Terms of Service

This terms of service agreement governs your access to, and use of, the websites, services and applications which are owned, operated or provided by or on behalf of CustomerHub.

Last updated: November 14, 2021

By using the CustomerHub Services (as defined below) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

This Terms of Service, Privacy Policy and any applicable DPA collectively forms your agreement (the “Agreement”) and governs your access to, and use of, the websites, services, applications and integrations (collectively, the “Services”) which are owned, operated or provided by or on behalf of CustomerHub (“CustomerHub”).

As used in this Agreement, “you” and “your” refers to you, the person accessing the Services; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) CustomerHub; and “party” or “parties” refers to both you and us. The effective date of this Agreement is when you accept it through use of our services, in accordance with the terms and conditions that are set out below.

IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.

You can view, print, download or save this Agreement at any time.

We reserve the right to change these terms and conditions at any time without notice, by updating this Agreement, and such changes will be effective as of the date these updates (or an updated version of this Agreement) is posted to our website. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.

Our Services

We develop and make available to you apps which are designed to enhance your e-commerce platform. Our eCommerce apps are built to provide additional value-add features to your existing storefront. We can also custom develop apps for your store, provide webmaster services, and many other e-commerce services.

CustomerHub shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.

Payments & Terms

All Services are provided on a per store basis, meaning you will have to purchase Services on an individual store basis. For example, if you have two stores, and you wish to use our app for both stores, you must purchase two subscriptions to that app.

Billing for the CustomerHub App is performed based on your selected billing period, either Monthly (every 30 days) or Annually (every 365 days). Your charges are based on the count of customers in your Shop. Monthly Billing plans will automatically scale up, and can not scale down. For Annual plans - when you approach and go over your allocated customers for your plan (detailed in your agreed billing with Shopify) we will notify you that you need to upgrade your annual plan on the next billing cycle. You will have 30 days to approve this new billing before we will disable access to the app until the updated billing charge is agreed or you change to monthly billing.

Unless otherwise indicated, the sale is finalized when you conclude the purchase of the Service, and your method of payment will be charged following your predefined & selected billing cycle in Shopify. When you make a payment, you confirm that you are entitled to use the method which you have used to make the payment.

You agree to indemnify and hold harmless CustomerHub and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its “Others”), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for any Services.

All payments are made payable in USD (United States Dollars).

Trial Period

We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be published to our websites and during the Services install process. You will not be charged for the Services until the trial period has expired.

You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.

Right to use the Services and Intellectual Property

Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store. This right terminates upon termination of this Agreement or any other agreements previously provided to you by us, as may be applicable. For certainty, if you uninstall all our apps, your Agreement is terminated automatically. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.

All materials displayed or otherwise accessible on or through the Services, including source code (“Our Content”), and the selection and arrangement of Our Content, are protected by copyright, pursuant to Australian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on our website, or as part of our Services, by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Services or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited.

Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.

If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using the Contact Us link on our website.

Subject to the terms and conditions of this Agreement you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our website, including a limited license to download, print and store single copies of Our Content (other than source code) from our website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in our website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.

To the extent that any open-source software created and made available by either party has been used in, incorporated into, integrated or bundled with, or used in the development or compilation of, any of Our Content (“Open-Source Software”), each party hereby grants to the other solely for the purposes of this Agreement, a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, perform, sublicense and distribute the Open-Source Software. To the extent required by the license that accompanies the Open-Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open-Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.

Continued Use, Updates and Upgrades

We reserve the right to modify, update, remove or disable access to any Services, without notice to you, and we will not be liable to you if we exercise those rights. When you purchase a particular Service, you are purchasing the right to use that Service as of the time you purchase it. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so.

Third Party Services and Content

We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.

Your use of the Services may rely on services and products which are offered by third parties (“Third Party Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.

We may make third parties’ content and materials (“Third Party Content”) available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.

You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release CustomerHub and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.

Disclaimer

The Services and the materials on our website are provided on an as-is, as-available, basis and without warranties of any kind, expressed or implied. By accessing and using the Services and the materials on our website, you acknowledge and agree that such access and use is entirely at your own risk. We make no representation or warranties regarding the use or the results of the Services or the materials on our website (whether provided directly by us or through third parties or our affiliates), including, without limitation, that the Services or materials on our website will be accurate, complete, correct, timely or suitable, that the Services and the materials on our website are of merchantable quality or fit for a particular purpose, that the Services and the materials on our website will be available or uninterrupted at all times or at any particular time, or that the Services and the materials on our website will be free from errors, viruses or other harmful components. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties and conditions regarding the use of the Services and the materials on our website, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. We are not responsible for what others do with any materials or information you choose to share using the Services.

Limitation of Liability

THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY.

To the maximum extent permitted by law, under no circumstances shall you be entitled to recover any special, incidental, consequential or indirect damages from CustomerHub or its Others, which you may suffer arising out of, caused by, or in connection with, the use, or inability to use, the Services, any inaccuracy, incompleteness or incorrectness contained in the materials displayed, accessed or used as part of the Services, or your reliance or acting upon the materials used as part of the Services, including any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or profits, regardless of the cause and whether arising in contract, tort, in equity, at law or otherwise, and whether or not CustomerHub has or had been advised of the possibility of such losses or damages. Unless otherwise agreed to by you and CustomerHub in writing, under no circumstances shall the liability of CustomerHub and its Others to you, for damages or losses suffered by you arising out of, related to or caused by, the Services, or the use thereof, exceed a maximum equal to the amount actually paid by you for the Services in the three (3) months’ period preceding such losses or damages. You acknowledge and agree that the payments paid by you for the Services reflect the allocation of risk set forth in this Agreement and that CustomerHub would not enter into this Agreement without these limitations on liability.

You agree to release, remise and acquit CustomerHub and its Others from any claims, actions, demands, costs and expenses of any kind whatsoever, whether in contract, negligence or tort, at law or in equity, or by statute or otherwise, howsoever caused, with respect to your use of, or our operation of, the Services, except as may be set out in the preceding paragraph.

Indemnity

You agree to indemnify and hold harmless CustomerHub and its Others from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of, or in any manner related to, your use of the Services, including, but not limited to: a) your breach of this Agreement; b) any misrepresentation made by you to any third party; c) any third party claim in respect of the Services involving or related to your or your Customers’ use of the Services; d) your ability or your Customers’ ability to access and use the Services; or e) your violation of applicable laws, rules or regulations or the rights of any third party.

Cancellation, Termination & Refund Policy

If you breach any provision of this Agreement (as determined by us, in our sole discretion), we may terminate this Agreement and you may no longer use the Services. We may, at any time, and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Services and this Agreement, all without notice or liability to you or to any other person.

We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that may be owed to you if we have suspended or terminated your permission to use the Services or any part thereof. We reserve the right to cease, suspend or interrupt operation of, or access to, the Services or any part thereof, and we shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.

While we do not offer any refunds on the Services and all sales are final, you may cancel your subscription(s) at any time for no additional charges. Simply uninstall the app(s) (or other Services) that you no longer want to use and your next invoice will automatically be adjusted to exclude the app(s) (or other Services) you uninstall (provided that, in the case of subscription based Services, your invoice will be adjusted during the first billing cycle after you uninstall the app). If you no longer use any of our apps or Services and you no longer owe us any fees, you won’t receive any further invoices. Upon termination, all payments for Services received pursuant to this Agreement shall become due immediately.

When the Services are terminated by you or by us, for any reason, we will stop providing the Services to you, and you will no longer be able to access your CustomerHub account. You shall uninstall and/or delete any apps or other software you have downloaded from us. The termination of the Services may result in the loss of content which is associated with your account and we are not responsible for storing or providing you copies of such content. Personal data tied to your CustomerHub account will be permanently deleted or anonymized within 60 days of the termination date.

Provisions which, by their nature, should survive termination of this Agreement (including, without limitation, obligations you have to pay or indemnify us, limitations on our liability and any releases of us, terms regarding confidentiality, ownership of intellectual property rights and rules which govern disputes between us), shall survive termination of this Agreement.

Privacy Policy

We are committed to protecting your privacy, in accordance with the terms and conditions of the CustomerHub Privacy Policy. By accessing and continuing to use the Services, including without limitation by registering or creating an account or profile with CustomerHub, and by providing personally identifiable information or personal data to CustomerHub through the Services, you are acknowledging that you have read our Privacy Policy (which sets out how we process personal data, and our legal basis for processing personal data) and that you agree and consent to us processing your personal data to provide the Services to you in accordance with this Agreement and our Privacy Policy. Please ensure that you have reviewed and understand our Privacy Policy before purchasing or subscribing for any Services from us or providing personal data to us.

When you use the Services to transfer your Customers’ personal data to us, you represent and warrant that you have your Customers’ consent to: a) the transfer of such personal data to us; and b) our collection, use, retention, and disclosure of that and other personal data of your Customers, for the purposes which are set out in the Privacy Policy. You further acknowledge and agree that our use of your Customers’ personal data for these purposes is in our capacity as your agent, only.

Customer Data

CustomerHub confirms the following with regards to your Customer's Data & Security:

  1. We save no customer data anywhere on our systems and only pass it through to Shopify's API's in the scenarios outlined below.
  2. We process only the minimum personal data required to provide our app's functionality to our merchants.
  3. The customer data processed within our app is done so through to the Shopify API by passing the customer id and relevant customer data when a customer is updating their profiles & preferences within their customer account page using our app. Our app will also read and update any Customer metafields that you have added and linked up to our app - again this is processed when a customer updates their profiles within our app. All other customer related data (orders etc) is processed on the Shopify frontend using liquid and doest not interact with our systems.
  4. Customer data processing is limited to the cases from point 3 above.
  5. If you wish to have your merchant related data removed from our systems, you only need to uninstall our app, and we will then recieve a REDACT webhook from shopify within 2 days and remove your shop data.
  6. We run daily backups of production systems to protect against catastrophic loss or human error.
  7. We host our systems on Google Cloud Platform, see more information on their security here cloud.google.com/security/
  8. We currently encrypt all data travelling between you and our services with transport layer security (TLS). We ensure that we are not using outdated and vulnerable standards with known attacks.
  9. When software vulnerabilities are discovered, the responsible parties fix them and push new releases of that software. We make sure that we are using up-to-date versions of operating systems, kernels, packages, and libraries to avoid known vulnerabilities.
  10. We use industry best practices to create, review, test, deploy, and administer our products. Code is stored in version control systems that provide audit history and redundant storage. We review code before it is committed to production, providing a chain of trust involving more than one employee.

Confidentiality

We will not sell, share, or rent your personal data to or with any third party.

Your records are regarded as confidential and therefore will not be divulged to any unaffiliated third party, other than our payment gateway in order to process your payment(s), and as is otherwise necessary for the delivery of the Services and/or if legally required to do so, to the appropriate authorities. Further information on the collection, use, retention, and disclosure of personal data is available in our Privacy Policy.

Internet Connectivity and Compatible Technology

The availability and functioning of the Services depend on the availability of a properly functioning Internet connection, as well as compatible hardware and software. We are not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor are we responsible for ensuring your hardware and software are compatible with the Services. You acknowledge that your access to and use of the Services may be impaired or prevented by factors beyond our control (such as issues with your computer system or Internet connectivity), and that we are not responsible for any such factors, or their effects. We are not liable for any failure to backup or restore any information or for interruptions, delay or suspension of access to or unavailability of the Services, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.

Links from this Website

We do not monitor or review the content of other parties’ websites and services which are linked to from this website, nor do we control the availability and content of such websites and services. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material, nor are we responsible for the accuracy of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content of third party websites and services. We encourage our users to be aware when they leave our website, and to read the terms of use and privacy statements of the websites that they may link to or access. You should evaluate the security and trustworthiness of any other website connected to our website or accessed through our website yourself, before disclosing any personal data to it. CustomerHub will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal data.

Acceptable Use

Without limiting anything else in this Agreement, you must not use (or cause or permit to be used) this website or the Services:

Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services, by us.

International Terms

If you are not an Australian resident and you are accessing our Services from outside of Australia, you agree to transfer certain information outside your home country to us, and that you will follow all the laws that apply to you.

We provide our Services outside of Australia; however, our servers and operations are located primarily in the United States, and our policies and procedures are based primarily on Australian law. Because of this, the following provisions apply specifically to users located outside of Australia: (i) you consent to the transfer, storage, and processing of your information, including but not limited to Uploaded Content and any personal data, to and in United States and/or other countries; and (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Miscellaneous

We are physically located within the Province of Victoria, Australia. This Agreement will be governed by the laws of the Province of Victoria and the laws of Australia applicable therein and shall be treated in all respects as a Victoria contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Victoria’ s courts.

Your use of the Services may also be subject to other local, state, provincial, national or international laws and the use of the Services may be prohibited by law in some jurisdictions. By using the Services you certify that the laws of the jurisdiction in which you are using the Services, permit the use of it, and you are responsible for complying with all local laws in your jurisdiction. If the laws which apply to your use of the Services would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer to you rights which are materially different than those granted to you under this Agreement, you are not authorized to use the Services and you agree to remove them from any computer or other device on which they may be installed.

We will not be liable for the failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: a) acts of God; or b) failure or disruptions in third-party-controlled or operated communications facilities; or c) worms, viruses and other disabling or disruptive software, communications or files.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. This Agreement is binding on you and us, and your and our respective successors (including any successor by reason of amalgamation of any party), heirs, legal representatives and permitted assigns, as the case may be.

Communication

When you visit our website, use the Services or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing and/or signed.

You are not required to agree to receive promotional messages from us as a condition of using the Services. However, by electing to submit your contact information to us and agreeing to this Agreement, you agree to receive certain communications from CustomerHub. These communications may include, for example, operational communications concerning your account or use of the Services, updates concerning new and existing features of the Services or CustomerHub websites, and promotional communications concerning promotions run by us or third parties, and news relating to the Services and industry developments. If you wish to stop receiving promotional communications from us, follow the instructions we provide in the communication for that category of communication.

All notices given by you to us, must be given to us at the address set out below or by email to support@customerhubapp.com. We may give notice to you at the email or mailing address you provide to us when you place an order with us, or register to use the Services, or by way of a general posting on our website. Notice will be deemed to be received immediately when posted on our website, twenty-four (24) hours after an email is sent and three (3) days after a letter is posted. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post. In the case of an email, notice will be proved by showing the email was sent to the specified email address of the recipient of the notice.

If you wish to contact us regarding our Terms of Service - please email support@customerhubapp.com.

CustomerHub is registered in Melbourne, Victoria, Australia.