**Last Updated: February 9, 2026**

Welcome to Shoptimal. These Terms of Service (“Terms”) govern your access to and use of the Shoptimal platform, website, and services (collectively, the “Service”) operated by Shoptimal (“Company,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

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## 1. Definitions

– **”User,” “you,” or “your”** refers to the individual or entity accessing or using the Service.

– **”Platform”** refers to the Shoptimal web application, APIs, and related services.

– **”Content”** refers to text, images, data, and other materials uploaded, generated, or displayed through the Service.

– **”AI-Generated Content”** refers to any content created using our artificial intelligence features.

– **”Store Data”** refers to data imported from your connected ecommerce platforms (e.g., Shopify).

– **”End Customers”** refers to the customers of your ecommerce store.

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## 2. Eligibility and Account Registration

### 2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

### 2.2 Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and current.

### 2.3 Account Security

You are responsible for:

– Maintaining the confidentiality of your account credentials

– All activities that occur under your account

– Immediately notifying us of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

### 2.4 One Account Per User

Each user may maintain only one account. We reserve the right to terminate duplicate accounts.

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## 3. Description of Service

Shoptimal provides ecommerce optimization tools including:

– **AI Content Generation:** Product descriptions, blog posts, social media content, and image alt text

– **Email Automations:** Post-purchase emails, review requests, and cart abandonment recovery

– **Analytics & Insights:** Revenue health scores, store performance metrics, and recommendations

– **Rewards & Gamification:** XP points, levels, achievements, and engagement incentives

– **Third-Party Integrations:** Connections to platforms like Shopify

The Service is provided on a subscription basis with different plan tiers offering varying features and usage limits.

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## 4. Subscription and Payment Terms

### 4.1 Subscription Plans

We offer multiple subscription tiers (Free, Core, Growth, Partner) with different features, usage limits, and pricing. Current pricing and features are available on our pricing page.

### 4.2 Billing and Payment

– Paid subscriptions are billed in advance on a monthly basis

– Payment is due at the start of each billing cycle

– All fees are stated in US dollars unless otherwise specified

– You authorize us to charge your designated payment method for all applicable fees

### 4.3 Automatic Renewal

**YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW** at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method for recurring fees until you cancel.

### 4.4 Price Changes

We may change our prices at any time. Price changes will take effect at the start of the next billing cycle following notice to you. Your continued use of the Service after a price change constitutes acceptance of the new price.

### 4.5 Failed Payments

If a payment fails, we may:

– Retry the payment method on file

– Suspend or restrict access to paid features

– Downgrade your account to a free tier

– Terminate your account after repeated failures

### 4.6 Refund Policy

**All fees are non-refundable** except where required by applicable law. This includes:

– Partial month fees when you cancel mid-cycle

– Fees for months where you did not use the Service

– Fees paid before a price reduction

### 4.7 Plan Changes

– **Upgrades:** Take effect immediately; you will be charged a prorated amount

– **Downgrades:** Take effect at the end of your current billing cycle; you may lose access to features immediately upon downgrade

### 4.8 Usage Limits

Each plan includes limits on AI runs, emails, and other features. If you exceed your plan limits, you must upgrade to continue using those features. Unused allowances do not roll over to subsequent billing periods.

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## 5. Acceptable Use Policy

### 5.1 Permitted Use

You may use the Service only for lawful purposes in accordance with these Terms. You must comply with all applicable laws and regulations, including those governing email marketing, data privacy, and consumer protection.

### 5.2 Prohibited Conduct

You agree NOT to:

**Content Violations:**

– Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

– Create content that infringes any patent, trademark, copyright, or other intellectual property rights

– Generate false, misleading, or deceptive product claims or advertisements

– Use the Service to create spam or unsolicited commercial messages

**Technical Violations:**

– Attempt to gain unauthorized access to any part of the Service

– Interfere with or disrupt the Service or servers

– Circumvent, disable, or manipulate usage limits or security features

– Use automated scripts, bots, or tools to access the Service (except approved integrations)

– Reverse engineer, decompile, or disassemble any part of the Service

– Resell, sublicense, or provide access to the Service to third parties

**Email and Communication Violations:**

– Send emails to recipients who have not provided consent

– Send emails that violate CAN-SPAM, GDPR, CASL, or other applicable laws

– Use the Service to send malware, phishing attempts, or fraudulent messages

– Ignore or fail to honor unsubscribe requests

**Data Violations:**

– Upload data you do not have the right to use

– Process personal data in violation of applicable privacy laws

– Use End Customer data for purposes beyond those disclosed to and consented by the End Customer

### 5.3 Enforcement

We reserve the right to:

– Investigate violations of these Terms

– Remove or disable access to any content that violates these Terms

– Suspend or terminate accounts for violations

– Report illegal activities to law enforcement

– Take legal action against violators

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## 6. Third-Party Integrations

### 6.1 Connected Platforms

The Service allows you to connect third-party platforms (e.g., Shopify). By connecting a third-party account, you:

– Authorize us to access and retrieve data from that platform

– Represent that you have the authority to grant such access

– Agree to comply with that platform’s terms of service

– Acknowledge that the third party’s terms govern your use of their service

### 6.2 Third-Party Service Providers

We use third-party services to provide the Service, including:

– AI providers (OpenAI, Google) for content generation

– Stripe for payment processing

– SendGrid for email delivery

– Shopify for store integration

We are not responsible for the availability, accuracy, or policies of these third-party services. Their respective terms and privacy policies apply to your use of their services.

### 6.3 No Endorsement

Our integration with third-party services does not constitute an endorsement of those services, and we make no warranties regarding their performance or availability.

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## 7. Intellectual Property

### 7.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Shoptimal and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service.

### 7.2 Your Content

You retain ownership of content you upload to the Service (excluding AI-Generated Content). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process that content solely to provide the Service to you.

### 7.3 AI-Generated Content

Content generated by our AI features is provided for your use. You may use AI-Generated Content for your business purposes, subject to:

– Your responsibility to review and verify accuracy before use

– Compliance with applicable laws and third-party rights

– The disclaimers and limitations set forth in Section 9

You acknowledge that similar AI-Generated Content may be provided to other users and that AI-Generated Content is not guaranteed to be unique or original.

### 7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation or attribution.

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## 8. Data and Privacy

### 8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

### 8.2 Store Data

When you connect a third-party store, you grant us permission to access, retrieve, and process Store Data to provide the Service. You represent that you have all necessary rights and permissions to share Store Data with us.

### 8.3 End Customer Data

You are the data controller for your End Customers’ personal data. You are responsible for:

– Obtaining appropriate consent from End Customers

– Providing required privacy notices

– Responding to data subject requests

– Complying with applicable data protection laws

We act as a data processor on your behalf and will process End Customer data only according to your instructions and our Data Processing Addendum.

### 8.4 Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. Upon account termination, we will delete or anonymize your data within 90 days, except as required by law or for legitimate business purposes.

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## 9. AI Features and Disclaimers

### 9.1 Nature of AI-Generated Content

AI-Generated Content is created using artificial intelligence and machine learning technologies. You acknowledge and agree that:

– AI-Generated Content is provided as a **suggestion or starting point only**

– AI may produce content that is **inaccurate, incomplete, or inappropriate**

– AI may occasionally “hallucinate” facts, statistics, or information

– AI-Generated Content may not be suitable for all purposes or audiences

– AI cannot provide legal, medical, financial, or other professional advice

### 9.2 Your Responsibilities

Before publishing or using any AI-Generated Content, you are **solely responsible** for:

– Reviewing the content for accuracy and appropriateness

– Verifying any factual claims, statistics, or product information

– Ensuring the content does not infringe third-party rights

– Confirming compliance with applicable laws and regulations

– Making any necessary edits or modifications

– Determining suitability for your specific use case

### 9.3 No Warranty for AI Content

**WE DO NOT WARRANT THAT AI-GENERATED CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, LEGAL, OR FREE FROM ERRORS.** AI-Generated Content is provided “as is” without any guarantees.

### 9.4 Indemnification for AI Content

You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use or publication of AI-Generated Content.

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## 10. Email Automation Compliance

### 10.1 Your Representations

By using our email automation features, you represent and warrant that:

– You have obtained valid, lawful consent from each recipient to receive emails

– Your email practices comply with CAN-SPAM Act, GDPR, CASL, and all other applicable laws

– You will honor all unsubscribe requests promptly

– Your emails contain accurate sender information and a valid physical address

– You will not send emails containing false, misleading, or deceptive content

### 10.2 Recipient Consent

You acknowledge that **you, not Shoptimal, are responsible** for obtaining and maintaining proper consent from email recipients. We do not verify or validate that you have obtained consent.

### 10.3 Unsubscribe Compliance

All emails sent through our Service include an unsubscribe mechanism. You agree not to remove, disable, or circumvent this mechanism and to honor all unsubscribe requests within 10 business days as required by law.

### 10.4 Prohibited Email Content

You may not use our email features to send:

– Spam or unsolicited bulk email

– Phishing or fraudulent messages

– Malware or malicious content

– Content that violates applicable laws

### 10.5 Consequences of Violations

If we determine that you are violating email compliance requirements, we may:

– Suspend your email automation features

– Limit your sending capacity

– Terminate your account

– Report violations to appropriate authorities

### 10.6 Email Deliverability

We do not guarantee email deliverability. Delivery depends on factors outside our control, including recipient spam filters, ISP policies, and your sender reputation.

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## 11. Rewards and Gamification Program

### 11.1 Program Description

We offer a rewards program that includes XP points, levels, achievements, streak rewards, and other incentives (“Rewards Program”).

### 11.2 No Monetary Value

**Rewards have no cash value and cannot be exchanged for money, goods, or services.** XP points, levels, achievements, and other rewards are for engagement purposes only and do not represent currency, credit, or any form of stored value.

### 11.3 Not a Contest or Sweepstakes

The Rewards Program is not a lottery, sweepstakes, or contest. Participation does not require payment (free tier users can participate), and rewards are earned through engagement, not chance.

### 11.4 Program Modifications

We reserve the right to modify, suspend, or terminate the Rewards Program at any time without notice. This includes the right to:

– Change how rewards are earned or calculated

– Modify reward values or requirements

– Remove, expire, or reset rewards

– Change or discontinue specific achievements or levels

### 11.5 Forfeiture

All rewards are forfeited upon account termination, whether by you or by us. We are not obligated to compensate you for forfeited rewards.

### 11.6 No Vested Rights

You have no vested, proprietary, or legal right to any rewards. Rewards are granted at our discretion and do not create any obligation on our part.

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## 12. Disclaimers and Limitation of Liability

### 12.1 Service Provided “As Is”

**THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.** To the fullest extent permitted by law, we disclaim all warranties, including:

– Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

– Warranties that the Service will be uninterrupted, error-free, or secure

– Warranties regarding the accuracy, reliability, or completeness of any content

– Warranties regarding the results obtained from using the Service

### 12.2 No Business Advice

The Service, including analytics, health scores, and recommendations, is provided for informational purposes only. **Nothing in the Service constitutes professional business, legal, financial, or tax advice.** You should consult qualified professionals before making business decisions.

### 12.3 Third-Party Services

We are not responsible for any third-party services, including their availability, policies, or actions. Your use of third-party services is at your own risk.

### 12.4 Limitation of Liability

**TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLERFORGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:**

– Any indirect, incidental, special, consequential, or punitive damages

– Loss of profits, revenue, data, or business opportunities

– Damages arising from your use of or inability to use the Service

– Damages arising from AI-Generated Content or automation failures

– Damages arising from third-party actions or services

– Damages exceeding the total fees paid by you in the twelve (12) months preceding the claim

### 12.5 Essential Purpose

The limitations in this section apply even if a remedy fails its essential purpose and regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

### 12.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

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## 13. Indemnification

You agree to indemnify, defend, and hold harmless Shoptimal, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

– Your use of the Service

– Your violation of these Terms

– Your violation of any law or third-party rights

– Content you upload, generate, or publish through the Service

– Your email practices and communications with End Customers

– Claims by your End Customers or any third party

– Your negligence or willful misconduct

This indemnification obligation survives termination of your account and these Terms.

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## 14. Term and Termination

### 14.1 Term

These Terms are effective when you create an account or begin using the Service and continue until terminated.

### 14.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund of any fees paid.

### 14.3 Termination by Us

We may suspend or terminate your account at any time for any reason, including:

– Violation of these Terms

– Fraudulent, illegal, or abusive conduct

– Non-payment of fees

– Extended period of inactivity

– Discontinuation of the Service

We will endeavor to provide notice before termination except in cases of serious violations.

### 14.4 Effect of Termination

Upon termination:

– Your right to access the Service immediately ceases

– All licenses and rights granted to you terminate

– You remain liable for all fees incurred before termination

– We may delete your data after a reasonable retention period (typically 90 days)

– Any rewards, XP, or achievements are forfeited

### 14.5 Data Export

Before termination, you are responsible for exporting any data you wish to retain. We may provide data export tools, but are not obligated to do so.

### 14.6 Survival

The following sections survive termination: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.

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## 15. Dispute Resolution

### 15.1 Informal Resolution

Before filing any legal claim, you agree to try to resolve the dispute informally by contacting us at hello@shoptimal.io. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.

### 15.2 Binding Arbitration

If we cannot resolve the dispute informally, **you agree that any dispute arising from these Terms or the Service will be resolved by binding arbitration** rather than in court, except as provided below.

Arbitration will be conducted by a mutually agreed-upon arbitration provider under its then-current rules. The arbitration will be held in a mutually convenient location or conducted remotely. The arbitrator’s decision will be final and binding.

### 15.3 Class Action Waiver

**YOU AND SHOPTIMAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.** The arbitrator may not consolidate more than one person’s claims.

### 15.4 Exceptions

The following claims are not subject to arbitration:

– Claims for injunctive relief to prevent imminent harm

– Claims in small claims court (if eligible)

– Claims related to intellectual property infringement

### 15.5 Opt-Out

You may opt out of binding arbitration within 30 days of creating your account by sending written notice to hello@shoptimal.io with your name, email, and statement that you opt out of the arbitration provision.

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## 16. General Provisions

### 16.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

### 16.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Shoptimal regarding the Service.

### 16.3 Modifications

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

### 16.4 Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision in the future.

### 16.5 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.

### 16.6 Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights and obligations without restriction.

### 16.7 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

### 16.8 Contact Information

For questions about these Terms, please contact us at:

**Shoptimal**

Email: hello@shoptimal.io

Support: support@shoptimal.io

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## 17. Additional Terms for Specific Features

### 17.1 Analytics and Health Scores

Revenue health scores, analytics, and recommendations are provided for informational purposes only. They are based on available data and algorithms that may not account for all factors affecting your business. **You should not rely solely on these metrics for business decisions.**

### 17.2 Automation Features

Automations run based on configured triggers and conditions. We do not guarantee that automations will execute at specific times or that all qualifying events will trigger automations. You are responsible for testing and monitoring your automations.

### 17.3 Beta Features

We may offer beta or experimental features. These features are provided “as is” without warranty and may be modified or discontinued at any time. Your use of beta features is at your own risk.

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**By using Shoptimal, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.**