1. Who these terms are between
These terms are between JMW Digital MENA LLC, a company registered in the United Arab Emirates at SHAMS Media City, Al Messaned, Al Bataeh, Sharjah, United Arab Emirates, trading as Fabrik Analytics ("Fabrik", "we", "us"), and the business that signs up for or installs Fabrik Analytics ("you"). Our UK affiliate, JMW Digital Marketing Ltd, is the contact for UK data protection matters.
They apply to the Fabrik Analytics app at analytics.fabrik.ae, the Shopify app, the Klaviyo app and any related service (together, the "Service"). By creating an account, installing the app or using the Service you accept them for your business, and you confirm you may bind it. The Service is for businesses only; it is not offered to consumers.
2. Accounts and access
You are responsible for the people you invite and for what they do in your workspace. Keep sign-in details safe, use the roles in the app to give each person only the access they need, and tell us at once at support@fabrik.ae if you think an account has been misused. Staff of an agency can reach the brands linked to that agency; client users reach only their own brand or portfolio.
An agency that adds a client brand confirms it has that client's authority to connect its store and platforms, and is responsible to us for that client's use of the Service through the agency's workspace.
3. Plans, trials and billing
Plans. Plans, their features and prices are as shown on our pricing page when you subscribe. Prices exclude VAT and local taxes, which we add where the law requires.
Trials. Each workspace may have one free 14-day trial of a paid plan. When it ends, the workspace moves to the Free plan unless you subscribe. Nothing is deleted when a trial ends.
Billing and renewal. Paid plans are billed in advance, monthly or annually, through Stripe, and renew automatically at the end of each period until cancelled. Annual plans cost ten months. You authorise us to charge the payment method on file at each renewal. If a payment fails we will try again and tell you; if it stays unpaid we may move the workspace to the Free plan.
Changing and cancelling. You can change plan or cancel at any time from Billing in the app. A cancellation takes effect at the end of the period already paid, and the plan stays available until then.
Refunds. Fees are non-refundable, except where these terms say otherwise or where the law requires a refund.
Covered by an agency or a portfolio's plan. An agency's plan covers every client and portfolio the agency manages, and a portfolio's Enterprise plan covers every brand in the portfolio. If your brand joins an agency on Fabrik that covers your plan, or its portfolio's Enterprise plan covers it, you no longer need your own subscription. When that cover begins we cancel your own subscription and refund the unused part of your last payment, worked out by day.
Enterprise plans. An Enterprise plan is either bought at checkout, priced for your brands on the published rate card, or agreed with Fabrik directly as a custom deal, under its own order form or quote that names the brands, term and price. If an order form conflicts with these terms, the order form wins for that customer.
Agency plans. Agency plans include the clients and seats shown on the pricing page; extra clients and seats are charged on the published rate card. The free agency plan includes one client.
4. Acceptable use
You must not, and must not let anyone else:
- use the Service against the law, or against the terms of Shopify, Klaviyo, Meta, Google or any platform you connect;
- connect a store or account you are not authorised to connect;
- try to reach data that is not yours, probe or break the Service's security, or overload it;
- copy, resell or rebuild the Service, or scrape it, except through features we provide;
- upload anything unlawful, or anything that infringes someone else's rights.
We may suspend access, after telling you where we reasonably can, to stop a breach of this section or protect the Service or other customers.
5. Your data, and our Data Processing Agreement
You own your data. Everything you or your connected platforms bring into the Service stays yours. You give us the right to use it only to provide, secure and support the Service for you.
Personal data. For personal data of your customers and shoppers, you are the controller and we are your processor. Our Data Processing Agreement forms part of these terms and governs that processing; you accept it in the app when you turn on tracking. Our Privacy policy explains what we collect and where it is held.
Your responsibilities. You are responsible for having a lawful basis for the data you send us, including the consent your store's cookie banner collects before our pixel runs, and for telling your customers about us in your own privacy notice.
Aggregated figures. We may use figures that identify neither you nor any person, combined across customers, to run and improve the Service.
6. Connected platforms
You may connect third-party platforms you use, such as Shopify, Klaviyo, Meta, Google, Slack, Teamwork, Xero and Zoho Books, with your own sign-in for each. Your use of each platform remains subject to its own terms, and we are not responsible for a platform's availability or data. Our access is read-only unless a feature says otherwise (for example, writing product tags back to Shopify when you turn that on). You can disconnect a platform at any time from Settings, Integrations. Disconnecting revokes our access; the data we hold from that platform is then kept or deleted as our Privacy policy describes. Klaviyo data is deleted 30 days after Klaviyo is disconnected.
7. Our service
We will provide the Service with reasonable skill and care, keep it secure as our Security page describes, and tell you in advance of changes that take away a feature you pay for. Figures in the Service are derived from your connected platforms and are only as complete as the data they send; forecasts and findings are estimates, not advice, and decisions you take on them are yours.
8. Intellectual property
We own the Service, its software, design and documentation. We give you a non-exclusive, non-transferable right to use it for your business while your subscription lasts. If you send us feedback, we may use it without obligation.
9. Confidentiality
Each of us will keep the other's confidential information confidential, and use it only for these terms, except where it is already public, was known independently, or must be disclosed by law.
10. Liability
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow to be limited or excluded.
Subject to that, neither of us is liable to the other for any indirect or consequential loss, or for any loss of profits, whether direct or indirect.
Subject to the same, each party's total liability under or in connection with these terms, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
11. Ending
By you. You can cancel your subscription at any time (section 3), and close your workspace or uninstall the app at any time.
By us. We may end these terms on 30 days' notice, or at once if you materially break them and do not put it right within 14 days of being asked, or if you do not pay.
What happens to your data. When you uninstall the Shopify app, we stop collecting at once and delete your shoppers' personal data and order-level data when Shopify asks us to, 48 hours after the uninstall. Klaviyo data is deleted 30 days after disconnecting. You can ask us for an export before closing a workspace, and you can ask us at privacy@fabrik.ae to delete a closed workspace's data; we keep billing records for as long as tax and accounting law requires.
12. Changes to these terms
We may change these terms. We will give you at least 30 days' notice by email or in the app of a change that affects you materially; if you do not accept it, you may cancel before it applies and we will refund any amount paid for the time after it.
13. General
These terms, with the Data Processing Agreement and any order form, are the whole agreement between us about the Service. Neither of us may transfer it without the other's consent, except to a successor of the whole business. Neither of us is liable for delay caused by events beyond our reasonable control. If a part of these terms is found unenforceable, the rest stands. No one other than you and us has any right to enforce these terms.
14. Law and disputes
These terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
15. Contact
Questions to support@fabrik.ae. Legal notices to JMW Digital MENA LLC, SHAMS Media City, Al Messaned, Al Bataeh, Sharjah, United Arab Emirates, copied to support@fabrik.ae.