Terms of Service

Last updated: December 19, 2024

1. Acceptance of Terms

By installing, accessing, or using Sigma AI ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the Service.

These Terms constitute a legally binding agreement between you and MerchantsAI ("we", "our", "us") regarding your use of the Sigma AI Shopify application.

2. Description of Service

Sigma AI is an AI-powered chat widget for Shopify stores that:

  • Provides automated customer support through conversational AI
  • Offers personalized product recommendations based on customer queries
  • Assists customers with shopping-related questions
  • Delivers analytics and insights about customer interactions

3. Account and Installation

  • You must have a valid Shopify store to use Sigma AI
  • You are responsible for maintaining the security of your Shopify account
  • You must provide accurate information during installation
  • One installation per Shopify store

4. Acceptable Use

You agree NOT to use Sigma AI to:

  • Sell illegal products, services, or content
  • Engage in fraudulent, deceptive, or misleading activities
  • Distribute malware, spam, or harmful content
  • Violate Shopify's Terms of Service or Acceptable Use Policy
  • Collect personal data without proper consent or legal basis
  • Harass, abuse, or harm others
  • Infringe upon intellectual property rights
  • Attempt to reverse engineer, hack, or exploit the Service

We reserve the right to suspend or terminate your access if you violate these terms.

5. AI Service Limitations

You acknowledge and agree that:

  • AI responses may be inaccurate: The AI assistant may occasionally provide incorrect, incomplete, or misleading information. You are responsible for reviewing and verifying AI-generated content.
  • No guarantee of availability: The Service depends on third-party AI providers (OpenAI, Anthropic, Google) and may experience downtime or service interruptions.
  • Not a replacement for human support: Sigma AI is intended to assist, not fully replace, human customer service for complex issues.
  • Content responsibility: You are responsible for the prompts, configurations, and customizations you provide to the AI agent.

6. Pricing and Billing

  • Pricing is displayed in the Shopify App Store and within the application
  • Billing is handled through Shopify's billing system
  • Usage limits apply based on your subscription plan
  • We reserve the right to change pricing with reasonable notice
  • No refunds for partial months or unused features

7. Intellectual Property

  • Sigma AI and its technology remain the property of MerchantsAI
  • You retain ownership of your store content, products, and customer data
  • You grant us a limited license to process your data solely to provide the Service
  • AI-generated responses are provided for your use but are not exclusively owned by you

8. Privacy and Data

Your use of Sigma AI is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

Key points:

  • We delete all your data immediately when you uninstall the app
  • Your database is hosted in the EU (Frankfurt)
  • We do not sell your data to third parties

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
  • WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
  • MERCHANTSAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
  • OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless MerchantsAI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content or configurations you provide to the Service

11. Termination

  • By you: You may uninstall Sigma AI at any time through your Shopify admin. Upon uninstallation, your data will be deleted immediately.
  • By us: We may suspend or terminate your access if you violate these Terms, engage in abusive behavior, or fail to pay applicable fees.
  • Effect of termination: Upon termination, your right to use the Service ceases immediately, and we will delete your data as described in our Privacy Policy.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, through the Shopify admin or email. Continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts in Berlin, Germany.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MerchantsAI regarding the use of Sigma AI and supersede any prior agreements.

16. Contact Us

For questions about these Terms:

MerchantsAI
Email: hello@umerkhan.eu

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