Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("Merchant," "you," or "your") and MobiDrag ("Company," "we," "our," or "us") governing your access to and use of the MobiDrag platform, including our website at https://mobidrag.com, dashboard, APIs, mobile app builder tools, and all related services (collectively, the "Service").

By creating an account, installing the MobiDrag Shopify app, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

MobiDrag is a no-code mobile app builder for Shopify merchants. The Service allows you to:

• Design and customize native iOS and Android mobile apps using a drag-and-drop builder.
• Sync your Shopify store products, collections, orders, and customer data to your mobile app in real time.
• Publish your mobile app to the Apple App Store and Google Play Store.
• Send push notifications and run targeted campaigns to your app users.
• Access analytics, conversion tools, and integrations with third-party platforms.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of features.

To use MobiDrag you must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have an active Shopify store and agree to Shopify's own Terms of Service.
• Provide accurate and complete registration information and keep it up to date.
• Not use the Service in any jurisdiction where it is prohibited by law.

You are responsible for maintaining the security of your account credentials. You agree to notify us immediately at info@mobidrag.com if you suspect unauthorized use of your account. We are not liable for any loss arising from unauthorized account access where you have failed to maintain the security of your credentials.

4.1 Plans

MobiDrag offers multiple subscription tiers (Launch, Grow, Optimize, Enterprise). Features and usage limits vary by plan. Details are available on our Pricing page at https://mobidrag.com/pricing.

4.2 Billing Cycle

Subscriptions are billed monthly or annually in advance, depending on your selected billing cycle. Annual plans are billed as a single upfront payment and receive a discounted rate.

4.3 Payment

All payments are processed securely by our payment provider. By providing payment information, you authorize us to charge your payment method on a recurring basis for the subscription fee. All fees are non-refundable except as expressly stated in Section 5.

4.4 Price Changes

We reserve the right to change subscription prices. We will give you at least 30 days' notice before any price change takes effect. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

4.5 Failed Payments

If your payment fails, we will retry up to 3 times over 7 days. If payment remains unsuccessful, your account may be downgraded or suspended until payment is resolved.

5.1 Free Trial

We may offer a free trial period for new accounts. You will not be charged during the trial period. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

5.2 Refunds

All fees are non-refundable unless required by applicable law. We do not offer pro-rated refunds for unused portions of a subscription period. If you believe you were charged in error, contact us at info@mobidrag.com within 14 days of the charge.

5.3 Cancellation

You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of your current billing period. Your app will remain live and accessible until the end of the paid period.

You agree to use the Service only for lawful purposes. You must not use MobiDrag to:

• Violate any applicable local, national, or international law or regulation.
• Sell or distribute counterfeit goods, illegal substances, weapons, adult content, or any products prohibited by Shopify's Acceptable Use Policy.
• Send unsolicited push notifications or spam to app users.
• Collect or harvest user data without proper consent or in violation of applicable privacy laws.
• Attempt to reverse-engineer, decompile, or extract the source code of the MobiDrag platform.
• Transmit viruses, malware, or any harmful code through the platform.
• Scrape, crawl, or otherwise extract data from the Service in an unauthorized manner.
• Impersonate MobiDrag, our employees, or another user.
• Circumvent any usage limits, security measures, or access controls.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice and without refund.

MobiDrag is a Shopify Partner application. Your use of our Service is also subject to Shopify's Terms of Service and Partner Program Agreement. We are not affiliated with, endorsed by, or an official product of Shopify Inc.

The Service integrates with third-party platforms including Apple App Store, Google Play Store, and other third-party tools. Your use of these third-party services is governed by their respective terms and policies. We are not responsible for the performance, availability, or actions of third-party services.

Publishing your app to the Apple App Store or Google Play Store requires compliance with Apple's App Store Review Guidelines and Google's Developer Program Policies. We cannot guarantee app approval by Apple or Google. Rejection by app stores is not grounds for a refund.

8.1 Our Platform

MobiDrag and its licensors own all right, title, and interest in the Service, including all software, design, trademarks, logos, and content. Nothing in these Terms transfers any ownership of the MobiDrag platform to you.

8.2 Your Content & App

You retain full ownership of your store data, brand assets, and the mobile app you create using MobiDrag. You grant us a limited, non-exclusive license to use your content solely to provide the Service (e.g., to render products in your app).

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual license to use that feedback to improve our products without any obligation to you.

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

You are responsible for obtaining all necessary consents from your end-customers before collecting their data through your mobile app, including consent for push notifications, analytics, and marketing communications, in compliance with applicable privacy laws (including CCPA and applicable data protection regulations in your jurisdiction).

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW,MOBIDRAG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) defects will be corrected; (c) the Service is free of viruses or harmful components; or (d) the results obtained from using the Service will meet your requirements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBIDRAG, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless MobiDrag and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your mobile app or the content you make available through it; or (e) your breach of any applicable law or regulation.

13.1 By You

You may terminate your account at any time by canceling your subscription and deleting your account from the dashboard. Termination does not entitle you to a refund of any prepaid fees.

13.2 By Us

We may suspend or terminate your account immediately, without notice or liability, if:

• You breach any provision of these Terms.
• Your Shopify store is suspended, closed, or violates Shopify's terms.
• We are required to do so by law or a regulatory authority.
• Your account has been inactive for more than 12 months on a free plan.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your mobile app will be taken offline. We may delete your account data after 90 days following termination. Provisions that by their nature should survive termination (including Sections 8, 10, 11, 12, and 15) shall survive.

We reserve the right to update these Terms at any time. We will notify you of material changes by email or by posting a prominent notice in your dashboard at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the changes take effect.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and MobiDrag regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.
• Waiver: Failure to enforce any right under these Terms shall not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.
• Notices: Notices to you will be sent to the email address associated with your account. Notices to us should be sent to info@mobidrag.com.

If you have questions about these Terms of Service, please contact us: