Inflopick Terms of Use

Effective Date: 2026-04-20 Last Updated: 2026-05-17

1. Introduction and Acceptance

1.1 Who We Are

Inflopick is operated by Inflopick (9557-4240 Quebec Inc.), a corporation incorporated under the laws of Quebec, Canada, with its principal place of business in Montreal, Quebec ("Inflopick," "we," "us," or "our").

1.2 What Inflopick Is

Inflopick is a Canadian commerce platform that connects independent buyers, content creators, and merchants through affiliate partnerships. We operate an online marketplace where:

• Buyers discover products curated by creators and sold directly by merchants;
• Creators promote merchant products via affiliate links and earn commissions on referred sales; and
• Merchants list products, manage promotion partnerships, and fulfil orders through their own Shopify-powered stores.

1.3 Agreement to These Terms

By creating an account, accessing, or using the Inflopick platform or any of its services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Services.

These Terms constitute a legally binding agreement between you and Inflopick. You should read them carefully before using the Services.

1.4 Relationship Between Terms and Privacy Policy

These Terms govern your use of the Services and your relationship with Inflopick. Our Privacy Policy (available at [PRIVACY POLICY URL — TO BE INSERTED]) governs how we collect, use, disclose, and protect personal information. Where these Terms reference data handling, the Privacy Policy controls. Together, these two documents form the complete agreement governing your use of the Services.

1.5 Material Changes

We may update these Terms from time to time. For changes that materially affect your rights or obligations, we will provide at least 30 days' advance notice by email to your registered address or by prominent in-platform notification, as required by sections 219–221 of the Quebec *Consumer Protection Act*, RLRQ c P-40.1 ("CPA"). Your continued use of the Services after the effective date of a change constitutes your acceptance of the updated Terms. If you do not accept a material change, you may close your account before the change takes effect. See Section 19 for full details.

2. Definitions

For the purposes of these Terms:

2.1 "Affiliate Link" means a unique URL generated by Inflopick and assigned to a Creator that tracks buyer clicks and purchases for the purpose of commission attribution.

2.2 "Buyer" means a registered user who uses the Services to discover and purchase products listed on merchant storefronts via affiliate links or direct browsing.

2.3 "Commission" means the fee payable by a Merchant on each qualifying order, calculated at a Merchant-configured percentage of the pre-tax subtotal (minimum 8%, adjustable upward in 1% increments), as described in Section 8. Where an order is attributed to a Creator, the full Commission on that order is allocated to that Creator as their payout entitlement (subject to the hold period and state transitions in Section 8). Where an order is not attributed to any Creator, the full Commission is retained by Inflopick.

2.4 "Content" means any text, images, videos, ratings, reviews, messages, affiliate links, or other material submitted, uploaded, or transmitted by a User through the Services.

2.5 "Creator" means a registered user who creates content, operates an affiliate storefront on Inflopick, and earns commissions on sales made through their Affiliate Links.

2.6 "Merchant" means a business or individual registered as a seller on Inflopick who has connected their Shopify store to the Services and sells products to Buyers via Shopify Checkout.

2.7 "Merchant Storefront" means the branded product discovery page for a Merchant within the Inflopick platform.

2.8 "Platform" means the Inflopick web application, APIs, and associated infrastructure through which the Services are delivered.

2.9 "Services" means all features, tools, and functionality made available by Inflopick through the Platform, including product discovery, affiliate link generation, commission tracking, chat, creator analytics, and related functions.

2.10 "Shopify" means Shopify Inc. and the Shopify-powered checkout and merchant store infrastructure through which all Buyer purchases are processed.

2.11 "Social Account" means a third-party social media account (on TikTok, Instagram, or YouTube) that a Creator connects to the Platform via OAuth for the purpose of displaying creator metrics.

2.12 "User" means any person who creates an account and uses the Services in any capacity, whether as a Buyer, Creator, or Merchant.

3. Eligibility and Account Registration

3.1 Minimum Age

You must be at least 18 years of age to create an account or use the Services. This requirement applies to all User types — Buyers, Creators, and Merchants. By creating an account, you represent and warrant that you are 18 or older. We do not knowingly collect personal information from persons under 18. If we become aware that a person under 18 has created an account, we will terminate that account and delete associated personal information.

3.2 Accurate Information

You must provide accurate, current, and complete information when registering and must keep that information up to date. Providing false, misleading, or incomplete information is a breach of these Terms and may result in suspension or termination of your account.

3.3 One Account Per User

Each User may maintain only one account. Creating duplicate or multiple accounts is prohibited without our prior written consent. Merchants may maintain one account per distinct Shopify store where that store is separately operated as an independent business.

3.4 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at contact@inflopick.com if you suspect unauthorized access to your account. Inflopick is not liable for any loss or damage arising from your failure to protect your credentials.

3.5 Business Accounts

If you register as a Merchant on behalf of a business entity, you represent that you have authority to bind that entity to these Terms, and "you" in these Terms includes that entity.

4. Platform Role — Marketplace Model

4.1 Inflopick Is Not a Seller

Inflopick is a marketplace intermediary and is not a party to any sale of goods. Inflopick does not sell, supply, ship, or fulfil products. All products displayed on the Platform are listed and sold exclusively by Merchants. Each Merchant is the seller of record for the products they list.

This characterization is material and is made in compliance with section 12 of the Quebec *Consumer Protection Act*. Inflopick provides discovery, attribution tracking, chat infrastructure, and commission management services only.

4.2 Buyer Purchases Occur on Shopify

When a Buyer proceeds to purchase, they are redirected to the relevant Merchant's own Shopify-powered checkout. The purchase contract is formed between the Buyer and the Merchant. Inflopick is not a party to that contract.

Inflopick never receives, processes, or stores Buyer payment card data. All payment processing is handled exclusively by Shopify.

4.3 Merchant Responsibility

Merchants are solely responsible for:

(a) the accuracy, completeness, and legality of their product listings, descriptions, pricing, and images;

(b) the fulfilment, shipping, and delivery of orders;

(c) compliance with all applicable consumer protection laws in relation to their Buyers, including the CPA where applicable;

(d) collecting and remitting applicable taxes on sales; and

(e) any product liability arising from goods they sell.

4.4 Dispute Resolution with Merchants

Disputes regarding orders, products, delivery, or refunds must be directed to the relevant Merchant. Inflopick provides in-platform chat and email contact channels to facilitate Buyer–Merchant communication, but Inflopick has no authority to compel a Merchant to issue a refund or take other remedial action. Inflopick's involvement in a Buyer–Merchant dispute is limited to facilitating communication. See also Section 5.1.

4.5 No Warranty on Merchant Goods

Inflopick makes no representations or warranties regarding the quality, safety, legality, or accuracy of any product listed by a Merchant. Any claim regarding a product must be made directly against the Merchant and, where applicable, under the Merchant's own return and refund policy.

5. User-Type-Specific Terms

5.1 Buyer Terms

5.1.1 How Purchases Work

Buyers may browse Merchant Storefronts and Creator-curated product pages on the Platform. When a Buyer adds items to their cart and proceeds to checkout, the Platform generates a Shopify cart link for each Merchant and redirects the Buyer to that Merchant's Shopify checkout in a new browser tab. The Buyer completes payment directly with the Merchant through Shopify.

5.1.2 Inflopick Has No Liability for the Underlying Transaction

Inflopick is not responsible for the outcome of any purchase transaction, including but not limited to product quality, delivery failures, incorrect orders, pricing errors, or post-sale customer service. These matters are entirely the Merchant's responsibility.

5.1.3 Order Confirmation and Fulfilment

Order confirmation emails and shipping/fulfilment communications are sent directly by Shopify or the Merchant, not by Inflopick. Inflopick may display order status information within the Platform sourced from Shopify webhooks, but the Shopify record is authoritative.

5.1.4 Disputes

If you have a dispute with a Merchant, you should first contact the Merchant directly using the in-platform chat or the Merchant's contact information. If you are a Quebec consumer, your rights under the CPA as against the Merchant are unaffected by these Terms. Nothing in these Terms limits or waives consumer rights provided by mandatory law.

5.1.5 Multi-Seller Cart

The Platform supports multi-seller carts. Each Merchant's items generate a separate Shopify checkout and a separate order. Buyers complete sequential checkouts, one per Merchant. Each transaction is independent.

5.1.6 No Buyer-Facing Platform Fee

Inflopick charges no fee directly to Buyers for using the Platform. Product prices displayed on the Platform are set by Merchants.

5.2 Creator Terms

5.2.1 Affiliate Links and Storefronts

Creators may curate products from connected Merchants, generate Affiliate Links, and operate a branded Creator Storefront on the Platform. When a Buyer purchases a product through a Creator's Affiliate Link and the order is successfully attributed to that Creator, Inflopick records the full Commission charged to the Merchant on that order as a Creator payout entitlement. Creator self-purchases through their own Affiliate Links are permitted and are attributed in the same manner as any other Buyer purchase, provided the purchase is made in good faith for personal use and not for the sole purpose of generating Commission.

5.2.2 Commission Attribution

Commission attribution is determined by automated matching of Shopify order data to Inflopick cart session identifiers. See Section 10 (Automated Decisions) for details. Inflopick's attribution determination is final, subject to the dispute procedure in Section 14.

5.2.3 Content Authenticity and Disclosure Obligations

Creators must ensure that all Content they publish on or through the Platform is accurate and not misleading. When promoting products through Affiliate Links or paid partnerships, Creators must clearly and conspicuously disclose the commercial nature of the relationship to Buyers, in compliance with applicable Canadian advertising standards and the guidelines of any social platform on which the content is distributed. A disclosure such as "#ad," "#sponsored," or "Paid partnership with [Merchant]" in a prominent position is the minimum expected standard.

5.2.4 Social Account Connection

Creators may optionally connect TikTok, Instagram Business, and YouTube accounts to the Platform via OAuth. By connecting a Social Account, you:

(a) authorize Inflopick to access the data made available under the OAuth scopes described in Section 9 and our Privacy Policy;

(b) represent that you hold the Social Account in a personal capacity or have authority to connect it to third-party services; and

(c) acknowledge that Inflopick does not obtain any authorization to post, delete, or modify content on your Social Accounts.

You may disconnect a Social Account at any time through your account settings. On disconnection, all cached social insights are deleted. See Section 9.

5.2.5 Creator Payout Lifecycle

Creator payout entitlements move through the following states:

(a) Held — recorded when an order is successfully attributed to the Creator. Held entitlements are not yet available for payout because the underlying order remains subject to cancellation or return.

(b) Available — the held entitlement transitions to available after the later of (i) the Merchant's published return window for the applicable order and (ii) an additional 7-day settlement buffer (the "Hold Period"). Once available, the entitlement is eligible for payout.

(c) Cancelled — if the underlying order is cancelled, refunded, or returned during the Hold Period, the corresponding entitlement is cancelled in full or in proportion to the refunded amount.

(d) Paid Out — available entitlements are remitted to the Creator via Stripe Connect.

Stripe onboarding is a prerequisite to Creator activity. Before a Creator may generate Affiliate Links, operate a Creator Storefront, or otherwise earn Commission on the Platform, the Creator must complete Stripe's identity verification (KYC) process and agree to the Stripe Connected Account Agreement (available at https://stripe.com/en-ca/legal/connect-account). A Creator whose Stripe onboarding is incomplete, expired, or suspended will not be able to perform Creator actions that generate Commission entitlement until onboarding is restored. Inflopick does not conduct or store the results of identity verification; that process is managed exclusively by Stripe.

Held and available balances are visible to Creators via the Creator Dashboard. Remittance of available balances is handled through Stripe Connect on Stripe's standard payout schedule for the Creator's Connected Account.

5.2.6 No Unauthorized Scraping

Connecting a Social Account does not authorize Inflopick to scrape, crawl, or collect data beyond what is explicitly made available through the platform's OAuth grant. Inflopick accesses Social Account data only through official APIs and within the scope of the Creator's OAuth authorization.

5.2.7 Promotion Requests

Creators may receive promotion requests (sample and content collaboration requests) from Merchants through the Platform's task system. Participation in promotion requests is voluntary. Creators who accept a request are responsible for fulfilling the agreed content deliverables. All task management occurs within the Platform; no binding deadlines are established by the Platform itself.

5.2.8 Creator Analytics

The Platform provides Creators with analytics on Affiliate Link performance (clicks, orders, conversion rates, estimated earnings) for their own promotional activity. These analytics are derived from Platform-level tracking and Shopify webhook data. See the Privacy Policy for detail on what data underlies these analytics.

5.3 Merchant Terms

5.3.1 Shopify Integration

To use the Merchant features of the Services, you must connect a Shopify store to Inflopick by installing the Inflopick app through the Shopify App Store and completing the OAuth authorization flow. By connecting your Shopify store, you authorize Inflopick to access the following Shopify API scopes: read_products, read_inventory, read_locations, read_orders, read_customers, read_checkouts, and applicable billing scopes. Your Shopify store data is used solely to operate the Services as described in these Terms and the Privacy Policy.

5.3.2 Shopify Partner Program

Your use of the Inflopick Shopify app is subject to Shopify's Partner Program Agreement and App Store terms in addition to these Terms. In the event of a conflict between Shopify's terms and these Terms with respect to your Shopify store, Shopify's terms govern with respect to the Shopify platform.

5.3.3 Commission Structure

Merchants pay Inflopick a Commission on each qualifying order placed through the Platform (whether attributed to a Creator Affiliate Link or arising from direct Platform discovery). The Commission rate is set by the Merchant during onboarding, subject to a minimum of 8% of the pre-tax subtotal and adjustable upward in 1% increments with no ceiling. Merchants may increase their Commission rate at any time; rate changes apply prospectively to orders created on or after the effective date of the change. Commission rate decreases below 8% are not permitted. See Section 8 for full billing terms.

5.3.4 Responsibility for Listings and Fulfilment

Merchants represent and warrant that:

(a) all product listings, descriptions, pricing, images, and specifications are accurate and not misleading;

(b) products listed comply with all applicable laws, including product safety, labelling, and import/export requirements;

(c) they will fulfil orders promptly and in accordance with the delivery timelines displayed to Buyers;

(d) they will handle Buyer disputes, complaints, and refund requests in accordance with applicable law and their own return policy; and

(e) they are solely responsible for the collection and remittance of all applicable taxes on their sales.

5.3.5 Merchant Responsibility for Consumer Protection

Merchants, not Inflopick, are responsible for compliance with the CPA and equivalent provincial consumer protection legislation in connection with sales to their Buyers. Inflopick makes no representation that using the Platform satisfies any Merchant's independent consumer protection obligations.

5.3.6 Promotion Requests

Merchants may invite Creators to promote their products through the Platform's promotion request system. Merchants represent that any samples or products provided to Creators are provided freely and without any obligation of guaranteed content output, unless a separate written agreement with the Creator expressly states otherwise.

6. Content and Intellectual Property

6.1 Ownership of User Content

You retain all ownership rights in the Content you submit, upload, or transmit through the Services. Inflopick does not claim ownership of your Content.

6.2 Licence Granted to Inflopick

By submitting Content to the Services, you grant Inflopick a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, display, distribute, modify (for formatting and display purposes only), and use that Content solely to the extent necessary to operate, improve, and provide the Services. This licence continues for as long as your Content is stored on the Platform and terminates, subject to Section 6.3, when the Content is deleted or your account is closed.

6.3 Retained Use After Deletion

Inflopick may retain anonymized or aggregated data derived from your Content for analytics and platform improvement purposes after deletion, provided that such data cannot reasonably be used to identify you. Inflopick may also retain Content that has been shared with third parties (e.g., chat messages visible to another User) as technically required to maintain chat history consistency, subject to the retention limits in our Privacy Policy.

6.4 Inflopick Intellectual Property

The Inflopick name, logo, platform design, software, algorithms, databases, and all related intellectual property are owned by Inflopick or its licensors. These Terms grant you no right, title, or licence in or to Inflopick's intellectual property except the limited right to use the Services as described herein. You must not reproduce, distribute, modify, create derivative works from, or reverse engineer any part of the Platform without our express written permission.

6.5 Copyright Complaints — Notice and Notice

Inflopick respects copyright and complies with Canada's *Notice and Notice Regime* under the *Copyright Act*, RSC 1985, c C-42. If you believe that Content on the Platform infringes your copyright, please send a written notice to contact@inflopick.com with the following information:

(a) your name and contact information;

(b) identification of the copyrighted work you claim has been infringed;

(c) identification of the Content you believe infringes your work, with sufficient detail to locate it on the Platform;

(d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, their agent, or the law; and

(e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

Inflopick will forward notices to the alleged infringer as required by the *Copyright Act* and will take appropriate action, which may include removing the Content.

6.6 Repeat Infringers

Inflopick will, in appropriate circumstances, suspend or terminate the accounts of Users who are determined to be repeat copyright infringers.

7. Prohibited Conduct

You must not, and must not assist any person to:

7.1 Use the Services for any purpose that is unlawful under applicable Canadian or provincial law or that violates these Terms;

7.2 Post, upload, or transmit Content that is fraudulent, defamatory, obscene, harassing, threatening, discriminatory, or that incites hatred;

7.3 Publish fake, false, or incentivized reviews or ratings;

7.4 Impersonate any person or entity, or misrepresent your affiliation with any person or entity;

7.5 Scrape, crawl, spider, or automatically extract data from the Platform by any means not expressly authorized by Inflopick in writing;

7.6 Use bots, scripts, or automated tools to interact with the Platform in any way that creates disproportionate load, manipulates rankings or attribution, or bypasses access controls;

7.7 Circumvent, disable, or interfere with any security feature or access control of the Platform;

7.8 Attempt to gain unauthorized access to any account, system, or network associated with the Platform;

7.9 Circumvent the Platform's commission system by encouraging Buyers to contact Merchants or complete purchases outside of the Platform for the purpose of avoiding commission attribution;

7.10 Use the Platform to send unsolicited commercial electronic messages in violation of CASL or other applicable anti-spam law;

7.11 Upload malware, viruses, or any code designed to interrupt, destroy, or limit the functionality of the Platform;

7.12 Collect, harvest, or compile personal information of other Users without their express consent;

7.13 Resell, license, sublicense, or otherwise commercialize access to the Services without Inflopick's prior written consent; or

7.14 Violate the terms of any third-party platform (including Shopify, TikTok, Meta/Instagram, or YouTube) while using the Services.

Violation of these prohibitions may result in immediate account suspension or termination and may expose you to civil or criminal liability.

8. Fees and Billing

8.1 No Buyer-Facing Fee

Inflopick charges no fee to Buyers for accessing or using the Platform.

8.2 Merchant Commission

Merchants are charged a Commission on each qualifying order placed through the Platform (including orders attributed to Creator Affiliate Links and orders placed via direct Merchant Storefront discovery). The Commission is equal to the Merchant-configured rate (minimum 8%, adjustable upward in 1% increments) multiplied by the pre-tax subtotal of the order, calculated before taxes and after any applicable discounts that reduce the pre-tax subtotal.

Where an order is attributed to a Creator, the Commission charged to the Merchant is allocated in full to that Creator's payout entitlement. Where an order is not attributed to any Creator, the Commission is retained by Inflopick. The Merchant pays the same Commission in either case; only the downstream allocation differs.

8.3 Billing Via Shopify Usage Charges

Commissions are collected via Shopify's Billing API using Usage Charges on a monthly billing cycle. By installing the Inflopick app and approving the billing terms during Shopify app installation, you authorize Inflopick to submit Usage Charges through Shopify against your Shopify billing account.

During installation, and at any time thereafter via account settings, Merchants configure a monthly Usage Charge cap. Cap behaviour is described in Section 8.8 (Cap Management). The cap limits Shopify-side billing exposure and is independent of the Merchant's underlying Commission liability, which accrues on each qualifying order regardless of cap status.

8.4 Commission Timing — 24 Hours After Order Creation

Commission accrues and becomes eligible to be submitted to Shopify as a Usage Charge 24 hours after the order is created in Shopify. Orders cancelled within this 24-hour window do not give rise to a Commission charge. After the 24-hour window, Commission is recorded against the Merchant's Shopify billing account for inclusion in the current monthly billing cycle, subject to the cap in Section 8.8.

Subsequent cancellations, refunds, or returns on a charged order are addressed through App Credits as described in Section 8.5, not by reversing the original Usage Charge.

8.5 Refunds, Cancellations, and App Credits

If an order on which Commission has already been submitted as a Usage Charge is subsequently cancelled, refunded, or returned in whole or in part, Inflopick will issue a Shopify App Credit to the Merchant equal to the Commission charged on the cancelled or refunded portion. App Credits apply automatically against the Merchant's next Shopify Usage Charge submissions.

App Credits are:

(a) usable only against future Inflopick Commission charges on the Merchant's Shopify billing account;

(b) non-transferable, non-refundable, and have no cash value;

(c) not redeemable as currency or convertible into a cash payment by Inflopick, Shopify, or any third party; and

(d) preserved across uninstallation and reinstallation of the Inflopick app on the same Shopify store, so that Merchants do not lose accrued credit balances if the app is temporarily removed.

Where the corresponding order was attributed to a Creator, any related held or available Creator payout entitlement is adjusted in accordance with Section 5.2.5.

8.6 Creator Payouts

For each order successfully attributed to a Creator, the Creator's payout entitlement equals the full pre-tax Commission charged to the Merchant on that order, calculated at the Merchant's then-current Commission rate applied to the pre-tax subtotal. Inflopick retains no portion of the Commission on attributed orders. Commission charged on orders that are not attributed to any Creator is retained in full by Inflopick.

Creator payout entitlements accrue and transition through the states described in Section 5.2.5. Available balances are remitted to Creators via Stripe Connect on Stripe's standard payout schedule. As described in Section 5.2.5, completion of Stripe's identity verification is a prerequisite to becoming an active Creator on the Platform; Inflopick does not support Creator Commission accrual for Creators who have not completed Stripe onboarding.

Creator payout amounts are calculated on the pre-tax Commission. Sales taxes collected on the Merchant's Usage Charge (as described in Section 8.7) are not part of the Creator's payout entitlement. Stripe's standard processing fees apply to payout transactions and are disclosed in the Stripe Connected Account Agreement. Inflopick is not responsible for fees charged by Stripe.

8.7 Taxes

8.7.1 Merchant Sales Taxes. Merchants remain solely responsible for determining, collecting, and remitting all sales taxes (GST, HST, PST, QST, and any other applicable tax) owed on their sales to Buyers. Inflopick's Commission is calculated on the pre-tax subtotal of each order and does not include, discharge, or account for any Buyer-side sales tax obligation. Inflopick makes no representation that using the Platform satisfies any Merchant's sales tax obligations to Buyers or to tax authorities.

8.7.2 Taxes on Inflopick Commission. Inflopick is a Canadian GST/HST registrant. Where applicable, Inflopick calculates and adds GST, HST, PST, or QST on its Commission at the rate corresponding to the Merchant's principal place of business in Canada, and bundles the applicable tax into the monthly Shopify Usage Charge submitted to the Merchant. The Merchant authorizes Inflopick to collect such taxes via Shopify billing and remit them to the relevant tax authorities in the ordinary course. The tax amount is shown on Inflopick's billing records and is available to Merchants for input tax credit purposes.

8.7.3 Creator Tax Reporting (T4A). Creator payouts are payments for services and may be reportable by Inflopick under the Canadian *Income Tax Act*. Where a Creator's aggregate paid-out entitlements to a Canadian-resident Creator meet or exceed CAD $500 in a calendar year, Inflopick is required to prepare a T4A Statement of Pension, Retirement, Annuity, and Other Income in respect of that Creator. Where this threshold is reached, Inflopick will request the tax information necessary to prepare and file the applicable T4A. Any such tax information is:

(a) collected solely for tax reporting purposes;

(b) encrypted at rest in Inflopick's systems;

(c) moved to restricted-access cold storage following submission of the applicable T4A filing; and

(d) purged in accordance with Canada Revenue Agency retention requirements (six years from the end of the relevant tax year).

Creators are solely responsible for reporting all Inflopick payout income on their personal or business tax return, regardless of whether a T4A is issued for the applicable year.

8.8 Cap Management

8.8.1 Monthly Usage Charge Cap. Each Merchant configures a monthly cap on Inflopick Usage Charges during onboarding. The cap may be adjusted by the Merchant at any time through the Merchant's Inflopick dashboard; adjustments take effect prospectively.

8.8.2 Effect of Reaching the Cap. When the Merchant's accrued Inflopick Commission for the current Shopify billing cycle reaches the configured cap:

(a) Inflopick pauses the Merchant's products from new Platform discovery and new Affiliate Link generation for the remainder of the billing cycle;

(b) in-flight orders already attributed and awaiting the 24-hour charge window in Section 8.4 are not affected; and

(c) paused products return to active discovery automatically at the start of the next Shopify billing cycle, or earlier if the Merchant raises the cap.

8.8.3 Creator Payout Entitlements During a Cap Pause. A cap pause affects only the creation of new attributed orders on paused products. Previously attributed orders continue to progress through the Creator payout lifecycle described in Section 5.2.5, unaffected by the Merchant's cap status.

8.9 Store Health Policy

8.9.1 Return-Rate Monitoring. Inflopick monitors each Merchant's order return rate on a rolling basis. The return rate is calculated as the proportion of attributed orders resulting in a full or partial refund or return within the Merchant's published return window.

8.9.2 Warning Threshold (20%). Where a Merchant's rolling return rate reaches or exceeds 20%, Inflopick will notify the Merchant in-app that the store's return performance is approaching the non-refundable threshold. Merchants are expected to take corrective action (for example, reviewing listings for accuracy, adjusting shipping practices, or re-examining product quality).

8.9.3 Non-Refundable Threshold (25%). Where a Merchant's rolling return rate exceeds 25%, Inflopick is not obligated to issue App Credits under Section 8.5 in respect of additional refunds or returns on that Merchant's orders while the return rate remains above 25%. Commission charged on orders that are subsequently refunded during this period is retained by Inflopick as a platform integrity measure.

8.9.4 Restoration. A Merchant whose return rate drops back below 25% automatically becomes eligible for App Credits on refunds occurring from that point forward. Past refunds occurring while the Merchant was above the 25% threshold are not retroactively creditable.

9. Social Account Connections

9.1 Supported Platforms

Creators may optionally connect the following Social Accounts to the Platform via OAuth:

• TikTok — scopes: user.info.basic, user.info.stats, user.info.profile, video.list (read-only)
• Instagram Business (via Instagram Login) — scopes: instagram_business_basic, instagram_business_manage_insights (read-only; Business and Creator accounts only)
• YouTube — scope: youtube.readonly (read-only; channel-level public data only)

9.2 Purpose and Scope of Access

Inflopick accesses Social Account data solely to display creator metrics (such as follower counts, engagement statistics, and content performance) within the Platform for the following purposes:

(a) displaying creator profile information to Merchants considering promotion partnerships;

(b) displaying aggregate follower counts to Buyers on creator profiles; and

(c) enabling Creators to review their own performance metrics in the Creator Dashboard.

We do not access your direct messages, post or delete content on your behalf, or use Social Account data for advertising targeting or any secondary purpose.

9.3 Data Handling and Caching

Inflopick caches social insights data retrieved via OAuth on a daily refresh cycle. Details of what data is cached, how it is stored, and with whom it is shared are set out in the Privacy Policy. Social Account data is designated as Meta Platform Data (for Instagram), TikTok data, and YouTube API Services data respectively, and is handled in accordance with the applicable platform developer policies.

9.4 Creator Control and Disconnection

You may disconnect any Social Account at any time from your account settings. Upon disconnection:

(a) Inflopick immediately ceases to access data from the disconnected Social Account;

(b) all cached insights data for the disconnected account is deleted from Inflopick's systems; and

(c) the Creator's profile metrics derived from that account will no longer be displayed on the Platform.

9.5 Third-Party Platform Terms

Your connection of a Social Account is also subject to the terms of service and developer policies of the relevant social platform:

• TikTok: TikTok Terms of Service (https://www.tiktok.com/legal/terms-of-service)
• Meta/Instagram: Meta Platform Terms (https://developers.facebook.com/terms/)
• YouTube/Google: YouTube Terms of Service (https://www.youtube.com/t/terms) and Google Privacy Policy (https://policies.google.com/privacy)

Inflopick's use of YouTube API Services is additionally governed by the YouTube Terms of Service. By connecting a YouTube account, you acknowledge that your use of YouTube data through the Platform is also subject to the YouTube Terms of Service.

9.6 No Scraping

Inflopick does not scrape, crawl, or otherwise access Social Account data through any means other than the OAuth API access explicitly authorized by the Creator. The OAuth grant does not authorize Inflopick to access data beyond the granted scopes.

10. Automated Decisions

10.1 Disclosure

Inflopick uses automated processing in the following functions, as required to be disclosed under article 12.1 of Quebec's *Act Respecting the Protection of Personal Information in the Private Sector* ("Law 25"):

(a) Creator Attribution Matching. When a Buyer completes a purchase through Shopify, Inflopick's system automatically matches the order to the Creator whose Affiliate Link the Buyer used, based on cart session identifiers passed as Shopify cart attributes. This matching determines which Creator (if any) is credited with the sale.

(b) Storefront and Product Popularity Ranking. The order in which Merchants and products appear in discovery surfaces is determined by an automated ranking process that draws on aggregated traffic, transaction, and trust signals.

(c) AI Recommendation Assistant. Inflopick uses an AI recommendation assistant (hosted on a Canadian cloud platform) to suggest Creators to Merchants and vice versa. No Buyer personal data is sent to the AI system.

10.2 Human Review

Where an automated decision materially affects your rights or interests (for example, account suspension based on automated fraud detection or a material commission attribution dispute), you have the right to request human review of that decision by contacting us at contact@inflopick.com. We will respond within 30 days.

10.3 Privacy Policy

For complete information on how automated processing uses personal information, including the types of data involved, see the Privacy Policy.

11. Communications and Email

11.1 Transactional Communications

By creating an account, you provide implied consent under CASL (Canada's *Anti-Spam Legislation*, SC 2010, c 23) to receive transactional electronic messages from Inflopick necessary to operate the Services. These include account confirmation, security alerts, order status updates sourced from Shopify, commission notifications, and messages required by applicable law. Transactional messages are sent to your registered email address.

Order confirmation, shipping, and fulfilment emails are sent directly by Shopify or the Merchant and are not Inflopick commercial electronic messages.

11.2 Marketing Communications

Inflopick will send marketing or promotional electronic messages only with your express prior consent, obtained through a separate opt-in at account creation or subsequently. You may withdraw consent at any time using the unsubscribe link included in every marketing email. Unsubscribe requests are honoured within 10 business days, as required by CASL.

11.3 Sender Identification

All commercial electronic messages sent by Inflopick will identify the sender as Inflopick (9557-4240 Quebec Inc.) and will include the physical mailing address registered with the Registraire des entreprises du Québec for the legal entity (maintained internally and included in the marketing email footer as required by CASL s.6(2)(b)), our contact email (contact@inflopick.com), and a functioning one-click unsubscribe mechanism on marketing messages. Marketing email is delivered through a third-party marketing email provider that supports CASL and RFC 8058 (Gmail/Yahoo bulk-sender) unsubscribe requirements natively and processes unsubscribe requests within seconds. Transactional email is delivered separately through a Canadian cloud platform.

11.4 In-App and Email Notifications

Inflopick sends in-app and email notifications to inform you of activity relevant to your account (for example, new messages, order events, creator application events, payout events, and promotion request updates). Transactional in-app notifications that are essential to the operation of the Services (such as security alerts, order status, commission and payout events, and compliance notices) are part of the core service and cannot be fully disabled while you have an active account.

11.5 Notification Preferences

Buyers, Creators, and Merchants may manage their non-essential notification preferences through the Notification Preferences page in account settings. From that page, you may enable or disable delivery of specific categories of non-essential notifications (including email delivery of those categories). The specific categories and channels available may evolve as the Platform adds features; the live list in your Settings is authoritative.

Marketing and promotional electronic messages are separately governed by Section 11.2 and may be unsubscribed from using the unsubscribe link in any such message, regardless of your in-app notification preferences.

12. Third-Party Services

12.1 General

The Services integrate with or rely on a number of third-party services, including but not limited to:

• Shopify — merchant store integration, Buyer checkout, and commission billing (https://www.shopify.com/legal/terms)
• Stripe — identity verification and creator payouts (https://stripe.com/en-ca/legal)
• A chat infrastructure provider — in-platform messaging
• A Canadian cloud platform — blob storage (chat file attachments, Merchant-uploaded product documents), AI recommendation assistant, and transactional email delivery
• A marketing email provider — marketing email delivery (see Section 11.3)
• TikTok, Meta/Instagram, YouTube/Google — Social Account OAuth integrations (see Section 9)

12.2 Your Relationship with Third Parties

Your use of third-party services through or in connection with the Platform is also governed by those services' own terms of service and privacy policies. Inflopick is not responsible for the practices, availability, or content of third-party services. We encourage you to review the terms and privacy policies of any third-party service you use in connection with the Platform.

12.3 Third-Party Content

The Platform may include links to third-party websites or content. Inflopick does not endorse and is not responsible for any third-party websites, content, products, or services linked to or accessible from the Platform.

13. Disclaimers

13.1 "As Is" Service

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFLOPICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

13.2 No Warranty on Merchant Products

Inflopick makes no warranty, guarantee, or representation regarding any product listed by a Merchant, including its quality, safety, legality, description, or fitness for any purpose. All product representations are made by Merchants and Inflopick accepts no liability therefor.

13.3 Service Availability

Inflopick does not warrant that the Services will be available at all times, uninterrupted, error-free, or free from viruses or other harmful components. Inflopick may suspend or discontinue the Services, or any feature thereof, at any time with reasonable notice where practicable.

13.4 Quebec Consumer Rights Preserved

Nothing in this Section 13 limits or excludes any right or remedy available to a consumer under the Quebec *Consumer Protection Act* or any other mandatory consumer protection law. To the extent any disclaimer is unenforceable under applicable mandatory law, it is severed to the minimum extent necessary.

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INFLOPICK, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF INFLOPICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFLOPICK'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO INFLOPICK IN THE 6 MONTHS PRECEDING THE CLAIM; (B) THE COMMISSIONS PAID BY INFLOPICK TO YOU IN THE 6 MONTHS PRECEDING THE CLAIM; OR (C) CAD $100.

14.3 Quebec Consumer Carve-Out

Notwithstanding Sections 14.1 and 14.2, the limitations in this Section 14 do not apply to the extent they are prohibited by the Quebec *Consumer Protection Act* or other mandatory consumer protection law applicable to a Buyer. Quebec consumers' statutory rights are preserved in full.

14.4 Essential Basis of Bargain

The disclaimers and limitations in Sections 13 and 14 reflect a reasonable allocation of risk between Inflopick and its Users and form an essential basis of the agreement between us. The Services would not be provided on the same terms without these limitations.

15. Indemnification

15.1 User Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Inflopick, its parent, subsidiaries, directors, officers, employees, and agents from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

(a) your use of the Services in breach of these Terms;

(b) your Content, including any claim that your Content infringes a third party's intellectual property or other rights;

(c) your violation of any applicable law or regulation, including consumer protection obligations you owe your own customers (Merchants) or the merchants and buyers you interact with (Creators);

(d) any dispute between you and another User; or

(e) your wilful misconduct or negligence.

15.2 Inflopick Cooperation

Inflopick will notify you promptly of any claim subject to indemnification and will cooperate reasonably in the defence of such claim. Inflopick reserves the right to assume control of the defence at any time at its own expense, in which case you will cooperate with Inflopick as reasonably requested.

15.3 Limitation

Section 15.1 does not apply to claims caused by Inflopick's own gross negligence or wilful misconduct.

16. Termination

16.1 Termination by User

You may close your account at any time by using the account deletion function in your account settings or by contacting contact@inflopick.com. Account deletion will be processed within a reasonable time.

16.2 Termination by Inflopick

Inflopick may suspend or terminate your account, or your access to part or all of the Services, at any time if:

(a) you breach any provision of these Terms, including the Prohibited Conduct in Section 7;

(b) we reasonably suspect fraudulent, abusive, or illegal activity;

(c) a Merchant's Shopify store is disconnected or ceases to be active and there is no other justification for maintaining the account;

(d) you repeatedly infringe third-party intellectual property rights; or

(e) required to do so by applicable law or a valid legal order.

Content and Listing Removal. Inflopick may remove, disable, hide, or otherwise restrict access to any Content, Listing, Affiliate Link, or other material posted by you that Inflopick reasonably determines violates these Terms, applicable law, or a third party's rights. Such removal may occur immediately and without prior notice and does not by itself terminate your account.

Account Suspension or Termination. Where Inflopick suspends or terminates your account (as distinct from removing specific Content or Listings), and where practicable and lawful, Inflopick will give reasonable advance notice and an opportunity to cure material breaches within 7 calendar days of the notice. The cure period does not apply to breaches that are not capable of cure, including fraud, illegal activity, violation of a legal order, repeated or continuing breaches that have not been cured after prior notice, or conduct that imposes an immediate risk to the Services, to Users, or to third parties — for which Inflopick may suspend or terminate immediately.

16.3 Effect of Termination

On termination of your account:

(a) your right to access and use the Services ceases immediately;

(b) the licence you granted Inflopick over your Content (Section 6.2) terminates, except that: (i) Inflopick may retain Content that forms part of another User's chat history for the duration of that User's account and subject to the retention limits in the Privacy Policy; and (ii) anonymized aggregated data derived from your Content may be retained as described in Section 6.3;

(c) Inflopick will retain tax-relevant and commission records (orders, commission charges) for 7 years from the date of the relevant transaction, as required by CRA tax compliance obligations, in anonymized or minimized form after your PII is deleted;

(d) any outstanding commission charges due from a Merchant at the date of termination remain payable; and

(e) any accrued but unpaid Creator commission balance will be addressed in accordance with the payout process available at the time of termination.

16.4 Survival

The following sections survive termination: 2 (Definitions), 6.3–6.4 (Content and IP), 8 (fees and billing obligations accrued before termination), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16.3 (Effect of Termination), 17 (Governing Law and Disputes), and 18 (Language).

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

17.2 Preferred Resolution — Mediation

We encourage Users to contact us at contact@inflopick.com before initiating any formal legal proceeding. In the event of a dispute, both parties agree to make reasonable efforts to resolve it through good-faith negotiation. Where negotiation is unsuccessful, the parties agree to attempt mediation with a mutually agreed mediator in Montreal, Quebec before commencing litigation.

17.3 Courts

Subject to Section 17.4, any dispute that is not resolved through negotiation or mediation will be subject to the exclusive jurisdiction of the courts of the Province of Quebec, sitting in Montreal.

17.4 Quebec Consumer Rights Preserved

Nothing in this Section 17 limits any right of a Quebec consumer to bring a claim before a court or other body of competent jurisdiction in Quebec under the *Consumer Protection Act* or other mandatory Quebec law. Mandatory consumer dispute resolution rights cannot be contracted out of and are unaffected by these Terms.

18. Language

18.1 English Version

These Terms are currently available in English only.

18.2 French Translation — Pre-Launch Obligation

In compliance with the *Charter of the French Language*, RLRQ c C-11 (as amended by Bill 96), Inflopick will publish a French-language version of these Terms and the Privacy Policy before the Platform is made broadly available to Quebec consumers.

18.3 Governing Language

Once the French version is published, the French-language Terms will govern for Quebec consumers in all matters where both versions exist. In the interim period where only the English version exists, the English version governs for all Users.

18.4 Requests

Until the French version is published, Quebec-resident Users who require these Terms in French may contact us at contact@inflopick.com to request a draft or to obtain assistance in French.

19. Changes to These Terms

19.1 Right to Amend

Inflopick may amend these Terms from time to time as the Services evolve or as required by applicable law.

19.2 Notice of Material Changes

For any change that materially affects your rights or obligations (including changes to fees, liability terms, dispute resolution, or data use), Inflopick will provide at least 30 days' advance written notice by:

(a) email to your registered address; or

(b) prominent in-platform notification.

The notice will describe the nature of the change and the effective date.

19.3 Acceptance

Your continued use of the Services after the effective date of a material change constitutes your acceptance of the updated Terms. If you do not accept the change, you must close your account before the effective date in accordance with Section 16.1. For Quebec consumers, this provision is applied in a manner consistent with sections 219–221 of the *Consumer Protection Act*.

19.4 Minor Changes

Changes that do not materially affect your rights or obligations (such as typographical corrections or clarifications that do not alter meaning) may be made without advance notice. The "Last Updated" date at the top of these Terms will reflect any change.

20. Contact Information

For questions about these Terms or the Services, please contact:

Inflopick (9557-4240 Quebec Inc.)
Montréal, Québec, Canada
Email: contact@inflopick.com

Inflopick operates as an online platform; primary contact is by email. Inflopick maintains a physical mailing address on file with the Registraire des entreprises du Québec for the legal entity and includes that address in every Inflopick-originated commercial electronic message as required by CASL s.6(2)(b).

For privacy-related inquiries, including access requests and complaints, contact our Data Protection Contact at the same email address. Further details on exercising your privacy rights are set out in the Privacy Policy.

For DMCA / Notice and Notice copyright concerns, see Section 6.5.