Terms of Service

1. Acceptance of Terms

By installing, accessing, or using the Real Cloud Tracking Shopify application ("App"), you ("Merchant" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the App.

These Terms constitute a legally binding agreement between you and Real Cloud Tracking ("we," "us," or "our"). Your continued use of the App following any updates to these Terms constitutes acceptance of the revised Terms.

2. Description of Service

Real Cloud Tracking is a Shopify application that provides server-side tracking and marketing analytics services, including:

• Server-side event tracking and forwarding to third-party marketing platforms
• Session enrichment and customer journey analytics
• Integration with Meta (Facebook) Conversion API, Google Analytics, Google Ads, Klaviyo, and Google Tag Manager
• Conversion monitoring and event deduplication
• A data layer for Google Tag Manager

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time with reasonable notice.

3. Eligibility and Account Registration

To use the App, you must:

• Have an active Shopify store in good standing.
• Be at least 18 years of age and have the legal authority to enter into binding agreements on behalf of yourself or your business.
• Provide accurate and complete information when configuring the App and keep that information current.

You are responsible for maintaining the confidentiality of any API keys, tokens, or credentials associated with your account and for all activity that occurs under your account.

4. Subscription and Billing

The App is offered on a subscription basis. Billing is handled entirely through Shopify's billing system:

• Subscription fees are charged to your Shopify account on a recurring basis in accordance with the plan you select.
• Fees are non-refundable except as required by applicable law or as expressly stated in these Terms.
• We reserve the right to change subscription pricing with at least 30 days' notice. Continued use of the App after the price change takes effect constitutes your acceptance of the new pricing.
• You may cancel your subscription at any time through the Shopify App Store. Cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You agree not to use the App to:

• Violate any applicable law, regulation, or Shopify's Terms of Service or Partner Program Agreement.
• Track individuals without a lawful basis for processing or without providing required notices and obtaining any necessary consents under applicable privacy laws.
• Transmit malicious code, engage in unauthorized data scraping, or attempt to reverse-engineer, decompile, or disassemble the App.
• Interfere with or disrupt the integrity or performance of the App or its underlying infrastructure.
• Use the App in any manner that could damage, disable, overburden, or impair our systems.
• Resell, sublicense, or otherwise commercialize the App without our prior written consent.

6. Data and Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

As a Merchant, you are the data controller for your customers' personal data. You are solely responsible for:

• Obtaining all necessary consents and providing all required notices to your customers before enabling tracking through the App.
• Ensuring your use of the App complies with all applicable data protection laws, including GDPR, CCPA/CPRA, and any other relevant regulations in your jurisdiction.
• Maintaining an accurate and compliant privacy policy on your storefront that discloses your use of server-side tracking and the third-party platforms you have configured.
• Responding to data subject requests from your customers related to data processed through the App.

7. Intellectual Property

The App, including all software, designs, text, graphics, and other content, is owned by Real Cloud Tracking and protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the App.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your internal business purposes in connection with your Shopify store, subject to these Terms.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that the App will meet your specific requirements, that tracking data will be 100% accurate or complete, or that the App will be free from errors, bugs, or security vulnerabilities. We are not responsible for the policies, practices, or availability of any third-party platforms (such as Meta, Google, or Klaviyo) to which the App transmits data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REAL CLOUD TRACKING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Real Cloud Tracking and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any data you transmit through the App, including any claims by your customers arising from your data practices.

11. Termination

Either party may terminate these Terms at any time:

• You may terminate by uninstalling the App from your Shopify store. Uninstallation cancels your subscription at the end of the current billing period.
• We may suspend or terminate your access to the App immediately, without prior notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or to the integrity of our services.

Upon termination, your license to use the App ceases immediately and we will handle your data in accordance with our Privacy Policy.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via the App or by email at least 14 days before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and uninstall it before the changes take effect.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the App that cannot be resolved informally shall be submitted to binding arbitration or the courts of competent jurisdiction, as applicable.

14. Contact Us

If you have questions or concerns about these Terms, please contact us at: