1. Acceptance of Terms
By installing or using Content Vault, you (“Merchant”) agree to these Terms of Service. These terms constitute a legal agreement between you and Content Vault LLC (“we,” “us,” “our”). If you do not agree to these terms, you must discontinue using Content Vault immediately. We reserve the right to modify these terms at any time. Significant changes will be communicated via email or within the Shopify app notification system. Your continued use of Content Vault after such changes constitutes acceptance of the updated terms.
2. Service Description
Content Vault is a tool designed to facilitate the creation and management of subscriptions for digital products. Merchants can configure various types of subscriptions and apply them to specific digital products or collections. While Content Vault aims to provide a user-friendly interface, the effectiveness of these subscriptions in terms of customer engagement and sales performance is influenced by the merchant’s setup and overall business strategy.
3. Disclaimer of Warranties
Content Vault is provided “as-is” and “as available,” without any guarantees or warranties, either express or implied. We do not guarantee the app’s uninterrupted availability or that it will be free from defects, bugs, or errors. Merchants are responsible for ensuring that Content Vault functions as intended within their unique store environment, including Shopify updates and third-party app interactions.
Specifically, we do not warrant:
- That Content Vault will meet your specific requirements or that it will operate continuously and error-free.
- That any issues with third-party integrations (including Shopify) will be addressed or resolved by Content Vault.
- That the use of Content Vault will result in increased sales, revenue, or customer engagement.
4. Sales Impact Disclaimer
Content Vault facilitates the creation of subscriptions; however, the responsibility for configuring, testing, and deploying these subscriptions lies entirely with the merchant. Content Vault is not responsible for any negative financial or operational impacts that arise from the incorrect configuration or use of subscriptions, including but not limited to:
- Subcription charge being incorrectly applied (e.g., too large or too small).
- Issues with subscription expiration dates.
- Subscriptions failing to apply at checkout.
It is the merchant’s responsibility to ensure that all subscriptions and offers created via Content Vault are accurate and properly tested before being published on their live store. Content Vault disclaims any responsibility for lost revenue, incorrect pricing, customer dissatisfaction, or any other financial consequences stemming from subscription use.
5. Limitation of Liability
To the fullest extent permitted by law, Content Vault, its owners, employees, agents, or affiliates shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the app. This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses resulting from:
- Errors in the configuration of subscriptions.
- The unavailability or inaccessibility of Content Vault.
- Any disruptions to the Shopify platform or third-party apps that interfere with the app’s performance.
Merchants agree that the total liability of Content Vault, for any reason, will not exceed the total amount of subscription fees paid in the six (6) months prior to the event giving rise to the liability.
6. Indemnification
By using Content Vault, you agree to indemnify, defend, and hold harmless Content Vault, its owners, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, or costs (including attorney fees) that arise out of:
- Your misuse of the app, including any errors in subscription configurations.
- Any disputes or claims brought by your customers concerning subscription.
- Any breach of these Terms of Service or violations of law, including but not limited to false advertising, deceptive practices, or consumer protection violations.
Merchants acknowledge that Content Vault is not responsible for monitoring or enforcing any legal compliance related to the subscription created using the app.
7. Subscription Fees and Billing
Merchants are required to pay all applicable subscription fees in accordance with the pricing plan selected at the time of installation. These fees will be charged on a recurring basis via Shopify’s billing system. If payment is not received, access to Content Vault may be suspended or terminated.
Changes to Pricing: We reserve the right to modify pricing plans or introduce new fees at any time. Any such changes will be communicated in advance, and continued use of Content Vault after notification will constitute acceptance of the new pricing structure.
Free Trials: Content Vault may offer a free trial period to allow merchants to explore the app’s features. The length of the free trial and the features included will be detailed on the Shopify App Store at the time of installation. Once the free trial period expires, merchants will automatically be enrolled in the paid subscription plan unless the app is uninstalled before the trial period ends.
During the trial period, you agree to abide by these Terms of Service as if you were a paying subscriber. You can cancel the subscription at any time before the trial ends to avoid charges.
Refunds are at our sole discretion and will only be considered in cases of app malfunction, unless otherwise required by law. Merchants are responsible for canceling their subscription to avoid future charges.
8. Termination and Suspension of Service
Content Vault reserves the right to suspend or terminate service for any merchant who violates these Terms of Service or engages in fraudulent or unlawful activity. Upon termination, merchants must immediately cease using the app, and any active subscriptions created through Content Vault may be disabled.
Termination for Non-Payment: If subscription fees are not paid, we reserve the right to terminate or suspend access to Content Vault without notice. Merchants remain responsible for any outstanding fees owed up until the date of termination.
9. User Responsibilities
Merchants are responsible for ensuring that all subscriptions created using Content Vault comply with applicable laws, including consumer protection, false advertising, and e-commerce regulations. Merchants must review all subscriptions configurations for accuracy and legality before launching them on their Shopify store.
Content Vault provides a framework for offering subscriptions, but merchants assume full responsibility for the content and structure of the subscriptions offered, including any financial losses or legal claims that arise from their use.
10. Intellectual Property
All intellectual property rights related to Content Vault, including but not limited to software, code, design elements, logos, and trademarks, are the exclusive property of Content Vault. Merchants are granted a limited, non-transferable license to use Content Vault solely in connection with their Shopify store.
Any unauthorized reproduction, distribution, or modification of Content Vault is strictly prohibited and may result in legal action.
11. Data Collection and Privacy
Content Vault may collect data related to subscription usage, customer interactions, and store performance in order to provide insights and improve the service. Merchants are responsible for ensuring their store’s compliance with applicable privacy laws, including customer data collection and consent.
For more details on how we collect, store, and use your data, please refer to our Privacy Policy.
12. Third-Party Integrations
Content Vault integrates with third-party services, including Shopify and other apps within the Shopify ecosystem. We are not responsible for the performance or availability of third-party services, nor for any issues that may arise due to changes in third-party APIs, outages, or disruptions that affect Content Vault.
Merchants are responsible for ensuring the compatibility of their Shopify store and any third-party integrations with Content Vault.
13. Force Majeure
Content Vault is not liable for any delays, disruptions, or failures in performance due to circumstances beyond our control, including but not limited to natural disasters, internet outages, government regulations, or strikes. Merchants acknowledge that such events may affect the functionality of Content Vault and agree to hold us harmless during such periods.
14. Dispute Resolution
In the event of a dispute arising from these Terms of Service or the use of Content Vault, merchants agree to first attempt to resolve the issue through good-faith negotiations. If no resolution can be reached, disputes shall be resolved through binding arbitration in Ohio, United States, in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English, and each party shall bear its own costs and attorney’s fees unless otherwise required by law.
15. No Waiver
No failure or delay by Content Vault in exercising any right under these Terms of Service shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Content Vault to be effective.