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.
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' 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.
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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.
You hereby grant ActiveCampaign a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use your name and any of your trade names, trademarks, logos and other proprietary marks or words pursuant to this Section.
Tinder grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Tinder and permitted by these Terms and applicable laws.
"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 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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