Shop Pay Terms of Service

Shop Pay

1.1 Shop powers an accelerated checkout where your payment information is stored and retrieved for faster checkouts (“Shop Pay”). When you make a purchase on a Merchant store that offers Shop Pay as an accelerated checkout option (a “Shop Pay Site”), you will be asked on the checkout page if you would like to save your information. When you opt-in to save your information, you are signing up for Shop Pay, and we will collect and store certain personal information from you, such as your name, email address, and mobile phone number (“Account Information”); your credit card information and billing address (“Payment Information”); your shipping address and the shipping method you select on the checkout page of the Shop Pay Site (“Shipping Information”); and information related to your order details of goods or services purchased from a Shop Pay Site, such as the tracking number, carrier name, order number and product details (such as name, price, photos) (“Order Information”). Together, your Account Information, Payment Information, Shipping Information and Order Information are your “Saved Information”. All personal information collected from you in connection with your use of Shop is governed by the Shop Privacy Policy.

1.2 After you sign up for Shop Pay, if you use Shop Pay on a Shop Pay Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shop Pay Site or any other Shop Pay Site, which will allow you to make purchases using your Saved Information. If you visit a Shop Pay Site and you are not recognized by Shop (for example, because you’ve cleared your cookies, logged out, or you’re using a device that is different from the one you used to access the Shop Pay Site during your last checkout), you will be able to access your Saved Information by inputting your email address and a verification code will be sent to you via SMS text message or a notification from Shop. After you verify your identity, Shop will allow you to make purchases using your Saved Information, including your Shipping Information provided that the Merchant offers the applicable shipping method.

1.3 You can manage your Payment Information and Shipping Information in Shop or the next time you checkout from a Shop Pay Site. Should you update your Payment Information, you consent to Shopify validating your Payment Information, including your credit card on file. If you remove a credit card from your Saved Information, this will not terminate or cancel any subscriptions you may have purchased with a Merchant using your Saved Information in Shop Pay. You must cancel your subscriptions with the Merchant directly.

1.4 Note that message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.

Installments

1.5 When you check out with Shop Pay, you may have the option to pay in installments from participating stores. Installments are a flexible payment option that can help you invest in larger purchases up to $3,000 USD by dividing your purchase amount into four equal, biweekly, and interest-free payments.

1.6 Paying in installments with Shop Pay is powered and serviced by Affirm and is only available for payment on a limited number of Shop Pay Sites (“Eligible Shop Pay Sites”). Shopify does not determine your eligibility, and Eligible Shop Pay Sites determine the availability of the option to pay in installments with Shop Pay. While you can manage your payments in Shop, your use of installments is subject to the terms you agreed to with Affirm, including their terms of service which can be found here. Shopify is not a party to any agreement between you and Affirm, and expressly disclaims all liability with respect to such agreements.

1.7 To pay in installments with Shop Pay on an Eligible Shop Pay Site, you need to meet the following requirements:

1. Reside in the United States.
2. Sign up for Shop Pay.
3. Add your debit or credit card to your Shop Pay account.
4. Sign up for Affirm to confirm your eligibility.

1.8 The following limitations currently apply to paying in installments with Shop Pay:

1. Existing Affirm account holders aren’t eligible for paying by installments with Shop Pay.
2. Orders that include gift cards are excluded from paying in installments with Shop Pay.
3. To qualify, orders need to be between $50 and $3,000 USD, inclusive of shipping and taxes.
4. If you change your phone number within Shop Pay, then you also need to update your information with Affirm before you can pay for another purchase in installments with Shop Pay.
5. You can’t use a Capital One credit card to make Shop Pay Installment payments.

1.9 You can find more information on paying with installments here.

Order Tracking

1.10 Order tracking operates in different ways:

1. if the email account you use to sign up for Shop is the same email account you used to make a purchase with a Merchant who uses the Shopify features, products or services (a “Shopify Merchant”), we will automatically populate that Order Information in Shop;
2. if you make a purchase on a Shop Pay Site using Shop Pay and you have a Shop account, we will automatically populate that Order Information in Shop;
3. if you have a supported email account (for example, Gmail), we will populate that Order Information in Shop via tokenized read access to your supported email account;
4. other accounts may also be voluntarily connected, where with your permission, we may access the applicable Order Information to provide you with tracking notifications; or
5. if you do not have a supported email account, or if you do not wish to grant Shop tokenized read access to your email or other accounts, you can manually input tracking information or forward relevant order tracking emails to a Shop-provided endpoint.

For 1.10(1)-(5) above, you acknowledge and agree that Shop will obtain relevant Shipping Information (including tracking numbers) and Order Information on your behalf and import this information into Shop for you to track and manage your purchase. Shop may also obtain a reference to the email that contains this information. In accordance with the Shop Privacy Policy, we do not permanently store any email content. Emails filtered by Shop will only be looked at by humans if you specifically allow this type of access.

Shopping and Product Recommendations

1.11 Shop’s product recommendations and shopping functionalities allow you to discover, browse, and purchase products from Shopify Merchants (“Products”). Shop may also make personalized recommendations to you based on Merchants you follow or your Saved Information. Notwithstanding any features or tools that we might make available in Shop, and unless otherwise explicitly stated, we do not endorse, and we are not affiliated with any Merchant or their Products.

Post-Purchase Offers

1.12 Post Purchase Offers. Post-purchase offers are discounts offered by Merchants and may be surfaced to you in Shop after you make a purchase from a Shopify Merchant in Shop (“Post Purchase Offer(s)”). Post-Purchase Offers will continue to be exposed to you in various surface areas in Shop until the discount has expired or you use it. Shopify Merchants are responsible for enabling the Post-Purchase Offer campaign and at a minimum, providing the discount type and amount. The automated campaign will run until the expiration date set by the Shopify Merchant or when the Shopify Merchant chooses to disable it. Shopify has no control over and will not be liable for any Post-Purchase Offers offered by Shopify Merchants.

2.1 Shop allows you to store your Saved Information with us so that you have a fast and easy checkout experience on Shop Pay Sites, track your purchases in a centralized place, and browse, engage with and shop from your favourite Shopify Merchants.

2.2 Shop is a platform that connects you with Merchants, but any contract of sale made through Shop is directly between you and the Merchant. You, and not Shopify, are responsible for the purchases you make using Shop. The Merchant, and not Shopify, is responsible for the goods or services that you may purchase from them in Shop, including but not limited to delivery, refunds, fraud, advertising, liability relating to the Merchant’s products or services, or non-compliance with applicable law.

2.3 Your access to and use of Shop does not change your relationship with the Merchant, third party services or platforms (such as Facebook, Instagram, Amazon or Google) or with your bank or credit card company.

2.4 Shopify cannot intervene in any dispute between you and a Merchant for any transactions in Shop. If you find yourself in a dispute with a Merchant, another Shop user or a third party, we encourage you to contact the other party and try to resolve the dispute outside of Shop. You can submit a complaint in Shop, and Shop will forward your complaint to the Shopify Merchant with a request that they contact you directly. Shopify will not make judgments regarding factual disputes or legal issues or claims. Shopify has no obligation to resolve any disputes. You release Shopify from any claims, demands, and damages arising out of disputes relating to your use of Shop, including those with other users or parties.

2.5 Shop supports the protection of intellectual property and asks our users (including Merchants) to do the same. It’s our policy to respond to all notices of alleged copyright or trademark infringement. For more information, see our help page. If you find a Merchant or product that is violating the Shopify Acceptable Use Policy, please report that Merchant using the in-app reporting flow or here.

2.6 We make no warranties with respect to the products, services or information provided by Merchants through Shop, and we are not responsible or liable for: (a) Product liability claims; (b) claims that the offer or sale of Products or services via Shop fails to conform to any applicable legal or regulatory requirement; (c) claims respecting the Merchant’s Products, services, or practices arising under consumer protection or similar legislation; (d) any inaccurate, incomplete or out of date information offered by the Merchant; or (e) the acts or omissions of any third party platform where you may interact with or purchase from a Shop Pay Site.

2.7 Occasionally there may be information available through Shop that contains typographical errors, inaccuracies or omissions that may relate to, among other things, Product descriptions, pricing, promotions, offers and availability. We have no obligation to update, amend or clarify information in Shop, including without limitation, pricing information, except as required by law or a Merchant. No specified update or refresh date should be taken to indicate that all information in Shop has been modified or updated.

3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shop.

3.2 If you want to delete your Saved Information or stop storing information using Shop, please let us know by visiting https://shop.app/opt-out and opting out by submitting your email address, or by contacting us at bye@shop.app. If you want to change any of your Saved Information, you can do so in the app, during your next checkout using Shop Pay, or by visiting https://shop.app/help for more instructions.

3.3 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 may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shop or any part thereof.

3.4 We reserve the right to modify or terminate Shop or any of the features or tools provided therein for any reason, without notice, and at any time.

3.5 We reserve the right to refuse service to anyone for any reason at any time.

3.6 If your access to Shop is terminated by you or us, we will delete your Saved Information in accordance with our Shop Privacy Policy.

By using Shop you represent and warrant that (i) you are at least 18 years of age, (ii) the information you provide in using Shop is true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties, (iii) you will not use Shop for any fraudulent, unlawful or abusive purpose, and (iv) your use of Shop is not in violation of any obligation imposed on you.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Shop, its content, or any of the services available through the Shop: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, or local laws, regulations, rules, or ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious or destructive code; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, scrape or other similar activities; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the service or any related website or application, other website or application, or the Internet; (xii) use Shop in such a way that could overburden, attack, damage, or otherwise negatively impact the performance of Shop, or any other user’s use of Shop; (xiii) to modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of Shop, Merchant data, any Shop Pay Site, or any aspect or portion thereof, or (xiv) use any robot, spider, automatic device or process, or other automated or manual means to access Shop for any purpose. We reserve the right to terminate your use of Shop or any related website or application for violating any of the prohibited uses.

6.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SHOPIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.

6.3 YOUR USE OF SHOP IS AT YOUR SOLE RISK. THE SHOP SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.

6.4 TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP.

6.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP SERVICE WILL BE ACCURATE OR RELIABLE.

These Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shop. 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.

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Shop services or your rights under the Terms of Service by sending an email, providing notice through Shop app, or by similar means. Notwithstanding the foregoing, we may make changes to the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of Shop after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shop (refer to section 3).

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 will nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion will be deemed to be severed from these Terms of Service, and such determination will not affect the validity and enforceability of any other remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, the Shop Privacy Policy, and any other policies or operating rules incorporated into these Terms of Service or posted by us in respect to Shop constitutes the entire agreement and understanding between you and us, and govern your use of Shop, 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). These Terms of Service are not intended and will not be construed to create any rights or remedies in any parties other than you and us, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.

Upon termination of your use of Shop or termination of these Terms of Service for any reason, the following sections will survive termination: Preamble, Sections 1.6, 2, 3.6 and 4 through 12.

If you have any questions about Shop or these Terms of Service, please visit www.shop.app or contact us at help@shop.app.

Last Updated: September 15, 2021