Merchants must follow Shopify's Acceptable Use Policy, which lists prohibited product categories and business types. Violating it can result in immediate account termination.
This analysis describes what Shopify's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision makes compliance with an external, modifiable policy a contractual obligation and establishes account termination as an enforcement mechanism. The incorporation by reference means users are bound by AUP terms even though they are maintained in a separate document that can be changed unilaterally.
The updated terms clarify the legal identity of the Shopify entity you contract with and establish which courts have exclusive jurisdiction to resolve disputes, depending on your store's billing address. Previously, the terms specified exclusive jurisdiction by region (Ontario for US/Canada, Singapore for Asia Pacific, Ireland for EMEA and other areas). The revised structure presents this information in a table format and adds explicit language stating that disputes can only be brought in the courts listed for your region, with those courts having exclusive jurisdiction. Shopify Inc. may act as a billing agent for other Shopify entities to collect fees and remit taxes in some jurisdictions. You can review the contracting party and forum table in Section 13 to confirm which entity and courts apply to your store based on your billing address.
View change record →Merchants selling in categories that later become restricted under the Acceptable Use Policy (which can be changed without the same notice requirements as the main terms) may face sudden account termination without a cure period, even if the products were permissible when the merchant first signed up.
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"You must read, agree with, and comply with the Shopify Acceptable Use Policy (the 'AUP') which is incorporated herein by reference and which can be found at the URL: https://www.shopify.com/legal/aup. We reserve the right to modify the Acceptable Use Policy at any time. Violations of the Acceptable Use Policy may result in immediate termination of your account.Excerpt from Shopify's Terms of Service
REGULATORY LANDSCAPE: The AUP incorporates by reference but is separately modifiable, which raises questions about whether merchants receive adequate notice of material changes to the rules governing their account eligibility.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision makes compliance with an external, modifiable policy a contractual obligation and establishes account termination as an enforcement mechanism. The incorporation by reference means users are bound by AUP terms even though they are maintained in a separate document that can be changed unilaterally.
Merchants selling in categories that later become restricted under the Acceptable Use Policy (which can be changed without the same notice requirements as the main terms) may face sudden account termination without a cure period, even if the products were permissible when the merchant first signed up.
ConductAtlas has identified this type of provision across 277 platforms. See the full comparison.
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