Terms of Service
The short version
- ImportKit is a business tool that writes data from your CSV files into your Shopify store, on your instruction.
- Imports change your live store and can't be undone by ImportKit. Use the free pre-import check, and keep your own backups.
- You pay for one-time credit packs through Shopify. One credit is used per row that is written. Rows that aren't written aren't charged.
- You own your data. We only use it to run your imports and support you.
- The service is provided "as is", and our liability is limited as set out in section 15.
This summary is for convenience only. The full Terms below are what apply.
- 1. Agreement
- 2. Definitions
- 3. Eligibility and business use
- 4. The Service
- 5. Shopify and access permissions
- 6. Imports are irreversible
- 7. Your data
- 8. Credits, billing and refunds
- 9. Acceptable use
- 10. Suspension
- 11. Availability, support and changes
- 12. Intellectual property
- 13. Confidentiality
- 14. Disclaimer of warranties
- 15. Limitation of liability
- 16. Indemnity
- 17. Term and termination
- 18. Changes to these Terms
- 19. Governing law and disputes
- 20. Export and sanctions compliance
- 21. General
- 22. Contact
- Schedule 1: Data processing terms
1. Agreement
These Terms of Service (the "Terms") form a binding agreement between ImportKit ("ImportKit", "we", "us" or "our"), and the business that installs or uses the Service ("you" or "Merchant").
By installing the ImportKit application on a Shopify store, approving a credit purchase, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use the Service.
If you accept these Terms on behalf of a company, a client or another person (for example, as an agency, freelancer or staff member), you confirm that you have authority to bind that person to these Terms, and "you" refers to that person.
2. Definitions
- "App"
- The ImportKit application that runs embedded in the Shopify admin.
- "Service"
- The App, this website, the documentation, CSV templates, and any related support we provide.
- "Store"
- A Shopify store on which the App is installed.
- "Import File"
- Any CSV or other file you upload to the Service.
- "Merchant Data"
- Import Files, the data they contain, and data in your Store that the Service accesses to perform an import.
- "Import"
- A job you start that reads an Import File and writes its contents to your Store.
- "Pre-import Check"
- The read-only analysis the App offers before an Import, which reports what each row is expected to do.
- "Credits"
- Prepaid units, purchased in packs, that are used to run Imports as described in section 8.
- "Shopify"
- Shopify Inc. and its affiliates, which operate the platform your Store runs on.
3. Eligibility and business use
- The Service is provided to businesses only, for use in the course of trade. It is not offered to consumers, and you confirm that you are not acting as a consumer.
- You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract.
- You must have an active Shopify store and the right to install apps on it.
- You may not use the Service if you are barred from doing so under applicable law, including the sanctions laws described in section 20.
4. The Service
The Service lets you upload Import Files, match their columns to Shopify fields, run a Pre-import Check, and write the data to your Store through Shopify's Admin API. At the effective date it supports metafield definitions, metafield values, metaobject definitions, metaobject entries and blog articles. The current feature set is described in the documentation.
The Service acts on your instructions. You choose the file, the column mapping, how existing records are treated (the conflict mode) and when to start. The Service performs the writes those choices describe. It does not review, edit or approve the content of your data.
Features described as "coming soon", "coming very soon", "planned" or similar are statements of current intention only. They are not a commitment to deliver any feature by any date, and you should not rely on them when deciding to use or pay for the Service.
5. Shopify and access permissions
ImportKit is an independent application. We are not Shopify, we are not affiliated with or endorsed by Shopify, and Shopify is not a party to these Terms. Your use of Shopify remains governed by your agreement with Shopify, and nothing in these Terms changes it.
When you install the App, Shopify asks you to grant it access scopes. The App requests only the scopes listed in the permissions reference and shown on Shopify's install screen. By installing, you authorise us to use that access to perform the Imports and Pre-import Checks you request, to display results to you, and to provide support you ask for. You can revoke access at any time by uninstalling the App.
The Service depends on Shopify's platform and API, which Shopify may change, limit or interrupt. We are not responsible for Shopify's acts or omissions, including outages, rate limits, changes to its API or policies, or its decisions about your Store or the App.
6. Imports are irreversible
Please read this section carefully. An Import creates or updates real data in your live Store. The Service has no undo, rollback or delete function, and it does not keep copies of values it overwrites.
- Choosing the "Update" conflict mode replaces existing values on the records your rows target.
- Blog articles are never matched to existing articles, so importing the same article rows twice creates duplicate articles.
- For some import types, a blank cell may be sent to Shopify as a blank value. The documentation explains how each type treats blank cells.
- The Pre-import Check reflects your Store at the moment it runs, is not available for every import type or for very large files, and cannot guarantee how Shopify will treat each row. Shopify has the final say on what it accepts.
You are solely responsible for:
- reviewing your Import File, your column mapping, your conflict mode and the Pre-import Check results before you start an Import;
- testing on a development or staging store where appropriate;
- keeping your own backups of your Store data; and
- the results of Imports you start, including any need to correct your Store afterwards.
The Service is not a backup, archiving or version-control service.
7. Your data
Ownership
As between you and us, you own all Merchant Data. We claim no ownership of it.
Licence to us
You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Merchant Data only as needed to provide, secure and support the Service, to comply with law, and to enforce these Terms. This licence ends when the Merchant Data is deleted in line with the Privacy Policy.
Your promises about your data
For every Import File and every Import, you confirm that:
- you have all rights, licences and permissions needed to upload it and to have its contents written to the Store;
- it does not infringe or misappropriate anyone's intellectual property, privacy, publicity or other rights;
- it does not contain malware or content that is unlawful, defamatory, obscene or deceptive; and
- where it contains personal data, you have a lawful basis to process it and to instruct us to process it, and you have given any notices required by law.
Please do not include personal data in Import Files unless you need it for the Import. Columns you set to "Ignore" are not sent to Shopify, but the uploaded rows, including ignored columns, are stored with the Import as described in the Privacy Policy. If you don't want data held by the Service, remove it from the file before uploading.
Personal data
To the extent we process personal data contained in Merchant Data on your behalf, we act as your processor (or service provider) and the data processing terms in Schedule 1 apply. How we handle personal data for which we are the controller is described in the Privacy Policy.
Aggregated information
We may compile aggregated, de-identified information about use of the Service (for example, counts of Imports or rows processed) to operate and improve it, provided it does not identify you, your Store or any individual.
8. Credits, billing and refunds
Free features
Installing the App, downloading templates, uploading files, mapping columns and running the Pre-import Check are free.
How Credits work
- Imports are paid for with Credits. One Credit is used for each row that the Service successfully creates or updates in your Store.
- A Credit is set aside before a row is written and returned to your balance if the row is not written. Rows that are skipped, reported as conflicts, rejected, fail, or are interrupted with an unknown outcome do not use a Credit.
- If your balance runs out during an Import, the Import stops. Rows written before that point remain in your Store and use Credits.
- Credits are sold in one-time packs at the prices shown on the pricing page and in the App at the time of purchase. There is no subscription and no recurring charge.
Payment through Shopify
Purchases are made as one-time application charges through Shopify's billing system. You approve each charge on Shopify's confirmation screen, and it appears on your Shopify bill. Shopify's terms govern the payment itself, and we never receive your card or bank details. Prices are in US dollars and exclude taxes unless stated otherwise. You are responsible for any taxes that apply to your purchase, except taxes on our income.
Nature of Credits
- Credits are a prepaid right to use the Service. They are not money, e-money, a stored-value instrument or property, have no cash value, and cannot be exchanged for cash.
- Credits belong to the Store that purchased them and cannot be transferred, sold or moved to another Store.
- Credits do not expire while the App remains installed on the Store.
- If you uninstall the App, Shopify sends us a request to delete the Store's data, normally 48 hours later. When we act on that request, the Store's Credit balance is deleted with it and cannot be restored, including if you reinstall later. Unused Credits are forfeited at that point without refund, except as stated below or where the law requires otherwise.
Refunds
Because Credits are used only when rows are written, packs are generally non-refundable once purchased. We will, however, refund a purchase, or restore Credits, where Credits were used because of a fault in the Service, or where a purchase was clearly made in error and none of its Credits have been used. To request one, email support@importkitapp.com within 30 days of the charge, with your Store domain and the details. Refunds we agree to are issued through Shopify. Nothing in this section limits any right to a refund that you have under applicable law.
Disputed charges
Please contact us before disputing a charge with Shopify or your bank. If a charge is reversed, we may deduct the corresponding Credits, or suspend the Service for that Store until the matter is resolved.
Price changes and errors
We may change the price or size of packs at any time. Changes apply only to purchases made after the change, and Credits already on your balance keep their value. If a price is displayed in error, we may cancel the affected purchase and refund it.
9. Acceptable use
You must not, and must not allow anyone else to:
- use the Service in breach of law, of Shopify's terms or policies, or of anyone's rights;
- import content that is unlawful, infringing, defamatory, obscene, harassing, deceptive or harmful;
- upload malware, or files designed to exploit, overload or disrupt the Service;
- access or attempt to access another merchant's data, or any part of the Service you are not authorised to use;
- circumvent the Credit system, usage limits, security measures or permission checks, or Shopify's API limits;
- probe, scan or test the vulnerability of the Service without our prior written permission;
- copy, modify, reverse engineer, decompile or create derivative works of the Service, except to the extent the law expressly permits despite this restriction;
- resell, sublicense, rent or provide the Service to third parties as a standalone service, other than using it for Stores you manage for clients; or
- use the Service or information about it to build a competing product.
10. Suspension
We may suspend all or part of the Service for a Store, with notice where practical, if we reasonably believe that: (a) you have breached section 9 or another material term; (b) your use poses a security, legal or operational risk to the Service, to other merchants or to our relationship with Shopify; or (c) we are required to by law or by Shopify. We will lift a suspension once the cause is resolved. Suspension does not entitle you to a refund where the cause was your breach.
11. Availability, support and changes
We work to keep the Service available and reliable, but we do not guarantee any level of availability, speed or uptime. Imports run on our servers and depend on Shopify's API, so maintenance, outages, rate limits and other events on either side may delay or interrupt them. An interrupted Import stops safely and can usually be continued as described in the documentation.
Support is provided by email at support@importkitapp.com on a reasonable-efforts basis, without guaranteed response times.
We may add, change or remove features and limits (such as file size or row limits). If a change materially reduces the core functionality you have paid for, we will give reasonable notice where practical, and you may request a refund of unused Credits from packs purchased in the 90 days before the change.
12. Intellectual property
We and our licensors own the Service, including its software, design, documentation, templates, name and logo, and all related intellectual property rights. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Service for your internal business purposes, on Stores you own or are authorised to manage, while these Terms are in force. All rights not expressly granted are reserved.
You may freely use, modify and share the CSV templates the App generates.
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you. You are not required to send any.
Shopify and related marks are trademarks of Shopify Inc. and are used only to describe compatibility.
13. Confidentiality
Each party will keep confidential any non-public information the other discloses that is marked confidential or is reasonably understood to be confidential, and will use it only for purposes of these Terms. This does not apply to information that is or becomes public through no fault of the recipient, was already known to it, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where required by law, giving the other party prompt notice where lawful. Merchant Data is treated as your confidential information.
14. Disclaimer of warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade.
Without limiting the above, we do not warrant that:
- the Service will be uninterrupted, timely, secure or error-free;
- any Import will complete, or complete within a particular time;
- the Pre-import Check will predict every outcome; or
- the data written to your Store will meet your expectations, where it reflects your file, mapping or settings.
Some jurisdictions do not allow certain warranties to be excluded. In those jurisdictions, the exclusions above apply to the fullest extent permitted.
15. Limitation of liability
To the maximum extent permitted by law:
- Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sales, business, goodwill or anticipated savings, or for any loss or corruption of data, however caused and on any theory of liability, even if advised of the possibility.
- Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for Credits in the twelve (12) months before the event giving rise to the claim, and (b) US$100.
These limits apply whether the claim arises in contract, tort (including negligence), statute or otherwise, and even if a remedy fails of its essential purpose. They do not limit liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for your payment obligations, for your obligations under section 16, or for any other liability that cannot be limited or excluded by law.
You acknowledge that the prices of the Service reflect this allocation of risk, and in particular your responsibilities under section 6.
16. Indemnity
You will defend, indemnify and hold harmless ImportKit and its officers, employees and contractors from and against any third-party claims, and related losses, damages, fines and reasonable costs (including legal fees), arising from: (a) Merchant Data or its use as you instructed; (b) your breach of sections 7 or 9; or (c) your violation of law or of a third party's rights. We will notify you promptly of any such claim, let you control its defence (without settling in a way that admits fault on our behalf without our consent), and give you reasonable cooperation at your expense.
17. Term and termination
These Terms apply from when you first install or use the Service until terminated.
- By you: you may stop using the Service at any time by uninstalling the App from each Store.
- By us: we may terminate these Terms for a Store on written notice if you materially breach them and don't remedy the breach within 14 days of notice, or immediately if the breach can't be remedied or involves section 9. We may also discontinue the Service entirely on at least 30 days' notice, in which case we will refund unused Credits.
On termination, your right to use the Service ends. Merchant Data is deleted as described in the Privacy Policy. Sections 6, 7 (Ownership and Aggregated information), 8 (Nature of Credits and Disputed charges), 12 to 16, 19 and 21, and any other terms that by their nature should survive, survive termination.
18. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and change the "last updated" date. If a change is material, we will give at least 30 days' notice in the App or by email where we have an address for you, unless the change is required sooner by law or to address a security risk. Changes do not apply retroactively. If you continue to use the Service after a change takes effect, you accept the updated Terms. If you don't accept them, uninstall the App before they take effect, and you may request a refund of Credits that remain unused at that time.
19. Governing law and disputes
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the jurisdiction in which ImportKit is established, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting formal proceedings, a party must notify the other in writing and both will try in good faith to resolve the dispute for 30 days. After that, the courts of that jurisdiction have exclusive jurisdiction, and each party submits to them. Either party may seek urgent injunctive relief in any competent court to protect its intellectual property or confidential information.
20. Export and sanctions compliance
You confirm that you are not located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, and that you are not named on, or owned or controlled by anyone named on, any government list of restricted or sanctioned parties. You will not use the Service in breach of export control or sanctions laws.
21. General
- Entire agreement. These Terms, the Privacy Policy and Schedule 1 are the entire agreement between us about the Service and replace any prior agreements on that subject. If they conflict, Schedule 1 governs on the processing of personal data, and these Terms govern otherwise.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, with notice to you.
- Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including failures of Shopify, hosting or network providers, other than payment obligations.
- Notices. We may give notices through the App or by email to the address associated with your Store. You may give notices to legal@importkitapp.com. Notices by email are received on the next business day after sending.
- Electronic communications. You agree to receive communications electronically, and that they satisfy any legal requirement for writing.
- Severability. If any provision is held unenforceable, it will be enforced to the maximum extent possible and the rest of these Terms remain in effect.
- No waiver. A failure or delay in enforcing a provision is not a waiver of it.
- Relationship. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
- Third parties. No one other than you and us has any right to enforce these Terms.
- Language and headings. These Terms are written in English, which governs over any translation. Headings are for convenience only.
22. Contact
Support: support@importkitapp.com
Legal notices: legal@importkitapp.com
Schedule 1: Data processing terms
This Schedule applies when we process personal data contained in Merchant Data on your behalf ("Merchant Personal Data"), and is intended to meet the requirements of Article 28 of the EU General Data Protection Regulation and the UK GDPR, and equivalent requirements of other data protection laws, including the California Consumer Privacy Act as amended ("Data Protection Laws").
- Roles. You are the controller (or business) and we are the processor (or service provider) of Merchant Personal Data.
- Subject matter, nature and purpose. Hosting, storing, analysing and transmitting Merchant Personal Data to run Pre-import Checks and Imports into your Store, show you results, and provide support.
- Duration. For as long as we provide the Service to the Store, and until deletion in line with paragraph 9.
- Categories of data and data subjects. Whatever personal data you choose to include in Import Files, which may include names, contact details or other information about your staff, authors, customers or other individuals. The Service is not designed for special category data, and you must not upload it.
- Instructions. We process Merchant Personal Data only on your documented instructions, which are these Terms and your use of the App, unless required otherwise by law, in which case we will tell you before processing unless the law prohibits it. We will inform you if we believe an instruction infringes Data Protection Laws.
- Restrictions. We will not sell or share Merchant Personal Data, retain, use or disclose it for any purpose other than providing the Service, or combine it with personal data we receive from other sources, except as Data Protection Laws permit for service providers.
- Confidentiality and security. We ensure that people authorised to process Merchant Personal Data are bound by confidentiality, and we implement appropriate technical and organisational measures, described in the Privacy Policy.
- Sub-processors. You authorise us to use the sub-processors listed in the Privacy Policy. We will give at least 14 days' notice of a new sub-processor by updating that list and notifying you where we have contact details. You may object on reasonable data protection grounds, and if we can't address the objection, your remedy is to stop using the Service and receive a refund of unused Credits. We impose data protection obligations on each sub-processor that are no less protective than this Schedule and remain responsible for its performance.
- Deletion. Merchant Personal Data is deleted when we act on Shopify's shop redaction request after uninstall, or earlier on your written request, unless law requires us to keep it.
- Assistance. Taking into account the nature of the processing, we will reasonably assist you with requests from individuals exercising their rights, and with security, breach notification, impact assessments and consultations with authorities, as required by Data Protection Laws.
- Personal data breaches. We will notify you without undue delay, and in any event within 72 hours, after becoming aware of a personal data breach affecting Merchant Personal Data, with the information reasonably available to help you meet your obligations.
- Transfers. Where Merchant Personal Data is transferred outside the EEA, the UK or Switzerland to a country without an adequacy decision, the parties agree that the EU Standard Contractual Clauses (Module 2, controller to processor, or Module 3 where you are yourself a processor) and the UK International Data Transfer Addendum are incorporated by reference, with the optional clauses omitted, the governing law and forum being Ireland, and the information in this Schedule completing their annexes.
- Audits. We will make available information reasonably necessary to demonstrate compliance with this Schedule. Where that is not sufficient, you may request an audit on at least 30 days' notice, no more than once a year, during business hours, at your expense and subject to confidentiality.