Terms of Service.

1. Agreement

Vunda is a product operated by Blue Sky PPC Ltd, a company registered in England and Wales (company number 13739023), registered office Suite GA, St George's House, Lever Street, Wolverhampton, WV2 1EZ (“Vunda”, “we”, “us”). By accessing or using Vunda (vunda.app), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the service.

2. What Vunda is

Vunda is a tool that turns your Shopify store into a native iOS and Android app that you design yourself and publish to the Apple App Store and Google Play. Vunda is an independent service and is not affiliated with, endorsed by, or sponsored by Shopify Inc., Apple Inc., or Google LLC.

3. Your account and your store

To use Vunda you need a Shopify store and a Vunda account. You are responsible for keeping your account credentials secure and for all activity under your account. You authorise Vunda to access your Shopify store data (such as products and collections) to build and run your app, and you confirm you have the right to grant that access.

4. Publishing to the App Store and Google Play

Apps built with Vunda are published to the Apple App Store and Google Play under your own Apple and Google developer accounts. You are responsible for maintaining those accounts and for complying with Apple's and Google's developer terms, program policies and app review guidelines, as well as Shopify's terms. App approval, timing, ranking and continued availability are decided by Apple and Google at their sole discretion. Vunda does not guarantee that any app will be approved, published, or kept available.

5. Access to your developer accounts

To build your app and upload it for you, we need access to the developer accounts described in section 4. With your authorisation you invite two identities that we control: a user in your Apple Developer account with the App Store Connect Admin role, and a Google service account granted release permissions in your Google Play Console. The exact addresses are shown to you in Vunda before you invite them.

We use that access only to configure code signing, build your app, and upload builds into your accounts. We do not submit your app for App Store or Google Play review, change your pricing or store listing, or release your app to users. Those remain your actions, in your own accounts.

We hold the credentials that result from that access, such as App Store Connect API keys and our Google service account key, encrypted at rest, and we restrict access to personnel who need it. If we become aware of a compromise of those credentials, or of unauthorised access to your developer accounts obtained through them, we will notify you without undue delay and take reasonable steps to revoke and replace the affected credentials. Nothing in these Terms makes us the operator of your developer accounts.

You may remove our access from your own accounts at any time, and you should do so when you stop using Vunda. Removing it will prevent us from building or uploading your app. You remain responsible for the security of your own developer accounts, including the account owner's credentials and anyone else you grant access to.

6. Fees

Building and previewing your app with Vunda is free. Publishing your app to the App Store and Google Play is a paid plan. We will make the pricing and billing terms clear before you are charged, paid plans are billed through Shopify App Pricing on your Shopify invoice, and any recurring plan will be cancellable in line with applicable auto-renewal and consumer-protection laws.

7. No guarantees

The service is provided to help you build and publish an app, but outcomes such as downloads, sales, app store approval, rankings and visibility depend on factors outside our control, including third-party platforms whose policies and behaviour may change at any time. Any examples, projections or results shown on the site are illustrative and do not guarantee future results.

8. Acceptable use

You agree not to, and not to permit any third party to:

• Use the service for any unlawful purpose or in breach of Shopify's, Apple's or Google's terms.
• Reverse engineer, decompile or attempt to derive the source code or underlying architecture of the service.
• Copy, scrape, mirror, or create derivative or competing products from the service's design, interface or content.
• Use automated systems to access the service except as expressly authorised.
• Remove, alter or obscure any proprietary notices, or interfere with the security or operation of the service.

We may suspend or terminate access for violations, and pursue available legal remedies.

9. Intellectual property

Vunda, including its software, branding and design, is owned by Vunda and its licensors. You retain ownership of your own content, including your store data, brand assets and the app you design. You grant Vunda the licence needed to host, process and display that content for the purpose of providing the service.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VUNDA AND ITS OWNERS, EMPLOYEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING FROM YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED POUNDS (£100).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

12. Your indemnity

You will indemnify and hold harmless Vunda and its owners, employees and affiliates against any claim, loss, liability, damages and reasonable costs arising from the content of your app or your store, your breach of these Terms or of Shopify's, Apple's or Google's terms, policies or guidelines, or your failure to maintain your developer accounts or to remove our access when required under section 5. We will tell you promptly about any claim covered by this section and will not settle it without your consent, which you will not unreasonably withhold.

13. Termination

You may stop using Vunda and disconnect your store at any time. We may suspend or terminate access to the service where you breach these Terms or where necessary to protect the service or other users. Sections that by their nature should survive termination (such as intellectual property, disclaimers and limitation of liability) will continue to apply.

14. Changes

We may modify these Terms from time to time. Material changes will be communicated via the email associated with your account or by notice on the site. Continued use of the service after changes take effect constitutes acceptance.

15. Governing law

These Terms are governed by the laws of England and Wales, and any disputes are subject to the exclusive jurisdiction of the courts of England and Wales. Nothing in these Terms excludes or limits any mandatory consumer-protection rights that apply in your jurisdiction; where there is a conflict, that local law prevails to the extent of the inconsistency.

16. Contact

For questions about these Terms, contact us at support@vunda.app.