Terms of Service

1. Agreement

These Terms of Service (the "Terms") constitute a binding agreement between you, the Shopify merchant or authorised user ("Merchant", "you"), and Marvyn AI ("Marvyn", "we", "us"). By installing the Marvyn AI Shopify app, creating an account on marvyn.co, or otherwise using the service, you agree to these Terms and to our Privacy Policy. If you do not accept the Terms, do not install or use the service.

2. Service Description

Marvyn AI provides an AI-powered chatbot and automation platform that integrates with Shopify stores. Features include conversational support, product recommendations, analytics, knowledge base ingestion, and integrations with third-party models.

Marvyn may update or modify features from time to time. Material changes that reduce core functionality will be communicated in advance when practicable.

3. Access & Accounts

• You must be at least 18 years old and authorised to bind the Merchant to these Terms.
• When installing the Shopify app or creating a web account, you must provide accurate information and keep credentials confidential.
• You are responsible for all activity under your accounts, including authorised staff or agencies.
• We may suspend accounts for suspected misuse, security issues, or unpaid invoices.

4. Merchant Obligations

• Ensure your use of the service complies with applicable law, Shopify's Terms of Service, and Shopify’s Partner Program policies.
• Provide only content and training data you have the right to use and that does not infringe third-party rights.
• Configure chatbot responses, knowledge base content, and integrations to meet your compliance obligations (e.g., disclosures, marketing consents).
• Promptly act on deletion or data access requests from your customers. We will assist where required.

5. Acceptable Use

You must not:

• Use the service to generate illegal, discriminatory, or harmful content.
• Upload malware, attempt unauthorised access, or disrupt our infrastructure.
• Probe, scan, or test the vulnerability of the service without written consent.
• Misrepresent AI-generated responses as human advice without required disclosures where applicable.
• Process sensitive personal data (e.g., payment card data, health records) unless required for your business and lawful.

We may suspend or rate-limit your access if usage threatens service stability or violates policy.

6. Plans, Billing & Trials

• Pricing is shown in-app and may be charged either through Shopify Billing or directly through our site, depending on your plan.
• Recurring subscriptions are billed in advance and continue until cancelled. Charges made through Shopify are handled in accordance with Shopify’s billing terms.
• Trials convert to paid plans at the published rate unless you uninstall or cancel before the trial ends.
• All fees are non-refundable except as required by law. If you believe a charge is incorrect, contact billing@marvyn.co within 30 days.
• We may change pricing with at least 30 days’ notice. Continued use after the effective date constitutes acceptance.

7. Term & Termination

• These Terms remain in effect while you maintain an account or keep the Shopify app installed.
• You may terminate by uninstalling the app and deleting your web account. Outstanding fees remain payable.
• We may terminate or suspend access for breach of the Terms, non-payment, or to comply with law.
• Upon termination we will deactivate access, revoke API tokens, and remove your store data according to our Privacy Policy.

8. Intellectual Property

• Marvyn retains all rights to the service, software, and branding. You receive a non-exclusive, revocable licence to use the service while compliant with the Terms.
• You retain ownership of your store content, chat transcripts, and training materials. You grant Marvyn a licence to host, process, and display that content to deliver the service.
• Feedback or suggestions may be used by Marvyn without obligation.

9. Data Protection

Our data practices are described in the Privacy Policy. By using the service you authorise us to process customer and store data as your service provider. You remain the controller of merchant and shopper data, responsible for honouring privacy requests.

If you require a Data Processing Agreement or Shopify Data Processing Addendum, contact privacy@marvyn.co.

10. Warranties & Disclaimers

• The service is provided "as is" and "as available" without warranties of any kind, express or implied.
• We do not guarantee uninterrupted availability or that the AI-generated responses will be accurate, lawful, or appropriate for every situation. You are responsible for reviewing and supervising responses.
• We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

11. Limitation of Liability

To the fullest extent permitted by law, Marvyn’s aggregate liability arising out of or relating to the service is limited to the greater of (a) the amounts paid by you to Marvyn in the 12 months preceding the claim, or (b) USD $500. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, even if we have been advised of the possibility of such damages.

12. Indemnification

You will defend, indemnify, and hold harmless Marvyn, its officers, employees, and agents from any claims, damages, liabilities, and expenses arising from (a) your use of the service; (b) your violation of these Terms; or (c) your content or data, including claims that it infringes third-party rights.

13. Support & Service Levels

Support tiers are described in your plan. We target high availability but do not guarantee specific uptime unless separately agreed in writing.

14. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Any dispute will be resolved in the courts located in Toronto, Ontario, unless Shopify’s mandatory terms require a different venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. General

• These Terms constitute the entire agreement between you and Marvyn regarding the service.
• If any provision is deemed unenforceable, the remaining provisions remain in effect.
• Neither party may assign these Terms without written consent, except Marvyn may assign to a successor in connection with a merger or sale of assets.
• Notices may be delivered via email, in-app messaging, or posting within the dashboard.

16. Contact

Marvyn AI
Email: legal@marvyn.co
Support portal: marvyn.co/contact