The agreement between the merchant account that installs Dambl and the company that operates it. It covers what the service is, what each side is responsible for, and how the agreement ends.
This agreement is between [LEGAL ENTITY], a company registered in [JURISDICTION] under number [NUMBER] (“Dambl”, “we”, “us”), and the Shopify merchant account that installs the Dambl application (“you”, “the merchant”).
Installing the application, or continuing to use it after a revised version of these terms takes effect, constitutes acceptance. If you install on behalf of a company, you confirm you are authorised to bind it.
We will give at least 30 days notice of a change that materially reduces what a paid plan delivers. Notice is given by email to the account address and by a notice inside the application.
Dambl generates photographic images from product images and instructions supplied by the merchant, and returns those images to the merchant's Shopify store. It runs inside the Shopify admin as an embedded application.
The service does not include art direction, retouching by a person, legal clearance of depicted material, or any guarantee that a particular photograph will be commercially usable.
We may add, change or withdraw individual features. We will not remove a capability that a paid plan is currently being charged for within the billing period in which it is removed.
You are responsible for the Shopify accounts and staff permissions that can reach the application, and for everything done through them.
You must keep the billing details held by Shopify current. We do not hold card details; billing runs through Shopify Billing.
You must tell us promptly at support@dambl.app if you believe the application has been accessed without authorisation.
You confirm that you hold the rights necessary to supply each source image to the service, and that supplying it does not breach a third party's rights.
You are responsible for what you publish. A generated photograph is a constructed image; where publishing one would mislead a buyer about the product's condition, contents, certification or origin, you must not publish it.
Acceptable use is set out in full in the Acceptable use policy, which forms part of this agreement.
You keep every right you already held in the source images you supply. Nothing in this agreement transfers them to us, and we claim no ownership of your products, your brand or your catalogue.
As between you and us, the photographs a session returns are yours as soon as the credits for them are paid. We assign to you whatever rights we hold in them, so far as those rights are capable of being assigned, and we will not licence them to anyone else.
Two honest qualifications. A generated image may not attract copyright at all in some jurisdictions, because no person authored it; and our assigning our rights cannot give you rights we never held, so it is no answer to a third party whose trade dress or likeness appears in a frame. Clause 1.4 is the part you have to keep your side of.
We may keep and use your photographs only to run the service for you — storing them, showing them back to you, and writing them to your listing. We do not use them to train models, and we do not publish them as examples of our own work unless you have said yes in writing.
We aim for 99.5% monthly availability, excluding planned maintenance notified at least 48 hours in advance and excluding failures of Shopify or of the image generation provider.
Support is provided by email at support@dambl.app on working days, with a target first response of two working days. Support is email only; there is no telephone line.
No service credit scheme applies unless one is stated in an order form signed by both parties.
You may stop using the service at any time by uninstalling the application from your Shopify admin. Uninstalling cancels the subscription at the end of the current paid period.
We may suspend an account immediately where continued operation would put the service, another merchant, or a third party at risk; where an invoice remains unpaid after 14 days; or where the Acceptable use policy is breached. Where it is practical and lawful to do so, we give notice first and a chance to correct the problem.
On termination, the retention and deletion rules in the Images and data policy apply.
Nothing in this agreement limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to that, our total liability for all claims arising in any twelve month period is limited to the fees paid by you for the service in that period.
Neither party is liable for indirect or consequential loss, loss of profit, loss of goodwill, or loss of anticipated savings.
We give no warranty that a generated photograph is free of third party rights, or that it is capable of copyright protection in any particular jurisdiction.
This agreement, together with the policies it refers to, is the entire agreement between the parties on its subject matter.
If a provision is held unenforceable, the rest continues in force.
The agreement is governed by the laws of [JURISDICTION] and the courts of [JURISDICTION] have exclusive jurisdiction. Nothing here removes rights you have as a consumer that cannot be removed by contract.
Questions about this document go to support@dambl.app. Where a term here conflicts with the Shopify Partner Program Agreement or the Shopify Terms of Service, those terms prevail for matters they govern.