These Terms of Service (the “Terms”) govern the installation, access to, and use of the Sort’d Merchandiser Shopify application, including any associated theme app extensions, web pixels, scripts, APIs, dashboards, documentation, and related services (collectively, the “Service”).
By installing, accessing, or using the Service, you (the “Merchant”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, you must not install or use the Service.
These Terms are intended to set out the rights and responsibilities of both you and the Provider in a clear and legally enforceable way. If you are accepting these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity, and “you” refers to that entity.
1. Provider details
The Service is provided by:
Beefy Nachos Ltd (company number 15879894) (the “Provider”, “we”, “us”, or “our”)
Registered office: 128 City Road London United Kingdom EC1V 2NX
“Sort’d Merchandiser” is a product and trading name of Beefy Nachos Ltd.
2. Definitions
In these Terms, capitalised words and phrases have the meanings set out below. Definitions apply equally to singular and plural forms.
“Shopify” means Shopify Inc. and its affiliates.
“Shop” or “Store” means your Shopify store(s) on which the Service is installed, enabled, or otherwise used.
“Merchant Data” means the data you, your authorised users, or Shopify make available to us through or in connection with the Service. This may include, depending on permissions and your configuration, information about your products, variants, collections, inventory, order events, shop settings, themes, and app configuration.
“Content” means any materials you submit, upload, transmit, or otherwise make available through the Service (including any text, files, configuration values, rules, or other inputs).
“Documentation” means any user guides, help articles, technical documentation, instructions, or other explanatory materials we provide in connection with the Service.
“Sub-processor” means a third party engaged by us to process data on our behalf in order to provide the Service.
3. Scope of the Service
Sort’d Merchandiser is a Shopify application intended to help merchants merchandise and manage their Shopify collections and product ordering. The Service may include tools for product and collection merchandising, rules-based sorting and automation, analytics and reporting, and (where enabled) experimentation or related features.
The Service integrates with Shopify via approved Shopify APIs, Shopify Pixels (where enabled), Shopify Theme App Extensions, and other Shopify platform components. The Service may require you to install or enable theme extensions, app embeds, pixels, or similar components for the Service to function correctly.
Unless we agree otherwise in writing, the Service is provided on an “as is” and “as available” basis. This means that while we aim to provide a reliable Service, we do not guarantee that every feature will be available at all times, and we may change or improve the Service as described in these Terms.
4. Eligibility and authority
You confirm and warrant that you are permitted to install and use Shopify applications for the relevant Shop and that you have all required permissions within Shopify to grant the access the Service needs to operate. You also confirm that you have authority to bind the owner or operating entity of the Shop to these Terms.
You agree that your use of the Service will comply with these Terms, Shopify’s applicable terms and policies, and all laws, regulations, and codes of practice that apply to you and your business.
The Service is intended for use by Shopify users operating stores or acting on behalf of stores. If you do not have the required permissions or authority, you must not install, enable, or use the Service.
5. Account, access, and security
The Service may rely on Shopify’s authentication and authorisation mechanisms. You are responsible for maintaining the confidentiality and security of your Shopify account credentials and for restricting access to the Shop and the Service to authorised users only.
You are responsible for all activity that occurs through your Shopify account(s) and by any users you authorise to access the Service. This includes activity performed by staff, contractors, agencies, or other third parties who have access to your Shopify admin.
If you become aware of any unauthorised access to your Shop, the Service, or any related systems, or if you suspect a security incident that could affect the Service (including compromised credentials), you must notify us promptly and take reasonable steps to mitigate the impact (for example, changing passwords, revoking access, or rotating relevant keys).
6. License and permitted use
6.1 License grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Service solely in connection with your Shop and for your internal business purposes.
This licence is granted for the duration of your use of the Service and ends automatically upon termination of these Terms or your uninstalling the Service.
6.2 Restrictions
To protect the security, integrity, and intellectual property of the Service, you agree not to (and not to allow any third party to) misuse the Service. This includes attempting to copy, modify, distribute, or create derivative works of the Service except to the extent expressly permitted by these Terms.
You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, or models of the Service, except where applicable law expressly permits such activity and cannot be excluded by contract.
You must not access the Service in order to build, benchmark, support, or assist a competing product or service, or to conduct competitive analysis that is not permitted by law. You must not circumvent or attempt to circumvent access controls, security measures, usage limits, or rate limits, and you must not use automated means (such as bots, scrapers, or crawlers) to access the Service other than through interfaces expressly provided by us.
You must not interfere with, disrupt, or degrade the integrity or performance of the Service (or any systems used to provide it), and you must not upload or transmit malicious code or take actions that could introduce security vulnerabilities.
We may take reasonable steps to monitor usage patterns and enforce these restrictions to protect the Service and other merchants.
7. Merchant responsibilities
You are responsible for the configuration and use of the Service within your Shop. This includes ensuring that your product, collection, inventory, and related store data is accurate and up to date, and that you have appropriate internal governance for approving changes made through the Service.
Because the Service may enable automated actions, bulk edits, sorting changes, and theme-related tracking, you are responsible for reviewing the impact of changes and confirming that the Service is configured in a way that reflects your intended merchandising approach. You are also responsible for ensuring that users with access to the Service are appropriately trained and authorised, and that access is revoked when no longer needed.
You remain responsible for compliance with any laws, advertising standards, consumer protection rules, and other requirements applicable to your store operations, including requirements related to pricing, promotions, product availability, and any statements you make to customers.
8. Shopify platform dependency
The Service is built to operate on top of Shopify’s platform and is therefore dependent on Shopify’s availability, APIs, permissions, and platform behaviour. Shopify is a third-party platform that we do not control.
Shopify may change, deprecate, restrict, or remove APIs, features, permissions, or platform capabilities, and may also change how the Shopify admin, themes, pixels, and extensions function. These changes can affect the Service, including preventing some or all features from working, requiring changes to our implementation, or requiring you to update your theme or configuration.
To the maximum extent permitted by law, we are not responsible for outages, interruptions, data loss, or functionality changes caused by Shopify or by other third-party services that the Service relies on. Where feasible, we will make reasonable efforts to adapt the Service to material Shopify changes, but we do not guarantee that we will be able to do so in all circumstances.
9. Merchant data, content, and ownership
As between you and us, you retain all right, title, and interest in and to Merchant Data and Content. You are responsible for ensuring that you have the rights and permissions necessary to provide Merchant Data and Content to us and to allow us to process it for the purposes described in these Terms.
As between you and us, we retain all right, title, and interest in and to the Service, including the software, source code (where applicable), algorithms, models, workflows, user interface design, trademarks, branding, and Documentation, and any improvements, updates, or modifications to any of the foregoing.
You grant us a limited licence to access, host, process, transmit, and display Merchant Data and Content solely to provide, maintain, secure, and improve the Service; to provide support and respond to your requests; to comply with legal obligations; and as otherwise permitted by these Terms.
If you provide feedback, ideas, or suggestions about the Service, you agree that we may use that feedback without restriction and without obligation to you, including to improve the Service or develop new features.
10. Data protection and privacy
10.1 Privacy policy
Where we process personal data (if any) in connection with the Service, we will do so in accordance with applicable data protection laws and our privacy policy (as updated from time to time). You are responsible for ensuring you provide any required disclosures to your customers and that your own privacy policy accurately reflects your use of the Service.
10.2 Privacy-first architecture
The Service is designed with a privacy-first architecture and is intended to minimise personal data collection. Analytics are session-based and use randomly generated session identifiers stored in browser session storage. Each session is treated independently and is not designed to be linked across sessions.
You acknowledge that data protection obligations may vary depending on your specific configuration, your store setup, and applicable law, and you agree to configure and use the Service accordingly.
10.3 Merchant obligations
You are responsible for configuring privacy permission requirements appropriately, including any Shopify Customer Privacy API settings, consent settings, or permission checks used by your store. You are also responsible for ensuring that your storefront privacy policy discloses your use of the Service, and for ensuring that your use of the Service (including any analytics tracking components you enable) complies with applicable data protection laws.
10.4 Sub-processors
We may use Sub-processors to provide the Service. Sub-processors are engaged under appropriate contractual safeguards and are required to process data only on our instructions.
At the date of these Terms, Sub-processors may include providers such as Google Cloud Platform (infrastructure hosting), Mantle (analytics and event aggregation), Mixpanel (analytics tooling), and SendGrid (email delivery infrastructure). We may update or replace Sub-processors from time to time as operational needs change.
10.5 Data deletion
Upon termination of these Terms or uninstalling the Service, you may request deletion of certain data through our contact page. We will handle deletion requests within a reasonable timeframe. You acknowledge that we may retain limited records where required for legal, accounting, dispute resolution, security, or legitimate business purposes, including maintaining audit logs or billing records where needed.
11. Fees, billing, and taxes
If the Service (or any part of it) is offered on a paid basis, fees are billed via Shopify in accordance with the pricing presented at installation, upgrade, or within the Shopify admin at the time you select a paid plan.
Billing cycles, invoicing, payment collection, and related billing mechanics are administered by Shopify, and you agree to comply with Shopify’s billing terms. You are responsible for ensuring that your billing details with Shopify are accurate and up to date.
Fees are exclusive of taxes unless stated otherwise. You are responsible for any taxes, levies, or duties applicable to your purchase or use of the Service, except for taxes based on our net income.
If payments fail, are reversed, or are disputed, we may suspend or restrict access to the Service until payment issues are resolved.
12. Refund policy
Except where required by law, fees are non-refundable, and we do not provide credits or refunds for partial subscription periods, unused usage, downgrades, early termination, or dissatisfaction with the Service.
Because billing is handled through Shopify, Shopify’s billing and refund mechanisms may also apply. Nothing in this section affects any statutory rights you may have that cannot be excluded or limited.
13. Beta features
From time to time, we may make available features, tools, or functionality that are identified as beta, early access, preview, experimental, or similar (“Beta Features”). Beta Features are provided to allow merchants to test new functionality and to help us improve the Service.
Beta Features may be changed, suspended, or discontinued at any time and may have reduced functionality, increased downtime, or limited support compared to generally available features. To the maximum extent permitted by law, Beta Features are provided “as is” and without warranties of any kind.
If you enable or use a Beta Feature, you do so voluntarily and at your own risk, and you accept that beta functionality may not operate correctly in all circumstances.
14. Support and communications
We may provide support through email, Documentation, in-app channels, or other methods we make available from time to time. Unless we agree otherwise in writing, we do not guarantee response times, resolution times, or specific support availability.
We may send operational communications about the Service, such as security notices, billing issues, material changes, or information needed to maintain your use of the Service. Where required by law, marketing communications will be sent only with appropriate consent, and you may opt out of marketing messages at any time.
15. Suspension and termination
15.1 Term
These Terms begin when you install or use the Service and continue until terminated.
15.2 Termination by you
You may terminate these Terms at any time by uninstalling the Service from your Shop. Uninstalling the Service will end your licence to use the Service and should disable theme-related components, subject to Shopify propagation and caching.
15.3 Termination or suspension by us
We may suspend or terminate your access to the Service (in whole or part) immediately where we reasonably believe it is necessary to protect the Service, Shopify, other merchants, or ourselves. This may include circumstances where you breach these Terms, your use creates a security or legal risk, we are required to do so by Shopify, law, or a regulator, or payments are overdue, reversed, or disputed (where the Service is paid).
Where reasonable and lawful to do so, we will attempt to provide notice and an opportunity to remedy a breach. However, you acknowledge that in urgent cases (including security incidents) we may need to act immediately.
15.4 Effects of termination
Upon termination, your licence to use the Service ends immediately. You remain responsible for any fees accrued up to the date of termination. Sections that by their nature should survive termination will survive, including intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, governing law, and payment obligations.
16. Confidentiality
Each party may receive non-public, proprietary, or commercially sensitive information in connection with the Service (“Confidential Information”). Each party agrees to keep the other party’s Confidential Information confidential and to use it only as necessary to perform its obligations or exercise its rights under these Terms.
Confidential Information does not include information that is or becomes public without breach of these Terms, was lawfully known to the receiving party prior to disclosure, is independently developed without use of the other party’s Confidential Information, or is lawfully received from a third party without restriction.
A party may disclose Confidential Information where required by law, regulation, or a court order, provided it gives the other party reasonable notice (where legally permitted) and cooperates in any lawful efforts to limit the disclosure.
17. Intellectual property
All intellectual property rights in the Service, including software, algorithms, models, workflows, Documentation, design, branding, and trademarks, are owned by Beefy Nachos Ltd or its licensors. You receive only the limited licence expressly granted in these Terms.
You must not remove, alter, or obscure any proprietary notices contained in or on the Service or Documentation.
“Sort’d” and related marks are trademarks of Beefy Nachos Ltd. Except as permitted under the Publicity section of these Terms, you may not use our trademarks without prior written permission.
18. Publicity
You grant us permission to identify you as a customer of the Service, including using your business name and logo on our website, app store listings, and marketing materials. This helps us explain who the Service is used by and improves trust for potential customers.
We may also request to create a case study featuring your use of the Service. Any case study will be confirmed with you in advance. Unless otherwise agreed in writing, we will not publish your financial information or performance data (including revenue, conversion rates, or comparable metrics). If any specific metrics are to be included, we will agree the exact scope and presentation with you beforehand.
You may request removal from customer listings through our contact page. We will use reasonable efforts to action such requests within a reasonable timeframe, noting that some references may persist in historical materials that have already been published or distributed.
19. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all warranties and conditions, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free from bugs, defects, or harmful components. We do not warrant the accuracy, completeness, or reliability of analytics, reports, or outputs, and you acknowledge that analytics can be affected by many factors outside our control, including theme changes, customer consent settings, browser behaviour, ad blockers, Shopify configuration, and third-party outages.
Nothing in these Terms affects any warranties or rights that cannot be excluded or limited under applicable law.
20. Limitation of liability
To the fullest extent permitted by law, our total liability arising out of or relating to the Service shall not exceed the fees paid by you for the Service in the three (3) months immediately preceding the event giving rise to the claim.
To the fullest extent permitted by law, we will not be liable for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss or corruption of data, or any indirect, consequential, special, incidental, or punitive damages, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if we have been advised of the possibility of such damages.
You acknowledge that the Service depends on Shopify and other third parties and that we are not responsible for losses arising from Shopify outages, API changes, third-party services, your theme configuration, or your internal decisions and processes.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
21. Indemnity
You agree to defend, indemnify, and hold harmless Beefy Nachos Ltd and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your Shop, your products or content, your breach of these Terms, or your violation of applicable law or Shopify policies.
This indemnity includes claims brought by third parties relating to the operation of your store, customer disputes, regulatory issues affecting your business, and any allegation that Merchant Data or Content infringes a third party’s rights.
22. Force majeure
Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control. Such events may include, for example, major internet outages, power failures, natural disasters, acts of government, labour disputes, cyberattacks, or failures of third-party platforms (including Shopify) or infrastructure providers.
If a force majeure event materially prevents performance for an extended period, the affected party will use reasonable efforts to mitigate its impact and resume performance as soon as reasonably practicable.
23. Changes to the Service and Terms
We may modify, update, or discontinue any part of the Service from time to time. We do this to improve the Service, maintain security, comply with legal or Shopify requirements, or respond to changes in the Shopify platform.
We may update these Terms from time to time. If we make changes, the updated Terms will apply from the date stated at the top of the Terms (or another effective date we specify). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service and uninstall it.
24. Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent.
We may assign or transfer these Terms, including to an affiliate or successor, in connection with a merger, acquisition, corporate reorganisation, financing, or sale of all or substantially all of our assets related to the Service. These Terms will continue to bind any permitted successor or assignee.
25. Entire agreement
These Terms, together with any documents expressly incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and us regarding the Service. They supersede and replace any prior or contemporaneous agreements, communications, or understandings (whether written or oral) relating to the Service.
You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms when deciding to install or use the Service.
26. Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be interpreted, modified, or severed to the minimum extent necessary so that it becomes valid and enforceable (where permitted), while reflecting as closely as possible the original intent of the parties.
If a provision cannot be validly interpreted or modified, it will be severed from these Terms, and the remaining provisions will continue in full force and effect. The invalidity or unenforceability of a provision will not affect the validity or enforceability of any other provision.
Where applicable law permits, the parties agree that they would have entered into these Terms even if that invalid or unenforceable provision had not been included, and that the remainder of these Terms continues to represent their agreement.
27. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service.
28. Contact
For legal, privacy, or data requests, please contact:
Get in contact through our contact page