Effective 1 May 2025

Terms of Service

Profit Guard by Defyn Digital.

1. Acceptance of Terms

By installing or using Profit Guard (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the App. These Terms constitute a legally binding agreement between you (the "Merchant") and Defyn Digital ("we", "us", or "our").

2. Description of Service

Profit Guard is a Shopify embedded application that calculates real-time order profitability by combining order revenue, discounts, shipping, payment processing fees, and cost of goods sold (COGS) data. The App provides:

3. Shopify Platform

The App is built on and requires the Shopify platform. Your use of the App is also governed by Shopify's Terms of Service and Privacy Policy.

4. Billing and Subscriptions

Profit Guard offers the following plans, billed through the Shopify Billing API:

All charges are processed by Shopify. Subscription fees are non-refundable except where required by law or at our sole discretion. You may cancel your subscription at any time; downgrade takes effect at the end of the current billing period.

5. Accuracy Disclaimer

Profit calculations produced by Profit Guard are estimates only. The App relies on the data available in your Shopify orders and the cost figures you configure. Actual profitability may differ due to:

Profit Guard is a decision-support tool. Do not rely solely on its output for financial, tax, or accounting decisions. Consult a qualified accountant or financial adviser for those purposes.

6. Acceptable Use

You agree not to:

7. Intellectual Property

The App, including all software, design, text, and branding, is the exclusive property of Defyn Digital. These Terms do not transfer any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to use the App solely for your own business purposes while these Terms remain in effect.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Defyn Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the App. Our total liability to you for any claims arising under these Terms shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

9. Indemnification

You agree to indemnify and hold Defyn Digital harmless from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the App, your breach of these Terms, or your violation of any third-party rights.

10. Termination

You may terminate your use of the App at any time by uninstalling it from your Shopify admin. We reserve the right to suspend or terminate your access to the App at any time for breach of these Terms, with or without notice. Upon termination, all licences granted to you under these Terms immediately expire. Sections 5, 7, 8, and 9 survive termination.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by updating the effective date above and, where appropriate, through a notice in the App. Continued use of the App after changes constitutes acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles. Any disputes shall be resolved in the courts of New South Wales, Australia.

13. Contact

Questions about these Terms? Contact us at dan@defyn.com.au.