Shopify Tax Terms of Service

Last updated: August 1, 2024

By using Shopify Tax, you are agreeing to be bound by these Shopify Tax Terms of Service (“Tax Terms”), which are applicable to all regions where Shopify Tax is made available, in addition to the Shopify Terms of Service and the Shopify Privacy Policy. As used in these Tax Terms, “we”, “our”, “us” or “Shopify” means Shopify Inc. and its Affiliates, where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc. “Merchant”, “you” or “your” means any individual or legal entity that uses Shopify Tax. Other capitalized terms have the meaning set forth herein.

Please read these Tax Terms carefully, as they are a legally binding agreement between you and Shopify. By using Shopify Tax on your Store, you agree to be bound by these Tax Terms. Any new features or tools which are added to the current Shopify Tax offering shall also be subject to these Tax Terms.

Shopify reserves the right to update and change these Tax Terms by posting updates and changes to the Shopify website, and such amendments to the Tax Terms are effective as of the date of posting. We may update these Tax Terms from time to time, so please check back for any changes that may impact you. Your continued use of Tax Terms after the amended Tax Terms are posted constitutes your agreement to, and your acceptance of, the amended Tax Terms. If you do not accept any such updates or changes, you must stop using Shopify Tax.

1. Shopify Tax Services

Shopify’s tax compliance tools (“Shopify Tax”) help Merchants calculate or estimate Sales Taxes, and where applicable, generate invoices, reports or insights that aid in Sales Taxes compliance. For clarity, Shopify Tax is inclusive of all services or systems provided by Shopify to assist Merchants in the determination and collection of Sales Taxes.
“Sales Taxes” means applicable taxes, including but not limited to sales and use tax, goods and services tax, value-added tax and other similar taxes that arise from or as a result of a sale on your Store. “Store” means the online store and/or physical retail location(s) associated with your Shopify account.

2. Merchant Obligations

You agree to share with Shopify all of the information necessary to allow Shopify to provide the Shopify Tax services. This includes information regarding, but not limited to, your Store, business, customers (each, a “Customer”), inventory and fulfillment locations, product categories, sales data (including data imported from sales channels outside of Shopify), and any applicable tax exemptions. Your use of Shopify Tax, including information transmitted or stored by Shopify, is governed by the Shopify Privacy Policy.
You are solely responsible for ensuring that your use and sharing of any personal information (collectively, “Personal Data”) relating to a Customer complies with applicable laws and your privacy policy. You agree to (i) provide clear and complete information to Customers regarding your collection, use and disclosure of Personal Data; and (ii) comply with all applicable laws regarding privacy and data collection with respect to any collection, use or disclosure of Personal Data.
Pricing for Shopify Tax is set out in your Shopify administrative console (the “Shopify Admin”). You agree that you will pay the applicable fees for Shopify Tax (the “Fees”). All Fees will be added to your next Shopify invoice. You are responsible for any applicable Taxes (as defined in the Shopify Terms of Service) associated with the Fees.
Shopify will, from time to time, charge your payment method for the aggregate Fees you have incurred on Shopify Tax. If we are unable to collect payment from you for the invoiced Fees, you will not be able to continue using Shopify Tax until such Fees are paid. You authorize Shopify to charge the payment method used to pay for your Shopify account for any Fees incurred in relation to Shopify Tax in accordance with these Tax Terms. You will be responsible for payment in the event your payment method fails or we are otherwise unable to collect payment from you. An invoice will appear on the account page in your Shopify Admin. You have approximately two weeks to bring up and settle any issues with the billing of Fees.
We reserve the right to charge additional fees or otherwise change the Fees for Shopify Tax at any time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending you an email to your Primary Email Address, providing notice through the Shopify Admin, or by similar means. If you continue using Shopify Tax, then you will be deemed to have accepted the additional fees or change in Fees contemplated by such notice. Shopify will not be liable to you or to any third party for any modification, price change, suspension or discontinuation of Shopify Tax (or any part thereof). “Primary Email Address” means the email address you provide on opening a Shopify account or as updated by you from time to time as the primary method for communication with you.
You are solely responsible for all aspects of tax compliance and obligations related to your Store, including without limitation, the determination, collection, withholding, reporting, and remittance of Sales Taxes in an accurate and timely manner. You are solely responsible for the classification of products you sell and determining the appropriate Sales Tax treatment of such products. You bear full responsibility to determine the applicability of the output generated by Shopify Tax, confirm its accuracy and ensure compliance with tax laws.
You agree to comply with all applicable laws, including local and international tax regulations, related to your Store and all goods or services offered through your Store. You will not rely solely on the use of Shopify Tax in calculating any taxes or fees owed or otherwise complying with any laws or regulations. You are solely responsible for any liabilities, penalties, or interest imposed on you, whether resulting from your use of Shopify Tax or otherwise.
You are responsible for ensuring that you maintain documentation of all relevant tax information, including but not limited to records of determining, calculating, collecting, withholding, reporting, and remitting all Sales Taxes to the appropriate tax authorities in accordance with applicable laws.
You represent and warrant that the tax registration number and all other information you provide to us are accurate and current, and you will immediately update any such information in the event of changes. We reserve the right to confirm the validity of your seller account information and request additional information from you or information provided to government authorities. You agree to provide information to us upon request within the time period prescribed.
These Tax Terms do not create a partnership, joint venture, agency, or fiduciary relationship between the parties. Merchant acknowledges and agrees that Shopify does not, and shall not be deemed to, provide tax or legal advice in providing Shopify Tax. You are responsible for conducting your own due diligence, seeking the assistance of a qualified legal, tax, or accounting professional and any tax policies and tax reporting positions taken.
Shopify makes no guarantees to you in relation to the availability or uptime of Shopify Tax and Shopify Tax is not obligated to provide any maintenance, technical or other support related thereto. Shopify does not guarantee the availability, accuracy, completeness, reliability or timeliness of any data or information displayed in connection with Shopify Tax. To the extent you choose to use Shopify Tax, you are responsible for your reliance on any such data or information.

3. Term and Termination

These Tax Terms are effective upon the date you accept these Tax Terms and shall continue as long as you use Shopify Tax on your Store (the “Term”) or until terminated in accordance with this Section 3. Except as expressly permitted by Shopify, upon termination or expiration of these Tax Terms, you will immediately cease all use of Shopify Tax.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Tax Terms, we may terminate these Tax Terms at any time without notice to you and accordingly we may terminate your access to Shopify Tax or any part thereof.
We reserve the right to modify, suspend or terminate Shopify Tax, or any part of Shopify Tax, or your ability to use Shopify Tax at any time, for any reason, without notice to you. We reserve the right to refuse service to anyone for any reason at any time.
Upon termination of your use of Shopify Tax or termination of these Tax Terms for any reason, the following sections shall survive termination: Sections 2, 3, 5 and 6.

4. Representations and Warranties

By using Shopify Tax, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you have the legal power to enter into and perform the obligations under these Tax Terms, and the person accepting these Tax Terms on behalf of Merchant has been duly authorized to do so; (iii) the information you provide to Shopify in using Shopify Tax is true and correct; (iv) your use of Shopify Tax is not in violation of any obligation imposed on you; and (v) you will not use Shopify Tax for any fraudulent, unlawful or abusive purpose.

5. Limitation of Liability; Disclaimer of Warranties

Shopify provides no representation, warranty, guarantee, or advice, and we expressly disclaim any responsibility to verify, the following: (a) the accuracy or completeness of the tax rules or methodologies in Shopify Tax; (b) the application of taxes to your goods or of the tax jurisdiction assigned sales tax rates; and (c) whether or not the amounts collected pursuant to Shopify Tax satisfy your obligations to collect Sales Taxes or other taxes.
Shopify provides access to Shopify tax on an “as is” and “as available” basis. to the maximum extent permitted by applicable law, Shopify makes no representations or warranties of any kind regarding Shopify tax. Shopify disclaims all representations and warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or warranties that may arise by usage of trade, course of dealing, or course of performance. Shopify shall have no liability whatsoever arising from or relating to your use of Shopify tax, including but not limited to any direct, special, exemplary, punitive, indirect, incidental or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data or other tangible or intangible losses of any kind, whether based in contract, tort, strict liability or otherwise, arising out of or in any way connected with Shopify tax. in no event shall Shopify’s entire liability to you exceed the price paid by you for Shopify tax.
You agree to indemnify, defend and hold harmless Shopify, its Affiliates or its and their respective employees, agents, suppliers, partners, officers, directors and independent contractors, from all claims, losses, damages, penalties, liability and costs, including reasonable attorneys’ fees, of any kind or nature arising out of or related to a claim: (a) alleging that your use of Shopify Tax violates applicable law or infringes or violates the rights of a third party; (b) arising out of your breach of these Tax Terms or the documents it incorporates by reference; (c) arising out of any unauthorized use of Shopify Tax, or any of your actions or omissions relating to Shopify Tax; or (d) arising out of any data uploaded by you or on your behalf in connection with Shopify Tax. Any use by you of Shopify Tax is entirely at your own risk and discretion.

6. Miscellaneous

In addition to other prohibitions set forth in these Tax Terms, you are prohibited from using Shopify Tax: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or local laws, regulations, rules or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious or destructive code; or (g) to reproduce, duplicate, copy, sell, resell or exploit any portion of Shopify Tax. We reserve the right to terminate your use of Shopify Tax for violating any of these prohibited uses.
These Tax Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Tax Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Tax Terms and is hereby expressly excluded.
The failure of Shopify to exercise or enforce any right or provision of these Tax Terms shall not constitute a waiver of such right or provision. If a court finds any portion of these Tax Terms to be enforceable or invalid, that portion of the Tax Terms will be enforced to the fullest extent permitted by applicable law and the remainder of the Tax Terms will remain valid and enforceable.
You may not assign these Tax Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Tax Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Tax Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.