Giftagram Shopify App — Terms of Service
Last updated: May 1, 2026
These Terms of Service ("Terms") govern your use of the Giftagram sales channel application ("App") available for Shopify. The App is operated by Giftagram Inc. ("Giftagram"), a company incorporated in the Province of Ontario, Canada, with offices at 487 Adelaide Street West #203, Toronto, ON M5V 1T4.
By installing or using the App, you ("Merchant") agree to be bound by these Terms. If you do not agree, do not install or use the App.
1. About the App
The Giftagram App integrates your Shopify store with the Giftagram marketplace — a gifting platform accessible via Giftagram's mobile application, web properties, and Shopify sales channel (collectively, "Properties"). Through the App, Giftagram lists selected products from your store on its Properties, enabling end customers to purchase them as gifts.
Upon installation, Giftagram will:
a. Make selected product listings from your store available on Giftagram's Properties, as determined by the Giftagram merchandising team.
b. Provide you with access to Giftagram's partner portal ("Partner Portal"), where you can manage orders and update product inventory.
c. Provide reasonable support for your use of the Partner Portal, including assistance with loading product information into Giftagram's systems.
2. Merchant Obligations
By using the App, you agree to:
a. Fulfill orders placed through Giftagram to the best of your ability, including packaging and shipping products in accordance with Giftagram's fulfillment standards.
b. Provide accurate and up-to-date product information (descriptions, images, pricing, inventory) as reasonably requested by Giftagram. You acknowledge that Giftagram may format product images for consistency across its platform.
c. Publish products to the Giftagram sales channel in your Shopify admin to make them available for sync and curation. Only products published to the sales channel will be considered for listing on Giftagram's Properties.
d. Maintain sufficient inventory to fulfill orders for products listed on Giftagram's Properties, and promptly update Giftagram of any changes to products, pricing, or availability.
e. Provide a direct contact (email and/or phone) for Giftagram to submit questions or concerns, and respond within one (1) business day.
f. Ship all orders within one to two (1–2) business days of receiving the order, unless otherwise communicated to Giftagram, and provide tracking information via the Partner Portal within twenty-four (24) hours of shipment.
g. Honour a fifteen (15) business day return window from the date of delivery, during which a customer may return an undamaged item in its original packaging. Vendor-related issues (manufacturer defects, incorrect items, damage from improper packaging) must be accepted without a restocking fee, and replacement costs are the Merchant's responsibility.
3. Order Processing and Merchant of Record
a. Giftagram acts as the merchant of record for all transactions involving products listed through the App. Payment is collected by Giftagram directly from end customers and is not processed through Shopify checkout or through the Merchant's payment system.
b. Orders placed via Giftagram are synchronized to your Shopify store for the purposes of tracking, analytics, and inventory management. Synchronized order data includes line items, pricing, and fulfillment status. You manage order fulfillment through the Partner Portal.
c. Giftagram bears the initial risk and cost of chargebacks and payment disputes initiated by end customers. Where a chargeback or dispute arises as a result of the Merchant's failure to fulfill, ship, or otherwise comply with these Terms (including without limitation, defective product, incorrect item shipped, or failure to ship within the agreed timeframe), the Merchant shall reimburse Giftagram for the chargeback amount and any associated processing fees within forty-five (45) days of written notice. The Merchant may dispute such determination in writing within fifteen (15) days of receiving notice, providing supporting evidence (e.g., proof of shipment, delivery confirmation). The parties shall attempt to resolve the dispute in good faith within the remainder of the forty-five (45) day period. If no dispute is raised within fifteen (15) days, the Merchant's obligation to reimburse is deemed accepted.
4. Data Usage and Privacy
a. In connection with the Shopify integration, Giftagram accesses the following categories of data from your Shopify store via the Shopify API: (a) store profile information (store name, email, address, owner name, plan, and currency); (b) product catalog data (product titles, descriptions, images, variant details, inventory quantities, and publishing status); and (c) order data (order status, fulfillment status, and tracking information) for orders created by Giftagram in your store. This data is accessed and used solely for the purposes of order fulfillment, Partner Portal functionality, and the performance of Giftagram's obligations under these Terms. Giftagram does not access your Shopify store's customer records directly. Customer records that appear in your Shopify store are created automatically by Shopify as part of order synchronization and contain only Giftagram-generated identifiers, not the purchaser's personal contact information.
b. When a gift order is placed through Giftagram for one of your products, Giftagram creates an order in your Shopify store containing: line items (product, variant, quantity, price), a customer record using a Giftagram-generated email address (not the actual purchaser's email), recipient shipping address, gift message, and order tags. The purchaser's personal contact information is not shared with your Shopify store.
c. Data accessed under these Terms is stored in Giftagram's systems, hosted on Amazon Web Services (AWS) infrastructure located in the United States (us-east-1). Personal data is retained in accordance with Giftagram's Data Retention Policy, available at https://www.giftagram.com/dropship-app-data-retention, which sets out retention periods by data category. Retention periods may be extended where required by applicable law or for the resolution of pending disputes.
d. Data Export. Store owners may request an export of data Giftagram holds in connection with the App by contacting partners@giftagram.com or through Shopify's customers/data_request workflow. Exports are delivered in structured JSON or CSV format and include, where applicable: store profile information, product catalog data, order records, shipping addresses, gift personalizations, order attributes, survey responses, and payment method metadata (card type and last 4 digits only). Exports are delivered to the store owner (acting as data controller) within thirty (30) days of a verified request. Internal security and operational records (fraud scores, device tokens, IP-based geolocation data, internal status logs) are excluded from exports.
e. Data Deletion Mechanics. In addition to the access-token revocation described below, Giftagram processes data deletion through Shopify's shop/redact webhook (received forty-eight (48) hours after App uninstallation) and customers/redact webhook (on store-owner request for a specific customer), in each case completing within thirty (30) days. Deletion is carried out as follows:
- Delete: store contact information, partner credentials, and third-party integration tokens (Stripe Connect, etc., revoked via the relevant provider before removal from Giftagram's systems);
- Anonymize: product catalog records, order recipient names, shipping addresses, contact information, personal messages, and other personally identifying content; data subject identifiers are replaced with non-reversible placeholders so that financial and operational records required under Giftagram's Data Retention Policy remain referentially intact;
-
Hide: affected products from the catalog so they cannot be purchased or displayed.
Customer account records are deleted only where the customer has no remaining orders with other partners; otherwise, account records are preserved for those other partner relationships and only the order-level data tied to the requesting store is anonymized.
f. Upon uninstallation of the App or termination of these Terms, Giftagram shall immediately: (a) revoke and delete your Shopify API access token; and (b) cease all access to your Shopify store data. Giftagram shall confirm deletion of the access token and cessation of data access within seven (7) days of uninstallation or termination. Historical order data is retained in accordance with Giftagram's Data Retention Policy, solely as reasonably necessary for returns, disputes, and legal compliance. You may request full deletion of your data by contacting Giftagram at partners@giftagram.com, subject to Giftagram's legal and regulatory retention obligations.
g. Each party shall comply with all applicable privacy and data protection legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and to the extent applicable, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Each party is independently responsible for its own compliance.
h. Cross-Border Data Transfers and Data Processing Roles. Where Giftagram processes personal data on your behalf (for example, end-customer order recipient information transmitted through the App), Giftagram acts as a data processor and you act as the data controller. Where Giftagram processes data relating to you as a Merchant (for example, your store profile and contact information), Giftagram acts as a data controller.
i. Personal data accessed under these Terms is stored on AWS infrastructure located in the United States (us-east-1). Where personal data of individuals located in the European Economic Area, the United Kingdom, or Switzerland is transferred to the United States, Giftagram relies on appropriate safeguards under applicable law, including (as applicable): the Standard Contractual Clauses (SCCs) approved by the European Commission, the UK International Data Transfer Addendum, and the Swiss Federal Data Protection and Information Commissioner (FDPIC) clauses.
j. Legal Bases for Processing under GDPR. Where the GDPR applies, Giftagram processes personal data on the following legal bases: (a) performance of a contract — to operate the App, fulfill orders, and provide associated services; (b) legitimate interests — to maintain and improve the App, prevent fraud, secure our systems, and protect against abuse, where those interests are not overridden by the rights of data subjects; and (c) compliance with legal obligations — to retain records and respond to lawful requests as required by applicable law.
k. Data Processing Agreement. A Data Processing Agreement (DPA) reflecting the above — including subject matter, duration, nature and purpose of processing, types of personal data, categories of data subjects, processor obligations, and the Standard Contractual Clauses (where applicable) — is available on request to partners@giftagram.com. Upon execution, the DPA forms part of these Terms.
l. In the event of a data breach affecting your store data or customer personal information, Giftagram shall notify you within seventy-two (72) hours of becoming aware of such breach.
m. Security. Giftagram applies industry-standard best practices to safeguard data accessed through the App. Additional details on Giftagram's security posture are available on request to security@giftagram.com.
n. Giftagram's general privacy policy is available at https://www.giftagram.com/dropship-app-privacy-policy and Giftagram's Data Retention Policy is available at https://www.giftagram.com/dropship-app-data-retention. For questions or requests regarding data accessed through the App, contact Giftagram at partners@giftagram.com.
5. Intellectual Property
a. You grant Giftagram a non-exclusive license to use the information and images you provide related to your products and services on Giftagram's Properties, for the purpose of marketing your products in a manner consistent with these Terms.
b. You represent and warrant that you have all right, title, and interest in the products and images provided to Giftagram.
c. You represent and warrant that the products and services you offer through Giftagram are not contrary to any applicable law. If Giftagram reasonably concludes that any product, service, or image is contrary to applicable law or Giftagram's policies, Giftagram may remove it from its Properties immediately
6. Limitation of Liability
Neither party's aggregate liability arising out of or related to these Terms, whether in contract, tort, or otherwise, shall exceed the total fees paid or payable by Giftagram to the Merchant in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall either party be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunity, regardless of whether such damages were foreseeable or whether either party was advised of the possibility thereof.
7. Indemnification
a. Subject to the limitation of liability above, each party shall indemnify, defend, and hold the other party and its officers, directors, partners, agents, employees, affiliates, and licensees harmless from and against any and all claims, damages, liabilities, judgments, costs, and expenses (including reasonable attorney's fees) arising out of any breach of its representations, warranties, or obligations under these Terms.
b. The Merchant shall additionally indemnify, defend, and hold Giftagram harmless from and against any third-party claims relating to the products or services provided (or not provided) by the Merchant, or any act or omission of the Merchant or its representatives. This obligation survives termination of these Terms
8. Term and Termination
a. These Terms are effective from the date you install the App and remain in effect for as long as the App is installed on your Shopify store.
b. Either party may terminate by providing thirty (30) days written notice to the other party. You may also terminate at any time by uninstalling the App from your Shopify store.
c. Either party may terminate immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure within ten (10) days of notice; (b) becomes insolvent or files for bankruptcy; or (c) engages in conduct that materially harms the other party's reputation.
d. Upon delivery of a termination notice, Giftagram may immediately cease listing new products and stop synchronizing new orders, while continuing to fulfill obligations for orders placed prior to termination.
e. Both parties will honour all purchases made prior to the effective date of termination.
f. Upon termination, Giftagram will handle your data in accordance with Section 4 above
9. General
a. Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each party consents to the exclusive jurisdiction of the courts of the Province of Ontario.
b. Force majeure. Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control.
c. Assignment. The Merchant may not assign these Terms or any rights or obligations hereunder without Giftagram's prior written consent. Any unauthorized assignment is null and void.
d. Entire agreement. These Terms, together with any applicable Merchant Partner Agreement (see Section 10), constitute the entire agreement between Giftagram and the Merchant with respect to the App, and supersede all prior agreements relating to the same subject matter.
e. Notices. All notices shall be in writing and delivered by email, pre-paid mail, or overnight courier to the addresses associated with each party's account, or to such other addresses as may be designated in writing.
10. Shopify Disclaimer
The App is developed and maintained by Giftagram, not by Shopify Inc. ("Shopify"). Giftagram is solely responsible for the App, its content, and any liability arising from your access to or use of the App. Shopify is not liable for any fault in the App, any loss or damage arising from the use of the App, or any failure by Giftagram to perform its obligations under these Terms.
11. Relationship to Merchant Partner Agreement
Your use of the App may also be subject to a separate Merchant Partner Agreement between you and Giftagram governing commercial terms such as pricing, margins, shipping arrangements, invoicing, and payment. In the event of a conflict between these Terms and a Merchant Partner Agreement, these Terms shall prevail with respect to data usage, privacy, order processing, and liability.