1. Use of the App

• Eligibility: You must be at least 18 years old to use our App. By using the App, you represent and warrant that you have the legal capacity to enter into these Terms.
• Account: You must have a valid Shopify account to use our App. You are responsible for maintaining the confidentiality of your Shopify account credentials and for all activities that occur under your account.
• Compliance: You agree to comply with all applicable laws and regulations when using our App. You may not use the App for any unlawful or fraudulent purposes.

2. License

• Grant of license: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our App for your internal business purposes.
• Restrictions: You may not: (a) modify, copy, or create derivative works based on the App; (b) reverse engineer or decompile any part of the App; (c) rent, lease, or sell access to the App; or (d) use the App in any manner that could damage, disable, or overburden our infrastructure.

3. User Content

• Responsibility: You are solely responsible for any content you create or submit through the App, including forms and customer messages. You represent and warrant that you have the right to use and share this content and that it does not infringe the rights of any third party.
• License to us: By submitting content through the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content as necessary to provide the App’s services.

4. Payment and Subscription

• Fees: Use of the App may be subject to subscription fees as described in the Shopify App Store. By subscribing, you agree to pay the applicable fees and charges.
• Billing: Subscription fees will be billed by Shopify according to their billing procedures. You authorize Shopify to charge your payment method on file for all fees incurred.
• Cancellation: You may cancel your subscription at any time through your Shopify account. Upon cancellation, you will retain access to the App until the end of the current billing period, and no refunds will be provided.

5. Data Privacy

Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the App, you consent to the practices described in the Privacy Policy.

6. Intellectual Property

All rights, title, and interest in and to the App, including all intellectual property rights, are and will remain the exclusive property of UpForm. These Terms do not grant you any rights to our trademarks, logos, or other intellectual property.

7. Warranties and Disclaimers

• Disclaimer of warranties: The App is provided on an “as is” and “as available” basis. We make no warranties or representations, express or implied, about the App, including its reliability, availability, or suitability for your purposes. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of liability: In no event will Vital Apps be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the App; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the App; or (d) any bugs, viruses, trojans, or the like that may be transmitted to or through our App by any third party.

8. Indemnification

You agree to indemnify, defend, and hold harmless UpForm, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

9. Termination

• Termination by You: You may stop using the App at any time by uninstalling it from your Shopify account.
• Termination by Us: We may suspend or terminate your access to the App at any time for any reason, including if you violate these Terms. Upon termination, you must cease all use of the App.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our Site and, where appropriate, by other means. Your continued use of the App after any changes indicates your acceptance of the updated Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Viet Nam, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Viet Nam.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at [email protected].