These Zoey App Store Terms (this “Agreement“) form an integral part of the Zoey Terms of Service available at LINK (the “TOS”). The TOS apply to users who host their e-commerce stores on the Zoey platform (the “Store” and the “Platform“, respectively).

If (as an owner or as an authorized operator of a Store) you wish to use, access, install or purchase applications, themes or other tools (collectively, “Apps“, as further detailed below) in order to build, improve or design your Store, this Agreement will apply to you in addition to the terms of our TOS.

For clarification purposes, the terms of the TOS apply to all users of our Platform. This Agreement is considered as an extension of the TOS, adding specific obligations that apply to your installation of Apps made available on our App Store (the “App Store”).

IMPORTANT:

1. BY (A) CLICKING ON THE “I AGREE TO THE ZOEY APP STORE TERMS” CHECKBOX, AND/OR (B) INSTALLING ANY APPS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
2. BY ACCEPTING THIS AGREEMENT, YOU GRANT US A PERMISSION TO COLLECT, USE, PROCESS, STORE OR TRANSFER PERSONAL INFORMATION, WHICH WILL BE USED IN ACCORDANCE WITH TERMS OF OUR PRIVACY POLICY (LINK).

Our App Store

As used in this Agreement, the term “Apps” includes, but is not limited to (a) software applications, websites or other interfaces for Stores in various categories, such as marketing, sales, social media, shipping, inventory, accounting, customer service, sales channels, etc; (b) Themes which set the look and feel for Stores; and (c) payment gateways enabling a payment system for Stores.

The App Store offers you Apps that were either developed or operated by Zoey and licensed to you by Zoey (the “Zoey Apps“), or developed by third parties and are licensed to you by such parties or their designee (the “Third-Party App(s)” and  “Provider(s)“).

We may, at any time, change, revise, amend or modify the App Store without notice. However, in the event of material changes to the App Store or the Zoey Apps which are likely to affect you, we will provide you with a thirty (30) days advanced notice of such changes.

In the event a Third-Party App or a Zoey App are to be removed from the App Store, we will publish a notice in the App Store of the expected end-of service date. We will make efforts to provide such notice at least thirty (30) days prior to takedown.

Payment

Some Apps are provided to you as an existing subscriber to our Platform, and as long as you are paying your monthly recurring fees you will be granted access to such Apps. Other Apps may require a one-time fee. In addition, some Apps may be provided for free for a limited period, at the sole discretion of Zoey. Material terms will be indicated in connection with each App.

The fees (if any) and the permitted duration of use will be indicated in the App Store in connection with each Zoey App. The payment terms in Section G of the TOS apply to your purchases of Zoey Apps. The payment terms of Third-Party Apps are published by their respective Providers.

Price Change

When you purchase a license to use the Zoey App, you will initially be charged at the rate applicable at the time of your agreement to install. If the price for the Zoey App is later changed, we will notify you and give you the option to accept or decline the price increase. The increase will apply to the next payment due from you after the notice, provided that you have been given at least thirty (30) days’ prior notice before the charge is made. If you are given less than thirty (30) days’ prior notice, the price increase will not apply until the payment after the next payment is due.

If you do not wish to pay the increased price for a Zoey App, you may cancel your subscription to the Zoey App and you will not be charged further amounts for the subscription. Note that in such event you will be able to access the Zoey App until the end of your current billing cycle.

Third-Party Apps

Each Provider, not Zoey, is responsible for its applicable Third-Party Apps. In order to use Third-Party Apps, you will be required to read and accept the applicable Provider’s terms of service (the “Provider Terms“). Such Provider Terms are a legal agreement between you and the Provider (not us), and therefore you acknowledge and confirm that:

1. The Provider is solely responsible for its Third-Party Apps, the content therein, any products or services ordered by you, maintenance and support and/or any warranties provided with respect thereto.

2. The Provider is solely responsible for addressing all claims relating to the Third-Party Apps and/or use thereof, such as: (i) product liability claims; (ii) any claim that it fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

3. We will not intervene in any disputes arising between you and the applicable Provider.

4. Zoey has no obligation to furnish any maintenance or support services with respect to the Third-Party Apps, nor is it required to provide assistance with installation or implementation.

5. The Provider may have access to personal information (including order information, payment information and account information). All or part of such information may be transferred to us for the purpose of operating the Zoey Platform. Therefore, the Provider may ask you to provide your consent for the collection, use, processing, storage and/or transmission of your data to third parties, in a manner consistent with applicable law. We will use personal information only in accordance with our privacy policy.

Zoey Apps

Subject to your payment of the applicable fees (if any), Zoey hereby grants to you a limited, worldwide, non-exclusive, revocable, non-sublicensable, nontransferable license to use the Zoey App for the purpose of building, improving or designing your Store.

Please read Sections C – I and Section K in our TOS, which apply to your use of the Zoey Apps.

We may have access to personal information (including order information, payment information and account information). We use such information for the purpose of operating the Zoey Platform and the Zoey Apps.

Privacy

We may collect and use non-personal information and personal information (e.g., IP addresses, emails, names, etc.) of Stores’ end-users. In this respect, you agree that you will (i) receive Store end-users’ consent for the collection and use of such end-users’ personal information in accordance with all applicable privacy laws; (ii) register databases to the extent required under applicable privacy laws; (iii) notify us in writing of any Store which is or may be considered as a “Child Property” under the Children’s Online Privacy Protection Act of 1998 and the rules promulgated by the Federal Trade Commission (FTC) under that Act, including but not limited to the Children’s Online Privacy Protection Rule 16 C.F.R. Part 312 (the “COPPA“), and (iv) implement means within your Store for identifying end-users under the age of thirteen (13) when the Store is not primarily directed at children under such age; all in order to enable us to block the collection or use personal information of end-users under the age of thirteen (13).

Personal Information will be used by us only in accordance with our Privacy Policy.

Intellectual Property

Apps include various content, such as software, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features, including any intellectual rights therein or related thereto (the “Content“).

As between you and us, the Content of the Zoey Apps is exclusively owned by Zoey. The Content of Third-Party Apps is owned by their applicable Providers. You hereby agree to respect and make no unauthorized use of such Content.

Third Party Components

Apps may use or include third party software, files or components that are subject to open source and/or third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components. If there is a conflict between the licensing terms of such Third Party Components and this Agreement, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. We make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components.

Warranties and Liability

The parties’ warranties and liabilities under this Agreement are the same as in our TOS. Please refer specifically to Section E therein.

Term; Termination

This Agreement remains in effect as long as you are using Apps on our App Store, as long as (A) you have paid the applicable subscription fees for the period of such use, or (B) you have paid a one-time fee for the period of such use.

This Agreement may also be terminated before the end of your paid-use if (a) you have breached the terms of this Agreement, (b) you have breached the terms of the TOS, and/or (c) we reasonably suspect that you are engaging in fraudulent activities.

Upon termination or termination of this Agreement, for any reason, (a) any amounts due and owing to Zoey prior to such termination will be due and payable by you, (b) if you purchased a Third-Party App, you may continue using it in connection with your Store, unless otherwise stated in the Provider Terms, (c) the licenses granted to you shall immediately expire and you shall discontinue using the Zoey Apps. The provisions of this Agreement that, by their nature and content, must survive the termination of this Agreement in order to achieve the fundamental purposes of this Agreement shall so survive.

YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

Last Revised: February 23, 2017