Terms of service
The following Shop Pay Terms of Service (“Terms of Service”) describe the terms and conditions applicable to your use of Shopify’s Shop Pay Service (“Shop Pay”), a service that allows merchants with websites powered by Shopify’s commerce platform (“Merchants”) to collect and process your payment information quickly and easily at checkout. Shop Pay works by allowing you to store your account, payment (including credit card information) shipping and order information with Shopify for use across the websites of Merchants who have Shop Pay enabled for use by their customers.
This document is a legally binding agreement between you as the user of Shop Pay (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.
By using Shop Pay, you agree to be bound by the Terms of Service. Any new features or tools which are added to the current Shop Pay offering shall also be subject to these Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right, in our sole and absolute discretion, to update and change any portion of the Terms of Service at any time by posting a notification here or otherwise communicating the notification to you. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your continued use of Shop Pay after the amended Terms of Service that are posted here constitutes your agreement to, and acceptance of, the amended Terms of Service. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shop Pay (refer to section 3).
1. How it works
1.2 If you use Shop Pay on a Shop Pay Enabled Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shop Pay Enabled Site which will allow you to make purchases using your Saved Information. If you visit a Shop Pay Enabled Site and you are not recognized by Shop Pay (for example, because it’s your first time at that Shop Pay Enabled Site, you’ve cleared your cookies, logged out, or you’re using a device that is different from the one you used to access the Shop Pay Enabled Site during your last checkout), you will be able to access your Saved Information by inputting your email address and a verification code sent to you via SMS text message. After you verify your identity, Shop Pay will allow you to make purchases using your Saved Information, including your Shipping Information provided that the Merchant offers the applicable shipping method.
1.3 Note that message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.
2. Shopify’s role
2.1 Shop Pay is a way of storing your Account Information, Payment Information, Shipping Information and Order Information with Shopify so that it can be easily entered at checkout on Shop Pay Enabled Sites. It does not change your relationship with the Merchant or with your bank or credit card company, and it does not make Shopify a party to any transactions you make using Shop Pay. You, and not Shopify, are responsible for the purchases you make using Shop Pay. The Merchant, and not Shopify, is responsible for providing you with the goods and services that you purchase using Shop Pay. Shopify cannot intervene in any dispute between you and a Merchant for any transactions processed using Shop Pay.
3. Updating or terminating your Shop Pay account
3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shop Pay here.
3.2 If you want to delete your Saved Information or stop storing information using Shop Pay, please let us know by visiting http://shopify.com/pay and opting out by submitting your email address, or by contacting us at firstname.lastname@example.org. If you want to change any of your Saved Information, you can do so during your next checkout using Shop Pay.
3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shop Pay or any part thereof.
3.4 We reserve the right to modify or terminate Shop Pay for any reason, without notice at any time.
3.5 We reserve the right to refuse service to anyone for any reason at any time.
4. Representations and warranties
4.1 By using Shop Pay you represent and warrant that you are at least 18 years of age, the information you provide to Shopify in using Shop Pay is true and correct, and that you will not use Shop Pay for any fraudulent, unlawful or abusive purpose.
5. Limitation of liability; Disclaimer of warranties
5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHOPIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) 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 WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP PAY, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP PAY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP PAY INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.
5.3 YOUR USE OF SHOP PAY IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
5.4 TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP PAY, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP PAY, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP PAY.
5.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP PAY IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP PAY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP PAY SERVICE WILL BE ACCURATE OR RELIABLE.
6. Governing law
6.1 These Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shop Pay. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
7.1 You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
8.1 In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
9. Waiver and entire agreement
9.1 Shopify’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
9.3 These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Shopify, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.
10.1 Upon termination of your use of Shop Pay or termination of these Terms of Service for any reason, the following sections shall survive termination: Sections 2, 3.6 and 4 through 10.
Last Updated: March 09, 2020