1. Agreement
These Terms apply to MerchantKits Recall & GPSR ("the app" or "the Service"), provided by MerchantKits, operated by Khalid Mehmood Durani (sole proprietor), Hyderabad 71700, Sindh, Pakistan, support@merchantkits.com ("MerchantKits", "we", "us"). By installing or using the app you, the Shopify merchant ("you"), agree to these Terms, our Privacy Policy and our Data Processing Agreement, which forms part of these Terms. If you do not agree, do not install or use the app.
2. The Service
The app helps you run a product recall from inside Shopify: it finds the customers who bought the products you select in the order dates you choose, sends the recall notice you have reviewed and confirmed, lets customers confirm it on a page on your store's domain, sends reminders, can set products to Draft or show a recall banner on their product pages, and keeps a timestamped record of each step that you can export. On the Pro plan it checks official recall notices from the EU (Safety Gate) and the US (CPSC) against your products every day. It also lets you show EU GPSR product safety information (manufacturer, EU responsible person, warnings) on product pages.
3. Not legal advice
MerchantKits Recall helps you manage recalls and product safety information. It is not legal advice; you are responsible for your obligations to authorities and customers.
Using the app does not by itself make you compliant with the EU General Product Safety Regulation, U.S. consumer product safety law or any other law. Consult a qualified adviser about your obligations.
4. Your responsibilities in a recall
- · You decide whether and when to recall a product, which products, variants, batches and order dates are affected, and which customers to notify.
- · You are responsible for the content of recall notices (including any text you change), the remedy you offer, the product safety information you publish, and for notifying authorities where required.
- · No recall notice is sent until you explicitly confirm it. Check the customer list and the email preview before you confirm.
- · The customer search covers the orders Shopify lets the app read. Customers whose orders lack an email address, or whose orders you exclude, are not notified; you must reach them another way if required.
- · Recall monitor results are information, not a determination: only an exact barcode match means a product appears in an official notice, and possible matches need your review. Official sources may be incomplete or delayed, and the monitor does not cover every authority or country.
- · Keep your own copies of exported evidence for as long as you need them; customer data is deleted 3 years after a recall is closed and when the app is uninstalled (see the Privacy Policy).
5. Acceptable use
You may not use the app to:
- · Send marketing, promotions, upsells or anything other than a genuine product safety or recall notice through recall emails or reminders.
- · Send notices about products that are not affected, or to people who did not buy them, or with false or misleading content.
- · Process personal data you are not allowed to process, or break applicable law, Shopify's terms or the Shopify Partner Program requirements.
- · Interfere with, overload, reverse-engineer or gain unauthorised access to the app or its infrastructure.
We may suspend sending or access if we reasonably believe the app is being misused, and will tell you why.
6. Customer data
For your customers' personal data you are the controller and we are your processor. Our Data Processing Agreement applies and forms part of these Terms. You confirm that you have a lawful basis to contact the customers you notify about a product safety issue.
7. Plans and billing
Paid plans are billed in USD every 30 days through Shopify and appear on your Shopify invoice; Shopify's billing terms also apply. Monthly customer limits count the customers notified in a calendar month (UTC), including those still queued. Taxes may apply. We may change prices or plan contents with at least 30 days' notice by email; changes apply from your next billing period.
8. Free trial
Starter and Pro include a 7-day free trial. You approve the subscription in Shopify; you are not charged during the trial. If you switch back to Free or uninstall the app before the trial ends, you are not charged. Otherwise billing starts automatically when the trial ends.
9. Changing plans
You can upgrade or downgrade at any time from the Plans page in the app; the change is made on Shopify's plan page and takes effect once Shopify confirms it. After a downgrade, features your new plan does not include stop (for example reminders, evidence exports or the recall monitor), but your recalls, evidence records and GPSR data are kept, and a recall that is being sent always finishes.
10. Availability and third parties
We aim to keep the app available but do not guarantee uninterrupted service. The app depends on Shopify, Cloudflare, our email provider and the official recall data sources; their outages or changes can affect the app. Email delivery to every recipient cannot be guaranteed; the app shows delivery failures so you can act on them.
11. Intellectual property
We own the app and its software, design and trademarks. You keep all rights in your content (recall texts, GPSR information and exported reports) and give us a limited licence to process it only to provide the Service. Official recall data is used under its source licences (EU Safety Gate: CC BY 4.0; U.S. CPSC: public domain).
12. Disclaimers
TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not warrant that the app will identify every affected customer or every official recall, or that using it satisfies any legal requirement.
13. Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. Our total liability for all claims relating to the Service is limited to the fees you paid us for the app in the 12 months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for intent or gross negligence where applicable.
14. Termination
You can stop using the app at any time by uninstalling it; Shopify then cancels any subscription. We may suspend or end your access if you materially breach these Terms or if required by law, with notice where reasonable. After uninstalling, your store's data is deleted when Shopify asks us to (48 hours after uninstall), as described in the Privacy Policy; export any evidence you need before uninstalling.
15. Changes to these Terms
We may update these Terms. We will email you at least 14 days before material changes take effect. If you keep using the app after that, the updated Terms apply.
16. Governing law
These Terms are governed by the laws of Pakistan, and the courts of Hyderabad, Sindh have jurisdiction. Mandatory consumer and data protection rights under the law of your country are not affected.