Terms of Service

Last updated: 30/10/2025
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1.1 These Terms of Service (Terms) are a legal agreement between you, the merchant installing or using the app, and Vibal Agency Pty Ltd (ABN 49 639 919 912) trading as Unicorn Cart, of 24 Tower Street Vaucluse, New South Wales, Australia (Unicorn Cart, we, us, our).
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1.2 The Terms cover your use of the Unicorn Cart Shopify app, the unicornboost.app website, and any related features, support or documentation (together, the Service).

1.3 You accept these Terms by doing any of the following: installing the app, ticking an acceptance box, or using the Service. If you do not agree, do not install or use the Service.
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1.4 If you accept these Terms for a business, you confirm that you have authority to bind that business. In that case "you" means the business.
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1.5 These Terms incorporate our Privacy Policy (https://help.unicornboost.app/en/articles/11820844-app-privacy-policy) and Data Processing Addendum (https://help.unicornboost.app/en/articles/11820844-app-privacy-policy). If those documents conflict with these Terms, these Terms apply, except on personal data matters, where the Data Processing Addendum applies.
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3.1 The Service is for business use only. You must be at least 18, hold an active Shopify account, and use the Service for a trade or business.

3.2 You confirm that you are not acquiring the Service as a consumer. This matters for some local laws; see section 15.

3.3 You must not use the Service if you are barred from doing so under the laws of Australia, the United States or the country you operate from. This includes trade sanctions.
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4.1 Unicorn Cart is a slide cart app for Shopify stores. Its features may include cart drawers, upsells, cross-sells, free-shipping and reward progress bars, and related analytics. Features can differ by plan.

4.2 Subject to these Terms and payment of the Fees, we grant you a non-exclusive, non-transferable, revocable licence to use the Service on your Store during your subscription.

4.3 Shopify is not a party to these Terms. We, not Shopify, are solely responsible for the app. Shopify is not liable for any fault in the app or for any harm that may result from installing or using it.

4.4 Shopify does not provide support for the app. Contact us for help (section 18).

4.5 Your use of Shopify itself is governed by your agreement with Shopify. We are not responsible for Shopify's platform, outages, policy changes or decisions about your Shopify account.

4.6 If Shopify removes the app from the Shopify App Store, or limits our API access, we may have to change, suspend or end the Service. We will give you as much notice as we reasonably can.
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5.1 Billing through Shopify. All Fees are charged through Shopify's billing system and appear on your Shopify invoice. You authorise Shopify to collect the Fees for us. Fees are in US dollars unless your plan states otherwise.

5.2 Plans and usage charges. Plan prices, features and any usage-based charges (for example, charges linked to cart-driven order volume or revenue) are as shown in the app and on our Shopify App Store listing at the time you subscribe. Usage charges are calculated from data recorded by the Service and are capped at the limit you approve in Shopify.

5.3 Free trials. We may offer a free trial of 7 days. When the trial ends, your plan Fees start automatically unless you uninstall the app first.

5.4 Taxes. Fees exclude taxes unless stated otherwise. Shopify may collect GST, VAT, sales tax or similar taxes on our behalf where required.

5.5 Price changes. We may change our Fees or plans by giving you at least 30 days' notice by email or in the app. Shopify may also require you to approve the new charge. If you do not accept a change, you can uninstall the app before it takes effect.

5.6 Refunds. Fees are non-refundable, including for partial billing periods, except where required by law (section 15) or where we decide otherwise. We may offer credits or refunds in our discretion; doing so once does not oblige us to do it again.

5.7 Legacy plans. If you are on a legacy plan, we may move you to a current plan by giving at least 30 days' notice under 5.5.

5.8 Unpaid Fees. If Shopify cannot collect Fees, we may suspend or downgrade the Service until payment is made.
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6.1 Your offers and your store. You are solely responsible for your Merchant Content and how you configure the Service. That includes product prices, discounts, upsell and bundle offers, free-shipping thresholds, reward rules, and the copy shown in your cart. Check your settings before publishing them.

6.2 Your obligations to Customers. You are responsible for complying with Applicable Law in your dealings with Customers. This includes consumer protection, pricing display, "was/now" and discount claims, marketing consent, cookie and tracking consent, accessibility, and tax.

6.3 Theme and app compatibility. Shopify themes and other apps can conflict with the Service. You are responsible for testing the Service on your Store, keeping a backup of your theme, and telling us promptly about any issue.

6.4 Account security. Keep your Shopify login secure and make sure anyone with staff access to the app follows these Terms.

6.5 You must not:

7.1 Our roles. For information about you and your staff (account contacts, billing, support conversations), we are the controller, and our Privacy Policy applies. For Customer Data, you are the controller and we are your processor (in US terms, your service provider). We process Customer Data only to provide the Service, on your instructions, and as these Terms and the Data Processing Addendum set out.

7.2 Data Processing Addendum. Our DPA ([https://help.unicornboost.app/en/articles/11820844-app-privacy-policy) forms part of these Terms. It covers the EU and UK GDPR, the Swiss FADP, the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 2020, Singapore's Personal Data Protection Act 2012, and US state privacy laws such as the CCPA/CPRA. Where those laws require it, the DPA includes the EU Standard Contractual Clauses and the UK International Data Transfer Addendum.

7.3 International transfers. We are based in Australia and use service providers in other countries, including the United States and the Philippines, to host, support and analyse the Service. We protect transferred data as the DPA describes. Our current list of sub-processors is at https://help.unicornboost.app/en/articles/11820844-app-privacy-policy

7.4 Your duties. You are responsible for having a lawful basis and any notices or consents needed for us to process Customer Data. That includes a privacy policy and cookie notice on your Store that cover the Service.

7.5 We do not sell Customer Data. We do not sell or share Customer Data for cross-context behavioural advertising, and we do not use it to market to your Customers.

7.6 Usage and aggregated data. We may collect technical and usage data about how the Service performs. We may use aggregated or de-identified data, which does not identify you or any Customer, to improve the Service and publish benchmarks.

7.7 Security and breaches. We use reasonable technical and organisational measures to protect data. If we become aware of a data breach affecting Customer Data, we will notify you without undue delay, as the DPA sets out.

7.8 Deletion. We respond to Shopify's mandatory privacy requests. When you uninstall the app, we delete or de-identify your Store's Customer Data within the time Shopify requires, unless the law requires us to keep it.
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8.1 We and our licensors own all rights in the Service, including its software, designs, templates and the Unicorn Cart name and logo. These Terms give you no rights beyond the licence in 4.2.

8.2 You own your Merchant Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, display and process it only as needed to provide and support the Service.

8.3 You confirm that you have the rights needed to use your Merchant Content and that it does not infringe anyone else's rights.

8.4 If you give us feedback or suggestions, we may use them freely without paying you or owing you anything.

8.5 Unless you opt out by emailing us, we may name your Store as a customer and show your logo in our marketing. We will not publish your sales figures without your consent.
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9.1 The Service may connect to third-party products, such as other Shopify apps, themes, analytics tools or payment and shipping providers. We do not control those products. Their own terms govern your use of them, and we are not responsible for them.

9.2 If a third party changes or withdraws an integration, we may change or remove that feature.
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10.1 We aim to keep the Service available and working well, but we do not promise uninterrupted or error-free operation. The Service may be unavailable during maintenance, Shopify outages, or events outside our reasonable control.

10.2 Support is provided by email and in-app chat during our business hours (9am - 7pm AEST, Monday - Friday). We aim to respond within 1 business day. Response times are targets, not guarantees, unless your plan says otherwise in writing.

10.3 We may improve, change or remove features. If a change materially reduces the core functionality of your paid plan, we will give you at least 30 days' notice where reasonably possible, and you may uninstall the app.

10.4 With your permission, our support team may access your Store admin or theme to help you. You are responsible for reviewing any changes we make at your request.
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11.1 Each party confirms that it has the power to enter into these Terms.

11.2 We will provide the Service with reasonable care and skill.

11.3 TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXCLUDE ALL OTHER WARRANTIES, CONDITIONS AND TERMS, WHETHER EXPRESS OR IMPLIED. THESE INCLUDE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.4 No guarantee of results. Any figures we share about conversion rates, average order value, revenue uplift or return on investment are examples only. We do not guarantee that the Service will increase your sales or deliver any particular commercial result.

11.5 Nothing in these Terms excludes rights that cannot lawfully be excluded. Section 15 explains these for each country.

12.1 Excluded losses. TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS. NEITHER PARTY IS LIABLE FOR LOSS OF PROFIT, REVENUE, SALES, ORDERS, CONVERSIONS, GOODWILL OR DATA, OR FOR BUSINESS INTERRUPTION. THIS APPLIES WHETHER THE LOSS IS DIRECT OR INDIRECT, AND HOWEVER IT ARISES, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER STATUTE.

12.2 Cap. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS AND THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND (B) US$100.

12.3 Contribution. Our liability is reduced to the extent that your acts or omissions caused or contributed to the loss. This includes your configuration of offers, prices or discounts, your theme, other apps, and any failure to follow our reasonable instructions.

12.4 What is not limited. Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; your obligation to pay Fees; your indemnity in section 13; or any other liability that cannot lawfully be limited or excluded.

12.5 You must notify us of any claim within 12 months after you become aware of it, unless a longer period is required by law.

13.1 You indemnify us, our officers, employees and contractors against any third-party claim, and the resulting losses, costs and reasonable legal fees, to the extent it arises from:

13.2 We will tell you promptly about any such claim, and let you control its defence, provided you keep us informed and do not settle it in a way that imposes obligations on us without our consent.

14.1 These Terms start when you first accept them and continue until you uninstall the app or either party ends them.

14.2 You can stop at any time by uninstalling the app from your Shopify admin. Billing stops in line with Shopify's billing rules. Fees already charged are not refunded except as set out in 5.6 or section 15.

14.3 We may end these Terms for any reason by giving you 30 days' notice.

14.4 We may suspend or end the Service immediately if: you materially breach these Terms and do not fix the breach within 7 days of notice (or the breach cannot be fixed); your use creates a security, legal or reputational risk to us, Shopify or others; Fees are unpaid; or Shopify or the law requires it.

14.5 On termination: your licence ends; the app's features stop showing on your Store; and we handle your data under 7.8. Removing the app may leave code or settings in your theme. You are responsible for checking your theme after uninstalling, and we will give reasonable help if you ask.

14.6 Sections 5 (for unpaid Fees), 7, 8, 11, 12, 13, 15, 16 and 17 survive termination.

The terms below apply on top of the rest of these Terms if you are based in, or your Store is operated from, the country named. If they conflict with the rest of these Terms, the country-specific terms apply.
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(a) The Australian Consumer Law may give you consumer guarantees that cannot be excluded, restricted or modified. Nothing in these Terms excludes them.

(b) Where the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.

(c) If a provision of these Terms would be an unfair contract term under the Australian Consumer Law or the ASIC Act, it is to be read down or severed only to the extent needed to avoid that result.
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(a) You are acquiring the Service in trade, for business purposes. To the extent permitted by law, the Consumer Guarantees Act 1993 does not apply.

(b) To the extent permitted by sections 5C and 5D of the Fair Trading Act 1986, sections 9, 12A, 13 and 14(1) of that Act do not apply to these Terms.

(c) Both parties agree that it is fair and reasonable for them to be bound by (a) and (b).
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(a) Some states do not allow the exclusion of certain implied warranties or the limitation of certain damages. In those states, our warranty exclusions and limits apply to the fullest extent the state allows.

(b) For the CCPA/CPRA and similar state privacy laws, we act as your service provider (or processor) for Customer Data. We will not sell or share it, or retain, use or disclose it outside our direct business relationship with you, except as the law permits.

(c) To the extent permitted by law, each party waives any right to a jury trial, and claims may be brought only on an individual basis, not as part of a class or representative action.
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(a) The Service is supplied business-to-business. The Consumer Rights Act 2015 does not apply.

(b) The limits and exclusions in section 12 apply only to the extent they are reasonable under the Unfair Contract Terms Act 1977. The parties agree they are reasonable, given the Fees and the availability of insurance.

(c) The UK GDPR and the Data Protection Act 2018 apply to Customer Data as set out in the DPA.
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(a) The Service is supplied business-to-business, and EU consumer protection rules do not apply.

(b) The EU GDPR applies to Customer Data as set out in the DPA, including the Standard Contractual Clauses for transfers outside the EEA.

(c) Switching and data export. You can end the Service at any time by uninstalling the app, and we charge no fee for switching. If you ask before uninstalling, we will give you a copy of the exportable data held about your Store, in a common machine-readable format, within 30 days of your request. Ask before you uninstall: Shopify requires us to delete Store data shortly after uninstallation (see 7.8). This is in addition to the export tools in the app and any rights under the EU Data Act.

(d) Mandatory provisions of the law of your EU member state continue to apply.
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(a) The Service is supplied business-to-business.

(b) The limits and exclusions in section 12 apply only to the extent they are reasonable under Singapore's Unfair Contract Terms Act 1977.

(c) We handle personal data in line with the Personal Data Protection Act 2012, as set out in the DPA. You are responsible for any consents your Customers must give, including under the PDPA's Do Not Call rules and the Spam Control Act 2007 where they apply to your marketing.

(d) A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of them.
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16.1 These Terms are governed by the laws of New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Talk to us first. If a dispute arises, the party raising it must send written notice with details. Both parties will try in good faith to resolve it within 30 days before starting court proceedings.

16.3 Courts. If the dispute is not resolved, each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting there.

16.4 Either party may seek urgent injunctive relief in any court with jurisdiction.

16.5 Sections 16.1 and 16.3 do not remove any protection you have under mandatory laws of your own country that cannot be excluded by agreement.
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17.1 Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the app. Other changes take effect when published. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, uninstall the app before the change takes effect.

17.2 Force majeure. Neither party is liable for delay or failure caused by events outside its reasonable control, such as outages at Shopify or hosting providers, natural disasters, cyberattacks or government action. This does not apply to paying Fees.

17.3 Assignment. You may not assign these Terms without our written consent. We may assign or novate them to a related company or to a buyer of all or part of our business, by giving you notice.

17.4 Subcontractors. We may use contractors and service providers to deliver the Service and remain responsible for their performance.

17.5 Notices. We may send notices to the email address on your Shopify account or in the app. You must send notices to [legal/support email].

17.6 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency or employment relationship.

17.7 Severability and waiver. If a provision is invalid or unenforceable, it is read down or severed, and the rest continues. A failure to enforce a right is not a waiver of it.

17.8 Entire agreement. These Terms, the Privacy Policy and the DPA are the entire agreement about the Service. They replace any earlier understanding. Any terms in your purchase orders or other documents do not apply.

17.9 Language. These Terms are written in English. If they are translated, the English version prevails.
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Vibal Agency Pty Ltd trading as Unicorn Cart