By accessing or using the App (as defined below), you are agreeing to be bound by these Shopify Collabs Terms of Service.
The following supplemental terms (the “Shopify Collabs Terms”) govern your access to and use of the Shopify Collabs application (“Shopify Collabs” or the “App”), and the Shopify Collabs services, and any associated website, software or product (collectively, the “Services”), and supplement, but do not amend the Shopify Merchant TOS (as defined below) or the Shopify PPA (as defined below) with Shopify. Any new features or tools added to the current Services will also be subject to these Shopify Collabs Terms. This document constitutes a legally binding agreement between you, as the user of the Services (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we,” “our,” “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.
The Services enable Shopify merchants (each, a “Merchant”) to build relationships with content creators through a creator management system, while allowing content creators registered with an account through the App (each, a “Creator”) to discover and manage partnerships with Merchants. For Merchants, the Shopify Terms of Service (the “Shopify Merchant TOS”) will apply to a Merchant’s use of the Services and is hereby incorporated by reference. To the extent of a conflict, the Shopify Collab Terms govern. For Creators, the Shopify Partner Program Agreement (the “Shopify PPA”) will apply to a Creator’s use of the Services and is hereby incorporated by reference. To the extent of a conflict, the Shopify Collabs Terms govern.
Your use of the App and the Services may be subject to additional terms, policies, guidelines, limits, or disclaimers we make available to you, including in our help documentation (such as the Shopify Collabs Community Guidelines (“Community Guidelines”)) or within the App, the Services, or our website. Each is incorporated by reference into these Shopify Collabs Terms, and you agree to them by using the App or the Services.
We may update the Shopify Collabs Terms at any time by posting the revised terms. Changes are effective when posted. Your continued use of the Services after changes are posted means you accept the updated terms. If you do not agree to the Shopify Collabs Terms, including any updates, do not use the Services.
1. General Conditions
You must not reproduce, duplicate, copy, download, distribute, display, sell, resell, or exploit any portion of the Services, or use of the Services, except (i) as expressly authorized by the Services or these Shopify Collabs Terms, or (ii) with our express prior written permission and, if applicable, the respective rights holders.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You must not access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
2. Shopify Rights
We reserve the right, in our sole discretion:
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to modify, discontinue or terminate the Services, or terminate your access to the Services, or any part thereof, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuation or termination of the Services or any part thereof, or the termination of your access to the Services.
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to limit the availability of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
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at any time and without notice, change, or refuse or remove, any information, material or content contained on, provided through, or available via the App or the Services.
3. Privacy and Data Protection
By creating a Shopify Collabs account or using the Services, you agree that any personal information you provide to Shopify or that Shopify collects in connection with the Services is subject to Shopify’s Privacy Policy.
You must not collect or harvest any personal data of any other user of Shopify Collabs without the prior express consent of such other user and in compliance with applicable laws and regulations. When you access another user's personal information through the App or the Services, it is your responsibility to protect that personal information and to process it safely and securely in accordance with applicable laws and any other terms governing other Shopify services you use.
4. Relationship between Merchant and Creator
The App and the Services facilitate discovery, connection and management of affiliate marketing relationships between Merchants and Creators. The terms and conditions of any Merchant’s affiliate marketing program (each referred to herein as a “Program”) will be determined by such Merchant or, if a Merchant approves a Creator to participate in the Merchant’s Program, Merchant and Creator may separately enter into an agreement on such terms and conditions as may be agreed to between such Merchant and Creator (any such terms and conditions relating to a Program are collectively referred to herein as the “Program Agreement”).
Shopify is under no circumstance a party to the Program Agreement and will not incur any liability or assume any obligation in connection therewith, and Shopify will in no way be responsible for the performance of either Merchant or Creator in connection with any Program or Program Agreement, except as expressly set out in these Shopify Collabs Terms. Any agreement made between Merchant and Creator, including through the App or the Services, is directly between Merchant and Creator.
Shopify does not make any representations or warranties of any kind in respect of any Merchant, Creator, Program or Program Agreement. You are responsible for, as applicable, managing, inspecting, accepting and providing any services, deliverables or payments under any Program Agreement into which you may enter in accordance with the terms and conditions thereof.
Payments
Merchant will be solely responsible for paying Creators any commissions or other amounts associated with, related to or arising from or in connection with your use of the App or the Services, or any Program or Program Agreement, or otherwise accruing from the relationship or dealings between Merchant and Creator (collectively, the “Commissions”). Shopify will not be responsible to pay any Commissions and will not incur any liability for any non-payment by Merchant for services rendered by Creator.
Creators are responsible for all applicable taxes that arise from or as a result Creator’s relationship with a Merchant and payment of Commissions by Merchant to Creator. Creator is responsible for determining if taxes are payable in respect of a Creator transaction with a Merchant and, if applicable taxes are not collected by Shopify, self-remitting taxes to the appropriate tax authorities.
All commission payments through the App or the Services will be paid and must be made using means of payment that we may approve and enable as set out in the Pay creators on Collabs article.
5. Your Content
You are fully and solely responsible for any posts, Information (as defined below) or other content you create, submit, transmit, link to, publish, upload, display or otherwise make available on, through or in connection with the App or the Services, including anything you provide to other users of the App, whether publicly posted or privately transmitted (collectively, your “User Content”). “Information” means your trademarks, copyright content, any products or services you (if Merchant) sell through Shopify’s services (including descriptions and prices), and any photos, images, graphics, links, text, content, materials, information or other data provided by you or on your behalf to Shopify Collabs or the Services. You are responsible for your User Content, including its legality, reliability and appropriateness, and you assume all risks and liability associated with your submission of your User Content. You further represent and warrant that: (i) your User Content complies with all applicable laws and these Shopify Collabs Terms; (ii) you have all necessary rights and licenses required to upload, use, display and distribute the User Content; (iii) your User Content does not infringe upon, violate or misappropriate any third party intellectual property, privacy or publicity rights, or moral rights; and (iv) you will comply with the terms of use relating to any applicable Third Party Service (defined below).
Moreover, Shopify reserves the right to remove and permanently delete any User Content from the App without notice and for any reason at any time. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
6. Third Party Services
The App may reference or provide links to the sites of certain other companies or businesses (“Third Party Provider(s)”), including, but not limited to, certain Social Platforms (as defined below) (“Third Party Services”), but such does not constitute or imply an endorsement, authorization, sponsorship or affiliation by or with Shopify. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Third Party Services or the content of their websites. Shopify does not assume any responsibility or liability for the actions, products, content or any other transactions associated with any Third Party Services. It is your responsibility to ensure that you are familiar with and approve of the terms, policies and practices relating to such Third Party Services. Complaints, claims, concerns, or questions regarding Third Party Services should be directed to such third parties.
You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their sites. Shopify is not responsible for how Third Party Services collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information.
Shopify Collabs may collect and use authorized data from Third Party Providers of social platforms, such as YouTube, Google, Facebook, Instagram, TikTok, Twitter, and other platforms (collectively, the “Social Platforms”). Such data may be collected and stored as needed to enable the Services. For more information about and requirements connecting your Shopify Collabs account to Social Platforms, see the Set Up Shopify Collabs article.
You are responsible for all actions taken and omissions made through or in connection with your account, and all activity and Information, including all data uploaded, collected, generated, stored, displayed, saved, distributed, transmitted or exhibited on or in relation to your account.
8. Independent Contractors
The parties to these Shopify Collabs Terms are independent contractors. Except as expressly stated in these Shopify Collabs Terms, neither Shopify nor any of its Affiliates is an agent, representative or related entity of any Merchant or Creator. Neither Shopify nor you will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other party, except where you expressly authorize Shopify to act on your behalf in these Shopify Collabs Terms. These Shopify Collabs Terms will not be interpreted or construed as creating any association, agency, joint venture or partnership between Shopify, on the one hand, and you, on the other, or to impose any liability attributable to such relationship upon either you or us.
9. Intellectual Property
Shopify owns Shopify Collabs, including all worldwide intellectual property rights in the App and the Services, and the content, trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, rent, lease, sell, distribute, transmit, or otherwise use any part of the App or the Services or create any derivative works based on the App or the Services or any information, data or other content contained or incorporated therein. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App or the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Shopify Collabs Terms grants you any right to use any trademark, service mark, logo, or trade name of Shopify or any third party.
The App and all software, data and technologies embodied in or used to provide the Services, including any data and information other than any user Information, and all intellectual property rights in or relating to any of the foregoing, is owned by Shopify. We grant to you only the rights and licenses expressly stated in these Shopify Collabs Terms, and you receive no other rights or licenses with respect to Shopify, Shopify Collabs, the Services, or any other property or right of ours. Your use of the App or the Services does not give you ownership of or right to any aspect of the App or the Services, or to any other person’s Information in the App.
You retain all right, title and interest in any Information that you provide, submit, load, transmit or enter through the App or Services or that we collect from third parties with your permission, and you are legally responsible for the Information you submit to the App and Services. Subject to these Shopify Collabs Terms, you grant Shopify a perpetual, transferable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store, use, copy, distribute, transmit, display, and broadcast any such Information on, through or in connection with the App and the Services for any purpose and in any medium. We may use our rights under this license to operate, provide, and promote the App and Services, and to perform our obligations and exercise our rights under these Shopify Collabs Terms. You represent, warrant, and agree that you have all necessary rights in the Information to grant this license.
You do not have any rights or permissions to make use of the Information of another Shopify Collabs user independent of the Services other than as expressly authorized by such other user.
10. Indemnification
You agree to indemnify, defend and hold harmless Shopify, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, resulting, whether directly or indirectly, from any aspect of the relationship between Merchant and Creator, including but not limited to payment of Commissions.
We undertake no obligation to update, amend or clarify information in the App or the Services or in any related application, website, product or service, except as required by law.
12. Term and Termination
These Shopify Collabs Terms are effective as of the day you first use the Services and will continue in force unless and until terminated by either you or us. Your access to and use of Shopify Collabs may be suspended or terminated in accordance with the Shopify Merchant TOS or Shopify PPA, as applicable to you.
13. Entire Agreement
These Shopify Collabs Terms, including any terms, agreements, policies or operating rules incorporated into these Shopify Collabs Terms or posted by us in respect to the Services, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Shopify Collabs Terms).
Questions about these Terms of Service should be sent to us at collabs@shopify.com.