Terms and Conditions

1. Overview

ShowPics is a Shopify application that allows Shopify merchants ("you" or "Merchant") to connect their Instagram and/or Facebook accounts and display Instagram content as customizable gallery widgets on their Shopify storefront. The App includes features such as automatic content syncing, product tagging, AI-powered image categorization, and optimized media delivery.

2. Eligibility

To use the App, you must:

• Have an active Shopify store with a valid Shopify plan.
• Be at least 18 years of age or the age of majority in your jurisdiction.
• Have the authority to bind yourself or your business to these Terms.
• Own or have authorization to use the Instagram and/or Facebook accounts you connect to the App.
• Comply with Shopify's Terms of Service, Meta's Platform Terms, Instagram's Terms of Use, and all applicable laws.

3. Account and Access

3.1 Installation

The App is installed through the Shopify App Store. Upon installation, the App requests access to certain Shopify store data as described in our Privacy Policy.

3.2 Social Account Connection

To use the App's core features, you must connect at least one Instagram or Facebook account. By connecting your account, you authorize us to access your profile information, media content, and related data through Meta's APIs as described in our Privacy Policy.

3.3 Account Security

You are responsible for maintaining the security of your Shopify store, Instagram, and Facebook accounts. You agree to notify us immediately if you become aware of any unauthorized access to or use of the App.

4. Use of the App

4.1 Permitted Use

You may use the App to:

• Display your own Instagram content on your Shopify storefront.
• Configure and customize gallery widgets.
• Tag Shopify products on your Instagram media.
• Use AI-powered search and categorization features for your content.
• Set up automatic content syncing between Instagram and your storefront.

4.2 Prohibited Use

You agree not to:

• Use the App to display content you do not own or have the right to use.
• Use the App to infringe on the intellectual property rights of any third party.
• Attempt to reverse engineer, decompile, or disassemble the App.
• Use the App to collect, store, or process personal data of your store's visitors beyond what is necessary for the App's functionality.
• Use the App in any way that violates Shopify's Terms of Service, Meta's Platform Terms, or any applicable law.
• Use the App to distribute malware, spam, or any harmful content.
• Interfere with or disrupt the App's infrastructure or other users' use of the App.
• Resell, sublicense, or redistribute the App or access to the App.
• Use automated means (bots, scrapers) to interact with the App beyond its intended functionality.

5. Instagram and Facebook Content

5.1 Content Ownership

You retain all ownership rights to the content you create and post on Instagram and Facebook. By using the App, you grant us a limited, non-exclusive license to access, store, process, optimize, and display your Instagram and Facebook content solely for the purpose of providing the App's services.

5.2 Content Responsibility

You are solely responsible for the content displayed through the App on your storefront, including ensuring that:

• You have the necessary rights and permissions to display the content.
• The content complies with all applicable laws, regulations, and platform terms.
• The content does not infringe on any third party's intellectual property, privacy, or other rights.
• Tagged products accurately represent the products shown in the content.

5.3 Content Processing

By using the App's AI-powered features, you acknowledge and consent to your Instagram media being analyzed by third-party AI services for the purpose of generating descriptive metadata, categorization, and enabling search functionality.

6. Shopify Integration

6.1 Shopify Platform

The App operates within the Shopify platform and is subject to Shopify's terms and policies. We are not responsible for changes to Shopify's platform, APIs, or policies that may affect the App's functionality.

6.2 Theme Integration

The App integrates with your Shopify storefront through app blocks and/or app embeds. The App is designed to minimize impact on your store's performance by rendering gallery content server-side and delivering optimized images.

6.3 Product Data

When you use the product tagging feature, the App accesses your Shopify product data (product IDs, titles, handles, and URLs). This data is used solely to enable shoppable gallery functionality.

7. Service Availability and Syncing

7.1 Automatic Syncing

The App syncs your Instagram content at configurable intervals. While we strive for reliable and timely syncing, we do not guarantee that syncing will occur at exact intervals or without interruption. Sync delays may occur due to API rate limits, service outages, or other factors beyond our control.

7.2 Account Authentication

The App requires active authentication with your Instagram and Facebook accounts to sync content. If re-authentication is required, we will notify you through the App so you can reconnect your accounts.

7.3 Service Availability

We strive to maintain high availability of the App but do not guarantee uninterrupted service. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control, including outages at Shopify, Meta, or our cloud infrastructure providers.

8. Pricing and Payment

8.1 Free and Paid Plans

The App may be offered under free and/or paid subscription plans. Features available under each plan are described in the Shopify App Store listing and may change from time to time.

8.2 Billing

Paid subscriptions are billed through Shopify's billing system in accordance with Shopify's billing terms. By subscribing to a paid plan, you authorize Shopify to charge your payment method on file.

8.3 Cancellation

You may cancel your subscription at any time by uninstalling the App from your Shopify admin. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

9. Intellectual Property

9.1 App Ownership

The App, including its design, code, features, documentation, and branding, is owned by ShowPics and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the App beyond the limited license to use it.

9.2 Feedback

If you provide feedback, suggestions, or ideas about the App, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback into the App without obligation to you.

10. Privacy

Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the App, you acknowledge that you have read and understood our Privacy Policy.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The App will meet your specific requirements.
• The App will be uninterrupted, timely, secure, or error-free.
• Instagram or Facebook content will always sync correctly or completely.
• AI-generated metadata or categorizations will be accurate.
• The App will be compatible with all Shopify themes or configurations.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOWPICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless ShowPics and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any third party's rights, including intellectual property rights.
• Content displayed through the App on your storefront.
• Your violation of Shopify's, Meta's, or any other platform's terms of service.

14. Termination

14.1 By You

You may terminate your use of the App at any time by uninstalling it from your Shopify store.

14.2 By Us

We may suspend or terminate your access to the App at any time, with or without notice, if:

• You violate these Terms.
• You violate Shopify's or Meta's terms of service.
• We are required to do so by law.
• We discontinue the App or any of its features.

14.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. We will delete your data in accordance with our Privacy Policy. Sections 9, 11, 12, 13, and 15 survive termination.

15. General Provisions

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.

15.2 Dispute Resolution

Any disputes arising out of or related to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Spokane, Washington. Either party may seek injunctive or equitable relief in the state or federal courts located in Spokane County, Washington.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ShowPics regarding the App and supersede all prior agreements and understandings.

15.5 Amendments

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, through the App or by email. Your continued use of the App after such changes constitutes acceptance of the modified Terms.

15.6 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.7 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16. Contact Us

If you have any questions about these Terms, please contact us at:

ShowPics
Email: legal@glust.studio
Address: 100 N Howard St Ste R, Spokane, WA 99201-0508, United States