1. The contract
These Terms of Service are between Built by James Ltd (company 11337649, registered in England and Wales, registered office One Eastwood Harry Weston Road, Binley Business Park, Coventry, England, CV3 2UB) and the business or organization that accepts them (Customer). Built by James Ltd operates Marlo and is referred to as Marlo, we or us.
By creating a workspace, starting a trial, purchasing a subscription or using the service, you accept these terms for Customer and confirm that you have authority to do so. Marlo is offered for business purposes only and is not a consumer service.
2. The service
Marlo connects to a Customer-authorized Shopify Partner organization and provides reporting, analysis, exports and team features based on the data made available through that connection. Marlo is not a replacement for Shopify merchant billing, accounting advice or a system of record.
Marlo supports one tracked Shopify app on the standard plan and multiple tracked apps on Marlo Pro. Features, limits and current prices are described on the pricing page and in checkout.
3. Accounts and teams
- Customer must provide accurate account and billing information and keep it current.
- Users must keep their sign-in methods secure and must not share individual accounts. Customer is responsible for invitations, roles and actions taken through its workspace.
- Owners and administrators can manage Partner connections, tracked apps, billing, members and API credentials. Customer must remove access promptly when a person no longer needs it.
- Customer must notify us promptly of suspected unauthorized access or credential exposure.
4. Shopify authority and data
Customer confirms that it is authorized to connect the relevant Shopify Partner organization, provide the requested Partner API credentials and instruct Marlo to retrieve and process the resulting data. Customer is responsible for the lawfulness, accuracy and permitted use of Customer Data.
Customer retains ownership of Customer Data. Customer grants us the limited rights needed to host, copy, transform, display and otherwise process Customer Data to provide, secure and support Marlo. We process personal data within Customer Data under the Data Processing Addendum.
5. Trial, fees and tax
A seven-day trial requires a card. Checkout displays the selected plan, billing interval, price, currency, applicable tax and first charge date. Unless cancelled before the displayed trial-end time, the subscription converts automatically and Stripe charges the monthly or annual fee shown at checkout.
Subscriptions renew automatically until cancelled. Published prices are in US dollars and exclude applicable taxes, which are calculated at checkout. Customer is responsible for taxes other than taxes on our net income. Stripe processes payment details and may retry failed payments.
6. Cancellation, plan changes and refunds
Owners and administrators can manage the subscription through the Stripe customer portal available from Marlo settings. Cancellation normally takes effect at the end of the trial or current paid billing period shown in the portal. Plan or interval changes may be prorated and invoiced immediately as shown before confirmation.
Charges are non-refundable except where the law requires or where our Cancellation and Refund Policy expressly applies. Customer should export any required reports before access ends.
7. Acceptable use
Customer and its users must not:
- use Marlo unlawfully, infringe another person's rights or process data without a valid legal basis and authority;
- probe, scan, bypass or interfere with security, authentication, rate limits, team boundaries or service operation;
- upload malware, abusive content or unnecessary special-category or criminal-offence data;
- reverse engineer Marlo except to the limited extent a restriction is prohibited by law, or use the service to build a competing product from non-public elements;
- resell, sublicense or provide the service to third parties outside Customer's team without our written agreement; or
- use automated access except through an interface or API credential that Marlo provides for that purpose.
8. Confidentiality
Each party must protect the other party's non-public information with reasonable care, use it only to perform or receive the service, and disclose it only to people who need it and are bound by confidentiality. This does not cover information that is public without breach, already lawfully known, independently developed or lawfully obtained from another source.
A party may disclose confidential information when legally required, after giving notice where lawful and reasonably practicable.
9. Intellectual property and feedback
We and our licensors retain all rights in Marlo, its software, design, documentation and service-generated materials other than Customer Data. Subject to payment and these terms, we grant Customer a limited, non-exclusive, non-transferable right for its authorized users to access Marlo during the subscription.
If Customer provides feedback, we may use it without restriction or payment, provided we do not identify Customer publicly without permission.
10. Third-party services
Marlo interoperates with services including Shopify, Clerk, Google and Stripe. Their own terms and privacy notices apply to the accounts and services they provide. We are not responsible for a third-party service, a change to its API or data that it makes unavailable, but we will use reasonable efforts to keep supported integrations operating.
Shopify is a trademark of Shopify Inc. Marlo is not affiliated with or endorsed by Shopify.
11. Availability and changes
We aim to provide a reliable service but do not promise uninterrupted or error-free operation. Maintenance, security work, internet failures and third-party incidents can affect availability. We may change Marlo to improve it, address risk or comply with law. We will not materially reduce paid core functionality during a current billing period without reasonable notice unless urgent security or legal action requires it.
12. Suspension and termination
We may suspend access where reasonably necessary to address a security threat, unlawful use, material breach or overdue payment. Where practicable, we will give notice and an opportunity to remedy the issue. Either party may terminate for an unremedied material breach after reasonable written notice, or immediately if the other becomes insolvent.
On termination, Customer's access ends and the treatment of Customer Data follows the DPA and Privacy Notice. Terms intended to survive—including payment, confidentiality, intellectual property, liability and general provisions—continue.
13. Warranties
Each party warrants that it has authority to enter into these terms. We will provide Marlo with reasonable skill and care. Customer's exclusive remedy for a proven breach of that commitment is re-performance where reasonably possible or a proportionate refund for the affected period.
To the extent permitted by law, Marlo is otherwise provided without implied warranties, including merchantability, fitness for a particular purpose or that reports will meet every accounting, tax or commercial requirement. Customer remains responsible for checking outputs before relying on them.
14. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited.
Subject to that sentence, neither party is liable for indirect or consequential loss. We are not liable for lost profit, revenue, goodwill, anticipated savings or business opportunity, or for loss caused by Customer's instructions, credentials, data or third-party services. Our total aggregate liability arising out of Marlo in any 12-month period is limited to the fees Customer paid or owed for Marlo in the 12 months before the event giving rise to the claim.
15. General
Neither party is liable for delay caused by events beyond its reasonable control. Customer may not assign these terms without our consent; we may assign them as part of a corporate reorganization or sale of the relevant business. If a provision is unenforceable, the rest remains effective. A failure to enforce a provision is not a waiver.
These terms, the DPA, Privacy Notice, Cancellation and Refund Policy and checkout confirmation form the entire agreement about Marlo and replace earlier statements on the same subject. If they conflict, the checkout confirmation controls price and billing interval, the DPA controls Customer Personal Data, and these terms control otherwise.
16. Law, notices and contact
English law governs these terms and the courts of England and Wales have exclusive jurisdiction, except where mandatory law requires otherwise. Formal notices may be sent to hello@builtbyjames.co.uk and our registered office. We may send notices to the account email or through the service.