Terms of Service

PLEASE NOTE: The business names provided by the Business Name Generator (the “Business Names”) are examples provided “as is”. You may only use the Business Names suggested AT YOUR OWN RISK. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY BUSINESS NAME DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU. PLEASE SEE BELOW THE FULL TERMS FOR ALL OF OUR DISCLAIMERS.

Overview

The following terms (“Terms of Service”) describe the terms and conditions applicable to your access to and use of the Business Name Generator service, and any associated software or products (collectively referred to as the “Service”). This document is a legally binding agreement between you as the user of the Service or the business employing the user of the Service (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.

By using the Service, you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here: https://www.shopify.com/tools/business-name-generator/terms

Please note that we reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, our Acceptable Use Policy available at: https://www.shopify.com/legal/aup, and our Privacy Policy available at: https://www.shopify.com/legal/privacy before you may use the Service.

General conditions

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. The Service is available via the Site.
  3. Technical support is available via email only at https://help.shopify.com/en/questions#/login.
  4. You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by Shopify.
  5. You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here: https://www.shopify.com/tools/business-name-generator/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  6. You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to trademark laws), or the laws of Canada and the Province of Ontario.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Shopify.
  8. You agree not to work around, bypass, or circumvent any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service.
  9. You agree not to access the Service or monitor any material or information from the Service using any robot, spider, scraper, or other automated means.
  10. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You and Shopify irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

Your Materials

  1. We do not claim ownership of the keywords and other materials (the “Materials”) you provide to Shopify to use the Service; however, to the extent the Materials are covered by intellectual property rights, we do require a license to those Materials. You grant Shopify a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, transmit, modify, run, copy, store, reproduce, make available, display, translate, and create derivative works of any Materials provided by you in connection with the Service. We may use our rights under this license to operate, provide, and promote the Service and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. If you owned the Materials before providing them to Shopify then, despite uploading them to Shopify they remain yours, subject to the license granted to Shopify.
  2. The license lasts for as long as the Materials are protected by intellectual property rights.

Shopify Intellectual Property

  1. You agree that you may not use any trademarks, logos, or service marks of Shopify, whether registered or unregistered, including but not limited to the word mark SHOPIFY, the word mark SHOP, the word mark SHOP PAY, and the “S” and shopping bag design mark (“Shopify Trademarks”) unless you are authorized to do so by Shopify in writing. You agree not to use or adopt any marks that may be considered confusing with the Shopify Trademarks. You agree that any variations or misspellings of the Shopify Trademarks would be considered confusing with the Shopify Trademarks.
  2. You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Shopify or Shopify Trademarks or that use or include any terms that may be confusing with the Shopify Trademarks.

Privacy and User Data

You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Any personal information you provide to us in using the Service will be treated in accordance with the our Privacy Policy (available here: https://www.shopify.com/legal/privacy)

Accuracy, Completeness and Timeliness of Information

  1. The Business Name examples and business names ideas generated algorithmically by the Service based on keywords you enter are provided as examples only to help you choose a name for your business. As such, we are not responsible if any example name or other information available via the Service is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any use of or reliance on the Business Names or information made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.
  2. Occasionally there may be information available through the Service that contains typographical errors, inaccuracies or omissions.
  3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service has been modified or updated.

Accuracy of Information

  1. You agree to provide current, complete and accurate information in using the Services.
  2. We may contact you using the e-mail address you provide in order to provide you with the Service and provide you with information about the Services.
  3. Certain personal information, including your email address, may be required to use certain features of the Services.You agree to maintain accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet; or (l) to violate Shopify’s Acceptable Use Policy (available here: https://www.shopify.com/legal/aup). We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

  1. Without limiting the generality of Section 2 and Section 3 below, the use of any Business Name provided by the Service is AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL SHOPIFY BE LIABLE IN ANY WAY FOR ANY BUSINESS NAME PROVIDED, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THAT BUSINESS NAME OR ANY PART THEREOF. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Business Name, including, without limitation, the existence of any third party rights that may exist in such Name. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY BUSINESS NAME DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU.
  2. You expressly agree that your use of, or inability to use, the Service and Business Names provided is at your sole risk, and Shopify and its Affiliates’, officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Service. The Service is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service, including but not limited to the Business Names, will meet your expectations, or that any errors in the Service will be corrected. Some jurisdictions do not allow limitations on implied warranties, so this limitation may not apply to you.
  3. In no event shall Shopify, its Affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service, the Business Names or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Shopify, its Affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third-party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

  1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service or by ceasing to use the Business Names generated.
  2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and accordingly may deny you access to the Service or any part thereof.
  3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

Waiver and Entire Agreement

  1. The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Last updated on March 23, 2022