Terms of Service

Last updated: 9 November 2025

Provider: WebGarh Solutions Private Limited — 8th Floor, Worldtech 67, Sector 67, Mohali – 160062, India

Agreement

These Terms of Service (the “Agreement”) govern access to and use of GTM Assistant’s Shopify app and related services. By installing the app, creating an account, or using the Services, you agree to this Agreement and represent you have authority bind the entity you represent. If you do not agree, do not use the Services.

1) Definitions

Services: Our Shopify app(s), server-side tracking endpoints, dashboards, diagnostics, documentation, and related support.

Merchant / Customer / you: The entity using the Services.

Customer Data: Data you supply or collect via your stores and send to/through the Services (e.g., events, orders, product metadata), excluding Aggregated Data.

Aggregated / De-identified Data: Data that cannot reasonably identify a person or Merchant.

Order Form: Any in-app plan selection, Shopify subscription, SOW, or written order referencing these Terms.

Sub-processors: Vendors we engage to operate the Services.

2) Accounts & Eligibility

Maintain accurate account details and secure credentials. You are responsible for all activities under your account and must notify us promptly of suspected compromise.

3) Plans, Billing, Renewal, Cancellation (Shopify Billing)

Shopify Billing. All subscriptions, renewals, charges, and cancellations are processed via Shopify Billing. Taxes may apply.

Auto-renewal. Subscriptions auto-renew through Shopify until you cancel per Shopify’s process.

Cancellation & refunds. You may cancel through Shopify at any time; charges already processed are subject to Shopify’s refund/cancellation policies. If Shopify indicates a charge is due or non-refundable, we follow Shopify’s determination.

Trials & usage. Trials (if offered) are time-limited and “as is.” Certain features may have usage limits (e.g., event volume, diagnostics frequency). We may suggest a plan change or charge overages where applicable.

4) Publicity & Marketing

Unless you notify us otherwise in writing, you grant us a revocable, non-exclusive, royalty-free license to use your name and logo to identify you as a customer on our website, pitch decks, and similar materials. We will not disclose your Confidential Information. Any detailed case study or press release requires your prior written approval. You may opt out of name/logo use at any time by emailing legal@webgarh.co.in.

5) Scope of Service & Your Responsibilities

What we provide. Client-side and server-side tracking infrastructure, data-layer enrichment, integrations (e.g., GA4, Meta), diagnostics, and consent-aware tagging controls.

Your obligations. Configure the Services correctly; comply with laws (privacy, marketing, consumer, export); maintain lawful user disclosures and consent; refrain from sending prohibited personal data (e.g., PII to GA/Ads); comply with platform terms (Shopify, Google, Meta, etc.).

Third-party tools. Integrations you connect are governed by their own terms. We do not warrant third-party services; data exchanged with them is at your direction.

6) Shopify & Google Policy Alignment

Shopify. You agree to Shopify’s terms and acknowledge our app operates within Shopify’s sandbox, consent model, and privacy APIs.

Google API Limited Use. Where you connect Google properties, our use and transfer of Google information adheres to the Google API Services User Data Policy (Limited Use).

7) Data Protection, Residency & Privacy

Roles. For store/end-customer events processed for you, you are the controller and we are your processor/service provider. For our website, billing, and support, we are controller.

Privacy Policy. Our Privacy Policy is incorporated by reference and describes personal-data handling, rights, and deletion flows (including Shopify’s GDPR webhooks).

Residency & transfers. We may process data in various regions using third-party infrastructure. Regional routing options (including India) may be available for eligible plans. Cross-border transfers include appropriate safeguards as required by law.

DPA. A standalone DPA is not provided at this time. These Terms include essential data-protection commitments; additional terms may be agreed in an Order Form where required.

7A) Data Protection Terms (DPA-Lite)

Sub-processors

You grant general authorization for us to engage sub-processors. We will impose data-protection terms no less protective than these Terms, remain responsible for their performance, and provide 30 days’ advance notice of material sub-processor changes (except where urgent for security/legal reasons, in which case we will notify promptly after). A live list will be posted at /legal/sub-processors when available; until then we’ll honor the same notice approach.

Data Subject Assistance

If we receive a request related to your end-customers (access, deletion, etc.) where we act as processor/service provider, we will: (i) notify you without undue delay where lawful; and (ii) reasonably assist you in fulfilling the request, at your cost where significant engineering effort is required.

Deletion/Return

Upon termination/expiry, we will delete or return Customer Data processed as your processor within a reasonable period, subject to legal obligations to retain and standard backup retention windows, after which data is purged on cycle.

Security Incidents

If we become aware of an incident affecting personal data in our processor capacity, we will notify you without undue delay and provide available information to help you meet your obligations, consistent with law and our security processes.

Transfers & Residency

We process data using cloud infrastructure in multiple regions. For eligible plans, India data residency is available for server-side event processing. Where cross-border transfers occur, we apply appropriate safeguards (e.g., standard contractual clauses where applicable) and comparable protections.

Audit & Assurance

On reasonable written request, we will provide relevant information about our privacy and security controls (e.g., policies, architecture summaries, third-party audit summaries if available). Any additional on-site or bespoke audits must be mutually agreed in scope, timing, and cost.

8) Security & Incident Notices

We implement reasonable technical and organizational measures (encryption in transit, access controls, logging). If we become aware of a personal-data incident in our systems, we will notify you as required by law and our DPA-Lite terms above.

9) Support, Availability & Beta

Support. Documentation and ticket/email support are provided during business hours; response targets are best-effort unless an Order Form or SLA states otherwise.

Beta/Preview features. Optional beta features are “as is,” may change or be withdrawn, and are not subject to warranties or SLAs.

10) Intellectual Property

We (and our licensors) retain all rights in the Services, software, and documentation. You retain rights in your content, trademarks, and Customer Data. No rights are granted except as expressly stated.

11) Relationship of the Parties (Independent Contractors)

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship. Neither party has authority to bind the other.

12) License & Acceptable Use

Subject to your compliance and timely payment, we grant a non-exclusive, non-transferable right to use the Services during the term. You must not: reverse engineer; scrape or abuse endpoints; circumvent limits; use the Services to collect/transmit prohibited data; or violate laws.

12A) Acceptable Use Policy

Acceptable Use. You will not (and will not allow others to):

  • use the Services to violate law, platform terms, or collect data without required notices/consent;
  • send prohibited personal data to analytics/ads platforms (e.g., PII to GA4/Ads, Meta);
  • bypass or misrepresent consent (e.g., force firing when a user declined);
  • interfere with or disrupt the Services, including abuse of rate limits, load tests on production, scraping our app, or introducing malware;
  • attempt to gain unauthorized access to systems, reverse engineer, or circumvent technical limits;
  • use the Services for spam, illegal advertising, or deceptive practices.

We may suspend or restrict access for AUP violations per Section 17.

13) Confidentiality

Each party will protect the other’s Confidential Information and use it only to perform this Agreement, subject to customary exceptions (public/known, independently developed, or required by law with notice where lawful).

14) Warranties & Disclaimers

We warrant that we will provide the Services in a professional and workmanlike manner consistent with industry practice.
Disclaimer. Except as expressly stated, the Services (and any beta features) are provided “AS IS” and “AS AVAILABLE,” without warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free.

15) Indemnities

Our IP indemnity. We will defend and pay amounts finally awarded for third-party claims alleging that the Services (as provided by us) infringe IP rights, provided you give prompt notice and reasonable cooperation. We may modify/replace to cure, or credit/terminate if needed.

Your indemnity. You will defend and hold us harmless from claims arising out of (a) your content or unlawful use; (b) your breach of law (including privacy/consent); or (c) third-party disputes related to your stores or data you send to third-party tools.

16) Limitation of Liability

No special damages. Neither party is liable for indirect, incidental, special, consequential, punitive damages, lost profits/revenue, or data loss.

Cap. Each party’s aggregate liability under this Agreement is capped at the fees paid (or payable) by you to us for the Services giving rise to the claim during the preceding 3 months.

These limits apply to the fullest extent permitted by law and do not exclude liability that cannot be limited by law.

17) Suspension & Termination

We may suspend or limit the Services for legal/security risks, abusive/fraudulent use, non-payment (as reflected in Shopify Billing), or violations of this Agreement. Either party may terminate for uncured material breach after written notice. Upon termination, access ceases; we may delete Customer Data after a reasonable retention period unless law requires longer retention. Shopify’s uninstall/deletion flows also apply.

18) Changes to Services or Terms

We may evolve the Services and update these Terms to reflect features, operational changes, or law. We’ll post updates and, if material, notify admins in-app or by email. Continued use after the effective date constitutes acceptance.

19) Compliance & Export

You will comply with applicable laws, including privacy, consumer, marketing, and export controls. You may not export or re-export the Services contrary to applicable law.

20) Governing Law & Venue

This Agreement is governed by the laws of India. The courts at Mohali/Chandigarh, Punjab have exclusive jurisdiction, except either party may seek injunctive relief in any competent court.

21) Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permissible and, if necessary, deemed modified to the minimum extent required to make it enforceable; the remaining provisions will remain in full force and effect.

22) Force Majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disorder, labor disputes, utility or Internet failures, government actions, or failures of third-party hosting/providers (a “Force Majeure Event”). The impacted party will use reasonable efforts to mitigate and will notify the other without undue delay. Performance timelines are extended for the duration of the Force Majeure Event. Payment obligations for fees already accrued or due are not excused.

23) Assignment & Miscellaneous

You may not assign this Agreement without our consent (not unreasonably withheld); we may assign in connection with reorganization or sale.

No waiver by conduct. Entire Agreement: These Terms (together with any Order Form and referenced policies) constitute the entire agreement and control over conflicting materials.

24) Contact

WebGarh Solutions Private Limited
8th Floor, Worldtech 67, Sector 67, Mohali – 160062, India
Email: legal@webgarh.co.in

For a signed copy or added data-protection terms, contact legal@webgarh.co.in