1. Agreement, parties and eligibility
By installing, approving a charge for, accessing or using Announce Me, the merchant identified by the relevant Shopify account (Merchant, you or your) agrees to these Terms. The individual acting for the Merchant confirms that they are at least 18 years old and authorised to bind the Merchant. Announce Me is offered for business use, not personal, household or consumer use.
These Terms incorporate the Acceptable Use Policy, Privacy Policy and, where applicable, the Data Processing Addendum. Shopify is not a party to this agreement. Your agreements with Shopify and other providers continue to apply.
2. The service
Announce Me provides tools to draft, target, schedule, display and analyse storefront announcement bars, including optional links, countdowns, discount-code copying, rotation, translations and cart-progress messages. Features may change as the service develops.
The service is an administrative and display tool. It does not determine checkout eligibility or guarantee shipping rates, discounts, availability, sales, conversion, legal compliance or delivery outcomes.
3. Your control and responsibilities
You control messages, design, links, countries, schedules, translations, thresholds, discounts and publication. Before and after publishing, you must test the storefront on relevant devices, markets, currencies and cart states; confirm every statement and link is accurate, current and lawful; reconcile shipping or discount statements against checkout; monitor schedules; and promptly pause or correct misleading content.
You are responsible for your store, theme, products, prices, taxes, shipping, discounts, inventory, customer communications and compliance with consumer, advertising, accessibility and privacy laws. A preview, estimate or analytics event is not proof of checkout eligibility, a completed sale or legal compliance.
4. Operational risks
Technology can fail. Messages may be missing, late, duplicated, stale, truncated, mistranslated or shown to the wrong country, currency, device, visitor or time zone. Cart progress, thresholds, countdowns, links, discount copying, analytics and schedules may be inaccurate or unavailable because of configuration, caching, exchange-rate estimates, ambiguous Shopify data, theme or app conflicts, browser behaviour, consent choices, network delay, platform changes, outages or third parties. You accept these inherent risks and must maintain independent checks appropriate to your business.
5. Accounts and security
Access is tied to your Shopify store and authorised Shopify users. You must protect administrator accounts, control staff permissions, remove access when no longer required and notify us promptly of suspected unauthorised use. You are responsible for activity performed through your authorised accounts unless caused by our breach of this agreement or failure to use reasonable security.
You must not provide passwords, access tokens, payment-card data or unnecessary customer personal information to support. We may rely on instructions from an authenticated authorised user unless we know they are unauthorised.
6. Plans, renewal, charges and taxes
Paid plans, if offered, renew for the billing period shown when you approve the charge and are billed through Shopify. Shopify’s billing screen controls the amount, currency, billing interval and any trial. You may upgrade or downgrade through the available Shopify or in-app process and may end future charges by uninstalling or cancelling as Shopify permits.
Fees already charged are non-refundable except where the plan terms, Shopify’s process or mandatory law requires otherwise. A downgrade may remove or restrict paid functionality. You are responsible for applicable taxes. Announce Me is not an archive or backup service, so retain copies of important content and settings.
7. Licence, content and ownership
Subject to these Terms and payment of applicable charges, we grant you a limited, non-exclusive, non-sublicensable and non-transferable right to use Announce Me for your Shopify store during the term. We and our licensors retain all rights in the service, software, branding, designs and documentation.
You retain ownership of your content. You grant us and our subprocessors a worldwide, non-exclusive licence to host, process, reproduce, format and transmit it only as reasonably necessary to provide, secure, maintain and support the service, comply with law and act on your documented instructions.
You represent that you have the rights and lawful basis needed for your content and our permitted processing of it. Feedback may be used without restriction or payment, but we will not publicly identify you as its source without permission.
8. Acceptable use
You must comply with the Acceptable Use Policy. You must not misuse the service, bypass security, exceed authorised access, introduce malicious code, infringe rights, publish unlawful or deceptive claims, or facilitate fraud, discrimination or harassment.
9. Third-party services
Announce Me interoperates with Shopify and may depend on hosting, network, browser, theme and other third-party services. Their availability, APIs, data, security, terms and decisions may affect the service. We do not control and are not responsible for third-party products or conduct, but this does not excuse our own obligations or exclude liability that cannot lawfully be excluded.
10. Availability, support and changes
No service level or guaranteed response time applies unless we agree one in writing. We may maintain or modify the service and may suspend affected access where reasonably necessary for security, law, non-payment, platform compatibility or prevention of material harm. We will use reasonable efforts to minimise disruption. If we permanently discontinue the service or make a materially adverse change to a prepaid paid plan, we will give reasonable notice where practicable and provide any remedy required by law.
11. Confidentiality and privacy
Each party must protect the other’s non-public confidential information using at least reasonable care, use it only for this agreement and disclose it only to personnel and advisers who need it and are bound to protect it. This does not cover information lawfully public, already known without restriction, independently developed or lawfully received from another source. A legally compelled recipient may disclose the minimum required and, where lawful, give advance notice. Our Privacy Policy explains our handling of personal information. The Data Processing Addendum applies where we process personal data for you.
12. Disclaimers and statutory rights
To the maximum extent permitted by law, the service is provided “as is” and “as available”. We do not promise that it will be uninterrupted, error-free, compatible with every theme or app, or that messages, targeting, analytics, shipping information, discounts or other outputs will be accurate for every circumstance. We exclude implied warranties and representations to the extent lawful.
Nothing in these Terms excludes, restricts or modifies the Australian Consumer Law, the Privacy Act 1988 (Cth) or another right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified. If you acquire services as a consumer and a non-excludable guarantee applies, any permitted limitation is subject to section 64A of the Australian Consumer Law.
13. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, special, incidental, exemplary, punitive or consequential loss, or for loss of profit, revenue, goodwill, opportunity or anticipated savings, except where such loss is a direct and reasonably foreseeable result of the breach and cannot lawfully be excluded.
We are not liable to the extent a loss is caused by your content or configuration; your failure to test, monitor, reconcile or correct a message; inaccurate merchant or Shopify data; a theme or app conflict; unauthorised activity caused by your failure to secure accounts; or a third-party service outside our reasonable control.
Subject to the exclusions below, each party’s aggregate liability arising out of or relating to Announce Me in any rolling 12-month period is limited to the greater of AUD $100 and the fees paid or payable for Announce Me during the 12 months immediately before the first event giving rise to liability. Multiple claims do not increase the cap.
The exclusions and cap do not apply to payment obligations, fraud, wilful misconduct, breach of confidentiality, infringement or misappropriation of the other party’s intellectual property, death or personal injury caused by negligence, an indemnity obligation to the extent payable to a third party, or liability that law prohibits limiting. Each party must take reasonable steps to mitigate loss.
14. Third-party claims
To the extent permitted by law, you indemnify us and our personnel against a third-party claim and resulting reasonable, finally awarded or agreed costs arising from your content, promotion, products, infringement, unlawful conduct or material breach of sections 3 or 8. The indemnity does not apply to the extent caused by our breach, negligence, fraud or wilful misconduct. We must promptly notify you, give reasonable cooperation at your cost and allow you to control the defence, while retaining the right to participate. You may not settle a claim in a way that admits fault by or imposes a non-monetary obligation on us without our consent, not to be unreasonably withheld.
15. Suspension, termination and effect
You may stop using and uninstall Announce Me at any time. We may suspend affected access immediately where reasonably necessary to address a security threat, unlawful use, non-payment, platform direction or material harm. For another remediable material breach, we will ordinarily give notice and a reasonable opportunity to remedy before termination.
On termination, your licence ends and published functionality may stop. We will handle Merchant Data under the Privacy Policy and DPA, including Shopify’s mandatory deletion process. Accrued payment obligations and provisions intended by nature to survive, including ownership, confidentiality, disclaimers, liability, indemnity and disputes, continue.
16. Disputes and governing law
Before starting proceedings, a party must give written notice describing the dispute and allow 30 days for senior representatives to attempt good-faith resolution. This does not prevent urgent injunctive relief, debt recovery or a complaint to a regulator, and does not apply where prohibited by law. Queensland law governs this agreement. The parties submit to courts with jurisdiction in Queensland, while preserving any mandatory right to bring a claim elsewhere.
17. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, widespread network or utility failure, war, civil disorder, government action, labour disruption, cyberattack not caused by its failure to use reasonable security, or failure of Shopify or another critical provider. This does not excuse payment already due. The affected party must use reasonable efforts to reduce the impact and resume performance.
18. General
These Terms and incorporated policies are the entire agreement about the service and replace prior statements on that subject. If documents conflict, the DPA controls for processing Merchant Personal Data, then these Terms, then the Acceptable Use Policy. Headings are for convenience. “Including” is not limiting.
Invalid provisions are read down to the minimum extent necessary or severed, without affecting the remainder. A delay in enforcement is not waiver. Neither party may assign without the other’s consent, not to be unreasonably withheld, except that we may assign to an affiliate or as part of a genuine merger, restructure, financing or sale of substantially all relevant assets, with written notice and no material reduction of your rights. No third party has enforcement rights except an indemnified person for section 14.
19. Changes, notices and contact
We may update these Terms to reflect legal, security, platform or service changes. Material changes apply prospectively after reasonable notice through the app, Shopify, email or this site. Changes do not retroactively reduce rights or increase liability for earlier events. Continued use after the notified effective date constitutes acceptance where lawful; if you do not agree, you may stop using and uninstall the app.
Operational notices may be delivered through Shopify, the app or contact details associated with the store. Formal legal notices to us must be sent to matthew@marvellogroup.co.uk and are received when acknowledged. Contact details must be kept current.