Store Hours, Vacation and Dispatch Times: Terms of Service

1. Acceptance of Terms

By installing, accessing, or using this application ("App"), you ("you", "your", or "Merchant") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the App.

These Terms apply to the specific application named at the top of this page, developed and maintained by EvolRed ("we", "our", "us"). These Terms form a binding agreement between you and EvolRed.

2. Definitions

• App: The Shopify application identified at the top of this page, including its admin pages, theme app extensions, Shopify Functions and all updates.
• Store: The Shopify store on which the App is installed.
• Free Plan: The App's plan that costs nothing, where the App offers one.
• Paid Plan: A plan billed by Shopify on your Shopify invoice, at the price shown on the App Store listing.
• User: Any staff member of your Store who uses the App.

3. Licence Grant

Subject to your compliance with these Terms, EvolRed grants you a limited, non-exclusive, non-transferable, revocable licence to:

• Install and use the App on each Store where you install it from the Shopify App Store
• Allow your Store's staff to use the App's functionality
• Display the App's storefront blocks to your shoppers

This licence lasts until you uninstall the App or these Terms end.

4. Restrictions

You agree not to:

• Copy, modify, adapt, translate, distribute, sell, lease, sublicence, or create derivative works based on any part of the App
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App
• Use the App in any manner that violates applicable laws, regulations, or Shopify's terms
• Attempt to circumvent any plan limits, billing, access controls, or usage limitations
• Remove, alter, or obscure any proprietary notices, branding, or attribution within the App
• Use the App to store or process data that you do not have the legal right to process
• Access the App's APIs or servers outside of the intended user interface, or use automated tools to interact with the App in ways its documentation does not support
• Resell, redistribute, or provide access to the App to third parties

5. Shopify Terms

This App is distributed through the Shopify App Store. Your use of the App is also subject to the Shopify Terms of Service. Shopify is not a party to these Terms and is not responsible for the App.

6. Pricing, Payment, and Refunds

Free Plan

Where the App has a Free Plan, it is free with no time limit. We may change what the Free Plan includes, with reasonable notice.

Paid Plans

Paid Plans are chosen and managed in Shopify and billed by Shopify on your Shopify invoice, in your Shopify billing currency, until you change plan or uninstall the App. Prices are shown on the App Store listing. We will give at least 30 days' notice before raising the price of a plan you are on.

Refunds

Charges are collected by Shopify. To ask for a refund, email [email protected]. Where we agree to one, it is issued through Shopify.

7. Free Trial

Where a Paid Plan includes a free trial, the length is shown when you choose the plan in Shopify. You are not charged during the trial. If you uninstall the App or move to the Free Plan before the trial ends, you are not charged for that Paid Plan.

8. Updates and Changes

EvolRed may release updates, patches, or new versions of the App from time to time. These updates may:

• Be applied automatically
• Introduce new features, modify existing features, or remove features
• Ask for new access scopes, which Shopify asks you to approve before they apply

We will document significant changes in the App's changelog. We reserve the right to modify, suspend, or discontinue any part of the App at any time. Where reasonably practicable, we will give at least 30 days' notice before discontinuing the App or a Paid Plan.

9. Intellectual Property

The App, including its design, code, documentation, and branding, is the intellectual property of EvolRed and is protected by applicable copyright and intellectual property laws.

• You do not acquire any ownership rights in the App by installing or using it
• All trademarks, logos, and brand elements displayed within the App are the property of EvolRed or their respective owners
• Feedback, suggestions, or ideas you provide about the App may be used by EvolRed without obligation to you

Your Store's data remains your property. We claim no ownership of any data processed by the App. See the App's Privacy Policy for how data is handled.

10. Your Responsibilities

As a user of the App, you are responsible for:

• Ensuring you have the authority to install and use the App on behalf of your Store
• Maintaining the security of your Shopify account and staff accounts
• Checking that the App's settings are correct for your Store, and that what the App shows your shoppers (for example messages, opening hours or dispatch dates) is accurate and meets the consumer laws that apply to you
• Using the App in compliance with all applicable laws and regulations
• Reviewing the App's access scopes before installation

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVOLRED DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA PROCESSED OR SHOWN BY THE APP
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

No advice or information, whether oral or written, obtained from EvolRed or through the App shall create any warranty not expressly stated in these Terms.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• EVOLRED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF SALES OR PROFITS, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, EVEN IF EVOLRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• FOR PAID PLANS, IN NO EVENT SHALL EVOLRED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• FOR THE FREE PLAN AND FREE TRIAL PERIODS, THE APP IS PROVIDED ENTIRELY AT YOUR OWN RISK. EVOLRED ACCEPTS NO LIABILITY WHATSOEVER ARISING FROM YOUR USE OF THE APP. YOU ACKNOWLEDGE THAT THE APP IS PROVIDED FREE OF CHARGE AND THAT THIS EXCLUSION OF LIABILITY IS REASONABLE AND PROPORTIONATE.

These limitations apply regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, EvolRed's liability shall be limited to the greatest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless EvolRed, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the App or any violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any data processed by the App on your behalf that you did not have the legal right to process
• Any dispute between you and a shopper or other third party relating to the App

14. Termination

By You

You may terminate these Terms at any time by uninstalling the App from your Store. Billing for Paid Plans stops when you uninstall. 48 hours after uninstall, Shopify asks us to erase your Store's data, and we delete everything we hold for your Store.

By EvolRed

EvolRed may terminate or suspend your access to the App at any time if:

• You breach any provision of these Terms
• Shopify suspends or closes your Store, or removes the App from the App Store
• We are required to do so by law or a valid legal order
• We discontinue the App (with reasonable notice where practicable)

Effect of Termination

Upon termination, your licence to use the App ceases immediately. Sections of these Terms that by their nature should survive termination will remain in effect, including Sections 9 (Intellectual Property), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Governing Law).

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with applicable law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in the applicable jurisdiction.

Before initiating any formal legal action, you agree to first contact EvolRed at [email protected] to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within 30 days of receiving your notice.

16. Force Majeure

EvolRed shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, Shopify platform outages, pandemics, or acts of terrorism.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the App's Privacy Policy, constitute the entire agreement between you and EvolRed regarding the App. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the App.

19. Assignment

You may not assign or transfer your rights under these Terms without EvolRed's prior written consent. EvolRed may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.

20. Waiver

The failure of EvolRed to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by EvolRed.

21. Changes to These Terms

We may revise these Terms from time to time. When we do:

• The date shown at the top of this page will be updated
• Material changes will be communicated through the App's changelog or App Store listing
• Continued use of the App after changes take effect constitutes acceptance of the revised Terms

If you do not agree with the revised Terms, you must stop using the App and uninstall it.

22. Contact

For legal enquiries regarding these Terms:

Email: [email protected]

For technical support, use the Support page for this App.