By using BackSync and/or DeferPay ("Service(s)"), applications created and owned by Obsidian Software, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Unicycle Labs, Inc. ("Company"), the parent company of Obsidian Software, reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
The Service(s) require authentication and integration with your Shopify account(s). You are responsible for maintaining the security of your Shopify account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all activity that occurs under your integration with our Service(s).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must be a human. Usage by “bots” or other automated methods are not permitted.
The Service(s) are offered with free trials. Once your trial(s) expire, you will only be able to continue using the Service(s) by paying in advance for additional usage. If you fail to pay for additional usage, your usage of the Service(s) will be frozen and inaccessible until payment is made.
Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service(s) may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
You are solely responsible for properly canceling your usage. An email or phone request to cancel your usage is not considered cancellation. You can cancel your usage at any time by uninstalling the Service(s) from your Shopify shop(s). This provides a simple no-questions-asked cancellation option.
All of your content will be immediately inaccessible from the Service(s) upon cancellation.
If you cancel the Service(s) before the end of the current month that has been paid for, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service(s) for any reason at any time. Such termination of the Service(s) will result in the deactivation or deletion of your data. The Company reserves the right to refuse service to anyone for any reason at any time.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service(s) with or without notice.
Prices of all Service(s) are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Shopify App Store or via email.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service(s).
All content posted on the Service(s) must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Service(s).
The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service(s).
Your use of the Service(s) is at your sole risk. The Service(s) are provided on an “as is” and “as available” basis.
Technical support is only provided via email, unless otherwise provided at the sole discretion of the Company.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service(s).
You must not modify, adapt or hack the Service(s).
You must not modify another website so as to falsely imply that it is associated with the Service(s) or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service(s), use of the Service(s), or access to the Service(s) without the express written permission by the Company.
We may, but have no obligation to, remove content that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service(s), including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service(s) customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service(s) for other customers.
The Company does not warrant that (i) the Service(s) will meet your specific requirements, (ii) the Service(s) will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service(s) will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service(s) will meet your expectations, and (v) any errors in the Service(s) will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service(s), superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to email@example.com.
Any new features that augment or enhance the current Service(s), including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service(s) after any such changes shall constitute your consent to such changes.