These Terms of Service ("Terms") govern your access to and use of the Carti application ("App"), provided by Carti (doing business as "Carti") ("we," "our," or "us"). By installing or using the App, you ("Merchant") agree to be bound by these Terms.
If you do not agree to these Terms, you may not use the App.
1. Eligibility and Scope
The App is designed for use by Shopify merchants. By using the App, you represent that you are a business legally capable of entering into contracts.
End customers who interact with your shop through the App's chat functionality are governed by your own terms of service and policies. You are solely responsible for ensuring your customers' compliance.
2. Service Description
The App provides merchants with customer support functionality, AI-assisted chat features, and integration with Shopify store data. We may enhance, update, or modify the App at any time.
We make commercially reasonable efforts to keep the App available and functional but do not guarantee uninterrupted or error-free service. Availability may be affected by factors beyond our control, including third-party providers and force majeure events.
3. Pricing and Payment
The App may be offered under free or paid subscription tiers. Pricing, billing cycles, and payment terms will be disclosed at the time of subscription.
Fees are billed in accordance with Shopify's billing system. You authorize Shopify to charge applicable fees to your account.
We may update pricing from time to time, with reasonable notice provided to you before changes take effect.
4. AI Usage Disclaimer
The App uses automated artificial intelligence technologies to generate responses and suggestions.
AI outputs may contain inaccuracies or errors. You are solely responsible for reviewing, validating, and determining the appropriateness of AI-generated content.
The App does not provide legal, medical, financial, or other regulated professional advice.
We are not liable for damages or claims arising from reliance on AI-generated content.
5. Acceptable Use
You agree not to use the App for:
- Illegal, fraudulent, or deceptive purposes.
- Harassment, hate speech, or abusive conduct.
- Infringement of third-party intellectual property or privacy rights.
- Attempting to circumvent or interfere with App security.
- Any use that violates Shopify's Acceptable Use Policy.
We may suspend or terminate your access immediately if we believe you are violating these terms.
6. Data Ownership and Processing
You retain ownership of all data submitted through your Shopify store, including customer information ("Merchant Data").
We act as a data processor on your behalf, processing Merchant Data solely to provide the App's functionality.
You grant us a limited license to store, process, and transmit Merchant Data only as necessary to operate the App.
Data will be retained and deleted in accordance with our Privacy Policy.
7. Termination and Suspension
We may immediately suspend or terminate your access to the App if you:
- Fail to pay fees when due.
- Violate these Terms or applicable laws.
- Pose a security risk to the App or its users.
For other terminations, we will provide reasonable notice.
Upon termination, data will be deleted or anonymized per our retention policies, though some information may be retained as required by law.
8. Intellectual Property
All rights, title, and interest in the App, including trademarks, logos, and software, remain with Carti and its licensors. You may not copy, modify, reverse-engineer, or distribute any part of the App except as expressly permitted by us.
9. Limitation of Liability
To the fullest extent permitted by law, Carti's total liability arising out of or related to the App will not exceed the greater of (a) the fees you paid for the App in the 12 months prior to the claim, or (b) one hundred dollars (USD $100) if you paid no fees.
We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business interruption.
We specifically disclaim liability for claims related to AI-generated content.
10. Indemnification
You agree to indemnify, defend, and hold harmless Carti from any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to:
- Your misuse of the App.
- Your violation of these Terms or applicable law.
- Your customers' use of AI-generated outputs or interactions.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
Any dispute arising under these Terms shall be resolved through binding arbitration in Florida, except where prohibited by law. You waive the right to participate in class actions or jury trials to the maximum extent permitted.
12. Changes to Terms
We may update these Terms from time to time. Substantive changes will be provided with at least 30 days' notice before taking effect. Continued use of the App after changes constitutes acceptance of the updated Terms.
13. Contact Information
For questions about these Terms, contact us at:
Email: support@heycarti.com