Terms of Service

ShopPulse: Visitor Counter & Social Proof

Draft for lawyer review. Template, not legal advice. Lawyer review required, in particular for the liability cap, indemnity, governing law and consumer-law exposure sections. Not reviewed by a lawyer.

Version: 0.1 (draft) | Effective date: [EFFECTIVE DATE, set on publication] | Last updated: 2026-11-07

These terms are an agreement between [LEGAL ENTITY NAME: set LEGAL_ENTITY_NAME], [ADDRESS: set LEGAL_ADDRESS] ("we") and the business that installs ShopPulse ("you", "merchant"). By installing or using the app you accept these terms. If you accept on behalf of a company you confirm you have authority.

1. The service

ShopPulse shows a "people viewing this product" message on your product pages using a theme app block. The base count reflects visitors active in roughly the last 30 seconds. It requires an Online Store 2.0 theme.

2. Your responsibilities and truthful display

• You are solely responsible for what your storefront shows shoppers, including all text, numbers and claims produced with the app, and for compliance with consumer protection, advertising and unfair-practice laws (for example the FTC Act, EU Unfair Commercial Practices Directive and Digital Services Act, UK CMA rules, and local equivalents).
• Truthful display: you must not use the app to show counts or messages that are false or misleading to shoppers. The "baseline boost" and minimum-count settings are display adjustments you control. If you use them, you are responsible for ensuring the resulting message is not deceptive in your market, for example by wording that does not claim the figure is purely real-time viewers. We provide the tool; you decide how to use it.
• You will not use the app to violate law, infringe rights, transmit malware, scrape or overload the service, or circumvent plan limits or signature checks.
• You are responsible for telling your shoppers what you need to about the widget, including your own privacy notice and, where required, consent mechanisms (see the privacy policy for what the widget stores).

3. Plans, billing and refunds

Paid plans are billed by Shopify through your Shopify invoice. Prices, trial length and plan limits are shown in the app and on the Shopify listing and may change with notice. Trials convert to paid unless cancelled. Cancel in the app or in Shopify. Refunds, credits and proration are governed by Shopify's app billing terms; we do not hold your payment details.

4. Data and privacy

Our privacy policy and, where you accept it, our data processing addendum describe how we handle data. You are the controller of shopper data and we process it on your behalf.

5. Intellectual property

We own the app and its branding. You own your content and settings. You grant us a licence to host and process your content only to provide the service. Free-plan widgets show "Powered by ShopPulse".

6. Availability and support

We aim for high availability but do not guarantee uninterrupted service. The count is an estimate and may be briefly inaccurate or hidden during outages. Support is by email at support@tekgen.io as described in your plan.

7. Disclaimers

The app is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the app will increase sales.

8. Limitation of liability

Lawyer review required.

To the fullest extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data; and (b) our total liability arising from these terms is limited to the greater of the fees you paid us for the app in the 12 months before the claim and [AMOUNT, to be set by counsel]. Nothing limits liability that cannot be limited by law.

9. Indemnity

Lawyer review required. You will defend and indemnify us against third-party claims and regulator actions arising from your storefront content, your instructions, or your breach of section 2, except to the extent caused by our breach of these terms.

10. Term and termination

You may stop at any time by uninstalling the app. We may suspend or terminate access for breach of these terms or abuse, or discontinue the app with reasonable notice. On uninstall, data is deleted as described in the privacy policy. Sections that by nature survive (disclaimers, liability, indemnity, governing law) survive termination.

11. Governing law and disputes

These terms are governed by the laws of [GOVERNING LAW / JURISDICTION, to be set by counsel], without regard to conflict-of-law rules. Courts of [VENUE, to be set by counsel] have exclusive jurisdiction, except where mandatory consumer or local law requires otherwise.

12. Changes

We may update these terms. We will publish the new version with a new version number and effective date and give merchants at least 30 days' notice of material changes by email or in the app. Continued use after the effective date is acceptance; if you disagree, uninstall before then.

13. Contact

[LEGAL ENTITY NAME: set LEGAL_ENTITY_NAME], [ADDRESS: set LEGAL_ADDRESS], support@tekgen.io.