Terms of service

1. Who agrees to what

These terms are between Almanary ApS and you. You accept them by installing the Almanary app on your Shopify store or by using almanary.com. If you act for a business, you accept them for that business. Almanary is made for businesses: by installing it you confirm that you act in the course of your trade.

2. The service

Almanary is a Shopify app. You build discount offers in it, test them against your store's own past orders, and publish them. Published discounts run at checkout through Shopify's discount infrastructure. A test run replays a draft against orders that already happened and reports what the discount would have done to them. It is a record of the past, not a prediction of future orders, revenue or cost.

3. Your promotions are your decisions

You decide the commercial terms of every promotion you run: what is discounted, by how much, for whom and when. You are responsible for reviewing and testing a promotion before you publish it, for what it gives away, and for its compliance with the laws that apply to your business, including pricing and consumer-protection rules in the markets you sell to.

4. Fees and the trial

Plans and prices are published on the Almanary listing in the Shopify App Store. Shopify bills your plan to your Shopify account. We never charge you outside Shopify, and we never charge you without a plan you approved on Shopify's plan page. While Almanary is in early access it is free. We tell you in the app before paid plans start. Uninstalling the app ends future charges; a billing cycle that has already started may still be billed. Refunds are at our discretion and are issued through Shopify. Prices are in US dollars; if Shopify bills you in another currency it converts them at its own rate and may add its exchange fee. Prices exclude any taxes Shopify adds to your bill.

5. Your data

What Almanary reads from your store, what it keeps and for how long is described in the privacy policy. Our data processing agreement governs the personal data we process on your behalf and forms part of these terms.

6. Availability

Your discounts execute inside Shopify's checkout, on Shopify's infrastructure. They do not depend on our servers being up. We do not promise that the Almanary app itself, including the builder, test runs and reports, is always available or error-free (Standard Terms 7).

7. Acceptable use

The Standard Terms say what you may not do with the Product (Standard Terms 2.1). In addition, you may not use Almanary in a way that breaches Shopify's terms or the law, and you may not resell access to it. We may suspend access that does (Standard Terms 2.2).

8. Ownership

We own the app, the website and everything in them (Standard Terms 11). You own your store's data and the offers you build. You give us only the rights needed to run the service for you (Standard Terms 1.5).

9. Liability

During early access the Almanary app is a Beta Product and is provided as is (Standard Terms 12.7). Our total liability to you for all claims under or related to these terms is limited to the greater of USD 100 and the fees you paid for Almanary through Shopify in the 1-month period before the event that gave rise to the claim. Neither of us is liable to the other for lost profits or revenue, loss of business, or indirect or consequential loss. A claim lapses unless legal proceedings on it are started within 12 months of the event that gave rise to it. The caps, the exclusion of losses and the time limit above do not apply to liability for intent or gross negligence, and nothing in these terms limits liability that the law does not allow to be limited (Standard Terms 8.4).

10. Work we do in your store

Work we do inside your Shopify admin at your request, through the collaborator access you grant us in Shopify, such as setting up or troubleshooting a discount, is done on your instruction. You review its results before relying on them. Our liability for that work is governed by clause 9.

11. Ending the agreement

Uninstall the app at any time. That ends these terms for the app; Shopify stops future charges, and a billing cycle that has already started may still be billed (clause 4). Either of us may end the agreement for a material breach that is not cured (Standard Terms 5.3). If we retire Almanary, we give you at least 30 days' notice by email or in the app. What happens to your data when the agreement ends is in clause 12 and described in the privacy policy.

12. Leaving with your data

You can leave Almanary at any time, without notice and without a fee for leaving. On request we give you a copy of your exportable data within 30 days: everything you entered into Almanary and everything Almanary produced for you from it, such as your discount and offer configuration, your test runs and their reports, and your account settings, in a common machine-readable format. After you uninstall, your exportable data stays available for retrieval for 30 days and is then erased, unless the law requires us to keep it. We support your move to another service with the information you reasonably need, and we describe the export procedure and formats on almanary.com (see Data export below). Where our hosting infrastructure is located and which jurisdiction it is subject to is stated on the list of companies that process data for us, linked from the privacy policy.

13. Changes to these terms

We may change these terms to reflect changes in the service, in the law or in Shopify's requirements. The current version is always on this page with its effective date, and a change takes effect on the effective date it states, which is the day it is posted unless it says otherwise. If a change materially reduces your rights, we tell you at least 14 days before it takes effect, by email or in the app. Changes required by law, by Shopify or for security take effect at once. You can stop using Almanary at any time by uninstalling it; using it after a change takes effect means you accept it.

14. Governing law

These terms are governed by the laws of Denmark, and disputes go to the Copenhagen City Court (Københavns Byret) (Standard Terms 12.3), unless mandatory law that protects you says otherwise.

15. Contact

Almanary ApS, Ørestads Boulevard 56, 5. th., 2300 København S, Denmark. Registered office: Copenhagen. CVR 46746023. VAT DK46746023. support@almanary.com.

16. Shopify

Almanary is an independent product and is not affiliated with, endorsed by or sponsored by Shopify. Your use of Shopify is governed by Shopify's own terms. We alone are responsible for the app. Shopify is not liable for any fault in the app or for any harm that results from installing or using it. Unless Shopify expressly says otherwise, Shopify cannot help you install or use the app. Any liability that arises from your access to or use of the app, including its support and our handling of your store's data, is ours alone and not Shopify's, within the limits of clause 9.

17. Modifications to the Standard Terms

1. Section 1.6 (Machine Learning) does not apply. We do not use your data to train models.
2. In section 1.4 (Feedback and Usage Data), Usage Data excludes anything read or derived from your store's data, and we disclose Usage Data to no one.
3. Section 2.1(a)(vii) applies only to the extent the development involves unauthorised use of our Confidential Information.
4. Sections 4.2 (Invoicing), 4.3 (Automatic Payment) and 5.5(d) do not apply; all billing is by Shopify and we send no invoices.
5. The first sentence of section 12.2 (Modifications, Severability, and Waiver) is replaced by clause 13 above.
6. In section 5.5 (Effect of Termination), the deletion of Customer Content follows clause 12 and the erasure schedule described in the privacy policy; section 5.6(b) does not extend it, and backups follow the same schedule.
7. In section 12.9 (Notices), we may give you a notice in the app instead of at your Notice Address, except a notice of termination under section 5.3, which we send to your Notice Address; a notice in the app is given when it is posted there.
8. The third sentence of section 8.4 (Exceptions) is deleted, so that section 8.2 (Damages Waiver) and the exclusions in clause 9 apply to every claim, including a breach of section 10 (Confidentiality).