Promo Party Pro
Terms of Service

Effective Date: April 1st, 2025
Last Updated: October 3rd, 2025

By using Promo Party Pro, you acknowledge you've read, understood, and agree to these Terms of Service.

1. Agreement

By installing or using Promo Party Pro ("the App"), you agree to these Terms of Service. If you don't agree, don't use the App.

ETHERCYCLE LLC ("we", "us", "our") provides the App. You ("merchant", "you", "your") are the Shopify store owner using it.

2. What We Provide

The App provides promotional tools and features for your Shopify store. Features may change without notice. We'll try to keep things stable, but we reserve the right to modify, suspend, or discontinue any part of the App.

3. Your Responsibilities

You agree to:

• Use the App only for lawful purposes
• Comply with Shopify's Terms of Service and Acceptable Use Policy
• Provide accurate information when setting up promotions
• Not reverse engineer, copy, or resell the App
• Not use the App to mislead customers about pricing or promotions

You're responsible for:

• Your store's content and promotions
• Compliance with applicable laws (consumer protection, pricing regulations, etc.)
• Any damages from violating these terms

3.1 FTC Compliance for "Free" Promotions

When using the App for "free gift with purchase" offers, you must:

• Clearly disclose all terms and conditions at the time of the offer, before purchase completion
• Not increase prices of other items to recover the cost of the "free" item
• Display the word "free" accurately - items are only free if customers pay nothing extra beyond normal price and shipping
• State minimum purchase requirements clearly (e.g., "Free gift with purchases over $50")
• Disclose any limitations on quantities, time periods, or customer eligibility
• Not use "free" if customers must buy multiple items to get one at no cost (use "buy one, get one" instead)
• Include shipping costs in disclosures if the "free" item increases shipping charges

You acknowledge that:

• Misuse of "free" claims can result in FTC enforcement actions
• You're solely responsible for FTC compliance
• We don't review or approve your promotional content
• The App is a tool; how you configure promotions determines compliance

4. Payment and Billing

• Billing happens through Shopify's billing system
• Subscriptions auto-renew until cancelled
• No refunds for partial months
• We can change pricing with 30 days notice
• Non-payment may result in service suspension

5. Intellectual Property

• We own the App and all its components
• You own your store data
• You grant us permission to access and use your data solely to provide the App's services
• Don't copy our code, design, or documentation

6. Privacy and Data

• We access only the minimum data required to run the App
• We don't sell your data
• We use industry-standard security measures
• You're responsible for your customers' data privacy
• See our Privacy Policy for details

7. Liability Limitations

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

We're not liable for:

• Lost profits or revenue
• Data loss or corruption
• Service interruptions
• Indirect, incidental, or consequential damages
• Issues caused by Shopify platform changes
• FTC fines or regulatory penalties from your promotional practices
• Customer disputes about promotional offers

Our total liability won't exceed what you paid us in the past 12 months.

7.1 No Legal Advice

The App provides technical functionality only. We don't provide legal advice about FTC compliance or promotional regulations. Consult your own legal counsel about compliance requirements in your jurisdiction.

8. Indemnification

You'll defend and hold us harmless from claims arising from:

• Your use of the App
• Your promotions and marketing
• Your violation of these terms
• Your violation of any laws or third-party rights
• Any FTC or regulatory action related to your promotional practices
• Customer complaints about misleading "free" offers

9. Termination

Either party can terminate:

• You: Cancel through Shopify's app management by uninstalling the app at any time
• Us: For violation of terms, non-payment, or at our discretion with notice

After termination:

• Your access ends immediately
• We may delete your app data after 30 days
• Sections that should survive (liability, indemnification) remain in effect

10. Disputes

• Governed by Illinois law
• Disputes resolved through binding arbitration (AAA rules)
• No class actions
• Each party pays own legal fees

11. Miscellaneous

• These terms are the entire agreement
• We can update terms with 30 days notice (email or in-app)
• If any part is invalid, the rest stays in effect
• We can assign these terms; you can't
• Not responding to a violation isn't a waiver

12. Contact

Questions about these terms?

By using Promo Party Pro, you acknowledge you've read, understood, and agree to these Terms of Service.