Mobile App (provisional name): Terms of Service

These Terms of Service (the Terms) govern the activation and use of Mobile App (provisional name) (the Service), provided by Made in Evolve S.r.l., Via Rosalba Carriera 26, 41126 San Damaso, Modena (MO), Italy, Tax Code and VAT no. 03497200364, REA MO-392876 (Made in Evolve), to the merchant that uses it (the Merchant). The Service is provided on the basis of an offer or contract signed by the Merchant (the Offer), of which these Terms form part; in case of conflict the Offer prevails.

1. Subject

The Service creates the native iOS mobile app of the Merchant’s Shopify store. The catalogue and the home page of the app are managed by the Merchant on Shopify; customers of the store can browse products, save favourites, add products to the cart and complete the purchase through the checkout, and receive push notifications that the Merchant sends through its own Klaviyo account. The mobile app carries the Merchant’s name and brand and is used by the Merchant’s customers (the End Users).

The mobile app is published on the Apple App Store under the Merchant’s Apple Developer account, and the Merchant appears on the App Store as the developer and seller of the app. The Merchant creates the account (Made in Evolve helps where needed), bears its costs, accepts Apple’s terms and adds Made in Evolve as a member of its team to publish and update the app. Only in exceptional cases set out in the Offer may the app be published under Made in Evolve’s account.

The Service works only with a store on Shopify. The relationship between the Merchant and Shopify is governed by the Shopify Terms of Service, which these Terms do not change; Shopify is not a party to these Terms and is not responsible for the Service.

2. Activation and account

The Service is intended for businesses and professionals: by accepting these Terms the Merchant declares that it acts for purposes related to its trade, business or profession, and that the person who signs the Offer has the authority to bind it. To activate the Service the Merchant connects its Shopify store by approving the permissions requested and provides the content needed for publication (name, brand, images, App Store listing texts); the Merchant is responsible for the activity carried out with its store account, including by its staff and collaborators, and for keeping its access credentials safe.

3. Fees and billing

The fees for the Service are those set out in the Offer and may include: a fixed monthly fee; a commission on sales made through the mobile app, calculated as a percentage of the value of the orders that Shopify records as coming from the app (net of taxes, shipping costs, returns and refunds, unless otherwise agreed); any one-off amounts for set-up, publication or custom developments. Made in Evolve invoices the Merchant directly with the frequency set out in the Offer; to calculate the commission it may read from Shopify the total of the orders coming from the app.

Except where mandatory law provides otherwise, fees already paid are not refundable. Made in Evolve may change the fees with at least 30 days’ notice, where the Offer allows it; the new fees apply from the next billing period and the Merchant may withdraw before then.

4. Trial period

Any trial or pilot period, and its conditions, is the one set out in the Offer.

5. Merchant responsibilities

The Merchant is the controller of the personal data of the End Users and is responsible for: the content of its store and of the mobile app (products, prices, images, texts); the sale contracts concluded with the End Users, including consumer information, withdrawal and warranties; the privacy notice and the terms of use shown to the End Users in the mobile app; collecting the End Users’ consent to push notifications and marketing where required, and the configuration of its Klaviyo account; compliance with the Apple App Store rules applicable to the content it publishes.

The Merchant undertakes to use the Service in accordance with the law, with these Terms and with the Shopify rules, and in particular not to use it to process data or content it has no right to process, not to attempt to access other merchants’ data, not to interfere with its operation and not to resell it or make it available to third parties outside its own store.

6. Intellectual property

The Service, its software, interface, texts and trademarks belong to Made in Evolve or to its licensors. For the duration of the subscription Made in Evolve grants the Merchant a non-exclusive, non-transferable licence to use the Service for its own store. The data and content of the store remain the property of the Merchant, who grants Made in Evolve the right to process them only to the extent necessary to provide the Service.

7. Personal data

The processing of personal data is described in the Privacy Policy. Where Made in Evolve processes personal data on behalf of the Merchant, it acts as processor and the data processing agreement (Article 28 GDPR) attached to the Offer applies.

8. Support, availability and changes

Support is provided in English and Italian through the chat inside the Service or by writing to hello@madeinevolve.com, on business days and with reasonable efforts. Made in Evolve makes reasonable efforts to keep the Service available but does not guarantee uninterrupted or error-free operation, also because it depends on Shopify and on other third-party services. Made in Evolve may update, improve or change the functions of the Service; changes that significantly reduce the functions of a paid plan are notified in advance.

9. Term, termination and data

The contract lasts for the period set out in the Offer and may be terminated with the notice provided there. Made in Evolve may suspend or terminate the Service for a Merchant who seriously breaches these Terms, does not pay the fees or uses it unlawfully, with notice where possible.

On termination the mobile app remains on the Merchant’s Apple Developer account, and the Merchant removes Made in Evolve’s access to its team; without the Service the app no longer receives updates or support from Made in Evolve, and the Merchant decides whether to keep or withdraw it. Where the app was published under Made in Evolve’s account, Made in Evolve withdraws it or, if the Merchant asks, transfers it to the Merchant’s account using Apple’s procedure. The access credentials to the store are deleted and the other data are deleted or returned as described in the Privacy Policy. The content of the store remains on Shopify.

10. Warranties

The Service is provided “as is” and “as available”. To the extent permitted by law, Made in Evolve gives no warranty that it is suitable for the Merchant’s specific purposes or that its use alone ensures compliance with any law. The Merchant is responsible for checking the results in its store.

11. Limitation of liability

To the extent permitted by law, Made in Evolve is not liable for indirect or consequential damages, loss of profits, revenue, data or goodwill, nor for damages caused by Shopify, by other apps or by third-party services. Made in Evolve’s total liability for any claim relating to the Service is limited to the amounts paid by the Merchant for the Service in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code) or any other liability that cannot be limited by law.

The Merchant indemnifies Made in Evolve against third-party claims arising from content or data the Merchant processes with the Service in breach of the law or of these Terms.

12. Changes to the Terms

Made in Evolve may change these Terms. Changes are published on this page with a new date and, if substantial, are notified in the Service or by email at least 30 days before they take effect. If the Merchant does not accept them, it may terminate the contract before they take effect; continuing to use it afterwards means accepting them.

13. Governing law and jurisdiction

These Terms are governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating to these Terms or to the Service falls under the exclusive jurisdiction of the Court of Modena (Italy). If the Italian and English versions differ, the Italian version prevails.

14. Contacts

Made in Evolve S.r.l., Via Rosalba Carriera 26, 41126 San Damaso, Modena (MO), Italy, Tax Code and VAT no. 03497200364, REA MO-392876. Email hello@madeinevolve.com, PEC madeinevolve@pec.it, telephone +39 059 788 0854. For privacy matters: privacy@madeinevolve.com.