Terms of service

These Terms of Service (“Terms”) govern access to and use of the EarnKit Shopify application, related embedded admin experiences, customer-facing loyalty features, and our public website (collectively, the “Service”). By installing or using the Service, you agree to these Terms.

Parties: These Terms are between you, the merchant who installs EarnKit on a Shopify store (“you” or “Merchant”), and James Seymour-Lock, an individual trading as EarnKit (“EarnKit”, “we”, or “us”), at 442 Lorimer Street, Ste D, PMB #740, Brooklyn, NY 11206, United States.

Contact: support@earnkit.app

Parties and governing law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law rules. The state and federal courts located in New York County, New York have exclusive jurisdiction over disputes arising from these Terms, except where mandatory consumer or data-protection law gives you rights that cannot be waived by contract.

The service

EarnKit provides software that lets Shopify merchants run a points-based loyalty program and refer-a-friend rewards. The Service:

• Awards points for eligible purchases and for the welcome, birthday, social follow and referral rewards you configure, according to settings you choose.
• Lets customers exchange points for Shopify discount codes that EarnKit generates from the rewards you configure. Each is a fixed amount off an order. EarnKit does not issue cash, store credit, or a stored-value account.
• Publishes loyalty state to Shopify metafields and supported storefront or customer-account surfaces.
• Processes Shopify webhooks and Admin API calls needed to operate the program.

EarnKit depends on Shopify. If Shopify is unavailable, or changes APIs or policies, parts of the Service may stop working until we adapt. We do not operate your storefront, checkout, or email marketing.

Points have no cash value except as you describe in your own customer-facing terms. EarnKit does not guarantee any particular commercial result from running a loyalty program.

Merchant obligations

You agree to:

• Configure the program accurately and keep reward rules, point values, and referral terms aligned with what you tell customers.
• Publish your own privacy notice and loyalty terms that cover how you use customer information, including data processed through EarnKit on your behalf.
• Comply with applicable marketing, consumer, and data-protection laws for your store and customers.
• Use referral and fraud controls responsibly; you are responsible for messages you send and incentives you offer.
• Keep your Shopify store and EarnKit installation authorised; do not attempt to bypass Shopify billing or access controls.

You must not use the Service to process data you are not permitted to share with us or with Shopify.

Fees and billing

EarnKit is a paid app billed through Shopify’s App Store billing. You approve the charge once, and your price then follows the paid orders in each billing cycle automatically: there is no free trial, and there are no plans to upgrade, downgrade or switch between. Current prices and order bands are shown on the App Store listing and on our pricing page. Shopify charges your Shopify account; we do not collect payment card details directly.

If you dispute a charge, contact Shopify through your admin billing settings. Continued use after a price change constitutes acceptance of the new price for the next billing period, subject to Shopify’s policies.

Availability and support

We aim to keep the Service available but do not promise uninterrupted uptime or a specific response time. Maintenance, Shopify outages, and third-party failures may interrupt the Service.

Support is by email at support@earnkit.app. Emergency phone support is not offered through these Terms.

Data protection

Our privacy policy describes what EarnKit collects, why, retention, deletion, subprocessors, and rights. You are the controller for your customers’ personal data; EarnKit processes it as your processor to provide the Service.

By using EarnKit you instruct us to process customer and order data as needed to run the loyalty program you configure, including responding to Shopify customers/data_request, customers/redact, and shop/redact webhooks.

Data processing terms. For personal data we process on your behalf, we:

• process it only on your documented instructions (these Terms and your program settings), and only to provide the Service;
• make sure anyone who processes it for us is bound by confidentiality;
• protect it with the security measures described in our privacy policy;
• use only the subprocessors listed in our privacy policy, keep that list current, and hold each to data-protection terms no less protective than these;
• help you answer your customers’ requests, including through Shopify’s customers/data_request and customers/redact webhooks;
• tell you without undue delay after we become aware of a personal data breach affecting your data;
• delete it when you uninstall, on the timeline in our privacy policy; and
• make available, on reasonable request, the information needed to show we meet these commitments.

Where EU, UK or Swiss data-protection law requires it, the European Commission’s Standard Contractual Clauses (Module Two, controller to processor, or Module Three, processor to processor, as applicable) and the UK International Data Transfer Addendum are incorporated into these Terms by reference for transfers of your customers’ personal data to the United States.

Termination and data

You may stop using EarnKit by uninstalling the app from Shopify. Uninstall stops new earning and redemption through the Service. Shopify sends shop/redact after uninstall; EarnKit then erases your shop’s tenant data on the timeline in the privacy policy (within 30 days of Shopify’s signal, with backups ageing out on the 29-day backup retention).

Some sections survive termination by their nature, including limitations of liability, governing law, and payment obligations already incurred.

Liability and jurisdiction

To the fullest extent permitted by law:

• The Service is provided “as is” without warranties of merchantability, fitness for a particular purpose, or non-infringement.
• EarnKit is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if we were advised such damages were possible.
• Our total liability for any claim arising from these Terms or the Service is limited to the greater of the fees you paid for the Service in the 12 months before the claim arose, or US$100.

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum permitted by law.

You indemnify EarnKit against claims arising from your store content, your program rules, your customer communications, or your breach of these Terms, except to the extent caused by our intentional misconduct.

Changes to these terms

We may update these Terms when the Service, billing, or legal requirements change. We will post the new version on this page with an updated effective date and version. If a change materially reduces your rights, we will provide notice through the app or by email where reasonable before the change takes effect.

Your continued use after the effective date constitutes acceptance unless applicable law requires your explicit consent.