1. Agreement to these terms
These Terms of Service (“Terms”) are an agreement between you and Oleksii Shyshkov, the individual based in California, United States, who operates MakeApproved (“MakeApproved”, “we”, “us”). They cover makeapproved.com, the MakeApproved app for Shopify, the interactive demo, and the customer review pages we host (together, the “Service”).
By installing the app, using the Service or opening a review link, you agree to these Terms and to our Privacy Policy. If you use the Service for a business, you confirm that you have authority to bind that business, and “you” means the business. If you don’t agree, don’t use the Service.
2. Who can use MakeApproved
Merchants. The app is for businesses that run a Shopify store. You must be at least 18, able to enter a binding contract, and in good standing with Shopify. You must also follow the Shopify Terms of Service. You are responsible for your staff’s use of the Service and for keeping your Shopify account secure.
Reviewers. A merchant’s customer, or someone they invite, can view and respond to a proof through a private link without an account. Reviewers may use the Service only to review proofs sent to them. Sections 6 (Acceptable use), 12 (Disclaimers), 13 (Limitation of liability) and 15 (Disputes) also apply to reviewers.
3. The Service
MakeApproved lets merchants upload proofs for Shopify orders, send private review links, collect comments, approvals and change requests, keep a version history, manage production, and offer artwork for sale through Shopify draft-order invoices.
We may add, change or remove features over time. If we remove a core feature you pay for, we will try to give you reasonable notice. Features marked as beta, preview or demo are provided as-is and may change or stop at any time.
4. Plans, billing and cancellation
- Plans. MakeApproved has a free plan and paid monthly plans. Each plan includes a set number of proofed orders per month, as shown on our pricing page and in the app. An order counts once per billing month when you send its first proof. Additional versions, reminders and decisions on that order are free.
- Billing through Shopify. Paid plans are billed by Shopify on your Shopify invoice, in US dollars, and follow Shopify’s billing terms. Subscriptions renew automatically each month until you cancel. Prices don’t include taxes, which Shopify may add.
- Limits. When you reach your plan’s monthly limit, you can’t send new first proofs until the next month or until you upgrade. Existing proofs, revisions and customer decisions keep working.
- Changes. You can upgrade or downgrade at any time in the app. We may change prices or plan limits by giving you at least 30 days’ notice. Shopify will ask you to approve any increase before it applies.
- Cancellation and refunds. You can cancel by switching to the free plan or uninstalling the app. Fees already charged are non-refundable, including for partial months, unless the law requires otherwise. If you think you were charged by mistake, email contact@makeapproved.com within 30 days and we’ll review it in good faith.
5. Your content and your customers’ data
You own your content. Artwork, files, comments and other material you or your customers upload (“Content”) stays yours. You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Content only as needed to provide, secure and support the Service. This license ends when the Content is deleted from the Service, except for copies in backups that expire on their normal schedule.
You are responsible for your Content. You confirm that you have the rights to upload it, that producing it as approved doesn’t infringe anyone’s intellectual property or other rights, and that it complies with the law.
Customer data. When you use MakeApproved with your customers’ information, you remain the business responsible for that data, and we process it on your behalf according to our Privacy Policy. You agree to have a lawful basis to collect and share it, to give your customers any notices the law requires (including in your store’s privacy policy), and to send proof and reminder emails only to customers involved in an order or who agreed to receive them. We will use customer data only to provide the Service to you, and we will not sell it or use it for advertising.
Not a backup. The Service stores proof records while you use it, but it is not an archive. Data is deleted after uninstall and as described in the Privacy Policy. Export or download anything you need to keep, such as approval records for disputes or chargebacks.
6. Acceptable use
You agree not to:
- upload unlawful, infringing, defamatory, obscene or hateful material, or child sexual abuse material;
- upload malware, or files designed to exploit or disrupt systems;
- use the Service to send spam or messages to people with no connection to an order;
- get around plan limits, billing, access controls or security measures, or access another merchant’s data;
- scrape, overload or interfere with the Service, or test its vulnerabilities without our written permission;
- reverse engineer the Service except where the law allows it, or copy, resell or sublicense it, or use it to build a competing product;
- use the Service in violation of Shopify’s policies or any applicable law, including export control and sanctions laws.
We may remove Content or restrict access that we reasonably believe violates this section.
7. Proofs, approvals and production
MakeApproved records what a reviewer saw and decided, and when. It does not check artwork for accuracy, spelling, colors, dimensions or print readiness. Final responsibility for checking artwork and for producing, shipping and supporting your products stays with you.
Your sales contract is between you and your customer. We are not a party to it. An approval recorded in MakeApproved is evidence you can use, but we don’t guarantee how a customer, payment provider or court will treat it. Colors and details on screen may differ from the finished product.
If you sell artwork through MakeApproved, you set the price, collect payment through Shopify, deliver the files and handle any taxes, refunds and disputes.
8. Our intellectual property and feedback
The Service, including its software, design, text, graphics and the MakeApproved name and logo, belongs to us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms for your own business. You get no other rights.
If you send us ideas or feedback, we can use them without any obligation to you.
9. Third-party services
The Service depends on third parties such as Shopify, our hosting, storage and email providers, and malware scanning services. Their services are governed by their own terms. We aren’t responsible for their outages, changes or actions. If Shopify changes or limits its platform in a way that affects the app, we may have to change or stop features.
10. Copyright complaints
If you believe Content on the Service infringes your copyright, email contact@makeapproved.com with your contact details, a description of the work, the location of the material (for example, the review link), a statement that you believe in good faith the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature. We may remove the material and notify the merchant who uploaded it. We will terminate repeat infringers when appropriate.
11. Suspension and termination
You can stop using the Service and uninstall the app at any time.
We may suspend or end your access if you breach these Terms, fail to pay, create a security or legal risk, or if Shopify requires it. Where reasonable, we will warn you first and give you a chance to fix the problem. We may also discontinue the Service entirely with at least 30 days’ notice. If we do, we will refund any prepaid fees for the period after it ends.
When your access ends, your right to use the Service ends, and your data is deleted as described in the Privacy Policy. Sections 5 (on responsibility for Content), 7, 8, 12 through 15 and 17 continue to apply after termination.
12. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don’t promise that the Service will be uninterrupted, error-free or secure, that emails will be delivered, or that data will never be lost.
13. Limitation of liability
To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, or the cost of reprinting or replacing products, even if we were told they were possible.
Our total liability for all claims about the Service is limited to the greater of (a) the fees you paid us for the Service in the 12 months before the event that gave rise to the claim, or (b) US $100.
Some places don’t allow these exclusions or limits, so some of them may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or anything else that cannot be limited by law.
14. Indemnification
If you are a merchant, you will defend, indemnify and hold us harmless from any third-party claims, losses and reasonable costs (including attorneys’ fees) arising from your Content, your products, your dealings with your customers, your use of customer data, or your breach of these Terms or the law. We will notify you promptly of any such claim and let you control its defense, but we may join with our own counsel at our own cost.
15. Governing law and disputes
These Terms are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules.
Before filing a claim, please email contact@makeapproved.com and describe the issue. We will both try in good faith to resolve it within 30 days. If we can’t, the claim must be brought only in the state or federal courts located in California, and you and we consent to their jurisdiction. Either of us may bring an eligible claim in small claims court instead.
Any claim must be filed within one year after it arose, unless the law requires a longer period.
16. Changes to these terms
We may update these Terms. The effective date at the top shows the current version. If we make a material change, we will notify merchants in the app or by email at least 15 days before it takes effect, unless the change is required by law or addresses security or abuse. If you keep using the Service after a change takes effect, you accept the new Terms. If you don’t agree, stop using the Service and uninstall the app.
17. General
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service and replace any earlier understandings.
- Severability. If a court finds part of these Terms unenforceable, the rest still applies.
- No waiver. If we don’t enforce a provision right away, we can still enforce it later.
- Assignment. You may not transfer these Terms without our consent. We may transfer them in connection with a sale, merger or transfer of the Service.
- Force majeure. We aren’t responsible for delays or failures caused by events beyond our reasonable control, such as outages, provider failures, natural disasters or government action.
- Notices. We may send notices through the app, to your store’s contact email or to the email you gave us. You can send notices to contact@makeapproved.com.
- Relationship. We are independent parties. These Terms create no partnership, agency or employment relationship.
18. Contact
Oleksii Shyshkov, operator of MakeApproved, California, United States. Email: contact@makeapproved.com.