1. Acceptance of these terms
These Terms of Service ("Terms") govern your access to and use of HueMetrics ("HueMetrics," "we," "us," or "our"), a Shopify application that provides color analytics for product catalogs. By installing, accessing, or using HueMetrics, you ("you," "your," or "Merchant") agree to be bound by these Terms and our Privacy Policy and Data Processing Agreement, each of which is incorporated by reference. If you do not agree, do not install or use HueMetrics.
You represent that you have full legal authority to bind your Shopify store to these Terms, that you are at least 18 years old (or the age of majority in your jurisdiction), and that you will use HueMetrics in compliance with all applicable laws and Shopify's own Acceptable Use Policy.
2. Service description
HueMetrics analyzes product images and metadata in your Shopify store to extract color information, track color-based revenue attribution, and generate merchandising alerts and recommendations. The service is offered in two tiers (Free and Pro) and runs as an embedded Shopify application accessed through your Shopify admin.
3. Eligibility & account
HueMetrics is available exclusively to active Shopify merchants. Authentication is handled by Shopify; we do not maintain separate credentials. You are responsible for maintaining the security of your Shopify account and for all activity that occurs under it. We may suspend or terminate access for any account we reasonably believe is being used in violation of these Terms.
4. Acceptable use
You agree not to:
- Reverse engineer, decompile, or attempt to extract the source code of HueMetrics, except as permitted by applicable law.
- Scrape, copy, or replicate the HueMetrics service, dashboards, or aggregated benchmark outputs to build a competing product.
- Use HueMetrics outputs in violation of consumer protection, anti-discrimination, anti-competition, or advertising laws applicable in your jurisdiction.
- Interfere with, disrupt, or attempt to gain unauthorized access to HueMetrics infrastructure, the Shopify Admin API, or other merchants' data.
- Use HueMetrics in connection with illegal activity, including merchandise that violates Shopify's Acceptable Use Policy.
- Resell, sublicense, or otherwise commercially exploit HueMetrics access without our prior written consent.
Violation of this section is grounds for immediate suspension or termination, in addition to any other remedies we may have at law.
5. Pricing, billing & refunds
- Free plan: Full catalog sync, color audit, catalog color distribution, and basic trend tracking at no cost.
- Pro plan: $29.99 USD per month, billed monthly through Shopify's billing system.
- Currency & taxes: Prices are in U.S. dollars. Sales tax, VAT, or other transaction taxes (where applicable) are added by Shopify at checkout.
Billing. All charges are processed by Shopify; we do not directly handle payment information. Charges renew automatically each monthly period until you cancel.
Cancellation. You may cancel your Pro subscription at any time through your Shopify admin. Cancellation takes effect at the end of the current monthly billing period. You retain Pro features until the end of that period.
Refunds. Except where required by applicable consumer law in your jurisdiction, all charges are non-refundable, including for partial months following cancellation, downgrade, suspension, or termination. If you believe you were charged in error, contact support@huemetrics.app within 30 days of the charge and we will investigate and respond in good faith.
Price changes. We may change Pro pricing on at least 30 days' notice via email or in-app notice. Continued use of the Pro plan after the effective date constitutes acceptance of the new price.
6. Intellectual property
Your data. You retain all rights, title, and interest in your Shopify store data, including product catalog, order data, images, and trademarks. You grant HueMetrics a limited, worldwide, non-exclusive, royalty-free license to access, store, process, and display this data solely to provide the service to you.
Our service. HueMetrics retains all rights, title, and interest in the HueMetrics application, including its source code, algorithms, color taxonomy, classification logic, benchmark methodology, user interface, documentation, and trademarks. No rights are granted to you except as expressly stated in these Terms.
Aggregated & anonymized data. While HueMetrics is installed, we may compute aggregated, anonymized industry benchmarks from your store data as described in our Privacy Policy. You grant us a perpetual, irrevocable, royalty-free license to retain, use, reproduce, modify, and publish these aggregated, anonymized datasets for any lawful purpose, including improving the service and publishing industry research. Aggregated data never identifies your store, your customers, or your absolute revenue figures.
Feedback. If you submit suggestions, bug reports, or improvement ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without compensation or attribution.
7. Data & privacy
Our collection, use, retention, and deletion of personal data is described in our Privacy Policy. For merchants who are EU/EEA/UK data controllers and need a written processor agreement, our standard Data Processing Agreement applies and is incorporated into these Terms.
8. Third-party services
HueMetrics integrates with and depends on Shopify, and uses third-party sub-processors for specific functions (error monitoring, public-page analytics, transactional email). The current list is published in our Privacy Policy and Data Processing Agreement. We are not responsible for outages, errors, or policy changes by Shopify or these sub-processors.
9. Accuracy & no guarantees
Color analytics, classifications, benchmarks, alerts, and recommendations are provided as informational guidance derived from algorithmic analysis. HueMetrics does not guarantee specific revenue outcomes, inventory decisions, or marketing results. Alerts and recommendations must be evaluated alongside your own business judgment and applicable laws. We do not warrant that color classifications, benchmarks, or trend signals are complete, error-free, or suitable for any specific business decision.
10. Disclaimer of warranties
HueMetrics is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted operation, error-free operation, and any warranties arising from a course of dealing or trade usage.
We do not warrant that HueMetrics will meet your specific requirements, that the service will be uninterrupted or error-free, that defects will be corrected, or that the service or its servers are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitation of liability
To the maximum extent permitted by applicable law, in no event will HueMetrics, its operator, affiliates, contractors, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, lost goodwill, business interruption, or cost of substitute goods or services, arising out of or related to your use of, or inability to use, HueMetrics, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not HueMetrics has been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or related to HueMetrics or these Terms is limited to the total amount actually paid by you to HueMetrics in the twelve (12) months preceding the event giving rise to the claim. If you have not paid any fees to HueMetrics (for example, you used only the Free plan), our aggregate liability to you is zero (US $0), except to the extent that mandatory consumer protection law in your jurisdiction requires a minimum remedy.
These limitations apply regardless of the form of action and survive termination of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in such jurisdictions, our liability is limited to the smallest amount permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless HueMetrics, its operator, affiliates, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of HueMetrics in violation of these Terms or applicable law; (b) your misuse of HueMetrics outputs (including merchandising decisions made in reliance on them); (c) your violation of any third-party right, including intellectual property or privacy rights; and (d) any content or data you provide to HueMetrics, including product images and catalog data.
HueMetrics will defend, indemnify, and hold you harmless from and against any third-party claim alleging that the HueMetrics service (excluding your data, third-party services, and combinations made by you) infringes that third party's intellectual property rights, provided you (i) promptly notify us in writing, (ii) give us sole control of the defense and settlement, and (iii) reasonably cooperate. This indemnity is subject to the Limitation of Liability in Section 11.
13. Service availability
We strive for high availability but do not guarantee uninterrupted service. HueMetrics depends on the availability of Shopify's APIs, third-party sub-processors, hosting infrastructure, and the public internet. Scheduled and unscheduled maintenance may occur. We are not liable for any consequences of downtime, degradation, or data unavailability.
14. Term & termination
These Terms remain in effect while HueMetrics is installed on your store. You may terminate by uninstalling the app at any time. We may terminate or suspend your access for material breach of these Terms, non-payment, or where required by law or by Shopify.
Upon termination, your subscription is cancelled and your store-level data is deleted as described in our Privacy Policy and DPA (typically within 48 hours, with a final cascading deletion after the 48-hour grace period). Sections that by their nature should survive termination (including Sections 6, 10, 11, 12, 16, and 17) will survive.
15. Modifications
To the service. We may add, modify, or remove features of HueMetrics at any time without liability.
To these Terms. We may update these Terms from time to time. Material changes will be communicated by updating the "Last updated" date at the top of this page and, for substantive changes affecting paid plans, by email or in-app notice at least 14 days before the change takes effect. Continued use of HueMetrics after the effective date constitutes acceptance of the updated Terms.
16. Governing law & dispute resolution
Governing law. These Terms are governed by and construed in accordance with the laws of the Republic of Türkiye, including the Turkish Code of Obligations (Law No. 6098) and the Turkish Commercial Code (Law No. 6102), without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before filing any claim, you agree to attempt to resolve disputes informally by contacting support@huemetrics.app and giving us 30 days to respond.
Binding arbitration. If we cannot resolve a dispute informally, you and HueMetrics agree that any dispute, claim, or controversy arising out of or relating to these Terms or HueMetrics (each, a "Dispute") will be resolved by binding individual arbitration, seated in Istanbul, Türkiye, conducted in the English language by a single neutral arbitrator under the Rules of the Istanbul Arbitration Centre (ISTAC). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Exceptions. Either party may bring an individual action in small-claims court for Disputes within that court's jurisdiction, and either party may seek injunctive relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.
Class action waiver. You and HueMetrics agree that any Dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this waiver is found unenforceable, the entire arbitration provision will be null and void, but the rest of these Terms will remain in effect.
Time limit. Any claim arising out of or related to these Terms must be filed within one (1) year after the cause of action arises, or it is permanently barred.
17. General provisions
Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, cyberattack, pandemic, government action, internet outage, or failure of third-party services (including Shopify).
Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
Entire agreement. These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and HueMetrics regarding the service and supersede all prior agreements, representations, and understandings. No oral statement or course of dealing modifies these Terms.
No waiver. A failure to enforce any provision is not a waiver of our right to enforce it later.
Notices. We may provide notices to you via the email address associated with your Shopify account, in-app notice, or posting on this site. You must send notices to us at support@huemetrics.app.
18. Contact
Questions about these Terms? Contact us at support@huemetrics.app. For privacy matters, including data subject rights, contact privacy@huemetrics.app.