Terms of Service

Last updated: 2025‑09‑02

These Terms of Service ("Terms") govern your access to and use of the BoostifyApps website and any related products or services we provide (collectively, the "Services"). By using the Services, you agree to be bound by these Terms.

1. Services

We provide software development services for ecommerce merchants and partners, including Shopify apps, integrations, and performance engineering. Specific scope, deliverables, timelines, and fees are set out in an order form, statement of work (SOW), or written proposal accepted by you ("Order"). If these Terms conflict with an Order, the Order prevails for that engagement.

2. Accounts and Eligibility

You must be at least 18 years old and have authority to bind the entity you represent. You are responsible for the accuracy of information you provide and for maintaining the security of your accounts and access credentials.

3. Fees and Payment

Fees are specified in the applicable Order. Unless otherwise stated, invoices are due within 14 days of receipt. Late payments may incur a 1.5% monthly service charge or the maximum allowed by law. You are responsible for taxes, duties, and government charges, excluding our income taxes.

4. Intellectual Property

We retain ownership of our pre‑existing materials, tools, libraries, methodologies, and know‑how ("Background IP"). Subject to full payment of fees, you receive a non‑exclusive, perpetual license to use deliverables created for you for your internal business purposes. Open‑source components remain subject to their respective licenses.

5. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect that information and will not disclose it except to personnel and contractors who need to know it and are bound by obligations at least as protective as these Terms.

6. Data Protection

If we process personal data on your behalf, we will do so in accordance with applicable data protection laws and any data processing terms agreed by the parties. We apply industry‑standard security measures appropriate to the risk.

7. Acceptable Use

You will not use the Services to violate law, infringe rights, disrupt systems, or transmit malicious code. You are responsible for content you provide and for ensuring you have the necessary rights to use it with the Services.

8. Warranties and Disclaimers

We warrant that we will perform services in a professional and workmanlike manner. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. Beta or experimental features are provided “as is.”

9. Limitation of Liability

To the extent permitted by law, neither party will be liable for lost profits, revenue, or indirect, incidental, special, consequential, or punitive damages. Except for payment obligations and breaches of confidentiality or IP rights, each party’s aggregate liability under these Terms will not exceed the amounts paid or payable by you for the Services giving rise to the claim in the 6 months preceding the event.

10. Indemnification

You will indemnify and hold BoostifyApps harmless from third‑party claims arising from content or materials you provide, or your misuse of the Services. We will indemnify you for third‑party claims alleging that our deliverables, as provided to you, infringe intellectual property rights, subject to customary exclusions.

11. Term and Termination

These Terms apply while you use the Services. Either party may terminate an Order for material breach not cured within 14 days of written notice. Upon termination, you will pay for work performed up to the effective date. Sections that by their nature should survive will survive (including fees, IP, confidentiality, limitations of liability, and indemnities).

12. Governing Law

These Terms are governed by the laws of your principal place of business or, if not specified, the State of California, excluding conflict‑of‑laws rules. Venue will be the courts located in San Francisco, California.

13. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Contact hello@boostifyapps.com.