1Who we are
Starship Backup (“the Service”) is published and operated by:
- Company
- SAFETYCHECK, société par actions simplifiée (SAS)
- Share capital
- €5,000
- Registered office
- 26 avenue Alfred Van Pelt, 62300 Lens, France
- Registration
- RCS Arras 909 494 882 · SIRET 909 494 882 00014
- VAT number
- FR 79 909 494 882
- Président
- Ethan Neuman, also director of publication
- Contact
- support@starshipsecurity.co
“Starship”, “Starship Backup” and “Starship Security” are commercial names used by SAFETYCHECK. Whichever name appears on a screen, the contracting party is SAFETYCHECK (“we”, “us”).
2Acceptance
Installing the Service on a Shopify store, creating an account on the Starship portal, or otherwise using the Service means that the merchant (“you”) accepts these Terms, the Data Processing Agreement, which forms an integral part of them (clause 10), and the Privacy Policy. If you do not accept them, do not install or use the Service.
If you accept on behalf of a company, you warrant that you have authority to bind it.
3What the Service does
Starship Backup copies your Shopify store's data on a schedule, daily by default, stores those copies encrypted in the European Union, checks their integrity, and writes supported objects back to your store when you ask for a restore, item by item or in bulk. The Starship portal at platform.starshipsecurity.co lets the members of your organisation see the stores connected to it.
Orders are archived, never restored. They are kept as a record of what happened and are never written back to your store. The app shows which kinds of objects each backup contains and which can be restored; that display is the reference, not a list in these Terms, because it changes as the Service grows.
4Who may use it
The Service is offered to businesses only. It is not intended for consumers, and the provisions of the French Consumer Code that apply to consumer contracts do not apply.
You must hold a Shopify store in good standing and comply with Shopify's own terms. If Shopify suspends or closes your store, or your access to the Shopify APIs, the Service stops with it, through no fault of ours.
6Your obligations
You are responsible for:
- the accuracy and lawfulness of the data in your store, and for having a lawful basis for us to process it on your behalf;
- the information you give your own customers about that processing, and the consent and preference decisions recorded in your store;
- who you give access to the Service, and what they do with it, including who may start a restore;
- deciding whether and when to restore, and the consequences for your store.
You may not use the Service to store or restore data you have no right to hold, to get around Shopify's terms or API limits, or to reverse-engineer, resell or white-label the Service without our written agreement.
7What a backup does, and does not, promise
This clause exists because a backup product that overstates itself is worse than no backup at all.
A backup contains what Shopify returned. We copy your store through Shopify's APIs. Where Shopify refuses, limits or fails to return part of it, because of a permission scope that was not granted, an API limitation or a platform incident, that part is not in the backup. When that happens it is recorded against that backup and shown to you in the app.
A restore writes to your live store. It overwrites the objects it covers with the versions held in the backup. No copy of their current state is taken first, so a restore cannot be undone by the Service. Deciding that a restore is what you want is your responsibility.
Some things cannot be restored identically. Shopify assigns its own identifiers, and some data cannot be written back through its API. A restored object may differ from the original in ways the platform imposes.
An integrity check is not a security scan. We check that a backup is complete and unaltered. We do not scan its content for malware, and backups are not stored on immutable storage.
We do not guarantee uninterrupted or error-free operation. We aim for backups to run on schedule, but these Terms commit to no availability level.
8Fees
Fees, if any, are those shown to you and approved by you in your Shopify admin. They are billed by Shopify, under your agreement with Shopify.
9Term, suspension and termination
These Terms apply from the moment you install or use the Service until it is uninstalled or terminated. You may terminate at any time by uninstalling the app.
We may suspend or terminate your access, with notice where circumstances allow, if you breach these Terms, if your use threatens the security or integrity of the Service or of another merchant's data, or if the law or Shopify requires it.
Uninstalling stops scheduled backups. Your store's data is then deleted as described in clause 8 of the Data Processing Agreement and in the Privacy Policy, and sooner if you ask us.
Once your store's data is deleted it cannot be recovered, by you or by us. If you want a copy, ask support@starshipsecurity.co before uninstalling.
10Data protection
We process the personal data contained in your store as your processor, on the terms of the Data Processing Agreement. It is incorporated into these Terms by reference, and you accept it by accepting these Terms. Where the Data Processing Agreement conflicts with these Terms on the processing of personal data, the Data Processing Agreement prevails.
Our processing of your portal account data, as controller, is described in the Privacy Policy.
11Confidentiality
Each party shall keep the other's non-public information confidential and use it only to perform these Terms. This does not apply to information that is public through no breach, that the receiving party already held, or that must be disclosed by law.
12Intellectual property
The Service, its software, and everything in it other than your data remain ours. These Terms grant you a non-exclusive, non-transferable right to use the Service for your own business while they are in force, and nothing more.
Your data remains yours. We claim no ownership of it and use it only to provide the Service.
13Warranties
We warrant that we will provide the Service with reasonable skill and care, in accordance with these Terms and applicable law. Beyond that, and to the extent the law allows, the Service is provided as is, without further warranty.
14Liability
Neither party excludes or limits its liability for death or personal injury caused by negligence, for fraud, for faute lourde or faute dolosive, or for anything else the law does not allow to be excluded or limited.
Subject to that, our total liability arising out of or in connection with these Terms, whatever the cause of action, is limited in aggregate, per merchant, to the greater of:
- the fees you paid for the Service in the twelve months before the event giving rise to the claim; and
- one thousand euros (€1,000).
Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of goodwill.
15Indemnity
You will indemnify us against third-party claims arising from your use of the Service in breach of these Terms or of applicable law, or from data you instructed us to process that you had no right to process.
16Changes
We may change these Terms. Material changes will be notified at least 30 days before they take effect, by email to the contact address of your Shopify store and by publishing the new version on this page. Continuing to use the Service after that date means accepting them. If you do not accept them, uninstall the app before they take effect.
We may also change the Service itself. We will not materially degrade its core function, backing up your store and restoring what it supports, without notice.
17Force majeure
Neither party is liable for a failure caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code, including an outage or a change at Shopify or at a sub-processor listed in the Data Processing Agreement.
18Governing law and jurisdiction
These Terms are governed by French law. Any dispute arising out of or in connection with them falls under the exclusive jurisdiction of the Tribunal de commerce d'Arras, notwithstanding multiple defendants or third-party claims.
19Miscellaneous
If any provision is held invalid, the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to a successor to our business, on notice.
These Terms, the Data Processing Agreement and the Privacy Policy are the entire agreement between us on their subject matter.