Terms of Service

These Terms of Service (the "Terms") are entered into between Even Better Apps LLC ("Even Better," "we," "us," or "our") and the merchant ("Merchant," "you," or "your") that installs, accesses, or uses the Send To Many application and related services, or other applications and services developed by Even Better, and any person who accesses https://evenbetterapps.com/ or https://sendtomany.com/ (the "Websites") or any of the products, resources, or services available through the Websites.

IMPORTANT: These Terms govern your use of the Service. It does not modify your separate agreements with Shopify or any other platform. If you do not agree to these Terms, do not install or use the Service.

1. Definitions

1.1 "App" means the Send To Many application and any related features, integrations, scripts, widgets, theme components, APIs, and services we provide.

1.2 "Authorized Users" means your employees, agents, contractors, and other individuals you authorize to access and use the Service under your account, including any users invited through Shopify staff accounts or your internal permission settings.

1.3 "Bulk Upload" means any spreadsheet, CSV, Google Sheet, file, form submission, or other batch input used to create, map, stage, or generate orders, draft orders, recipients, addresses, line items, discounts, taxes, shipping, payment terms, tags, notes, or other order-related data.

1.4 "Customer Data" means information relating to your customers, recipients, or end users processed through the Service (including names, addresses, emails, phone numbers, gift messages, delivery dates, and similar information).

1.5 "Fees" means all fees you owe for the Service, including subscription, usage-based, per-order charges, and any third-party platform billing charges.

1.6 "Generated Orders" means any orders, draft orders, invoices, "summary" records, child orders, customer records, fulfillment objects, or other Store artifacts created, modified, or triggered through use of the Service, including auto-generation after payment or after a Merchant action.

1.7 "Merchant Data" means Store data, order data, and other data accessible via Shopify APIs or otherwise provided to us through your use of the Service, including Bulk Upload contents.

1.8 "Service" means the App, any Website, support resources for the App, and any related services we provide in connection with Send To Many.

1.9 "Shopify" means the Shopify commerce platform and any Shopify services, APIs, dashboards, tools, billing, and reporting interfaces.

1.10 "Store" means the Shopify store (or other ecommerce property) for which you install or use the App.

2. Acceptance, authority, and electronic records

2.1 Acceptance. You accept these Terms by (a) installing the App, (b) clicking an "I agree," "Accept," or similar button presented in the Service, or (c) otherwise accessing or using a Website or any other part of the Service.

2.2 Authority. If you use the Service on behalf of an entity, you represent and warrant you have authority to bind that entity to these Terms.

2.3 Electronic communications and records. You consent to receive notices and communications electronically. You agree that our electronic records (including logs showing your acceptance of these Terms, the version accepted, timestamps, and feature confirmations) may be used to evidence your assent and use of the Service.

3. Eligibility, accounts, and responsibility for Authorized Users

3.1 Eligibility. You must be at least 18 years old and able to form a binding contract to use the Service.

3.2 Account security. You are responsible for maintaining the confidentiality and security of your accounts, credentials, and access tokens, and for all actions taken by your Authorized Users.

3.3 Authorized Users. You are responsible for compliance with these Terms by your Authorized Users and for any Generated Orders or other actions they perform.

4. Permitted use; restrictions

4.1 Limited license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for

your internal business purposes in connection with your Store.

4.2 No sale. The Service is licensed, not sold.

4.3 Restrictions. You may not attempt to violate the security of the Service, or use the Service to violate the security of other persons or websites or to violate the law, including by: (1) accessing data not owned by or intended for you or logging into an account that you are not authorized to access or using automated scraping; (2) attempting to probe, scan, test the vulnerability of, or otherwise interfere with the Service or to breach security or authentication measures; (3) attempting to interfere with service to any User, host or network, including without limitation, by submitting a virus to the Service; (4) sending unsolicited email; (5) forging any TCP/IP packet header or any part of the header information in any email; or (6) attempting to alter, make derivative works of, copy, disassemble or reverse engineer any of the software making up any part of the Service.

Even Better will take all reasonably necessary steps to investigate suspected violations of this agreement. We reserve the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing us to disclose the identity of anyone engaging in conduct that is believed to violate the law. Further, we reserve the right, in our sole discretion, to release your details to system administrators at other sites to assist them in resolving security incidents.

You release Even Better from all liability for any action we take during or as a result of its investigations and for any actions taken as a consequence of investigations by either us or law enforcement authorities.

4.4 References to third-party sites or services. The Service may include hyperlinks to other websites that we do not own or operate. These links are provided for your convenience, and Even Better may receive commissions or further financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. We may not have reviewed, and do not necessarily endorse, the content of other websites. Even Better has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of the Service, and we invite feedback about websites that our Service links to.

5. Merchant sole responsibility for Generated Orders

5.1 Merchant is responsible for all Generated Orders. You acknowledge and agree that any Generated Orders are created in your Store for your business purposes and are your sole responsibility. You understand and agree that Even Better is not responsible for any inaccuracy or omission in any Generated Order. You must ensure that the following information is accurately and completely reflected in any and all Bulk Upload data and Generated Orders:

• product/variant selection, quantities, pricing, discounts, gift messages, notes, tags, and metadata;

• recipient identities and addresses;

• inventory impacts, fulfillment workflows, and delivery outcomes;

• payment terms, invoicing, and customer communications; and

• refunds, cancellations, customer service, chargebacks, disputes, and compliance obligations.

5.2 No guarantee of accuracy; you must review before creating orders. The Service may provide mapping, previews, validations, address suggestions, shipping previews, or tax previews based on your Store configuration and the data you provide. However, you are solely responsible for reviewing, verifying, and approving Bulk Upload data and the resulting preview/summary before you generate orders. You should generate test orders and validate outcomes before running high-volume sends. (Send To Many's workflow is designed to provide you with review opportunities prior to generating orders, but we do not do any of the review for you.)

5.3 Irreversible or high-impact actions. You acknowledge that generating large numbers of orders can create significant operational, inventory, and financial impacts. Once Generated Orders exist in your Store, they may trigger:

• customer emails and notifications;

• fulfillment tasks and integrations;

• inventory reservations/adjustments; and

• analytics and reporting entries.

You agree you are solely responsible for deciding when to proceed.

5.4 We are not your merchant of record. You are the seller/merchant of record (or equivalent) for transactions in your Store and remain responsible for your customer relationships and Store operations.

6. Taxes, configuration testing, and tax reporting implications

6.1 No tax advice. The Service does not provide legal, tax, or accounting advice. You are solely responsible for obtaining appropriate professional advice about your tax and reporting obligations.

6.2 Tax calculation depends on your Store setup. You acknowledge that any tax amounts, rates, exemptions, or calculations applied to orders created using the Service are determined solely by your Shopify store configuration and applicable law.

Depending on your settings, the Service may request or receive tax and shipping information from Shopify at the time an order is created. Such information may be derived from Shopify's native tax features, third-party tax applications or services connected to your Shopify store, custom tax logic, or other tools queried or relied upon by Shopify.

You further acknowledge that tax outcomes may depend on multiple factors, including but not limited to your store tax settings, product taxability settings, customer exemptions, markets, locations, shipping destinations, and applicable laws and regulations.

The Service does not independently calculate, verify, or guarantee the accuracy of any tax amounts.

6.3 Merchant responsibility to test tax configuration. You are solely responsible for testing, validating, and understanding how your Store tax configuration applies to Generated Orders (including draft orders, invoices, and child orders) and for ensuring that your tax collection and reporting are correct in all relevant jurisdictions. Shopify guidance likewise emphasizes that tax is the merchant's responsibility.

6.4 Merchant responsibility for tax collection, reporting, and remittance. You are solely responsible for determining, collecting, withholding, reporting, and remitting all taxes, duties, fees, and similar charges that arise from or relate to sales in your Store and your use of the Service.

7. Shopify reporting, analytics, and "inflated revenue" responsibility

7.1 Generated Orders can affect reporting. You acknowledge that Generated Orders may affect Shopify reporting, analytics, and financial dashboards, including revenue-related metrics, depending on how Shopify categorizes draft orders, invoices, summary records, and child orders.

7.2 Summary invoice / draft order mechanics. The Service may create a draft order or "summary invoice" to collect payment and track aggregate order amounts for a send, while also generating child orders. Even where the Service uses techniques intended to reduce double-counting (for example, using custom items in a draft order), your reporting outcomes may vary based on your Store configuration and workflows.

7.3 Merchant responsibility to reconcile and exclude/adjust reporting. You are solely responsible for:

• accounting reconciliation between any summary invoice/draft records and child orders;

• excluding or adjusting any excess or duplicated values in Shopify reporting or downstream systems (ERP, accounting, BI, CRM); and

• implementing any tagging, filtering, or reporting governance required for your business.

7.4 No accounting warranty. We do not warrant that Shopify reporting, analytics, or your downstream reporting will reflect revenue, tax, or accounting outcomes in any particular way.

8. Feature-gated consent for bulk and order-generation features

8.1 Bulk/order-generation confirmations are conditions of use. Certain features can generate large numbers of orders or high-value transactions ("Bulk Order Features"). Before you can use Bulk Order Features, the Service may require you (or your Authorized User) to complete one or more in-app confirmations (for example, confirming you reviewed the upload preview, tax settings, and reporting implications). You agree that these confirmations are part of your use of the Service and are contractually binding acknowledgements.

8.2 Recorded consents. You agree we may record your confirmations (including timestamps, user identifiers where available, Store identifiers, and the Terms version) for audit and dispute-resolution purposes.

9. Fees, billing, and refunds

9.1 Fees. You agree to pay all Fees associated with your use of the Service. Fees may include recurring subscription fees (e.g., on a monthly or annual basis) and/or usage-based charges (including per-order fees) as disclosed at the point of purchase or in your Store billing interface.

9.2 Platform billing. If Fees are billed through Shopify or another platform, that platform may control billing mechanics, invoicing, and refund handling, and you agree to comply with the platform's billing terms.

9.3 Taxes on our Fees. You are responsible for any taxes applicable to the Fees, except where we are required by law to collect them.

9.4 Refunds. Except as required by law or expressly stated in writing by us or Shopify, Fees are non-refundable, and no credits are permitted.

10. Data, privacy, and security

10.1 Privacy Policy. Our privacy practices are described in our Privacy Policy (https://sendtomany.com/privacy), which is incorporated by reference.

10.2 Purpose limitation. The security of Customer Data is very important to us. We store Customer Data securely, using industry-standard encryption technology. When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). Subject to Shopify's API terms and applicable law, we will access and use Merchant Data and Customer Data only as necessary to provide and improve the Service and as described in these Terms and our privacy disclosures, and we may use service data that we derive or aggregate from your use of the Service so long as such data is sufficiently extracted, modified or transformed so that it cannot be reverse-engineered or otherwise identified from the inspection, analysis or further processing of the data.

10.3 Merchant responsibilities for Customer Data. You represent and warrant that you have all rights, permissions, and consents necessary to provide Customer Data to us and to use the Service for your intended purposes, including sending communications and fulfilling orders.

10.4 No competitive benchmarking. We will not use Merchant Data or Customer Data for competitive benchmarking in violation of Shopify's API terms.

10.5 AI/ML restrictions. We will not use Merchant Data or Customer Data (including derived or aggregated forms) for training or developing AI or machine-learning systems except to the extent permitted under Shopify's terms and with any required consents/authorizations.

10.6 Deletion upon uninstall. Upon uninstall, we will delete or anonymize Merchant Data and Customer Data within a commercially reasonable period consistent with Shopify's API requirements and applicable law, except where retention is required for legal, security, dispute, or compliance purposes.

11. Shopify-specific notices; Shopify third-party beneficiary

11.1 Shopify is not a party; no Shopify liability. You acknowledge that Shopify is not a party to these Terms. Shopify is not liable for any fault in the Service or any harm that may result from its installation or use.

11.2 Shopify support disclaimer. Except where expressly stated by Shopify, Shopify cannot provide assistance with installation or use of the Service.

11.3 Developer responsibility. You acknowledge that we are solely responsible for the Service, including support, maintenance, and any liabilities arising from (a) your access to or use of the Service and (b) our access, use, distribution, or storage of Merchant Data.

11.4 Third-party beneficiary. Shopify is an intended third-party beneficiary of Sections 11.1 through 11.3 and may enforce those sections.

12. Accessibility

We work to provide the Service in a way that is compatible with commonly used assistive browsers, tools, and technologies. We strive to provide accessibility and usability for users, but accessibility is an ongoing effort, and it may not be possible in all areas of our Service with current technology and other restrictions. If you have questions, concerns or feedback related to the functionality or accessibility of the Service, please email us at the feedback address below.

When you contact us, please be sure to tell us:

• the nature of the accessibility issue;

• your preferred format to receive a response;

• the relevant address for the webpage you are trying to access; and

• how to contact you.

13. Intellectual property; feedback

13.1 Our IP. We retain all right, title, and interest in and to the Service and all intellectual property rights therein (such as copyright, trademark, trade name, service mark, or any other proprietary notice or legend), excluding any third-party intellectual property rights that we have the right to use.

The material accessible from the Service, including text, data, images, interfaces, the "look and feel" of the Websites, and other materials or works of authorship (the "Content") is owned or licensed by Even Better. You may not copy, distribute, republish, upload, post, transmit, or create derivative works of Content without our prior written consent. You may not remove, alter, or cause the removal or alteration, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. We have the right to modify, manage or eliminate any Content at any time.

Our name, logos, and other product and service identifiers are our trademarks. All other trademarks appearing in the Service are the property of their respective owners. No rights are granted to you in these trademarks.

13.2 Feedback. We welcome and encourage feedback, comments and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at help@evenbetterapps.com or through the "chat" function of the Website. You agree that all Feedback will become the sole and exclusive property of Even Better, and you hereby irrevocably assign to us all of your rights in and to all Feedback without any right to compensation.

13.3 DMCA NOTICE TO COPYRIGHT OWNERS

Even Better owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available on the Service, or via the Service, by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Service. In accordance with the Digital Millennium Copyright Act, or "DMCA" (summary here), you should notify us promptly if you believe any materials displayed within the Service infringe your copyright; please send your notice by email for prompt attention. Regardless of whether we are liable for such infringement, our response may include removing or restricting access to material claimed to be infringing activity or terminating the alleged infringer's access to the Service. If we remove or restrict access in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter notification.

Please send all notices to goodcounsel, LLC, 1 E Erie St., Ste 525 #412, Chicago, IL 60603, attention: goodcounsel DMCA compliance; phone: 773-245-6708; email: dmca@mygoodcounsel.com.

Your notice of alleged copyright infringement should include the following:

• A description of how your copyrighted work or other intellectual property has been infringed;

• A description of where the infringing material is located on the Service;

• Where we can contact you and, if different, where the allegedly infringing party can contact you;

• A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

• A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

• Your electronic or physical signature.

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Service infringes your copyright, or whether material posted by you is infringing, you should seek legal advice.

14. Termination

14.1 Termination by you. You may terminate by uninstalling the App or otherwise ceasing use; however, monthly and annual subscriptions are in effect until the end of the applicable billing period, regardless of when you cancel, and we do not issue refunds if you cancel before the end of the billing period.

14.2 Termination by us. We may suspend or terminate access if you violate these Terms, if required for security/compliance, or if we discontinue the App or any part of the Service, or for any other reason. You understand and accept that Even Better maintains complete discretion with respect to termination, and that we will not be liable to you or any third party for any termination.

14.3 Effect of termination. Termination does not relieve you of obligations accrued before termination, including payment obligations and responsibility for Generated Orders already created in your Store.

14.4 Survival. Sections 4.3, 5 through 13, 14.4, and 15 through 20, and any other provision that refers to a period of time after you are no longer using the Service will continue in effect for the maximum period of time permitted by law.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, CONTENT IS ACCURATE AND COMPLETE OR FREE OF TYPOGRAPHICAL ERRORS, OR THAT GENERATED ORDERS, TAX CALCULATIONS, SHIPPING PREVIEWS, OR REPORTING OUTCOMES WILL BE CORRECT OR WILL MEET YOUR REQUIREMENTS.

Updates to the Service may not be identical or consistent across all platforms and devices. If you do not refresh the App or Website after an update, they may not reflect the most recent features, functionality, or content.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ACTUAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF EVEN BETTER AND ITS AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS AGENTS, OFFICERS, MANAGERS, AND MEMBERS (COLLECTIVELY, "AFFILIATES") TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICE (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE LESSER OF (I) $100 OR (II) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

If you are a California resident, you waive California Civil Code Section 1542, which states, in part: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

17. Indemnification

To the maximum extent permitted by law, you shall indemnify, defend, and hold harmless Even Better and its Affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) your or your Authorized Users' use of the Service; (b) any Generated Orders, including their accuracy, fulfillment, refunds, chargebacks, and customer disputes; (c) your tax configuration, tax collection, tax reporting, tax remittance, and related compliance; (d) your reporting, accounting, disclosures, and financial statements, including any "inflated revenue" or duplicated reporting arising from your Store configuration and workflows; (e) your breach of these Terms; or (f) your violation of applicable law or third-party rights (including privacy rights) in connection with Customer Data or other data you provide to us or use in connection with the Service.

Even Better reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

18. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service, email, or other reasonable means. Material changes may require affirmative acceptance to continue using the Service or certain features. If you do not agree to the changes, you may be required to cease your access to the Service. Continued use or access of the Service after modification will constitute your acceptance of these Terms as modified.

19. Governing law; dispute resolution

19.1 Governing law. These Terms are governed by the laws of the State of Illinois without regard to conflict-of-law rules.

19.2 Dispute resolution. If any dispute between you and Even Better or arising out of or in connection with these Terms cannot reasonably be resolved through good faith efforts and mutual negotiation, you agree that the exclusive venue for the dispute will be in the state and federal courts located in Chicago, Illinois, and you irrevocably waive, to the fullest extent permitted by law, any objection thereto. You irrevocably consent to the personal jurisdiction of these courts and that valid service of process may be made upon you.

Further, you agree that any controversy which may arise between you and Even Better or arising out of or in connection with these Terms is likely to involve complicated and difficult issues and, therefore, you and Even Better irrevocably and unconditionally waives any right it may have to trial by jury in any legal action relating to or arising out of these Terms.

20. Miscellaneous

20.1 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor.

20.2 Severability. If any provision is unenforceable, the remainder remains in effect.

20.3 Entire agreement. These Terms, plus referenced policies/addenda, are the entire agreement.

20.4 No waiver. Failure to enforce a provision is not a waiver.

20.5 Contact. 1606 Main Street, Evanston, IL 60202 and help@evenbetterapps.com. Any notices or other communications permitted or required hereunder to you will be in writing and given by the Company via email to the address that you provided when registering for the Service, and will be effective upon transmission.

If you are a resident of California, you may request additional information or submit claims or complaints regarding the Service by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (800) 952-5210, or in writing at:

Complaint Assistance Unit Division of Consumer Services California Department of Consumer Affairs 1625 N. Market Blvd., Suite N 112 Sacramento, California 95834