Terms of Service
1. Acceptance
By installing the Fitmentware application for Shopify, creating an account, or using the Fitmentware services, database, or website (together, the "Service"), you ("Merchant," "you") agree to these Terms on behalf of the business operating your store. If you do not agree, do not install or use the Service.
2. The Service
Fitmentware matches products in your Shopify store to vehicle-fitment data by brand and manufacturer part number, and — depending on your plan — writes fitment information to your store as metafields, tags, product titles, exports, and storefront features.
3. The Fitmentware Database
Ownership. The Fitmentware Database — including vehicle definitions, part records, fitment applications and mappings, aliases, and every compilation, selection, arrangement, correction, and enrichment of them — is and remains the exclusive property of Fitmentware, protected by contract, compilation copyright, and trade-secret law. Nothing in these Terms transfers any ownership interest to you.
Your license. While your subscription is active and you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to display fitment data from the Database on your own storefront, for the retail sale of your own products, through the features the Service provides.
Prohibited uses. Except as expressly licensed, you will not, and will not permit or assist anyone to:
- extract, scrape, harvest, copy, or download the Database or any substantial portion of it, by any means, manual or automated;
- compile, retain, or assemble fitment data from the Service into a dataset, database, spreadsheet, feed, or file for use outside your storefront;
- sell, resell, license, distribute, publish, or otherwise make Database content available to any third party, including marketplaces and stores you do not own;
- use Database content to build, train, improve, or populate any competing or similar product, dataset, or service;
- circumvent, probe, or overload plan limits, brand limits, rate limits, or any technical access control of the Service; or
- access the Service by any means other than the interfaces we provide.
Your store data. Your products, prices, images, customers, and other store content remain yours. We access them only through the permissions you grant at install and only to operate the Service. We never require you to send us data files, and we make no claim to your store content. Fitment data we write into your store (metafields, tags, titles) remains Database content licensed under this section.
Effect of termination. Your license ends when your subscription ends or the app is uninstalled. After termination you must not make further commercial use of Database content, and on our request you will remove fitment data the Service wrote to your store.
4. Plans and fees
Free and paid plans are described in the app and at fitmentware.com; the features in each may change on notice. Fees are billed through Shopify's billing system. Paid plans have no free trial.
The free plan's brand selection is limited in number and is permanent once made, as stated in the app at the time of selection. Reinstalling does not reset it.
5. Accuracy; your responsibility
Fitment data is compiled from manufacturer publications and our own research and is provided for informational purposes. Vehicles vary; manufacturers issue corrections; errors occur. You are responsible for the listings you publish and for advising your customers to verify fitment before purchase or installation. We do not warrant that any part fits any vehicle, and we are not responsible for orders, returns, exchanges, damages, or injuries arising from fitment decisions — including any shipping, restocking, exchange, or other fees or costs incurred by you or your customers in returning or exchanging a part ordered in reliance on Service data. You are solely responsible for your own return, exchange, and refund policies and for absorbing or passing through any such costs; we are exempt from them.
6. Disclaimers; limitation of liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, AND IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES.
7. Suspension and termination
We may suspend or terminate the Service, or any feature, for violation of these Terms — including any prohibited use under section 3 — with or without notice. Sections 3, 5, 6, and 9 survive termination.
8. Changes
We may update these Terms; material changes will be notified through the app or by email. Continued use after the effective date of changes is acceptance.
9. General
These Terms are governed by the laws of the State of Florida, without regard to conflicts of law, and disputes belong exclusively to the state or federal courts located in Florida. If any provision is unenforceable, the remainder stands. These Terms and the Privacy Policy are the entire agreement regarding the Service.
Contact: hello@fitmentware.com