Notice: Section 11 (Limitation of Liability) and Section 15 (Governing Law and Dispute Resolution) contain important provisions limiting our liability and (depending on the chosen forum) requiring binding arbitration and waiving class actions. Please read them carefully.
1. Introduction
These Terms and Conditions (“Terms”) set out the rules for using PingLane (“Service”), a web push notification platform available as an app on the Shopify App Store, operated by PingLane (“we”, “our”, or “us”). By installing and using the PingLane app on your Shopify store, you (“Customer”) agree to these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.
2. The Service
PingLane lets you:
- Collect push notification subscribers from your websites.
- Send manual and automated push notifications to those subscribers.
- Segment subscribers and send targeted notifications.
- Set up automation workflows (welcome, cart recovery, browse abandonment, order updates, price-drop and back-in-stock alerts).
- View analytics on notification performance, subscriber growth, and attributed revenue.
- Manage permission prompts shown to your website visitors.
All plans include every feature PingLane offers; plans differ only in the monthly push-notification sending limit. There are no subscriber limits and no features locked to higher tiers. PingLane is actively developed; features may be added, changed, or removed.
Beta features. We may label certain features as “beta,” “preview,” or “experimental.” Beta features are provided as is, without warranty or service-level commitment, and we may modify or discontinue them at any time.
3. Account Registration
PingLane has no separate sign-up. To use PingLane, you need an active Shopify store and must install PingLane from the Shopify App Store. Your account is created automatically using details from your Shopify store.
You are responsible for:
- Keeping your Shopify account credentials secure.
- All activity that happens under your PingLane account.
- Notifying us promptly if you suspect unauthorized access ([email protected]).
Shopify’s age requirements apply (minimum 18 years old). One PingLane account is linked to one Shopify store.
You represent and warrant that: (a) the information you provide is accurate and current; (b) you have the legal right and authority to use the Service; and (c) you will comply with the Shopify Partner Program Agreement and Shopify’s Acceptable Use Policy.
4. Acceptable Use
You agree to use PingLane only for lawful purposes. You must not:
- Send notifications that are deceptive, misleading, fraudulent, or harmful.
- Use PingLane to distribute malware, phishing content, or illegal material.
- Violate applicable laws, including anti-spam laws (CAN-SPAM, CASL, ePrivacy/PECR), privacy regulations (GDPR, UK GDPR, CCPA/CPRA), and consumer-protection laws.
- Reverse-engineer, decompile, hack, probe, or disrupt PingLane’s systems (except to the extent such restriction is prohibited by applicable law).
- Resell or sublicense the Service without our prior written permission.
- Use the Service to collect subscriber data for any purpose other than sending notifications through PingLane.
- Send notifications at volumes or frequencies that could be considered abusive or harassing.
- Use the Service in or for the benefit of any country or person subject to comprehensive US, EU, or UK sanctions, or in violation of any export-control law.
PingLane relies on the browser’s built-in permission system; notifications can only be delivered to users who have allowed push notifications through their browser. We may suspend or terminate your account if we reasonably believe you have breached these Terms, with notice where reasonably practicable.
5. Subscriber Consent
You are responsible for ensuring your Subscribers have given valid consent to receive push notifications under all applicable laws (GDPR, UK GDPR, CAN-SPAM, CASL, ePrivacy/PECR, and others). The browser’s native permission prompt handles the technical opt-in, but PingLane does not verify or guarantee that your consent process meets the legal requirements of your jurisdiction. That is your responsibility, and you represent and warrant compliance with this Section.
We may suspend the Service if we receive credible reports of non-consensual or abusive notifications.
6. Subscription Plans and Payment
6.1 Plans
Four plans: Free, Indie, Pro, Enterprise. Every plan includes all features and unlimited subscribers. Plans differ only in monthly sending limit. Full details on our pricing page.
6.2 Free Plan
The Free plan is offered at no cost on an “as is” basis. We may modify, restrict, or discontinue the Free plan at any time on 30 days’ prior notice.
6.3 Billing
- All billing and payments are handled exclusively through the Shopify App Store. Fees are included in your regular Shopify invoice and are subject to Shopify’s billing terms and payment cycles.
- Paid plan fees are generally charged in advance, monthly or annually, based on the subscription you select in the Shopify dashboard.
- All fees are non-refundable except where required by law or expressly stated otherwise.
- Fees exclude applicable taxes; you are responsible for taxes (other than taxes on our income).
6.4 Pricing Changes
We may change prices on at least 30 days’ prior notice by email or in-dashboard message. New prices take effect at the start of your next billing cycle. If you do not accept the change, you may downgrade to the Free plan or cancel before the new price takes effect.
6.5 Upgrades and Downgrades
You may upgrade or downgrade your plan at any time through the dashboard, including downgrading to the Free plan. Changes take effect immediately, and any adjustments to your fees are handled by Shopify in accordance with their standard app-billing procedures.
6.6 Expired Subscription
If a payment fails or you do not renew a paid plan, your account remains active but the subscription expires. Once expired, you cannot send push notifications until you renew or switch to the Free plan. Subscriber data, settings, and history are preserved subject to Section 14. We will notify you of payment problems where reasonably practicable.
7. Data and Privacy
Using PingLane means we process data from your Subscribers on your behalf. How we handle that data is set out in our Privacy Policy and Data Processing Agreement. In addition:
- Your Subscriber data belongs to you. You grant us a non-exclusive, worldwide, royalty-free license to process Subscriber data only as necessary to provide the Service and as permitted by the DPA.
- You are responsible for maintaining your own privacy notice that informs your website visitors about push notifications and the data collected.
- The DPA is hereby incorporated by reference and applies to all processing of personal data by PingLane on your behalf.
8. Intellectual Property
All software, design, trademarks, branding, and content that make up PingLane belong to PingLane or its licensors. These Terms grant you only a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, create derivative works of, distribute, or reverse-engineer any part of PingLane except as expressly permitted by law or in writing by us.
You retain ownership of your “Customer Content” (notifications, copy, images, configurations). You grant PingLane a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as necessary to provide the Service.
Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant PingLane a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose without obligation to you.
9. Availability and Modifications
We work to keep PingLane reliable but do not guarantee the Service will be uninterrupted, error-free, or secure. We may:
- Carry out scheduled or emergency maintenance that temporarily affects access.
- Add, change, or remove features at any time, generally with notice for material removals.
- Update these Terms with notice (see Section 13).
Subject to Section 11, we are not responsible for losses caused by service interruptions or changes.
10. Third-Party Integrations and Tools
PingLane is built as a Shopify app and operates within the Shopify ecosystem. There are no other platform integrations at this time.
We use third-party tools to operate and improve the Service:
- Microsoft Clarity: Anonymized behavioral analytics on the PingLane website and customer dashboard. PII is masked. See Microsoft’s Privacy Statement.
Your use of Shopify is governed by Shopify’s own terms. We are not responsible for the actions, availability, or data handling of third-party tools or platforms beyond our reasonable control.
Data Incidents Involving Third-Party Services
If a third-party service we use (for example our cloud infrastructure provider) experiences a security incident that affects your data or your Subscribers’ data, we will:
- Notify you no later than 72 hours after we confirm the incident.
- Tell you what we know at the time: what happened, what data may have been affected, and what we are doing.
- Update you as more details become clear.
11. Disclaimers and Limitation of Liability
11.1 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11.2 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Aggregate cap. EACH PARTY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY THE CUSTOMER TO PINGLANE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS (US$100).
11.4 Carve-outs. The exclusions and cap in Sections 11.2 and 11.3 do not apply to: (a) a party’s indemnification obligations; (b) breach of confidentiality; (c) the Customer’s payment obligations; (d) liability arising from a party’s gross negligence, fraud, or wilful misconduct; or (e) liability that cannot be excluded or limited by applicable law.
11.5 Statutory data-protection liability. Nothing in this Section limits either party’s statutory liability to data subjects under applicable Data Protection Laws.
11.6 Consumer rights. If you are an individual residing in the EU/UK or a jurisdiction that grants non-waivable consumer rights, those rights are not affected by this Section.
12. Indemnification
12.1 By Customer. You will defend, indemnify, and hold harmless PingLane, its officers, directors, employees, and agents from and against any third-party claims and resulting damages, costs, and reasonable attorneys’ fees arising out of or relating to: (a) your use of the Service; (b) your breach of these Terms; (c) Customer Content; (d) violation of applicable law (including Data Protection Laws and anti-spam laws); or (e) infringement of any third-party rights, including those of your Subscribers.
12.2 By PingLane. We will defend, indemnify, and hold harmless the Customer from third-party claims that the Service, when used in accordance with these Terms, infringes that third party’s intellectual property rights, and pay damages and reasonable attorneys’ fees finally awarded against the Customer (or settled with our consent). This obligation does not apply to claims arising from: (i) Customer Content; (ii) modification of the Service not made by us; (iii) combination of the Service with non-PingLane products or services; or (iv) use of the Service in violation of these Terms or applicable law. Our sole obligation, and the Customer’s exclusive remedy for such claims, is, at our option, to (1) procure for the Customer the right to continue using the Service, (2) modify the Service to be non-infringing, or (3) terminate the Service and refund any prepaid, unused fees.
12.3 Procedure. The indemnified party must (a) promptly notify the indemnifying party in writing, (b) give the indemnifying party sole control of the defense and settlement (provided no settlement imposes liability or admission on the indemnified party without consent), and (c) provide reasonable cooperation at the indemnifying party’s expense.
13. Changes to These Terms
We may update these Terms from time to time. For material changes, we will give at least 14 days’ notice by email or in-dashboard message before the changes take effect, and we will require affirmative acknowledgement on next sign-in for material changes that increase your obligations. If you do not agree, you may cancel your account before the changes take effect; continued use after the effective date constitutes acceptance.
14. Termination and Effect of Termination
14.1 By Customer
You can cancel at any time through the dashboard or by contacting us. Cancellation takes effect at the end of your current billing period. We do not issue refunds for time remaining on a paid plan unless required by law.
14.2 By Us
We may suspend or terminate your account immediately if you breach these Terms, if we are required to by law, or if we discontinue the Service. We will provide notice where reasonably practicable.
14.3 Effect
Upon termination: (a) your right to use the Service ends; (b) for 30 days after termination you may export Subscriber data through the dashboard or API; (c) thereafter we will delete or return Personal Data in accordance with the DPA; (d) accrued payment obligations and clauses that by their nature should survive termination (Sections 4, 7, 8, 11, 12, 14.3, 15, and 16) will survive.
15. Governing Law and Dispute Resolution
15.1 Governing law. These Terms are governed by the laws of [Jurisdiction to be confirmed by PingLane - recommended: State of Delaware, USA, excluding its conflict-of-laws rules]. The UN Convention on Contracts for the International Sale of Goods does not apply.
15.2 Informal resolution. Before filing a claim, the parties will try in good faith to resolve any dispute informally for at least 30 days after written notice describing the dispute.
15.3 Binding arbitration (US-seated parties). If the parties cannot resolve the dispute informally, all disputes arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Wilmington, Delaware (or remotely, at the arbitrator’s discretion). Judgment may be entered on the award in any court of competent jurisdiction.
15.4 Carve-outs. Either party may bring an action in court for: (a) injunctive or equitable relief to protect intellectual property or confidential information; (b) small-claims court matters; (c) statutory actions that cannot be arbitrated.
15.5 Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
15.6 Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
15.7 EU/UK consumers. If you are an EU/UK consumer, the choice of law and forum in this Section does not deprive you of mandatory protections under the law of your country of residence, and you may bring proceedings in your local courts.
15.8 Venue carve-out for non-arbitrable matters. For matters not subject to arbitration, the courts located in [Jurisdiction to be confirmed] have exclusive jurisdiction.
16. General
16.1 Entire agreement. These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between the parties on this subject and supersede prior agreements.
16.2 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
16.3 Assignment. You may not assign these Terms without our prior written consent. We may assign without notice in connection with a merger, acquisition, reorganisation, or sale of substantially all assets.
16.4 Waiver. No failure or delay in enforcing any right is a waiver. A waiver is effective only if in writing and signed by the waiving party.
16.5 Force majeure. Neither party is liable for delays or failures due to causes beyond reasonable control (including acts of God, war, pandemic, government action, internet failure, denial-of-service attacks).
16.6 Notices. Notices to PingLane must be sent to [email protected]. Notices to the Customer may be sent by email to the address associated with the Shopify store or by in-dashboard notice.
16.7 Independent contractors. The parties are independent contractors. Nothing creates a partnership, agency, joint venture, or employment relationship.
16.8 Third-party beneficiaries. Other than as expressly set out, these Terms do not create third-party beneficiary rights.
16.9 Counterparts and electronic signatures. Where signed, these Terms may be signed in counterparts and electronically.
16.10 Headings. Headings are for convenience only and do not affect interpretation.
17. Contact Us
If you have any questions about these Terms, Please contact us at:
- Customer Support: For technical help or general questions, email [email protected].
- Legal & Administrative: For legal notices, privacy matters, or security inquiries, email [email protected].
End of Terms and Conditions.