1. Agreement to Terms

1.1 Binding Agreement

By installing, accessing, or using Marketer by Harmona AI (the "App," "Service," "Platform," "we," "us," or "our"), you ("User," "you," "your," or "Merchant") agree to be bound by these Terms of Service ("Terms," "Agreement," or "TOS").

If you are accessing the Service on behalf of a business, organization, or other entity, you represent and warrant that:

• You have the legal authority to bind that entity to these Terms

• You accept these Terms on behalf of that entity

• References to "you" include both you individually and the entity

1.2 Agreement Rejection

1.3 Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time. Changes may be made for:

• Legal or regulatory compliance

• New feature additions or service changes

• Security or operational improvements

• Correction of errors or clarifications

Notice of Changes:

• Material changes: 30 days advance notice via email and in-app notification

• Non-material changes: Immediate effect upon posting

• "Last Updated" date will be revised at the top of this document

Your Options:

• Accept: Continue using the Service (constitutes acceptance)

• Reject: Cancel your subscription and discontinue use before effective date

2. Service Description

2.1 Overview

Marketer by Harmona AI is a SaaS (Software-as-a-Service) marketing analytics platform built specifically for Shopify merchants. The Service leverages artificial intelligence and machine learning to provide data-driven marketing insights and recommendations.

2.2 Core Features

AI-Powered Marketing Assistant:

• Conversational AI chat interface for marketing questions

• Context-aware responses based on your store data

• Strategic recommendations and tactical advice

• Powered by advanced large language models (LLMs)

Comprehensive Analytics Dashboard:

• Sales Analytics: Revenue trends, order analysis, sales patterns

• Customer Insights: Buyer behavior, loyalty analysis, segmentation

• Product Performance: Top products, category analysis, inventory insights

• KPI Tracking: Real-time and historical key performance indicators

• Geographic Analysis: Sales distribution by location

• Marketing Attribution: Traffic sources, campaign performance, ROI tracking

Additional Features:

• AI-generated takeaways for every analytics chart

• Action item management with AI-generated marketing tasks

• Automated reporting (weekly/monthly/quarterly)

• Up to 18 months of historical data access (plan-dependent)

2.3 Technical Integration

Shopify Integration: OAuth 2.0 secure authentication, real-time data sync via Shopify Admin API, GraphQL query optimization, webhook subscriptions for data updates.

2.4 Service Limitations

What the Service Does NOT Include:

• Direct modifications to your Shopify store

• Customer communication or email marketing services

• Inventory management or fulfillment

• Payment processing or financial services

• Advertising campaign execution (Google Ads, Facebook Ads, etc.)

• Custom development or consulting services

3. Subscription Plans and Pricing

3.1 Subscription Plans

Marketer by Harmona AI offers multiple subscription tiers with varying features, limitations, and pricing. For current pricing information, plan details, and available features, please visit the Settings → Billing section within the app or contact our support team at support@harmona.ai.

3.2 Billing and Payment

Payment Processing: All subscriptions are billed through Shopify's billing system. Charges appear on your Shopify invoice. We do NOT directly process payments or store payment information.

Currency and Taxes: Prices are listed in USD. Shopify may convert to your local currency. You are responsible for all applicable taxes (VAT, GST, sales tax, etc.).

Billing Cycles: Subscription fees are charged according to your selected billing cycle (monthly or annual). Failed payments result in immediate suspension of paid features.

Price Changes: We reserve the right to modify pricing with 30 days' advance notice via email. New prices apply on your next renewal date.

3.3 Cancellation and Refunds

Cancellation: You may cancel your subscription at any time through App Settings. Access continues until the end of your current billing period. After cancellation, at the end of your billing period, your account will revert to the free tier.

Refund Policy: Generally, all fees are non-refundable. No refunds for partial months or unused subscription time. Refund exceptions may be granted for billing errors, significant service unavailability, or as required by law.

4. Account Registration and Security

4.1 Shopify Account Requirement

Prerequisites: Active Shopify store (any plan), valid Shopify admin account with app installation permissions, email address associated with Shopify account.

4.2 Account Security

Your Responsibilities:

• Maintaining security of your Shopify admin account

• Keeping your password secure and confidential

• Not sharing account credentials with anyone

• All activities that occur under your account

• Immediately notifying us of unauthorized access

Our Security Measures:

• OAuth 2.0 secure authentication

• TLS 1.3 encryption in transit (HTTPS)

• AES-256 encryption at rest

• API rate limiting and abuse detection

• Regular security audits and penetration testing

• Daily encrypted backups with disaster recovery

4.3 Account Restrictions and Prohibitions

You May NOT:

• Share account credentials with unauthorized users

• Create multiple accounts to abuse trials

• Attempt to bypass prompt limits or usage quotas

• Reverse engineer, decompile, or disassemble the Service

• Attempt to access data from other users' accounts

• Use brute force or dictionary attacks on logins

Consequences: First offense: Warning. Serious violations: Immediate account suspension. Repeated violations: Permanent termination. No refunds for accounts terminated due to violations.

4.4 Account Deletion

To delete your account: Cancel subscription first, uninstall App from Shopify admin, or email support@harmona.ai with deletion request.

After deletion: Immediate loss of access, 30-day grace period to export data, all data permanently deleted after 30 days (billing records retained 7 years for legal/tax requirements).

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service for:

• Analyzing your own Shopify store data

• Generating sales, customer, and product insights

• Asking marketing strategy questions

• Creating internal reports and presentations

• Managing marketing action items

• Learning about e-commerce analytics

5.2 Prohibited Use

You may NOT:

5.3 Enforcement

We may monitor for unusual usage patterns, automated bot activity, security threats, and violations. Our response depends on severity.

6. Data Usage and Privacy

By connecting your Shopify store, you grant us permission to access and analyze your store data including sales, orders, products, and aggregated customer information. We use this data solely to provide analytics and insights.

You retain all ownership rights to your data. We do not sell, trade, or transfer your data to third parties except as necessary to provide the Service or as required by law.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Harmona AI and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes our code, design, algorithms, AI models, training methodologies, and proprietary analytics calculations.

7.2 Your Data Ownership

You Own: All Shopify store data, business information you provide, and specific AI-generated reports about YOUR business.

License You Grant Us: Limited, non-exclusive license to process your data only for purposes of providing the Service. This license terminates when you delete your account.

7.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Service

• Reverse engineer or attempt to extract source code

• Remove or alter any copyright, trademark, or proprietary notices

• Use our trademarks or branding without written permission

8. Generative AI

Subject to the following terms, conditions, limitations and disclaimers, Harmona AI may, through the Service, provide access to certain algorithms and tools that are trained on data sets and can generate text, images, or other outputs in response to user-generated prompts (together, "Generative AI"). By using any Generative AI on the Service, and notwithstanding anything to the contrary, you agree and acknowledge that:

CRITICAL ACKNOWLEDGMENTS AND RISKS

• Known Risks: Generative AI carries certain risks, including factually untrue outputs, biased outputs, data security vulnerabilities, intellectual property infringement, privacy risks, and additional license terms.

• Third-Party Providers: Generative AI is provided by third parties ("Providers"), and Harmona AI is not responsible for the acts or omissions of any Providers.

• Legal Uncertainties: There may be ongoing and unresolved legal disputes regarding Generative AI, including the right of Providers to ingest the data used to train the Generative AI.

• No Warranties: Harmona AI provides access to Generative AI without any warranty of any kind and hereby disclaims all warranties, express or implied, regarding the Generative AI and your use thereof, including, without limitation, all warranties of merchantability, fitness for a particular purpose, and non-infringement.

• No Professional Advice: AI-generated content is NOT professional legal, financial, tax, or business advice. Recommendations are suggestions only, not guaranteed outcomes.

• No Guarantee of Results: Using the Service and following AI recommendations does NOT guarantee increased revenue, improved conversion rates, better customer retention, or business growth.

8.1 Intellectual Property Compliance

You agree not to use the Generative AI in any manner that infringes or violates the intellectual property rights or any other rights of anyone else. You are solely responsible for ensuring that your use of AI-generated content complies with all applicable laws and third-party rights.

8.2 Use at Your Own Risk and Release of Liability

Your use of Generative AI is at your own risk. By using the Generative AI, you agree to indemnify, hold harmless and hereby release, acquit and forever discharge Harmona AI from and against any and all claims, occurrences, actions, causes of action (whether at law or in equity), debts, damages, demands, offsets, payments, royalties, costs, attorney fees, obligations of every kind and nature, rights, liabilities, charges, expenses, contracts, promises, or agreements, direct or indirect, any claims for contribution or indemnity, and any claims for incidental or consequential loss or damage whether for loss of profit, loss of business, depletion of goodwill or otherwise, or other claims for incidental or consequential compensation, howsoever caused, regardless of the legal theory upon which they are based, whether known or unknown, claimed or suspected, fixed or contingent, now existing or arising at any time in the future, liquidated or unliquidated arising out of or relating to your use of Generative AI (collectively, "Claims").

The foregoing release: (a) is made on behalf of your respective successors, assigns, agents, employees, representatives and affiliates; (b) shall be construed to release Harmona AI's affiliates and subsidiaries, predecessor and successor corporations or entities, and any and all of its past, present, and future investors, shareholders, officers, directors, employees, agents, representatives, attorneys, customers, partners, resellers, distributors and any and all other persons, firms, corporations, or entities acting by, through, under, or in concert with each of them; and (c) includes, but is not limited to, any and all Claims or demands either party has or may have against the other party in contract, tort, breach of statutory duty, or any other statutory or common law cause of action.

8.3 AI Data Privacy

Third-Party AI Providers: We use GDPR-compliant Generative AI providers. Your data is NOT used to train AI models. Providers do NOT retain your data after processing (limited retention for abuse monitoring only, typically 30 days). All data transmission is encrypted.

Your AI conversations are stored in your account only, not visible to other users, and can be deleted at any time through account settings.

9. Disclaimers and Limitations of Liability

9.1 "AS IS" Disclaimer

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HARMONA AI BE LIABLE FOR:

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

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

• Business interruption or loss of goodwill

• Incorrect or inaccurate AI outputs

• Business decisions based on AI recommendations

9.3 Third-Party Dependencies

We are not liable for issues caused by third-party services including Shopify API, Generative AI providers, cloud hosting providers, or your internet connection.

10. Indemnification

You agree to indemnify, defend, and hold harmless Harmona AI from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

Either party may terminate this agreement at any time. You may cancel through account settings or by emailing support@harmona.ai.

We may suspend or terminate your access immediately for any breach of these Terms, non-payment, or at our discretion with notice.

Upon Termination: Access ends at billing period end. Data retained for 30 days for export, then permanently deleted. Billing records retained 7 years for legal compliance.

12. GDPR and Data Subject Rights

For users in the European Union, you have rights under GDPR including access, correction, deletion, portability, restriction, and objection to data processing.

To exercise these rights, contact privacy@harmona.ai. We will respond within 30 days. See our Privacy Policy for complete details.

13. California Privacy Rights (CCPA)

California residents have rights under CCPA including the right to know what personal information we collect, the right to deletion, and the right to opt-out of sale of personal information.

We do NOT sell personal information. Contact privacy@harmona.ai to exercise your rights.

14. International Use

The Service is controlled and operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. If you access from outside the US, you do so at your own risk and are responsible for compliance with local laws.

15. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Arbitration: Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except for claims seeking equitable relief.

Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

16. Miscellaneous Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Harmona AI.

Severability: If any provision is found unenforceable, the remaining provisions remain in full force.

No Waiver: Our failure to enforce any right or provision does not waive that right.

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

17. Contact Information

If you have any questions about these Terms of Service, please contact us: