Terms of Service & End User License Agreement

1. License & Provision of Services (“As-Is”)

1. Grant of License: Subject to these Terms, HelpToChoose grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Apps solely on your authorized online store.
2. “As-Is” Provision: The Apps are provided on an AS IS and AS AVAILABLE basis. HelpToChoose explicitly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, uptime, or error-free operation.

2. Limitation of Liability

1. No Indirect or Consequential Damages: To the maximum extent permitted by applicable law, in no event shall HelpToChoose, its developers, affiliates, directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation:
   • Loss of revenue, business profits, orders, or anticipated sales;
   • Store downtime, latency, or checkout interruptions;
   • Theme corruption, CSS/JavaScript script conflicts, or layout breaks;
   • Loss, corruption, or unauthorized alteration of merchant or customer data.
2. Liability Cap: In all circumstances, HelpToChoose’s total aggregate liability arising out of or related to your use of the Apps shall not exceed the total fees paid by you to HelpToChoose for the specific App in the three (3) months immediately preceding the event giving rise to the claim, or $50.00 USD, whichever amount is greater.

3. Merchant Responsibilities & Store Backups

1. Backup Requirement: Store environments vary with themes and third-party scripts. You are solely responsible for taking full backups of your store’s theme code, asset files, and product databases prior to installing, updating, configuring, or removing the Apps.
2. Pre-Production Testing: You agree to test quiz flows, product recommendation trees, comparison tables, and visual widgets in preview mode before publishing them live to customers.
3. App Removal Clean-Up: Upon uninstalling an App, you are responsible for removing any residual theme snippets or liquid tags if manual theme modification was performed.

4. Third-Party E-Commerce Platforms (Shopify, Shopline, etc.)

1. Platform Compliance: Our Apps operate within third-party e-commerce ecosystems, including Shopify and Shopline (each, a “Host Platform”). Your use of our Apps is strictly conditioned upon your ongoing compliance with your applicable Host Platform Merchant Agreement, Developer Terms, and Acceptable Use Policies.
2. Platform Dependency: Our Apps rely on the APIs, infrastructure, and webhooks provided by the Host Platform. HelpToChoose shall not be held liable for any app disruption, downtime, data sync delay, or feature limitation resulting from Host Platform service outages, API deprecations, or platform policy enforcement.
3. Billing and Subscriptions: App subscription fees, recurring charges, trial periods, and refund requests are processed directly via the respective Host Platform’s billing mechanisms (e.g., Shopify Billing API or Shopline App Store Billing). Disputes regarding billing transactions are subject to the policies of the respective Host Platform.

5. Data Privacy & Compliance Division

1. Roles of Parties: Under applicable global privacy regulations (including GDPR, UK GDPR, and US State Privacy Laws like CCPA/CPRA), the Merchant is the Data Controller and HelpToChoose is the Data Processor.
2. Merchant Privacy Obligations: You represent and warrant that you maintain a compliant Privacy Policy on your storefront, have provided all required notices to end consumers, and have obtained all lawful consents required to capture quiz responses, preferences, and session data.
3. Platform Webhooks: We comply with mandatory platform privacy endpoints, executing data access requests (customers/data_request), customer redactions (customers/redact), and store de-provisioning (shop/redact) within standard statutory windows.

6. Indemnification

You agree to defend, indemnify, and hold harmless HelpToChoose, its affiliates, and licensors from and against any third-party claims, liabilities, losses, damages, fines, and legal expenses (including reasonable attorney fees) arising from or relating to:

• Your breach of these Terms or Host Platform developer policies;
• Your violation of any applicable consumer privacy, advertising, or consumer protection law;
• Any dispute between you and your end customers regarding recommendations, product details, or purchases made through the Apps.

7. Termination

HelpToChoose reserves the right to suspend or terminate your access to the Apps at any time if you fail to comply with these Terms, fail to pay required subscription fees, or engage in abusive, fraudulent, or harmful use of the infrastructure.

8. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

9. Contact Information

If you have any questions regarding these Terms, please contact us at:

• Email: info@helptochoose.com
• Website: https://helptochoose.com