1. General Conditions

   1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
   2. The Service is available by downloading the App in the Apple App Store and/or the Google Play Store.
   3. Technical support is available via email only at linkpop@shopify.com.
   4. You acknowledge and agree that the Service and the App, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Shopify.
   5. You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here: https://www.linkpop.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the App or the Service.
   6. You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of Canada and the Province of Ontario.
   7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
   8. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Linkpop, Shopify or Shopify’s trademarks and/or variations and misspellings thereof.
   9. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

2. Our Rights

   1. We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your access to the Service.
   2. We reserve the right to refuse the Service to anyone for any reason at any time.
   3. A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
   4. We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
   5. It is in our sole discretion to refuse or remove any content that is available via the Service.

3. Privacy and User Data

   1. You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any personal information you provide to us in using the App or the Service will be treated in accordance with the our Privacy Policy (available here: https://www.shopify.com/legal/privacy)
   2. The Service does not independently place cookies in order to track End Users between visits. You understand that the Service does collect and process certain End User data, such as the End User’s IP address, other browser related data, as well as the number of page views on your Linkpop Page, in order to provide you with analytics information. If you are using the Service as a Shopify Merchant (as defined under the Shopify Merchant TOS), such processing will be subject to the terms of the Data Processing Addendum to the Shopify Merchant TOS. If you are not using the Service as a Shopify Merchant, such processing will be subject to the terms of the Data Processing Addendum to these Terms of Service.     
   3. You grant us permission to allow the applicable Third Party Provider to access your data and the User Content (as hereinafter defined) and to take any other actions as required for the provision of the Service, and any exchange of data or User Content or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Shopify is not responsible for any disclosure, modification or deletion of your data or User Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Provider to your data or the User Content.

4. Accuracy, Completeness and Timeliness of Information

   1. We make no warranties with respect to the App or Service, and we are not responsible if any information available via the Service is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any use of or reliance on the material, information or content made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.
   2. Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions.
   3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service has been modified or updated.

5. Third Party Services

   1. We may reference or provide links to the sites of affiliated companies and certain other businesses, including, but not limited to, certain social media platforms (“Third Party Services”). We are not responsible for examining or evaluating, and we do not warrant the offerings, of any of these Third Party Services or the content of their websites. Shopify does not assume any responsibility or liability for the actions, products, content or any other transactions associated with any Third Party Services. It is your responsibility to ensure that you are familiar with and approve of the terms, policies and practices relating to such Third Party Services. Complaints, claims, concerns, or questions regarding Third Party Services should be directed to such third party.

6. Account Information

   1. To save and/or export your User Content, you must register for a Linkpopaccount ("Account") by providing your full legal name, a valid email address, mobile number and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
   2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Service to open an Account.
   3. You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
   4. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
   5. You are responsible for all activity and User Content including all data uploaded, collected, generated, stored, displayed, saved, distributed, transmitted or exhibited on or in connection with your Account.
   6. A breach or violation of any term in the Terms of Service, Shopify’s Acceptable Use Policy located here: https://www.shopify.com/legal/aup (the “AUP”), as determined in the sole discretion of Shopify may result in an immediate termination of your Account and/or your use of the App or the Services.
   7. We may contact you using the e-mail address or mobile number you provide in order to provide you with the App and the Service and provide you with information about the App and the Service and other Shopify products or services.
   8. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Service.
   9. You must notify Shopify immediately of any breach of security or unauthorized use of your Account. Shopify will not be liable for any losses caused by any unauthorized use of your Account.

7. Feedback and Other Submissions

   1. If you submit any ideas, suggestions, comments, proposals, plans, or other content or submissions to us, whether online, by email or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to use or rely on any Comments; (2) to maintain any Comments in confidence (unless such comments contain personal information); (3) to pay compensation for any Comments; or (4) to respond to any Comments.
   2. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other, intellectual property, personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, hateful or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

8. Prohibited Uses

   1. In addition to other prohibitions as set forth in the AUP or the Terms of Service, you are prohibited from using the App or the Service, or uploading any User Content through the Service or the App: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet. 
   2. You agree to comply with the AUP. We may, but have no obligation to, remove User Content and suspend or terminate your use of the App or Service if we determine, in our sole discretion, that your use of the App or the Service violates the AUP or these Terms of Service.
   3. We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

9. User Content

   1. You are fully and solely responsible for any posts, links, images, text, graphics or other content you create, submit or upload through the App or the Service (the “User Content”). Your are responsible for the User Content, including its legality, reliability and appropriateness. Where a third party owns any of the User Content, you are also responsible for ensuring that you have obtained all rights and licenses required to make the User Content available through the App or the Service.  You further represent and warrant that: (i) your User Content complies with all applicable laws; (ii) you have all necessary rights to upload, use, display and distribute your User Content; (iii) that the User Content (or modifications you may make to such User Content) does not infringe or violate any third party intellectual property rights, privacy or publicity rights, or moral rights; (iv) the User Content does not violate the AUP; (v) the User Content will not be misleading or deceptive; (vi) the User Content will not be unsolicited, undisclosed or constitute unauthorised advertising or endorsements of any product; and (vii) you will comply with the terms of use relating to any applicable Third Party Service. Shopify has no obligation to accept, display, review or maintain any User Content. Moreover, Shopify reserves the right to remove and permanently delete any User Content, including any User Content submitted or modified by any user, without notice and for any reason. Shopify may choose at its sole discretion to monitor the User Content for inappropriate or illegal behavior, including through automatic means. Shopify has the right to delete any User Content from the Service without notice for any reason at any time.

10. Your responsibility for End Users

    1. The way in which your visitors and customers (the “End Users”) use and interact with the User Content (as distinct from our obligations to you in these Terms of Service in respect of the Service itself) is your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.

11. Intellectual Property

    1. Shopify owns the App, including all worldwide intellectual property rights in the Service, and the content, trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any part of the Service or the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App or Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, or trade name of Shopify or any third party.
    2. You retain all right, title and interest in any User Content that you submit through the Service and you confirm that you have all third party rights and licences necessary to post the User Content. By creating, submitting or posting any User Content through the Service, you grant Shopify and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, display, and broadcast such User Content on, through or in connection with the App and the Service for any purpose and in any medium, including without limitation, for commercially promoting the App and the Service.

12. Disclaimer of Warranties; Limitation of Liability

    1. You expressly agree that your use of, or inability to use, the Service and the App is at your sole risk, and Shopify and its Affiliates’, officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Service. The Service and the App are provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the App or the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the App or the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service, including but not limited to the App, will meet your expectations, or that any errors in the App or the Service will be corrected. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
    2. In no event shall Shopify, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the App, the Service, or any services or products procured using the Service or the App, or for any other claim related in any way to your use of the App or the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the App or the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the App or the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

    You agree to indemnify, defend and hold harmless Shopify, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, resulting, whether directly or indirectly, from: (i) your use of the Service, the App and/or the information contained in the App, the Service and/or the User Content; (ii) your breach of any representation, warranty, obligation or covenant under these Terms of Service or the AUP; or (iii) your violation of the Terms of Service or the AUP.

14. Severability

    In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

    1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the App or the Service or by ceasing to use the App or the Service.
    2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the App or the Service or any part thereof.
    3. The obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

16. Waiver and Entire Agreement

    1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

17. Notice and Takedown Procedure

    Shopify supports the protection of intellectual property. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that any of the User Content is infringing their intellectual property rights, they can inform us by contacting legal@shopify.com.

18. Product Claims Against Apple

    1. The Terms of Service are concluded between you and Shopify, and not with Apple, and Apple is not responsible for the App or the Services.
    2. Apple is a third party beneficiary of the Terms of Service, and upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you.
    3. Shopify is responsible for providing maintenance and support with respect to the App and the Services.
    4. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your use of the Service, including but not limited to: (a) product liability claims; (b) any claim the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

Questions about the Terms of Service should be sent to us at linkpop@shopify.com.

Last updated on: July 20, 2021

1. Definitions

   1. “Data Protection Legislation” means European Union Regulation 2016/679 (the “General Data Protection Regulation”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it, and any other applicable legislation;
   2. “Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;
   3. “Service Provider” shall be interpreted in accordance with the California Consumer Privacy Act of 2018; 
   4. “Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with or to an identifiable or identified Data Subject who visits your Linkpop Page (an “End User”), which Shopify Processes as a Data Processor or Service Provider in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Shopify Processes in the context of services that it provides directly to a consumer, such as through its consumer facing applications like Shop and Shop Pay;
   5. “Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your End User’s Personal Data; and
   6. All other capitalized terms in this Addendum shall have the same definition as in the Agreement. 

2. Data Protection

   1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be Processed by Shopify’s Irish affiliate, Shopify International Ltd. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
   2. When Shopify Processes Personal Data in the course of providing the Services, Shopify will:
      1. Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Shopify is required by law to Process the Personal Data for any other purpose, Shopify will provide you with prior notice of this requirement, unless Shopify is prohibited by law from providing such notice;
         1. You acknowledge that Shopify acts as an independent Data Controller with regards to End User Personal Data that it collects directly from consumers through its consumer-facing applications and services like Shop and Shop Pay;
         2. notify you if, in Shopify’s opinion, your instruction for the Processing of Personal Data infringes applicable Data Protection Legislation;
      2. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to Shopify’s Processing of the Personal Data;
      3. implement reasonable technical and organizational measures enabling you to execute Data Subject Requests that you are obligated to fulfil;
      4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
      5. upon request, provide reasonable information to help the End User complete the End User’s data protection impact assessments.
      6. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Shopify’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
      7. notify you without undue delay upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
      8. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the End User Personal Data; and
   3. In the course of providing the Services, you acknowledge and agree that Shopify may use Subprocessors to Process the Personal Data. Shopify’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Shopify and Subprocessor that requires comparable protections to this Data Processing Addendum. A current list of Subprocessors may be found online at: Shopify's subprocessors. If you object to the appointment of a Subprocessor you may terminate this agreement in accordance with the Agreement. 

3. Miscellaneous

   1. In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Shopify may amend this Addendum from time to time by posting the relevant amended and restated Addendum here: https://www.linkpop.com/terms and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to https://www.linkpop.com/terms constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service. 
   2. Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
   3. The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Addendum.