Terms of service
1. Who these terms are between
These Terms of Service (the "Terms") are an agreement between Gift Receipt LLC, an Illinois limited liability company ("Gift Receipt," "we," "us"), and the business that installs or uses the Gift Receipt application ("you," "the merchant").
By installing the app, or by using it, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you have authority to bind that company.
If you do not agree, do not install the app, and uninstall it if it is already installed.
2. What the app does
Gift Receipt is an application for the Shopify platform. It lets a buyer mark an order as a gift and supply the recipient's email address, a name to sign the gift with, and an optional message. When the order reaches a delivered status, or after a set period following fulfillment where no delivery status is reported, the app sends the recipient a branded email containing the sender's name, the order number, and the items, together with guidance for returning or exchanging the item through your store.
The gift receipt email does not display prices, and it contains no links other than our own footer attribution. Return guidance in the email is text, built around the order number, so that the recipient is never shown what the gift cost.
The app also applies a tag to gift orders in your Shopify admin, and lists gift orders inside the app so you can see whether a receipt has been sent.
3. Our commitments to you
The following are contractual commitments, not descriptions of features, and they apply for as long as you use the app.
No prices in recipient emails. A gift receipt email sent by the app will not display item prices, order totals, discounts, taxes, shipping charges, or any other monetary amount relating to the order.
Transactional only. Gift receipt emails are transactional messages sent in connection with a specific order. We will not use a gift recipient's email address to send marketing, promotional, or newsletter content.
No marketing lists without express opt in. We will not add a gift recipient to your marketing list, or to any marketing list of our own, unless that recipient expressly opts in. Where an opt in is offered, the recipient's consent is recorded.
No sharing beyond the providers we name. We will not disclose a gift recipient's personal information to any party other than the service providers listed in section 10.4, which process it on our instructions in order to operate the app, or where disclosure is required by law. We do not sell personal information.
These commitments are subject to the limitation of liability in section 15.
4. Your Shopify account
The app runs on Shopify and requires an active Shopify store. Your relationship with Shopify is governed by your agreement with Shopify, not by these Terms, and we are not responsible for the Shopify platform, its availability, or its billing.
You are responsible for maintaining the security of your Shopify account and for the acts of anyone you give access to it.
We access order and fulfillment data through Shopify's official APIs, under the permissions you grant at installation. Shopify classifies some of this as protected customer data, and we operate under Shopify's requirements for handling it.
5. Plans, fees, and billing
Plans are based on your store's total order volume in a calendar month, not on the number of gift orders. We price this way deliberately, because most merchants know their total order volume and cannot readily estimate what share of it is gifts. Gift receipt emails are unlimited on every plan, and there is no per email charge, so a busy gifting season never increases your bill.
As of the effective date the plans are:
- Free — $0, for stores up to 50 orders a month
- Growth — $19 per month, for stores up to 500 orders a month
- Pro — $49 per month, for stores up to 2,000 orders a month
- Enterprise — by agreement, for stores above 2,000 orders a month
Paid plans add branding control, removal of the footer attribution, and opt in messaging. The gift prompt shown after checkout is included on every plan, including Free, because it is how the app covers stores whose shoppers never see a cart page.
How you are charged. Paid plans are billed through Shopify's Billing API and appear on your Shopify invoice. Shopify's billing terms and currency conversion apply. We do not receive or store your payment card details.
Exceeding your plan. If your store's order volume exceeds your plan's monthly limit, we will contact you and give you a reasonable opportunity to move to a higher plan. We will not stop sending gift receipts without telling you first.
Changing or cancelling. You may change plans or cancel at any time by uninstalling the app or through the app's settings. Cancellation takes effect at the end of the current billing period. Except where the law requires otherwise, fees already paid are not refunded for a partial period.
Price changes. We may change prices on thirty days' notice, given by email to your account address or inside the app. A price change does not affect the billing period already in progress. If you do not accept a price change, your remedy is to cancel before it takes effect.
6. Free plan and beta
The Free plan, and any use of the app during a beta or early access period, is provided without charge and on an as is basis. During a beta period we may change, suspend, or discontinue features with limited notice, and the availability and support commitments in section 13 do not apply.
Access provided free of charge during a beta period is free for the duration of that beta. It does not create a permanent free plan, a locked in rate, or an entitlement to any particular price afterwards. We will give you at least thirty days' notice before a beta period ends and ordinary pricing begins, so that you can decide whether to continue, and we will not delete your settings without telling you.
7. Your responsibilities
You are responsible for the following, and they matter because the app acts on data you supply.
A lawful basis for the data you pass to us. You confirm that you have the right to collect the gift recipient email addresses and other details entered in your store, and to have us process them in order to send a gift receipt. You are the party with the relationship to your buyers and their recipients.
Accuracy. We send gift receipts to the address supplied on the order. We are not responsible for a receipt sent to a wrong address that a buyer entered.
Your storefront and theme. You are responsible for how the gift capture appears in your cart, thank you page, and order status page, including adding the checkout extension blocks where required.
Your own legal obligations. You remain responsible for your store's own privacy policy, terms, and compliance with the laws that apply to your business.
8. Acceptable use
You may not use the app to send unsolicited bulk email, to send content that is unlawful, deceptive, harassing, or infringing, to attempt to access data belonging to another merchant, to probe or circumvent the app's security, to reverse engineer or copy the app, to resell or sublicense access without our written agreement, or to use the app in a way that interferes with its operation for others.
Gift receipt emails are transactional, and the gift capture fields exist to deliver them. Using those fields to build a marketing list is a breach of these Terms.
9. Intellectual property
The app, including its code, design, interface, email templates, documentation, and the Gift Receipt name and logo, is owned by Gift Receipt LLC. These Terms grant you a limited, non exclusive, non transferable, revocable right to use the app while your account is in good standing. No other rights are granted.
Your store name, logo, brand assets, product information, and customer data remain yours. You grant us only the limited right to use them as needed to operate the app for you, including displaying your logo and accent color in gift receipt emails you configure.
You may not remove or alter our attribution in gift receipt emails except by using the footer removal setting in the app.
If you send us feedback or suggestions, we may use them without obligation or attribution.
10. Data protection
This section forms the data processing terms between us. It applies in addition to our Privacy Policy.
10.1 Roles
For personal information about your customers, including gift recipients, you are the controller and we act as processor on your instructions. For information about your own merchant account, we act as controller.
10.2 Scope of processing
We process your customers' personal information only to provide the app as described in these Terms and in the privacy policy, and on your documented instructions. Installing the app and configuring its settings constitute your instructions. We will tell you if we believe an instruction breaches applicable data protection law.
The categories processed are the gift recipient's email address and name where supplied, the name the buyer signs the gift with, any gift message, the items and order number, and the order's fulfillment and delivery status. The data subjects are your buyers and their gift recipients.
10.3 Confidentiality
Access to your customers' personal information is limited to personnel who need it to operate the app, and those personnel are bound by confidentiality obligations.
10.4 Sub-processors
You authorize us to engage the following sub-processors, each located in the United States:
- Resend — email delivery. Receives the gift recipient's email address and the contents of the gift receipt.
- Railway — application hosting and database.
- Shopify — the platform the app runs on and the source of order data.
We remain responsible for our sub-processors' performance. We will give you at least thirty days' notice before adding or replacing a sub-processor, by email or in the app. If you reasonably object on data protection grounds, you may terminate by uninstalling the app before the change takes effect.
10.5 Security
We maintain the technical and organizational measures described in our Data Protection and Security Practices document, available on request. These include encryption of personal information in transit and at rest, access to production systems restricted to authorized personnel, separation of test and production environments, HMAC verification of platform webhooks, and two factor authentication on accounts protecting production systems.
10.6 Personal data breaches
We will notify you without undue delay after becoming aware of a personal data breach affecting your customers' personal information, and will provide the information reasonably available to us so that you can meet your own notification obligations.
10.7 Assistance and individual requests
We implement Shopify's mandatory privacy webhooks for customer data requests, customer redaction, and shop redaction, and respond to them as Shopify requires.
Because we process your customers' data on your behalf, an individual's request is usually best directed to you. Where an individual contacts us directly we will route the request to you and assist you in responding, taking into account the nature of the processing and the information available to us.
10.8 Retention and deletion
The app's database does not store gift recipients' contact details. The recipient's email address, the signing name, and the gift message are read from the Shopify order at the time the receipt is sent and are not copied into our database.
Order level records used to prevent duplicate sends are deleted automatically ninety days after the gift receipt is sent.
On uninstallation we delete or anonymize your merchant account information in accordance with Shopify's shop redaction process, and will delete remaining data on your written request, except where we are required to retain it by law.
10.9 International transfers
Personal information is processed in the United States. Where a transfer requires a lawful transfer mechanism, we will put an appropriate one in place, including standard contractual clauses where they apply.
10.10 Information and audits
On reasonable written request, and no more than once in any twelve month period unless a supervisory authority requires otherwise, we will provide the information reasonably necessary to demonstrate compliance with this section, including our Data Protection and Security Practices document and responses to a reasonable security questionnaire.
11. Confidentiality
Each of us may receive information from the other that is not public and is reasonably understood to be confidential. Each of us will protect the other's confidential information with reasonable care, use it only for the purposes of these Terms, and not disclose it except to personnel and advisors who need it and are bound to keep it confidential, or where disclosure is required by law.
This does not apply to information that is or becomes public without breach, was already known, is independently developed, or is lawfully received from a third party.
12. Third party services
The app depends on Shopify, and on the sub-processors listed in section 10.4. Returns and exchanges themselves are handled by you, through whatever process or provider your store uses. We are not responsible for those services, their availability, or their terms.
13. Availability and support
We aim to keep the app available and to send gift receipts promptly, but we do not commit to a service level or uptime percentage, and the app may be unavailable during maintenance, during a platform outage, or for reasons outside our control.
Support is provided by email at [email protected] during ordinary business hours. We aim to respond within two business days.
Delivery of email depends on Shopify, our email provider, and the receiving mail systems, none of which we fully control. We do not guarantee that any particular message will be delivered or will reach an inbox rather than a spam folder.
14. Disclaimer of warranties
Except for the commitments in section 3, the app is provided on an "as is" and "as available" basis. To the fullest extent permitted by law we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non infringement, and any warranty that the app will be uninterrupted, error free, or free of harmful components.
You are responsible for deciding whether the app is suitable for your business.
15. Limitation of liability
To the fullest extent permitted by law:
Neither of us is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost sales, lost data, or loss of goodwill, even if advised that they were possible.
Our total aggregate liability arising out of or relating to these Terms or the app, whether in contract, tort, or otherwise, will not exceed the greater of (a) the total fees you paid us in the twelve months immediately before the event giving rise to the claim, or (b) one hundred United States dollars.
These limits do not apply to our gross negligence, our willful misconduct, our fraud, our obligations under section 16, or any liability that cannot be limited by law.
The limits apply in aggregate across all claims and do not reset with each claim. You agree that these limits are a reasonable allocation of risk and that we would not offer the app on these terms without them.
16. Indemnification
By you. You will defend and indemnify us against third party claims arising from your use of the app in breach of these Terms, from content you or your buyers supply, from your failure to have a lawful basis for the personal information you pass to us, or from your breach of applicable law.
By us. We will defend and indemnify you against third party claims that the app, as provided by us and used in accordance with these Terms, infringes a United States intellectual property right.
In each case the party seeking indemnity must give prompt written notice, allow the other party to control the defense, and provide reasonable cooperation. No settlement that imposes an obligation on the indemnified party may be made without its consent.
17. Term, suspension, and termination
These Terms begin when you install the app and continue until the app is uninstalled or these Terms are terminated.
You may terminate at any time by uninstalling the app.
We may suspend or terminate your access, on notice where practicable, if you materially breach these Terms, if your use creates a security or legal risk to us or another merchant, if required by Shopify or by law, or if fees remain unpaid.
On termination your right to use the app ends, and sections 9, 10.8, 11, 14, 15, 16, 18, and 19 survive.
18. Changes to these Terms and to the app
We may change the app, including adding, modifying, or removing features. We will not make a change that removes one of the commitments in section 3.
We may change these Terms. Where a change is material we will give at least thirty days' notice by email to your account address or in the app, and the change takes effect at the end of that period. Continuing to use the app after that means you accept the change. If you do not accept it, uninstall the app before the change takes effect.
The current version is always posted at this address, with the "Last updated" date above.
19. Disputes
Talk to us first. If a dispute arises, the party raising it will send the other a written description of the dispute and what it wants, and both of us will try in good faith to resolve it. Neither of us may start a court proceeding until thirty days after that notice, except to seek an injunction or other urgent relief, or to bring a claim in a small claims court.
Governing law and venue. These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any proceeding must be brought exclusively in the state or federal courts located in Cook County, Illinois, and each of us consents to the jurisdiction of those courts.
Time limit. Any claim must be brought within one year after it arises, except where a longer period is required by law.
20. General
Entire agreement. These Terms, together with the privacy policy, are the entire agreement between us about the app and replace any earlier understanding on the subject.
Assignment. You may not assign these Terms without our written consent, except to a successor to your business. We may assign them to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.
No waiver. A failure to enforce a provision is not a waiver of it.
Severability. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect.
Force majeure. Neither of us is liable for a delay or failure caused by an event beyond our reasonable control, including platform outages, network failures, and acts of government.
Independent parties. Nothing here creates a partnership, joint venture, employment, or agency relationship.
Notices. Notices to you are sent to your merchant account email address or shown in the app. Notices to us go to [email protected], and for legal notices also by post to the address below.
No third party beneficiaries. These Terms are for you and us only. Gift recipients and buyers are not parties to them and gain no rights under them.
21. Contact
Email: [email protected]
Postal:
Gift Receipt LLC
1 N 1st St, 7th Fl
Phoenix, AZ 85004
United States