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
The license is transferable and sub-licensable, meaning Shopify can pass these rights to third parties, and it includes the right to create derivative works, which extends beyond simple hosting or display of merchant content.
Interpretive note: The excerpt contains an ellipsis between 'communicate to the public' and 'create derivative works', indicating additional licensed actions may be present in the full clause that are not captured in the provided text.
Merchants' materials may be hosted, used, modified, distributed, publicly performed, communicated to the public, and used to create derivative works by Shopify, and those rights may be transferred or sub-licensed to others.
How other platforms handle this
Mixpanel shall grant to Customer a worldwide, non-exclusive, non-transferable, non-sub-licensable license to use the Mixpanel Materials for Customer's internal business purposes during the Subscription Term.
We hereby grant you a limited, revocable, non-transferable, non-sublicensable license under the rights licensable by us to use the services and use Content from our services solely for your personal use...
We're happy for you to access our website and services...as long as you follow these terms of use and all of our other Terms of Service as they apply to you.
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"You hereby grant Shopify a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public...and create derivative works of your Materials.— Excerpt from Shopify's Shopify Terms of Service
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The license is transferable and sub-licensable, meaning Shopify can pass these rights to third parties, and it includes the right to create derivative works, which extends beyond simple hosting or display of merchant content.
Merchants' materials may be hosted, used, modified, distributed, publicly performed, communicated to the public, and used to create derivative works by Shopify, and those rights may be transferred or sub-licensed to others.
ConductAtlas has identified this type of provision across 256 platforms. See the full comparison.
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