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OUR DOCUMENTS

Merchant terms

DRAFT FOR LEGAL REVIEW

Not effective or agreed. Operator details and production arrangements must be completed and reviewed before merchant use.

Version: 2026-10-03 draft. Not effective, not accepted by merchants, and not a substitute for legal review. Parties: Teddy Cane, trading as Momentburst, [business/service address and legal form to be confirmed] and the business identified in the acceptance record. Contact: mehceh3690@gmail.com. Complete the governing-law, liability, notice and commercial provisions before commercial use.

Service and merchant setup

The app watches supported football fixtures and, subject to confirmation holds and limits, creates temporary Shopify discounts, a storefront banner, optional Klaviyo campaigns and a Shopify Flow event. The merchant selects teams, rules, eligible products, messaging and audiences, and is responsible for checking that promotions are suitable for its store and customers. No particular provider speed, customer response, inbox placement, sales increase or uninterrupted operation is promised by this draft.

Merchants must control the Shopify shop and any connected Klaviyo account, protect access credentials, provide accurate information and maintain the notices, permissions and marketing consent required for their activities. Do not use the app for promotions that are unlawful, misleading or outside the supported scope. The app requires the alcohol-product attestation and blocks detected alcohol products; these checks do not replace merchant review of the actual products and promotion rules.

Billing and plans

Shopify presents and manages subscription approval. Prices follow the merchant's Shopify billing currency: Starter $24, Pro $59 and Club $119 for USD; Starter £19, Pro £49 and Club £99 for GBP. These are separate price lists, not exchange-rate conversions; storefront currency does not select the price. Unsupported billing currencies are blocked before a subscription request. The final approval page governs the offered amount, currency, interval and any taxes. Current dev-store subscriptions are test charges only and cost £0. Production commercial terms, refunds, notice periods and treatment of price changes remain [to be agreed].

A shop is eligible for one 14-day trial. Changing plans does not restart it. A downgrade keeps the oldest selected teams and oldest eligible active rules within the new limits, pauses the rest and disables email where unavailable; the app identifies changes. Cancellation or inactive billing stops new moments while preserving settings. Existing promotions keep their original expiry. [Confirm cancellation effective time, credits/refunds and statutory rights for the actual launch arrangement.]

Founding Pro offer

Draft addition, 3 October 2026. Founding Pro is $35 per 30 days for USD billing (normally $59), or £29 per 30 days for GBP billing (normally £49), locked in for the uninterrupted subscription. Limited to the first 50 approved UK stores across both currencies.

The price lock applies only for the continuous lifetime of the approved store's Founding Pro subscription. It is not a one-time payment or a promise of service for the merchant's lifetime. Cancellation or uninstall ends eligibility permanently. A store that later reinstalls or subscribes again pays the normal price offered at that time, currently $59 USD or £49 GBP for Pro. Any new subscription requires Shopify approval. Applicable taxes are separate and shown by Shopify. Under the proposed Billing API implementation, “a month” means a recurring 30-day billing period.

Access requires the operator's approval of an eligible UK Shopify store and the merchant's approval of the subscription in Shopify. Sending the founding request form does not reserve a place, create a subscription or guarantee acceptance. The offer includes the normal Pro features and limits. Existing trial eligibility is unchanged.

Administration approved by Ted, still subject to legal review: the first 50 unique stores to activate an approved Founding Pro subscription consume the 50 places permanently; cancellation does not reopen a place. Pending approvals reserve capacity until their outcome is reconciled. The offer is attached to the approved Shopify store and is not transferable to another store. Switching away from Founding Pro ends the founding price; an unchanged subscription temporarily frozen by Shopify for non-payment may resume at its originally approved $35 USD or £29 GBP rate, but paid features remain suspended while frozen. UK eligibility requires operator review of the store's business establishment/billing country. The offer uses the store's Shopify billing currency, which is separate from storefront currency. Its amount and currency are fixed at invitation-request time and confirmed by Shopify approval; retries never silently reprice or convert it.

The price lock covers the subscription's base recurring price, not taxes, third-party charges, optional future add-ons or promises about the service's continued availability. Final terms must define a fair remedy if the operator withdraws the service; this draft does not create a right to replace an active founder's agreed rate with normal pricing. Legal review must confirm the presentation of “normally $59 / £49”, VAT, eligibility, reservation and lifetime wording before public advertising.

Promotions, messages and results

Provider corrections or outages can prevent or delay a moment. A reversal after a promotion has fired does not automatically withdraw the customer’s existing timed offer. A test moment creates a real short-lived dev-store discount and Flow event but does not send marketing email. Merchants remain responsible for advertised offers, stock, fulfilment and customer service.

Klaviyo handles campaign distribution, suppressions and unsubscribe mechanisms. Merchants must choose a lawful audience and sender and check their templates. Branded sending domains and appropriate authentication are recommended before customer use; delivery timing and inbox placement vary. Attribution and baseline comparisons are estimates and do not prove that a promotion caused a purchase.

Data, security and intellectual property

The published privacy notice and executed DPA will describe personal-data processing. Their draft versions do not establish agreement or production readiness. [Specify ownership of merchant content, a narrowly scoped service licence, operator IP, feedback rights and relevant third-party terms.] The operator will maintain [agreed security measures and support commitments], notify relevant incidents under the DPA and provide documented export/deletion procedures.

Suspension, termination and responsibility

[Define proportionate grounds and notice for suspension, emergency security action, termination rights and post-termination support.] Uninstall revokes Shopify API access and stops new app activity. Discounts expire at their existing end times; the app cannot promise immediate remote deletion after access is revoked. Data deletion follows the applicable instructions, legal duties and documented retention schedule.

[Counsel to draft enforceable warranties, limitations/exclusions, liability caps, indemnities if appropriate, and rights that cannot lawfully be excluded. Do not infer or insert a financial cap from the subscription price.] [Set governing law, jurisdiction, disputes, notices, assignment, severability and change-notification terms appropriate to the operator and intended merchants.]

Acceptance before launch

Publish final terms, privacy notice and DPA with effective versions. Implement an explicit merchant acceptance record identifying the merchant/shop, accepted versions, timestamp and authorised action. This repository contains no such completed acceptance and creates no contract by itself. Do not change Shopify’s merchant-agreement answer to Yes merely because these drafts exist.

MomentburstSales on cue.Not affiliated with any club, league or governing body.© 2026 Momentburst · Terms and DPA are drafts for legal review.
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