Terms of Service

Last Updated: November 9, 2024

1. Agreement to Terms

By accessing or using PlusSales ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

PlusSales is a CRO agency with a proprietary experimentation and analytics platform designed for Shopify stores. The Service allows you to:

  • Create and manage CRO experiments for your Shopify store
  • Connect and analyze data from Google Analytics 4 (GA4)
  • Optimize product listings, pricing, and store performance
  • Access analytics insights and performance metrics

3. Eligibility

You must:

  • Be at least 18 years old
  • Have a valid Shopify store
  • Have the authority to bind your business to these Terms
  • Provide accurate and complete information when creating an account

4. Account Registration and Security

4.1 Account Creation

To use PlusSales, you must install our app through the Shopify App Store and complete the onboarding process. You may optionally connect your Google Analytics account.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

4.3 Google Analytics Connection

When you connect your Google Analytics account, you grant us read-only access to your GA4 data. You can revoke this access at any time through your Google Account settings or within our app.

5. Acceptable Use Policy

You agree NOT to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated means to access the Service without permission
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove or modify any proprietary notices or labels
  • Use the Service to transmit harmful code, viruses, or malware
  • Violate Google's API Terms of Service or User Data Policy

6. Subscription and Payment

6.1 Pricing

Pricing for the Service is available on our pricing page and is subject to change with notice. All fees are in USD unless otherwise stated.

6.2 Billing

  • Subscriptions are billed through Shopify's billing system
  • You authorize Shopify to charge the payment method on file
  • Subscriptions automatically renew unless cancelled
  • Prices are subject to change with 30 days notice

6.3 Refunds

Refunds are handled on a case-by-case basis. Contact our support team at support@yotoia.com for refund requests.

6.4 Free Trial

If we offer a free trial, you will not be charged until the trial period ends. You can cancel before the trial ends to avoid charges.

7. Data and Privacy

7.1 Your Data

You retain all rights to your store data, analytics data, and content. We only use your data to provide and improve the Service as described in our Privacy Policy.

7.2 Google Analytics Data

We access your Google Analytics data solely to provide analytics insights within our Service. We comply with Google's API Services User Data Policy, including the Limited Use requirements.

7.3 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Intellectual Property

8.1 Our IP

The Service, including all software, content, trademarks, and technology, is owned by PlusSales and protected by intellectual property laws. These Terms do not grant you any ownership rights.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes, subject to these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation or attribution.

9. Third-Party Services

The Service integrates with third-party services including:

  • Shopify: Subject to Shopify's Terms of Service
  • Google Analytics: Subject to Google's Terms of Service and Privacy Policy
  • Other integrations: Subject to their respective terms

We are not responsible for third-party services. Your use of third-party services is governed by their terms and policies.

10. Service Availability and Modifications

10.1 Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

10.2 Modifications

We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable for any modifications or discontinuation of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by uninstalling the app from your Shopify store or contacting support.

11.2 Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or harmful activity
  • Fail to comply with applicable laws

11.3 Effect of Termination

Upon termination, your access to the Service will cease. We will delete or anonymize your data according to our data retention policies, except as required by law.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Guarantees of accuracy, reliability, or completeness of results
  • Guarantees that the Service will be error-free or uninterrupted
  • Guarantees that CRO experiments will improve your store performance

We do not guarantee specific results from using the Service. Experimentation results may vary, and we are not responsible for any business outcomes.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUSSALES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or data loss
  • Third-party actions or content

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

14. Indemnification

You agree to indemnify, defend, and hold harmless PlusSales from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your store content or products

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

15.2 Informal Resolution

Before filing a claim, you agree to contact us at support@yotoia.com to attempt to resolve the dispute informally.

15.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PlusSales regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes constitutes acceptance.

17. Contact Information

For questions about these Terms or to report violations, please contact us:

18. Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of the Service, including but not limited to:

  • E-commerce and consumer protection laws
  • Data protection and privacy laws (GDPR, CCPA, etc.)
  • Advertising and marketing regulations
  • Tax laws and requirements

By using PlusSales, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.