K1 PreOrder Manager — Terms and Conditions

Effective date: May 21, 2026

Contracting entity: K1 Apps LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA ("K1", "we", "us", "our").

Contact: support@k1apps.com

These Terms & Conditions (the "Terms") govern your access to and use of the K1 PreOrder Manager Shopify application and related services (the "App"). By installing or using the App, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1. Definitions

"Merchant", "you", "your" — the Shopify merchant account owner or its authorized representative who installs/uses the App.

"Shop" — the Shopify store associated with your Merchant account.

"End‑Customer" — an individual who purchases from the Shop.

"Rules" — pre‑order related configurations you set in the App.

"Order Metadata" — tags/flags/attributes the App creates or updates to identify pre‑orders.

"Documentation" — any guides, help docs, UI texts, and specifications we provide.

"DPA" — the Data Processing Addendum offered by K1 (see §11).

2. Relationship with Shopify

K1 is not part of Shopify. The App runs on, and interacts with, the Shopify platform and APIs. Your use of Shopify remains governed by your separate agreement with Shopify. We are not responsible for Shopify's platform, billing, data handling, outages, or changes to its APIs, policies, or features.

Platform changes. To the extent Shopify changes its platform, APIs, or policies in a way that materially impacts the App, K1 may modify, deprecate, or suspend affected features without liability. Where practicable, K1 will provide prior notice of such changes and, if feasible, reasonable guidance or alternatives.

3. Account, Eligibility & Authority

You must: (a) use the App for business purposes, (b) ensure the person installing the App is authorized, and (c) maintain accurate account information. You are responsible for actions taken under your Shop's credentials and for your staff's compliance with these Terms.

4. Access Rights & License

Subject to these Terms, K1 grants you a limited, revocable, non‑exclusive, non‑transferable license to access and use the App for your internal business purposes on your Shop. You shall not (and shall not permit others to): (i) sublicense, sell, or lease the App, (ii) reverse engineer or decompile the App except as allowed by applicable law, (iii) circumvent usage limits or technical restrictions, (iv) use the App to develop a competing product, or (v) access the App in a manner that violates Shopify's Acceptable Use Policies.

5. Merchant Responsibilities

You are solely responsible for: (a) configuring Rules and verifying they behave as intended, (b) compliance with all laws applicable to your Shop and End‑Customers (including consumer, e‑commerce, and disclosure obligations for pre‑orders, expected dates, refund/cancellation rights), (c) maintaining backups of theme/custom code and ensuring compatibility with your theme and other apps, and (d) safeguarding your Shopify admin credentials and tokens. You acknowledge that enabling pre‑orders may affect stock status, fulfillment timelines, payment capture, and customer communications in your Shop.

6. Plans, Fees, Trials & Taxes

Fees for the App (including any free trial) are presented in the Shopify App Store listing and charged through the Shopify Billing API. By installing the App you authorize Shopify to bill you on our behalf. Fees are exclusive of taxes; you are responsible for all applicable taxes, duties, and withholdings.

Upgrades/Downgrades/Cancellation. You may change plan or uninstall the App at any time. Uninstalling stops future billing cycles. Unless expressly stated by Shopify Billing, fees are non‑refundable (including partial periods). If local law requires a refund, we will comply.

Fee changes. We may change fees by updating the pricing in the Shopify App Store. For existing subscribers, material price increases will be communicated via email or in‑app notice at least 30 days in advance.

7. Changes to the App

We may modify, add, or remove features, or provide Beta/Preview features.

Feature deprecation / "sunset". We will use commercially reasonable efforts not to remove a core paid feature during an active billing period. If deprecation is required (for example, due to Shopify platform or policy changes, security, or legal requirements), we will provide at least 30 days' notice where practicable and, where feasible, a reasonable alternative or proration. Beta/Preview features are provided "as is" and may change or end without notice.

8. Data Protection & Privacy

8.1 Roles

For merchant/admin data (your account, subscription, settings, diagnostics) we act as an independent controller. For Shop customer data we process as your processor, only under your documented instructions (i.e., your configuration of the App). We do not repurpose customer data.

8.2 DPA & Privacy Policy

Our Privacy Policy (as updated from time to time) explains what we collect and why. A controller‑processor DPA with SCCs/UK Addendum is available at K1 PreOrder Manager DPA and is incorporated by reference when we process customer data on your behalf. Our current sub‑processors are listed in the Privacy Policy appendix.

8.3 International Transfers

We use appropriate transfer mechanisms (e.g., EU 2021 SCCs Modules 2/3, UK Addendum/IDTA; where applicable EU‑US DPF/UK‑US extension for certified vendors). Details are in the Privacy Policy.

9. App Behavior & Implementation Details

The App may read Shopify product/variant and inventory context, and write Order Metadata (e.g., pre‑order tags/flags) according to your Rules. The App does not control your checkout, payment gateways, or fulfillment; you remain responsible for customer communications (e.g., estimated availability dates) and for compliance with local consumer law.

10. Third‑Party Services

The App may integrate with third‑party services (e.g., analytics, session insights, telemetry, support chat). Your use of those services may be subject to their terms. We do not control third‑party services and are not responsible for their acts or omissions. Current third‑party processors are listed in the Privacy Policy appendix.

11. Support

We provide reasonable technical support via in‑app chat or email (support@k1apps.com) during business hours (Monday–Friday). We may request temporary limited access or diagnostic information to troubleshoot. Support scope excludes custom development, theme customization, or issues caused by third‑party themes/apps or code changes.

12. Service Levels; Maintenance

The App is provided on a commercially reasonable‑efforts basis. We schedule routine maintenance windows and may perform emergency maintenance without notice. We do not guarantee uninterrupted or error‑free operation, but we aim to maintain high availability and prompt incident response.

Incident communication. We maintain service‑wide incident communications (e.g., status page and/or in‑app banner) and may notify you by email for material incidents. We target timely updates during incidents and a brief post‑incident summary where appropriate.

13. Intellectual Property

K1 and its licensors retain all rights, title, and interest in and to the App and Documentation, including all related intellectual property rights. No rights are granted except as expressly set forth in these Terms. You may not remove proprietary notices or branding. You grant K1 a limited, non‑exclusive, worldwide license to display your Shop name and logo in an in‑app account selector and operational screens solely to identify your Shop.

14. Feedback

If you provide feedback or suggestions, you grant K1 a perpetual, irrevocable, worldwide, royalty‑free license to use, modify, and incorporate the feedback without restriction.

15. Confidentiality

Each party may disclose non‑public information to the other. The receiving party will protect such information with at least the same care it uses for its own confidential information (and not less than reasonable care), and use it only to perform under these Terms. Exclusions apply to information that is public, independently developed, or properly received from a third party.

16. Compliance; Export; Anti‑Corruption; Sanctions

You represent and warrant that you (and your beneficial owners) are not subject to sanctions and will comply with applicable anti‑corruption, anti‑money‑laundering, and export control laws. You shall not use the App in jurisdictions or for purposes prohibited by law.

17. Warranties & Disclaimers

THE APP, DOCUMENTATION, AND ANY BETA/EXPERIMENTAL FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. K1 DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR‑FREE, OR MEET YOUR REQUIREMENTS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) K1 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) K1'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE APP DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. Nothing in these Terms excludes liability that cannot be excluded by law.

19. Indemnification

You will defend, indemnify, and hold harmless K1 and its officers, directors, and employees from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Shop's products, content, or practices; (b) your use of the App in violation of these Terms, law, or a third party's rights; or (c) your misconfiguration of Rules or failure to communicate pre‑order conditions to End‑Customers.

20. Term; Suspension; Termination

These Terms start when you install the App and continue until terminated. You may terminate by uninstalling the App. We may suspend or terminate access immediately if you violate these Terms, create security risks, use the App unlawfully, or fail to pay fees. Upon termination, your license ends and we may delete or anonymize data per our Privacy Policy and retention schedule. Sections intended to survive (including §§ 8, 13–19, 21–27) will survive termination.

21. Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control (including natural disasters, war, labor disputes, internet or utility failures, platform outages, laws, or government actions).

22. Governing Law; Venue; Language

These Terms are governed by the laws of the State of Wyoming, USA, excluding conflict‑of‑law rules. The state and federal courts located in Sheridan County, Wyoming shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, except where prohibited by applicable law. The English language version of these Terms controls.

23. Notices

We may provide notices via email to your Shopify account email, in‑app messages, or banners. Legal notices to K1 must be sent to support@k1apps.com and by mail to the address specified above. Notices are deemed given when received (or, for in‑app banners, when posted within the App).

24. Changes to these Terms

We may modify these Terms to reflect changes in law, platform requirements, or our services. If we make material changes, we will notify you via email or in‑app notice at least 14 days in advance. Continued use after the effective date constitutes acceptance.

25. Entire Agreement; Precedence; Assignment

These Terms (together with the Privacy Policy, App Store listing, and any order form in the Shopify Billing flow) constitute the entire agreement between you and K1 regarding the App and supersede prior agreements on the same subject. In case of conflict, an expressly agreed order form (if any) prevails over these Terms, which prevail over Documentation. You may not assign or transfer these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.

26. Publicity

Customer listing (opt‑out). We may identify you as a customer (name and logo) on our website and in App marketing materials unless you opt out by notifying us. This does not permit use of your trademarks beyond customary customer listings without your prior consent, and you may revoke permission at any time by notice.

27. Contact

For questions about these Terms, contact support@k1apps.com.

Exhibit A — Data Processing Addendum

When K1 processes customer personal data on your behalf, the DPA at K1 PreOrder Manager DPA applies (including the 2021 EU SCCs and the UK Addendum/IDTA, as applicable). The DPA forms part of these Terms by reference.