Terms of Service
These Terms of Service ("Terms") govern your access to and use of the applications, services, and websites operated by KazamApps ("KazamApps," "we," "us," or "our"), including Kazam Cart Drawer and other apps in the KazamApps suite (each, an "App," and collectively, the "Apps"), and our website at kazamapps.com (the "Website") (collectively, the "Services").
By installing, accessing, or using our Services, you agree to these Terms. If you do not agree, do not use our Services.
1. Eligibility and Account
To use our Services, you must:
-
Be at least 18 years old
-
Have an active Shopify merchant account
-
Have authority to bind the business or entity you represent
-
Comply with Shopify's own Terms of Service and Acceptable Use Policy
Your ability to use our Apps depends on maintaining a valid Shopify account.
If your Shopify account is terminated for any reason, your access to our Apps will end as well.
2. License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use our Apps on Shopify stores you own or are authorized to manage.
You may not:
-
Reverse engineer, decompile, or attempt to extract source code from our Apps
-
Resell, sublicense, or redistribute our Apps or any part of them
-
Modify, adapt, or create derivative works based on our Apps
-
Use our Apps in any way that violates Shopify's Terms of Service or applicable law
-
Use our Apps to harass, harm, defraud, or violate the rights of any person
-
Attempt to gain unauthorized access to our systems or other merchants' data
-
Use automated tools to scrape, copy, or extract content from our Apps or Website beyond normal browser usage
3. Free and Paid Services
4.1. Free Tier
Our Apps are currently offered free of charge. You can install and use the full set of features described in our App Store listing without payment.
4.2. Future Paid Features
We reserve the right to introduce paid plans or premium features in the future. If we do:
-
Existing free features available at the time you installed the App will remain free for your continued use, unless we provide reasonable advance notice of changes.
-
Any paid plans will be processed exclusively through Shopify's Billing API, in accordance with Shopify's requirements for App Store apps.
-
You will be clearly notified of any pricing before being charged.
4.3. Free Trials and Promotions
If we offer trial periods or promotional pricing in the future, those terms will be disclosed at the time of offer.
4. Your Responsibilities
You are responsible for:
-
Your Shopify store and content. We do not own, control, or take responsibility for the products, customer data, or business operations of your Shopify store.
-
Your settings and configurations. You configure how our Apps appear and function on your storefront. We are not responsible for outcomes resulting from your configurations (e.g., a promotion you set up not behaving as you expected).
-
Compliance with applicable laws. This includes consumer protection laws, advertising regulations, tax obligations, and privacy laws relevant to your business and your customers.
-
Your customers' experience. Our App is a tool. You are responsible for ensuring it serves your customers fairly and lawfully.
-
Backups and data integrity. While we take reasonable care of your data, you are responsible for maintaining your own records of important configurations and information.
5. Promotions, Discounts, and Reward Tiers
Our Apps include features that display promotional progress, free shipping thresholds, discount tiers, and similar conversion-focused elements. Please note:
-
The visual progress and messaging shown by our App is informational. The actual application of discounts, free shipping, or free gifts at checkout is governed by Shopify's discount engine, which you must configure separately in your Shopify admin.
-
You are solely responsible for ensuring that the rewards advertised in our App match what's actually applied at checkout. We strongly recommend testing all promotions with a real test order before going live.
-
We are not responsible for any losses, customer complaints, refunds, or chargebacks arising from misalignment between what your App displays and what your Shopify discounts apply.
6. Service Availability
We provide our Services on an "as is" and "as available" basis. We do not guarantee:
-
Uninterrupted or error-free operation
-
That our Services will meet your specific business needs
-
Compatibility with every Shopify theme, third-party app, or browser
-
Specific results, including increases in sales, conversion rates, or revenue
We may suspend or modify the Services at any time for maintenance, security, or other operational reasons.
We will use reasonable efforts to provide advance notice of material changes.
7. Intellectual Property
7.1. Our IP
All intellectual property in our Apps, Services, Website, and related materials — including code, design, logos, text, branding, and documentation — is owned by KazamApps or our licensors. These Terms do not transfer any ownership of our intellectual property to you.
7.2. Your IP
You retain ownership of all content you provide to our Apps, including your products, images, brand assets, and configurations. By using our Apps, you grant us a limited license to display, store, and process this content as necessary to provide the Services.
7.3. Feedback
If you provide feedback, suggestions, or feature requests, you grant us the right to use them without compensation or attribution to improve our Services.
8. Third-Party Services
Our Apps integrate with third-party services, including Shopify, Fly.io, Crisp, and Wix. Your use of these services is subject to their own terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services.
9. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade usage.
We do not warrant that:
-
The Services will be uninterrupted, timely, secure, or error-free
-
The results of using the Services will meet your business expectations
-
Defects will be corrected
-
The Services or servers are free of viruses or harmful components
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
-
We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising from your use of our Services.
-
Our total aggregate liability to you for any claim arising from these Terms or your use of the Services shall not exceed the greater of (a) the total amount you have paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars (USD $100).
-
These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow these limitations, so they may not apply to you in full. Nothing in these Terms limits our liability for fraud, gross negligence, or any liability that cannot be limited under applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless KazamApps, its operator, and its affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
-
Your breach of these Terms
-
Your use of the Services in violation of any law or third-party right
-
Content or configurations you provide through our Apps
-
Disputes between you and your customers, including disputes about discounts, promotions, or fulfillment
12. Termination
12.1. By You
You may stop using our Services at any time by uninstalling our Apps from your Shopify store. Within 48 hours, all data associated with your store will be deleted from our systems via Shopify's shop/redact webhook.
12.2. By Us
We may suspend or terminate your access to our Services at any time, with or without notice, if:
-
You violate these Terms
-
You misuse our Services or harm other users
-
Your Shopify account is terminated
-
Required by law
-
We discontinue the Services (with reasonable advance notice for material discontinuations)
Upon termination, the license granted under Section 3 ends. Sections 5, 8, 10, 11, 12, 13, and 14 survive termination.
13. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Israel, without regard to conflict-of-laws principles.
Any dispute arising from these Terms or your use of the Services will be resolved exclusively in the competent courts of Tel Aviv, Israel.
You waive any objection to the personal jurisdiction or venue of these courts. This Section does not deprive you of any mandatory consumer rights you may have under the law of your country of residence.
14. Changes to These Terms
We may update these Terms from time to time. When we do:
-
We will update the "Last Updated" date at the top
-
We will post the new Terms on our Website
-
For material changes, we will notify active merchants via email or in-app notification
Your continued use of the Services after changes constitutes acceptance of the new Terms. If you do not agree, you must stop using the Services.
15. Miscellaneous
-
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and KazamApps regarding the Services.
-
Severability. If any provision of these Terms is found unenforceable, the rest remain in effect.
-
Waiver. Our failure to enforce any right does not waive that right in the future.
-
Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
-
Force majeure. We are not liable for delays or failures caused by circumstances beyond our reasonable control, including internet outages, natural disasters, or governmental actions.
-
Relationship. These Terms do not create a partnership, joint venture, or employment relationship between us.
-
Notices. We may send notices to you at the email address associated with your Shopify account. You may send notices to us at support@kazamapps.com.
16. Contact Us
For questions about these Terms, contact us at:
Email: support@kazamapps.com Subject line: Terms of Service Inquiry
By installing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.