Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the Deliver+ application ("the App," "the Service") developed and operated by Latte & Launch ("we," "us," "our"). By installing, accessing, or using Deliver+, you ("Merchant," "you," "your") agree to be bound by these Terms.

If you do not agree to these Terms, do not install or use the App. These Terms are in addition to, and do not replace, the Shopify Terms of Service and the Shopify App Developer Agreement.

2. Description of Service

Deliver+ is a Shopify application that enables merchants to:

• Upload and manage digital product files
• Send branded download emails to customers upon purchase
• Generate secure, time-limited download links
• Customize email templates with their own branding
• Track download analytics and manage digital product fulfillment
• Support multiple product types including standard downloads, license keys, drip courses, memberships, pre-orders, and custom/made-to-order products

3. Account and Eligibility

To use Deliver+, you must:

• Have an active Shopify store with a valid Shopify account
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal authority to enter into these Terms on behalf of your business
• Install the App through the official Shopify App Store

You are responsible for maintaining the security of your Shopify account credentials. We are not liable for any unauthorized access to your account.

4. Plans and Pricing

4a. Available Plans

Deliver+ offers the following plans:

• Free: 3 products, 500 MB storage, 15 orders/month, 7-day analytics
• Starter ($9.99/mo): Unlimited products, 10 GB storage, unlimited orders, 30-day analytics
• Growth ($18.99/mo): Unlimited products, 50 GB storage, unlimited orders, 90-day analytics, PDF stamping, custom sender email
• Pro ($39.99/mo): Unlimited products, 500 GB storage, unlimited orders, unlimited analytics, API access, white-label emails

4b. Free Trial

All paid plans include a 14-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, you will be automatically charged the plan price through Shopify billing.

4c. Billing

All billing is handled through Shopify's billing system. Charges appear on your regular Shopify invoice. We do not collect or store payment information directly. By subscribing to a paid plan, you authorize Shopify to charge the applicable fees to your Shopify account.

4d. Plan Changes

You may upgrade or downgrade your plan at any time from the Deliver+ dashboard. Upgrades take effect immediately. Downgrades take effect at the end of your current billing cycle. Your products and files are preserved when changing plans, though features exclusive to higher plans will become unavailable upon downgrade.

4e. Refunds

We offer a 30-day money-back guarantee on all paid plans. If you are not satisfied with Deliver+ within the first 30 days of your paid subscription, contact us at deliver-support@latteandlaunch.com and we will issue a full refund through the Shopify Partner Dashboard. After 30 days, no refunds are provided for partial billing cycles. You may cancel anytime by uninstalling the app to stop future charges.

4f. Bandwidth

All plans include zero bandwidth fees. There are no per-download or per-GB charges for file delivery on any plan.

5. Acceptable Use

You agree to use Deliver+ only for lawful purposes. You may not use the Service to:

• Upload, store, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Distribute malware, viruses, or other harmful software
• Infringe on any third party's intellectual property rights, including distributing pirated content, unauthorized copies of software, or copyrighted material you do not have the right to distribute
• Upload content that exploits or harms minors
• Engage in fraud, phishing, or any deceptive practices
• Attempt to circumvent download limits, security measures, or access controls
• Use the Service to send unsolicited marketing emails to end customers
• Resell, sublicense, or redistribute the Service itself
• Interfere with or disrupt the Service's infrastructure or other users' use of the Service
• Reverse engineer, decompile, or attempt to extract the source code of the App

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you are violating these Terms or engaging in illegal activity. We will provide notice before suspension when possible.

6. Your Content

6a. Ownership

You retain all ownership rights to the digital product files you upload to Deliver+. We do not claim any intellectual property rights over your content.

6b. License to Us

By uploading content to Deliver+, you grant us a limited, non-exclusive license to store, process, and transmit your files solely for the purpose of providing the Service (delivering your digital products to your customers). This license terminates when you delete your files or uninstall the App.

6c. Your Responsibility

You are solely responsible for the content you upload and distribute through Deliver+. You represent and warrant that:

• You own or have the necessary rights and licenses to distribute the content
• Your content does not infringe on any third party's intellectual property rights
• Your content complies with all applicable laws and regulations

6d. Content Removal

We may remove content that violates these Terms or applicable law. We will notify you if we remove your content unless prohibited by law from doing so.

7. Intellectual Property

The Deliver+ application, including its design, code, features, documentation, branding, logos, and all related intellectual property, is owned by Latte & Launch. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

You may not use the Deliver+ name, logo, or branding without our prior written consent, except as necessary to identify the Service in connection with your store.

8. Privacy and Data

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to our data practices as described in the Privacy Policy.

As a Merchant, you are responsible for:

• Complying with applicable privacy laws in your jurisdiction
• Having a privacy policy on your own store that discloses your use of third-party apps like Deliver+ for order fulfillment
• Obtaining any necessary consents from your customers for data processing
• Responding to customer data requests in accordance with applicable law

9. Service Availability and Modifications

9a. Uptime

We strive to maintain high availability of the Service but do not guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will provide advance notice of scheduled maintenance when possible.

9b. Modifications

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that negatively affect your use of the Service. If we discontinue the Service entirely, we will provide at least 30 days' notice and assist with data export.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• We disclaim all warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
• Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the total amount you paid to us in the twelve (12) months preceding the claim
• We are not liable for any loss or damage resulting from your failure to maintain the security of your account credentials
• We are not liable for the actions, content, or data of third parties, including Shopify, Cloudflare, or any end customer

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Latte & Launch and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your content or digital products distributed through the Service
• Your violation of any applicable law or third-party rights
• Any dispute between you and your end customers

12. Termination

12a. By You

You may terminate your use of Deliver+ at any time by uninstalling the App from your Shopify store. Upon uninstallation, your subscription will be canceled and no further charges will be incurred. Active billing cycles are not prorated.

12b. By Us

We may suspend or terminate your access to the Service if:

• You materially breach these Terms and fail to cure the breach within 14 days of notice
• You engage in illegal activity through the Service
• Your use of the Service poses a security risk to other users or our infrastructure
• Required by law or regulation

We will provide notice before termination when possible and assist with data export where practical.

12c. Effect of Termination

Upon termination, we will delete your data in accordance with our Privacy Policy (within 30 days). Sections 6a (ownership), 10 (limitation of liability), 11 (indemnification), and 14 (governing law) survive termination.

13. Dispute Resolution

If a dispute arises from these Terms or your use of the Service, we encourage you to first contact us at deliver-support@latteandlaunch.com to attempt to resolve it informally. We will make good-faith efforts to resolve any dispute within 30 days.

If the dispute cannot be resolved informally, both parties agree to resolve it through binding arbitration rather than in court, except that either party may seek injunctive relief in court for intellectual property violations. Class action lawsuits and class-wide arbitration are not permitted.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. For users in the European Union, these Terms do not affect your rights under mandatory consumer protection laws of your country of residence.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email to your Shopify store admin address and by updating the "Last updated" date at the top of this page. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you should uninstall the App.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Latte & Launch regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets
• Force Majeure: We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or infrastructure failures

17. Contact Us

If you have questions about these Terms of Service:

Email: deliver-support@latteandlaunch.com

Developer: Latte & Launch

Website: latteandlaunch.com

App listing: Shopify App Store