Terms of Service

1. The agreement

These terms are an agreement between you, the merchant, and Apps by Onyx ("we", "us"). They apply when you install or use Give It or Pick It Up (the "apps"). By installing an app, you agree to these terms and to our Privacy Policy. If you install an app for a business, you confirm you have authority to agree for that business. You must be at least 18 years old.

2. The apps

Give It helps you run giveaways and sweepstakes in your Shopify store. Pick It Up helps you run local pickup and curbside orders. You need an active Shopify store to use either app. Features marked "Coming soon" on our website are plans, not promises, and are not part of what you pay for until they are released.

3. Plans, trials and billing

• Prices are listed on our website and inside each app. All charges are billed by Shopify on your Shopify invoice, in US dollars, every 30 days, plus any applicable taxes.
• Give It plans include a 3-day free trial. Pick It Up has a free plan, and its Pro plan includes a 14-day free trial. If you don't cancel before a trial ends, the paid plan starts.
• You can change or cancel your plan inside the app or by uninstalling it. Billing stops from that point. Except where the law or Shopify's policies require otherwise, we do not refund partial billing periods.
• We may change prices with at least 30 days' notice. A new price applies from your next billing period after the notice period.

4. Your responsibilities

• Give accurate information and keep your Shopify account secure.
• Follow all laws that apply to your store and your customers, including consumer protection, privacy, marketing and promotion laws.
• Publish a privacy notice to your customers that covers your use of the apps, and get any consent the law requires from them.
• Check that the apps' settings, such as hours, rules and message wording, are right for your business.

5. Giveaways (Give It)

You are the sponsor of every giveaway you run with Give It. Give It provides tools such as free and mail-in entry, eligibility checks and draw records, but it does not give legal advice and does not guarantee that a giveaway complies with the law. You are responsible for:

• writing and publishing your official rules, including a free way to enter where the law requires one;
• choosing eligible locations and ages;
• any registration or bonding a state requires for larger prizes;
• selecting, notifying and verifying winners, and delivering prizes; and
• any taxes and reporting on prizes.

6. Pickup and texts (Pick It Up)

You are responsible for your pickup operation, including your hours, how you hand orders over and any ID checks you require. If you turn on text messages, you confirm that you have your customers' permission to text them about their orders, as laws such as the US Telephone Consumer Protection Act and Canada's Anti-Spam Legislation require. You will honor requests to stop texts. Text and email delivery depends on phone carriers and email providers, so we cannot guarantee that every message arrives.

7. Acceptable use

You may not use the apps to break the law, to send spam or deceptive messages, to run an illegal lottery, to infringe anyone's rights, or to collect information you are not allowed to collect. You may not try to break, overload, reverse engineer or get around the security of the apps, or resell them without our written permission.

8. Your data

You own your store's data and your customers' data. You give us permission to use it only to provide, secure and improve the apps for you, as described in our Privacy Policy. When you uninstall an app, we delete your data as that policy explains.

9. Our property

We own the apps, this website and everything we create for them, including their software, design and names. While these terms are in effect, we give you a limited, non-exclusive, non-transferable right to use the apps for your store. If you send us feedback, we may use it without any obligation to you.

10. Shopify and other services

The apps run on Shopify and rely on other providers, such as hosting, email and text services. Your use of Shopify is governed by Shopify's own terms. We are not responsible for outages or changes in services we do not control, but we will work to keep the apps running when they happen.

11. Changes to the apps

We improve the apps over time and may change or remove features. If we remove a feature you pay for in a way that materially reduces what you get, we will tell you in advance, and you may cancel.

12. Disclaimer

We work hard to make the apps reliable, but they are provided "as is" and "as available". To the extent the law allows, we make no warranties beyond those in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the apps will be uninterrupted or error-free.

13. Limit of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the apps is limited to the amount you paid us for the app in question in the 12 months before the claim. Nothing in these terms limits liability that cannot be limited by law.

14. Indemnity

You agree to defend and compensate us for claims, losses and costs arising from your giveaways, your pickup operation, messages sent at your direction, or your breach of these terms or the law.

15. Ending the agreement

You can stop at any time by uninstalling the apps. We may suspend or end your access if you seriously breach these terms, if the law requires it, or if we stop offering an app, in which case we will give you reasonable notice where we can. The sections on your data, our property, the disclaimer, limits of liability, indemnity and governing law continue after the agreement ends.

16. Governing law

These terms are governed by the laws of the State of Texas and the federal laws of the United States, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Texas, and both parties agree to their jurisdiction. If you are a consumer, you keep any rights the law where you live gives you.

17. Changes to these terms

If we make a material change, we will update the date at the top of this page and tell you inside the apps or by email at least 30 days before it takes effect. If you keep using the apps after that, the new terms apply.

18. Contact us

Apps by Onyx
Email: