Terms & Conditions

These Terms & Conditions ("Agreement") govern your use of the Orbe app and related services ("Services"). By installing the Orbe app on your Shopify store, you automatically accept and agree to be bound by these terms in full. Further use of the Services, or continuing to use them after updates to this Agreement, also constitutes acceptance of these terms.

Definitions

  • Mushdesk S.L.: The company registered in Spain, including its employees, subcontractors, and subprocessors.

  • Orbe: The app and its related websites and services, are owned by Mushdesk S.L.

  • The App: Orbe app is available on the Shopify App Store.

  • App User: An individual or entity using the app within their Shopify store.

  • Shopify: The e-commerce platform hosting online stores (www.shopify.com).

  • Shopify T&C: Terms & Conditions of the Shopify App Store (www.shopify.com/legal/terms).

Scope of the Agreement

The App, developed for the Shopify App Store, adheres to Shopify's T&C. Usage binds the App User to Shopify's terms, with Shopify T&C prevailing in case of discrepancies.

License to Use

App Users receive a non-exclusive, revocable, and limited license to use the App for personal and commercial purposes, aligned with this Agreement and Shopify T&C.

Prohibited Conduct

App Users agree to lawful use, upholding data protection and security standards, and refraining from unauthorized modifications or use of the app for illegal activities.

Pricing Structure

Mushdesk S.L. offers a dynamic and flexible pricing structure for the Orbe app, designed to accommodate the diverse needs of our users across various plans:

  • Basic

  • Advanced

  • Plus

  • Enterprise

Each plan is carefully structured to provide a range of features and services tailored to different user requirements. The details of what each plan includes are available on our website and within the Orbe app.

  • Right to Modify: Mushdesk S.L. reserves the right, at its sole discretion, to modify, add, or remove any part of the pricing structure, including, but not limited to, subscription fees, features included in each plan, and plan availability. Such changes will be effective immediately upon posting to our website or directly communicating to our users, unless otherwise noted.

  • Notification of Changes: We are committed to transparency and will provide reasonable advance notice of any significant changes to our pricing structure. This notice will be delivered through the Orbe app notifications, email communications, or any other method deemed appropriate by Mushdesk S.L.

  • Adaptability: Mushdesk S.L. understands the ever-evolving nature of the e-commerce landscape and retains the flexibility to introduce new pricing models, promotional offers, or exclusive plans to better serve our users and remain competitive.

  • Continued Use: Your continued use of the Orbe app after any changes to the pricing structure signifies your acceptance of these changes. If you do not agree with the changes, you have the right to terminate your subscription before the new pricing takes effect.

  • Feedback: We value your feedback and are open to suggestions regarding our pricing structure. Please feel free to reach out to support@orbe.app with any comments or concerns.

Mushdesk S.L. is dedicated to providing high-quality services that meet the needs of our users while maintaining the flexibility to adapt to the changing market demands.

Privacy and Data Use

Orbe processes personal and Shopify store data as necessary for service provision, requiring user consent and adherence to privacy regulations.

Data Processing Addendum

Details responsibilities around data processing, including compliance with GDPR and CCPA, emphasizing data protection measures and subprocessor management.

Termination

This section outlines the conditions under which this Agreement may be terminated by either party:

  • User-Initiated Termination: You, as the App User, have the right to unilaterally terminate this Agreement at any time. Termination can be effected by uninstalling the Orbe app from your Shopify store. Upon uninstallation, the Agreement between you and Mushdesk S.L. for the use of Orbe will be considered terminated.

  • Mushdesk S.L.-Initiated Termination: Mushdesk S.L. reserves the right to unilaterally terminate this Agreement and discontinue your access to the Orbe app under the following conditions:

    • Immediate Effect Termination: Mushdesk S.L. may terminate this Agreement with immediate effect if:

      • You fail to comply with any term or condition of this Agreement.

      • Mushdesk S.L. reasonably believes that your actions are not in compliance with this Agreement.

      • Your use of Orbe could potentially harm Mushdesk S.L.'s reputation, as determined at Mushdesk S.L.'s sole discretion.

    • Termination with Notice: Mushdesk S.L. may also terminate this Agreement by giving you a 30-day written notice, the Shopify store owner. This notice will be emailed to the address associated with your Shopify store.

  • Post-Termination Obligations: Upon termination of this Agreement for any reason:

    • Mushdesk S.L. will cease billing you for any future charges related to the Orbe app.

    • You are required to fulfil any outstanding payment obligations incurred before the termination. This includes payments for the ongoing billing period during which the termination occurs. Please note that sums already paid are non-refundable, except as may be required by applicable law.

  • Effect of Termination: Termination of this Agreement will immediately cease your rights to use the Orbe app and any related services. Mushdesk S.L. reserves the right to delete any data associated with your account in accordance with our data retention policy, except as may be required to retain by applicable law.

This section is designed to ensure both parties understand the conditions and procedures for terminating the Agreement, safeguarding the interests of Mushdesk S.L. while providing clear guidelines for users considering termination.

Jurisdiction

Governing law is Spain's legislation, with disputes subject to Spanish courts. Mushdesk S.L. is based in Madrid, Spain (Paseo de la Castellana, 194, 28046).

Changes to the Agreement

Mushdesk S.L. reserves the right to unilaterally amend or update this Agreement, including the pricing structure, at its discretion. These changes will be reviewed at least annually to ensure they reflect our current practices and the legal landscape.

  • Notification of Changes: Mushdesk S.L. will provide you with reasonable advance notice of any intended changes by publishing the information through Orbe app notifications, our official Slack channel, and on the Orbe Terms & Conditions webpage. This ensures you are always informed about the latest terms governing your use of Orbe.

  • Disagreement with Changes: If you do not agree with the proposed changes, we welcome you to submit your feedback through Orbe Support. Alternatively, you retain the right to terminate this Agreement if the changes are not acceptable to you. Termination can be effected by uninstalling the Orbe app from your Shopify store prior to the date when the changes take effect.

  • Acceptance of Changes: Continuing to use Orbe after the effective date of such changes will constitute your acceptance of the revised Agreement. By this acceptance, you agree to be bound by the terms as amended.

  • Exceptions to Advance Notice: In certain scenarios, Mushdesk S.L. may modify the Agreement without prior notice:

    • Legal or Regulatory Obligations: If Mushdesk S.L. is required by law or regulatory obligation to make changes that do not permit advance notice, we will make such changes accordingly.

    • Emergency Changes: Mushdesk S.L. may also make changes to the Agreement to address unforeseen and immediate threats, such as to protect Orbe and its users from fraud, malware, spam, data breaches, or other cybersecurity risks. In such cases, the necessity to safeguard our services and users takes precedence over advance notice.

By incorporating these terms, Mushdesk S.L. ensures that the Agreement remains up-to-date and responsive to the evolving needs of our service, legal obligations, and the safety of our users, while also providing clear options for users in case of disagreement with changes.

Contact Information

For support or inquiries: support@orbe.app

Last Update: 16/02/2024