Shopify Beta Addendum

This addendum is between Community.com, Inc. (“Community”) and Customer and supplements the Community Customer Terms or the Platform Terms (the “Agreement”) between Community and Customer. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. As condition precedent to Customer’s participation in a Shopify integration offered by Community as a Beta Feature (the “Shopify Beta”), Customer agrees as follows:  


1. Scope

As part of the Shopify Beta, Customer will be able to link Customer’s Shopify store to Customer’s Community account, so that individuals checking out on Shopify who check a box will (1) be sent a customizable welcome message and signup link from Customer’s Community Number (if they’re not already a Community Member), and (2) be added to a newly-created “Shopify” community in the “Communities” tab on Customer’s Community account.

 

2. Shopify Checkout Marketing Settings

(a) Shopify Plus Customers

If Customer is a Shopify Plus customer, then in order to enable the Shopify Beta, Customer will need to configure the “Checkout Marketing” settings (by editing the checkout.liquid file) in Customer’s Shopify store to use Community-approved language on the checkout page (the “Approved Marketing Checkbox Text”), with the checkbox unchecked by default. Currently, the Approved Marketing Checkbox Text for Shopify Plus customers is as follows: 

I want to receive exclusive texts for [insert Community Leader name] Shopify customers from and on behalf of [insert Community Leader name]/Community. If I’m not an existing [insert Community Leader name] Community Member, please text me an invitation at the number I provided above. I also agree to Community’s Privacy Policy (community.com/privacy) and Terms (community.com/terms). Message & data rates may apply. Consent is not a condition of purchase. Message HELP for help, STOP to cancel.

(b) Non-Shopify Plus Customers

If Customer is not a Shopify Plus customer, then in order to enable the Shopify Beta, Customer will need to configure the “Checkout Marketing” settings in Customer’s Shopify store, and must use the Approved Marketing Checkbox Text in the “Accept Marketing Checkbox Label” text entry field, with the checkbox unchecked by default. Currently, the Approved Marketing Checkbox Text for non-Shopify Plus customers is as follows:

Keep me up to date on news and exclusive offers via email, and I also want to receive exclusive texts for [insert Community Leader name] Shopify customers from and on behalf of [insert Community Leader name]/Community. If I’m not an existing [insert Community Leader name] Community Member, please text me an invitation at the number I provided below. I also agree to Community’s Privacy Policy (community.com/privacy) and Terms (community.com/terms). Message & data rates may apply. Consent is not a condition of purchase. Message HELP for help, STOP to cancel.

(c) Additional Terms

Community will notify Customer in writing (email sufficing) of any change to the Approved Marketing Checkbox Text, and Customer will update Customer’s Shopify store to reflect the change as soon as reasonably practicable (and in any event within 48 hours). If Customer has not yet published the Approved Marketing Checkbox Text at the time of notification, it will ensure that any changes are incorporated at the time if publication. Customer will only use the Approved Marketing Checkbox Text to obtain consent to send text messages via Community.  Customer acknowledges and agrees that any changes to or removal of the legal language required by this addendum, failure to ensure the opt-in check box to unchecked by default, or any other act or omission which Community in its sole discretion deems noncompliant with the Agreement, this addendum, the AUP or Applicable Laws will result in immediate suspension (without notice) of Customer’s access to the Shopify Beta. 

 

3. Shopify-Specific Welcome Message

As part of enabling the Shopify Beta, Customer must set a new System Message in Customer’s Community account settings that will be sent only to an individual checking out on Customer’s Shopify store that checks the box next to the Approved Marketing Checkbox Text and is not already a Customer Community Member (the “Shopify Welcome Message”). The Shopify Welcome Message must contain only an invitation with no other marketing or advertising information. Customer hereby expressly consents to the Shopify Welcome Message being sent as part of the Shopify Beta.

 

4. Shopify Data Access

The Shopify Beta involves the use of a “Private Application,” as such term is defined in the Shopify API License and Terms of Use (available at: https://www.shopify.com/legal/api-terms) (the “Shopify API Terms”), and Customer hereby expressly authorizes Community to access and use Shopify APIs on Customer’s behalf in order to provide Customer with access to the Shopify Beta in connection with such a Private Application (which, for clarity, involves Community requesting certain “Merchant Data” from a Shopify API (e.g., phone number, Shopify customer ID, “Buyer Accepts Marketing” status, etc.), as such term is defined in the Shopify API Terms, needed to provide Customer with the intended Shopify Beta functionality. Community shall not retain, use or disclose Merchant Data for any purpose other than for the specific purpose(s) set out in this addendum or as otherwise permitted by applicable law. Community’s privacy policy (available at https://www.community.com/privacy) describes Community’s collection, use and storage of the Merchant Data, and Customer acknowledges that Customer has had the opportunity to ask Community questions regarding its privacy practices.

 

5. Shopify Disclaimers.

Customer acknowledges that: (i) Shopify is not liable for any fault in connection with the Shopify Beta or any harm that may result from Customer’s installation or use of a Private Application developed by Community in connection therewith; and (ii) except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of such application.

 

6. Term & Termination.

Customer may terminate this addendum at any time by disconnecting Customer’s Shopify store from Customer’s Community account. Community may terminate this addendum (a) with at least 14 days’ prior written notice to Customer (email sufficing) in the event that it elects to discontinue the Shopify Beta, and (b) effective immediately if Customer is in breach of the terms of this addendum or if Community’s agreement with Shopify relating to Community’s access to and use of the Shopify API is terminated for any reason. Upon termination, Community may disable the Shopify Beta for Customer, and Customer will as soon as reasonably practicable (and in any event within 48 hours) update Customer’s Shopify store to remove the Approved Marketing Checkbox Text.



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