Terms of Service

1. The service

CreditDesk reads order, company and payment terms records from a merchant's Shopify store, maintains a receivables ledger derived from them, enforces credit limits the merchant configures, and sends payment reminders and statements to the merchant's customers on the merchant's behalf.

CreditDesk does not replace the merchant's records in Shopify. Shopify remains the system of record for orders, companies and payment terms; CreditDesk computes on top of them and writes back only metadata.

2. What CreditDesk is not

These limits are fundamental to how the service is designed, and the merchant should not rely on CreditDesk for any of the following.

• CreditDesk does not hold, route, or disburse funds. All payments flow directly from the buyer to the merchant through Shopify Checkout or, if the merchant connects their own Stripe account, through Stripe. We are not a payment processor, money transmitter, or escrow agent.
• CreditDesk is not a debt collection agency and does not collect debts on its own account. The merchant is collecting amounts owed to the merchant, and every communication is sent in the merchant's name and identity.
• CreditDesk does not provide legal, accounting, tax, or financial advice, and does not make credit decisions. Credit limits, payment terms, enforcement settings and message content are chosen and controlled by the merchant.
• CreditDesk is not a credit reporting agency and does not furnish information to any credit bureau.

3. Merchant responsibilities

Because CreditDesk acts under the merchant's identity and on the merchant's instructions, the merchant is responsible for how it is used. In particular:

• The merchant is responsible for the content, tone and frequency of any message CreditDesk sends on their behalf, including messages generated from templates we supply as defaults. Those defaults are a starting point, not legal advice.
• The merchant is responsible for compliance with laws applicable to their collection activity and communications, which may include rules on commercial email, debt collection practices, and consumer protection in the jurisdictions where their customers are located.
• The merchant is responsible for the legality of any late fee, interest charge or other surcharge they configure, including whether the rate is permitted and whether it was properly agreed with their customer. We do not provide jurisdiction-specific defaults and do not verify enforceability.
• The merchant is responsible for their own credit decisions, including limits, holds, and whether to block checkout. CreditDesk enforces the settings it is given.
• The merchant must have a lawful basis for processing their customers' personal data and must maintain their own privacy notice covering it.
• The merchant is responsible for the accuracy of the data in their Shopify store, which CreditDesk reads and reflects.

4. Fees and billing

• Paid plans are billed exclusively through the Shopify Billing API and appear on the merchant's Shopify invoice. We do not take payment card details directly.
• Paid plans include a free trial where stated. Charges begin when the trial ends unless the subscription is cancelled first.
• Fees are charged in advance for each billing period and, except where required by law, are non-refundable. Cancelling stops future charges; it does not refund the current period.
• We may change pricing on notice. Changes take effect at the start of the next billing period following the notice.
• Downgrading a plan does not delete merchant data. Features above the new plan's limits become unavailable or revert to a non-enforcing mode, and paused automations can be resumed by upgrading again.

5. Acceptable use

• Do not use CreditDesk to send messages that are harassing, deceptive, or that misrepresent who is contacting the recipient.
• Do not use CreditDesk to contact people who have no commercial relationship with your business.
• Do not attempt to access another merchant's data, probe or circumvent our access controls, or use the service to transmit malware.
• Do not resell or provide the service to third parties except as an agency operating a merchant's store with their authorisation.
• We may suspend an installation that we reasonably believe is causing harm to recipients, to Shopify, or to the service, and will tell the merchant why.

6. Availability and support

We aim to keep the service available and to process ledger updates promptly, but we do not guarantee uninterrupted or error-free operation, and we do not guarantee any particular collection outcome, payment rate, or reduction in days sales outstanding.

Support is available at support@getcreditdesk.com. Response times vary by plan and are described in the app.

Where credit enforcement depends on data we have synchronised, the service is deliberately designed to allow checkout when that data is missing or stale rather than to block a sale. The merchant should not treat enforcement as a guarantee that no over-limit order can ever be placed.

7. Data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data about a merchant's customers, we do so as a processor under our Data Processing Addendum, which forms part of these terms.

8. Third-party services

CreditDesk depends on Shopify and, where enabled, on Stripe and email delivery providers. Those services are governed by their own terms, and we are not responsible for their availability, acts or omissions. Changes those providers make to their platforms may require us to change or discontinue features.

9. Intellectual property

We retain all rights in the CreditDesk software and related materials. The merchant is granted a non-exclusive, non-transferable right to use the service while their subscription is active.

The merchant retains all rights in their own data. We use it only to provide and support the service, and to produce aggregated statistics that do not identify the merchant, their customers, or their business.

10. Term, suspension and termination

• These terms apply from installation until the app is uninstalled or the agreement is otherwise terminated.
• The merchant may uninstall at any time from their Shopify admin. Uninstalling ends future billing through Shopify.
• We may suspend or terminate access for material breach of these terms, for non-payment, or where required by law or by Shopify.
• Following uninstall, merchant data is deleted on the schedule set out in our Privacy Policy. Merchants who want an export should take it before uninstalling; CSV export is available in the app.

11. Disclaimers

Except as expressly stated in these terms and to the fullest extent permitted by law, the service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to these terms.

To the fullest extent permitted by law, our total aggregate liability arising out of or related to these terms is limited to the fees paid by the merchant for the service in the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

13. Indemnity

The merchant will indemnify us against third-party claims arising from their use of the service in breach of these terms, from the content of communications they send through the service, from their credit or collection decisions, or from their failure to hold a lawful basis for processing their customers' personal data.

14. Changes to these terms

We may update these terms as the service develops. We will give reasonable notice of material changes. Continuing to use the service after a change takes effect constitutes acceptance of the updated terms.

15. Governing law

These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Georgia.

Nothing in this section deprives a merchant of the protection of mandatory consumer or local law in their country of residence where such law applies.

16. General

If any provision is found unenforceable, the remainder continues in effect. A failure to enforce a provision is not a waiver of it. The merchant may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets on notice.

These terms are entered into by Lead Kings LLC, 290 Fern Ct, Hampton, GA 30228, United States. Questions about these terms: support@getcreditdesk.com.