Terms of Use

1. Agreement to these terms

These Terms of Use (the “Terms”) are a binding agreement between you and:

They govern your access to and use of Crust — the revenue-analytics and churn-intelligence service for Shopify app developers available at heycrust.com (the “Service”). By creating an account, connecting a Partner token, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a company, you represent that you have authority to bind that company to these Terms, and “you” refers to that company.

2. The Service

Crust reads data from your Shopify Partner organization to produce analytics — including recurring-revenue metrics, retention and cohort analysis, AI-classified uninstall reasons, and suggested win-back email drafts — and to help you capture and retain merchant contact information.

Crust is an intelligence layer, not a billing provider. It does not process payments, charge merchants, or replace Shopify's native App Pricing. Crust is an independent product and is not affiliated with, endorsed by, or sponsored by Shopify Inc. We may add, change, or discontinue features from time to time.

3. Eligibility and accounts

• You must be at least 18 years old and capable of forming a binding contract.
• You agree to provide accurate account information and to keep it up to date.
• You are responsible for safeguarding your password and API keys and for all activity under your account. Notify us promptly at hello@heycrust.com of any unauthorized use.
• You are responsible for the acts and omissions of anyone who uses the Service through your account.

4. Connecting your Shopify Partner account

To use most features, you provide a Shopify Partner API token. You represent and warrant that:

• You are authorized to access the relevant Partner organization and to grant Crust read-only access to its data;
• Your use of the Partner API through Crust complies with Shopify's Partner Program Agreement, API Terms, and applicable policies; and
• You will keep your token valid or revoke it as you see fit — you may revoke Crust's access in your Partner Dashboard at any time, which will stop future data collection.

We use the token only to read data needed to provide the Service, as described in our Privacy Policy.

5. Your data and merchant contact information

As between you and us, you own the data you connect or submit, including your metrics and any merchant contact information you send us through the identify API (“Customer Data”). You grant us a limited, worldwide, non-exclusive license to host, process, and use Customer Data solely to provide, secure, and improve the Service for you.

Where Customer Data includes personal information about your merchants or their staff, you are the controller and Crust is your processor. You represent and warrant that you have all necessary rights, consents, and lawful bases to collect that information and to provide it to us, and that our processing on your behalf will not violate any law or third-party rights. Our processing of such personal information is governed by our Privacy Policy and, where applicable, a Data Processing Addendum, which is available on request and incorporated into these Terms when executed.

6. Acceptable use

You agree not to, and not to permit anyone to:

• Use the Service in violation of any law, regulation, or third-party rights, including data-protection and anti-spam laws;
• Upload or submit data you do not have the right to share, or that infringes or misappropriates any rights;
• Reverse engineer, decompile, scrape, or attempt to derive source code from the Service, except as permitted by law;
• Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or related systems;
• Resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan; or
• Use the Service to send unlawful, deceptive, or unsolicited communications.

7. AI features and generated content

The Service uses artificial intelligence (including Google's Gemini) to classify uninstall reasons and to draft suggested win-back emails. You understand and agree that:

• AI output may be inaccurate, incomplete, or unsuitable, and is provided as a suggestion for your review, not as advice;
• No email is sent to any merchant unless you choose to send it. You are solely responsible for reviewing, editing, and deciding whether to send any draft;
• You are responsible for ensuring that any communications you send comply with applicable laws (for example, the CAN-SPAM Act, GDPR/ePrivacy, and CASL), including consent and unsubscribe requirements; and
• You will not rely on AI output as your sole basis for decisions that have legal or similarly significant effects on individuals.

8. Plans, fees, and payment

Current plans are described on our pricing page. In summary:

• Free — full analytics while your connected apps remain under $5,000 in combined monthly recurring revenue, as measured by Crust.
• Growth — $49 per month (or $490 per year) for apps above the Free threshold.
• Portfolio — $149 per month (or $1,490 per year) for agencies and multi-organization studios.

Free trial. Paid plans (Growth and Portfolio) begin with a 30-day free trial. A payment method is required to start the trial, and we will automatically charge the applicable fee when the trial ends unless you cancel beforehand. Our published prices only ever move downward; the price you see is a ceiling, not a floor.

Paid plans renew automatically for the same term unless cancelled before the renewal date. Fees are stated exclusive of taxes, which you are responsible for. Except where required by law or expressly stated, fees are non-refundable and there are no refunds or credits for partial periods. We may change fees on a going-forward basis with reasonable notice; changes do not apply to a term you have already paid for.

9. Intellectual property

The Service, including its software, design, and content (excluding Customer Data), is owned by NextGen Software LLC and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

10. Third-party services

The Service relies on and interoperates with third-party services, including Shopify, Google, Meta, Slack, and our hosting and email providers. Your use of those services is governed by their own terms and policies. We are not responsible for third-party services, and their availability or changes may affect the Service.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY METRIC, AI OUTPUT, OR OTHER RESULT WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR VERIFYING RESULTS BEFORE RELYING ON THEM.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NEXTGEN SOFTWARE LLC NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THAT PERIOD, OR (B) US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You will defend, indemnify, and hold harmless NextGen Software LLC and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Data or your collection and sharing of merchant information; (b) your use of the Service; (c) your violation of these Terms or any law; or (d) communications you send using drafts generated by the Service.

14. Term and termination

These Terms remain in effect while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users.

On termination, your right to use the Service ends. You may export your data (for example, via CSV) before closing your account. We will handle any remaining personal information as described in our Privacy Policy. Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.

15. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you by email or in-product. Changes take effect when posted (or on a later stated date). Your continued use of the Service after changes take effect means you accept the revised Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their personal jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. To the extent permitted by law, any claim must be brought on an individual basis and not as a class or representative action.

17. General

• Entire agreement. These Terms, the Privacy Policy, and any DPA or order form make up the entire agreement between you and us regarding the Service.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices. We may provide notices by email or in-product; you may reach us at hello@heycrust.com.

18. Contact us

Questions about these Terms? Contact: