Protecting your privacy is important to us. We hope the following statement will help you understand
how Hextom Inc. collects, uses and safeguards the personal information you provide to us.
Information we collect: data retrieved from Shopify API calls. It varies from Application to
Application based on the function and nature of the Application. It may include store information,
product information, customer information and order information
We use this information: to facilitate the functionality of our Applications; to help you manage
product data; to help track the performance of our Applications; to enable us to contact you and
provide technical support; to administer your account; to send you confirmations and email notices
of any proposed changes to our policies; to inform you about service updates and changes, new services
and related information; and to perform research aimed at improving or broadening our range of services.
Identifiable data, which could be used to disclose who you are or who your customers are, is never
shared with any third party, except as required by a competent legal authority. We don't use cookies
to collect information from visitors to your Store/website. The information we collect from you
is processed and stored on dedicated, secure servers, contracted by us from our service providers.
These servers are located in the United States. Your information is initially collected by us and
transmitted, over the internet, to those servers. There is no absolute security in transmission
over the internet or electronic data storage. We use generally accepted industry standards and
reasonable processes to ensure your data is secure and in accordance with our Privacy Policy as
outlined here. However, we do not and cannot guarantee security of information collected electronically
or transmitted. As a result, you are submitting information to us at your own risk.
Contacting us: We hope you won't hesitate to ask questions, or make comments or requests about our
Privacy Policy, our Terms of Use (Hextom Inc. End User License Agreement), or our services. Please
contact us by email at: help@hextom.com
By using a Hextom Application, I acknowledge that: I have read, and I understand, the Hextom Privacy
Policy, as well as the Terms of Use (Hextom Inc. End User License Agreement), and I agree that use
of the Hextom Application is subject to the terms of this Privacy Policy and the Terms of Use (Hextom
Inc. End User License Agreement).
Term of Use
Hextom Inc. END USER LICENSE AGREEMENT
By using a Hextom Application, I acknowledge that: I have read, and I understand, the Hextom
Privacy Policy, as well as the Terms of Use (Hextom Inc. End User License Agreement), and I
agree that use of the Hextom Application is subject to the terms of this Privacy Policy and
the Terms of Use (Hextom Inc. End User License Agreement).
Hextom Applications are available only to individuals aged 13 years or older. If you are 13
or older but under the age of 18, you should review these terms and conditions with your
parent or guardian to make sure that you and your parent or guardian understand these terms
and conditions. You affirm that you are over the age of 13, and acknowledge that Hextom Applications
are not available for children under 13 without the formally documented consent of their parent(s).
If you are under 13 years of age, then you may not use any Hextom Application without your
parents' consent.
Developer may enable access to content, information and services (including external and/or online)
through any of the Applications (collectively and individually, the Services), and as a condition
of your use of the Services, you agree to be bound by and comply with Developer's Terms of Use and
Privacy Policy as communicated by Developer at such time, each of which shall become incorporated
herein by reference. You agree that the Privacy Policy and Terms of Use may be updated from time
to time, without prior notice, and any such changes shall be effective as soon as posted. If
applicable, you should also refer back to the Terms of Use and Privacy Policy on a regular basis
so that you remain aware of the most current terms and conditions that apply to you.
1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, Developer hereby grants
to you a limited, non-transferable, non-sub-licensable, non-assignable and revocable license
(License) to install and use the Application solely for your use in operating your Shopify store.
To avoid any doubt: the Application is licensed, not sold, to you by Developer, pursuant to and
subject to the terms and conditions of this Agreement and any other applicable terms and conditions
promulgated by any third party. Developer reserves all rights not expressly granted to you herein.
You acknowledge and agree that this Agreement is between you and Developer.
2. TERM. This License is effective until terminated. You may terminate this License at any time
by deleting or otherwise destroying the software together with all copies in any form. This
License will also terminate automatically, without notice to you, if you fail to comply with
any term or condition of this License. You agree that Developer also may, at its sole discretion,
temporarily or permanently terminate the License with prior notice to you and/or terminate the
services without prior notice to you. Upon termination, for any reason, you agree to delete and/or
destroy the software together with all copies in any form. Provisions which, by their nature,
should remain in effect beyond termination of this License Agreement shall survive.
3. THIRD PARTY SERVICES AND WEBSITES. As part of your use of the Software, you may be provided
with the opportunity to access third party services and web sites (collectively and individually,
"services"). Use of the services may require Internet access and that you accept additional
terms of use. You acknowledge and agree that while Developer and such third parties may not
currently have set a fixed upper limit on the number of transmissions you may send or receive
through the services or the amount of storage space used for the provision of the service, such
fixed upper limits may be set by Developer and/or such third parties at any time, at Developer's
and/or such third parties' sole discretion. The Application software may display, include or make
available content, data, information, applications or materials from third parties or provide
links to certain third party web sites or information. Developer does not make any warranty,
endorsement, sponsorship, or recommendation of the third-party, the third-party web site, or
the information contained therein. Developer is not responsible for the availability of any
such web site or liable for the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, quality or any other aspect of such information thereon. You need to
make your own decisions regarding your interactions or communications with any other web site.
4. RESTRICTIONS. You may not rent, lease, lend, sell, redistribute or sublicense the Application.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the Application, any updates or upgrades, or any part thereof.
Any attempt to do so is a violation of the rights of Developer, its affiliates and licensors, as
applicable. The terms and conditions of the Agreement shall govern any upgrades or update provided
by Developer that replace and/or supplement the original Application, unless such upgrade is
accompanied by or references a separate license agreement in which case the terms of that license
agreement shall govern.
5. CONSENT TO USE OF DATA. All data and information collected, used and/or disclosed by Developer
and its affiliates in connection with your use of the Application and the Services, which shall
include, without limitation, all technical information about your device, system, Application software,
peripherals and the use thereof, shall be governed by and subject to the terms and conditions set
forth in the Privacy Policy.
6. PROPRIETARY RIGHTS. Developer, its affiliates and/or their respective licensors own all right,
title and interest in and to the Application, including, without limitation, all intellectual and
proprietary rights appurtenant thereto, and, except for the limited license granted to you herein,
nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter,
impair or otherwise adversely affect Developer's, its affiliates’ and/or their respective
licensors' ownership or proprietary rights therein or any other of Developer's, its affiliates' and/or
their licensors' information, processes, methodologies, products, goods, services, or materials,
tangible or intangible, in any form and in any medium. Ownership of the Application software is
protected by copyright and international treaties. Portions of the software are copyrighted
works of Hextom Inc. Except as expressly stated herein, no other rights are granted to you by
implication, estoppel, or otherwise, under any patent, copyright, trade secret, trademark, or
other intellectual property right. You may not copy the Application software other than as expressly
provided in this License. You may not reverse engineer, decompile, disassemble or otherwise
attempt to derive the source code for the software, or use any part of the software for any
use other than that for which it was supplied by Hextom Inc., unless specifically authorized by
Hextom Inc. You may not modify, adapt, alter, translate, or create derivative works from the software.
7. NO WARRANTY. You expressly acknowledge and agree that use of the Application is at your sole
risk and that the entire risk as to satisfactory quality, performance, accuracy and effort of
the Application is with you. To the maximum extent permitted by applicable law, the Application and
any services performed or provided by or in connection with the Application are provided "as is"
and "as available", with all bugs and faults and without warranty of any kind, and Developer, its
affiliates and licensors hereby disclaim all warranties and conditions with respect to the Application
and any services, either express, implied or statutory, including, without limitation, any implied
warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular
purpose, of accuracy, of quiet enjoyment, of title, and of non-infringement of third party rights.
Neither Developer, nor any of its affiliates or licensors warrants that the functions or services
contained in, accessed from, performed by, displayed on, linked to/from, or provided by, the
Application will meet your requirements, or that the operation of the Application or services
will be uninterrupted or error-free, or that defects in the Application or services will be
corrected. No oral or written information or advice given by Developer, its affiliates or any of
their respective authorized representatives shall create a warranty. Should the Application or
services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable
statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
8. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event shall Developer or
its affiliates, suppliers, channel partners and associated service providers be liable for any loss
or damage of any kind, whether direct, indirect, incidental, special, exemplary or consequential,
including, without limitation, damages for loss of profits, loss of data, data charges, business
interruption or any other commercial damages or losses, arising out of or related to your use or
inability to use the Application, however caused, regardless of the theory of liability (contract,
tort or otherwise) and even if Developer or its affiliates have been advised of the possibility of
such damages. In no event shall Developer's liability exceed the price paid for the Application by
the user. Developer or its affiliates shall not be liable should (i) the Application or any Update
be removed and/or unavailable for any reason, (ii) the Application cease to function as a result of
any modifications or updates to the operating system, changes to the 3rd party API. In any case,
the entire liability of the parties shall be limited to the amount actually paid by you to download,
copy or use the application. Some jurisdictions (e.g. countries, states and provinces) do not allow
the limitation or exclusion of liability for incidental or consequential damages, or have legislation
that restricts the limitation or exclusion of liability, so the above limitation may not
apply to you.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold Developer, its affiliates and their
respective successors and assigns, officers, directors, employees, agents, licensors, representatives,
advertisers, service providers, and suppliers harmless against any and all claims, demands,
actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or
relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any
violation of the rights of any other party, (c) violation or non-compliance with any applicable law,
rule or regulation, and (d) use, alteration or export of the Application (or any component thereof)
in violation of this Agreement.
10. CONTINUED USE OR AVAILABILITY. Developer and its affiliates reserve the right to modify, update,
supplement, limit, discontinue, remove or disable access to the Application and/or any Services without
notice to you, and neither Developer, its affiliates nor any of their respective licensors shall be
liable to you or any third party should it exercise such rights.
11. UPDATES AND UPGRADES. You are only granted the right to the version of the Application as provided
when purchased and solely incorporating the features and functionality provided with such version.
You are not granted any rights to any updates, upgrades, future versions, modifications, supplements,
and/or additional features and components (including any online or external functionality or Services) of
the Application that may subsequently be made available by Developer with the Application or for use
with the Application (collectively the Updates). From time to time, Developer may make available
Updates to the Application via software download or other means. Such download may occur
automatically without the need for any act on your part, or it may require you to manually
download an update or upgrade through the same source from which the Application was originally
downloaded. Certain functions of the Application may be modified or discontinued as a result of
any such update or upgrade, or may not be available if you have not downloaded all Updates made
available by Developer or otherwise. Developer may, in its sole and absolute discretion, provide
you free of charge with Updates to the Application but reserves itself the right to charge
additional sums for such Updates, the amount of which shall be determined by Developer in
its sole and absolute discretion. Developer does not warrant, represent nor undertake to
provide Updates and in no event shall Developer incur any liability for a failure to do so.
Developer may, in its sole and absolute discretion, by means of Updates or otherwise, offer
Services as a complement to the Application and reserves to itself the right to charge additional
sums for same, including a monthly or yearly fee or a fee based on usage.
12. CHANGES TO THE AGREEMENT. Developer may make changes to this Agreement, at any time and from
time to time, by notifying you of the change, including, without limitation, by including notice
on the Services or by other electronic means, and a new copy of this Agreement shall be made
available on the Services. By using the Application and/or any Services after such changes are
made to the Agreement, you signify that you agree to be bound by and comply with such changes and
Developer shall treat your use as acceptance of the changed provisions.
13. GOVERNING LAW AND INTERPRETATION. To the extent not prohibited by law, you agree (a) that
this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder
shall be governed by, and construed in accordance with, the substantive law of the province of
Ontario, Canada including the laws of Canada applicable therein (b) to irrevocably submit to
the sole and exclusive jurisdiction of the courts of province of Ontario, situated in the
City of Toronto, Ontario and (c) to irrevocably consent to the exercise of personal jurisdiction by
such courts and waive any right to plead, claim or allege that the City of Toronto, Ontario
is an inconvenient forum. No failure or delay by Developer, its affiliates or licensors to
exercise any right or enforce any obligation shall impair or be construed as a waiver or
ongoing waiver of that or any or other right or power. If any provision of this Agreement is
held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall
be unimpaired and remain in full force and effect. You may not assign your rights under this
Agreement without Developer's prior written permission and any attempt by you to do so shall
be void. Any provision of this Agreement which by its nature must survive the termination of
this Agreement in order to give effect to its meaning shall survive such termination. This
Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. Your use of the
Application may also be subject to other local, state, provincial, national or international
laws and use of the Application may be prohibited by law in some jurisdictions. By using the
Application you certify that the laws of the jurisdiction in which you are using the
Application permit the use of it.
14. EXPORT LAW ASSURANCES. You may not use or otherwise export or re-export the Application
software except as authorized by laws of the jurisdiction in which the software was obtained.
In particular, but without limitation, the software may not be exported or re-exported (a)
into (or to a national or resident of) any embargoed countries, or (b) to anyone on a list of
persons designated by the competent authorities of the jurisdiction in which the software was
obtained as being persons to whom software should not be provided. By using the Application's
software, you represent and warrant that you are not located in, under control of, or a
national or resident of any such country or on any such list.
15. U.S. FEDERAL ACQUISITIONS. This Section 16 applies to all acquisitions of the Application
software by or for the U.S. federal government, or by any prime contractor or subcontractor
(at any tier) under any contract, grant, cooperative agreement or other activity with the
federal government. The software is a "commercial item" as that term is defined in
48 C.F.R. 2.101 (October, 2004) consisting of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3,
227.7202-4 (October, 2004). If you are in the U.S. Government or any agency or department
thereof, the Software is licensed (a) only as a commercial item and (b) with only those
rights as are granted hereunder. Unpublished-rights are reserved under the copyright laws of
the United States.
16. EUROPEAN COMMUNITY PROVISIONS. If you obtained this Software within a country of the
European Community, nothing in this License shall be construed as restricting any rights
available under the European Community Software Directive (91/250/EEC).
17. USER OUTSIDE CANADA AND THE U.S. If you are using the Software outside the Canada and
the U.S., then the provisions of this Section shall apply: (i) Les parties confirment que
le prèsent Accord et toute la documentation connexe est et sera en langue anglaise.
(translation: "The parties confirm that this Agreement and all related documentation is and
will be in the English language."); (ii) you are responsible for complying with any local
laws in your jurisdiction which might impact your right to import, export or use the Software,
and you represent that you have complied with any regulations or registration procedures
required by applicable law to make this license enforceable; and (iii) if the laws
applicable to your use of the Application would prohibit the enforceability of this
Agreement, or impose any additional burdens on Developer, or confer any rights to you
that are materially different from the terms and conditions of this Agreement, then you
are not authorized to use the Software and you agree to remove it from your device.
18. "Hextom" is a trademark of Hextom Inc. and is not to be used without proper acknowledgement.
All other trademarks appearing through the use of the services or the Application or the
associated websites are the property of their respective owners.
20. You acknowledge that you have read this Agreement and the Privacy Policy Statement, that
you understand it, that you agree to be bound by its terms, and that the foregoing and the
Privacy Policy Statement are the complete and exclusive statement of the Agreement and the
Privacy Policy, covering everything agreed upon or understood in connection with the subject
matter of this transaction and supersedes all prior or contemporaneous agreements or understandings,
whether oral or written. There are no oral promises, conditions, representations, understandings,
interpretations, or terms of any nature or kind, statutory or otherwise, as conditions or
inducements to enter into this Agreement or in effect between Developer and you upon which
you are relying relating to this Agreement or otherwise. A copy of this Agreement and the
Privacy Policy Statement may be found at the website: www.Hextom.com.
21. CONTACT INFORMATION. You may contact Developer at:
Hextom Inc.
35 Bastion St.
Toronto ON, M5V0C2
help@hextom.com
