1. About These Terms

These Terms of Service (“Terms”) govern your access to and use of the software applications, integrations, and related services (“Services”) provided by Good Native, a trading name of Do Harvey Pty Ltd (52 631 514 442) (“we”, “us”, “our”).

By subscribing to or using any of our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Services

Good Native develops and distributes applications (“Apps”) for the Shopify and Webflow platforms. Our Apps may integrate with third-party services including, but not limited to, Google Analytics, Google Ads, Meta (Facebook) Ads, Google Tag Manager, Slack, and Klaviyo.

We reserve the right to modify, suspend, or discontinue any App or feature at any time with reasonable notice. We will endeavour to provide at least 30 days’ notice for material changes or discontinuation of a paid App.

3. Account Registration

To use our Services, you must create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our Services.

4. Subscriptions and Billing

Our Apps are offered on a monthly subscription basis. Billing is handled by our Merchant of Record, Paddle.com Market Limited (“Paddle”). By subscribing, you also agree to Paddle’s terms of service and buyer terms.

Paddle is the entity that processes your payment and is the seller of record for all transactions. This means Paddle handles sales tax, VAT, and other transaction taxes on your behalf.

Subscription fees are billed in advance on a monthly recurring basis. The subscription will automatically renew each month unless you cancel before the next billing date.

5. Free Trials

We may offer free trial periods for certain Apps. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. We will notify you before any conversion to a paid plan.

6. Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of that period.

We do not provide pro-rata refunds for partial months of service upon cancellation.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to reverse-engineer, decompile, or disassemble any part of our Apps.
• Use the Services in a manner that could damage, disable, or impair the Shopify or Webflow platforms or any connected third-party service.
• Resell, sublicense, or redistribute the Services without our prior written consent.
• Use automated systems to access the Services in a manner that exceeds reasonable usage.
• Transmit any malicious code, viruses, or harmful data through the Services.

8. Intellectual Property

All intellectual property rights in the Services, including software, documentation, branding, and content, remain the exclusive property of Good Native and Do Harvey Pty Ltd. These Terms do not grant you any ownership rights in the Services.

You retain all rights to your data. By using our Services, you grant us a limited licence to access, process, and transmit your data solely for the purpose of providing the Services.

9. Data and Integrations

Our Apps may access data from your Shopify store, Webflow site, or connected third-party services (such as Google Analytics, Slack, Klaviyo, Meta Ads, and Google Ads). We access only the data necessary to provide the functionality of the App you have installed.

You are responsible for ensuring you have the right to share data from these third-party platforms with our Services, and that your use of our integrations complies with those platforms’ terms of service.

10. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising out of or relating to these Terms or the Services is limited to the amount you paid us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits any consumer guarantee under the Australian Consumer Law that cannot be excluded or limited by law.

11. Indemnification

You agree to indemnify and hold harmless ${BRAND}, ${PARENT}, and our officers, employees, and agents from any claims, losses, or damages (including legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your access to the Services immediately if you breach these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to use the Services ceases immediately.

We will make commercially reasonable efforts to allow you to export your data before termination, except where prohibited by law or where termination is due to a serious breach.

13. Warranties and Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, except as required by law. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

To the extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Services at least 14 days before the changes take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16. Contact

If you have any questions about these Terms, please contact us at support@goodnative.co