Promo Party Pro
Terms of Service

Effective Date: April 1st, 2025
Last Updated: April 23rd, 2026

By using Promo Party Pro, you acknowledge you've read, understood, and agree to these Terms of Service.

1. Agreement

By installing or using Promo Party Pro ("the App"), you agree to these Terms of Service. If you don't agree, don't use the App.

ETHERCYCLE LLC ("we", "us", "our") provides the App. You ("merchant", "you", "your") are the Shopify store owner using it.

2. What We Provide

The App provides promotional tools and features for your Shopify store. Features may change without notice. We'll try to keep things stable, but we reserve the right to modify, suspend, or discontinue any part of the App.

3. Your Responsibilities

You agree to:

• Use the App only for lawful purposes
• Comply with Shopify's Terms of Service and Acceptable Use Policy
• Provide accurate information when setting up promotions
• Not reverse engineer, copy, or resell the App
• Not use the App to mislead customers about pricing or promotions

You're responsible for:

• Your store's content and promotions
• Compliance with applicable laws (consumer protection, pricing regulations, etc.)
• Any damages from violating these terms

3.1 FTC Compliance for "Free" Promotions

When using the App for "free gift with purchase" offers, you must:

• Clearly disclose all terms and conditions at the time of the offer, before purchase completion
• Not increase prices of other items to recover the cost of the "free" item
• Display the word "free" accurately - items are only free if customers pay nothing extra beyond normal price and shipping
• State minimum purchase requirements clearly (e.g., "Free gift with purchases over $50")
• Disclose any limitations on quantities, time periods, or customer eligibility
• Not use "free" if customers must buy multiple items to get one at no cost (use "buy one, get one" instead)
• Include shipping costs in disclosures if the "free" item increases shipping charges

You acknowledge that:

• Misuse of "free" claims can result in FTC enforcement actions
• You're solely responsible for FTC compliance
• We don't review or approve your promotional content
• The App is a tool; how you configure promotions determines compliance

4. Payment and Billing

• Billing happens through Shopify's billing system
• Subscriptions auto-renew until cancelled
• No refunds for partial months
• We can change pricing with 30 days notice
• Non-payment may result in service suspension

5. Intellectual Property

• We own the App and all its components
• You own your store data
• You grant us permission to access and use your data solely to provide the App's services
• Don't copy our code, design, or documentation

6. Privacy and Data

• We access only the minimum data required to run the App
• We don't sell your data
• We use industry-standard security measures
• You're responsible for your customers' data privacy
• See our Privacy Policy for details

7. Liability Limitations

THE APP AND THE PROMOPARTY.APP WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, AND CONFORMANCE WITH WCAG OR ANY OTHER ACCESSIBILITY STANDARD.

We're not liable for:

• Lost profits or revenue
• Data loss or corruption
• Service interruptions
• Indirect, incidental, special, consequential, or punitive damages
• Issues caused by Shopify platform changes
• FTC fines or regulatory penalties from your promotional practices
• Customer disputes about promotional offers
• Accessibility claims arising from your storefront or marketing site
• Privacy, wiretap, or session-recording claims arising from analytics you deploy on your storefront

Our total aggregate liability for any claim won't exceed the greater of (a) one hundred US dollars ($100), or (b) the fees you paid us in the twelve (12) months before the claim arose.

Nothing in this section limits liability that cannot be excluded under applicable consumer-protection law, including non-waivable rights under California or EU/UK consumer law.

7.1 No Legal Advice

The App provides technical functionality only. We don't provide legal advice about FTC compliance, accessibility, privacy, or promotional regulations. Consult your own legal counsel about compliance requirements in your jurisdiction.

7.2 Accessibility Disclaimer

The App is a developer tool, not a turn-key accessibility solution. We do not warrant that the App or its output will conform to the Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), the California Unruh Civil Rights Act, the Unruh Consumer Protection Act, or any analogous state, federal, or international accessibility law. You are solely responsible for the accessibility of your storefront, marketing site, and any merchant-facing surfaces where the App's output renders. We disclaim liability for ADA Title III, Unruh, UWAA, or analogous claims arising from your use of the App.

8. Indemnification

You'll defend and hold us harmless from claims arising from:

• Your use of the App
• Your promotions and marketing
• Your violation of these terms
• Your violation of any laws or third-party rights
• Any FTC or regulatory action related to your promotional practices
• Customer complaints about misleading "free" offers
• Claims under the Americans with Disabilities Act (ADA) Title III, the California Unruh Civil Rights Act, the Unruh Consumer Protection Act, or any analogous state, federal, or international accessibility law arising from your storefront or marketing site
• Claims under the California Invasion of Privacy Act (CIPA), state wiretap statutes, or state privacy laws (CCPA/CPRA, VCDPA, CTDPA, UCPA, and analogous statutes) arising from analytics, pixels, chat widgets, or session-recording tools you deploy on your storefront
• Claims arising from your processing of customer personal information in violation of GDPR, UK GDPR, or analogous laws

9. Termination

Either party can terminate:

• You: Cancel through Shopify's app management by uninstalling the app at any time
• Us: For violation of terms, non-payment, or at our discretion with notice

After termination:

• Your access ends immediately
• We may delete your app data after 30 days
• Sections that should survive (liability, indemnification) remain in effect

10. Disputes

Pre-suit notice and cure. Before filing any claim, demand for arbitration, lawsuit, or administrative complaint, the claimant must give us sixty (60) days' prior written notice describing the claim with reasonable particularity and the relief sought. Notice must be sent to ETHERCYCLE LLC, 4905 Old Orchard Rd, Ste 512, Skokie, IL 60030, and to support@ethercycle.com. We have thirty (30) days from receipt to cure or offer good-faith remediation. No claim may be filed during the notice or cure period, and any claim filed without prior compliance with this clause is waived.

• Governed by the laws of the State of Illinois, without regard to conflict-of-laws principles
• Any dispute that survives the notice-and-cure process is resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules
• No class actions, no collective actions, no consolidated proceedings. All claims must be brought in the claimant's individual capacity, and the arbitrator may not consolidate or aggregate claims
• Jury trial waived to the maximum extent permitted by law
• Each party pays its own legal fees, except that the arbitrator may award fees and costs to the prevailing party where a claim or defense is brought in bad faith or is frivolous
• Nothing in this section bars either party from seeking emergency injunctive relief in a court of competent jurisdiction in Cook County, Illinois

10.1 Website Visitor Disputes

Section 10 applies not only to merchants who install the App but to any visitor or user of the promoparty.app website, including any person bringing a claim under the Americans with Disabilities Act, the California Unruh Civil Rights Act, the California Invasion of Privacy Act, or any analogous accessibility, privacy, or wiretap statute. By accessing promoparty.app or any subdomain, you agree to the pre-suit notice, cure period, individual-arbitration requirement, class-action waiver, and jury-trial waiver in Section 10.

11. Miscellaneous

• These terms are the entire agreement
• We can update terms with 30 days notice (email or in-app)
• If any part is invalid, the rest stays in effect
• We can assign these terms; you can't
• Not responding to a violation isn't a waiver

12. Contact

Questions about these terms?

By using Promo Party Pro, you acknowledge you've read, understood, and agree to these Terms of Service.