Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant") and Fov Labs, a product division of Fovcommerce ("Fov Labs", "we", "us"), governing your use of the OffersMax Shopify application.
By installing OffersMax from the Shopify App Store or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If using the Service on behalf of a business, you represent that you have authority to bind that entity.
Service Description
OffersMax is a Shopify application that enables merchants to create and display upsell and cross-sell offers during the customer shopping journey. The Service includes:
- Product page upsell popup widgets
- Cart page cross-sell offer widgets
- Automatic checkout upsell widgets (Standard plan)
- Automated discount code creation via Shopify price rules
- Offer performance analytics dashboard
- Widget customization and branding tools
- Plan-based access management (Free and Standard plans)
We reserve the right to modify, update, or discontinue features of the Service with reasonable notice.
Account & Access
To use OffersMax, you must have a valid, active Shopify store. Your use is also subject to Shopify's own Terms of Service.
| Requirement | Details |
|---|---|
| Shopify Store | A valid, active Shopify store on any paid plan |
| Age | You must be at least 18 years old |
| Accurate Information | You must provide accurate store information during installation |
| Security | You are responsible for maintaining the security of your Shopify account |
| Compliance | Your use must comply with all applicable laws and Shopify's policies |
Billing & Payment
| Plan | Price | Billing | Features |
|---|---|---|---|
| Free | $0.00 USD | No charge โ forever free | 1 active offer, product page only, basic analytics |
| Standard | $5.00 USD/month | Every 30 days via Shopify Billing | Unlimited offers, all locations, full analytics |
- Billing through Shopify: All payments are processed exclusively through Shopify's billing system. We do not directly collect or store your payment information.
- Immediate charge: Charges begin immediately upon upgrading to Standard. There is no free trial period.
- No refunds: Subscription fees are non-refundable except where required by applicable law.
- Price changes: We reserve the right to change pricing with at least 30 days prior notice to active subscribers.
- Taxes: Prices are exclusive of applicable taxes.
Free Plan
The Free plan is provided at no cost with the following limitations:
- Maximum of 1 active offer at any time (unlimited offer creation)
- Product page widget only โ cart page and checkout widgets unavailable
- Limited cart behaviors (OffersMax Drawer and Direct Checkout only)
- Limited trigger types (All Products only)
- Basic analytics (views and clicks only)
Cancellation
You may cancel your Standard plan at any time through Shopify Admin โ Settings โ Apps โ OffersMax โ Cancel subscription.
- Standard plan access continues until the end of the current 30-day billing period
- Your account automatically reverts to the Free plan after cancellation
- Offers beyond the Free plan limit will be automatically paused โ not deleted
- You can reactivate paused offers by upgrading back to Standard
Uninstalling OffersMax will also cancel your subscription and result in deletion of all your data within 48 hours.
Acceptable Use
You agree NOT to use OffersMax to:
- Display misleading, fraudulent, deceptive, or illegal offers to your customers
- Promote products or services that violate Shopify's Acceptable Use Policy
- Reverse engineer, decompile, or derive the source code of OffersMax
- Gain unauthorized access to our systems, servers, or databases
- Violate any applicable local, national, or international laws or regulations
- Resell, sublicense, or transfer your right to access OffersMax to any third party
- Interfere with or disrupt the integrity or performance of the Service
We reserve the right to suspend or terminate your access if we determine you have violated these guidelines.
Intellectual Property
OffersMax and all associated content, features, functionality, design, and code are the exclusive property of Fov Labs (Fovcommerce) protected by applicable intellectual property laws.
| What We Own | What You Own |
|---|---|
| The OffersMax application code and software | Your store's data, products, and customer relationships |
| The OffersMax brand, logo, and name | Your offer configurations and creative content you create |
| Widget designs and UI components | Your store's branding and customizations applied to widgets |
| Analytics algorithms and processing logic | Analytics data generated by your store's use of the app |
You are granted a limited, non-exclusive, non-transferable license to use OffersMax solely for operating your Shopify store in accordance with these Terms.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR SPECIFIC BUSINESS OBJECTIVES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOV LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, OR DATA.
OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM, OR (B) $15.00 USD.
Indemnification
You agree to defend, indemnify, and hold harmless Fov Labs from and against any claims arising out of:
- Your use of or access to the Service
- Your violation of these Terms
- Your violation of any third-party rights
- The offers you create and display using OffersMax
- Any misleading or illegal content you promote through the Service
Modifications to Terms
We reserve the right to modify these Terms at any time. For material changes we will notify active merchants via the OffersMax dashboard with at least 30 days notice. Continued use of OffersMax after changes constitutes acceptance of the updated Terms.
Termination
Either party may terminate this agreement at any time. You may uninstall OffersMax from your Shopify Admin. We may suspend or terminate access immediately for Terms violations or fraudulent activity. Upon termination, your data is permanently deleted within 48 hours.
Governing Law & Disputes
These Terms shall be governed by the laws of India. Any disputes shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the courts located in India.
Contact Us
For questions about these Terms of Service:
Fov Labs โ Legal Team
A product division of Fovcommerce ยท We respond to all legal inquiries within 2 business days
โ business@fovcommerce.com
Developer: Fov Labs (a product division of Fovcommerce)
Location: India
App website: offersmax.fovcommerce.com
Privacy Policy: offersmax.fovcommerce.com/privacy