Terms of Service

Last Updated: December 17, 2024

These Terms of Service ("Terms") govern your use of our Shopify application (the "App"). By installing and using the App, you ("Merchant," "you," or "your") agree to be bound by these Terms. Please read them carefully. If you do not agree with these Terms, do not use the App.

1. Acceptance of Terms

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein. These Terms constitute a legally binding agreement between you and InstaConnect/Opentech.

2. Description of the App

The App is a Shopify application that allows merchants to display their Instagram feeds on their Shopify stores. It connects to your Instagram account via the Instagram API to retrieve your feed data for display.

3. Account and Registration

To use the App, you may need to create an account or use your existing Shopify store account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Responsibilities

  • Compliance with Laws: You agree to use the App in compliance with all applicable laws, regulations, and third-party terms, including those of Shopify and Instagram.

  • Content: You are solely responsible for the content of your Instagram feeds displayed through the App and must ensure that it does not violate any third-party rights, is not offensive, illegal, or otherwise objectionable.

  • No Malicious Use: You agree not to use the App for any malicious or fraudulent purpose.

  • App Functioning: You understand that the App relies on the Instagram API and that changes to this API may affect the App's functionality.

  • Account Usage: You agree to use the app only for your legitimate business purposes.

5. Intellectual Property

All intellectual property rights in the App, including but not limited to the software, design, and trademarks, belong to [App Name/Company Name] or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the App solely for its intended purpose. You may not copy, modify, distribute, sell, or lease any part of the App.

6. Third-Party Services

The App integrates with the Instagram API. Your use of the Instagram API is governed by Instagram's terms and policies. We are not responsible for the actions or inactions of Instagram or any other third-party services.

7. Data and Privacy

Our collection and use of your data are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection and use of your data as described in our Privacy Policy.

8. App Usage and Availability

We strive to keep the App operational, but we do not guarantee uninterrupted access. We may temporarily suspend access for maintenance or other reasons. Furthermore, we are not liable for any losses arising from temporary unavailability of the App.

9. Fees and Payment

The App is offered with both free and paid plans, each with different features and limitations:

  • Free Plan: Our App offers a free plan that provides limited access to features and functionality as defined by us. The free plan is provided at no cost, but may include limitations.

  • Paid Plans: Our App also offers several paid subscription plans with expanded features and functionality. The specific features and benefits of each paid plan, as well as the associated subscription fees, will be as specified on the Shopify App Store listing or within the App itself.

  • Subscription Fees: You agree to pay all applicable subscription fees for your chosen paid plan in a timely manner. Subscription fees will be charged according to the billing frequency you selected when subscribing.

  • Changes to Plans and Pricing: We reserve the right to change or discontinue the features associated with any plan, and to change our pricing at any time with reasonable notice. If changes to the pricing occur, you will be notified, and you will be able to cancel your subscription before the pricing is changed.

  • Payment Methods: Payments for paid plans will be processed through the Shopify payment system. You agree to abide by any payment processing terms required by Shopify.

  • Suspension of Access: If payment for your chosen paid plan is not received by the due date, your access to the paid features may be suspended or terminated. You will be notified by email, and will be able to pay any outstanding fees to resume the subscription.

  • Trials: We may offer trial periods for paid plans. At the end of the trial period, the subscription will automatically convert to a paid subscription, unless you cancel before the end of the trial period.

10. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis, without any warranties, expressed or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be error-free, uninterrupted, or that it will meet your specific requirements.

11. Limitation of Liability

In no event shall InstaConnect/Opentech be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages. Our liability shall not exceed the amount you paid for the App during the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless InstaConnect/Opentech from and against any claims, damages, liabilities, costs, and expenses arising out of your use of the App or your violation of these Terms.

13. Termination

We may terminate your access to the App at any time, with or without cause. You may also terminate your use of the App at any time. Upon termination, your rights to use the App will immediately cease.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will post any changes on our website and/or on the Shopify App Store. It is your responsibility to review these Terms periodically. Your continued use of the App after changes to the Terms are posted indicates your acceptance of the modified Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at: team@lccopen.tech

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