Yalla

The following terms (the “Terms of Service”) describe the terms and conditions applicable to your access to and use of the Linkpop application (“Linkpop” or the “App”), and the Linkpop services, and any associated software or products (collectively referred to as the “Service”). This document is a legally binding agreement between you, as the user of the Service (referred to as “you” or “your”), and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc. The Service is offered by Shopify and allows you to create a landing page of links (the “Linkpop Page”). For Shopify Merchants only, the Service allows you to list shoppable links on your Linkpop Page, allowing visitors to purchase selected products through such shoppable links via their Shopify Store. Shopify Merchants’ use of the Shopify Services shall be governed by the Shopify Merchant Terms of Service (the “Shopify Merchant TOS”). Any capitalized terms not defined herein shall have the meaning ascribed to them in the Shopify Merchant TOS. The Service is not affiliated with Instagram, Facebook, Twitter or any other platforms. In providing the Service, Shopify may utilize third party service providers (each, a “Third Party Provider”). By signing up for the Service (including by downloading the App), you are agreeing to be bound by these Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here: https://www.linkpop.com/terms. We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and our Privacy Policy available at: undefined before you may use the Service.

1.General Conditions

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
The Service is available by downloading the App in the Apple App Store and/or the Google Play Store.
Technical support is available via email only at linkpop@shopify.com.
You acknowledge and agree that the Service and the App, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Shopify.
You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here: https://www.linkpop.com/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the App or the Service.
You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of Canada and the Province of Ontario.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Linkpop, Shopify or Shopify’s trademarks and/or variations and misspellings thereof.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

2.Our Rights

We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your access to the Service.
We reserve the right to refuse the Service to anyone for any reason at any time.
A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.
We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
It is in our sole discretion to refuse or remove any content that is available via the Service.

3.Accuracy, Completeness and Timeliness of Information

We make no warranties with respect to the App or Service, and we are not responsible if any information available via the Service is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any use of or reliance on the material, information or content made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.
Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service has been modified or updated.

Data Processing Addendum

This Data Processing Addendum (“Addendum”) amends the Linkpop Terms of Service (the “Agreement”) by and between you, where “you” means a user of the Service that is not a Shopify Merchant, as defined under the Shopify Merchant Terms of Service, and Shopify Inc., a Canadan corporation with offices at 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada, on behalf of itself and its Singaporean affiliate Shopify Commerce Singapore PTE.LTD., and its Irish affiliate Shopify International Ltd. (collectively “Shopify”).

1.Definitions

“Data Protection Legislation” means European Union Regulation 2016/679 (the “General Data Protection Regulation”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it, and any other applicable legislation;
“Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;
“Service Provider” shall be interpreted in accordance with the California Consumer Privacy Act of 2018;
“Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with or to an identifiable or identified Data Subject who visits your Linkpop Page (an “End User”), which Shopify Processes as a Data Processor or Service Provider in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Shopify Processes in the context of services that it provides directly to a consumer, such as through its consumer facing applications like Shop and Shop Pay;
“Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your End User’s Personal Data; and
All other capitalized terms in this Addendum shall have the same definition as in the Agreement.

2.Data Protection

Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be Processed by Shopify’s Irish affiliate, Shopify International Ltd. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Shopify Processes Personal Data in the course of providing the Services, Shopify will:
In the course of providing the Services, you acknowledge and agree that Shopify may use Subprocessors to Process the Personal Data. Shopify’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Shopify and Subprocessor that requires comparable protections to this Data Processing Addendum. A current list of Subprocessors may be found online at: Shopify's subprocessors. If you object to the appointment of a Subprocessor you may terminate this agreement in accordance with the Agreement.

3.Miscellaneous

In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Shopify may amend this Addendum from time to time by posting the relevant amended and restated Addendum here: https://www.linkpop.com/terms and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to https://www.linkpop.com/terms constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Addendum.