Merchant Agreement

Upon signing up with Shopify as a Shopify User-Merchant and creating an account with APPSOLVE to use our Services, or by using any Square Apps Services (as defined below), you agree to be bound by this Merchant Agreement. This Agreement consists of these General Terms and the following terms and conditions applicable to the legal relationship between Appsolve and Shopify Merchants:

• Terms of Service (Terms of Use regarding Square Apps Services)
• Privacy Policy (Data Privacy Notice)
• Data Processing Agreement (between Appsolve and Shopify Merchants)

These documents are available on the Appsolve website (www.square-apps.com) and are incorporated into the Merchant Agreement by reference. They may be updated from time to time.

For the purposes of this Agreement,

• “we,” “us,” “our,” “Appsolve,” “Square,” and “Square Apps” refer to APPSOLVE SRL, a company headquartered at Bogdan Voda 14, Bucharest 010936, Romania (legal@square-apps.com), registered with the Bucharest Trade Registry under no. J40/16347/2017, with sole identification code RO38260784.
• “you” or “Merchant” refers to the Merchant under the Shopify Terms of Service, either the Shopify User (if registering for or using a Shopify Service as an individual), or the business employing the Shopify User (if registering for or using a Shopify Service as a business), and any of its affiliates.

You must read, agree with, and accept all terms and conditions contained or expressly referenced in this Merchant Agreement before using any Square Apps Service.

This Agreement becomes effective (the “Effective Date”) when you create an account and/or click on the “Install” button to use any Square Apps Services. APPSOLVE and the Merchant are sometimes referred to individually as a “Party” and collectively as the “Parties.”

By clicking the “Install” button when you create a Merchant account and/or by using the Square Apps Services, you represent that:

1. You have read, understand, and agree to be bound by the terms of this Merchant Agreement.
2. You have the authority to enter into this Agreement on behalf of the entity you represent and that is using Square Apps Services and to bind that entity to this Agreement.

If you do not accept or understand this Agreement, you may not register for or use Square Apps Services.

Additionally, by using Square Apps Services on Shopify, you agree to comply with all Shopify terms and conditions, including Shopify's Acceptable Use Policy ("AUP"), Privacy Policy, and if applicable, the Supplementary Terms of Service for E.U. Merchants ("EU Terms"), the Shopify API License and Terms of Use ("API Terms"), and the Shopify Data Processing Addendum ("DPA"). Capitalized terms not defined herein will have the meaning defined in Shopify's applicable terms and conditions.

Without affecting the provisions of these General Terms, Terms of Service, Privacy Policy, Cookie Policy, and/or the Data Processing Agreement between Appsolve and Shopify Merchants, the Parties agree to the following:

1. Eligibility Criteria for Merchant Acceptance

To use the Services, you must have created an account with Shopify and established an online store. You must legally represent a business entity or operate within the scope of a legally organized economic activity and be 18 years or older.

2. Square Apps Services

The Services covered by this Merchant Agreement may include any of the products and/or services available from Square Apps on Shopify, such as:

• Sticky Add to Cart Bar
• And any other products/services made available by Square Apps on Shopify.

This document will be updated as more Square Apps and Services are developed and made available.

3. Warranties and Limitation of Liability Special Terms

Without affecting the warranties and liability limitations in the Terms of Service, the Parties agree that:

• Merchants cannot hold Shopify responsible for the Application; responsibility is governed by the Terms of Service.
• Shopify is not liable for any fault in the Application or any harm resulting from its installation and use.
• Except where expressly stated by Shopify, Shopify cannot assist with the Application's installation and use.
• Appsolve’s liability for any issues arising from a Merchant’s access to or use of the Application, including
  • development, use, marketing, or distribution of the Application, or
  • Appsolve’s access, use, distribution, or storage of Merchant Data shall be claimed according to and within the limits of the Terms of Service.

Merchants are solely responsible for their store content, the use of cookies in relation to their store, and the processing of personal data belonging to their customers, including when using Square Apps Services.

4. Remedies in the Event of Non-Payment by Merchant for Square Apps Services

Square Apps may suspend the Service or terminate the Agreement without notice, court intervention, or additional diligence in the event of non-payment.

Remedies for non-payment may also include withholding the transfer of ownership of the Development Store or Merchant Store to the Merchant, which Shopify may enforce at its sole discretion.

5. Final Provisions

• No agency, partnership, joint venture, or employment is created as a result of this Agreement, and the Merchant does not have any authority to bind Appsolve in any respect.
• All notices under this Agreement will be in writing, typically through the Merchant Portal or by email to the addresses specified in the Merchant Account and this Agreement.
• Sections of this Agreement that should survive termination, including accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability, will continue beyond termination.
• Appsolve reserves the right to change these General Terms, as well as the Terms of Service, Privacy Policy, Cookie Policy, and/or Data Processing Agreement, at any time. The Merchant can access the updated terms via the relevant link on the Appsolve site Square Apps.co. Using the Services after the changes become effective signifies the Merchant's acceptance of the new terms. If the Merchant does not agree with the changes, they must stop using the Services before the changes take effect.

If you have any questions about the Merchant Agreement, please email us at legal@square-apps.com