Terms of Service

1. Acceptance of Terms & Authority to Bind

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Merchant,” “you,” or “your”) and Prothom International (“Company,” “we,” “us,” or “our”), governing your installation, access, and use of the ShopGuard QA application (“App” or “Service”) via the Shopify App Store.

By installing the App on your Shopify store, accessing our dashboard, or initiating an automated audit, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, partnership, corporation, or other legal entity, you represent and warrant that you have full legal authority to bind such entity to these Terms. If you do not agree to these Terms or lack such authority, you must immediately uninstall the App from your store.

2. Service Description & Pure Admin Architecture

ShopGuard QA provides automated store diagnostics, catalog health auditing, broken hyperlink detection (HTTP 404s), missing product variant image scanning, and ghost variant detection.

Zero Theme Footprint Architecture: ShopGuard QA operates strictly as an embedded Admin application utilizing Shopify Polaris and App Bridge. The App:

• Does not inject Liquid code, snippets, or templates into your storefront theme.
• Does not register storefront ScriptTags or execute customer-facing tracking pixels.
• Does not alter your store catalog automatically; all fixes are executed through direct deep-links in Shopify Admin under your sole direction.
• Leaves zero residual code or database clutter upon uninstallation.

We reserve the operational discretion to update, enhance, optimize, or modify audit rules and detection heuristics over time to improve diagnostic fidelity.

3. Subscriptions, Fees, 7-Day Free Trial & Taxes

Pricing: Access to ShopGuard QA is billed on a recurring monthly subscription of $19.00 USD per month following the conclusion of any applicable trial period.

7-Day Free Trial: All new installations receive a 7-day unrestricted free trial. During this trial, you have full access to scan your entire catalog and detect flaws.

Shopify Billing API & Taxes: All billing, invoicing, and payment processing is handled exclusively through Shopify’s official Billing API. Charges will appear directly on your standard monthly Shopify invoice. Stated fees are exclusive of all applicable federal, provincial, state, local, or harmonized sales taxes (including GST/HST and VAT), which Shopify calculates and remits based on your billing jurisdiction.

Cancellation & Refunds: You may cancel your subscription at any time with one click by uninstalling the App from your Shopify Admin (Settings → Apps and sales channels → Uninstall). If you uninstall prior to the expiration of your 7-day trial, your payment method will never be charged. Because billing is managed via Shopify, refund requests are evaluated in accordance with Shopify Billing guidelines or by contacting support@prothom.dev.

4. Merchant Obligations, Content Ownership & Acceptable Use

You represent and warrant that you are authorized to install applications on the connected Shopify store. You retain full ownership and responsibility for your store catalog, product listings, descriptions, imagery, and all external hyperlinks embedded therein.

You agree not to:

• Use the Service for any unlawful, fraudulent, defamatory, or unauthorized purpose.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
• Circumvent, disable, or tamper with security-related features, crawler rate limiters, or API token exchanges.
• Attempt Server-Side Request Forgery (SSRF) attacks, probe private IP ranges, or target prohibited loopback interfaces through custom catalog links.
• Launch automated denial-of-service scripts or abusive high-frequency scanning that degrades infrastructure performance for other merchants.

5. Platform Independence & Shopify Ecosystem Disclaimer

ShopGuard QA is an independent software application created and operated by Prothom International. The Service is not developed, sponsored, or endorsed by Shopify Inc.

You acknowledge that the Service depends upon the operational availability, API quotas, and functionality of the Shopify platform and third-party cloud hosting infrastructure (including Fly.io and Cloudflare). Prothom International shall not be held liable or responsible for any delays, outages, rate limiting, data transmission errors, API deprecations, or service disruptions caused by Shopify Inc. or external cloud network providers.

6. Warranty Disclaimer (“AS-IS”)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROTHOM INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT:

• THE AUDIT RESULTS WILL BE 100% EXHAUSTIVE, UNINTERRUPTED, OR FREE OF TEMPORARY NETWORK TIMEOUTS CAUSED BY THIRD-PARTY STOREFRONT HOSTS.
• USE OF THE APP WILL RESULT IN SPECIFIC COMMERCIAL OUTCOMES, INCREASED SALES REVENUE, IMPROVED SEARCH ENGINE RANKINGS (SEO), OR SPECIFIC GOOGLE LIGHTHOUSE BENCHMARK SCORES.
• ALL THIRD-PARTY HYPERLINKS EMBEDDED IN PRODUCT DESCRIPTIONS CAN BE REACHED IF HOSTED BEHIND STRICT ANTI-BOT FIREWALLS OR CLOUDFLARE CHALLENGES.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROTHOM INTERNATIONAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE.

AGGREGATE LIABILITY CAP: IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO PROTHOM INTERNATIONAL FOR SHOPGUARD QA DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY US DOLLARS ($50.00 USD).

8. Merchant Indemnification

You agree to defend, indemnify, and hold harmless Prothom International, its parent, subsidiaries, affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees and disbursements) arising out of or related to:

• Your access to or use of the Service;
• Your breach or alleged breach of any provision of these Terms or our Privacy Policy;
• Any content, imagery, product claims, or hyperlinks present in your store catalog audited by the Service; or
• Your violation of any third-party rights, including intellectual property, privacy, or consumer protection rights.

9. Suspension, Throttling & Termination

We reserve the right, at our sole operational discretion and without prior notice or liability, to immediately suspend, throttle, or terminate your access to the Service if: (a) you violate these Terms or our acceptable use rules; (b) your scanning patterns threaten the availability, stability, or security of our systems or other merchants; (c) your Shopify store is closed, suspended, or flagged by Shopify; or (d) required to do so by applicable law, regulation, or court order.

10. Intellectual Property Rights & Merchant Feedback License

All right, title, and interest in and to ShopGuard QA, including software code, database architecture, design systems, algorithms, trademarks, and documentation, are and will remain the exclusive property of Prothom International.

Merchant Feedback License: If you submit any suggestions, feature requests, diagnostic feedback, or improvements to us (“Feedback”), you hereby grant Prothom International an irrevocable, perpetual, worldwide, royalty-free, fully transferable, and sublicensable license to use, incorporate, and exploit such Feedback in any manner without restriction, compensation, or attribution to you.

11. Governing Law, Exclusive Ontario Jurisdiction & Class Action Waiver

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Informal Resolution First: Prior to initiating any formal legal proceeding, you agree to contact support@prothom.dev and work in good faith to resolve the dispute informally for at least thirty (30) days.

Exclusive Venue: Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the courts of the Province of Ontario located in the City of Toronto, Canada, and each party irrevocably submits to the exclusive personal jurisdiction of such courts.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST PROTHOM INTERNATIONAL.

Time Limitation: Any cause of action or claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrued; otherwise, such cause of action or claim is permanently barred.

12. Modifications to These Terms

We reserve the right to revise or update these Terms at any time. When updates occur, we will revise the “Effective Date / Last Updated” date at the top of this document and may provide prominent notification within the App dashboard. Your continued access to or use of the Service following the effective date of updated Terms constitutes your binding agreement to the revised Terms. If you object to any changes, your sole remedy is to uninstall the App.

13. Entire Agreement, Severability, Assignment & Force Majeure

Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and Prothom International concerning the Service, superseding all prior oral or written agreements.

Severability: If any provision of these Terms is determined by an Ontario court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Prothom International may freely assign, transfer, or delegate these Terms and its rights and obligations without restriction or merchant consent in connection with an acquisition, merger, corporate reorganization, or sale of assets.

Force Majeure: Prothom International shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, labor shortages, telecommunications failures, cyberattacks, cloud hosting disruptions, or governmental actions.

14. Contact & Support

If you have any questions, feedback, or legal inquiries regarding these Terms of Service, please contact our legal and support team:

• Company: Prothom International
• Support Email: support@prothom.dev
• Website: prothom.dev