Terms of Service
Last updated: June 26, 2026 Effective date: June 26, 2026
1. Acceptance and parties
These Terms of Service ("Terms") form a binding agreement between Datacrow ("Datacrow", "we", "us", "our") and the Shopify merchant ("Customer", "you", "your") that installs or uses the Datacrow application (the "Service").
Datacrow is operated from North Carolina, United States.
By installing the Service, configuring it, or otherwise using it, you agree to these Terms. If you do not agree, do not install or use the Service.
You represent that you have authority to bind the Shopify store on whose behalf you install the Service.
2. The Service
2.1. Datacrow is a server-side conversion tracking application for Shopify stores. It captures storefront events (via Shopify's Web Pixel) and order/checkout webhooks, then forwards canonical events to the third-party advertising and analytics destinations you configure (Meta Conversions API, Google Analytics 4 Measurement Protocol, Klaviyo Events API, TikTok Events API, Pinterest Conversions API, Google Ads Enhanced Conversions, and others we may add).
2.2. The Service is provided as a software-as-a-service application installed through the Shopify App Store. We may update, modify, or improve the Service from time to time. Material reductions in functionality will be announced at least 30 days in advance.
2.3. We do not provide any warranty as to the accuracy, completeness, or attribution quality of conversion data reported by destination platforms. Destinations may dedupe, drop, or transform events according to their own rules outside our control.
3. Your account
3.1. Your Datacrow account is tied to your Shopify store. Authentication is handled through Shopify's session token mechanism.
3.2. You are responsible for maintaining the security of your Shopify store credentials and your Datacrow destination credentials (the API keys and access tokens you paste into the Service). You agree to notify us promptly at security@datacrow.app if you believe any credential has been compromised.
3.3. You are responsible for all activity that occurs under your account.
4. Acceptable use
4.1. You agree not to: (a) use the Service to violate any law or regulation, including data protection, marketing, and consumer protection laws; (b) use the Service to process Personal Data without a lawful basis under applicable Data Protection Laws; (c) attempt to reverse engineer, decompile, or otherwise extract the source code of the Service, except as permitted by applicable law; (d) interfere with or disrupt the integrity or performance of the Service; (e) attempt to gain unauthorized access to the Service or its related systems; (f) use the Service to forward events on behalf of any store other than the Shopify store on which it is installed; (g) sublicense, resell, or distribute the Service to third parties; (h) use the Service in any manner that exceeds reasonable usage patterns for a Shopify store of your size (rate-limit abuse, deliberate volume spikes to circumvent billing tiers).
4.2. You are responsible for ensuring your use of the Service complies with the terms of each destination you enable (Meta, Google, Klaviyo, TikTok, Pinterest, etc.), including:
- obtaining any required shopper consent before forwarding events to a destination;
- making any required disclosures in your store's privacy policy about the destinations you use as sub-processors;
- accepting and complying with each destination's data processing terms when you configure their credentials.
5. Customer Content
5.1. "Customer Content" means the data, events, identifiers, and information that the Service processes on your behalf — including shopper Personal Data captured from your storefront and order webhooks, the destination credentials you provide, and your configuration preferences.
5.2. As between you and us, you own all rights, title, and interest in your Customer Content. We do not claim any ownership of Customer Content.
5.3. You grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Customer Content solely as necessary to provide the Service. This license terminates when you uninstall the Service and the deletion period in our DPA elapses.
5.4. No AI training. We will not use Customer Content to train, fine-tune, or improve any machine learning or "artificial intelligence" model. This commitment is mirrored as a contractual term in our Data Processing Agreement §3.3(h).
6. Data processing and privacy
6.1. Our processing of Personal Data on your behalf is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and which you accept by installing the Service.
6.2. Our handling of your information generally is governed by our Privacy Policy.
6.3. You are the data controller for shopper Personal Data; we are the data processor. You are responsible for having a lawful basis for processing under applicable Data Protection Laws and for any disclosures to shoppers your jurisdiction requires.
7. Fees and billing
7.1. Pricing for the Service is set out at https://datacrow.app/pricing or in the Service's onboarding flow.
7.2. All fees are charged through Shopify's billing API, which is the exclusive payment mechanism for the Service. Shopify is responsible for billing, payment processing, refunds, taxes, and currency. We do not directly receive or process your payment information.
7.3. Fees are billed in advance on a recurring basis (typically monthly). You may downgrade or cancel at any time through the Shopify Admin; cancellation takes effect at the end of the current billing period.
7.4. We may change pricing from time to time. Material price increases will be notified at least 30 days in advance and take effect at the start of your next billing period.
7.5. If Shopify reverses or refunds a charge, our obligation to provide the Service for the corresponding period is reversed accordingly.
8. Termination
8.1. By you. You may terminate by uninstalling the Service from your Shopify Admin at any time. Termination takes effect immediately for service delivery; billing terminates at the end of the current billing period.
8.2. By us, for cause. We may suspend or terminate your access immediately if you materially breach these Terms (including any acceptable-use violation that creates legal or security risk) and fail to cure within 14 days of notice, or if such breach is incapable of being cured.
8.3. By us, for convenience. We may terminate any account with 30 days' written notice. If we terminate without cause, we will refund any prepaid fees for periods after the termination date.
8.4. Effect of termination. On termination, your right to access the Service ends. We will delete or return Customer Content as set out in the DPA §11. Provisions of these Terms that by their nature should survive (ownership, indemnification, limitation of liability, governing law) will survive.
9. Disclaimers
9.1. EXCEPT AS EXPLICITLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.2. We do not warrant that the Service will be uninterrupted, error-free, or that all errors will be corrected. We do not warrant the accuracy or completeness of attribution data reported by any destination, which is outside our control.
9.3. Your use of the Service is at your sole risk. No advice or information obtained from us creates any warranty not explicitly stated in these Terms.
10. Limitation of liability
10.1. EXCLUDED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. CAP ON DIRECT DAMAGES. EXCEPT FOR THE CARVE-OUTS IN §10.3, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS — WHETHER IN CONTRACT, TORT, OR OTHERWISE — IS LIMITED TO THE GREATER OF (A) THE FEES PAID BY YOU TO DATACROW UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
10.3. Carve-outs. The exclusions and limitations in §10.1 and §10.2 do not apply to: (a) either party's indemnification obligations under §11; (b) your obligation to pay fees; (c) either party's breach of the confidentiality provisions in the DPA; (d) liability that cannot be limited under applicable law (e.g., for gross negligence or willful misconduct, where local law prohibits limitation).
10.4. These limitations apply collectively to Datacrow and its affiliates, officers, and personnel.
11. Indemnification
11.1. By Datacrow. We will defend, indemnify, and hold you harmless from and against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property rights. We will pay any damages finally awarded against you (or amounts in any settlement we approve). Our obligation does not apply to the extent the claim arises from: (a) modifications to the Service not made by us; (b) combination of the Service with software, data, or processes not provided by us; (c) use of the Service in violation of these Terms or applicable law; (d) Customer Content.
11.2. By you. You will defend, indemnify, and hold us harmless from and against any third-party claim arising out of or related to: (a) your Customer Content (including any allegation that shopper Personal Data you forwarded was processed without a lawful basis); (b) your violation of these Terms or any law; (c) your violation of any third party's rights (including a destination's terms of service); (d) your violation of any privacy law, marketing law, or consumer protection law in connection with your use of the Service.
11.3. Procedure. The indemnified party will (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement (subject to not admitting liability or making any other admission without consent), and (c) provide reasonable cooperation at the indemnifying party's expense.
12. Confidentiality
12.1. Each party may receive Confidential Information of the other party. "Confidential Information" means information that is marked as confidential, or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Customer Content is your Confidential Information; the Service's proprietary code and unreleased features are our Confidential Information.
12.2. Each party will (a) use the other's Confidential Information only as necessary to perform under these Terms, and (b) protect the other's Confidential Information with the same degree of care it uses for its own confidential information of similar importance (and in no event less than reasonable care).
12.3. Confidentiality obligations do not apply to information that is (a) publicly available without breach, (b) independently developed without reference to Confidential Information, (c) lawfully obtained from a third party without confidentiality obligations, or (d) required to be disclosed by law (in which case the disclosing party will give prompt notice where legally permitted).
13. Governing law and dispute resolution
13.1. These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2. Initial dispute resolution. Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute by negotiation between persons with authority to settle, on at least 30 days' written notice describing the dispute.
13.3. Forum for small disputes. For disputes that qualify, either party may bring an action in small claims court in any jurisdiction where the defendant resides or has its principal place of business.
13.4. Forum for other disputes. Subject to §13.2 and §13.3, any dispute arising out of or related to these Terms will be brought exclusively in the state or federal courts located in Wake County, North Carolina, and each party consents to personal jurisdiction and venue in those courts.
13.5. No class actions. Each party agrees that any dispute will be resolved on an individual basis and not as a class, representative, or consolidated action.
13.6. Equitable relief. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.
14. Changes to these Terms
14.1. We may update these Terms from time to time. When we do, we will: (a) update the "Last updated" date at the top; (b) notify active Customers by email at least 30 days before material changes take effect (except where a shorter period is required by law); (c) maintain prior versions in our public repository.
14.2. Your continued use of the Service after the effective date of an updated version constitutes acceptance of the changes. If you do not accept the changes, your remedy is to uninstall the Service.
15. Miscellaneous
15.1. Entire agreement. These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between the parties with respect to the Service and supersede all prior agreements and understandings on the subject.
15.2. Order of precedence. In the event of conflict, the order of precedence is: (i) the DPA (for matters of data processing); (ii) these Terms; (iii) the Privacy Policy.
15.3. Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
15.4. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets. We may assign these Terms in connection with any such transaction without your consent. Any unauthorized assignment is void.
15.5. Notices. Notices to Datacrow should be sent to support@datacrow.app. Notices to you will be sent to the email address on file for your Shopify store and/or via in-app notification.
15.6. Force majeure. Neither party is liable for any failure or delay in performance due to causes beyond its reasonable control (including acts of God, natural disasters, war, terrorism, internet outages, third-party service outages, government action, or pandemics), except for payment obligations.
15.7. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect.
15.8. Waiver. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right.
15.9. Headings. Section headings are for reference only and do not affect interpretation.
15.10. English language. These Terms are written in English. Any translation provided is for convenience only; the English version controls.
These Terms are written in plain English on purpose. If anything in them is unclear, please email support@datacrow.app before installing the Service.