Terms and Conditions

• Sortby is for businesses running a Shopify store, not for consumers.
• To sort a collection, Sortby sets that collection’s sort order to Manual in Shopify and leaves it that way. Shopify’s own automatic sort orders stop applying to it until you change them back yourself.
• Sortby writes to your store: it changes the order of products inside the collections you configure.
• Plans are billed by Shopify, not by us. We never see your card.
• Sorting is provided on a best-effort basis. We do not guarantee that it runs at a particular time.
• These Terms are governed by Italian law. Mandatory protections granted by other applicable laws remain unaffected.

• Merchant (also “User”, “you”): the natural person or legal entity that installs or uses the Service through a Shopify store.
• Owner (also “we”, “us”): inkOfPixel Srl, the company that provides the Service.
• Service: the Sortby application for Shopify, together with this website.
• Shopify: the e-commerce platform operated by Shopify Inc. through which the Service is installed, accessed and billed.
• Plan: the subscription tier a Merchant is on, as offered through Shopify’s app pricing.
• Terms: this document, as updated from time to time.

Sortby reorders the products inside a Shopify collection according to rules the Merchant defines — boost rules that lift or sink matching products, and sort rules that order everything else by product fields or by product metafields. It re-runs those rules automatically and on demand.

Sorting a collection requires setting it to Manual order. Shopify allows a collection to have either one of its own automatic sort orders or a manual order, not both. When Sortby first sorts a collection it therefore sets that collection’s sort order to MANUAL in your store, and does not change it back. This is a permanent change to your collection until you change it yourself in the Shopify admin, and it applies even after you stop using the Service or uninstall the app. By configuring rules for a collection you accept this.

Removing a collection from Sortby stops it being re-sorted. It does not delete the collection, and it does not restore whatever sort order the collection had before.

The Service is designed for and directed exclusively at businesses and professionals operating a Shopify store. By using it you confirm that you are acting for purposes relating to your trade, business, craft or profession. Where mandatory consumer-protection provisions nevertheless apply to a specific User, nothing in these Terms limits rights that cannot be waived by agreement.

Access takes place through your Shopify account, by installing the app from the Shopify App Store. You are responsible for keeping your Shopify credentials confidential and for everything done through your store’s account, including by your staff.

You can stop using the Service at any time by uninstalling the app. Uninstalling revokes our access to your store at once and stops any future renewal — but see section 6 on refunds, and note that collections left in Manual order stay that way.

Your rules and catalogue copy are kept for a short window after uninstalling, so that reinstalling resumes where you left off. Once that window closes they are deleted, and only a minimal record of the installation remains. The Privacy Policy sets out exactly what is kept, for how long, and how to have it erased.

The Service is offered on a free plan and on paid plans. Each plan sets two limits: how many products your catalogue may contain, and how many collections you may have sorting rules on. The limits in force are those shown on the pricing page and in the Shopify App Store listing.

There is a small tolerance above the product limit before anything stops, so a store hovering around the line is not cut off by a few new products. Beyond that tolerance, automatic sorting pauses until the catalogue is back within the limit or the plan is upgraded. Nothing is deleted when this happens.

If you move to a lower plan, the collections you configured earliest keep being sorted, up to the new plan’s limit; the others stop being sorted but keep their rules, and resume if you upgrade again.

• Paid plans are billed by Shopify through Shopify’s app pricing and appear on your Shopify invoice. The Owner never collects or stores payment card details.
• Prices are stated exclusive of any taxes that Shopify may apply at checkout. Where a paid plan includes a free trial, the trial period is stated at the point of subscription and billing starts when it ends unless you cancel first.
• Subscriptions renew automatically for the billing period you chose until cancelled. Cancelling stops future renewals; the period already paid for runs to its end.
• Fees already paid are not refunded, except where refund is required by applicable law. The free plan has no time limit and paid plans may include a trial, so the Service can be evaluated at length before any payment is due.
• Development and partner stores are not charged, in line with Shopify’s rules for such stores.
• The Owner may change prices for the future, informing Merchants in advance through Shopify or by email. Changes never apply retroactively to a period already paid for.

You may not:

• probe, scan or test the vulnerability of the Service, breach its security measures, or introduce malware;
• circumvent or interfere with the plan limits, rate limits or any other technical restriction of the Service;
• use automated processes to extract or scrape data from the Service unless explicitly allowed by the Owner;
• resell, duplicate, sublicense or otherwise exploit any part of the Service without the Owner’s prior written permission;
• reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent this cannot be prohibited by law;
• use the Service in a way that damages or unreasonably burdens the Owner’s infrastructure, or Shopify’s.

The Owner may suspend or terminate access where it reasonably suspects a breach of these Terms or of applicable law, informing the Merchant where appropriate. Suspension or termination for causes attributable to the Merchant does not entitle the Merchant to any refund or compensation.

How personal data is handled is set out in the Privacy Policy. The Service is built so that it never requests access to your customers’ data: it asks Shopify only for product read and write permissions.

To the extent that the data the Service processes on your behalf contains personal data, you act as data controller and the Owner acts as data processor, on the terms of the Data Processing Agreement, which forms an integral part of these Terms. Deletion after uninstallation follows the retention terms of the Privacy Policy and of that agreement.

All intellectual property rights in the Service — including software, design, logos, trademarks and content — are and remain the exclusive property of the Owner or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Service for the duration of your subscription and within the scope of these Terms. You may not copy, modify, translate, distribute, sell, sublicense or create derivative works of the Service, nor allow third parties to do so.

Your store’s data remains yours. Nothing in these Terms transfers any right in it to the Owner beyond what is needed to provide the Service.

The Service depends on Shopify, which is governed by its own terms and policies. The Owner has no control over Shopify and is not responsible for its content, availability or operation, including changes to its APIs, its rate limits or its billing. If Shopify changes in a way that makes part of the Service impossible, the Owner may change or withdraw that part.

Where the Service or its documentation links to external resources, the Owner has no control over them and is not responsible for their content or availability.

The Service is provided “as is” and “as available”. To the maximum extent permitted by applicable law, the Owner disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

In particular, the Owner does not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, that automatic sorting will run at any particular time or at all on a given day, or that a given ordering will produce any particular commercial result. Automatic sorting depends on Shopify’s API availability and rate limits and on background processing, and is provided on a best-effort basis.

You remain responsible for what your storefront shows. The Service changes the order of products in your collections according to the rules you set. Review the resulting order, and the rules that produce it, before relying on it commercially.

To the maximum extent permitted by applicable law, the Owner shall not be liable for any indirect, incidental, special, consequential or exemplary damages — including loss of profits, revenue, data or goodwill — arising out of or relating to the use of, or inability to use, the Service, including damages resulting from:

• unauthorised access to or use of the Service or of your store’s account;
• errors, mistakes or inaccuracies in the ordering produced by your rules;
• any interruption or cessation of transmission to or from the Service;
• bugs, viruses or similar harmful components transmitted to or through the Service by third parties;
• the unavailability, rate limiting or change of Shopify’s APIs, or any other factor outside the Owner’s reasonable control;
• the conduct of any third party or other User.

In any event, the Owner’s aggregate liability arising out of or relating to these Terms shall not exceed the amounts paid by the Merchant to the Owner, through Shopify, in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability for wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded under applicable law.

You agree to indemnify and hold the Owner and its officers, directors, employees and agents harmless from any claim, damage, loss, cost or expense — including reasonable legal fees — arising from: (i) your use of the Service in breach of these Terms; (ii) the content of the product data, metafields and rules you supply to the Service; or (iii) your violation of applicable laws or of third-party rights.

United States. The disclaimers of warranties and limitations of liability in these Terms apply to the fullest extent permitted by applicable law. Federal law and some states do not allow the exclusion or limitation of certain implied warranties or of incidental or consequential damages, so the above exclusions may not apply in full. These Terms give Users specific legal rights, and Users may also have other rights which vary from state to state; the disclaimers, exclusions and limitations under these Terms shall not apply to the extent prohibited by applicable law.

Australia. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state or territory legislation and which cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability to the User is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

United Kingdom. References in these Terms to EU legislation include the corresponding provisions of UK law where applicable, and any mandatory protections granted by UK law remain unaffected.

The Owner may interrupt the Service for maintenance, updates or other changes, informing Merchants appropriately, and may modify or discontinue features. The Service may be unavailable because of events outside the Owner’s reasonable control, such as infrastructure failures, Shopify outages or labour actions.

If the Service is discontinued altogether, the Owner will give reasonable notice and will cooperate with Merchants so they can retrieve their configuration. Collections already set to Manual order remain in Manual order; restoring a Shopify sort order is done from the Shopify admin.

The Owner may amend these Terms at any time, informing Users of the changes as appropriate. Changes apply to the future. Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms; Users who do not wish to be bound by them must stop using the Service and may uninstall the app.

The Owner may transfer or assign any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Users may not assign or transfer their rights or obligations under these Terms without the written permission of the Owner.

Should any provision of these Terms be or become invalid or unenforceable, that provision shall be replaced, where possible, by a valid provision reflecting its original intent, and the remaining provisions shall remain in full force and effect. The Owner’s failure to assert any right or provision shall not constitute a waiver of it, and no waiver shall be considered a further or continuing waiver of that or any other term.

These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between you and the Owner on their subject matter and supersede all prior communications and agreements on the same subject matter.

If you provide suggestions, ideas or other feedback about the Service, the Owner may use them without restriction or obligation of compensation, and you grant the Owner a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose related to the Service.

These Terms are governed by Italian law, without regard to conflict-of-laws principles. Any dispute arising from or connected to these Terms shall be subject to the exclusive jurisdiction of the courts of Milan, Italy. Where a User qualifies as a consumer under mandatory law, the protections and jurisdiction rules granted by the law of their habitual residence remain unaffected.

Bring any dispute to us first and we will try to resolve it amicably: write to [email protected] with a short description and, where relevant, your store domain. We handle complaints without undue delay and within 21 days of receiving them. Your right to take legal action always remains unaffected.

inkOfPixel Srl, Piazza Castello 26, 20121 Milano, Italy. VAT number 09287730965. All communications relating to the Service should be sent to [email protected].