Merchants cannot use Shopify's marketing tools to send unwanted bulk messages or emails to people who haven't agreed to receive them, and cannot use the platform to harass anyone.
This clause protects consumers from receiving unwanted marketing emails or messages from Shopify merchants who use the platform's built-in communication tools, though enforcement depends on Shopify's internal monitoring rather than direct consumer complaint mechanisms.
How other platforms handle this
Terms of Service: [linked at https://www.salesforce.com/company/legal/sfdc-website-terms-of-service/]
You must be at least 13 years old to use the Services. Apple's Family Sharing feature allows a family organizer to share purchases, subscriptions, and Apple services with up to five family members. The family organizer is responsible for all purchases made by family members under the age of 18.
You must be at least 18 years old or the minimum age required to consent to use the Services in your location, whichever is higher.
This provision is operationally significant for merchants using Shopify Email or marketing automation, as what constitutes 'opt-in' is not defined in the AUP and may be applied more strictly than CAN-SPAM's opt-out standard.
(1) REGULATORY FRAMEWORK: This provision engages the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) which sets federal standards for commercial email including opt-out requirements; the TCPA (47 U.S.C. § 227) for text message and automated call marketing with prior express written consent requirements; GDPR Article 6 and Recital 47 for EU consumers requiring affirmative consent (opt-in) for direct marketing; CASL (Canada's Anti-Spam Legislation) for Canadian recipients requiring express or implied consent; and applicable state laws including California's anti-spam statute (Bus. & Prof. Code § 17529). FTC enforces CAN-SPAM; FCC enforces TCPA; EU supervisory authorities enforce GDPR. (2)
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