Terms & Conditions

These Terms of Service are published in accordance with applicable laws and regulations of India, including, where applicable, the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time.

StarApps Studio LLP is incorporated under the laws of India with its registered office at WeWork Eleven West, Survey No. 25, Pan Card Club Road, Baner, Pune, Maharashtra 411045 (hereinafter referred to as “StarApps”, which expression shall mean and include its partners, affiliates, successors and permitted assigns). StarApps Studio is an online platform owned and operated by StarApps, that assists eCommerce brands (“Merchants”) in creating world-class shopping experiences through its range of Shopify applications (“Apps”). 

The Apps are made available through the Shopify app store and are installed by Merchants within their respective Shopify stores and Shopify administration interfaces (“Merchant Store”) and used by end-users through such Merchant Store. The Platform does not host the Merchant Store.

Please read these terms of service (“Terms of Service”) and the Privacy Policy, available at https://starapps.io/privacy-policy(together, these “Terms”) carefully as they form a contract between StarApps and the Merchants who install, access or use the Apps, and individuals who access or use the Website, to the extent applicable to such access or use (collectively “Users” / “you” / “your”) and StarApps and govern use of and access to the Website and Apps by Users and presence of the Apps on the Merchant Store. For the purposes of these Terms, shoppers or other end-users who merely visit, browse or make purchases through a Merchant Store are not Users or parties to these Terms solely by reason of such activity. Their interactions with the Merchant Store are governed by the Merchant’s applicable terms and policies. This exclusion does not affect any rights or obligations relating to the processing of their Personal Data under applicable law or StarApps’ Privacy Policy. By clicking "Install," "Add App," "Authorize," or otherwise downloading, accessing, or integrating any of the Apps through the Shopify App Store, the Merchant or its duly authorised representative expressly acknowledges and agrees that they are entering into a legally binding contract with StarApps. This digital action constitutes a legally binding "clickwrap" agreement, serving as an electronic record of the Merchant’s acceptance of these Terms of Service and StarApps’ Privacy Policy, to the extent recognised under applicable law. A shopper’s use of a Merchant Store does not, by itself, constitute acceptance of these Terms or create a contractual relationship between the shopper and StarApp under these Terms.

You explicitly acknowledge that during the installation process, Shopify displays a data permissions and authorization screen detailing the specific store data the App requires to operate. By clicking to authorize the App, you grant the App the specified access permissions and reaffirm your consent to be bound by these Terms of Service.

If you do not agree to these Terms of Service or object to granting the requested data permissions, you must immediately cancel the installation process, refrain from using the App, and delete the App from your Shopify store dashboard.

In the event of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service shall prevail with respect to contractual matters, and the Privacy Policy shall govern the collection, use, storage, disclosure and other processing of Personal Data and other privacy-related matters.

By agreeing to these Terms of Service, you represent that you have the right, power and authority to, and do, accept these Terms of Service and that the User is a person who is competent to contract within the meaning of the Indian Contract Act, 1872.

1. Applicability:

The provisions relating to a free trial and subscription to the Platform through a Subscription Plan apply to Users during their free trial and subscription. Subject to your compliance with the Terms of Service and solely during the Subscription Term, you have the limited, non-exclusive, and revocable right to access and use the Platform for your internal business purposes. You shall be responsible for use of the Apps through your Account by any third parties. You may subscribe to one or more of the Apps through your Shopify store. They may be subject to separate and distinct Subscription Plans.

2. User Account:

a) Merchants install and start using the Apps directly through the Shopify App Store upon approving the required permissions (including store name, owner name, and email address received from Shopify), without requiring a separate sign-up form, standalone username, or password . Where applicable, access to the App is managed directly within the Merchant’s Shopify administration interface.

b) You agree to provide true, accurate, current and complete information about yourself as prompted by Shopify during installation. If you provide information that is untrue, inaccurate, not current or incomplete or StarApps has reasonable grounds to suspect that you have provided such information, then StarApps may (in addition to any other rights or remedies available to StarApps) restrict, suspend or terminate your access to the Platform or any portion thereof, subject to applicable law and these Terms of Service.

c) When you install an App via Shopify, your basic store details received from Shopify are registered automatically in StarApps’ database and maintained in accordance with the Privacy Policy. Information updates are synchronized via Shopify or can be updated by contacting StarApps.

d) Without prejudice to StarApps’ obligations under Sections 9 and 10 of these Terms of Service, you are solely responsible for the confidentiality of Service Data at your end. You should, therefore, not share your Shopify administrator credentials with any third parties. In any event, unless you notify StarApps of any unauthorized use or suspicious activity in your Account, you are responsible for all activities that occur under your Account or on the Merchant Store. StarApps will not be liable for any damage or loss that may result from your failure to protect your Shopify administrator credentials or Merchant Store. Without limiting the foregoing, you are solely responsible for ensuring that your use of the App to store and transmit Service Data is compliant with all applicable laws and regulations. You shall be responsible for determining whether the App or the information generated thereby is accurate or sufficient for your purposes.

e) If you become aware of any actual or suspected unauthorised access, misuse, security vulnerability, or activity by a Bad Actor involving your Account or the Merchant Store or the App, you must promptly notify StarApps and provide reasonable cooperation in investigating and mitigating the incident.

3. ACCESS TO THE PLATFORM

a) All Users of the Platform must use the Apps lawfully and in accordance with these Terms of Service. Merchants are solely responsible for all content on the Merchant Store and must have the rights and permissions necessary to provide it. Nothing in this clause gives a User permission to access features of any of the unsubscribed Apps that require an active subscription, specific authorisation or other access rights that the User has not obtained. Shoppers who merely visit or transact through a Merchant Store are not subject to these Terms solely by reason of such activity.

b) Restricted Use: You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the App available to any third party, other than in furtherance of your internal business purposes as expressly permitted by these Terms of Service; (b) use the App to Process data on behalf of any third party other than your customers; (c) modify, adapt, or hack the Platform or otherwise attempt to gain or gain unauthorized access to the Platform or related systems or networks; (d) use the Platform in any unlawful manner, including but not limited to violation of any person’s privacy rights;(e) use the Platform in any manner that interferes with or disrupts the integrity or performance of the Platform and each of its components; (f) attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any software making up the Platform; (f) use the Platform to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (g) establish a link to the Platform in such a way as to suggest any form of association, approval or endorsement on the part of StarApps where none exists; (h) use the Platform for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law; (i) try to use, or use the Platform in violation of these Terms of Service. You shall be responsible for any loss of data or attempted or actual access or use of the Platform through your Account in violation of these Terms of Service. If StarApps informs you that a specified activity or purpose is prohibited with respect to the Platform, you will ensure that you immediately cease use of the Platform for such prohibited activity or purpose.

c) Unavailability of services: You may not be able to access or use the Platform (a) during planned downtime for upgrades and maintenance to the Platform (of which StarApps will use commercially reasonable efforts to notify you in advance through the Platform) (“Planned Downtime”), or (b) during any unavailability caused by circumstances beyond StarApps’ reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, acts by Bad Actors, technical failures beyond StarApps’ reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties and/or Bad Actors, including without limitation, distributed denial of service attacks (collectively “Force Majeure Event”). StarApps will use commercially reasonable efforts to schedule Planned Downtime for weekends and other off-peak hours.

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4. CHANGES TO THE PLATFORM

a) StarApps may update the Platform from time to time and you may receive notifications of such upgrades, enhancements or updates (“Updates”). Any new or modified features added to or augmenting or otherwise modifying the Platform or other updates, modifications or enhancements to the Platform are also subject to these Terms of Service and StarApps reserves the right to deploy Updates at any time.

b) StarApps may also change content on the Platform at any time. However, please note that any of the content on the Platform may be out of date at any given time, and StarApps is under no obligation to update it. StarApps may discontinue or change any part of the Platform, that does not affect your Subscription Plan, without notifying you. Changes affecting the availability or functionality of an App or a Subscription Plan shall be subject to applicable law and applicable Shopify policies.

c) Improvements: StarApps may access and process the Service Data (received through Shopify based on the permissions approved by you at installation) to modify, upgrade and enhance StarApps’ Platform and any other features or services, including but not limited to the algorithm of the Platform, any related software, codes, APIs, user interface, designs, etc., to ensure the quality of your user experience and to service you in a better manner. StarApps does not use or download the Service Data uploaded by you at any time for StarApps’ own use, except as stated herein.

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5. INTELLECTUAL PROPERTY RIGHTS

a) Ownership of IPR: Except for the rights expressly granted to you under these Terms of Service, all rights, title and interest in and to all of StarApps, patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Platform, and any part of it (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with StarApps. StarApps is the owner or the licensee of all Intellectual Property Rights in relation to the Platform, and the content or material published on it. 

b) StarApps shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Platform or otherwise use any suggestions, enhancement requests, recommendations or other feedback StarApps receive from you. The Apps and service names, and logos used or displayed on the Platform are registered or unregistered trademarks of StarApps (collectively, “Marks”). All rights not expressly provided to you herein are reserved.

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6. THIRD PARTY INTEGRATIONS:

a) The Platform may contain links to, integrate with, or utilize services, products, websites, content, software, APIs, payment gateways, and merchant systems provided by third parties (collectively, “Third-Party Services”). All Third-Party Services are independent of StarApps. Your access to and use of Third-Party Services, including any transactions, payments, submission of Personal Data or breach of Personal Data, is governed exclusively by the separate terms, conditions, and privacy policies of the applicable third party. Please refer to StarApps’ Privacy Policy for further information on how StarApps handles Personal Data in connection with Third-Party Services.

b) To the maximum extent permitted by applicable law, StarApps does not review, control, warrant, or guarantee the accuracy, availability, security, quality, performance, or legality of any Third-Party Services. StarApps shall not be liable for any loss, damage, claim, or liability arising out of or relating to:

• I) your access to, use of, or reliance upon any Third-Party Services;
• II) any dealings, transactions, failed payments, deliveries, or disputes between you and any third party; or
• III) any downtime, modification, security incident, security breach, Bad Actor actions on or discontinuation of any Third-Party Service.
  

c) Any complaints, claims, or disputes concerning Third-Party Services, products, or transactions must be directed solely to the relevant third party. Nothing in this Clause 6 limits or excludes any rights or liabilities that cannot be lawfully limited or excluded under applicable law.

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7. BILLING, PLAN MODIFICATIONS AND PAYMENTS

a) Subscription Charges: Post-expiry of any trial period, access to the Apps requires an active subscription plan. All App charges and billing are handled exclusively through Shopify’s native billing system (Shopify App Pricing or the Shopify Billing API). StarApps does not bill Merchants/Users directly. Information regarding subscription plans, pricing, and available monthly or annual billing options is displayed on the Shopify App Store and/or within the App. By selecting a subscription plan, you authorize Shopify to process all charges, including applicable taxes, in accordance with Shopify's billing terms and the Shopify Partner Program Agreement.

b) Plan Renewal and Modification: Your subscription (whether monthly or annual) will renew automatically through Shopify’s native billing system for a subsequent Subscription Term equivalent in length to the expiring term, unless cancelled by uninstalling the App or changing your plan prior to renewal. Any adjustments to subscription charges for subsequent terms shall be handled in accordance with Shopify’s app billing policies and applicable notifications or approvals required by Shopify. Merchants may change, upgrade or downgrade their subscription plans themselves at any time directly through the App or Shopify administration interface, without requiring assistance from StarApps’ support team or reinstalling the App, subject to Shopify's billing processes.

c) Cancellation: You may cancel your subscription at any time. Uninstalling the App from your Shopify administration interface automatically cancels your subscription and stops future billing in accordance with Shopify's billing processes. No separate StarApps account deletion or external cancellation request is required.

d) User Benefits: StarApps may, at its sole discretion and where supported by Shopify’s billing infrastructure (such as application credits or custom pricing), offer you promotional benefits such as discounts on Subscription Charges or extended trial terms. These benefits are specific to your merchant account and the specific App for which they are offered, are non-transferable, and are subject to any expiry terms specified at the time of the offer (or will expire upon completion of twelve (12) months from the date of the offer if no specific expiry date is stated).

8. TERMINATION:

a) These Terms of Service will remain in full force and effect for as long as you use the Platform, subject to the applicable Subscription Term, unless terminated earlier in accordance with these Terms of Service. Where a Subscription Plan is offered on an annual or other fixed-term basis, the applicable Subscription Term and charges shall be governed by the plan selected and Shopify's billing requirements. Nothing in these Terms of Service shall prevent a Merchant from uninstalling an App through Shopify or exercising any cancellation right available under applicable Shopify policies or applicable law.

b) You may discontinue use of an App at any time by uninstalling it from your Shopify administration interface. Uninstallation initiates cancellation of the subscription and stops future billing in accordance with Shopify's billing processes. In the event it is determined by StarApps that you have violated any of these Terms of Service, StarApps shall have the right, at its sole discretion, to suspend your Account and terminate access to the Platform forthwith. Any such suspension or termination of your Account and the Platform may be effected by StarApps without providing you with prior notice in this regard. Any associated Service Data shall be retained for a period of 15 days from the date of termination of your Account beyond which it shall be deleted during the normal course of operation.

c) Data Export: Please note that upon uninstallation, Shopify sends StarApps a mandatory request to delete that Merchant Store's data 48 hours later, and Service Data will be deleted accordingly in compliance with Shopify's data privacy requirements. StarApps therefore strongly recommends that you export all Service Data before you terminate your Account. Service Data cannot be recovered once it is deleted. The collection, retention and deletion of Service Data following uninstallation, including any applicable exceptions to deletion, shall be governed by StarApps’ Privacy Policy, Shopify's applicable requirements and applicable law.

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9. CONFIDENTIALITY:

StarApps will not use any of your Confidential Information except in connection with providing the Platform or the exercise of its rights under these Terms of Service and will take all reasonable precautions to maintain the confidentiality of your confidential information and to prevent the unauthorized disclosure to others of the Confidential Information. StarApps shall implement industry standard security procedures, such as appropriate firewall, encryption and access security measures but shall not be liable for damages caused to you by inadvertent breaches of confidentiality or actions of Bad Actors or Force Majeure Events. The processing, protection, disclosure and retention of Personal Data and other information are also governed by StarApps’ Privacy Policy.

10. DATA PRIVACY AND SECURITY

a) Security of Service Data: StarApps uses appropriate technical and organizational measures to protect the Service Data that StarApps Processes. Please note that all Merchant data (including Service Data) reaches StarApps through Shopify, based on the permissions the Merchant approves at installation.The measures StarApps uses are designed to provide a level of security appropriate to the risk of Processing your Service Data. For further information regarding the security measures and StarApps’ handling of Personal Data, please refer to StarApps’ Privacy Policy.

b) Disclosure: The collection, use, processing, storage, disclosure, retention and deletion of Personal Data and other information are governed by StarApps’ Privacy Policy and applicable law. You should refer to StarApps’ Privacy Policy for further details. You acknowledge and agree that StarApps may also access or disclose information about you, your Account, including Service Data, in order to (a) comply with the law or respond to lawful requests or legal process (including mandatory requests from Shopify when a Merchant uninstalls the App or when a shopper requests data access or deletion); (b) protect StarApps or its rights or property, including enforcement of these Terms of Service or other policies associated with the Platform; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at StarApps’ sole discretion, any suspected fraudulent, abusive, or illegal activity by you may be referred to law enforcement authorities.

c) Where StarApps reasonably believes that a Bad Actor has engaged in malicious, fraudulent, abusive, or unauthorised activity, StarApps may take reasonable and lawful steps to investigate, contain, and respond to that activity, including preserving relevant evidence and referring the matter to law enforcement or other competent authorities where appropriate. Any processing of Personal Data in connection with such action shall be carried out in accordance with StarApps’ Privacy Policy and applicable law.

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11. COMMUNICATIONS:

You agree to StarApps sending you notifications and important messages time to time via its Websites, Apps, and email to provide you with better experience with respect to the Platform. You agree that StarApps may provide notices to you on the Platform, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date. The processing of contact information for communications and related purposes is subject to StarApps’ Privacy Policy.

12. DISCLAIMER OF WARRANTIES:

The Platform, including all server and network components, are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by applicable law. StarApps expressly disclaims any and all conditions, representations, warranties, or other terms, whether express or implied, including, but not limited to, any warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that StarApps does not warrant that the Platform will be uninterrupted, timely, secure, or error-free and you further acknowledge that StarApps does not warrant that the access to the Platform, which is provided over the internet and various telecommunications networks, all of which are beyond StarApps’ control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software or actions of Bad Actors. No information or advice obtained by you from StarApps or through the Platform shall create any warranty not expressly stated in these Terms of Service.

13. LIMITATION OF LIABILITY:

To the fullest extent permitted by applicable law, in no event will StarApps, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if StarApps has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, StarApps’ aggregate liability and that of its affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the Platform, will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the App to which the claim relates; or (b) the subscription charges paid by you, for the App to which the claim relates prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that to provide you with the rights to access and use the Platform in accordance with these Terms of Service, StarApps has limited its potential liability and allocated risks based on the subscription charges, which would have been substantially higher if StarApps were to assume any further liability other than as set forth herein. In jurisdictions which do not permit the exclusion of implied warranties or limitation of liability for incidental or consequential damages, StarApps’ liability will be limited to the greatest extent permitted by law. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Nothing in these Terms of Service excludes or limits any liability or rights that cannot lawfully be excluded or limited under applicable law.

14. INDEMNIFICATION:

You agree to indemnify, defend and hold harmless StarApps and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) the use of the Platform by you or anyone using your account; (b) the violation of these Terms of Service by you or anyone using your account; or (c) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account except to the extent that such claims, liabilities, damages, losses, costs, expenses or fees arise from StarApps’ own breach of these Terms of Service or applicable law, or from matters for which you cannot lawfully be required to indemnify StarApps.

15. SEVERABILITY; NO WAIVER:

If any provision in these Terms of Service is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms of Service shall remain in effect. Non-exercise of any right under or provision of these Terms of Service by StarApps does not constitute a waiver by StarApps of that right or provision of the Terms.

16. RELATIONSHIP OF THE PARTIES:

The parties are independent contractors. These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

17. ENTIRE AGREEMENT; AMENDMENT:

The Terms of Service constitutes the entire agreement and understanding between you and StarApps and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and StarApps (including, but not limited to, any prior versions of the Terms & Conditions). StarApps reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Platform. It is your responsibility to check this page periodically for any changes. Your continued use of or access to the Platform following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. GRIEVANCE REDRESSAL:

In accordance with Information Technology Act 2000 and rules made there under, you can reach us at support@starapps.studio

19. CONFLICT WITH SHOPIFY TERMS:

To the extent that any provision of these Terms of Service conflicts, is inconsistent with, or is prohibited by the Shopify Partner Program Agreement, Shopify App Store terms, or any mandatory policies, requirements, or billing rules imposed by Shopify Inc. or its affiliates (collectively, "Shopify Terms"), the applicable Shopify Terms shall prevail and govern with respect to billing, payments, subscriptions, uninstallation, plan modifications, and app distribution. Nothing in these Terms of Service shall be construed to restrict, waive, override, or limit any rights or obligations required under Shopify’s platform policies or applicable law.

20. GOVERNING LAWS:

These Terms of Service shall be governed by the laws of the Republic of India, and the courts at Pune, India shall have exclusive jurisdiction with respect to any dispute arising hereunder.

21. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

a) When used in these Terms of Service with the initial letters capitalized, in addition to terms defined elsewhere in these Terms of Service, the following terms have the following meanings:

a) Account: means the Merchant’s App instance, store record or other access arrangement created or maintained by or on behalf of StarApps in connection with the Merchant’s installation or use of an App, including the associated information received from Shopify. An Account does not necessarily require a separate username, password or standalone StarApps login.

b) Affiliate: means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.

c) Applicable Data Protection Law: means all data protection and privacy laws and regulations applicable to privacy and protection of data or information, including Personal Data or Processing of Personal Data, in the jurisdictions where StarApps operates, including, where applicable, the laws of the Republic of India (including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023), the European Union General Data Protection Regulation (Regulation 2016/679) (GDPR), and United States federal and state privacy and data protection laws (including the California Consumer Privacy Act (CCPA)), as may be applicable;

d) Bad Actor: means any User, shopper or other person or entity that knowingly, recklessly, fraudulently, or with malicious intent uses, attempts to use, or interferes with the Website, Platform, Apps, Account, systems, or Service Data in an unauthorised, harmful, deceptive, disruptive, or unlawful manner, including by attempting to bypass security controls, gain unauthorised access, compromise systems, or misuse or exfiltrate data including Service Data.

e) Confidential Information: means all information disclosed by you to StarApps or by StarApps to you which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms of Service, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.

f) Malicious Intent: means an intention to cause harm, obtain unauthorised access or benefit, deceive, disrupt operations, compromise security, or misuse the Website, Apps, Platform, systems, or Service Data.

g) Personal Data: means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with StarApps, is capable of identifying such person (or as defined under Applicable Data Protection Law) and includes sensitive personal data.

h) Platform: means collectively the website www.starapps.io (“Website”) of StarApps and the Apps.

i) Privacy Policy: means StarApps’ privacy policy, as updated from time to time, which describes how StarApps collects, uses, processes, stores, discloses, retains and deletes Service Data or Personal Data and other information in connection with the Platform.

j) Service Data: means all electronic data, text, messages or other materials, including Personal Data relating to Merchants, their personnel, shoppers or other individuals, received by StarApps through Shopify based on the permissions approved by you at installation submitted to the Platform by you through your Account in connection with your use of the Platform, including, without limitation, Personal Data.

k) Subscription Plan(s): means the pricing plan(s) and the functionality and services associated therewith (as detailed on Shopify) for which you subscribe as a User.

l) Subscription Term: means the period during which you have agreed to subscribe to the Platform.

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