Terms of Service
Last Updated: June 2026
These Terms of Service (“Terms”) govern your access to and use of the Festive Flakes Shopify application (“App”) operated by HailySoft (“Company”, “we”, “our”, or “us”).
By installing, accessing, or using the App, you agree to be bound by these Terms.
If you do not agree to these Terms, do not install or use the App.
1. Description of Service
Festive Flakes provides merchants with tools to display seasonal, festive, promotional, and event-based animations on Shopify storefronts.
Features may include:
- Holiday animations
- Seasonal effects
- Promotional event effects
- Storefront visual enhancements
- Animation customization settings
We reserve the right to modify, improve, or discontinue features at any time.
2. Eligibility
You must:
- Be at least 18 years old
- Have authority to act on behalf of the business using the App
- Maintain an active Shopify store
3. Account and Store Access
By installing the App, you authorize us to access certain Shopify store information necessary to provide the services.
You remain responsible for:
- Store content
- Store operations
- Compliance with applicable laws
- Security of your Shopify account
4. Subscription and Billing
If the App includes paid plans:
- Fees are charged through Shopify’s billing system.
- Charges are subject to Shopify’s billing policies.
- Subscription fees are non-refundable except where required by law.
- Uninstalling the App may stop future recurring charges but will not automatically refund previous payments.
5. Acceptable Use
You agree not to:
- Use the App in violation of any law or regulation.
- Attempt to gain unauthorized access to systems or data.
- Reverse engineer, copy, modify, or redistribute the App.
- Interfere with the operation of the App.
- Use the App to distribute harmful, malicious, or unlawful content.
6. Intellectual Property
All rights, title, and interest in the App, including software, branding, designs, and content, remain the property of HailySoft.
These Terms do not grant ownership rights to users.
7. Merchant Content
You retain ownership of any content, settings, or information submitted through the App.
You grant us a limited right to process such information solely for the purpose of providing services.
8. Availability of Service
We strive to provide reliable service but do not guarantee uninterrupted availability.
The App may be unavailable due to:
- Maintenance
- System upgrades
- Third-party service interruptions
- Technical issues beyond our control
9. Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Continuous availability
- Error-free operation
10. Limitation of Liability
To the maximum extent permitted by law, HailySoft shall not be liable for:
- Loss of profits
- Loss of revenue
- Loss of business opportunities
- Data loss
- Indirect, incidental, special, consequential, or punitive damages
Our total liability arising from use of the App shall not exceed the amount paid by you for the App during the preceding twelve (12) months.
11. Indemnification
You agree to indemnify and hold harmless HailySoft, its employees, partners, and affiliates from claims, liabilities, damages, costs, and expenses arising from:
- Your use of the App
- Violation of these Terms
- Violation of applicable laws
- Infringement of third-party rights
12. Termination
We may suspend or terminate access to the App if:
- These Terms are violated
- Fraudulent activity is detected
- Required by law
- Necessary to protect our systems or users
You may stop using the App at any time by uninstalling it from your Shopify store.
13. Privacy
Your use of the App is also governed by our Privacy Policy.
Please review the Privacy Policy for information about how we collect, use, and protect data.
14. Changes to Terms
We may update these Terms from time to time.
Updated versions will be posted on this page with a revised effective date.
Continued use of the App after changes become effective constitutes acceptance of the updated Terms.
15. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of India, without regard to conflict of law principles.
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Ahmedabad, Gujarat, India.
16. Contact Information
For questions regarding these Terms, please contact:
HailySoft
Email: support@hailysoft.com
Website: Festive Flakes Official Website