These Terms govern B2B use of the App by Shopify merchants. Mandatory consumer protections and local law that cannot be waived still apply where relevant. This is not legal advice.
By installing, accessing, or using UpsellPilot AI (the “App”), you (“Merchant”, “you”) agree to these Terms of Service, our Privacy Policy, and—where we process personal data on your behalf—our Data Processing Addendum (DPA), which is incorporated by reference.
UpsellPilot AI provides software tools to configure and display upsell and cross-sell offers (including product page, cart, and eligible checkout / post-purchase surfaces), coordinate discounts via Shopify APIs, and show merchant analytics. Available features depend on your plan and Shopify platform capabilities (including Plus-only surfaces where applicable).
You represent that you are at least the age of majority in your jurisdiction, that you are authorized to bind the Shopify store installing the App, and that you will comply with Shopify’s terms, applicable advertising and consumer-protection laws, tax rules, and these Terms. You are responsible for admin access security (including staff accounts and 2FA).
You will not:
You remain solely responsible for storefront claims, pricing, shipping, returns, taxes, and customer service.
The App, documentation, and branding (including “UpsellPilot AI” and “Fixiby”) are owned by Fixiby or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on your Shopify store while it remains installed and in good standing. You retain ownership of your store content and product data.
Roles and processing are described in the Privacy Policy and DPA. You instruct Fixiby to process shop and offer data as needed to provide the App. You warrant that you have provided required notices to shoppers and have a lawful basis for any processing you instruct us to perform.
The App depends on Shopify APIs, themes, App Bridge, and optional checkout / post-purchase extensions. Fixiby is not responsible for Shopify outages, API changes, theme conflicts caused by other apps, or merchant misconfiguration beyond our reasonable control.
We may label features as beta. Such features are provided as-is and may change or be withdrawn with reasonable notice where practicable.
EXCEPT WHERE PROHIBITED BY MANDATORY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” FIXIBY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee specific revenue, conversion, AOV, or ranking outcomes.
Nothing in these Terms excludes liability that cannot be excluded under applicable law (including liability for death or personal injury caused by negligence, fraud, or willful misconduct, and certain non-excludable statutory rights).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXIBY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FIXIBY VIA SHOPIFY BILLING FOR THE APP IN THE THREE (3) MONTHS PRECEDING THE CLAIM (OR EUR/USD 100 IF GREATER AND REQUIRED AS A MINIMUM BY MANDATORY LAW).
FIXIBY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR LOST PROFITS DAMAGES, OR LOSS OF DATA/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED.
You will defend and indemnify Fixiby against third-party claims arising from your storefront, offers, discounts, marketing claims, tax practices, or misuse of the App, except to the extent caused by Fixiby’s willful misconduct or gross negligence.
You may uninstall the App at any time. We may suspend or terminate access for material breach, non-payment, legal risk, or harm to the service or others. Upon uninstall or Shopify shop/redact, we delete or anonymize shop data as described in the Privacy Policy.
You represent that you are not prohibited from receiving the App under applicable US, EU, UK, or other sanctions/export laws, and will not use the App in embargoed jurisdictions in violation of law.
We may update these Terms by posting a revised version and updating the date above. Continued use after the effective date constitutes acceptance, except where mandatory law requires additional notice or consent. Material adverse changes may be announced in the App admin or listing where reasonably practicable.
Except where mandatory law requires otherwise, these Terms are governed by the laws applicable to the independent developer operating as Fixiby Software Technologies, without regard to conflict-of-law principles. Courts of competent jurisdiction shall have venue, subject to mandatory consumer venue protections.
Fixiby Software Technologies (independent developer)
Email: info@fixiby.com
Web: https://fixibay.com · https://fixibay.vercel.app