Terms of Service

Effective Date: Sep. 10 2025

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the Simply Forms application (the “App”), provided by Silver Pine Intelligence LLC (“we,” “us,” or “our”). By installing or using the App, you (“Merchant,” “you”) agree to these Terms. If you do not agree, do not install or use the App.

2. Description of the App

The App allows Merchants to create customizable forms and collect information from customers through their Shopify storefront. The App provides technical tools for form creation, submission management, and secure data storage.

The App provides tools only—all data collected through forms is controlled by the Merchant.

3. Merchant Account & Eligibility

You must:

  • Have an active Shopify store
  • Use the App in compliance with Shopify’s Terms of Service
  • Provide accurate and updated account information

You are responsible for maintaining the security of your Shopify account and any API credentials associated with the App.

4. Fees & Billing

The App may offer Free, Professional, and Enterprise plans (or other plans as introduced). Fees are billed through Shopify’s billing system.

By subscribing, you authorize Shopify to charge you applicable fees.

No refunds are provided except as required by Shopify’s billing policies.

5. Data Ownership

All data submitted through forms created using the App (“Form Data”) is owned solely by the Merchant.

We do not claim ownership of Form Data and do not use Form Data for any purpose other than providing App functionality.

6. Sensitive Data Disclaimer & Merchant Responsibility

6.1 Merchant Responsibility for Data Collection

The App enables Merchants to create custom forms and collect information from their customers. Merchants are solely responsible for determining what information they collect and how it is used, stored, or disclosed.

Installing the App does not make us a data controller, data processor, business, or service provider with respect to your customers’ data.

6.2 Sensitive Data

Merchants may choose to collect Sensitive Data, including but not limited to:

  • Personal identity information
  • Financial information
  • Health or medical information
  • Sensitive personal attributes
  • Information relating to minors
  • Any customer-uploaded documents containing sensitive information
  • Anything Classified as “Sensitive Personal Data” Under Privacy Laws

6.3 No Liability for Sensitive Data

We do not require, request, or encourage you to collect Sensitive Data.

If you choose to collect it:

  • You assume full responsibility and liability
  • We are not liable for any consequences, including exposure, breach, misuse, or regulatory violations
  • You remain solely responsible for complying with all applicable laws (GDPR, CCPA, HIPAA, privacy/security laws, etc.)

6.4 No Processing or Review by Us

We do not monitor, review, or process the data you collect—including Sensitive Data.

You control your data. We only provide the technical means to collect, store and act on it.

6.5 Merchant’s Legal Obligations

You agree to:

  • Obtain all required consents from customers
  • Provide all required disclosures or privacy notices
  • Implement reasonable security safeguards
  • Avoid collecting Sensitive Data unless legally permitted and necessary
  • Comply with all privacy, data-protection, and data-security laws

6.6 Indemnification

You agree to indemnify, defend, and hold harmless Silver Pine Intelligence LLC and its owners, employees, contractors, and affiliates from any claims, damages, losses, or liabilities arising from:

  • Your collection or misuse of Sensitive Data
  • Any breach or exposure of data collected through the App
  • Your failure to comply with applicable laws or regulations

7. Data Security

We implement industry-standard security practices to protect data stored through the App.

However, no system is perfectly secure, and we disclaim liability for breaches caused by Merchant actions, third parties, or events beyond our control.

Merchants are responsible for securing:

  • Storefronts
  • Shopify accounts
  • Admin access
  • Any integrations or custom code they add

8. App Limitations & Availability

We do not guarantee uninterrupted or error-free operation of the App.

We may modify, suspend, or discontinue features at any time, with or without notice.

9. Prohibited Uses

You agree not to:

  • Use the App for unlawful purposes
  • Collect data you have no legal right to collect
  • Attempt to bypass App security
  • Reverse engineer or clone the App
  • Use the App to store malware or harmful content

10. Termination

We may suspend or terminate your access to the App if you violate these Terms.

You may uninstall the App at any time through the Shopify Admin.

Upon uninstallation, your data may be deleted according to our data retention policy, except where legally required otherwise.

11. Limitation of Liability

To the fullest extent permitted by law:

  • We are not liable for lost profits, lost data, or indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid for the App in the last 3 months

This limitation applies even if we were advised of the possibility of damages.

12. Disclaimer of Warranties

The App is provided “as is” and “as available.”

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

Any disputes must be resolved in the courts located in San Diego County, California.

14. Changes to These Terms

We may update these Terms from time to time.

Your continued use of the App after changes constitutes acceptance of the updated Terms.

15. Contact Us

If you have any questions or concerns about this Terms of Service or our data practices, please contact us at:

Silver Pine Intelligence LLC

Contact: info@silverpineint.com