Legal archive

Last updated: October 4, 2026

Earlier versions of our policies, kept so you can see exactly what applied before October 3, 2026. Today, our current policies apply to every client and all Bulk Hours.

Terms of Service (June 5, 2026)

In short: In effect from June 5, 2026 until October 3, 2026, when our current Terms of Service replaced it.

Arctic Grey, Ltd. (“Arctic Grey,” “we,” “us,” or “our”) is a private limited company registered in England and Wales that provides custom Shopify development, eCommerce solutions, consulting, Bulk Hours, project-based services, and related services (collectively, the “Services”). These Terms of Service (“Terms”), together with any signed Statement of Work, Proposal, Supplemental Agreement, order form, or other agreement (collectively, “SOW”), exclusively govern all Services and your use of our website and any related materials.

These Terms prevail over any conflicting or additional terms in any SOW, purchase order, or other document unless the SOW is signed by an authorised officer of Arctic Grey and expressly states that it overrides a specific provision of these Terms. These Terms are incorporated by reference into every SOW and apply to all users, clients, and their affiliates, subsidiaries, and representatives.

By signing an SOW, making any payment (including a deposit or Bulk Hours purchase), authorising us to commence work, or accessing any Deliverables, you (“Client,” “you,” or “your”) irrevocably agree to be bound by these Terms in full. This is a business-to-business agreement. You represent and warrant that you are entering into it solely in the course of your business (not as a consumer), have full authority to bind your entity, and have read and understood every provision.

01

Definitions

“Bulk Hours”Any prepaid block of hours purchased for on-demand Services, billed at a single blended, technology-inclusive rate and deducted as work is performed. See Section 7.
“Completed Store / Deliverables”The production-ready website, features, code, configurations, migrations, integrations, documentation, or other work product expressly defined in the applicable SOW.
“Arctic Grey IP”All pre-existing or generally applicable intellectual property, code libraries, tools, methodologies, templates, algorithms, know-how, frameworks, and materials owned or licensed by Arctic Grey (including any modifications or improvements made during the engagement).
“Client Content”Any materials, data, images, text, trademarks, logos, customer data, product information, or other content you or your agents provide to us.
“Go-Live”Deployment of any part of the Deliverables to a live/production environment (including staging that is publicly accessible or used for real transactions).
“Hypercare Period”The period (if any) expressly stated in the SOW immediately following Go-Live.
“Change Order”A written document signed by authorised representatives of both parties that modifies scope, timeline, fees, or other terms.
02

Company information

Registered Office: International House, 142 Cromwell Road, London, England, SW7 4EF.

Company Status: Active  |  Type: Private limited company.

03

Services & scope

All Services are strictly limited to the express scope, hours, fixed fee, timelines, and deliverables set out in the signed SOW. All timelines, hour estimates, and project plans are non-binding estimates only and may be adjusted based on your cooperation and any changes. We provide no other services, guarantees, or implied obligations. Any additional work, features, revisions, support, integrations, migrations, training, or changes (including those arising from platform updates, third-party changes, or your revised requirements) requires a signed Change Order and will be billed separately at our then-current rates. We have no obligation to perform work outside the signed SOW.

Scope is defined solely by what the SOW expressly lists. Where an SOW is priced on an hours, retainer, or Bulk Hours basis, you are purchasing our time and effort, not a fixed feature set or a guaranteed result, and a build is not “all-inclusive” unless the SOW is an expressly fixed-fee engagement that itemises every included feature. Anything not expressly listed is out of scope, including, without limitation: features, pages, templates, or integrations not named in the SOW; configuration of third-party apps, themes, ERP, or 3PL systems beyond the Shopify-side work we agree to perform; content, copywriting, photography, or creative assets; data entry or clean-up; SEO, marketing, analytics, or advertising; accessibility, legal, tax, or regulatory compliance; and training, documentation, knowledge transfer, maintenance, or support.

We have no obligation to perform work that exceeds the authorised scope or hours. If additional time is required (whether due to complexity, your requests or changes, incomplete or inaccurate information, or third-party factors), we will tell you, and the additional work requires a signed Change Order or available Bulk Hours. Any work we nonetheless perform beyond the authorised scope or hours is chargeable, and you authorise us to invoice it at our then-current rates. We may pause or decline work that would exceed the authorised amount.

04

Client responsibilities

You must at all times:

  • (a) Designate and maintain a single authorised point of contact with full decision-making authority who is available during business hours.
  • (b) Provide immediate and unrestricted access to all Shopify stores, hosting accounts, APIs, credentials, data sources, third-party accounts, ERP systems, and any other required resources.
  • (c) Deliver complete, accurate, clean, and usable Client Content, feedback, approvals, and decisions within 5 business days of our request (or the shorter period stated in the SOW). Any silence or non-response after this period constitutes deemed full approval and acceptance of the relevant item.
  • (d) Maintain your own complete, daily, off-site backups of your entire store, data, and systems.
  • (e) Ensure all Client Content is accurate, lawful, non-infringing, and that you own or hold all necessary rights and licences.
  • (f) Comply with all applicable laws and the terms of all third-party platforms and services.
  • (g) Not contact our staff or contractors directly without our prior written approval.
  • (h) Provide all information and cooperation necessary for us to perform the Services.

Any failure or delay by you (including incomplete or inaccurate data) automatically: (i) extends all timelines without any liability to us, (ii) constitutes a Client-caused delay, (iii) entitles us to immediately invoice and be paid for all waiting time, project management, and re-work at 150% of our standard hourly rates, and (iv) allows us to suspend or terminate Services without notice or further obligation. You are solely responsible for any losses, downtime, data issues, or third-party claims arising from your delays or failures.

05

Acceptance of deliverables – strict deemed acceptance

You have exactly 5 business days from our delivery of any milestone, Deliverable, or portion thereof to provide written notice of any material non-conformance, with detailed evidence. If no such notice is received, the item is irrevocably deemed finally accepted. Any Go-Live, deployment to production, use in a live environment, or payment of the next invoice also constitutes immediate and final acceptance. Once accepted, you may not reject, withhold payment, or demand free rework for any reason. All warranties and remedies are strictly limited as set out in Section 14.

06

Payment terms

6.1All prices are in USD and exclusive of VAT, sales tax, withholding taxes, or other applicable taxes or duties (which you must pay in addition and indemnify us against).6.2All deposits, milestone payments, Bulk Hours purchases, and prepaid amounts are non-refundable and non-transferable under any circumstances, including project cancellation, early termination, dissatisfaction, scope reduction, or switching to another provider.6.3For any SOW with instalment, monthly, or payment-plan terms: the full committed amount is a binding, non-cancellable obligation. You may not suspend, reduce, or stop payments for any reason. Early termination or breach by you immediately accelerates the entire remaining balance, which becomes due and payable in full within 7 days, together with a 10% administrative acceleration fee.6.4Invoices are due within 14 calendar days. Late or non-payment accrues interest at 1.5% per month (or the maximum permitted by law under the Late Payment of Commercial Debts (Interest) Act 1998), compounded monthly, plus all collection costs, including reasonable legal fees on an indemnity basis.6.5We may immediately suspend or terminate all Services (including access to work-in-progress, code repositories, support, knowledge transfer, or any Deliverables) without notice for any overdue amount. Services will not resume until all outstanding sums, interest, fees, and any accelerated balance are paid in full.6.6No set-off, withholding, or deduction is permitted for any reason. All payments are final.6.7Rates and promotions. Our then-current rates apply unless a different rate is stated in a current, signed SOW. Any discounted, promotional, legacy, or “lock-in” rate applies only to the specific engagement and period for which it is offered, is not a continuing entitlement, and does not carry over to new, renewed, or additional work. We may set or revise our rates at any time for work not yet covered by a signed SOW.6.8Chargebacks and disputes. You agree to these payment terms before any charge, and all fees, deposits, and Bulk Hours purchases are non-refundable. Initiating a chargeback, payment reversal, or bank dispute for amounts properly invoiced or prepaid is a material breach. You agree to raise any billing concern with us in writing first and allow 10 business days to resolve it. You are responsible for all costs we incur in responding to an improper chargeback (including bank fees and reasonable legal costs), and we may suspend all Services while any payment dispute is open.6.9Stored payment methods and failed payments. Where a payment method is on file, you authorise us and our payment processors to charge it for amounts due, including recurring or instalment amounts. If a charge fails, we may retry it, suspend Services, and treat continued non-payment as cancellation by you, without waiving any amounts owed.
07

Bulk Hours, technology stack & billing transparency

7.1What Bulk Hours are. Bulk Hours are prepaid blocks of time, purchased in advance and drawn down as work is completed. They are the standard model for on-demand development, design, optimisation, and support, including after a project reaches acceptance or Go-Live, and they may also be purchased on their own.7.2What the rate includes, and why they are “bulk.” The Bulk Hours rate is bundled by design. A single hour covers both (a) senior, specialised talent and (b) full access to the enterprise software, infrastructure, and artificial-intelligence stack that allows that talent to work faster, more accurately, and at higher quality than a conventional agency. Arctic Grey invests millions of dollars per year to licence, operate, and continuously upgrade this stack so that every engagement is delivered with a current, well-resourced toolset. That investment is built into the hourly rate, not charged to you as separate line items.7.3Our technology and AI stack. The stack funded through the Bulk Hours rate includes, by way of representative example:
  • Team communication: Slack.
  • Work management and time tracking: Monday.com and Time Doctor.
  • Meetings, knowledge capture, and productivity: Fireflies and the Google Workspace suite (Gmail, Drive, Docs, Sheets, and Calendar).
  • Artificial intelligence and large language models: Claude (Anthropic), ChatGPT and Codex (OpenAI), Google Gemini, Grok (xAI), and AI-assisted development environments such as Cursor, together with the associated API, token, and compute costs.
  • Design and prototyping: Figma.
  • Commerce, code, and infrastructure: Shopify and Shopify Plus, GitHub, Amazon Web Services, and Cloudflare.
  • Marketing, customer, and revenue tooling: Klaviyo, Apollo, Zendesk, Intercom, and Calendly.
  • Contracts and e-signature: DocuSign.
7.4This list is representative and changes over time as tools are added, replaced, or upgraded so that we are always working with current technology and information. The included nature of the stack does not change.7.5How hours are deducted. Work is deducted from your prepaid Bulk Hours balance in time increments that reflect the actual effort required to complete each task, using whatever combination of expert labour and tooling produces the best result most efficiently. Because the stack is included in the rate, you are not separately billed for our software subscriptions, seats, licences, API or token usage, AI compute, or similar internal operating costs. For clarity, this does not cover any third-party services, accounts, apps, or subscriptions that belong to you or your store, which remain your responsibility under Sections 4 and 12.7.6Why this benefits you. The model gives your business a team equipped with enterprise software and frontier AI without the multi-million-dollar annual cost of licensing, integrating, and maintaining that stack yourself. The result is the goal of the Bulk Hours model: better, faster, and more cost-effective delivery than a conventional agency, with greater accuracy and higher quality per hour.7.7Billing transparency and weekly reporting. Arctic Grey operates on full billing transparency. Every Monday at 9:00 AM Eastern, you receive a complete report of all work performed in the previous week, itemised to the minute. Each task is listed with the exact time spent on it (whether eight minutes or eight hours), the work completed, and its current status, including in design, in development, in QA, in staging or testing, awaiting client or manager approval, or completed. Hours logged and the remaining Bulk Hours balance are shown for each project, giving you a clear, running ledger of where every hour has gone and where each task stands.7.8Records and acceptance. Our time entries and weekly reports are our records of the Services performed and form the basis for all Bulk Hours deductions. Consistent with Sections 4 and 5, if you do not provide a written, itemised objection to a weekly report within 5 business days, the report is deemed accepted as accurate. Absent manifest error, our time records are final.7.9What draws down hours, and low-balance handling. All work we perform on your behalf draws down your Bulk Hours balance, including scoping, research, design, development, QA, testing, deployment, project management, meetings, written communication, revisions, and post-acceptance bug fixes. Hour estimates are planning figures, not caps or fixed quotes, and actual time may be higher or lower. We flag a low balance in the weekly report; when your balance reaches zero, work pauses until further Bulk Hours are purchased, and any resulting delay is a Client-caused delay under Section 4.7.10Non-refundable, including unused balances. All Bulk Hours, deposits, and prepaid amounts are non-refundable and non-transferable, have no cash value, and are not redeemable for money, including any unused or unconsumed balance, whether on cancellation, expiry, dissatisfaction, or change of provider. The version of these Terms in effect and posted at arcticgrey.com/policies/terms-of-service at the time of your purchase or SOW governs that purchase and supersedes any earlier version you may hold.
08

2X Multiplier Guarantee (legacy projects only)

This guarantee applies exclusively to SOWs signed on or before December 31, 2024 and only if you have: (i) paid every invoice in full and on time, (ii) fully complied with every obligation in Section 4, (iii) not requested or caused any material scope change, and (iv) not terminated or suspended payments early. Any breach, early termination, or non-payment automatically voids the guarantee in its entirety. The 2X Multiplier Guarantee is discontinued for all projects signed after December 31, 2024.

09

Revisions, maintenance & post-project support

Revisions are strictly limited to the exact number, type, and scope stated in the SOW. All additional revisions, changes, bug fixes after acceptance, or post-launch work require available prepaid Bulk Hours or a new signed agreement and are billed at our prevailing rates ($150–$250 per hour). Upon acceptance or Go-Live (whichever occurs first), the engagement automatically transitions to our standard Bulk Hours model (see Section 7). No ongoing maintenance or support is provided unless purchased separately.

10

Intellectual property & ownership

10.1We retain all right, title, and interest in Arctic Grey IP.10.2Ownership of custom Deliverables transfers to you only upon our receipt of full and final payment of all fees, expenses, interest, accelerated amounts, and any other sums due under the SOW and these Terms. Until then, you have no ownership rights and we grant only a limited, revocable, non-exclusive licence to view and test the work-in-progress internally. We may immediately revoke access and withhold code if any payment is overdue.10.3You grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable licence to use, display, reproduce, modify, and promote the project (including screenshots, videos, before/after comparisons, descriptions, case studies, your name, logo, trademarks, and any testimonials you provide) in our portfolio, website, marketing materials, social media, advertising, awards submissions, and promotional activities. We will reasonably consider written requests for anonymisation on future projects only.10.4You warrant that Client Content does not and will not infringe any third-party rights and will indemnify us fully against any claims.
11

Knowledge transfer & transition services

All knowledge transfer, documentation, training, code walkthroughs, hand-off meetings, onboarding assistance for your internal team or any third-party developers, or any transition support of any kind is expressly excluded from every SOW and project scope unless covered by remaining prepaid Bulk Hours or a separately signed Supplemental Agreement that explicitly allocates and charges for such hours. We have zero obligation to provide any transition services whatsoever if you have any outstanding payments, have terminated the relationship, or are not in good standing. Any such services requested will be quoted and billed at our full standard rates with no exceptions.

12

Third-party tools, platforms & integrations

All third-party services (including Shopify, apps, hosting providers, ERP systems, payment gateways, 3PLs, analytics tools, etc.) are provided strictly “as is” with no warranties. You are solely responsible for your own accounts, subscriptions, costs, compliance with their terms, and any changes, downtime, API modifications, or data issues caused by them. We have no liability for any third-party actions or failures. Any additional work required due to third-party changes will be billed separately.

13

ADA / accessibility / HIPAA / compliance

Arctic Grey is not an ADA consultant, accessibility firm, HIPAA compliance provider, legal advisor, or regulatory expert. Accessibility, privacy, data protection, and related laws and standards (including but not limited to ADA, WCAG, Section 508, HIPAA, GDPR, and consumer protection laws) are subject to frequent change and differing interpretations. We do not guarantee, warrant, or represent that the Services, Deliverables, or your website will be or remain fully compliant with any such standards now or at any time in the future.

We apply industry best practices during development as understood at the time. If you engage a qualified, independent third-party auditor and provide us with their formal written report that specifically identifies required fixes, we will remediate only those identified issues at no additional cost solely within the first 30 calendar days following formal acceptance or Go-Live. After 30 days, or in the absence of such a formal third-party report, all accessibility, compliance, or related work is billable at our standard rates. You remain solely and fully responsible for all ongoing monitoring, maintenance, testing, audits, and legal compliance of your website and business. You agree to indemnify, defend, and hold Arctic Grey, its officers, directors, employees, agents, and affiliates harmless from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees on an indemnity basis) arising from or related to any accessibility, ADA, HIPAA, privacy, or compliance issues.

14

Warranties & disclaimers

We warrant only that, for a period of 30 calendar days following acceptance of the Completed Store (“Warranty Period”), the Deliverables will materially conform to the express specifications in the SOW. Your sole and exclusive remedy is for us to re-perform the affected Services at no extra charge, provided you give prompt written notice during the Warranty Period.

EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SERVICES AND ALL DELIVERABLES ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE OPERATION, UNINTERRUPTED SERVICE, SECURITY AGAINST ALL THREATS, FUTURE COMPATIBILITY WITH ANY PLATFORM OR TECHNOLOGY, OR ANY RESULTS WHATSOEVER.

We make no guarantees regarding business outcomes, sales, revenue, rankings, profitability, or performance after delivery or any platform updates.

15

Limitation of liability

To the fullest extent permitted by applicable law: (a) Our total aggregate liability to you under or in connection with these Terms, any SOW, or the Services (whether in contract, tort, negligence, breach of statutory duty, or otherwise) shall not exceed the total fees actually paid by you to us in the six (6) months preceding the claim. (b) We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, business opportunity, or interruption, even if advised of the possibility.

This limitation applies regardless of the legal theory and survives any termination.

16

Indemnification

You agree to indemnify, defend, and hold harmless Arctic Grey, its officers, directors, employees, agents, subcontractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on an indemnity basis) arising out of or relating to: (a) your breach of these Terms or any SOW; (b) any Client Content or your use or modification of the Services or Deliverables; (c) your violation of any law or third-party rights (including intellectual property, data protection, accessibility, or privacy); (d) any claims by your customers, users, or other third parties; or (e) your failure to comply with any Client Responsibility.

17

Termination

17.1You may terminate an SOW only by providing 30 days’ written notice AND simultaneous full payment of the entire remaining committed balance (including any accelerated amounts).17.2We may terminate immediately for any breach by you (including non-payment or failure to meet Client Responsibilities) or for convenience on 14 days’ written notice.17.3Upon any termination:
  • You must immediately pay all outstanding amounts, interest, fees, the full accelerated remaining balance, and any wind-down costs.
  • All licences granted to you are automatically revoked until full payment.
  • We have no further obligation to deliver any materials, provide access, or perform any further Services (including knowledge transfer).
  • All surviving provisions (including IP, confidentiality, indemnification, limitation of liability, non-solicitation, and dispute resolution) remain in full force.
17.4Inactivity and abandonment. If you become unresponsive or fail to provide required access, information, approvals, or payment for 30 consecutive days, we may treat the project as dormant and suspend, archive, or close it. Reactivating a dormant project is subject to our then-current rates, our availability, and a reactivation fee, and does not refund or extend any prior amounts. We may remove dormant project materials after a reasonable period, consistent with the licence and payment terms of these Terms.
18

Confidentiality

Each party will keep the other’s Confidential Information strictly confidential and use it solely to perform under these Terms. Confidentiality obligations survive for 5 years after termination (or indefinitely for trade secrets). General methodologies, skills, and experience gained are not confidential.

Staging, “Test Drive,” preview, and demonstration environments, together with all access credentials, are Confidential Information, are provided for your evaluation only, and may not be used in production or shared publicly before Go-Live and full payment. The terms and pricing of every SOW, proposal, and our commercial arrangements are also Confidential Information. You must keep all credentials secure and must not publish or distribute our work product, previews, or estimates outside your organisation without our prior written consent.

19

Privacy & data protection

We comply with applicable UK data protection law (including UK GDPR) and act as a processor where relevant; our Privacy Policy applies. You are the data controller for your store and all customer data and remain solely responsible for its lawful processing. You indemnify us against any claims arising from your data handling.

20

AI, automation & subprocessors

20.1Third-party tools and subprocessors. We deliver the Services using reputable third-party software, infrastructure, and subprocessors, including the technology and AI stack described in Section 7. By engaging us, you authorise us to process Client Content through these tools as reasonably necessary to perform the Services.20.2AI-assisted work. We use artificial-intelligence tools to help research, write, design, code, test, and manage work. Deliverables may be produced with AI assistance, and ownership of custom Deliverables still transfers to you on full payment under Section 10. AI systems can produce errors or inaccurate output, so all Deliverables remain subject to the acceptance and review process in Section 5, and you are responsible for reviewing them before relying on them or taking them live.20.3Meetings and recordings. We may record, transcribe, and summarise calls and meetings to support delivery, quality, and our records. Those recordings, transcripts, and notes are our records. Tell us before a meeting if you do not want it recorded.20.4Your rights in Client Content. You represent and warrant that you have all rights and permissions necessary for us to process Client Content through our tools and subprocessors, and that doing so will not breach any third-party right or agreement. You remain responsible for your data as the controller under Section 19.20.5Improvement and anonymised learnings. We may use general knowledge, methods, and anonymised or aggregated learnings gained during the engagement to improve our Services, provided we do not disclose your Confidential Information in a way that identifies you, consistent with Section 18.20.6Tool changes and exclusions. Our tools and subprocessors change over time, as described in Section 7. If you require a specific tool to be excluded for compliance reasons, tell us in writing; we will tell you whether we can accommodate it within the existing scope and rate, and any required alternative may be billable.
21

Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, pandemics, government actions, war, terrorism, strikes, labour disputes, internet or power failures, third-party platform changes, or supply chain disruptions.

22

Non-solicitation, non-circumvention & non-disparagement

For 24 months following the termination or expiry of any Services or SOW, you shall not, directly or indirectly, solicit, hire, engage, or attempt to solicit, hire, or engage any of our employees, contractors, or subcontractors without our prior written consent. Breach of this clause entitles us to liquidated damages equal to twelve (12) months’ salary or fees of the relevant person (a genuine pre-estimate of our loss), in addition to any other remedies available at law.

Non-circumvention. During any engagement and for 24 months afterward, you will not, directly or indirectly, engage, contract with, or solicit our employees, contractors, subcontractors, or the partners, vendors, or referral sources we introduce to you in a manner that bypasses Arctic Grey or avoids fees that would otherwise be payable to us, without our prior written consent.

Non-disparagement. Neither party will make or publish false or disparaging statements about the other. You will not disparage Arctic Grey to Shopify, our partners, or any platform or marketplace, or use a support, partner, or dispute channel to make false claims about us. Nothing in this section prevents either party from making truthful statements required by law, responding accurately to a regulator, or giving honest, good-faith feedback through legitimate review channels.

23

Dispute resolution & governing law

These Terms and every SOW are governed exclusively by the laws of England and Wales, without regard to conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms or any SOW shall be finally resolved by binding arbitration in London, England, under the Arbitration Act 1996 by a single arbitrator appointed in accordance with that Act. The arbitration shall be conducted in English on an individual basis only (no class, collective, or representative actions). The prevailing party shall be entitled to recover its reasonable legal fees and costs on an indemnity basis. Both parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales solely for the purpose of enforcing any arbitral award.

24

Limitation of time to bring claims

Any claim or cause of action must be commenced within one (1) year after the cause of action accrues; otherwise, it is permanently barred.

25

Miscellaneous

25.1Severability: If any provision is held invalid or unenforceable, the remainder of these Terms shall continue in full force.25.2No Waiver: Our failure to enforce any right does not constitute a waiver.25.3Entire Agreement: These Terms and the applicable SOW constitute the complete and exclusive agreement between the parties and supersede all prior communications.25.4Assignment: You may not assign or transfer any rights or obligations without our prior written consent. We may assign freely to any affiliate or successor.25.5Notices: All notices must be in writing and are effective when sent by email to the address you provided (deemed received 24 hours after sending).25.6Electronic Signatures & Communications: Electronic signatures and records are binding to the same extent as originals.25.7Independent Contractor: We are an independent contractor; nothing creates any partnership, agency, joint venture, or employment relationship.25.8Changes to Terms: We may update these Terms by posting the revised version on our website. Your continued engagement of Services or use of any Deliverables after posting constitutes acceptance of the changes. The version of these Terms in effect and posted at arcticgrey.com/policies/terms-of-service when you sign an SOW or make a payment governs that engagement, and the current version always controls over any earlier copy you may hold.25.9No Reliance: You acknowledge that you have not relied on any representations, warranties, or statements outside the express terms of the signed SOW and these Terms.25.10No professional advice. We are a development and design agency, not your lawyer, accountant, tax adviser, or regulatory consultant. Nothing we provide is legal, tax, financial, accessibility, or regulatory advice, and you should obtain your own professional advice. This is a business-to-business agreement.
26

Contact information

Email: support@arcticgrey.com
Registered address: International House, 142 Cromwell Road, London, England, SW7 4EF.

Privacy Policy (February 3, 2023)

In short: In effect from February 3, 2023 until October 3, 2026, when our current Privacy Policy replaced it. Shown as published. Template placeholders and an incorrect address were corrected on October 3, 2026, before this policy was replaced.

This Privacy Policy describes how articgrey.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at support@arcticgrey.com or by mail using the details provided below:

Arctic Grey Ltd, 101 avenue of the Amercia's, 8th and 9th floor, New York NY 10013, United States

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

  • Device information
    • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
    • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
    • Disclosure for a business purpose: shared with our processor Shopify.
    • Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Order information
    • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    • Source of collection: collected from you.
    • Disclosure for a business purpose: shared with our processor Shopify.
    • Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
  • Customer support information
    • Purpose of collection:
    • Source of collection:
    • Disclosure for a business purpose:
    • Purpose of collection: to provide customer support.
    • Source of collection: collected from you

Minors

The Site is not intended for individuals under the age of [INSERT AGE]. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
  • We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

  • FACEBOOK - https://www.facebook.com/settings/?tab=ads
  • GOOGLE - https://www.google.com/settings/ads/anonymous

    • Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

    Using Personal Information

    We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

     

    Lawful basis

    Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

    • Your consent;
    • The performance of the contract between you and the Site;
    • Compliance with our legal obligations;
    • To protect your vital interests;
    • To perform a task carried out in the public interest;
    • For our legitimate interests, which do not override your fundamental rights and freedoms.

    Retention

    When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

    Automatic decision-making

    If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

    We [DO/DO NOT] engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

    Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

    Services that include elements of automated decision-making include:

    • Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
    • Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.

    Selling Personal Information

    Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

     

     

     

    GDPR

    If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above. 

    Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

    CCPA

    If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above. [OR INSERT ALTERNATIVE INSTRUCTIONS FOR SENDING ACCESS, ERASURE, CORRECTION, AND PORTABILITY REQUESTS]

    If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

    Cookies

    A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

    We use the following cookies to optimize your experience on our Site and to provide our services.

    [Be sure to check this list against Shopify’s current list of cookies on the merchant storefront: https://www.shopify.com/legal/cookies ]

    Cookies Necessary for the Functioning of the Store

    Name Function Duration
    _ab Used in connection with access to admin. 2y
    _secure_session_id Used in connection with navigation through a storefront. 24h
    _shopify_country Used in connection with checkout. session
    _shopify_m Used for managing customer privacy settings. 1y
    _shopify_tm Used for managing customer privacy settings. 30min
    _shopify_tw Used for managing customer privacy settings. 2w
    _storefront_u Used to facilitate updating customer account information. 1min
    _tracking_consent Tracking preferences. 1y
    c Used in connection with checkout. 1y
    cart Used in connection with shopping cart. 2w
    cart_currency Used in connection with shopping cart. 2w
    cart_sig Used in connection with checkout. 2w
    cart_ts Used in connection with checkout. 2w
    cart_ver Used in connection with shopping cart. 2w
    checkout Used in connection with checkout. 4w
    checkout_token Used in connection with checkout. 1y
    dynamic_checkout_shown_on_cart Used in connection with checkout. 30min
    hide_shopify_pay_for_checkout Used in connection with checkout. session
    keep_alive Used in connection with buyer localization. 2w
    master_device_id Used in connection with merchant login. 2y
    previous_step Used in connection with checkout. 1y
    remember_me Used in connection with checkout. 1y
    secure_customer_sig Used in connection with customer login. 20y
    shopify_pay Used in connection with checkout. 1y
    shopify_pay_redirect Used in connection with checkout. 30 minutes, 3w or 1y depending on value
    storefront_digest Used in connection with customer login. 2y
    tracked_start_checkout Used in connection with checkout. 1y
    checkout_one_experiment Used in connection with checkout. session
    checkout_session_lookup Used in connection with checkout. 3w
    checkout_session_token_<<token>> Used in connection with checkout. 3w
    identity-state Used in connection with customer authentication. 24h
    identity-state-<<token>> Used in connection with customer authentication. 24h
    identity_customer_account_number Used in connection with customer authentication. 12w

    Reporting and Analytics

    Name Function Duration
    _landing_page Track landing pages. 2w
    _orig_referrer Track landing pages. 2w
    _s Shopify analytics. 30min
    _shopify_d Shopify analytics. session
    _shopify_s Shopify analytics. 30min
    _shopify_sa_p Shopify analytics relating to marketing & referrals. 30min
    _shopify_sa_t Shopify analytics relating to marketing & referrals. 30min
    _shopify_y Shopify analytics. 1y
    _y Shopify analytics. 1y
    _shopify_evids Shopify analytics. session
    _shopify_ga Shopify and Google Analytics. session
    customer_auth_provider Shopify analytics. session
    customer_auth_session_created_at Shopify analytics. session


    The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

    You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

    Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

    Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

    Do Not Track

    Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

    Changes

    We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

    Complaints

    As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

    If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/]

    Last updated: Friday, February 3, 2023

    Refund Policy (May 28, 2024)

    In short: In effect from May 28, 2024 until October 3, 2026, when our current Refund Policy replaced it.

    Arctic Grey, Ltd. ("Arctic Grey") provides non-tangible, non-returnable, and easily replicable goods and services. As such, refunds will not be issued once the order has been fulfilled and the product or service has been delivered or made accessible to the public.

    Customer Responsibility

    Customers are responsible for familiarizing themselves with Arctic Grey's refund policies before making any purchase. Goods and services provided by Arctic Grey cannot be returned or refunded once delivered.

    Exceptional Circumstances

    In exceptional cases where the integrity of the product or service is compromised, Arctic Grey offers a 100% refund if requested before delivery. For first-time customers, a full refund is available if they are not 100% satisfied with the services provided. This is Arctic Grey's 100% Customer Satisfaction Guarantee.

    Non-Refundable Services

    Refunds are not applicable for:

    • Purchases made before January 1st, 2024
    • Work made accessible to the public
    • Requests made after 90 calendar days from the initial payment
    • Bulk hour purchases
    • Marketing campaigns
    • SEO services
    • Site speed services
    • Graphic design services
    • Shared screen training services

    Compatibility and Support

    Arctic Grey’s products are not guaranteed to be compatible with third-party software unless explicitly stated. Refund, return, or exchange requests for incompatibility issues are not honored. Support for third-party programs is not provided.

    Conditions for Refund

    Refunds are only honored under the following conditions:

    1. First-Time Customers: A full refund is granted if the customer is not 100% satisfied with the services provided.

    2. Major Defects: Must be reported to the Technical Support Team within 3 business days of receipt. Arctic Grey reserves the right to correct the error within 3 business days of receiving the complaint. If the error is not corrected within this period, a full refund will be issued. Alternatively, the customer may choose a replacement product of equal or similar value. Temporary access to the customer's admin account may be required to resolve the issue. Failure to provide access disqualifies the customer from receiving a refund.

    3. Product Not as Described: Discrepancies must be reported to the Technical Support Team within 30 days of purchase with clear evidence. Refund requests based on false expectations or desires will not be honored. Evaluation samples are available in the free sample templates section.

    Submission of Refund Requests

    Refund requests must be submitted to support@arcticgrey.com within 30 days of the initial transaction, including a detailed explanation. Requests that contradict Arctic Grey's terms and conditions will not be honored. If a refund exception is granted, it will only be fulfilled upon receipt of a signed Waiver of Copyright from the customer.

    2X MULTIPLIER GUARANTEE

    Arctic Grey guarantees that the total cost of a project will not exceed twice the quoted hours, in accordance with our 2X Multiplier Guarantee. This means Arctic Grey covers 100% of all additional hours required up to 2X the quoted amount, no questions asked, as long as the project scope remains reasonably consistent with the initial agreement. Any hours exceeding twice the quoted amount will be billable, ensuring our commitment to 100% customer satisfaction.

    Technical Support

    Our Technical Support Team is available to assist with any issues and promises prompt and professional support. Thank you for choosing Arctic Grey's products and services.

    Cancellation Policy (May 28, 2024)

    In short: In effect from May 28, 2024 until October 3, 2026, when our current Subscription Policy replaced it.

    Arctic Grey, Ltd. offers certain items as subscriptions, pre-orders, or try-before-you-buy options. This cancellation policy explains how you can change or cancel these types of purchases.

    Subscriptions

    When you purchase a subscription, you'll receive repeat deliveries based on the subscription duration and frequency you select. Your payment details will be stored securely, and you'll be charged for each delivery unless you choose to pay in advance.

    Auto-Renewal and Cancellation:

    • Some subscriptions may auto-renew at the end of their duration. If you do not wish to renew a subscription, you can cancel it.
    • You can cancel or change your subscription at any time. Your order confirmation emails contain links to your order, allowing you to manage your subscription from there.
    • Refer to our Refund Policy for details on returns and refunds.

    Pre-orders

    When you purchase a pre-order, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. We may collect no payment or a partial deposit at checkout, store your payment method, and then fulfill and charge the full or remaining payment at a future date.

    Cancellation and Refunds:

    • You can cancel a partially paid pre-order that has not yet been fulfilled. If the order has been fulfilled, cancellation is not possible, but you can request a full or partial refund.
    • For details on returns and refunds, see our Refund Policy.

    Try Before You Buy

    When you purchase a try-before-you-buy item, we authorize your payment method before fulfilling the order. You will have a specified period to decide if you want to keep the item. If you do not return the item within the designated time frame, we will charge your payment method for the full amount.

    General Conditions

    Refund Requests:

    • Refund requests must be submitted to support@arcticgrey.com within 7 days of the initial transaction, including a detailed explanation.
    • Requests that contradict Arctic Grey's terms and conditions will not be honored. If a refund exception is granted, it will only be fulfilled upon receipt of a signed Waiver of Copyright from the customer.
    • For more details, please refer to our Refund Policy.

    2X MULTIPLIER GUARANTEE:

    • Arctic Grey guarantees that the total cost of a project will not exceed twice the quoted hours, in accordance with our 2X Multiplier Guarantee. This means Arctic Grey covers 100% of all additional hours required up to 2X the quoted amount, no questions asked, as long as the project scope remains reasonably consistent with the initial agreement. Any hours exceeding twice the quoted amount will be billable, ensuring our commitment to 100% customer satisfaction.

    Technical Support:

    • Our Technical Support Team is available to assist with any issues and promises prompt and professional support. Thank you for choosing Arctic Grey's products and services.