Terms and Conditions

Effective date: January 1, 2024

These Terms of Service, together with TinyBackup’s Privacy Policy, Security Policy, and Data Processing Addendum (collectively, the “Agreement”), govern access to and use of the TinyBackup Shopify application and related services (the “Service”). By installing, accessing, or using the Service, you agree to this Agreement.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to this Agreement. If you do not have that authority, do not use the Service.

1. The Service

1.1 Description

TinyBackup provides an automated Shopify data backup, restore, and change-tracking service. After installation, TinyBackup connects to your Shopify store via Shopify APIs and webhooks to back up store data and maintain a history of changes. Backups may be created automatically and may also be triggered by store events.

TinyBackup stores backup versions so you can restore data to your Shopify store. Restore options may include restoring specific items or restoring in bulk, depending on the features available in your selected plan.

Your use of Shopify is governed by Shopify’s own terms and policies. TinyBackup is not responsible for Shopify services, outages, or actions taken by Shopify.

1.2 License and access

Subject to this Agreement and payment of applicable fees, TinyBackup grants you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business use with your Shopify store.

1.3 Changes to the Service

TinyBackup may update, modify, or discontinue parts of the Service. If a change materially reduces core functionality, TinyBackup may provide notice through the Service or other reasonable means.

2. Subscriptions, billing, and cancellation

2.1 Subscription term

The Service is provided on a subscription basis, based on the plan you select. Plan details and limits are described on the pricing or plan page.

2.2 Trials and renewal

If you start a trial, billing (if applicable) begins at the end of the trial unless you cancel before the trial ends. Paid subscriptions may renew automatically unless canceled. You can cancel by uninstalling the app or by canceling through the Shopify billing flow, depending on how the subscription is managed.

2.3 Fees and payment

Fees are billed through Shopify, unless stated otherwise. You are responsible for taxes, duties, or similar governmental assessments, if any apply.

2.4 No refunds

Fees are non-refundable except where required by applicable law or where Shopify billing rules require otherwise.

2.5 Suspension

TinyBackup may suspend access to the Service if:

  • fees are past due (as permitted by Shopify billing rules),
  • you exceed plan limits,
  • you breach this Agreement, or
  • suspension is needed to address a security risk, abuse, or legal requirement.

3. Your responsibilities

3.1 Account security

You are responsible for maintaining the security of your Shopify account and access credentials. You must promptly notify TinyBackup if you suspect unauthorized access related to the Service.

3.2 Compliance with law

You must use the Service in compliance with applicable laws and regulations. You must not use the Service for unlawful, deceptive, or harmful activities.

3.3 Acceptable use

You must not, and must not allow others to:

  • attempt to access non-public areas of the Service or its systems,
  • reverse engineer, decompile, or attempt to derive source code from the Service (except where prohibited by law),
  • interfere with or disrupt the Service, including by bypassing plan limits or imposing unreasonable load,
  • use the Service to build or operate a competing product using TinyBackup’s confidential or proprietary information,
  • introduce malware or other harmful code,
  • remove or obscure proprietary notices in the Service.

3.4 Third-party apps

If you use third-party services or apps with your Shopify store, TinyBackup is not responsible for those third parties’ actions, including their access to store data.

4. Customer data and data protection

4.1 Your instructions

You instruct TinyBackup to process store data to provide backup, restore, and change-tracking services. TinyBackup processes data as described in this Agreement and the Data Processing Addendum (DPA).

4.2 Data security

TinyBackup implements technical and organizational measures designed to protect data, which may include encryption in transit and at rest, access controls, and monitoring. More details may be described in the Security Policy.

4.3 Data retention and deletion

Retention depends on your plan configuration and Service settings. Upon uninstall or termination, TinyBackup deletes backup data within a reasonable period, unless:

  • you request earlier deletion (where supported), or
  • retention is required by law.

4.4 DPA

Where TinyBackup processes Personal Data on your behalf, the Data Processing Addendum applies. You can review the DPA here.

5. Confidentiality

Each party may receive the other party’s confidential information. The receiving party will protect it using reasonable care and will not use it except to perform obligations or exercise rights under this Agreement.

6. Intellectual property

TinyBackup retains all rights, title, and interest in the Service, including software, documentation, and branding. You retain rights in your store data. No rights are granted except as expressly stated in this Agreement.

7. Beta features

TinyBackup may offer beta or preview features. Beta features may change, may be unavailable, and may not be supported. TinyBackup may limit or end beta features at any time.

8. Term and termination

8.1 Term

This Agreement remains in effect while you use the Service and until it is terminated.

8.2 Termination

You may terminate by uninstalling the app or canceling through Shopify billing (as applicable). TinyBackup may terminate or suspend access if you materially breach this Agreement, if required by law, or to address security or abuse.

8.3 Effect of termination

Upon termination, your right to access the Service ends. Backup data deletion follows the retention and deletion terms above and any applicable DPA terms.

9. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, TinyBackup disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. TinyBackup does not guarantee that backups or restores will be successful in all cases, including where Shopify limitations or third-party actions affect store data.

10. Limitation of liability

To the maximum extent permitted by law, TinyBackup will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, arising from or related to the Service.

To the maximum extent permitted by law, TinyBackup’s total liability for claims relating to the Service is limited to the fees paid for the Service in the [12] months before the event giving rise to the claim, unless applicable law requires a different limit.

11. Indemnification

You will indemnify and hold TinyBackup harmless from third-party claims arising from your unlawful use of the Service or your breach of this Agreement, to the extent permitted by law.

12. Disputes

If a dispute arises, the parties will try to resolve it in good faith. If not resolved, disputes will be handled under the governing law and forum listed below, unless applicable law requires otherwise.

13. Changes to this Agreement

TinyBackup may update this Agreement from time to time. The updated version will be posted with a new effective date. Your continued use of the Service after the effective date means you accept the updated Agreement.

14. Governing law

This Agreement is governed by the laws of [insert jurisdiction], without regard to conflict of law principles.

15. Contact

If you have questions about this Agreement, contact: [email protected]