Terms of Service

Welcome to Webracle. By accessing or using our AI shopping assistant service, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using Webracle (the "Service"), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.

2. Eligibility

To use Webracle, you must:

• Be at least 18 years old
• Have the legal capacity to enter into a binding agreement
• Operate a legitimate e-commerce business or be authorized to act on behalf of one
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws, regulations, or third-party rights
• Transmit harmful, offensive, or illegal content
• Impersonate any person or entity, or misrepresent your affiliation
• Engage in fraudulent, deceptive, or misleading practices
• Spam, harass, or abuse others
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use automated scripts or bots to access the Service (except as explicitly permitted)
• Reverse engineer, decompile, or attempt to extract source code
• Remove or modify any proprietary notices or labels
• Sell, resell, or commercialize the Service without authorization
• Use the Service to compete with us or create a similar service

Violation of this policy may result in immediate suspension or termination of your account.

5. Pricing and Payment

5.1 Subscription Plans

Webracle offers subscription-based pricing as described on our Pricing page. Prices are subject to change with 30 days notice to existing subscribers.

5.2 Billing

• Subscriptions are billed monthly or annually in advance
• Payment is due at the start of each billing cycle
• All fees are non-refundable except as stated in Section 5.4
• Failure to pay may result in service suspension or termination
• You authorize us to charge your payment method automatically

5.3 LLM Costs

If you use our Managed LLM service:

• LLM usage is billed separately based on token consumption
• Rates are listed on our Pricing page (provider cost + 5% platform fee)
• You can switch to BYOK (Bring Your Own Key) to avoid these charges

If you use BYOK mode, you are responsible for all costs charged by your LLM provider.

5.4 Cancellation and Refunds

• You may cancel your subscription at any time from your account settings
• Upon cancellation, your service continues until the end of the current billing period
• Refund Policy: You may request a full refund within 14 days of your initial subscription
• No Pro-Rating: If you cancel mid-cycle (after the 14-day period), no refund or credit is provided for the unused portion
• LLM usage charges are non-refundable

6. Service Level and Availability

We strive to provide reliable service but make no guarantees about:

• Uptime or availability (though we target high availability)
• Error-free or uninterrupted operation
• Specific performance metrics or response times
• Compatibility with all platforms, browsers, or devices

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy. Key points:

• We collect and process data as described in our Privacy Policy
• You are responsible for obtaining consent from your customers for data processing
• You retain ownership of your data (product catalogs, customer conversations, etc.)
• We may use aggregated, anonymized data for analytics and service improvement
• We implement reasonable security measures but cannot guarantee absolute security

8. Intellectual Property

8.1 Our Rights

The Service, including all software, designs, text, graphics, and other content, is owned by Webracle or our licensors and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works
• Distribute, sell, or transfer any part of the Service
• Use our trademarks, logos, or branding without permission

8.2 Your Rights

You retain all rights to your content (product catalogs, customer data, etc.). By using the Service, you grant us a limited license to:

• Access and process your data to provide the Service
• Use aggregated, anonymized data for service improvement
• Display your store information within the Service interface

9. Third-Party Services

The Service integrates with third-party platforms (Shopify, OpenAI, etc.). Your use of these platforms is subject to their respective terms and policies. We are not responsible for:

• Third-party service availability or performance
• Changes to third-party APIs or pricing
• Data practices of third-party services
• Any disputes between you and third-party providers

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
• THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold Webracle harmless from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your content or data
• Disputes between you and your customers

12. Termination

Either party may terminate this agreement at any time:

• You: Cancel your subscription from account settings
• Us: Suspend or terminate your account for violations, non-payment, or at our discretion

Upon termination:

• Your access to the Service ends immediately (unless already paid through end of billing period)
• We will delete your data within 90 days unless legally required to retain it
• You remain liable for any outstanding payments
• Sections related to liability, indemnification, and dispute resolution survive termination

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by applicable law in the jurisdiction where the service is provided, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve within 60 days.

13.3 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except for:

• Small claims court matters (below the jurisdictional limit)
• Intellectual property disputes
• Injunctive relief requests

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Webracle regarding the Service.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms to any successor or affiliate.

14.5 Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, war, government actions, internet failures, etc.).

15. Contact Information

If you have questions about these Terms, please contact us at [email protected].