TERMS AND CONDITIONS

Last Updated: 29 May 2025

Thank you for choosing the Biscuits Bundles app (the “App”), provided by Sundae Lane Pty Ltd (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of the App. By installing or using the App, you (“Merchant” or “you”) agree to be bound by these Terms. If you do not agree, do not install or use the App.

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1. Scope & Acceptance

1.1 Provider. The App is provided by Sundae Lane Pty Ltd, an independent service provider not affiliated with Shopify Inc. (“Shopify”).

1.2 Purpose. The App enables Merchants to create product bundles, apply discounted pricing, and transmit those details to the Shopify checkout process. We do not process payments or handle transactions; Shopify manages subscription billing for the App and processes final sales to your customers.

1.3 Acceptance. By installing or using the App, you accept and agree to these Terms, as well as any additional policies or guidelines referenced herein, including our Privacy Policy. If you do not agree, you must not use the App.

1.4 Authority to Bind. By accepting these Terms, you represent and warrant that you have the legal authority to bind the entity you represent to these Terms. If you do not have such authority, you must not accept these Terms or use the App on behalf of your organization.

1.5 Continued Use Regardless of Payment. If, at any time, you access, benefit from, or rely on the App—including but not limited to displaying, advertising, or selling bundles created with the App—without an active paid subscription, you are still deemed to have accepted and to be fully bound by these Terms. This applies to use during free-trial periods, paused billing, test or development stores, or any circumstance in which App functionality remains available due to technical, billing, or platform-related factors.

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2. Use of the App

2.1 Merchant Responsibilities

• You are responsible for ensuring the App meets your business needs and complies with all applicable laws, regulations, accessibility standards, and platform policies, including Shopify's Terms of Service and Acceptable Use Policy.
• You are solely responsible for the accuracy of products, pricing, discounts, or promotional offers configured within the App.
• You are also responsible for ensuring that your store complies with any region-specific legal or regulatory requirements, including (but not limited to) consumer rights disclosures, unit pricing mandates, tax display rules, and product labeling obligations applicable in your jurisdiction. We do not warrant that the App accounts for or automates compliance with such requirements.
• You are solely responsible for ensuring that your store and any public-facing features, including those influenced by the App, meet applicable accessibility standards (such as the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG)). We do not warrant that the App or its outputs will be fully compliant with accessibility regulations in any jurisdiction, and you acknowledge that configurations made through the App may impact compliance. It is your responsibility to test and validate your storefront for accessibility compliance.
• You are solely responsible for keeping backup copies of your store data, code, and themes, before installing, enabling, or updating any settings in the App.

2.2 Prohibited Activities

• You agree not to use the App for any unlawful activities or in a manner that violates Shopify’s Acceptable Use Policy, including but not limited to the sale of prohibited products, engaging in deceptive practices, or any activities that infringe upon the rights of others.
• You also agree not to: (a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App; (b) use the App to build or help a third-party build a competing product or service; (c) conduct automated load- or penetration-testing without our prior written consent; (d) transmit viruses, malware, or any code designed to disable or impair the App; or (e) introduce content that infringes intellectual-property or privacy rights, or that is defamatory, obscene, or otherwise unlawful.

2.3 Service Changes and Sunsetting

• We may modify, suspend, or discontinue any feature of the App at any time. Where a change materially reduces core functionality, we will provide at least thirty (30) days’ prior notice by email or in-App message, unless the change is required to address an urgent security or legal issue. Continued use of the App after the effective date of a change constitutes your acceptance of the modified App.

2.4 Sample Code and Snippets

• From time to time we may publish example code, Liquid snippets, or other sample implementations (collectively, “Sample Code”) in our help centre, documentation, or support messages. Sample Code is provided “AS IS” without warranties of any kind and may require adaptation or testing in your specific theme or environment. You acknowledge that use of Sample Code is entirely at your own risk and remains subject to the disclaimers and liability limitations set out in Section 5.

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3. Privacy & Data

3.1 Data Collection

• We collect only the personal data necessary to operate, support, and improve the App, as described in our Privacy Policy. In the ordinary course of providing the App, we may receive limited Merchant contact details and Shopify-approved access to your order data. Where order data contains customer information, we store only anonymised order records and do not retain personally identifiable customer data on our servers.

3.2 Data Deletion

• Upon uninstalling the App, we will delete or anonymise your personal data from our systems in accordance with applicable laws (e.g., GDPR), except as required to maintain business records or comply with legal obligations. This occurs when we receive Shopify’s mandatory redact webhooks, which are issued in accordance with privacy regulations such as the GDPR. Shopify typically sends these webhooks approximately 48 hours after uninstallation.

3.3 Merchant’s Responsibilities

• You are responsible for your own data handling practices, including compliance with data privacy laws for any information you collect from or about your customers.
• You agree to provide all necessary notices and obtain any required consents for data processing that occurs in connection with your use of the App.
• You are responsible for testing the full functionality of the App before publishing or making live any products or pricing rules. By publishing products created through the App, you confirm that you have tested the full experience end-to-end and accept any resulting behaviour.

3.4 Compliance Webhooks

• The App subscribes to and complies with Shopify’s mandatory compliance webhooks (customers/data_request, customers/redact, and shop/redact) to address customer privacy rights.

3.5 Aggregated Statistics

• We may collect and use anonymised, aggregated data derived from your use of the App (“Aggregated Statistics”) for analytics, service improvement, and benchmarking. Aggregated Statistics will not identify you, your customers, or your store.

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4. Fees & Payments

4.1 Subscription. Any subscription fees for the App are handled directly by Shopify. Your use of the App may be suspended or terminated if you fail to pay the applicable subscription fees. All billing matters are governed by Shopify’s app billing rules, which may permit but do not obligate us to grant refunds.

4.2 Refunds. We want you to receive genuine value from the App. If an issue arises, please contact our support team so we can attempt to resolve it—many problems can be fixed through configuration changes or guidance.

If we cannot resolve the issue to your reasonable satisfaction and the App has not delivered the value you expected, we may, at our sole discretion, issue a refund through Shopify’s app billing system. A refund:

• may not exceed the subscription fees you actually paid for the current billing cycle;
• may be granted only once per Shopify store; and
• will not be provided if the App was used to perform its intended actions.

Refund processing times are determined by Shopify and may be outside our control.

4.3 Price Changes. We may change the subscription price or introduce new fee plans (including plan limits) at any time. Any change will be (i) posted in the Shopify App Store listing for Biscuits Bundles and, where practicable, announced in-App or by email, and (ii) effective on the first full billing cycle that begins at least 30 days after we provide notice. At our discretion, we may allow existing subscribers to remain on an earlier (“legacy”) plan; if so, you may switch to a new plan at any time.

If you do not agree to a revised price, your sole remedy is to uninstall the App before the new price takes effect. Continued use of the App after the effective date constitutes your acceptance of the new price.

4.4 Taxes. Subscription fees are exclusive of all taxes, duties, and levies except those based on our net income. You are responsible for all such taxes that arise from your subscription or use of the App.

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5. Disclaimer of Warranties and Limitation of Liability

5.1 As-Is Basis. The App is provided on an “AS IS” and “AS AVAILABLE” basis. While we strive for quality, reliability, and accuracy, you acknowledge that all software products inherently carry risks, including defects, security vulnerabilities, and human error. We expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 No Guarantee of Results. We do not warrant or guarantee any specific results from using the App, including accuracy or reliability of any products, pricing, discounts, or other features. 

5.3 Third-Party Services. We are not responsible for Shopify’s services or any third-party integrations, including how they may interact with the App. Your use of such services may be governed by separate terms and conditions and is subject to your acceptance of the risk of conflicts.

5.4 Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall we or our directors, officers, employees, or agents be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages—including, without limitation, loss of profits, data, revenue, goodwill, or business interruption—arising from or relating to the use of, or inability to use, the App, regardless of the legal theory asserted and even if we have been advised of the possibility of such damages.

5.5 Liability Cap. Our total aggregate liability for all claims relating to the App and these Terms is limited to the amount you paid for the App in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in such jurisdictions our liability is limited to the maximum extent permitted by law.

5.6 Operational Errors. We are not liable for pricing or discount errors generated by the App, nor for any issues that result in products becoming unpurchasable, hidden, incorrectly displayed, or otherwise unavailable for sale. We are also not liable for claims by your customers due to incorrect charges or the unavailability of bundled products.

5.7 Accessibility. We do not guarantee that the App, or any content, output, or storefront modifications enabled through the App, will comply with accessibility requirements under any jurisdiction, including but not limited to the ADA or WCAG guidelines. You acknowledge that accessibility compliance depends on factors beyond our control, including theme customizations and merchant configurations.

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6. Support

We provide support via email and chat and aim to respond to inquiries in a timely manner during standard business hours. While we strive to assist promptly, we do not guarantee any specific response or resolution times.

Support includes assistance with App installation, configuration, and troubleshooting. It does not include theme customisation, custom development, or third-party code support unless explicitly agreed in writing.

From time to time, we may assist with code changes in your theme to help with App integration. Any such changes are provided on a best-effort basis, and are made without any warranties, express or implied. You are solely responsible for reviewing, testing, and validating your store’s functionality after any code changes or support interventions.

We may decline support requests that, in our reasonable opinion, fall outside the intended scope of the App.

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7. Term, Termination and Suspension

7.1 Term. These Terms begin when you first install, access, or use the App and continue until the App is uninstalled or terminated under this Section 7.

7.2 Termination by Merchant (Uninstall). You may terminate these Terms at any time only by uninstalling the App from your Shopify store. Uninstallation automatically stops further billing through Shopify.

7.3 Termination or Suspension by Us. We may suspend or terminate your access to the App immediately if (a) you breach these Terms; (b) you fail to pay applicable fees; (c) your Shopify store is suspended or closed; or (d) we reasonably believe your use of the App violates applicable law or creates liability for us.

7.4 Service Suspension. We may temporarily suspend access to the App if we reasonably determine that: (i) your use poses a security or legal risk to us, the App, or any third party; (ii) you are engaging in fraudulent or abusive behaviour; or (iii) a third-party provider suspends or interrupts our access to services required for the App. We will use commercially-reasonable efforts to notify you and to restore service promptly, but we will not be liable for any loss or damage arising from such a suspension.

7.5 Effect of Termination. Upon termination or uninstallation: (i)  all licences and rights granted to you under these Terms cease immediately; (ii)  you must cease all use of the App and delete any locally stored App code, if applicable; and (iii)  Sections 3, 4, 5, 7.5, 8, 10, 12, and 13 survive and continue in effect.

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8. Indemnification

You agree to indemnify, defend, and hold harmless Sundae Lane Pty Ltd and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, investigations, proceedings, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the App, including product, pricing or discount errors;
• Your violation of any law, regulation, or third-party rights;
• Your breach of these Terms; or
• Any dispute with your customers or third parties regarding your products, services, or business practices.

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9. Force Majeure

Neither party shall be held liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, internet outages, government actions, war, terrorism, or natural disasters. The party affected shall notify the other party promptly of the occurrence of any such event.

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10. Changes to Terms

We may modify these Terms by posting a revised version at least 14 days before the changes take effect, unless the changes address new features or legal requirements in which case they may take effect immediately. We may notify you by posting the updated Terms in the App or via email. By continuing to use the App after receiving notice of these changes, you accept the revised Terms. If you disagree, you must uninstall the App.

If a material change is made — meaning a change that significantly affects your rights or obligations — we will aim to provide reasonable advance notice before it takes effect. Minor updates for clarity, consistency, or administrative reasons may be made without prior notice. If you do not agree with the updated Terms, your sole remedy is to uninstall the App prior to the effective date.

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11. Intellectual-Property & Feedback

11.1 Ownership. We and our licensors retain all right, title, and interest in and to the App, all related documentation, and all enhancements or derivatives (collectively, “Biscuits Bundles IP”).  You retain all right, title, and interest in Merchant Content (any data, images, text or other materials you upload to or generate through the App). No rights are granted except as expressly stated in these Terms.  

11.2 Feedback Licence. If you provide ideas, suggestions, or other feedback about the App (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate the Feedback in our products and services without attribution or compensation to you.

11.3 Sample Code Licences. We grant you a non-exclusive, non-transferable, revocable licence, valid for the duration of these Terms, to copy, modify, and use the Sample Code solely to operate and maintain your own Shopify store in conjunction with the App. Except for that limited purpose, you may not reproduce, publish, distribute, sublicense, or commercially exploit the Sample Code (for example, by including it in a public blog post, course, or another app) without our prior written consent.

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12. Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts of Victoria, Australia, to resolve any disputes.

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13. Miscellaneous

13.1 Entire Agreement. These Terms constitute the entire agreement between you and us regarding the App.

13.2 Contact Us. For support or questions, please contact hello@sundaelane.com.

13.3 Severability. If any provision of these Terms is held unenforceable, the remainder will remain in effect.

13.4 Assignment. We may assign these Terms; you may not assign them without our prior written consent.

13.5 No Waiver. A party’s failure to enforce any right is not a waiver of future enforcement.

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By installing or using the App, you acknowledge that you have read, understood, and agree to these Terms.