Terms of Service

Kelby is operated by Samy Arezki, an individual (sole proprietor) based in Quebec, Canada, trading as “Kelby”. If the operator later incorporates, the registered entity name and address will be updated here.

The service

Kelby provides a Shopify application that runs a loyalty and rewards program for your store: points earning and redemption, VIP tiers, referrals, a storefront widget, migration import and analytics. Features available to you depend on your plan.

Plans and billing

• Kelby offers a Free plan and a paid Core plan. Prices are shown on our pricing page and set in Shopify’s Managed Pricing.
• Paid charges are billed in USD through Shopify and appear on your Shopify invoice.
• Billing is month-to-month with no contract. Charges stop when you uninstall the app; Shopify’s proration and refund rules apply.
• The Core plan includes a 14-day free trial. The Free plan’s only limit is 250 orders per month; there is no order-based overage on paid plans.

Acceptable use

You agree not to:

• use Kelby to violate any law or Shopify’s own terms and policies;
• attempt to abuse the points, referral or reward mechanics to defraud the program or other customers;
• reverse-engineer, resell or misrepresent the service, or interfere with its operation.

Kelby includes fraud guards (for example on referrals), but you are responsible for the program rules and reward values you configure.

Your data and your customers

You remain the controller of your customers’ data. Kelby processes it on your behalf to run the program, as described in our Privacy Policy. You are responsible for having the right to run a loyalty program for your customers and for your own communications to them.

Availability and changes

Kelby is provided on a commercially reasonable-efforts basis. We may update, add or remove features; where a change materially reduces what a paid plan includes, we will communicate it. Any plan changes follow the rule that we only ever broaden what is included, never quietly narrow it.

Disclaimers and liability

Kelby is provided “as is”, without warranties of any kind to the extent permitted by law. To the maximum extent permitted by law, Kelby’s liability arising from your use of the service is limited to the amount you paid for it in the twelve months before the claim. Kelby is not liable for indirect or consequential losses.

Termination

You may stop using Kelby at any time by uninstalling it from your Shopify admin. We may suspend or terminate access for a material breach of these terms.

Governing law

These terms are governed by the laws of the Province of Quebec and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts located in Quebec have jurisdiction over any dispute, subject to any mandatory consumer protections in your own jurisdiction.

Contact

Questions about these terms? Email hello@kelbyloyalty.com.