TERMS AND CONDITIONS

These Enlistly Services Terms and Conditions (“Terms”) govern access to and use of the Enlistly (“Enlistly,” “we” or “us”) websites and services (collectively, the “Site”) by site visitors (“Site Visitors”) and by individuals or entities who purchase services (“Enlistly Services”) or create an account (“Account”). By using the Site or any Enlistly Services, you as a Site Visitor or Account accept these Terms (whether on behalf of yourself or a legal entity you represent). Accounts and Site Visitors may be referred to in these Terms as “you” and “your” as applicable. If you are an Affiliate and you or your organization are bound by a Shop Agreement with Enlistly LLC (“Shop Terms”), then these Terms will apply, if at all, only to use of the Site or any Enlistly Services to the extent such use is not already governed by such a Shop Agreement. For the avoidance of doubt, all references to the “Site” in these Terms also include the Enlistly Services. BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.

Account

1. Account information will be obtained through Shopify account authorizations.
2. To access and use the Services, you must register for a Enlistly account (“Account”) by providing your a valid email address, and any other information indicated as required. Enlistly may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
3. 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 Services to open an Account.
4. You acknowledge that Enlistly 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. You must monitor the primary Account email address you provide to Enlistly and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Enlistly can only be authenticated if they come from your primary Account email address.
5. You are responsible for keeping your password secure. Enlistly cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
6. You acknowledge that you are responsible for the creation and operation of your Enlistly affiliate program.
7. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
8. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Enlistly may result in an immediate termination of your Services.

Acceptable use

Your use of the Site and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations

Termination of Use

Enlistly may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Enlistly may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Enlistly may terminate or limit your access to or use of the Site if Enlistly determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Enlistly shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared. Failure to pay affiliates can result in limited access or account termination.

Intellectual Property

The Site in its entirety including the, Site Content and is owned by Enlistly or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Site only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Enlistly. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Site Content without Enlistly's express prior written consent or except as expressly provided in these Terms of Use.

Data Retention

We would like to inform our valued merchants that as part of our Shopify app services, we process certain end customer data, including email addresses, names, and order details. This data is processed in order to provide a comprehensive dashboard experience that allows you to effectively manage and analyze your business activities. We understand the importance of transparency and accountability when it comes to data handling, and we want to assure you that we take appropriate measures to safeguard the privacy and security of this data.

In compliance with industry best practices and applicable data protection regulations, we will retain the aforementioned end customer data for a period of 365 days. This retention period allows you to access and refer to historical customer information within your dashboard for the purpose of fulfilling orders, analyzing customer behavior, and enhancing your overall business strategies. Rest assured that beyond this retention period, we will securely dispose of the data in a manner that protects it from unauthorized access or disclosure.

We value the trust you have placed in our services, and we strive to uphold the highest standards of data privacy and security. Should you have any questions or concerns regarding our data retention practices or any other aspect of our services, please do not hesitate to contact our support team. We are here to assist you and ensure that your experience with our app is both successful and privacy-conscious.

Privacy and Data Protection Agreements

As part of our commitment to safeguarding your data and protecting the privacy of your customers, we hereby establish a privacy and data protection agreement with all our valued merchants. This agreement outlines the responsibilities and obligations of both parties in relation to the collection, processing, and storage of personal data within the scope of our Shopify app.

We, as the service provider, are committed to implementing appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of the data we process on your behalf. We will only collect and process personal data in accordance with applicable laws and regulations, and solely for the purpose of providing our app services and supporting your business operations.

As a merchant, you agree to comply with all applicable data protection laws and regulations when using our app and handling personal data of your customers. This includes obtaining any necessary consents or authorizations from your customers for the collection, processing, and sharing of their personal information within the context of our app services. You also acknowledge that you are responsible for the accuracy, legality, and appropriateness of the personal data you provide to us.

Both parties understand and agree that any personal data shared between the merchant and our app will be handled strictly in accordance with the terms of this agreement and will not be used for any purposes other than those explicitly stated or required by law. We will not sell, rent, or disclose personal data to third parties without your prior consent, except as required by law or as necessary to fulfill our contractual obligations to you.

By continuing to use our app, you acknowledge your acceptance of this privacy and data protection agreement. We encourage you to review the full text of the agreement, which can be found on our website or by contacting our support team. We are committed to maintaining a transparent and trustworthy relationship with our merchants, and this agreement is a testament to our dedication to protecting your privacy and data.

Payments

Subscriptions payments are handled through Shopify's billing platform. Termination, refunds, and other payment related issues are to be directed to the Shopify. Enlislty is not responsible is not liable for any recurring charges process through Shopify Billing. It if your sole responsibility to keep payment information updated. A non payment may result in account termination or limited access. Enlistly is not responsible and cannot be held accountable for a Shop's failure to pay an Affiliate or any 3rd party payment platform issues.

DISCLAIMER OF WARRANTY

USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED "AS IS", WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ENLISTLY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUt LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ENLISTLY MAKES NO WARRANTY OR GUARANTEE THAt THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL ENLISTLY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ENLISTLY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

General

These Terms govern your use of the Website and constitute the entire legal agreement between you and Enlistly relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Enlistly reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Enlistly may update these Terms from time to time. It is your responsibility to check these Terms regularly. Enlistly’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Enlistly. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Sacramento County, California. You acknowledge that Enlistly may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.