Terms of Service
Last updated: 2026-05-08
These Terms of Service are published in English, Arabic, and Spanish. The English version is the legally binding version; translations are provided for the convenience of readers. In the event of any conflict between the English version and a translation, the English version governs.
1. Acceptance of terms
By installing or using Badilify (the "Service"), you ("the Store owner," "you") agree to these Terms of Service ("Terms") and to our Privacy Policy. If you do not agree, do not install the Service. If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity.
2. Service description
Badilify is a software-as-a-service application installed by Shopify merchants to manage out-of-stock product replacements, configure replacement rules, and notify customers when ordered items are unavailable. The Service is provided on a subscription basis with multiple plan tiers; specifics described on https://badilify.com/pricing. We may change, add, or remove features at any time. Where a change materially reduces the functionality you subscribed for, section 8 (Price changes) applies by analogy.
3. Account registration and security
You access the Service by installing the Badilify app from the Shopify App Store using your Shopify merchant account. You are responsible for maintaining the security of your Shopify account and for all activity under your installation, including activity by employees, contractors, or agents. Notify us promptly at support@badilify.com if you believe your account or installation has been compromised.
4. Your responsibilities (acceptable use)
You agree not to: • Use the Service for any unlawful purpose or in violation of any applicable law, including Kuwait law and the laws of any jurisdiction in which your Shoppers reside • Attempt to reverse-engineer, decompile, or extract the source code of the Service • Interfere with, disrupt, or attempt to gain unauthorised access to the Service or connected systems • Use the Service to send unsolicited bulk email, spam, or content that is unlawful, infringing, defamatory, fraudulent, or harmful • Use the Service to process Shopper personal data in a manner that violates the Shopper's rights or applicable data protection law • Resell, sublicense, or commercially redistribute the Service to a third party without our prior written agreement We reserve the right to suspend or terminate your access for material breach, after notice and a reasonable opportunity to cure where curable. For incurable breaches (such as unlawful use), we may suspend immediately.
5. Our responsibilities
We will: • Provide the Service with reasonable skill and care • Use commercially reasonable efforts to keep the Service available • Maintain security measures described in our Privacy Policy • Respond to support inquiries at support@badilify.com within a reasonable time, target one business day for paid plans • Notify you in advance of planned maintenance windows likely to affect availability We do not guarantee uninterrupted, error-free operation. We do not guarantee compatibility with every Shopify theme, third-party app, or merchant configuration; compatibility is best-effort.
6. Subscription plans and billing
Plan tiers, prices, included features, and free-trial duration described on the Pricing page. All paid plans begin with a 14-day free trial. No charge is made before the trial ends. Payment is processed by Shopify Billing under Shopify's terms; we do not access or store your payment card details. Subscription fees billed by Shopify on the cycle specified on the Pricing page (monthly or annual). When you upgrade your plan mid-cycle, the price difference is automatically prorated by Shopify Billing for the remainder of the billing period. When you downgrade, the new lower price applies starting the next billing cycle; the current cycle continues at the previously billed amount. You are responsible for any taxes, levies, or duties applicable to your purchase under your jurisdiction. Where Kuwait VAT or other applicable tax becomes due, this will be added to your invoice per applicable law.
7. Refunds and cancellations
Every paid plan begins with a 14-day free trial during which you may cancel without charge. After the trial period ends, no refunds are provided. This applies to all subscription fees, regardless of how much of the billing period has elapsed when you cancel. You may cancel at any time by uninstalling Badilify from your Shopify admin or by changing your plan to "Free" in the Badilify Settings page. When you cancel: • Your subscription stops at the end of the current billing period • You retain access to paid features until the end of the period • No refund is issued for the unused portion of the period • After the period ends, your installation reverts to the Free plan or, if uninstalled, the app and its data are removed within 48 hours If the Service is materially unavailable for 7 or more consecutive days within a billing period due to a fault attributable to us (and not to Shopify, your theme, or third-party services), contact support@badilify.com and we will work with you in good faith on an appropriate remedy, which may include service credits at our discretion.
8. Price changes
We may change subscription prices from time to time. For existing subscribers on a paid plan, price changes take effect no sooner than 30 days after we notify you. Notification will be sent to the notification email on file and shown as in-app banner. If you do not accept the new price, you may cancel before the effective date with no further charge; cancellation works as in section 7. Free plans, free trials, and promotional pricing are not subject to the 30-day notice rule and may change at any time. We will not retroactively change prices for billing periods already paid.
9. Intellectual property
The Service, including all software, designs, text, graphics, logos, and trademarks, is owned by Dawerlee Single Person Company for Software Sales or our licensors and is protected by copyright, trademark, and other IP laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your subscription, for your internal business operations only. You retain ownership of all data you submit to the Service ("Your Data"). You grant us a limited licence to process Your Data only as necessary to provide the Service, per these Terms and our Privacy Policy. You are responsible for the legal right to submit Your Data. You represent that submitting Your Data does not violate any third party's IP, privacy, or other rights.
10. Disclaimers and limitation of liability
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation, except to the extent such warranties cannot be excluded under applicable law. To the maximum extent permitted by applicable law: • We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility • Our total cumulative liability for any claim arising out of or relating to the Service is limited to the greater of (a) subscription fees paid in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Kuwaiti Dinars (100 KD) • Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be limited under Kuwait law You acknowledge that subscription fees reflect this allocation of risk and that we would not provide the Service on these terms without it.
11. Indemnification
You agree to defend, indemnify, and hold harmless Dawerlee Single Person Company for Software Sales, its officers, employees, and contractors against any claim, liability, loss, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) your violation of applicable law, (c) Your Data, or (d) your use of the Service in a manner not permitted by these Terms. We will notify you promptly of any such claim and cooperate in your defence at your expense.
12. Termination
You may terminate by uninstalling the Service or downgrading to the Free plan at any time. We may terminate your access for material breach after notice and a reasonable opportunity to cure where curable, or immediately for incurable breaches. On termination: • Your right to use the Service ends • Within 48 hours of uninstall, your installation data is deleted as described in our Privacy Policy • Sections that by their nature should survive termination — including 9 (IP), 10 (Disclaimers and limitation), 11 (Indemnification), 13 (Governing law) — survive
13. Governing law and language
These Terms are governed by the laws of the State of Kuwait, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively before the competent courts of Kuwait, and you consent to their jurisdiction. These Terms are published in English, Arabic, and Spanish. The English version is the legally binding version. In the event of any conflict between the English version and a translation, the English version governs.
14. Contact
Email: support@badilify.com Postal address: Dawerlee Single Person Company for Software Sales, Al Nasser Tower, 1st Floor, Office 2, Block 13, Al Sour Street, Al Qibla, Al Asimah, Kuwait Commercial Registration: 501532