Terms & Conditions

updated 15.04.2020


IMPORTANT: PLEASE READ BEFORE USING ALTOQ APPLICATION SOFTWARE



AltoQ Subscription Agreement

This software license agreement (“agreement”) is entered into by and between:
Mark Panozzo (ABN 96 814 114 969) trading as AltoQ (“AltoQ”),
and
customer (the “customer” or “you”) and is effective as of the date that you subscribe for the “service” (defined below).

This agreement constitutes a legal agreement between AltoQ and customer and governs the use of the service. By subscribing for the service, customer hereby agrees to the terms of this agreement.

If you are the agent or employee of an entity, you represent and warrant that (i) the individual accepting this agreement is duly authorised to accept this agreement on such entity’s behalf and to bind such entity and (ii) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.

Definitions

AltoQ The website altoq.io and its services as owned by Mark Panozzo (ABN 96 814 114 969) trading as AltoQ
The App AltoQ Exchange on the Shopify App store
App User The person who uses the app while it is installed on their Shopify store
Partner Any service provider or third party
Shopify T&C Shopify app store terms and conditions
Shopify Store The Shopify Store which the App User has installed The App
Website altoq.io

Scope of the Agreement

The App is developed and published on the Shopify App Store according to the Shopify T&C. Installing or using the app and its related services bind the App User to the Shopify T&C. Whenever there is an ambiguity between this agreement and the Shopify T&C, the Shopify T&C prevails.

In the context of the Shopify T&C, The App is classified as the “Third-Party App”.

The Privacy Policy which includes the Cookies Policy is an integral part of the whole set of the AltoQ service agreements.

License to Use

App User is granted a non-exclusive, non-transferable, non-sharable, revocable, limited license to use The App solely for personal and commercial use in accordance with this agreement and the Shopify T&C.

Prohibited Conduct

You agree that you will use the app within your own rights, permissions and regulations. You agree not to use the app to perform any illegal or unlawful activity. You agree to maintain the data protection, privacy and security while using the app and while working with the data.

When working with The App or any other AltoQ service, you agree that you will not:

  • use the app unlawfully or against the permission of the Shopify store owner where the app is installed;
  • be rude or unprofessional when communicating with AltoQ representatives;
  • request any actions from AltoQ that are outside of the scope of provided services;
  • ask information about other App Users or stores;
  • demand changes to The App or other AltoQ services

Privacy and Consent to Use The Data

For The App to function as designed, it needs to store and process personal data and the Shopify store data. Full details of stored and processed data are in the Privacy Policy. By using The App the App User gives consent to use that data for providing The App service. This data can be used by The App or by an employee of AltoQ as part of service provisioning.

Warranty and Liability Limitation

The App service is provided as-is and as-available. While AltoQ take the utmost care and professionalism, there are risks of software defects, infrastructure failures, security breaches, attacks or human errors that might result in undesirable results.

You agree to assess and mitigate your own risks that might result in damage or any losses from using The App.

You release AltoQ and its employees, subcontractors and partners from any liabilities or losses that arise as a result of using any of the AltoQ services.

AltoQ does not guarantee a certain service level or results.

Indemnity

By using The App you agree to and hold the AltoQ owner, employees, subcontractors and partners harmless against any legal action, claims or disputes that arise from your actions.

Also, you agree to indemnify AltoQ for any legal action, investigation, charges or fees against AltoQ, its owner, employees, subcontractors and partners that resulted from your actions as a breach of this agreement.

Force Majeure: Neither party shall be liable for any delay or failure in performance due to such acts of God, earthquake, labor disputes, strikes, shortages of supplies, riots, war, fire, epidemics, or transportation difficulties, to the extent not in control of such party.

Pricing Structure

The app is based on monthly subscription, and is priced as follows:

  • “Free Trial” plan is free for 30 days with unlimited transactions.
  • “Standard Plan” costs $20 per month.
  • “Covid-19 Plan” costs $10 per month.
For full details of each plan see the Pricing page.

The AltoQ Customer Support is provided free of charge across all plans.

Shopify billing will prorata your monthly payment according to the days that were used in each particular plan, which means that your monthly cost for the app will not exceed the maximum plan you have chosen in that particular billing month.

Refund Policy

We offer a full 30 day free trial period for you to assess if The App is suitable for your requirements.

At the discretion of AltoQ, a refund may be issued if The App did not meet your requirements or AltoQ support was not able to rectify an issue within an acceptable time frame. To be considered for a refund, you must have in good faith, liaised with AltoQ support to try to resolve any issue you are experiencing with The App.

Refunds are issued for a maximum duration of 1 month.

Termination

The Agreement is active from the moment when The App is installed on the Shopify store, until the moment when it is uninstalled from the Shopify store.

If you fail to comply with this Agreement or if AltoQ believes your actions are not compliant with this Agreement, the AltoQ may terminate the Agreement, uninstall the AltoQ App from your store and refuse to provide any services for you.

Severability

If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.

Marketing

AltoQ is entitled to disclose and publicise, in the form of customer lists and on its website, marketing materials and otherwise, the identity of the App User and/or Shopify store as a customer of AltoQ, and with permission, to display the App User’s logo on its website.

Jurisdiction

AltoQ and The Apps are owned by Mark Panozzo who is registered as a sole trader in Australia with the Australian Business Number (ABN) 96 814 114 969.
Legal address: 5 Rigby Street, Annerley Queensland 4103, Australia.
Contact e-mail: support@altoq.io.
The governing law is the legislation of Australia.

Changes

AltoQ reserves the right to update these terms and conditions. Your continued ues of The App is your consent to comply with all future versions of this document.

Document History

  • Original created 20 May 2020