Terms of Service

These Terms of Service (hereinafter, "the Terms") govern access to and use of the LivyApps technology platform (hereinafter, "the Service"), operated by PROMOTTY FIDELITY ES SL (hereinafter, "Livy"). By accessing, registering for, or using the Service, the merchant (hereinafter, "the Merchant" or "you") agrees to be bound by these Terms. If you do not agree, you must not use the Service.

1. Service Description

LivyApps is a customer loyalty platform for Shopify stores that includes, among other features, a points system, subscriber acquisition, abandoned cart recovery, and customer win-back. The features available depend on the subscribed plan.

The Service is provided on a subscription basis and is available exclusively to merchants with an active Shopify store. Livy reserves the right to modify, expand, or reduce the Service's features with reasonable prior notice.

2. Registration and Account

To access the Service, the Merchant must register through the Shopify App Store and provide accurate and complete information. The Merchant is responsible for maintaining the confidentiality of their login credentials and for all activities carried out from their account.

Livy reserves the right to suspend or cancel accounts where false information, fraudulent use, or breach of these Terms is detected.

3. Plans, Billing, and Payments

The Service is offered in different subscription plans, with prices and features described at livyapps.com/pricing. Charges are processed monthly or annually through Shopify, depending on the selected plan, once the free trial period ends.

All prices are stated in US dollars (USD) and exclude applicable taxes. The Merchant is responsible for paying any taxes applicable in their jurisdiction.

Livy may modify plan pricing with a minimum of 30 days' notice. Merchants on the Founder plan retain their locked-in price for as long as they keep their subscription active.

4. Free Trial and Auto-Renewal

Plans include a 14-day free trial. No charges will be made during the trial period. At the end of the trial, the subscription will automatically activate and billing will begin according to the selected plan.

The subscription renews automatically at the end of each billing period (monthly or annual) unless the Merchant cancels it at least 24 hours before the renewal date.

5. Refund Policy

Livy does not offer refunds except in the following cases: (i) monthly subscriptions cancelled within the first 7 days of the billing period; (ii) annual subscriptions cancelled within the first 30 days of the billing period.

Outside these windows, all payments are final and non-refundable. Upon cancellation, the Merchant retains access to the Service until the end of the paid period.

6. Intellectual Property

Livy holds all intellectual and industrial property rights over the platform, including its code, design, brand, logos, and documentation. The Merchant receives a limited, non-exclusive, non-transferable, revocable licence to use the Service for the duration of their subscription.

Any reproduction, distribution, reverse engineering, or unauthorised use of Service elements is prohibited.

7. Merchant Content

The Merchant retains ownership of all data, content, and information they upload or generate through the Service (hereinafter, "Merchant Content"). By using the Service, the Merchant grants Livy a limited licence to process that content solely for the purpose of providing and improving the Service.

Livy will not sell Merchant Content or share it with third parties except as strictly necessary to provide the Service or as required by law.

8. Data and Privacy

With respect to the personal data of the Merchant's end customers processed through the Service, the Merchant acts as data controller and Livy acts as data processor in accordance with Article 28 of the GDPR. The Merchant is responsible for obtaining all necessary consents from their end customers and for complying with applicable data protection law.

Data processing is governed by the LivyApps Privacy Policy, available at livyapps.com/privacy.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Livy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or business interruption, arising from the use or inability to use the Service.

Livy's total and cumulative liability to the Merchant, on any basis arising from these Terms, shall not exceed the lower of: (i) 100 USD; and (ii) the fees actually paid by the Merchant in the month immediately preceding the event giving rise to the claim.

10. Termination and Suspension

The Merchant may cancel their subscription at any time from the Shopify admin panel. Cancellation takes effect at the end of the current billing period.

Livy may immediately suspend or cancel access to the Service in the event of a breach of these Terms, non-payment, fraudulent use, or any activity that threatens the security or integrity of the Service.

11. Data Export After Cancellation

Following cancellation of the subscription, the Merchant will have 48 hours to export their customer data (names, accumulated points, activity history) from the admin panel. After that period, Livy will delete the Merchant's data in accordance with its Privacy Policy.

12. Modifications to the Terms

Livy reserves the right to modify these Terms at any time. Changes will be communicated to the Merchant at least 30 days in advance via email or a notice in the admin panel. Continued use of the Service after the changes take effect constitutes acceptance.

13. Applicable Law and Jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the courts of Málaga, unless applicable law provides otherwise.