Terms of Service

1. Agreement

These Terms of Service (the "Terms") are a binding agreement between Hunni Development ("Molt," "we," "us," "our") and the merchant, business or other entity that installs, accesses or uses the Molt application, website, backups, upgrades, support and any related services (together, the "Service") ("you," "your," "Customer").

By installing the Service from the Shopify App Store, clicking a button that references these Terms, or otherwise using the Service, you accept these Terms. If you do not agree, do not install or use the Service and uninstall it if it is installed.

If you install or use the Service on behalf of a company or another legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

The Service is offered to businesses only. By accepting these Terms you represent that you are using the Service for business purposes and not as a consumer.

Your use of Shopify, including the Shopify App Store, the Shopify admin and Shopify billing, is governed by Shopify's own terms. Shopify is not a party to these Terms. Hunni Development is solely responsible for the Service; Shopify is not liable for any fault in the Service or any harm that may result from its installation or use, and Shopify cannot provide assistance with the installation or use of the Service.

2. What the Service does

The Service reads your theme files, compares them with clean copies of the theme's releases, describes the differences, keeps backups, merges your theme with a newer release of that theme, writes the result to a new unpublished theme on your store, opens pages of your storefront in a browser to compare two themes, and publishes a theme when you ask it to.

The Service supports the themes and releases described on the website. Coverage changes over time. We may change, suspend, limit or discontinue any part of the Service, including any feature, supported theme, plan, integration or limit, at any time, with notice where practicable. We are not liable to you or anyone else for any such change.

3. What the Service does not do

You acknowledge and agree that:

• Merges can be wrong. Merged code, including code combined by artificial-intelligence models, may be inaccurate, incomplete or inappropriate for your store, and may change how your store looks or behaves, even where the Service reports it as kept, combined, or free of new problems. You are responsible for reviewing an upgrade before you publish it.
• Checks are limited. Page comparisons cover a sample of pages at one moment and look at sections, headings, script errors and pixels. They do not exercise your store as a customer would, and they do not cover every page, device, app, market or language. Shopify's Theme Check finds some classes of problem and misses others.
• The Service does not guarantee an upgrade will complete. Shopify validates theme files and may refuse them. A release or merge may be one the Service cannot complete.
• Backups are a feature of the Service, not a guaranteed archive. Backups are kept for the period your plan provides and are deleted after you uninstall, as the Privacy Policy describes. Keep your own copies of anything you cannot afford to lose.
• The Service does not replace a developer. Some themes and customizations need a person. Nothing in the Service, our documentation or our communications is professional advice about your store.
• Dependencies are outside our control. Shopify, your theme, the apps you install, your content and theme vendors' releases all affect the result and all change without notice to us.
• Marketing materials are informational. Nothing on the website, in our articles, in a confidence score, count, badge or comparison, or in any sales or marketing communication is a warranty or a promise of any outcome.

4. Your responsibilities

You are solely responsible for your store, its content and its theme. Without limiting that, you agree to:

• review each upgrade and preview it before you publish it, and test your storefront after you publish, including on the devices your customers use;
• keep your own backups of your themes, independent of any copy the Service keeps, and verify that you can restore them;
• keep your theme free of secrets such as API keys, because theme files are copied, stored and, as the Privacy Policy describes, sent in part to model providers;
• keep the Service's access to your store current and uninstall it if you no longer want it to have that access;
• provide content and code that are lawful and that you have the right to use, and hold whatever license your theme requires; and
• use the Service only as permitted by these Terms, Shopify's terms and applicable law.

5. Authorization to change your themes

When you prepare an upgrade, restore a backup, keep a layout, publish, roll back or remove a draft, you authorize the Service to create unpublished themes on your store, write to them, publish the theme you choose and remove drafts the Service created, using the access you granted at installation, and you direct us to do so. You acknowledge that publishing a theme changes how your storefront looks and behaves, can interact with other apps and customizations, and can affect sales.

Rolling back publishes the theme that was live before. It does not undo changes made by you, by anyone else or by another app in the meantime. You are responsible for changes you or anyone with access to your store makes to themes the Service created, and for changes made by other apps. We are not responsible for any conflict between our changes and theirs.

6. Artificial-intelligence features

Parts of the Service use machine-learning models supplied by third parties to combine overlapping code, explain what they did and name your customizations. Model output is probabilistic. It can be wrong, biased, out of context or different each time. We apply automated checks before anything is written to your store, but those checks are not a substitute for your review. Model output is not reviewed by a human at Molt unless we have agreed to that in a separate signed agreement. The Privacy Policy describes what is sent to model providers and on what terms.

7. Plans, trials and billing

Paid plans, prices, limits and features are described on the website and in the Shopify App Store listing. Paid plans are billed monthly or yearly, as you choose when you approve the charge, and per-upgrade charges are billed when you publish an upgrade. All charges are made through Shopify's billing system under the plan you select in your Shopify admin, and Shopify's billing terms apply to those charges. Fees are stated in United States dollars unless the listing says otherwise, are exclusive of taxes, and are non-refundable except where the law requires a refund or Shopify's billing terms provide one. A per-upgrade charge stays due if you later roll back or remove that upgrade. If you move from a paid plan to the free plan, the paid plan stays active until the end of the month or year you have paid for. Uninstalling the Service ends your plan at once.

Free plans and free trials are provided as a convenience and may be changed, limited or withdrawn at any time.

We may change prices and plan contents. Changes to a paid plan you are already on take effect at your next billing cycle after we give you notice through the Service, the App Store listing or email, and Shopify will ask you to approve any new charge.

8. Acceptable use

You may not, and may not allow anyone else to: use the Service on a store you do not control or are not authorized to change; copy, modify, reverse engineer, decompile, scrape or create derivative works of the Service or its output except as permitted by law; use the Service to obtain, redistribute or install a theme you are not licensed to use; resell, sublicense or provide the Service to third parties except through a Studio plan or under a written agreement with us; interfere with the Service or circumvent its limits, security or billing; use the Service to violate any law or anyone's rights; or use output of the Service to train a competing product.

9. Ownership and licenses

We own the Service, including its software, checks, prompts, designs, documentation, trademarks and all improvements, and all rights not expressly granted are reserved. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own store during your subscription.

You own your store and your content, and your rights in your theme are as your theme's license provides. Themes the Service writes to your store stay on your store, and you may keep them after you uninstall. You grant us a non-exclusive, worldwide, royalty-free license to access, copy, process, store, modify and transmit your theme files, storefront pages and other content as needed to provide, secure and improve the Service and to comply with law.

We may collect and use data about the operation and use of the Service, including merge outcomes, in aggregated or de-identified form that does not identify you or your store, to operate, improve and promote the Service.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

10. Third-party services

The Service depends on Shopify's platform and APIs, on hosting, browser-rendering and machine-learning providers, and on your theme and the apps you install. We do not control them, their availability, their terms or their changes, and we are not responsible for them. Shopify may change or withdraw the access the Service relies on, which may interrupt or end the Service.

11. Beta and preview features

We may label features as beta, preview, early access or similar. They are provided for evaluation, may be changed or withdrawn at any time, may not work correctly, and are provided without any warranty, support or liability of any kind beyond what the law does not allow us to exclude.

12. Confidentiality

Each of us will protect the other's non-public information that is marked confidential or that a reasonable person would understand to be confidential, use it only to perform under these Terms, and disclose it only to people who need it and are bound by comparable obligations, or where the law requires disclosure.

13. Disclaimer of warranties

THE SERVICE, ITS OUTPUT AND EVERYTHING WE PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OR TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL COMPLETE ANY UPGRADE; THAT ANY MERGE, CHANGE OR THEME THE SERVICE PRODUCES IS CORRECT, COMPLETE OR SAFE; THAT A COMPARISON OR CHECK WILL FIND EVERY DIFFERENCE OR PROBLEM; THAT ANY BACKUP WILL BE AVAILABLE OR RESTORE COMPLETELY; OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties; to that extent, the exclusions above apply to the fullest extent the law allows.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUNNI DEVELOPMENT, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA OR USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY FOR: ANY THEME THE SERVICE CREATED OR THAT YOU PUBLISHED, INCLUDING ITS EFFECT ON THE APPEARANCE, FUNCTION OR SALES OF YOUR STORE; ANY PROBLEM THE SERVICE DID NOT DETECT OR REPORT; ANY OUTPUT OF A MACHINE-LEARNING MODEL; ANY ACT OR OMISSION OF SHOPIFY, A THEME VENDOR OR ANY OTHER THIRD PARTY; OR ANY LOSS OF YOUR DATA THAT YOU COULD HAVE AVOIDED BY KEEPING YOUR OWN BACKUPS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE, UNDER ANY THEORY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICE, ITS OUTPUT, OUR COMMUNICATIONS OR THESE TERMS IS TO STOP USING THE SERVICE AND UNINSTALL IT.

The limitations in this section apply together and are an essential basis of the bargain; they apply even if a remedy fails of its essential purpose, and they allocate risk between us in light of the fees charged for the Service. Some jurisdictions do not allow certain limitations; to that extent, our liability is limited to the fullest extent the law allows.

15. Indemnification

You will defend, indemnify and hold harmless Hunni Development and its owners, officers, employees, contractors, agents, suppliers and licensors from and against all claims, demands, suits, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: your store, your content, your theme and the apps you use; your use of the Service, including upgrades you prepared or published; your breach of these Terms or of any law; or any dispute between you and any third party. We may participate in the defense with counsel of our choice at our expense, and you may not settle any claim that imposes an obligation on us without our written consent.

16. Term, suspension and termination

These Terms apply from the moment you first install or use the Service and continue until the Service is uninstalled from every store you control and all amounts due are paid. You may stop using the Service at any time by uninstalling it through your Shopify admin. We may suspend or terminate the Service, in whole or in part, at any time with or without notice if we believe you have breached these Terms, if required by Shopify or by law, if continuing would create a security, legal or technical risk, or if we discontinue the Service; where practicable we will give you notice. On termination, your license ends, themes already on your store remain in place, and we delete your data as described in the Privacy Policy. Sections 3, 4, 9 through 15, 17 through 19 and 21, and any other provision that by its nature should survive, survive termination.

17. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of New York, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before starting any proceeding, the party raising a dispute will send the other a written notice describing it and the relief sought, and both parties will try in good faith to resolve it for thirty (30) days. Notices to us go to support@hunni.dev; notices to you go to the email address on your Shopify account.

Binding arbitration. If a dispute is not resolved informally, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, in New York, New York or by video conference, in English. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could award to an individual party and may not award relief to or against anyone who is not a party. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

CLASS ACTION AND JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF THIS WAIVER IS FOUND UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM WILL BE DECIDED BY A COURT, NOT AN ARBITRATOR, AND STAYED PENDING THE ARBITRATION OF ALL OTHER CLAIMS.

Batching. If twenty-five (25) or more demands for arbitration are filed against us by claimants represented by the same or coordinated counsel raising similar claims, the demands will be administered in batches of up to one hundred (100), with one arbitrator and one set of filing and administrative fees per batch, and each batch will be resolved before the next is filed. The parties will cooperate with the administrator on the batching procedure, and a court may enforce this paragraph.

Public injunctive relief. Nothing in this section prevents either party from seeking public injunctive relief in court where the law provides that right and does not allow it to be waived; any such claim will be stayed pending the arbitration of all other claims.

Opt-out. You may opt out of arbitration by emailing support@hunni.dev within thirty (30) days after you first accept these Terms, stating your store's domain and that you opt out; if you do, disputes will be brought exclusively in the state or federal courts located in New York, New York, and both parties consent to their jurisdiction. The class action and jury waivers still apply.

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after it accrues, or it is permanently barred, to the extent the law allows.

18. Changes to these Terms

We may change these Terms. When we do, we will post the updated Terms on the website with a new effective date and, for material changes, give you notice through the Service, the App Store listing or email at least fourteen (14) days before they take effect, unless a change is needed sooner to comply with law or address a security or legal risk. Your continued use of the Service after the effective date is acceptance of the updated Terms. If you do not agree, uninstall the Service before the effective date. Changes apply prospectively; a dispute that arose before a change is governed by the version in effect when it arose, and we will not change Section 18 for a dispute of which we already had notice.

19. General

These Terms, the Privacy Policy and any separate written agreement with us are the entire agreement between us about the Service and replace all prior or contemporaneous understandings. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of Shopify or other providers. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. A failure to enforce a provision is not a waiver. The parties are independent contractors; nothing creates a partnership, agency, fiduciary or employment relationship. There are no third-party beneficiaries. You will comply with export-control and sanctions laws and represent that you are not on any restricted-party list. Headings are for convenience only; "including" means "including without limitation." These Terms are written in English; any translation is for convenience and the English version controls. Notices to us must be sent to support@hunni.dev.

20. Communications

By installing the Service you agree that we may send messages about the Service to the email address on your Shopify store, to any address you add in the Service, and to anyone who contacts us from your store. Transactional messages include alerts about new theme releases, security notices, changes to the Service or these Terms, billing and plan notices, and replies to your requests. You can turn off release alerts in the Service, and uninstalling ends them. We may also send promotional email about features, plans, content and offers; every promotional email carries an unsubscribe link, and opting out of promotional email does not stop transactional messages, which are part of the Service.

21. Agencies and developers

If you install or use the Service on a store you do not own, including as an agency, developer, freelancer, consultant or other service provider, you represent that you have authority to bind the store's owner to these Terms, and the store's owner is the Customer for that store. You are responsible for your own use of the Service on that store and for any use by your clients that you direct, configure or control, and you will make sure your clients know what the Service does and does not do as described in Section 3. Agency codes, Studio pricing, comped access and similar arrangements may be changed, limited or withdrawn at any time, apply only to the stores linked under them, and may not be resold, shared or transferred.

22. Support

Support is provided by email and through the materials on the website, as described on the website at the time, during our normal business hours. We do not commit to any response or resolution time, and we may decline requests outside the scope of the Service. Guidance given in support is informational.

23. Contact

Hunni Development, maker of Molt. Email: support@hunni.dev. Website: https://molt.hunni.dev.