Terms of Service

Effective date: 15 July 2026 · Last updated: 15 July 2026

1. Agreement and Acceptance

1.1. These Terms of Service (“Terms”) are a binding agreement between https://splitmere.com (“SplitMere”, “we”, “us”, “our”) and the merchant that installs or uses the SplitMere application (“Merchant”, “you”, “your”). These Terms govern your use of the Service, including the SplitMere application and the website at https://splitmere.com.

1.2. By installing, accessing, or using SplitMere, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not install or use the Service and must uninstall it immediately.

1.3. You represent and warrant that: (a) you have the authority to bind the business on whose behalf you install or use the Service; (b) you are acquiring the Service in trade and for business purposes only, and not as a consumer; and (c) you are at least 18 years of age.

1.4. If you use the Service on behalf of a business, “you” and “Merchant” refer to that business.

2. Definitions

“SplitMere”, “splitmere.com”, and “www.splitmere.com” each mean the operator of the SplitMere application and the website at https://splitmere.com, and are referred to in these Terms as “we”, “us”, and “our”.

“Service” means the SplitMere application and the website at splitmere.com, including their software, features, documentation, and any related services provided by us through the Shopify platform or at splitmere.com.

“Shopify Platform” means the ecommerce platform, APIs, and related services operated by Shopify Inc. and its affiliates.

“Vendor” means any third party (including consignors and suppliers) with whom the Merchant has an arrangement to sell goods and to whom the Merchant may owe payment.

“Payout Records” means the calculations, balances, statements, reports, and other records generated by the Service relating to amounts attributable to Vendors.

“Merchant Data” means data relating to the Merchant's store that is processed by the Service, including product, order, refund, and vendor data obtained through the Shopify Platform, and data entered into the Service by the Merchant.

“Fees” means the subscription fees and any other charges payable by the Merchant for the Service.

3. The Service

3.1. SplitMere is a record-keeping and calculation tool. The Service calculates, records, and reports consignment and vendor payout amounts based on Merchant Data, and provides related features including statements, reconciliation, and reports.

3.2. The Service does not transmit, hold, or transfer funds. All payments between the Merchant and any Vendor are made by the Merchant outside the Service, using the Merchant's own payment methods and at the Merchant's sole discretion and risk.

3.3. We are not a party to any agreement between the Merchant and any Vendor. The Service does not create, modify, or discharge any obligation the Merchant owes to any Vendor. Nothing in the Service constitutes financial, accounting, tax, or legal advice.

3.4. Payout Records are provided for informational purposes only, to assist the Merchant in administering its own vendor arrangements.

3.5. We may modify, improve, or discontinue features of the Service from time to time. We will provide reasonable notice of any change that materially reduces the core functionality of the Service.

4. Account and Eligibility

4.1. Use of the Service requires a valid store on the Shopify Platform and acceptance of Shopify's applicable terms.

4.2. The Service is offered to businesses only. It is not offered to, and must not be used by, consumers.

4.3. You are responsible for all activity occurring under your Shopify store's access to the Service, including activity by your staff, contractors, and anyone else you permit to access your store.

4.4. You must provide accurate contact information and keep it current. Notices sent to the email address associated with your Shopify store or Service account are deemed received by you.

5. Merchant Responsibilities and Data Accuracy

5.1. You are solely responsible for verifying all payout amounts before making any payment to any Vendor. You must not rely on Payout Records as the sole basis for any payment without independent verification.

5.2. The accuracy of Payout Records depends entirely on the accuracy, completeness, and configuration of Merchant Data, including (without limitation) product and vendor assignments, commission and rate settings, cost fields, tags, refund and return handling, and the correct and timely synchronisation of data from the Shopify Platform.

5.3. You are solely responsible for: (a) the terms of your arrangements with Vendors; (b) making payments to Vendors; (c) your tax, accounting, reporting, and legal obligations, including any obligations relating to GST or other taxes on vendor arrangements; and (d) reviewing sync health, reconciliation outputs, and any warnings surfaced by the Service.

5.4. If you identify an error or suspected error in any Payout Record, you must notify us promptly at support@splitmere.com.

6. Fees and Billing

6.1. Fees are charged through the Shopify Billing API on the subscription plan you select, and are billed in accordance with Shopify's billing cycle for your store.

6.2. Fees are stated exclusive of any applicable taxes, which are your responsibility unless we are required to collect them.

6.3. Any free trial converts to a paid subscription at the end of the trial period unless you uninstall the Service before the trial ends.

6.4. We may change our Fees or plans by giving you at least 30 days' notice. Continued use of the Service after the change takes effect constitutes acceptance of the new Fees.

6.5. Except as expressly stated in these Terms (including clause 12.4) or as required by law, all Fees are non-refundable.

7. Intellectual Property

7.1. We own all right, title, and interest in and to the Service, including all software, designs, and documentation, and all intellectual property rights in them. These Terms do not transfer any ownership of the Service to you.

7.2. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own internal business purposes for the duration of your subscription, subject to these Terms.

7.3. You own your Merchant Data. You grant us a limited, non-exclusive licence to access, process, store, and display Merchant Data solely as necessary to provide, maintain, secure, and improve the Service and to comply with law.

7.4. You may provide feedback or suggestions about the Service. We may use such feedback without restriction or obligation to you.

8. Data and Privacy

8.1. Our collection and processing of personal data in connection with the Service is described in our Privacy Policy at https://splitmere.com/privacy, which forms part of these Terms.

8.2. In providing the Service, we process Merchant Data on your behalf, which may include personal data of your customers contained in order records. For that data: (a) you are the controller (or equivalent under applicable law) and we are the processor/service provider; (b) we process it only to provide the Service and as described in the Privacy Policy; (c) we apply appropriate technical and organisational security measures, including encryption in transit and at rest; and (d) we will assist you, to the extent reasonably practicable, with data subject requests that relate to data held in the Service.

8.3. We comply with the mandatory Shopify privacy webhooks. Upon receipt of a shop redaction request following uninstall, Merchant Data is deleted in accordance with the timelines described in the Privacy Policy, subject to any retention required by law.

8.4. You are responsible for ensuring that your own privacy policy and practices lawfully permit the processing of your customers' data by service providers such as us.

9. Acceptable Use

You must not, and must not permit anyone else to:

10. Third-Party Dependencies

10.1. The Service depends on the Shopify Platform, including its APIs, webhooks, and data. We do not control the Shopify Platform.

10.2. We are not liable for any unavailability, delay, error, or loss caused by or arising from: (a) the Shopify Platform, including outages, API changes, deprecations, rate limits, or data errors originating from Shopify; (b) your Shopify store configuration or third-party apps or themes; or (c) any other third-party service, network, or infrastructure outside our reasonable control.

10.3. If a change to the Shopify Platform materially affects the Service, we will use reasonable efforts to adapt the Service, but we do not guarantee continuity of any feature dependent on third-party functionality.

11. Disclaimers

11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

11.2. WITHOUT LIMITING CLAUSE 11.1, WE DO NOT WARRANT THAT: (A) THE SERVICE OR ANY PAYOUT RECORD WILL BE ACCURATE, COMPLETE, OR ERROR-FREE; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; OR (C) ANY DEFECT WILL BE CORRECTED.

11.3. PAYOUT RECORDS AND ALL OTHER OUTPUTS OF THE SERVICE ARE INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE FINANCIAL, ACCOUNTING, TAX, OR LEGAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL AMOUNTS BEFORE PAYING ANY VENDOR AND FOR YOUR OWN COMPLIANCE OBLIGATIONS.

12. Limitation of Liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM.

12.3. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD OR WILFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

12.4. EXCLUSIVE REMEDY FOR RECORD ERRORS. IF ANY PAYOUT RECORD OR OTHER OUTPUT OF THE SERVICE IS INACCURATE DUE TO A DEFECT IN THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR ENTIRE OBLIGATION, WILL BE, AT OUR ELECTION: (A) CORRECTION OF THE AFFECTED RECORDS; AND/OR (B) A REFUND OF THE FEES PAID FOR THE PERIOD AFFECTED BY THE DEFECT. FOR THE AVOIDANCE OF DOUBT, WE ARE NOT LIABLE FOR ANY AMOUNT PAID OR PAYABLE BY YOU TO ANY VENDOR.

12.5. The limitations in this clause 12 apply to the fullest extent permitted by law and survive termination of these Terms. Each limitation applies separately; if any is held unenforceable, the remainder continue to apply.

13. Consumer Guarantees Act

13.1. You acknowledge and agree that you are acquiring the Service in trade for the purposes of the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

13.2. The parties agree that: (a) the Consumer Guarantees Act 1993 does not apply to the supply of the Service; (b) sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply to these Terms or the Service to the extent they may lawfully be contracted out of; and (c) it is fair and reasonable that the parties are bound by this clause, having regard to the nature of the Service, its price, and the parties' respective circumstances and bargaining positions.

14. Indemnification

You will indemnify and hold harmless SplitMere and its officers, employees, and contractors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your arrangements with, or payments (or non-payments) to, any Vendor; (b) your Merchant Data or your customers' data, to the extent the claim arises from your acts or omissions; (c) your use of the Service in breach of these Terms; or (d) your violation of any law or the rights of any third party.

15. Term, Suspension, and Termination

15.1. These Terms apply from the date you install the Service and continue until terminated.

15.2. You may terminate at any time by uninstalling the Service from your Shopify store. Fees already charged are not refunded on termination except as required by law.

15.3. We may suspend or terminate your access to the Service immediately if: (a) Fees are unpaid when due; (b) you materially breach these Terms; (c) your use poses a security, legal, or operational risk to the Service or other merchants; or (d) we are required to do so by Shopify or by law. Where practicable, we will give notice and an opportunity to remedy before termination for breach.

15.4. On termination: (a) your licence to use the Service ends; (b) Merchant Data is retained and then deleted in accordance with clause 8.3 and the Privacy Policy; and (c) you are responsible for exporting any records you require before uninstalling, using the export features provided in the Service.

15.5. Clauses 5, 7, 8, 11, 12, 13, 14, 15.4–15.5, and 17 survive termination.

16. Changes to These Terms

16.1. We may update these Terms from time to time. The current version will always be available at https://splitmere.com/terms.

16.2. For material changes, we will give at least 14 days' notice by email or in-app notice before the change takes effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the updated Terms, your remedy is to uninstall the Service before the effective date.

17. General

17.1. Governing law and jurisdiction. These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

17.2. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and representations relating to it.

17.3. Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable (or, if that is not possible, severed), and the remaining provisions will continue in full force.

17.4. No waiver. A failure or delay in exercising any right is not a waiver of that right.

17.5. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a sale or restructuring of the business (including incorporation or transfer to a company), with notice to you.

17.6. Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control.

17.7. Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17.8. Notices. We may give notices via the Service, by email to your registered address, or through the Shopify Platform. You may give notice to us at support@splitmere.com.

https://splitmere.com · support@splitmere.com