LIMITATION OF LIABILITY
All references in these terms of use and License Agreement “the Agreement” to the “website” refer to soundonyxinc.com; the “company”, “Company”, “we”, “us”, “our” all refer to Sound Onyx Inc; “you” and “your” refer to you, the user/buyer; the “app“, “App“, “product”, “products”, “Product”, refers to the Shopify app ”No Auto Default Address Swap”.
By using or accessing our website and product, you agree to be legally bound by these terms of use:
This License Agreement (“the Agreement”) is between you, the licensee, and the Company, a corporation headquartered, registered, and organized under the laws of the state of Texas. The Company owns the product and any edits, additions, customizations, and services delivered under this Agreement. This Agreement grants you a non-exclusive, non-transferable rigt to use and incorporate the product in corporate projects for the organization that purchased the product.
You agree as follows:
Limitations and Non-use
- You may not redistribute, sublicense or resell the product.
- You may not distribute, license or sell derivative, recompiled, reverse engineered, or modified versions of the product.
- You may not use the product for other organizations.
- The product is provided “as is” without a warranty of any kind, either expressed or implied.
- The Company owns all right, title, intellectual property, and interest in the product.
- The structure, formulas, design, text, graphics, selection and arrangement in the product are the copyright © of the Company, all rights reserved.
- The Company's liability to you for costs, damages, or other losses arising from your use of the product — including third-party claims against you — is limited to a refund of your app fee of the product. The Company may not be held liable for any consequential damages related to your use of the product.
We retain all right, title and interest in and to the products, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this Agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our product; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our product; or (iii) circumvent or disable any security or technological features of our product.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE PRODUCT, SERVICE, AND WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TEXAS LAW AND JURISDICTION. THIS AGREEMENT AND ANY AMENDMENTS HERETO WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. ANY ACTION TO ENFORCE THIS AGREEMENT MUST BE BROUGHT SOLELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE CITY OF AUSTIN, TEXAS.
You agree to service of process at the e-mail address on your original order. Notices may be sent to Sound Onyx Inc by email to soundonyxinc@gmail.com, or by post to Sound Onyx Inc, P.O. Box 1161, Austin, TX 78767, USA.
Indemnification
You shall defend, indemnify and hold us and our officers, directors, shareholders, and employees, harmless from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the website or your use of the product.
Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, the laws of The United States of America. Disputes arising here from shall be exclusively subject to the jurisdiction of US courts.
Entire Agreement
These terms and conditions and the Agreement represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms and conditions.
No Auto Default Address Swap Privacy Policy
No Auto Default Address Swap "the App” provides users with the ability to prevent Shopify from automatically updating the default address of customer when an order is placed with a new address "the Service" to merchants who use Shopify to power their stores.
Personal Information the App Collects
When you install the App, we are automatically able to access certain types of information from your Shopify account:
Type of Shopify plan
Contact email
Anonymous IDs of customers and Anonymous IDs of default addresses
Additionally, we collect the following types of personal information from you and/or your customers once you have installed the App: Information about you and others who may access the App on behalf of your store, such as your name, address, email address, phone number, and billing information; and information about the cookies installed on the particular device.
We collect personal information directly from the relevant individual, through your Shopify account, or using the following technologies: “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
How Do We Use Your Personal Information?
We use the personal information we collect from you and your customers in order to provide the Service and to operate the App. Additionally, we use this personal information to: Communicate with you; Optimize or improve the App; and Provide you with information or advertising relating to our products or services.
Sharing Your Personal Information
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Your Rights If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Data Retention When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Changes We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
Contact Us For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at soundonyxinc@gmail.com or by mail using the details provided below:
Sound Onyx Inc
P.O. Box 1161
Austin, TX 78767