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 updated terms specify which Shopify corporate entity you contract with and which courts have exclusive jurisdiction over disputes, based on your store's billing address. Previously, the terms designated contracting parties and courts by region but in separate sections; the revised structure consolidates this information in a single table and introduces Shopify Technology (USA) Inc. as a contracting party for US-based merchants. The practical effect is that merchants in different regions now have explicit clarity on their contracting counterparty and the specific court system that will handle disputes, though the geographic assignment of courts remains substantially similar to prior language.
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Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right... to enforce the Agreement against you as a third party beneficiary thereof.
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"Save for Shopify and its affiliates, you or anyone accessing Shopify Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service...Excerpt from Shopify's Terms of Service
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The clause states: “Save for Shopify and its affiliates, you or anyone accessing Shopify Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these …”
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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