Bounce Shopify App Terms of Use

Last Revised: 30.7.2024

Bounce Pay Ltd., together with its subsidiaries (“Bounce,” “Company,” “we” “our,” or “us”) welcomes you (the “User(s)” or “you”) to our Services (as defined below). The terms and conditions below govern your use of the Services.

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 1.     Acceptance of Terms 

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS INCLUDING THE PROVISIONS OF THE PRIVACY POLICY AVAILABLE AT https://www.bounceup.io/privacy-policy-shopify-app  WHICH IS INCORPORATED BY REFERENCE HEREIN (THE “PRIVACY POLICY”, COLLECTIVELY THE “TERMS”). BY CLICKING ON THE “AGREE” BUTTON BELOW AND BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES ON YOUR DEVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES.

2.    The Services

Services. Bounce offers “Bounce Payments Health Analysis Shopify app” (the “App”) that enables merchants to receive analytics on trends regarding sales, payments, and checkouts that are done through their Shopify store, as well as potential improvement in performance by using Bounce’s solutions (the “Services”).

Use. Subject to your compliance with the terms and conditions of the Terms, Bounce hereby grants to you a nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable, temporary, limited right to access and use the Services only for the purpose of receiving and utilizing the Services, and for Merchant’s internal business purposes, all solely according to the terms in this Agreement. Pursuant to the aforementioned, you may access the Services via individuals who are authorized by you therefore in accordance with these Terms.

3.      User Restrictions

There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. 

You may not, nor allow or assist any third party to: (i) modify, alter, create derivative works from, reverse engineer, decompile, disassemble, or attempt in any other manner to obtain the source code or otherwise reduce to human-perceivable form any part of the Services; (ii) frame, mirror, republish, or distribute all or any portion of the Services in any form or media or by any means; (iii) remove any proprietary notices, labels, or marks on or in any part of the Services, including without limitation any trademark or copyright notices; (iv) perform or disclose to any third party the results of, testing or benchmarking of the Services, or access or use the Services or any part thereof in order to build or support, and/or assist a third party in building or supporting, products or services which are competitive to Bounce’s; (v) copy, emulate, sublicense, rent, or lease any portion of the Services; (vi) use the Services in any manner not expressly authorized by these Terms; (vii) use the Services to transmit (a) any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or any material that infringes a third party’s rights including without limitation, intellectual property rights; (viii) take any actions which (1) would disable the Services (or any part thereof) or impair in any way its operation based on the elapsing of a period of time, the exceeding of an authorized number of copies, or the advancement to a particular date or other numeral (referred to as “time bombs”, “time locks”, or “drop dead” devices); or (2) would prevent Bounce to access the Services for the purposes of its operations or (xii) infringe or violate any of the Terms. 

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4.  Intellectual Property

As between the parties, You retain all ownership and intellectual property rights in and to your data and content which is uploaded to or otherwise provided to Bounce via the Services. You acknowledge and agree that Bounce and/or its licensors own the Services and any data and associated materials, information of any nature concerning Bounce’s systems, products, services and technology and any other content related thereto, including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, related graphics, and other features digital media or in-app content (including, without limitation, emoticons, emoji, stickers, themes, wallpapers, icons and related virtual goods) (“Content”) supplied with or through it, including any copies, emulations, enhancements, modifications and derivative works made thereof and all intellectual property rights in the foregoing. Except as expressly stated herein, these Terms do not grant you any rights or licenses in respect of the Services, the Content, or to any other intellectual property of Bounce. 

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Bounce or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Services, and you represent and warrant that you will abide by all applicable laws in this respect.

It is our desire and pleasure to hear from our Users and we welcome your comments regarding our Services. To the extent you provide to Bounce any suggestions, comments and feedback regarding the Services (the “Feedback”), you hereby grant Bounce and its licensors a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license grant to incorporate the Feedback into the Services, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.

5.     Your Obligations

You represent that during the Term, you shall: (i) be and remain exclusively responsible for all content, data and information provided via your Shopify store, and that all such content, data and information has been and shall be legally obtained, does not and will not infringe any third party rights, (ii) comply with all applicable laws and regulations with respect to your activities under these Terms, (iii) carry out all other responsibilities set out in these Terms in a timely and efficient manner, (iv) obtain and shall maintain all necessary licenses, consents, and permissions necessary for Bounce, its contractors and agents (if applicable) to perform their obligations under these Terms, (v) ensure that your network and systems comply with the relevant specifications provided by Bounce from time to time. Without derogating from Section ‎13 below, you acknowledge and agree that in the event that the Services does not perform as required, specified, expected and/or desirable by you, your only recourse is to terminate the Terms in accordance with these Terms and Bounce shall not be liable to you or to any third party with respect thereto. You further acknowledge, represent and agree that your continued use of the Services following any such non-performance, will constitute your acceptance of, and agreement to continue to experience, such Services performance. 

6.     Third Party Components

The Services may use or include third party software, files and components that are subject to open source and/or other third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and Bounce disclaims all liability related thereto.

7.   Confidential information   

Bounce may come into possession of Confidential Information of the User's business. Bounce shall ensure that all of its personnel agree, in writing, to be bound by confidentiality and non-disclosure obligations. For purposes of this Agreement, “Confidential Information” means any and all information and materials of or related to User's Business that are disclosed during the use of the Services by or on behalf of the User to Bounce under circumstances that would indicate to a reasonable person that such information or materials are confidential or proprietary. Without limiting the foregoing, User Confidential Information includes:  (i) information concerning the store, store visitors (“Visitor(s)”), and store customers (Visitors that made an order) (“Customer(s)”): Customers’ order information (including orders value, products, discounts, refunds, and declined payments), payment method metadata (including card issuer, card type, card country), Sessions data (including checkout events), Customer’s data such as shipping city, shipping country, billing city, and billing country, Logging use of the App; (ii)  Personal Information as specified in the Privacy Policy; and (iii) any information created, generated or stored as a result of the Services.

Bounce shall (i) hold the Confidential Information of Business in trust and confidence; (ii) use or reproduce the Confidential Information of Users only for the benefit of Users and only to the extent reasonably required to exercise Bounce’s rights or fulfill Bounce’s obligations hereunder and (iii) not disclose such Confidential Information to any third party without User’s consent.  

The obligations set forth in this Section ‎7 shall not apply with respect to any Confidential Information of User (other than Personal Information) to the extent such Confidential Information:  (i) is or has otherwise become generally publicly known other than by act or omission of Bounce, (ii) was rightfully known by Bounce prior to the time of first disclosure to Bounce by Business; (iii) was disclosed to Bounce on a non-confidential basis from a source other than Business, and such source was not under an obligation of confidentiality with respect to such information, or (iv) is developed by Bounce independently of any disclosure of such information made by the Business and without use of, or reference to any Confidential Information of Business.  Additionally, Bounce may disclose Confidential Information of Business to the extent required by an order of a court of competent jurisdiction, administrative agency or governmental body, or by any law, rule or regulation, or by subpoena, summons or other administrative or legal process, or by applicable regulatory or professional standards, provided that, to the extent permitted by applicable law, rule or regulation, Bounce shall provide written notice to User prior to any such disclosure for the purpose of allowing User to contest or otherwise attempt to halt such disclosure.

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8.      Indemnification

You agree to defend, indemnify and hold harmless Bounce from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) made against or incurred by Bounce arising directly or indirectly from Your failure to comply with, breach or alleged breach of the terms and conditions hereof and/or included by references herein.

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9.     Warranty Disclaimers

EXCEPT FOR THE WARRANTIES SET FORTH IN THE TERMS, YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR RELIABILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT BOUNCE DOES NOT GUARANTEE THAT THE SERVICES OR THE PERFORMANCE OF THE SERVICES WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF ANY PROGRAM LIMITATIONS OR FAILURES, OR THAT THE SERVICES AND/OR ANY FEATURE AVAILABLE THEREIN (WHETHER OR NOT CONFIGURABLE BY YOU) AND/OR ANY INFORMATION OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET AND/OR PERFORM IN ACCORDANCE YOUR REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS, CONFIGURATIONS, QUIET ENJOYMENT AND/OR GOALS, OR THAT BOUNCE WILL CORRECT ANY OR ALL SERVICES ERRORS, DEFICIENCIES AND/OR NON-PERFORMANCES. YOU ACKNOWLEDGE THAT BOUNCE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE AVAILABILITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BOUNCE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ADDITIONALLY, YOU ACKNOWLEDGE THAT BOUNCE IS NOT LIABLE FOR ANY INFORMATION OR DOCUMENTATION PROVIDED TO YOU VIA THE SERVICES BY ANYONE OTHER THAN BOUNCE, INCLUDING WITHOUT LIMITATION ANY OPERATORS.

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10.     Limitation of Liability

IN NO EVENT SHALL BOUNCE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICES OR THE USE OR INABILITY TO USE THE SERRVICES, THE PERFORMANCE OR FAILURE OF BOUNCE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BOUNCE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER BOUNCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE OCCURRENCE OF SUCH CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOUNCE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO BOUNCE FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM OR U.S. $1.00, WHICHEVER IS GREATER.

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11.  Changes to these Terms 

Bounce may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes to these Terms on the App. Such substantial changes will take effect seven (7) days after such notice was first provided on our application of the Services. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

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12.  Privacy 

Bounce respects your privacy and is committed to protecting the information you share with it. We believe that you have a right to know our practices regarding the information Bounce collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy located at https://www.bounceup.io/privacy-policy-shopify-app . If you choose to connect to, access or use our Services you have thereby also agreed to the Privacy Policy.

13.  No cost

Subscribing or registration to our Services is not subject to payment of certain fees. We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription will take effect following notice to you.

14.  Termination

The Terms are effective until terminated by you or Bounce. Bounce reserves the right to terminate the Terms, for any reason whatsoever. These Terms terminate automatically if you breach any term of these Terms; however, Bounce reserves the right to pursue any additional remedies available to it, pursuant to the remaining terms of these Terms and/or available to it under the law, in such event. Upon termination of the Terms, you shall cease all use of the Services, and destroy all copies, full or partial, of the Services.

The provisions of Section ‎3 (Use Restrictions), Section ‎4 (Intellectual Property Rights), Section ‎5 (Your Obligation), Section ‎7 (Confidential Information), Section ‎8 (Indemnification), Section ‎9 (Disclaimer and Warranties), Section 10 (Limitation of Liability), Section ‎12 (Privacy Policy, including the Privacy Policy referred to therein), Section ‎14 (Termination), Section ‎15 (Availability & Support), and Section ‎16 (General), shall survive the termination or expiration of these Terms.

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15.  Availability & Support 

The availability and functionality of the Services depend on various factors, such as communication networks, software, hardware, service providers, and contractors. Bounce does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

16.  General

These Terms shall not in any way be construed to constitute You or Bounce as an agent, partner, joint-ventures, employee or representative of the other, and both You and Bounce shall remain independent contractors. You may not assign the Terms or give or transfer the Services or an interest in them to another individual or entity. Each of You and Bounce intends that these Terms will not benefit or create any right or cause of action in or on behalf of, any person or entity other than You and Bounce. Each of You and Bounce will be excused for delays in performing or for its failure to perform hereunder (other than payment delays) to the extent that the delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of the delay or failure. No waiver by either you or Bounce of any breach of these Terms will constitute a waiver of any other breach of the same or other provisions of these Terms. No waiver by either you or Bounce will be effective unless made in writing and signed by an authorized representative of that party. These Terms (including reference to information contained in a URL or referenced policy), constitute the entire agreement and understanding of you and Bounce relating to the subject matter hereof. These Terms supersedes all prior written and oral agreements and all other communications between Bounce and you. If any provision in these Terms is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of these Terms will not be affected thereby. 

Governing Law. These Terms and any claim arising therefrom will be governed by and interpreted in accordance with the laws of the State of Israel, without regard to conflicts of laws and principles. Any and all actions brought to enforce or resolve any dispute arising out these Terms must be brought exclusively in courts having jurisdiction in Tel-Aviv-Jaffa, Israel and each party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts.

Compliance with Export Regulations. You have or shall obtain in a timely manner all necessary or appropriate licenses, permits or other governmental authorizations or approvals (if applicable); and you shall indemnify and hold Bounce harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation, or use of the technology to be provided herein. 

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17.  For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: info@bounceup.io

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