ReviewMaster Terms of Service

These Terms of Service constitute a legally binding merchant agreement between Marka Modern Retail Private Limited, a company incorporated under the laws of India and operator of ReviewMaster (“ReviewMaster”, “Marka”, “we”, “us”, or “our”), and the person or entity that installs, accesses, subscribes to, or uses the ReviewMaster application (“Merchant”, “you”, or “your”).

Registered office: 1st Floor, Plot 558 P, Sector 27, Gurugram (Gurgaon), Haryana 122009, India
Legal/Support contact: tech@houseofmarka.com

By installing or using ReviewMaster, you confirm that you have read, understood, and agreed to these Terms, our Privacy Policy, and our Data Processing Agreement(“DPA”), each as amended from time to time.

If you are installing or using ReviewMaster on behalf of a company or other entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not install or use ReviewMaster.

1. Definitions

For these Terms:

• App or ReviewMaster means the ReviewMaster Shopify application and related services, APIs, dashboards, widgets, integrations, documentation and features made available by Marka.
• Merchant Content means reviews, questions and answers, product information, media, replies, imported content, configuration data and other materials submitted, uploaded, imported, transmitted or made available by or on behalf of a Merchant through the App.
• Customer means a customer, purchaser, reviewer, storefront visitor or other individual whose information is processed through the App in connection with a Merchant.
• Shopify means Shopify Inc. and its applicable affiliates.
• Third-Party Service means Shopify or any other third-party platform, network, service, API, hosting provider, email provider, review destination, search engine, marketplace or integration used in connection with the App.
• Applicable Law means any law, regulation, binding governmental requirement or court order applicable to a party, its processing activities or use of the App.

2. The ReviewMaster Service

ReviewMaster provides tools that may allow Merchants to:

• collect customer product reviews;
• request reviews from eligible customers;
• display reviews on a Shopify storefront;
• identify reviews associated with eligible Shopify orders;
• collect product questions and answers;
• accept customer-uploaded review photos or videos;
• moderate and respond to reviews;
• import reviews through supported and authorized import mechanisms;
• provide review-related analytics;
• create or facilitate eligible review incentives;
• syndicate or transmit reviews to supported third-party destinations;
• create review-related product data, metadata, feeds or structured data;
• use other functionality made available in the App from time to time.

Features available to a Merchant depend on the Merchant’s current plan, Shopify configuration, geographic availability, technical compatibility, third-party eligibility and other conditions.

We may add, modify, replace, limit or discontinue features where reasonably necessary for security, legal compliance, platform compliance, technical development or operation of the App.

3. Relationship with Shopify

ReviewMaster is developed, operated and supported by Marka Modern Retail Private Limited, independently from Shopify.

Marka, and not Shopify, is responsible for ReviewMaster, including its development, operation, maintenance, support, marketing and our handling of Merchant Data through the App.

To the maximum extent permitted by Applicable Law:

• Shopify is not responsible for any fault, error, interruption or defect in ReviewMaster;
• Shopify is not responsible for harm arising from the installation or use of ReviewMaster;
• except where Shopify expressly states otherwise, Shopify does not provide support for ReviewMaster;
• disputes concerning ReviewMaster are between the Merchant and Marka;
• Marka is responsible for liabilities arising from its development, operation and provision of ReviewMaster and its access to or storage of Merchant Data, subject to these Terms and Applicable Law.

Shopify may modify, suspend or discontinue APIs, permissions, programs, services or features on which ReviewMaster depends. Such changes may affect the functionality or availability of the App.

Nothing in these Terms imposes an obligation on Shopify to continue providing any API, feature, integration or service.

4. Merchant Account and Authority

Access to ReviewMaster is associated with your Shopify store.

You are responsible for:

• ensuring that persons using your Shopify account are authorized;
• maintaining the security of your Shopify credentials and administrative access;
• activities carried out through authorized access to your store;
• maintaining accurate merchant and contact information;
• ensuring your use of the App complies with Applicable Law.

You must promptly notify us if you reasonably believe that unauthorized access to ReviewMaster has occurred.

5. Plans, Charges and Billing

Current subscription plans, included features, usage allowances, prices, trials and other commercial terms are displayed in the App, Shopify App Store listing, Shopify subscription approval interface or other applicable checkout interface at the time you subscribe.

Those current commercial terms form part of your subscription.

Unless expressly stated otherwise:

• prices are stated exclusive of applicable taxes;
• paid subscriptions are billed using Shopify’s authorized billing mechanisms;
• we do not receive or store your payment-card details;
• usage or feature limits may be technically enforced;
• usage allowances may reset according to the period stated in the App;
• unused allowances do not carry forward unless expressly stated.

You authorize Shopify to collect approved subscription and usage charges on our behalf in accordance with Shopify’s applicable billing terms.

You may upgrade, downgrade or cancel through the mechanisms made available by Shopify or ReviewMaster.

5.1 Trials

If a trial is offered, its duration and conditions will be displayed before activation.

Unless otherwise stated, a paid subscription may begin automatically after an applicable trial expires if you have approved the corresponding Shopify subscription and have not cancelled it beforehand.

5.2 Refunds

Fees are non-refundable except:

• where required by Applicable Law;
• where required under applicable Shopify billing rules; or
• where Marka expressly agrees otherwise.

Any approved adjustment, credit or refund will be processed through mechanisms available through Shopify where applicable.

6. Customer Review Requests

ReviewMaster may enable a Merchant to configure review invitations and follow-up reminders.

By activating such functionality, the Merchant specifically instructs and authorizes ReviewMaster to communicate with eligible Customers on the Merchant’s behalf and for the configured review-request purposes.

The Merchant represents and warrants that:

• it has the right and lawful basis to provide the relevant Customer information to ReviewMaster;
• any consent or other permission legally required to send the communication has been obtained;
• its privacy notice adequately discloses relevant processing;
• its use of invitations, reminders, incentives and promotional content complies with applicable electronic-marketing, anti-spam, consumer-protection and privacy laws.

The legal classification of review invitations, reminders and incentive-related communications varies by jurisdiction and may depend on the content of the message. ReviewMaster does not represent that any particular communication is universally “transactional,” “service” or exempt from marketing laws.

We may suppress, delay, refuse or discontinue communications where reasonably necessary to address:

• unsubscribe requests;
• spam complaints;
• permanent bounces;
• deliverability risk;
• legal or regulatory requirements;
• security or abuse;
• third-party platform requirements.

7. Review Integrity and Authenticity Rules

The Merchant must use ReviewMaster in a manner that accurately represents genuine customer opinion and reviewer experience.

You must not:

1. create, submit, purchase, commission or procure fake reviews;
2. knowingly publish reviews attributed to persons who did not provide them;
3. condition compensation, discounts or other benefits on a review being positive, negative or meeting a minimum rating;
4. represent an unverified review as a verified purchase;
5. alter a review in a way that materially changes the reviewer’s meaning;
6. selectively suppress legitimate reviews for the purpose of materially misrepresenting customer sentiment;
7. import content that you do not have a lawful right to reproduce;
8. import or republish reviews in a manner that misleadingly implies that a review relates to your store, seller identity or product where that is not true;
9. conceal a material incentive or relationship where disclosure is legally or contractually required;
10. manipulate aggregate ratings, helpful-vote counts, reviewer identities, dates or review provenance;
11. use employees, owners, agents, relatives or other persons with material relationships to create misleadingly independent reviews;
12. use AI, automation or other means to fabricate customer experiences or identities;
13. use ReviewMaster to engage in review gating or other deceptive review-selection practices prohibited by Applicable Law or relevant platform rules.

ReviewMaster may establish additional review-integrity procedures, technical controls, disclosure requirements or moderation requirements where reasonably necessary to comply with law or third-party platform policies.

8. Verified Purchase Status

A “Verified Purchase” designation may be shown only where ReviewMaster’s records support an association between the review and an eligible Shopify order or other verification method expressly supported by ReviewMaster.

Imported, manually entered or storefront-submitted reviews must not be represented as verified merely because an import file or Merchant says they are verified.

We may remove, modify or refuse a verification designation if we reasonably believe the underlying verification is incomplete, inaccurate, manipulated or no longer reliable.

The Merchant must not attempt to bypass or falsify ReviewMaster’s verification controls.

9. Review Incentives

Where ReviewMaster permits incentives, the following rules apply:

• an incentive must not depend, expressly or implicitly, on a positive or negative sentiment, a minimum rating or any particular opinion;
• where required, the existence of an incentive must be clearly and conspicuously disclosed;
• the Merchant remains responsible for determining whether an incentive is lawful in every jurisdiction and permitted on every destination platform where the resulting review will appear;
• ReviewMaster may mark incentivized content and may prevent the Merchant from removing a required disclosure;
• ReviewMaster may exclude incentivized reviews from platforms or syndication destinations whose policies prohibit or restrict them.

If a Merchant offers different incentives based on the format of user-generated content, including an eligible photo or video submission, the Merchant is solely responsible for confirming that such configuration complies with Applicable Law and third-party platform policies.

ReviewMaster may restrict or disable any incentive configuration that we reasonably believe creates legal, regulatory, platform-policy, fraud or consumer-protection risk.

10. Moderation

Unless functionality expressly provides otherwise, the Merchant controls whether Merchant Content is published on its storefront.

The Merchant is responsible for the Merchant’s moderation decisions.

However, ReviewMaster may, but is not obligated to, restrict, label, refuse, suspend, unpublish, quarantine or remove content where we reasonably believe that it:

• is fraudulent or manipulated;
• violates these Terms;
• infringes intellectual-property or privacy rights;
• is unlawful;
• creates security or technical risk;
• violates applicable third-party platform requirements;
• exposes ReviewMaster, Shopify or another person to material legal or reputational risk.

Our exercise of these rights does not make us responsible for reviewing or pre-approving all Merchant Content.

11. Merchant Representations and Warranties

The Merchant represents and warrants that:

1. it has authority to enter into these Terms;
2. its use of ReviewMaster will comply with Applicable Law;
3. it owns, controls or has obtained all rights, licences, permissions, consents and lawful bases necessary for Merchant Content and Customer information supplied to ReviewMaster;
4. ReviewMaster’s processing of Merchant Content according to the Merchant’s instructions will not knowingly infringe third-party rights;
5. Customer contact information supplied through Shopify or otherwise may lawfully be processed for the functions enabled by the Merchant;
6. it will not use ReviewMaster to mislead Customers about the authenticity, source, verification, independence or sentiment of reviews;
7. it will comply with applicable platform rules for Google, Shopify, Shop and other enabled destinations;
8. it will not use ReviewMaster for unlawful discrimination, harassment, fraud or deception.

12. Merchant Content

As between the Merchant and Marka, the Merchant retains whatever rights the Merchant lawfully holds in Merchant Content.

We do not represent that a Merchant automatically owns copyright or other rights in reviews, images, videos or materials created by Customers or third parties.

The Merchant grants Marka a worldwide, non-exclusive, royalty-free licence, for the duration reasonably required to provide the App, to: host; store; reproduce; format; process; cache; transmit; display; publish; syndicate; and back up Merchant Content solely as reasonably necessary to operate, secure, support and provide ReviewMaster and enabled integrations.

This licence includes the right to engage authorized subprocessors and enabled third-party destinations for those purposes.

13. Review Media

Where ReviewMaster uploads review photos or videos to the Merchant’s own Shopify Files account, such media may continue to exist in the Merchant’s Shopify environment after ReviewMaster is uninstalled.

The Merchant is responsible for deleting those files from Shopify where desired or legally required.

ReviewMaster may retain identifiers, URLs or metadata relating to such files only for as long as reasonably necessary to provide the App and in accordance with our Privacy Policy and DPA.

14. ReviewMaster Intellectual Property

Marka and its licensors own all rights, title and interest in and to ReviewMaster, including: software; source code and object code; databases and schemas; algorithms; APIs; interfaces; widgets; layouts; trademarks; branding; documentation; designs; systems; analytics methods; improvements; updates; and derivative works.

Except for the limited right to use the App during your subscription, no intellectual-property right is transferred to you.

You must not, except where Applicable Law expressly prevents restriction:

• reverse engineer or attempt to derive source code;
• copy substantial elements of the App;
• bypass access, security, billing or usage controls;
• scrape or systematically extract ReviewMaster proprietary data;
• sublicense, resell or redistribute the App;
• use ReviewMaster confidential information to create a competing copy;
• remove Marka proprietary notices.

Nothing in this section prevents a Merchant from independently developing or using competing products without unauthorized use of Marka’s confidential information or intellectual property.

15. Feedback

If you voluntarily provide suggestions, ideas or feedback concerning ReviewMaster, you grant Marka a perpetual, worldwide, irrevocable, transferable, sublicensable and royalty-free right to use that feedback without restriction or compensation, provided that we do not publicly identify you as its source without permission.

16. Privacy and Data Protection

Our handling of personal information is described in our Privacy Policy.

Where ReviewMaster processes Customer personal data on the Merchant’s behalf, the ReviewMaster Data Processing Agreement applies and forms part of these Terms.

If there is a conflict concerning processing of Customer personal data:

1. applicable mandatory data-protection law prevails;
2. applicable Standard Contractual Clauses or mandatory transfer mechanism prevails;
3. the DPA prevails;
4. these Terms apply thereafter.

17. Security

We use commercially reasonable technical and organizational measures designed to protect the App and data processed through it.

However, no online service, network, transmission or storage system can be guaranteed to be completely secure.

You are responsible for security within your own Shopify environment, devices, accounts, staff access and connected systems.

You must not perform penetration testing, vulnerability scanning or similar security testing against ReviewMaster without prior written authorization, except where a non-waivable law expressly permits it.

If you discover a potential vulnerability, contact us privately at tech@houseofmarka.com.

18. Acceptable Use

You must not:

• access another Merchant’s data without authorization;
• interfere with or overload ReviewMaster infrastructure;
• distribute malware or harmful code;
• bypass technical limitations;
• use automated methods that materially degrade the service;
• use ReviewMaster for fraud or unlawful activity;
• impersonate another person;
• use Merchant or Customer data obtained through ReviewMaster for an unauthorized purpose;
• violate third-party intellectual-property, privacy or publicity rights;
• attempt unauthorized access to systems or accounts.

19. Third-Party Services and Integrations

ReviewMaster depends on Third-Party Services that are outside Marka’s control.

We do not guarantee that:

• a third-party API will remain available;
• Google or another search engine will index or display review information;
• Google Merchant Center will accept a feed;
• Shopify or Shop will accept, display or syndicate any review;
• a particular review will improve search ranking;
• email will reach a Customer’s inbox;
• a third-party platform will continue operating a particular program;
• a Shopify theme or third-party theme will remain compatible after it changes.

Third parties may alter their APIs, policies, eligibility rules and features at any time.

ReviewMaster may modify or discontinue affected functionality in response.

20. Service Availability and Changes

The App is provided on an “as available” basis.

We may conduct maintenance and may temporarily limit service for security, maintenance, capacity, legal or technical reasons.

We may change features where reasonably required to:

• comply with law;
• comply with Shopify or third-party requirements;
• respond to security risks;
• improve performance;
• discontinue obsolete technology.

Where a material change significantly reduces the core functionality of a paid plan, we will use commercially reasonable efforts to provide notice where practical.

21. Suspension and Termination

You may terminate use of ReviewMaster by uninstalling the App and cancelling applicable subscriptions.

We may suspend, limit or terminate access immediately where we reasonably believe that:

• you materially breached these Terms;
• your use violates law;
• your use violates Shopify or third-party platform requirements;
• your use involves fake or manipulated reviews;
• your account creates a material fraud or security risk;
• your use threatens service stability or deliverability;
• payment required for the service is overdue or authorization has ended;
• we are required to do so by a governmental authority or third-party platform;
• continuing service would expose Marka, Shopify, Customers or third parties to material legal risk.

Where reasonable, we may provide notice and an opportunity to cure before termination, but we are not required to do so where immediate action is reasonably necessary.

Upon termination, data will be handled in accordance with the Privacy Policy, DPA, Shopify requirements and Applicable Law.

22. Export and Deletion

Where export functionality is available, the Merchant should export required data before uninstalling ReviewMaster.

Following uninstall:

• ReviewMaster’s authorization to access the store is revoked or disabled;
• applicable tokens and credentials will be deleted or rendered unusable;
• Merchant Data will be deleted in accordance with Shopify requirements, the Privacy Policy and DPA;
• residual encrypted backup copies, where any exist, will be placed beyond active use and automatically deleted or overwritten within no more than 35 days, unless Applicable Law requires longer retention.

Certain information may be retained where law requires it or where Marka acts as an independent controller for a lawful and limited purpose, such as legal records or suppression records.

23. Confidentiality

Each party may receive non-public confidential information belonging to the other.

Each receiving party will:

• use confidential information only for the contractual relationship;
• protect it using reasonable care;
• disclose it only to persons who need it and are subject to appropriate confidentiality obligations.

Confidential information does not include information that is lawfully public, independently developed, already lawfully known, or lawfully received from a third party without confidentiality restriction.

A party may disclose confidential information where legally required, subject to legally permitted notice to the other party.

24. Disclaimer of Warranties

To the maximum extent permitted by Applicable Law, ReviewMaster is provided “as is” and “as available.”

Marka disclaims all express, implied, statutory and other warranties, including warranties of: merchantability; fitness for a particular purpose; non-infringement; uninterrupted availability; error-free operation; compatibility; and commercial results.

We do not guarantee that ReviewMaster will increase revenue, conversion, search visibility, customer trust, rankings or sales.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

25. Limitation of Liability

To the maximum extent permitted by Applicable Law, neither Marka nor its directors, officers, employees, affiliates or service providers will be liable for: indirect damages; incidental damages; special damages; exemplary or punitive damages; consequential damages; loss of profits; loss of revenue; loss of business; loss of anticipated savings; loss of goodwill; reputational damage; loss of opportunity; business interruption; loss or corruption of data; or cost of substitute services, arising from or relating to the App, whether in contract, tort, negligence, statute or otherwise, even if advised of the possibility of such loss.

Except for liability that cannot lawfully be limited, Marka’s aggregate liability arising out of or relating to ReviewMaster or these Terms will not exceed the greater of:

1. the fees actually paid by the Merchant to Marka for ReviewMaster during the 12 months immediately preceding the event giving rise to the claim; or
2. US$100.

This section does not limit rights or liability to the extent a mandatory law or applicable Standard Contractual Clause prevents limitation.

26. Merchant Indemnity

To the maximum extent permitted by Applicable Law, the Merchant will defend, indemnify and hold harmless Marka, its affiliates, directors, officers, employees, contractors and service providers from third-party claims, demands, investigations, regulatory proceedings, damages, penalties, settlements, losses and reasonable legal costs arising from or relating to:

• Merchant Content;
• products or services sold by the Merchant;
• the Merchant’s breach of these Terms;
• the Merchant’s unlawful instructions;
• fake, manipulated, misleading or unlawfully incentivized reviews attributable to Merchant conduct;
• failure to obtain required rights, licences, consents or permissions;
• unlawful Customer communications configured or instructed by the Merchant;
• infringement of third-party intellectual-property, privacy or publicity rights by Merchant Content;
• the Merchant’s violation of Applicable Law or third-party platform policies.

The indemnity does not apply to the extent a claim is finally determined to have been directly caused by Marka’s material breach of these Terms, gross negligence, wilful misconduct or violation of Applicable Law.

Marka may control the defence of an indemnified claim with counsel of its choice. The Merchant must reasonably cooperate and may not settle a claim in a manner that imposes liability, admission or obligation on Marka without Marka’s prior written consent.

27. Force Majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including: internet or telecommunications failures; widespread cloud-provider outages; Shopify outages or API disruption; cyberattacks not caused by that party’s breach; natural disasters; fire; flood; war; terrorism; civil disorder; epidemic; governmental action; labour disruption; and interruption of utilities.

This section does not excuse payment obligations already accrued.

28. Governing Law

These Terms and any non-contractual dispute arising from them are governed by the laws of India, without regard to conflict-of-laws principles.

Mandatory rights that Applicable Law does not permit the parties to exclude remain unaffected.

29. Dispute Resolution and Arbitration

The parties will first attempt in good faith to resolve a dispute through written discussions for at least 30 days after notice of the dispute.

If unresolved, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended.

The arbitration will:

• be conducted by one arbitrator mutually appointed by the parties or appointed according to Applicable Law if the parties cannot agree;
• be conducted in English;
• have its seat and legal place at Gurugram, Haryana, India;
• permit virtual hearings where appropriate.

The award will be final and binding.

Nothing prevents Marka from seeking urgent interim, injunctive or protective relief from a competent court in relation to intellectual property, confidentiality, security, misuse of systems or preservation of evidence.

Subject to mandatory law, courts having jurisdiction over the agreed arbitral seat will have jurisdiction for permitted court proceedings.

30. Changes to these Terms

We may modify these Terms from time to time.

Where a modification materially affects installed Merchants’ rights or obligations, we will use commercially reasonable means to provide notice before or when the change takes effect.

Changes required by law, security or platform rules may take effect immediately where necessary.

Continued use of ReviewMaster after an updated version becomes effective constitutes acceptance to the extent permitted by law.

31. Assignment

You may not assign or transfer these Terms without our prior written consent.

Marka may assign or transfer these Terms, in whole or in part: to an affiliate; in connection with a merger, restructuring, acquisition or sale of assets; or to a successor to the ReviewMaster business.

32. Entire Agreement and Order of Precedence

These Terms, the Privacy Policy, the DPA and commercial terms approved through Shopify constitute the agreement governing ReviewMaster.

If there is a conflict:

• mandatory Applicable Law controls;
• mandatory international-transfer clauses control in relation to covered transfers;
• the DPA controls for processing Customer personal data;
• approved Shopify billing terms control in relation to Shopify billing;
• these Terms otherwise control.

33. Severability

If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective.

34. Waiver

Failure to enforce a provision is not a waiver of that provision or any other right.

35. No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, franchise or agency relationship between Marka and the Merchant.

ReviewMaster acts as a service provider to the Merchant except where expressly stated otherwise.

36. Survival

Provisions that by their nature should survive termination will survive, including provisions concerning: intellectual property; confidentiality; payment obligations; indemnities; limitations of liability; dispute resolution; governing law; and legally required data retention.

37. Contact

Questions regarding these Terms may be sent to:

Marka Modern Retail Private Limited
ReviewMaster
1st Floor, Plot 558 P, Sector 27, Gurugram (Gurgaon), Haryana 122009, India
Email: tech@houseofmarka.com