These Terms of Service (“Terms”) govern your access to and use of the Back in Stock Shopify application, related services, and this website (collectively, the “Service”). By installing, accessing, or using the Service, you agree to these Terms.
1. Agreement
These Terms form a binding agreement between you (the Merchant or authorized store staff acting on behalf of a Merchant) and the operator of Back in Stock (“we”, “us”, or “our”). If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company.
Our Privacy Policy explains how we handle personal data and is incorporated by reference into these Terms.
2. The Service
Back in Stock helps Shopify Merchants collect restock interest when products or variants are unavailable and send notification emails when inventory returns. Features may include a storefront waitlist experience, subscription storage, inventory-triggered alerts, and a Merchant dashboard.
We may modify, suspend, or discontinue features with reasonable notice where practicable. We do not guarantee uninterrupted availability, delivery of every email, or any specific sales outcome.
3. Shopify relationship
The Service operates on the Shopify platform. Your use of Shopify is governed by Shopify’s terms and policies. We are not Shopify, and Shopify is not a party to these Terms. You must maintain a valid Shopify store and grant only the App permissions needed for operation.
If Shopify changes APIs, policies, or App Store requirements, we may update the Service to remain compatible. Temporary interruptions may occur during such changes.
4. Account and eligibility
- You must be legally able to enter a contract in your jurisdiction.
- You are responsible for all activity under your Shopify store installation of the App.
- You must provide accurate support contact information and keep App settings up to date.
5. Merchant responsibilities
You agree that you will:
- Use the Service only for lawful business purposes related to your Shopify store;
- Provide Customers with appropriate privacy notices and obtain any consents required to collect emails and send restock notifications under applicable laws (including anti-spam and marketing laws such as CASL, CAN-SPAM, GDPR, and similar rules);
- Not use the Service to send deceptive, unlawful, harassing, or unrelated marketing content;
- Not attempt to reverse engineer, abuse rate limits, probe vulnerabilities, or interfere with the Service or other Merchants;
- Ensure your theme integrations and customizations do not misrepresent stock status or mislead Customers;
- Comply with Shopify’s Partner Program and App Store policies applicable to your use of apps.
6. Customer messaging
Restock emails are transactional or requested notifications tied to a Customer’s waitlist signup. You are responsible for the content of any customizable fields you control and for honoring unsubscribe or deletion requests that apply to your store. We may include operational footer information, unsubscribe mechanisms, or compliance language as needed.
7. Fees and billing
Pricing, if any, will be presented through the Shopify App Store listing, the App interface, or a separate order form. Charges may be billed through Shopify’s billing APIs. Unless stated otherwise, fees are non-refundable except where required by law or expressly offered by us. We may change pricing with notice; continued use after the effective date constitutes acceptance of the new pricing for subsequent billing periods.
8. Intellectual property
We and our licensors own the Service, including software, design, trademarks, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes while the App remains installed and in good standing.
You retain ownership of your store content, product data, and Customer relationships. You grant us a limited license to process that content solely to provide and improve the Service as described in the Privacy Policy.
9. Confidentiality
Each party may receive non-public information from the other. The receiving party will use reasonable care to protect that information and use it only for purposes of the Service, except where disclosure is required by law or the information becomes public through no fault of the receiving party.
10. Privacy and data protection
Each party will comply with privacy obligations applicable to its role. You instruct us to process Customer personal data as needed to provide restock notifications and related features. We will process such data in accordance with our Privacy Policy and applicable law, including responding to Shopify mandatory compliance webhooks.
11. Third-party services
The Service may rely on third-party infrastructure such as hosting providers and transactional email delivery services. We are not responsible for third-party outages beyond our reasonable control, but we will take commercially reasonable steps to restore Service functionality.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT EMAILS WILL ALWAYS BE DELIVERED, THAT INVENTORY SIGNALS WILL BE INSTANTANEOUS, OR THAT THE SERVICE WILL MEET YOUR REVENUE TARGETS.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS (USD $100) IF YOU HAVE NOT PAID ANY FEES.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
14. Indemnification
You will defend, indemnify, and hold us harmless from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Service, your storefront content, your violation of these Terms or applicable law, or your failure to provide required notices/consents to Customers.
15. Suspension and termination
You may stop using the Service at any time by uninstalling the App. We may suspend or terminate access if you breach these Terms, create security risk, fail to pay fees when due, or if required by Shopify or law. Upon termination, your license ends and we will handle data as described in the Privacy Policy (including shop redaction obligations).
16. Changes to these Terms
We may update these Terms by posting a revised version on this page and updating the “Last updated” date. Material changes may also be communicated through the App or by email. Continued use after the effective date constitutes acceptance of the updated Terms.
17. Governing law
Unless mandatory local law provides otherwise, these Terms are governed by the laws applicable in the jurisdiction where the App operator is established, without regard to conflict-of-law rules. Courts in that jurisdiction will have exclusive venue for disputes, except that either party may seek injunctive relief in any competent court.
If you are a consumer with non-waivable local rights, those rights remain available to you.
18. Miscellaneous
- If any provision of these Terms is unenforceable, the remaining provisions remain in effect.
- Failure to enforce a provision is not a waiver.
- You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- These Terms are the entire agreement regarding the Service and supersede prior terms.
19. Contact
Questions about these Terms:
Email:
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App: Back in Stock (Shopify)