Terms of service
These terms are an agreement between FitmentKit ("we", "us") and the business that installs the FitmentKit app in its Shopify store ("you"). By installing or using FitmentKit, you agree to them. If you're accepting for a company, you confirm you can bind it.
1. The service
FitmentKit is a Shopify app that lets you record which vehicles your products fit, shows shoppers whether a product fits the car they choose, checks the cart and new orders against that car, and can tag, note and hold orders whose parts don't match. It is available to Shopify stores selling parts for US vehicles. You need an active Shopify store to use it, and Shopify's own terms continue to apply to your store.
2. Plans and billing
- FitmentKit has a Free plan and paid plans, listed on our pricing section and in the app. Every plan includes every feature; plans differ by how many products can have fitment, and the higher plans add priority support or a done-for-you data service.
- Paid plans start with a 14-day free trial. If you cancel or switch to Free before the trial ends, you aren't charged.
- Paid plans are recurring charges billed every 30 days in US dollars through Shopify. They appear on your Shopify bill, and you approve each subscription in Shopify before it starts. Shopify's terms govern payment, taxes and invoices.
- If you change plans, Shopify applies the new price from the change, under Shopify's billing rules.
- We may change prices or plan contents. We'll tell you at least 30 days before a price increase takes effect on your subscription, and you can cancel before then.
Fees already charged are not refundable, except where the law requires otherwise or we decide to make an exception.
3. Cancellation and uninstalling
- You can cancel a paid plan at any time by switching to the Free plan in the app, or by uninstalling FitmentKit. Shopify cancels the app's subscription when you uninstall.
- When you uninstall, FitmentKit stops working in your store at once. Your FitmentKit data is deleted after Shopify sends its shop deletion request, 48 hours after the uninstall, as described in our privacy policy. If you reinstall before then, your data is still there.
- Data FitmentKit wrote into your Shopify store (product metafields, order tags and notes) stays in your store until you remove it. Orders on hold stay on hold in Shopify until you release them there.
4. Fitment accuracy: you're responsible for your fitment
You are responsible for the fitment data in your store and for verifying that the parts you sell fit your customers' vehicles. FitmentKit is a tool that stores, displays and checks the fitment you approve. It does not know your parts better than you or your suppliers do.
- Fit results are only as good as the fitment rules you import, enter or approve, and the vehicle data they refer to.
- Our vehicle data is built from public sources (such as NHTSA's vehicle database) and curated data. It can be incomplete or wrong, and a VIN may decode to more than one possible vehicle or not at all.
- Shoppers can pick the wrong car, answer a question wrongly, or choose to keep a part the cart check flagged.
- Product descriptions, compatibility claims and returns policies in your store remain your responsibility.
5. Cart checks and order holds are an aid, not a guarantee
The cart check and order holds help catch mistakes. They do not guarantee that every wrong-part order is caught, and they don't replace your own checks before shipping. In particular:
- The cart check never blocks checkout when the check itself fails, and shoppers can choose to keep a flagged part.
- Order checks depend on Shopify delivering order webhooks to us and on our service being available. An outage or delay on either side can mean an order is checked late or not at all.
- Holds apply to fulfillment orders managed in Shopify. Orders handled by a third-party fulfillment app, or already fulfilled, can't be held; they still get the tag and note when possible.
- An order with no car on it, or parts with no fitment, can't be checked against a car.
- You decide whether to hold orders (a setting in the app) and when to release them.
6. Your data
- You own your store data and the fitment data you create, import or approve. You give us permission to process it only to provide, secure and improve FitmentKit for you, as described in the privacy policy.
- You're responsible for having the right to give us your product data and for your own privacy notices to your customers. FitmentKit stores a vehicle, VIN and option answers per order; your store's privacy policy should cover that.
- The shared vehicle reference data, our software and the FitmentKit name belong to us or our licensors. You may use them only through the service.
7. Acceptable use
Don't misuse FitmentKit. That includes trying to access other stores' data, probing or overloading the service, getting around plan limits or rate limits, reverse engineering it except where the law allows, reselling it, or using it for anything unlawful.
8. Availability and changes
We work to keep FitmentKit running but don't promise uninterrupted service. We may change, add or remove features. If we remove a major feature of a paid plan you're on, we'll tell you in advance. We may update these terms; we'll post the new version here with a new effective date and, for significant changes, tell installed merchants first. Continuing to use FitmentKit after a change takes effect means you accept it.
9. Disclaimer of warranties
FitmentKit is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't warrant that fit results, vehicle data or VIN decoding are accurate or complete.
10. Limitation of liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, including costs of returns, exchanges, shipping, labor or chargebacks caused by a part not fitting a vehicle.
- Our total liability for all claims relating to FitmentKit is limited to the amount you paid us for FitmentKit in the 12 months before the event giving rise to the claim. If you used only the Free plan, it is limited to US $100.
Some places don't allow some of these limits, so they apply only as far as the law permits.
11. Indemnity
You'll defend and indemnify us against third-party claims arising from your products, your fitment data, your store's sales, or your breach of these terms.
12. Suspension and termination
You can stop using FitmentKit at any time by uninstalling it. We may suspend or end your access if you breach these terms, if your use puts the service or other stores at risk, or if we stop offering FitmentKit; when we can, we'll give notice first. Sections 4, 5, 9, 10, 11 and 13 survive termination.
13. Governing law
These terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Utah, and both parties consent to their jurisdiction.
14. General
These terms and the privacy policy are the whole agreement between us about FitmentKit. If a part is unenforceable, the rest still applies. Not enforcing a term is not a waiver. You may not transfer these terms without our consent; we may transfer them with the business. Neither party is liable for delays caused by events beyond its reasonable control.
15. Contact
Questions about these terms: [email protected].