Terms of Service

01Agreement to these terms

These Terms of Service (‘Terms’) are a binding agreement between you and [Legal Entity Name] (‘epiphanies,’ ‘we,’ ‘us,’ or ‘our’) governing your access to and use of the epiphanies application, website, and related services (the ‘Services’). By installing, accessing, or using the Services — including by clicking to install from the Shopify App Store — you agree to these Terms. If you are agreeing on behalf of a business, you represent that you have authority to bind that business.

02Definitions

• ‘Customer Data’ means data from your Shopify store and data you submit to the Services.
• ‘Store’ means the Shopify store you connect to the Services.
• ‘Plan’ means the subscription tier (for example, Starter or Pro) you select.
• ‘Documentation’ means our published guides and help materials.

03The Services and license

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during your subscription term. We may update, improve, or modify the Services over time.

04Accounts and your responsibilities

• You are responsible for activity under your account and for keeping your credentials secure.
• You are responsible for the accuracy of configuration you provide, including cost data and thresholds.
• You will use the Services in compliance with applicable laws and Shopify’s terms.
• You must notify us promptly of any unauthorized use or suspected security issue.

05Shopify connection

The Services connect to your Store through Shopify’s APIs using the permissions you grant on install. You authorize us to access and process Customer Data as needed to provide the Services. Your use of Shopify remains governed by your agreement with Shopify, and you are responsible for maintaining your Shopify account.

06Plans, billing, and payment

• Subscriptions are offered on flat monthly Plans (for example, Starter and Pro). Pricing is shown on our website and at install.
• Billing is handled through Shopify and appears on your Shopify invoice. By subscribing, you authorize Shopify to charge the applicable fees.
• If we offer a free trial, your paid subscription begins automatically when the trial ends unless you cancel before then.
• Subscriptions renew automatically each billing period until cancelled. You can upgrade, downgrade, or cancel from your Shopify admin; changes take effect at the next billing cycle.
• Fees are exclusive of taxes, which you are responsible for where applicable.
• Except where required by law, fees are non-refundable. We may change pricing on prospective notice, effective at your next renewal.

07Acceptable use

You agree not to: (a) resell or provide the Services to third parties except your authorized users; (b) reverse engineer, scrape, or attempt to derive source code or circumvent usage limits; (c) copy, modify, or create derivative works of the Services; (d) upload unlawful, infringing, or harmful content or code; or (e) use the Services to build a competing product or for any unlawful purpose.

08Customer Data and ownership

As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive license to host, process, and use Customer Data to provide, secure, and improve the Services and to perform our obligations under these Terms.

The Services include AI-generated insights that summarize and prioritize your computed metrics. These insights are produced from your data; you are responsible for reviewing them before acting. We may create and use aggregated or de-identified data that does not identify you or any individual for analytics and product improvement.

09Intellectual property

We and our licensors own all rights, title, and interest in the Services, including all software, models, and content we provide, and all related intellectual property. All rights not expressly granted to you are reserved. If you send us feedback, you grant us a perpetual, royalty-free license to use it.

10Third-party services

The Services may interoperate with third-party services you choose to connect, such as Shopify, Slack, or Klaviyo. We do not control and are not responsible for third-party services, which are governed by their own terms. We do not guarantee continued interoperability.

11Confidentiality

Each party may access the other’s confidential information. The receiving party will use it only to perform under these Terms and will protect it with at least reasonable care, except where disclosure is required by law.

12Disclaimers

THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Forecasts, reorder suggestions, profit figures, and AI insights are estimates and decision-support tools based on your data and statistical models. They are not guarantees of future results, and they are not accounting, tax, financial, or legal advice. You are responsible for your business decisions. We do not warrant that the Services will be uninterrupted, error-free, or will produce particular outcomes.

13Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE FEES YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Services in breach of these Terms, or your violation of law or third-party rights, except to the extent caused by us.

15Term and termination

These Terms apply while you use the Services. You may stop using and uninstall the Services at any time. We may suspend or terminate access for material breach, non-payment, or to comply with law. On termination, your license ends and we will delete or de-identify Customer Data as described in our Privacy Policy and Shopify’s erasure requirements. Provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

16Changes to the Services and Terms

We may modify the Services and may update these Terms from time to time. We will post the updated Terms with a new effective date and, where appropriate, provide notice. Your continued use after changes take effect constitutes acceptance.

17Governing law and disputes

These Terms are governed by the laws of [State/Country], excluding its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [Venue], except that either party may seek injunctive relief to protect its intellectual property or confidential information. [If you prefer binding arbitration, replace this section with an arbitration clause reviewed by counsel.]

18General

• These Terms, with our Privacy Policy, are the entire agreement between you and us regarding the Services.
• If any provision is unenforceable, the rest remains in effect.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.
• Our failure to enforce a provision is not a waiver.

19Contact us

Questions about these Terms? Contact [Legal Entity Name] at support@getepiphanies.ai or [Business Address].