Terms of Service

Last updated: December 2025

These Terms of Service ("Terms") govern your access to and use of UploadGadget, a Shopify application provided by ampersandlane, based in the United Kingdom ("we", "us", or "our").

By installing or using UploadGadget, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Description of Service

UploadGadget is a Shopify application that enables merchants to add file upload functionality to their online stores. The Service allows store customers to upload files such as images, documents, and other content as part of the product ordering process.

2. Account and Registration

To use UploadGadget, you must have a valid Shopify store account. You are responsible for:

Maintaining the security of your Shopify account credentials
All activities that occur under your account
Ensuring your use of the Service complies with Shopify's Terms of Service

3. Subscription and Billing

UploadGadget offers various subscription plans with different features and pricing. By subscribing to a paid plan:

You authorise us to charge your payment method through Shopify's billing system
Subscriptions renew automatically unless cancelled
You may cancel your subscription at any time through your Shopify admin
Refunds are handled in accordance with Shopify's App Store policies

4. Fair Usage

Each subscription plan includes fair usage limits for file uploads, storage, and bandwidth. These limits are designed to ensure reliable service for all users. By using UploadGadget, you agree to:

Use the Service in accordance with the fair usage limits for your plan
Not use the Service for purposes other than order-related file uploads (e.g., mass file storage or sharing)
Cooperate with us if we need to discuss your usage patterns

Our full Fair Usage Policy provides detailed information about monthly upload limits, what counts towards your limit, and what happens if you exceed your plan's allowance.

5. Acceptable Use

You agree not to use the Service to:

Upload, store, or transmit any content that is illegal, harmful, threatening, abusive, or otherwise objectionable
Infringe upon the intellectual property rights of others
Distribute malware, viruses, or other harmful code
Interfere with or disrupt the Service or servers
Violate any applicable laws or regulations

6. Content and Data

You retain ownership of all content uploaded through the Service. By using UploadGadget, you grant us a limited licence to process, store, and transmit uploaded files solely for the purpose of providing the Service.

We do not claim ownership of customer-uploaded content and do not use such content for any purpose other than delivering the Service.

Files are stored securely and automatically deleted after your configured retention period in accordance with your plan limits.

7. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

8. Third-Party Services

The Service relies on third-party infrastructure and services, including but not limited to Shopify, cloud hosting providers, and file storage services. We are not responsible for any failures, interruptions, or limitations of these third-party services.

Your use of the Service is also subject to Shopify's Terms of Service and any applicable third-party terms. We make no warranties regarding the availability, reliability, or performance of any third-party services.

9. Intellectual Property

The Service, including its design, features, and functionality, is owned by ampersandlane and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will meet your requirements.

We do not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
The results obtained from using the Service will be accurate or reliable
Any errors in the Service will be corrected
The Service will be compatible with your Shopify theme or other software

You acknowledge that file uploads, storage, and processing involve inherent risks, and you use the Service at your own risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, ampersandlane shall not be liable for any:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, or business opportunities
Loss of data, goodwill, or reputation
Business interruption or loss of sales
Cost of procurement of substitute services
Any damages arising from third-party services, including Shopify or cloud providers

These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Our total cumulative liability for any claims arising from your use of the Service shall not exceed the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty pounds (£50), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ampersandlane from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any applicable laws or regulations
Content uploaded by you or your customers through the Service
Any dispute between you and your customers
Your breach of any third-party rights, including intellectual property rights

13. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

Natural disasters, acts of God, or severe weather events
War, terrorism, riots, or civil unrest
Government actions, laws, or regulations
Failures of the internet, telecommunications networks, or third-party hosting providers
Cyber attacks, including denial of service attacks, hacking, or malware
Power outages or utility failures
Pandemics or public health emergencies

If a force majeure event continues for more than sixty (60) days, either party may terminate this agreement with immediate effect by giving written notice.

14. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including breach of these Terms.

You may terminate your use of the Service at any time by uninstalling the app from your Shopify store.

Upon termination, your right to use the Service will cease immediately, and any data associated with your account may be deleted.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or through the Shopify admin. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Contact Us

If you have any questions about these Terms, please contact us.