Terms of Service

1. Who these terms are with

These terms govern your use of myDiagnostic, a Shopify application published by Webesencia.

They are between Webesencia and the merchant who installs the app. Shoppers who take a quiz are not party to them; their relationship is with the merchant whose store they are on.

These terms are governed by French law. Any dispute arising from them falls to the competent French courts.

2. What the app does

myDiagnostic lets a merchant build a product recommendation quiz without writing code, publish it on their Shopify storefront, and recommend products from their own catalogue based on the answers.

The recommendation logic is configured entirely by the merchant: the questions, the answers, which products each answer votes for, and the editorial shown with each result. We do not choose what the app recommends. The merchant is responsible for the accuracy and the legality of the claims their quiz makes, including any claim that could be read as advice in a regulated field such as health, nutrition or cosmetics.

3. Your account and your store

You need an active Shopify store to install the app. You are responsible for keeping access to your Shopify account secure, and for what the people you give access to do with the app.

4. Plans, billing and cancellation

The app is offered on a free plan and on paid monthly plans. Prices and the limits of each plan are shown inside the app, on the Plans and billing page, which is the authoritative source at any moment.

Billing runs through Shopify Billing. Charges appear on your Shopify invoice, on Shopify's own billing cycle, and are subject to Shopify's terms. We never see or hold your payment details.

• Upgrading takes effect immediately.
• Downgrading or cancelling takes effect as described on the billing page at the moment you do it. Cancelling returns the shop to the free plan.
• Free-plan limits are enforced. If a downgrade leaves you above the number of published quizzes the free plan allows, the excess quizzes are unpublished automatically, oldest kept live. Nothing is deleted; you can republish after upgrading again.
• Monthly response caps are enforced. Once a shop reaches the cap of its plan for the month, quizzes show visitors an unavailable message until the counter resets. Merchants can see their usage on the billing page.

The free trial. The first paid subscription on a shop opens a 14 day free trial, managed by Shopify. Cancel before it ends and no charge is ever raised. It runs once per shop, so a later change of plan does not open another.

Refunds. Charges are raised by Shopify, on Shopify's billing cycle. A month already started is not refunded pro rata when you downgrade or cancel, except where the law requires it. The trial is what lets you evaluate the app before any charge.

5. What we ask of you

Do not use the app to collect data you have no lawful basis to collect. In particular, capture fields are free-form, so it is technically possible to ask a shopper for anything: asking for special-category data, such as health information, without meeting the conditions the law attaches to it, is a misuse of the app and your responsibility.

Do not attempt to circumvent plan limits, interfere with the service, or use the app to send unsolicited email. Marketing consent collected by the app is explicit and off by default; do not present it in a way that misleads.

6. Your content, and what we do with it

Your quizzes, your copy, your images and your product data remain yours. You grant us only what is needed to run the service: to store that content, and to display it to shoppers on your storefront.

Data collected from your shoppers is processed on your behalf, as described in the Privacy Policy. You are the data controller for it. The data processing agreement that governs it is section 11 of that policy, and it forms part of these terms.

7. Availability

We aim to keep the app available and working, but we do not commit to a specific uptime figure, and none should be inferred. The app depends on Shopify, on our hosting provider and on our database provider; an outage at any of them can interrupt the service.

No service level agreement is offered, on any plan. The app is provided as it is and run with reasonable care: a higher plan buys higher limits, never a guarantee of availability.

8. Third-party services

The app can connect to services you choose to enable, such as an email marketing provider or your own SMTP server. Those services are governed by their own terms, which you accept directly with them. When you supply credentials for one of them, you confirm you are entitled to use them.

9. Ending the agreement

You can uninstall the app at any time from your Shopify admin. Uninstalling ends any paid subscription through Shopify's cancellation flow and returns the shop to the free plan. Your data is retained and then erased as described in the Privacy Policy.

We may suspend or end access if the app is used in breach of these terms, or if required by Shopify or by law. Except where the breach is serious or unlawful, we will tell you first and give you a chance to correct it.

10. Liability

The app is provided as it is. To the extent the law allows, we are not liable for lost profits, lost revenue or lost data, nor for the commercial outcome of recommendations your quiz produces.

Our total liability for any claim is capped at the subscription fees charged for your shop over the twelve months preceding it. Nothing here excludes a liability the law does not allow us to exclude.

11. Changes to these terms

We may update these terms. The date at the top changes when we do. Continuing to use the app after a change means you accept it. We will give notice of material changes through the app.

12. Contact

support@webesencia.com, for the app and for anything concerning data protection.