1. The agreement
These terms are between you, the merchant installing the Rarity app, and Callio LLC ("Rarity", "we"). By installing or using the app you accept them, together with the Privacy policy and the Data processing agreement. If you install on behalf of a company, you confirm you can bind it.
2. The service
Rarity adds auctions, make-an-offer and scheduled drops to a Shopify store through an embedded admin app and theme app extension blocks. Checkout, payment, taxes, shipping and fulfilment are handled by Shopify under Shopify's own terms. Rarity creates draft orders for auction winners and accepted offers; whether and how those are paid is between you, your shopper and Shopify.
3. Plans, billing and trials
- Plans: Free ($0), Starter ($5 per month) and Pro ($15 per month), in US dollars. What each includes is shown on the pricing section and on the Plans page in the app. Monthly limits (for example, the number of auctions or drops) reset on the first day of each billing cycle.
- Billing: paid plans are billed through Shopify's Billing API and appear on your Shopify invoice. Shopify adds applicable taxes.
- Trials: Starter and Pro include a 14-day free trial the first time you subscribe. You are charged when the trial ends unless you downgrade to Free before then.
- Changes: upgrading takes effect immediately, with Shopify prorating the charge. Downgrading takes effect at the end of the current cycle. Features above your new plan's limits stop working when it takes effect.
- Refunds: charges are not refundable except where the law requires it or the app was unusable through our fault for a substantial part of a billing period, in which case email us and we'll put it right.
- Price changes: we'll give at least 30 days' notice in the app before a price increase. Continuing to use a paid plan after that date means you accept the new price.
4. Acceptable use
You agree not to use Rarity to:
- Sell anything illegal in your or your buyer's jurisdiction, or anything Shopify's Acceptable Use Policy prohibits.
- Run auctions or offers that are misleading: shill bidding on your own listings, fake reserves, or "sold" claims for items that didn't sell.
- Email people who have not asked to hear from you, or use launch lists for anything other than the drop they signed up for.
- Attempt to access another store's data, probe or overload the service, or reverse-engineer the app.
- Remove the "Powered by Rarity" mark on a plan that includes it.
Auctions are regulated in some places. You are responsible for complying with any licensing, consumer-protection or distance-selling rules that apply to auctions and offers where you sell.
5. Your responsibilities
- You decide the rules of each auction, offer and drop, and you honour them with your buyers. Rarity enforces the rules you set; it doesn't set them for you.
- You are responsible for the products, descriptions and images you list, and for fulfilling sales.
- You keep your Shopify staff accounts secure. Anything done through your admin is treated as done by you.
- You have your own privacy notice for shoppers and a lawful basis for collecting their data through the app.
- If you connect Klaviyo or a webhook, you are responsible for what those tools do with the data.
6. Data
Shopper data collected through the app is yours; we process it for you under the DPA. Everything is deleted when you uninstall. We may keep aggregated, non-identifying usage statistics (for example, how many auctions run per month across all stores) to improve the service.
7. Intellectual property
Rarity, its code, design, name and logo belong to us. You get a non-exclusive, non-transferable licence to use the app on your store for as long as it's installed. You keep all rights to your content. You allow us to display your store name and, if you agree in writing, a screenshot or quote, as an example of a merchant using Rarity.
8. Availability and changes
We aim to keep Rarity available at all times but don't guarantee uninterrupted service. Auctions end and drops open on a schedule that depends on the app being reachable; we'll do our best to keep it that way and to recover quickly if it isn't. We may add, change or retire features; if we retire something you're paying for, we'll give notice and, where fair, a refund for the remainder of the cycle.
9. Warranty and liability
Rarity is provided as is. To the extent the law allows, we make no warranties about fitness for a particular purpose, and we are not liable for indirect, consequential or special losses, lost profits, or lost sales, including from an auction ending late, an email not arriving, or a draft order not being paid. Our total liability to you for any claim in a 12-month period is limited to the amount you paid us in that period, or $100 if you're on the Free plan. Nothing in these terms limits liability that can't be limited by law.
10. Termination
You can stop at any time by uninstalling the app; billing stops with your current cycle. We may suspend or end your access if you breach these terms, if Shopify requires it, or if we stop offering the app, in which case we'll give reasonable notice where we can. Sections 6, 7, 9 and 11 survive termination.
11. General
These terms are governed by the laws of the State of Georgia, United States, and the state and federal courts located in Georgia have exclusive jurisdiction, except that you may also rely on mandatory consumer or business protections where you are based. If a part of these terms is unenforceable, the rest remains. Our failure to enforce something once isn't a waiver. You may not transfer this agreement; we may transfer it to a successor who takes over the service. We may update these terms; material changes are announced in the app at least 14 days before they take effect. Questions: alex@gocallio.com.