Persistent Cart · Legal

TERMS OF SERVICE

Persistent Cart — Terms of Service

Effective date: 2026-10-01

These Terms of Service ("Terms") constitute a legally binding agreement between PÉCI Kft. (a Hungarian limited liability company), Aradi utca 5., 2119 Pécel, Hungary ("Company", "we", "us", "our") and the Shopify merchant ("Merchant", "you") who installs or uses the Persistent Cart Shopify application.

After you install the App, and before you first use it, the App shows an acceptance page. That page sets out five points of these Terms separately (warranty disclaimer, Section 9; limitation of liability, Section 10; indemnity, Section 12; annual plans and refunds, Section 14; force majeure, Section 16) and links to the full Terms and to the Privacy Policy. By clicking "I accept" on that page, you confirm that you have read, understood, and agreed to these Terms and to the Data Processing Agreement published at https://peci.io/persistent-cart/dpa, which is incorporated into these Terms. Until you accept, the App does not save or restore your customers' carts and share links do not work. If you do not agree, do not accept, and uninstall the App.

1. Definitions

2. Description of service

Persistent Cart is a Shopify application that provides:

Cross-device cart continuation: Logged-in customers' shopping carts are stored and restored across any device on which they sign into the Merchant's Shopify store. This feature requires the Theme App Extension to be enabled and requires customers to be logged in to a registered account. Guest (unauthenticated) carts cannot be synced across devices.

Share a Cart: Customers can generate a unique short link to their current cart and share it. The recipient who clicks the link can load those exact cart items without having browsed the Merchant's store.

Admin analytics (Pro and Advanced plans): Recovered cart counts, Share a Cart link click counts, and order conversion counts displayed inside the Shopify Admin.

The App operates as a Shopify embedded application and a Shopify Theme App Extension. It does not modify the Merchant's theme code automatically; the Merchant must manually enable the Theme App Extension via Shopify Admin → Online Store → Themes → Customize → App Embeds.

3. Eligibility and account

You must be the owner or an authorised admin user of a Shopify store to install the App. By accepting these Terms, you represent that you have the authority to bind your business to them.

These Terms constitute a business-to-business (B2B) agreement. You enter into them in a business or professional capacity and not as a consumer. Consumer-protection rules that apply to business-to-consumer contracts do not apply to this Agreement.

The App is provided through Shopify's app ecosystem. You must maintain a valid Shopify account in compliance with Shopify's own terms.

3A. How the contract is concluded

This section gives the information required by Section 5 of Hungarian Act CVIII of 2001 on electronic commerce services (Ekertv.).

Technical steps. (1) You install the App from the Shopify App Store. (2) Shopify shows you a permission screen listing the data the App will access; the App is installed when you approve it. (3) The App then shows its acceptance page (see the introduction to these Terms). The contract under these Terms is concluded when you click "I accept" on that page, on the Free plan. (4) The App then takes you to Shopify's plan selection page, where you choose a plan, including the Free plan; you can return to it at any time from the App's Pricing menu. For a paid plan, Shopify shows you the charge there, and the paid plan starts when you approve it.

Filing and access. The contract is concluded electronically and is not a written contract (írásba foglalt szerződés) under Hungarian law. We do not file a separate copy of the Terms for each Merchant. We do record your acceptance (your shop, the versions of these Terms and of the Privacy Policy that you accepted, the time and the method) and keep that record for five years after the App is uninstalled (Privacy Policy, Section 5). These Terms are published at https://peci.io/persistent-cart/terms, where you can save or print them at any time.

Correcting input errors. Before you click "I accept", you can read the full Terms and the Privacy Policy from the links on the acceptance page. Before you approve Shopify's permission screen or a charge on Shopify's plan selection page, you can review the details and cancel; as Section 6(4) of the Ekertv. permits for contracts with a party who is not a consumer, the parties agree that these steps serve as the means of identifying and correcting input errors under Section 6(1). After installation you can change your plan on the Pricing page and uninstall the App at any time (Section 14).

Confirmation. We do not send a separate confirmation of your acceptance or of a plan change. As Section 6(4) of the Ekertv. permits for contracts with a party who is not a consumer, the parties agree that, instead of the confirmation under Section 6(2), your acceptance is confirmed by the App opening for use once you click "I accept", and a paid plan by its taking effect once you approve the charge on Shopify's plan selection page.

Language. The contract is concluded in English.

Code of conduct. We do not subscribe to any code of conduct for this service.

4. Plans and billing

4a. Plans

The available plans, their prices and their usage limits (synced sessions and Share a Cart links per month, default cart retention) are those shown on the App's pricing page and in the App's listing on the Shopify App Store at the time you choose a plan. The price you pay is the amount you approve on Shopify's plan selection page. Feature availability per plan is as set out in the listing and the documentation, which may be updated from time to time; a change to the price of your plan follows Section 4d, and a change that is materially adverse to you follows Section 24.

On the Pro and Advanced plans you may choose a cart retention of 7, 14, 30 or 60 days in the App settings (Privacy Policy, Section 5). Annual plans are billed in advance at the annual price shown when you choose the plan.

4b. Billing

All billing is processed by Shopify through Shopify's app billing (Shopify App Pricing) and governed by Shopify's terms. You choose and change your plan on Shopify's plan selection page. Charges appear on your Shopify invoice. We do not directly handle payment-card data.

Free plan: available indefinitely subject to usage limits.

Paid plans: billed by Shopify, monthly or annually in advance. Subscriptions renew automatically until cancelled. If you cancel a paid plan or uninstall the App, the fee already charged for the current billing period (for an annual plan, the current year) is not refunded pro rata; uninstalling stops future charges. The exceptions are in Section 14 (if we discontinue the App, or make a material change that is adverse to you and you terminate before it takes effect), together with any refund required by applicable law; where a refund is due, we issue it through Shopify. Moving from a paid plan to the Free plan takes effect at the end of the current billing period and carries no credit. For any other plan change, Shopify applies the change and shows you when it takes effect.

4c. Usage limits

Synced sessions. When your store reaches the plan's monthly synced-session limit, the App continues for a grace margin of 10% above the limit. Once that margin is used up, the App stops saving, restoring and sharing carts for your store, including opening existing Share a Cart links, until the next billing period begins or until you upgrade. Carts already saved stay stored until their expiry date and are available again when the App resumes.

Share a Cart links. This limit is counted separately from synced sessions. When the plan's monthly link limit is reached, no new links are created until the next billing period begins or until you upgrade. Existing links keep working until they expire, unless the synced-session margin above is used up.

4d. Price changes

We will give at least 30 days' notice of price increases by email. A new price applies to your plan no earlier than the end of that notice period, and you may change or cancel your plan before it takes effect (Section 14).

5. Merchant responsibilities

You are responsible for:

6. Acceptable use

You may not:

7. Data ownership

As between the parties, the Merchant retains all right, title, and interest in the Merchant Data, including cart data and customer data processed through the App. We claim no ownership over Merchant Data and process it only as described in the Agreement and the DPA. We retain all right, title, and interest in the App itself. We may use aggregated, de-identified data derived from use of the service solely to operate, maintain and improve the App, and we do not transfer it to third parties, use it for competitive benchmarking, or use it to train machine-learning or AI models.

8. Intellectual property

The App, including its code, design, documentation, and brand, is owned by PÉCI Kft. and protected by applicable intellectual-property law. These Terms grant you a non-exclusive, non-transferable, revocable licence to use the App solely for your Shopify store while your subscription is active.

Feedback. If you send us suggestions or feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback into our products without obligation or attribution. Feedback is given voluntarily and is not your Confidential Information.

9. Warranty disclaimer

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS SET OUT IN THE LAST PARAGRAPH OF THIS SECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted or error-free, or that any specific uplift in cart recovery or revenue will result from its use. ROI estimates on our website are illustrative projections based on user inputs, not guaranteed outcomes.

This disclaimer does not exclude or limit our core obligation to provide the cart-persistence service with reasonable care and skill, nor any liability that cannot be excluded under applicable law.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, and subject to the carve-outs below:

Carve-outs (this cap and these exclusions do NOT apply to):

Core data-persistence obligation. Because preservation of cart data is the essential purpose of the App, our liability for loss of data caused by our breach is not excluded; it remains subject only to the monetary cap above. "Loss of data" is not among the excluded heads of loss where the loss results from our failure to perform the core service.

Severability of this section. Each limitation and exclusion in this Section 10 operates independently. If any is held unenforceable, it is severed, and the remaining limitations continue in force.

11. Confidentiality

Each party will protect the other's Confidential Information with at least the same care it uses for its own, and will use it only to perform under the Agreement. This does not apply to information that is or becomes public without breach, is independently developed, or is lawfully received from a third party, or where disclosure is required by law (with notice where permitted). Obligations survive termination for three (3) years, and for trade secrets for as long as they remain trade secrets.

12. Indemnity (mutual)

By the Merchant. You will indemnify, defend, and hold harmless PÉCI Kft. and its officers, employees, and contractors from third-party claims, liabilities, damages, losses, and reasonable legal fees arising from: (a) your use of the App in breach of these Terms; (b) your violation of applicable law; or (c) a claim by a Customer or third party arising from your store's use of the App. This does not apply to the extent the claim is caused by our own breach, negligence, or wilful misconduct.

By the Company (IP infringement). We will indemnify, defend, and hold you harmless from third-party claims that the App, as provided by us and used in accordance with the Agreement, infringes that third party's intellectual-property rights. If the App is held or is likely to be held infringing, we may at our option procure the right to continue using it, modify it to be non-infringing, or terminate the affected licence and refund pre-paid fees for the unused period. This is our sole liability, and your sole remedy, for IP infringement, save that this Section is subject to the carve-outs in Section 10.

Each indemnity is conditioned on prompt notice, reasonable cooperation, and the indemnifying party's control of the defence (no settlement imposing non-monetary obligations without consent).

13. Third-party services

The App integrates with and depends on Shopify's platform, which is an independent platform and controller, not our sub-processor. Disruptions to Shopify services are outside our control and do not constitute a breach of these Terms. Your use of Shopify is governed by Shopify's own terms.

Shopify's role with respect to the App. The App is developed and provided by PÉCI Kft., not by Shopify. You acknowledge that:

Disputes. Your relationship under these Terms is with us. Shopify is not obligated to intervene in any dispute between you and us.

Shopify can end our API access. Shopify may suspend or terminate our access to its APIs. If it does, the App may stop working for you, in whole or in part.

These statements allocate responsibility for the App between us and Shopify. They do not extend our liability to you beyond what Sections 9, 10 and 12 provide.

14. Term, suspension, and termination

These Terms commence on the date you install the App and continue until terminated.

Termination by you: uninstall the App through your Shopify Admin at any time. Fees already paid for the current billing period are not refunded pro rata (Section 4b), except as provided below.

Termination by us: we may terminate or suspend your access if: you breach these Terms and fail to remedy within 30 days of notice; you fail to pay applicable charges; or continued provision would violate applicable law.

Immediate suspension: we may suspend the App immediately, without the cure period, where necessary to address a security threat, suspected abuse, unlawful use, or a risk to Customers, the platform, or other users. We will notify you and restore access once the issue is resolved.

Pro-rata termination on material adverse change: if we make a material change to these Terms, the Privacy Policy, the DPA, pricing, or the service that is materially adverse to you, you may terminate before the change takes effect and receive a pro-rata refund of pre-paid fees for the unused portion of the then-current billing period.

Discontinuation of the App: if we discontinue the App, you receive a pro-rata refund of pre-paid fees for the unused portion of the then-current billing period.

Effect of termination: your licence to use the App ends. Before uninstalling, you may request a copy of your data (DPA, Section 9.5). Data deletion follows the Privacy Policy, Section 5, and the DPA. Sections 7, 8 (except the licence granted in it, which ends), 9, 10, 11, 12, 15 and 17–24 survive termination.

15. Governing law and disputes

These Terms are governed by the laws of Hungary, without regard to conflict-of-law principles.

Any dispute arising under or in connection with these Terms is subject to the jurisdiction of the Hungarian courts. The parties do not stipulate an exclusive forum: the dispute is heard by the Hungarian court having competence under Hungarian procedural law.

Nothing in this Section deprives a Merchant of the protection of mandatory provisions of the law of its own place of establishment that cannot be derogated from by agreement.

16. Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by a Force Majeure Event — any event beyond its reasonable control that could not have been foreseen when the Agreement was concluded, including acts of God, war, terrorism, civil unrest, epidemic or pandemic, labour disputes, governmental action, failure of the internet or telecommunications, and outages or failures of platform providers that we do not engage ourselves (including Shopify). An outage of a provider we engage ourselves, such as our hosting or database provider, is a Force Majeure Event only if it is caused by an event that would itself be a Force Majeure Event for that provider. The affected party will use reasonable efforts to mitigate. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected service on notice. A Force Majeure Event excuses delay or unavailability only; it does not excuse loss or corruption of Merchant or Customer data caused by our own breach of the data-persistence obligation, for which Section 10 (and its preservation of liability for the core service obligation) governs.

17. Notices

Notices to us must be sent to legal@peci.io (for legal notices) or privacy@peci.io (for data-protection matters), with a copy to our registered office at Aradi utca 5., 2119 Pécel, Hungary. Notices to you may be given by email to your Shopify account email. Notices are deemed received on the next business day after sending.

18. Assignment and change of control

You may not assign or transfer the Agreement without our prior written consent. You consent in advance (Ptk. Section 6:209) to our transferring the Agreement, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of assets; the transfer takes effect when we notify you. Any purported assignment in breach of this Section is void. The Agreement binds and benefits the parties' permitted successors and assigns.

19. Relationship of the parties

The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, or employment relationship, and neither party may bind the other.

20. Order of precedence

If there is a conflict between the documents making up the Agreement, the following order of precedence applies, but only to the extent of the conflict: (1) the DPA on any data-protection matter; (2) these Terms; (3) the Privacy Policy; (4) the Cookie Policy. Your relationship with Shopify remains governed by Shopify's own terms.

21. Entire agreement

The Agreement (these Terms, the Privacy Policy, the Cookie Policy, and the DPA) is the entire agreement between the parties on its subject matter and supersedes all prior discussions and agreements. Except for the DPA and Privacy/Cookie Policies, which may be updated as described in those documents, no variation is effective unless made in accordance with Section 24.

22. No waiver

A failure or delay in exercising any right under the Agreement is not a waiver of it, and a single or partial exercise does not preclude any further exercise. A waiver is effective only if in writing.

23. Severability

If any provision of the Agreement is held invalid or unenforceable, it is severed, and the remaining provisions continue in full force.

24. Changes to these Terms

We will give at least 30 days' notice of material changes by email. If you do not accept the changes, you may terminate as set out in Section 14 (pro-rata termination on material adverse change) before the effective date. A change binds you once you accept it in the App: the App asks you to accept the new version the next time you open it, and its admin pages are available again once you do. Until then, cart saving on your store keeps running and the version you accepted earlier continues to apply.

25. Contact and provider information

PÉCI Szolgáltató Korlátolt Felelősségű Társaság (PÉCI Kft.) Aradi utca 5., 2119 Pécel, Hungary Company registry number: Cg. 13-09-089813, registered by the Court of Registration of the Budapest Environs Regional Court (Budapest Környéki Törvényszék Cégbírósága) EU VAT number: HU12761609 (Hungarian tax number: 12761609-2-13) Support and general questions: persistentcart@peci.io Legal notices: legal@peci.io (formal notices under the Agreement go to the addresses in Section 17) Data / privacy matters: privacy@peci.io Hosting provider: Vercel Inc., 440 N Barranca Avenue #4133, Covina, CA 91723, USA, privacy@vercel.com