Terms of Service

1. Who these terms are between

These Terms of Service (Terms) are a legal agreement between [YOUR LEGAL ENTITY NAME] (ABN [ABN]) (StoreChat AI, we, us) and the business or person that installs or uses the StoreChat AI application and services (you, the Merchant).

By installing, accessing or using StoreChat AI (the Service), you agree to these Terms. If you do not agree, do not install or use the Service.

2. What the Service is

StoreChat AI is an AI-powered chat assistant for online stores. It answers customer questions, recommends products, and can capture leads, using information you provide and sync from your store. The Service uses third-party artificial-intelligence models to generate responses.

The Service is provided to you as a business tool. It is not of a kind ordinarily acquired for personal, domestic or household use.

3. Your responsibilities

• Your content and setup. You are responsible for the store information, briefing, custom answers, product data and other content you provide, and for keeping it accurate and up to date. The quality of the AI's answers depends on it.
• Reviewing the AI. AI-generated responses can be wrong, incomplete or out of date. You are responsible for reviewing how the assistant behaves on your store and for anything it says to your customers as if you had said it yourself.
• Your legal compliance. You are responsible for your own compliance with the laws that apply to your business — including consumer law, advertising and pricing rules, privacy law (including the Privacy Act 1988 (Cth) and Australian Privacy Principles), and any AI-disclosure rules in the regions you sell to. Our in-app compliance guide is general information only, not legal advice.
• Acceptable use. You must not use the Service unlawfully, to mislead or deceive, to send spam, to infringe others' rights, or to attempt to break, overload or reverse-engineer the Service.
• Accounts and access. You are responsible for activity under your store's account and for keeping access secure.

4. AI accuracy — important

The Service relies on automated, probabilistic AI models. It will sometimes produce answers that are inaccurate, incomplete, outdated, biased, offensive or otherwise wrong, and it may do so without warning. This is an inherent characteristic of generative AI and is not a defect in the Service.

You acknowledge and agree that, to the maximum extent permitted by law: we make no representation, warranty or guarantee of any kind that the Service or any answer it generates is accurate, reliable, complete, current, lawful or fit for any purpose; we do not guarantee any outcome whatsoever from using the Service, including any level of sales, conversions, revenue, leads, engagement, uptime or customer satisfaction; and you assume the entire risk arising from your use of, and reliance on, the Service and its output.

You are solely responsible for reviewing, moderating and, where appropriate, overriding the assistant's answers before relying on them, and for anything the assistant says to your customers on your behalf. You must not use the Service as a sole source of truth for anything important — including pricing, stock, orders, legal, medical, financial, health or safety information — and you must not present its output as professional advice.

5. Availability

We aim to keep the Service available but do not guarantee it will be uninterrupted, secure or error-free. We may modify, suspend or discontinue features, perform maintenance, or rely on third parties (including Shopify and AI providers) whose availability we do not control.

6. Fees and billing

Paid plans are billed through Shopify under the plan you select. Free plans are free. Prices, plan features and limits may change; we'll give reasonable notice of material changes. Except where the law requires otherwise, fees already charged are non-refundable. You can change or cancel your plan at any time; cancelling stops future charges but does not refund the current period.

7. Data and privacy

To provide the Service we process store data and chat messages, and share what's necessary with our infrastructure and AI providers to generate responses. We handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You are responsible for having a privacy policy that tells your customers chat messages are processed to answer their questions, and for any consents required in the regions you sell to.

8. Intellectual property

We own the Service, our software, branding and materials. You keep ownership of your store content and data. You grant us the licence needed to host and process your content to run the Service. You must not copy, resell or create derivative works of the Service except as allowed by law.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded (Non-excludable Rights). If we breach a Non-excludable Right, our liability is governed by that law.

To the extent the ACL allows us to limit our liability for failure to comply with a consumer guarantee (other than guarantees that cannot be limited), and where it is fair and reasonable to do so, our liability is limited, at our option, to: re-supplying the Service (or the relevant part of it); or paying the cost of having it re-supplied.

10. Disclaimers and limitation of liability

Except for the Non-excludable Rights in clause 9, and to the maximum extent permitted by law:

• the Service is provided "as is" and "as available", without warranties of any kind (including fitness for a particular purpose, accuracy, or that AI output is correct);
• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, sales, revenue, goodwill, data, business or opportunity, however arising, even if we were advised it was possible; and
• our total aggregate liability to you for all claims connected with the Service is limited to the total fees you paid us for the Service in the three (3) months before the event giving rise to the claim (or, if you are on a free plan, to [AUD $100]).

You acknowledge that the fees (if any) reflect this allocation of risk.

11. Indemnity

To the maximum extent permitted by law, you indemnify us against claims, losses and costs (including reasonable legal costs) arising from your use of the Service, your content, your breach of these Terms or of any law, or any claim by your customers or third parties relating to your store or to answers the assistant gave on your behalf.

12. Suspension and termination

You may stop using the Service and uninstall at any time. We may suspend or terminate your access if you breach these Terms, if required by law or a provider, or to protect the Service. On termination your right to use the Service ends; clauses that by their nature should survive (including 4, 8, 9, 10, 11 and 14) survive.

13. Changes to these Terms

We may update these Terms from time to time. If a change is material we'll take reasonable steps to notify you (for example, in-app or by email). Continuing to use the Service after a change takes effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of [Queensland], Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

15. Contact

Questions about these Terms: [support@yourdomain.com].