Terms of Service
Effective date: 2026-05-13
Last updated: 2026-05-13
These Terms of Service ("Terms") govern your use of the Prevey Shopify app ("Prevey," the "Service") provided by McDaniel Creative ("we," "us," "our"), available at prevey.app. By installing or using Prevey, you ("you," "Merchant") agree to these Terms.
Contact: contact@prevey.app.
1. The Service
Prevey is a Shopify app that helps merchants understand why shoppers abandon their carts. It does this by:
- Tracking anonymous cart events on the merchant's storefront via a theme app extension
- Displaying an exit-intent modal that captures an email or collects a survey response from leaving shoppers
- Sending a follow-up survey email to identified shoppers (paid tiers)
- Aggregating responses into a dashboard for the merchant
- (Paid tiers) Generating AI-powered summaries of free-text responses
Features available depend on the subscription tier you choose. We may add, remove, or modify features over time at our discretion, with reasonable notice for material changes.
2. Account and installation
You install Prevey by clicking "Install" on Shopify's app surface and granting the requested permissions. By doing so, you represent that:
- You are at least 18 years old (or the age of majority in your jurisdiction)
- You have the legal authority to bind the business that owns the Shopify store
- You will provide accurate information when configuring the Service
- You will keep your Shopify account secure and not share your admin credentials
You are responsible for the actions taken by anyone who accesses your Shopify admin and, through it, Prevey.
3. Subscription, pricing, and billing
Prevey offers a free tier and paid subscription tiers. The current tiers and prices are listed at prevey.app and on the Shopify App Store listing.
- Free tier: includes the in-modal survey only, with no email follow-up. Free to use, no expiration.
- Paid tiers (Starter, Growth, Scale): include progressively more features and higher abandonment-tracking caps. Pricing is monthly unless you choose an annual plan.
- Enterprise: custom pricing for very high-volume merchants. Contact us at contact@prevey.app.
Billing
All paid subscriptions are billed through the Shopify Billing API. Your charges appear on your regular Shopify invoice. We do not collect payment details directly.
By upgrading to a paid tier, you authorize Shopify to charge the recurring monthly or annual fee. You can cancel at any time from within the Prevey admin; cancellation takes effect at the end of the current billing period.
Tier caps
Each paid tier includes a monthly "abandonments tracked" cap. When you reach your cap:
- The Service continues to track abandonments
- Email follow-up surveys pause for the remainder of the billing period
- The in-modal survey continues to work
To remove the pause, upgrade to a higher tier or wait for the next billing cycle.
Free trial
Paid tiers may offer a 14-day free trial. If you do not cancel before the trial ends, you will be charged for the first billing period via Shopify Billing.
Refunds
Because Prevey is billed through Shopify, refunds follow Shopify's standard merchant-app refund policy. We may, at our discretion, grant additional refunds for service interruptions or other extraordinary circumstances.
4. Acceptable use
You agree not to use Prevey to:
- Send unsolicited marketing communications (the survey email is a permitted purpose because it is responsive to a specific shopper action — adding to cart and abandoning)
- Survey shoppers in ways that violate applicable consumer protection or marketing laws (e.g., GDPR, CAN-SPAM, TCPA, CASL)
- Misrepresent yourself, your store, or the purpose of the survey
- Collect data from minors when prohibited
- Send content that is illegal, harassing, defamatory, hateful, or that infringes third-party rights
- Attempt to reverse-engineer, scrape, or interfere with Prevey's infrastructure
- Resell or sublicense the Service
We may suspend or terminate accounts that violate this section.
5. Merchant responsibilities
You are the data controller (or equivalent) for the personal data of shoppers visiting your store. As such, you agree to:
- Display a privacy notice on your storefront that discloses your use of Prevey, the data collected, and the purposes (or cover this within your existing privacy policy)
- Honor consent decisions made by shoppers on your storefront (e.g., cookie banner choices). You enable this by ensuring your consent management platform respects the optional consentMarketing flag that Prevey passes through
- Respond to shopper rights requests (access, deletion) you receive, either directly or by forwarding them to us via Shopify's standard GDPR webhooks
- Comply with applicable laws in the jurisdictions where you operate and where your shoppers reside
Where applicable laws require a written Data Processing Agreement between controller and processor, the terms in Section 8 of this document constitute that DPA.
6. Our responsibilities
We agree to:
- Provide the Service substantially as described in our marketing and in the App Store listing
- Apply commercially reasonable security measures (see Section 10 of our Privacy Policy for specifics)
- Process personal data only on your documented instructions (which include the configuration choices you make in the Prevey admin)
- Notify you within 72 hours of any confirmed breach of personal data we hold on your behalf
- Maintain a written information security program, a security incident response policy, and an audit log of sensitive operations
- Respond to GDPR / CCPA data subject requests forwarded to us via Shopify's standard customers/data_request and customers/redact webhooks
- Delete your data within 48 hours of receiving the standard Shopify shop/redact webhook (which fires automatically 48 hours after uninstall)
Service availability
We make commercially reasonable efforts to keep the Service available 24/7. We do not currently offer a written uptime SLA on any tier; this may change for Enterprise customers under separate written agreement. We may perform scheduled maintenance with reasonable advance notice via the Prevey admin or by email.
We are not liable for downtime caused by Shopify, Resend, Fly.io, or other sub-processors outside our control. See Section 10 for limitation of liability.
7. Intellectual property
We own all rights to the Prevey software, branding, design, and documentation. You receive a limited, non-exclusive, non-transferable license to use the Service while your subscription is active and you comply with these Terms.
You retain all rights to the data you provide and the data Prevey collects about your shoppers on your behalf. By using the Service, you grant us a limited license to that data solely for the purpose of providing the Service to you.
We may use anonymized, aggregated data (data with all personal identifiers removed) for product improvement, benchmarking, and marketing, but only in a form that cannot reasonably be re-identified to you or your shoppers.
8. Data Processing Addendum (DPA)
This Section 8 constitutes the Data Processing Addendum required under applicable data protection laws (including the EU GDPR, UK GDPR, Swiss FADP, and California CCPA) between you (controller) and us (processor) for personal data that we process about shoppers on your behalf.
Roles
- You are the controller of shopper personal data
- We are the processor acting solely on your instructions
Subject matter and duration
- Subject matter: providing the Prevey Service as described in Section 1
- Duration: for as long as you have the Service installed and for the retention periods described in our Privacy Policy
Nature and purpose of processing
To enable cart-abandonment surveys, recovery analytics, and AI-powered insights for the merchant.
Types of personal data processed
Anonymous session identifiers, hashed IP addresses, browser metadata, cart contents, shopper emails (where provided), shopper phone numbers (where provided), Shopify customer IDs (where the shopper is logged in), survey responses, and aggregated derivative data.
Categories of data subjects
Visitors to the merchant's Shopify storefront.
Our obligations as processor
We will:
- Process personal data only on documented instructions from you (these Terms plus your admin configuration constitute those instructions)
- Ensure that personnel with access to personal data are bound by confidentiality obligations
- Implement appropriate technical and organizational measures (see Privacy Policy Section 10 and our SECURITY.md)
- Use sub-processors only as listed in our Privacy Policy Section 5; we'll notify you of any new sub-processor before they begin processing
- Assist you in responding to data subject requests (via the standard Shopify GDPR webhooks)
- Notify you of any personal data breach within 72 hours of becoming aware
- Make available all information necessary to demonstrate compliance with this DPA, and submit to audits on reasonable advance written request (typically once per year, by you or your reasonable representative, at your expense)
- On termination of the Service, delete or return all personal data (we delete; see the shop/redact flow)
International transfers
Where data is transferred outside the EEA, UK, or Switzerland, we rely on the Standard Contractual Clauses (Module Two: controller to processor) which are incorporated by reference into this DPA.
9. Termination
You may uninstall the Service from your Shopify admin at any time. Your data will be deleted within 48 hours via Shopify's standard shop/redact webhook.
We may suspend or terminate your access to the Service if:
- You violate these Terms (including Section 4 Acceptable Use)
- You fail to pay subscription fees through Shopify Billing
- Shopify revokes our app's authorization or our App Store listing
- We discontinue the Service (we'll give 60 days' notice and a data-export option where possible)
On termination, all licenses granted to you cease immediately.
10. Warranty disclaimer and limitation of liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY BREACHES, OR THAT IT WILL MEET YOUR BUSINESS REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, LOST PROFITS, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability; in those jurisdictions, the above limitations apply to the maximum extent permitted by law.
11. Indemnification
You will defend, indemnify, and hold harmless McDaniel Creative and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service in violation of these Terms
- Your violation of any applicable law, including data protection or marketing laws
- Your violation of any third-party rights, including privacy rights of shoppers
- Content you configure (e.g., survey questions, modal copy) that is unlawful or infringing
We will defend, indemnify, and hold you harmless from third-party claims alleging that the Service, as provided by us and used by you in accordance with these Terms, infringes a U.S. intellectual property right. This is our sole obligation, and your sole remedy, for IP infringement claims.
12. Governing law and disputes
These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Utah, and each party consents to the personal jurisdiction of those courts and waives any objection to venue there.
You and we each waive any right to a jury trial.
To the extent permitted by applicable law, any claim must be brought within one year of the date the claim arose, or it is permanently barred.
13. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect the most recent change. Material changes will be announced via the Prevey admin and, where required, by email. Your continued use of the Service after a change indicates your acceptance of the updated Terms.
If a change materially reduces your rights, you may cancel your subscription before the change takes effect for a prorated refund of any prepaid fees.
14. Miscellaneous
Entire agreement. These Terms (together with our Privacy Policy) are the entire agreement between you and us regarding the Service and supersede all prior agreements.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
No waiver. Our failure to enforce a provision is not a waiver of that provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices. Notices to us must be sent to contact@prevey.app. Notices to you will be sent to the email associated with your Shopify account or shown in the Prevey admin.
Force majeure. Neither party is liable for delays or failures due to events beyond reasonable control (e.g., outages of Shopify, Resend, Fly.io, internet service providers, natural disasters).
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
15. Contact
McDaniel Creative
Email: contact@prevey.app
Website: prevey.app