Terms of use - Hengam: Shopify apps

Hengam Apps Terms of use

Founded in 2020, Hengam is responsible for completing the mission to help Shopify stores grow their business and increase their net profit. Any use of the service is subject to terms described in this Terms of Service and by subscribing or using the Services, you (“you” or “Client”) acknowledge that you have read, understood, and agreed to the entirety of these Terms of Service.

These Terms of Service may be amended from time to time due to changes in service features or other reasons. It is the Client’s responsibility to review these Terms of Service frequently and to remain informed of any changes implemented. The Client agrees that the continued use of the Service after such changes to the Terms of Services have been published will constitute the Client’s acceptance of such revised terms.

DEFINITIONS

The following terms used in this Agreement have the meanings set forth below:

“Hengam”: Who owns and provides Shopify apps “Notify me! Back in stock alerts”, “Discounted Pricing and Sales” and “Subify”.
Applications, codes, and platforms, developed and published by Hengam for use in Shopify stores and adding any feature to them.
“Client”: The individual or legal entity, professional only, with whom Hengam entered this Agreement to provide him Hengam’s services and whose name and address appear on the Account.
“Service”: The grant of access to any features by Hengam through that Client can use any of our Shopify apps in SaaS mode under the terms and conditions set out in the Agreement.
“Terms”: These Terms of Service, the Privacy policy, and any potential subsequent amendments of those as well as any separate agreement entered into between Hengam and the Client for the performance of the Service.
“Account”: The unique access way of the Client to the Service which enables the Client to use the Service.
“Store”: The Client’s website and related properties using the Service for any purposes.
“Visitor”: An individual or entity who interacts with the Client’s Store in any way such as visiting, sharing, signing up, or buying.
Cookies: A small text file may be placed on the Client’s or Visitor’s computer by this application when he/she visits certain parts of Hengam’s Alerts and/or uses certain features of it.
“Personal Information”: means any information relating to a natural person who is or can be identified, directly or indirectly, including without limitation, an individual’s name, email address, telephone number.
“Non-Personal Information”: means information that, on a standalone basis, cannot identify the Client or Client’s Visitor. Non-Personal Information includes useful information such as Client’s or Client Customer web page visits, IP addresses, log files, unique device identifiers, operating system type, browser type, GPS data, and any links clicked on to interact with our Services, and other usage information collected from cookies and other tracking technologies.
“Content”: means any data, whether personal or not, related to the Client’s Store, sent to the Hengam or collected via the store’s website.
“Plan”: means the fee-based plans of providing Hengam services for a fixed period, which states the Client’s cost of using specific features of that Plan in that period by subscribing to that Plan. The subscribed Plan appears on the Account (and then possibly modified by the Client).

Agreement and Application of Terms
1. You have to agree with the Terms for using the service while signing up in the Hengam. Also, your continued use of Service after any changes applied to the Terms will be considered as your agreement with such revised Terms. Otherwise, you will not be able to use the Service anymore.
2. The Agreement will be effective after the creation of an Account by the Client, including a free Account, and will remain in effect until its termination by either Party.
3. Terms always include all of that is here, and any other individual has written agreement between Client and Hengam. If some of these Terms conflict with individual agreement terms, the individual agreement will take precedent.
SERVICE DESCRIPTION
1. Hengam is always innovating and upgrading the Service, which is accompanied by changing the features of Hengam Shopify apps/ Therefore, you acknowledge that the form, type, manner, and amount of service may change over time without prior notice to you.
2. The Service is available to you 24 hours a day, 7 days a week during the term of the Agreement and within the limits set out in the Agreement. However, Hengam, due to its innovations and policies, may temporarily or permanently suspend or restrict the provision of Service to you or other Clients, without the need for prior notice to do so.
3. If Hengam stops providing the Service to you, which is not due to your violation of the terms, or due to legal issues, if you are in a non-free plan and have paid for the use of the Service whose period has not expired, you will be refunded the remaining charge of your payment.
4. Support for the Services is available in various specifications due to Clients’ requirements.
PRICING AND PAYMENT
1. The Service is available according to pricing published on the Hengam Site or as outlined in an applicable Subscription Order. If you use a non-free plan, you must pay for the plan on time. If you do not pay on time, some features of the Service may be temporarily unavailable to the customer to make the payment.
2. The lack of use or the temporary discontinuance of the Service during the duration of the Subscribed Plan shall not have the effect of extending the duration of the Agreement or the Service, nor qualify for a refund or any compensation whatsoever.
3. Pricing is subject to change from time to time on a prospective basis at Hengam’s sole discretion; provided however that you may choose some other Plans continuing use of Service if you use the service in a free or non-free plan which is no longer available when your previous Plan expires, or terminate your subscription and your Service will be terminated.
DATA AND PRIVACY
1. You may put different personal information about yourself or your visitors in any of the Hengam’s apps, or this information is collected by the Hengam when you subscribe to Sercive or use it. All this personal information about you or your visitors, as well as your account information, will not be shared or sold to third parties and only Hengam certified employees will have access to this information.
2. You acknowledge that Hangam Support agents can contact or email you at any time through the email and other communication channels you have defined in your account. Also, if a person contacts our support team providing your account information, he/she will be considered as a genuine Client and from then on, his / her contact information as a holder of your account can be used by Hengam for future calls.
3. The information collected in the Hengam is always processed and the results belong only to Hengam. This content is collected solely under the Privacy Policy to provide the Hengam Service and to enhance its capabilities and for other commercial uses, and will not be used except as described in the Privacy Policy. Therefore, the descriptions given in the Privacy Policy are an integral part of the Terms.
4. The Content collected in the Hengam can be used to provide public aggregated statistics and commercial services without disclosing personal information. Client and Account’s information may also be disclosed internally to provide support and other personalized services to the Client.
5. The Non-Personal Information collected from the Service may be used for commercial exploitation, enhancement of Hengam capabilities, development of new products, or business partnerships with third parties, or published publicly for general uses.
6. As you use the Service, you may import into our system Personal Information of yourself or that of other individuals, or that may be collected from your Store and stored to the Hengam. We have no direct relationship with the third parties added to the Hengam or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
7. By using the service, it is also possible to send content to your visitors by the Service, and according to the capabilities of the Hengam and the settings made by you, messages in the form of notifications, text messages, or emails may be sent to your visitors by the Hengam. So taking their full permission to send these messages to the theme is also entirely up to you.
8. All Personal Information collected from you or your visitors will be appropriately provided to you at any time you ask them.
9. You can also request the deletion of all Personal Information collected as a result of your use of the Service at any time by requesting termination of the Service, in which case all this Personal Information will be deleted from the Hengam.
10. You agree that Hengam may send you notices or statements (such as notices about changes of Terms) by email, post, telephone, or text message.
11. You agree that Hengam can publish your name or the name of your company or the name of your store along with the service it provides to you on the Hengam page and website for commercial uses.
SERVICE RESTRICTIONS AND AVAILABILITY
1. You should use the Service only in your Account and not attempt to use the service in any way other than logging in to your account. Also, you should not provide the Service to others.
2. The client will not use the Service in connection with any Store that constitutes or promotes each of the following products:
3. The Client undertakes to refrain from doing anything or using the Service in conditions that may impair the functioning or safety of the Service or changes its features.
4. You are responsible for the consequences of any breach of the Terms or violation of related laws (including damages to Hengam) and in this regard, Hengam will not have any responsibility regarding you and any other one.
5. If you violate these Terms and Hengam does not act immediately, it does not mean acknowledging the violation and giving up the rights that Hengam may have. Rather, Hengam may follow up and take appropriate action against that in the future.
LIMITATION OF LIABILITY
1. The Service is provided on an “as is” basis and “as available” basis and it is your responsibility to use and match it to your requirements Hengam will not be liable for any inaccuracies in the Service or its non-compliance with your requirements or the damage caused to you or your visitors as a result of its use. These damages may occur due to the following:
  1. Your trust in the accuracy or completeness of the Service
  2. Temporary or permanent Change or Suspension of service by Hengam
  3. Deleting or corrupting any part of the content
  4. Your inability to log in to your Account
2. Limitations of Hengam liability referred to in the preceding paragraph remain in place either in the awareness of the probability of such damages or in the unawareness.
3. You acknowledge that you have appropriate authority to use the Service and add it to your Store, and Hengam will not have any responsibility if it becomes clear in the future that you did not have that authority organizationally or generally to do so.
TERMINATION OF AGREEMENT
1. These Terms are effective upon Client’s first access to or use of the Service and continue until terminated due to terms of this section.
2. The Client can terminate the agreement and deal at any time by closing its Account in Hengam or unsubscribing his/her Store from the Service.
3. Also, the agreement will be terminated by the expiration of the Client’s Plan.
4. Hengam may terminate the agreement and its Service to you in these cases:
  1. You breach any part of the Terms, or you seem that you are unwilling or unable to comply with the Terms; or
  2. Hengam be enforced to do so legally (such as being or becoming some part of the Service illegal); or
  3. Hengam Believes that providing the Service to you will not be commercially affordable anymore; or
  4. Hengam can’t get services from some third parties which are required to provide the Service to you.
5. In the case of suspension of the Service by Hengam as described above, you will be informed of that by email and you can send your objection in reply with sufficient description and documents in 7 days to be checked. Otherwise, it will be as the end of this agreement and your Account will be deleted and your Service will be terminated and your content will be unreachable forever.
6. Upon termination or expiration of this Agreement, all licenses granted herein shall be immediately revoked and terminated. The rights and obligations of the parties which are explicitly or implicitly emphasized for its continuation shall survive termination or expiration of the Agreement and can be followed next.
INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights on the Hengam and its website and plugin and application remain the sole property of Hengam and your use of the Service will not give you any right to possess it.
2. Hengam can transfer all or part of his rights or assets or property from the Hengam to others at any time and in any way. In the event of the transfer of ownership or control part of the Hengam to someone else, data provided by Clients will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Terms, be permitted to use the data for the purposes for which it was originally supplied to us.
3. You remain the owner of all Personal Information and all Content collected from your Store and Hengam undertakes not to claim any ownership on this data processed through the Service.
4. By transferring the Store’s ownership, all rights and obligations of the Terms will transfer from previous to the new owner.
CHANGES OF TERMS
1. Hengam may modify the Terms and may discontinue or change any aspects of the Services at its sole discretion (on a prospective basis); provided, however, that Hengam provides adequate written or electronic notice to you of any material changes (the posting of the new Terms on the Hengam Site shall constitute effective electronic notice).
2. If Client uses the Service and does not agree to such changes, Client may terminate the subscription and use of the Service within 7 days of such changes, within which the new Terms will be effective.
3. You should review the Hengam Site regularly to be aware of changes of Terms. So you acknowledge that your use of the Service means that you have accepted the updated Terms.
4. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible to affect the intent of the parties or will be ignored, and the remainder of this Agreement will continue in full force and effect.