Introduction

Welcome to EliteCart, also called EliteCart & Upsell ("App"), a service provided by GEFA Technology AB ("we," "us," or "our"). Our App offers a cart drawer as a service for Shopify store merchants. This cart drawer provides several features, including in-cart upsells. By accessing or using our app, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not install and access the app.

Account Registration and Use

EliteCart, developed and maintained by GEFA Technology AB, is exclusively available for installation via the Shopify App Store. To use EliteCart, you must install the App through Shopify and comply with Shopify’s terms and conditions as well as these Terms. You are responsible for ensuring that the information associated with your Shopify account, through which EliteCart will be accessed and used, is accurate, complete, and updated regularly.

Use License

Subject to these Terms, GEFA Technology AB grants you a revocable, non-exclusive, non-transferable license to use EliteCart solely for your personal or business use on the Shopify platform.

Warranty Disclaimer

The App is provided on an "as is" and "as available" basis. GEFA Technology AB and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither GEFA Technology AB nor its suppliers and licensors, make any warranty that the App will be error-free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

In no event will GEFA Technology AB, its directors, employees, partners, agents, suppliers, or licensors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use EliteCart; (ii) any conduct or content of any third party on EliteCart; (iii) any content obtained from EliteCart; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not GEFA Technology AB has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Furthermore, GEFA Technology AB does not warrant the complete security, reliability, and accuracy of any content or information obtained through EliteCart, nor does it guarantee that any defects in the service will be corrected. Users agree that the risk of using the service rests entirely with them, to the extent permitted under applicable law.

Notwithstanding anything to the contrary contained herein, GEFA Technology AB's liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty (50) Swedish Kronor or the amount you have paid GEFA Technology AB in the past six (6) months, whichever is greater. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Modifications to the Service

We reserve the right to modify the service (or any part of it) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

Intellectual Property

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of EliteCart and its licensors.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. Any disputes arising from or related to the use of EliteCart will be subject to the jurisdiction of the courts where GEFA Technology AB is located.

Changes to the Terms

GEFA Technology AB reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Indemnification

You agree to defend, indemnify, and hold harmless GEFA Technology AB, its affiliates, and their respective directors, officers, employees, agents, partners, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to EliteCart; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, privacy, or property right; or (iv) any claim that your use of EliteCart caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of EliteCart.

Contact Information

For queries or complaints regarding our privacy practices, please contact us via email at contact@elitecart.app