Terms of Service

1. Scope of Services

ABConvert provides conversion rate optimization and related services to merchants using Shopify for their e-commerce businesses. Core services include:

• A/B Testing: Tools to create, run, and manage experiments across your Shopify store, including but not limited to price, content, theme, checkout, shipping, payment, and delivery testing.
• Analytics: Reporting, statistical analysis, and performance insights related to your experiments and store optimization efforts.
• Recommendation: Data-driven suggestions and guidance to help merchants identify optimization opportunities and improve conversion rates.
• Personalization: Features that enable merchants to deliver tailored experiences to different customer segments based on behavior, attributes, or test outcomes.

The specific features available to you may vary based on your subscription plan. We may add, modify, or discontinue features of the Service at our sole discretion. We will make commercially reasonable efforts to notify you of material changes to the Service.

2. Access Permissions and Scopes

To deliver the features of the App, ABConvert requires access to certain data and functionalities within your Shopify account. By installing the App, you authorize ABConvert to access the following scopes:

2.1 Read Scopes

• read_content, read_customer_events, read_delivery_customizations, read_inventory, read_markets, read_orders, read_payment_customizations, read_products, read_shipping, read_themes

2.2 Write Scopes

• write_cart_transforms, write_delivery_customizations, write_inventory, write_markets, write_orders, write_payment_customizations, write_pixels, write_products, write_publications, write_shipping, write_themes

These permissions are necessary for the App to function properly. If you revoke any required permission, certain features of the Service may become unavailable.

3. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the App, you represent and warrant that: (a) you can form a legally binding contract; (b) you are authorized to act on behalf of the business entity using the Service; and (c) you comply with all applicable laws, including but not limited to consumer protection, pricing, and e-commerce regulations in your jurisdiction.

4. Right to Refuse Service

We reserve the right to refuse, suspend, or terminate access to the Service for any person or entity, at our sole discretion, at any time, and for any reason or no reason, with or without notice.

Without limiting the foregoing, we may refuse service if we reasonably believe that: (a) your use of the Service violates these Terms or any applicable law; (b) your use poses a risk to the security, integrity, or availability of the Service; (c) your account is associated with fraudulent, deceptive, or abusive activity; (d) continued provision of service could expose ABConvert to legal liability; or (e) your use of the Service could harm other merchants or end consumers.

5. License to Use

Subject to these Terms, ABConvert grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your internal business purposes. All rights not expressly granted are reserved by ABConvert. You acknowledge that the App is licensed, not sold, and that you acquire no ownership rights in the App or any related intellectual property.

6. Intellectual Property

6.1 ABConvert’s IP

The App, including all software, algorithms, models, user interfaces, designs, documentation, trademarks, trade names, and any content provided by ABConvert, is and shall remain the exclusive property of ABConvert and its licensors. These Terms do not grant you any right, title, or interest in our intellectual property except the limited license in Section 5.

6.2 Merchant’s IP

You retain all right, title, and interest in your product data, store content, themes, branding, customer data, and any other content or materials you provide through or in connection with the Service (“Merchant Content”). You grant ABConvert a limited, non-exclusive license to use Merchant Content solely as necessary to provide and improve the Service.

7. User Responsibilities and Acceptable Use

When using the App, you agree to:

• Not misuse or interfere with the functionality, security, or availability of the App.
• Not reverse-engineer, decompile, disassemble, or attempt to extract source code from the App.
• Not use the App for deceptive, misleading, or fraudulent pricing practices, or any practice that violates consumer protection laws in any applicable jurisdiction.
• Not use the App to circumvent or violate Shopify’s Terms of Service, Acceptable Use Policy, or any applicable Shopify policies.
• Not use automated scripts, bots, or other means to access the App in a manner that exceeds reasonable usage or imposes an unreasonable load on our infrastructure.
• Not resell, sublicense, or provide access to the App to third parties without our prior written consent.
• Provide accurate and up-to-date information when requested.
• Comply with all applicable laws and regulations, including consumer protection, data protection, and e-commerce laws relevant to your business and the jurisdictions in which you operate.

Any violation of these responsibilities may result in immediate suspension or termination of your access to the Service.

8. Fees, Payments, and Refund Policy

8.1 Fees

Access to certain features of the App may require payment of fees as disclosed prior to purchase. All fees are billed through Shopify’s billing system in accordance with your selected subscription plan. You are responsible for all applicable taxes associated with your use of the Service.

8.2 Usage-Based Billing and Overage Limits

Certain subscription plans include usage-based billing components in addition to a base subscription fee. Usage is measured based on order volume defined by your plan and is billed through Shopify’s billing system in accordance with your plan terms.

Overage Limits: Each plan includes a defined usage allowance. If you exceed the usage limit included in your plan, you will be unable to create new tests until the next billing cycle begins or until you upgrade to a plan with a higher usage allowance. Existing active tests will continue to run and will not be interrupted. ABConvert will make reasonable efforts to notify you when you are approaching or have reached your usage limit.

Usage charges are non-refundable. All usage-based fees incurred during a billing cycle are final and will not be refunded, regardless of whether you cancel, downgrade, or stop using the Service before the end of the billing period. Usage overage restrictions are an inherent feature of the Service and do not constitute a service disruption, outage, or defect. Reaching your usage limit is not grounds for a refund.

8.3 Cancellation

You may cancel your subscription at any time by navigating to Settings > Billing > Cancel Plan within the App, or by uninstalling the App from your Shopify store. Please ensure all active tests are closed before you cancel your plan.

Grace Period: If you cancel your subscription while on a paid plan, you will retain access to the App and its features until the end of your current billing cycle. Once your billing period expires, app access will be removed and you will not be able to access app functionality or test data unless you subscribe to a new plan. Because you continue to have full access through the remainder of your paid billing period, no refunds are issued for unused time.

Uninstalling the App from your Shopify store will also cancel your subscription. In both cases, you will retain access through the end of your current billing period under the grace period described above.

8.4 Refund Policy

All fees paid for the Service are non-refundable except as expressly stated in this Section or as required by applicable law. ABConvert is a subscription-based product, not a usage-based product. You are paying for access to the Service for the duration of your billing period, regardless of how much or how little you use it.

8.4.1 Eligible Refunds

ABConvert will issue a full refund in the following limited circumstances:

9. Privacy, Data Usage, and Data Ownership

9.1 Privacy Policy

Your use of the App is subject to our Privacy Policy (available at https://www.abconvert.io/privacy-policy), which explains how we collect, use, and share personal data. By using the App, you consent to our data practices as outlined in our Privacy Policy.

9.2 Data Usage

The data accessed under the scopes listed in Section 2 will be used strictly for providing, maintaining, and improving the Service and will not be sold or shared with unauthorized third parties. We may use aggregated, anonymized, and de-identified data derived from your use of the Service for analytics, benchmarking, and product improvement purposes.

9.3 Data Ownership

You own your data. All Merchant Content, including product data, customer data, order data, experiment configurations, and test results generated through your use of the Service, remains your property. ABConvert acts as a data processor with respect to any personal data processed on your behalf.

9.4 Data Retention

Our data retention practices are governed by our Data Retention Policy (available at https://www.abconvert.io/data-retention-policy). Upon termination of your account, we will retain your data in accordance with our Data Retention Policy and applicable law. You may request export of your data prior to termination by contacting support@abconvert.io.

10. Termination

10.1 Termination by ABConvert

We may terminate or suspend your access to the App at any time, with or without cause, if: (a) you violate these Terms; (b) we determine it is necessary for legal, security, or operational reasons; (c) we exercise our right to refuse service under Section 4; or (d) we discontinue the Service entirely.

10.2 Termination by You

You may terminate your use of the Service at any time by uninstalling the App from your Shopify store. Uninstallation constitutes termination of these Terms, subject to any surviving provisions.

10.3 Effect of Termination

Upon termination: (a) your license to use the App immediately ceases; (b) ABConvert will make commercially reasonable efforts to remove any modifications made to your Shopify store by the App (including theme modifications, product changes, and shipping rules), though you acknowledge that some cleanup may require manual action on your part; (c) you may request export of your experiment data for up to thirty (30) calendar days following termination; and (d) ABConvert will delete your data in accordance with our Data Retention Policy.

10.4 Surviving Provisions

Sections 6 (Intellectual Property), 8.4 (Refund Policy), 10.3 (Effect of Termination), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law and Dispute Resolution), and this Section 10.4 shall survive termination of these Terms.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ABCONVERT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, ABConvert does not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the results of any A/B test or experiment will be accurate, reliable, or lead to any particular business outcome; or (d) the Service will meet your specific requirements or expectations.

You acknowledge that A/B testing involves experimentation and that test results are inherently variable. ABConvert does not guarantee any specific conversion rate improvement, revenue increase, or business outcome from your use of the Service.

12. Limitation of Liability

To the fullest extent permitted by law:

• ABCONVERT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
• ABCONVERT'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if ABConvert has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless ABConvert and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any claim that your Merchant Content infringes or violates any third-party right; or (e) any deceptive, misleading, or unlawful pricing or business practices conducted using the Service.

14. Third-Party Services and Platform Dependencies

The Service operates on and integrates with the Shopify platform and may rely on other third-party services, infrastructure providers, and APIs. ABConvert is not responsible for and disclaims all liability arising from: (a) Shopify platform outages, API changes, deprecations, or policy changes; (b) failures, interruptions, or performance issues of third-party infrastructure providers (including but not limited to cloud hosting, CDN, and payment processing services); (c) changes to Shopify's terms of service, pricing, or feature availability that affect the Service; or (d) any actions taken by Shopify or other third parties that limit, restrict, or terminate your ability to use the Service.

Your use of the Shopify platform is governed separately by Shopify's own terms of service and policies.

15. Force Majeure

ABConvert shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, power failures, internet or telecommunications failures, third-party service provider outages (including Shopify and cloud infrastructure providers), cyberattacks, or any other event that is unforeseeable or beyond ABConvert's reasonable control.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

16.2 Arbitration

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted in English. The arbitral award shall be final and binding on both parties.

16.3 Class Action Waiver

YOU AND ABCONVERT 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.

16.4 Court Jurisdiction

If arbitration is not applicable or enforceable for any reason, disputes shall be submitted exclusively to the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

17. International Use and Compliance

The Service is operated from the United States. If you access or use the Service from outside the United States, you are responsible for compliance with all applicable local laws. If you are located in the European Economic Area (EEA), United Kingdom, or any jurisdiction with data protection laws, you acknowledge that: (a) your use of the Service may involve the transfer of personal data to the United States; (b) ABConvert will process any personal data in accordance with our Privacy Policy and applicable data protection laws; and (c) to the extent required, ABConvert will enter into appropriate data processing agreements upon request.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where practicable, by email or in-app notification at least fifteen (15) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and uninstall the App.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy and Data Retention Policy, constitute the entire agreement between you and ABConvert with respect to the Service and supersede all prior agreements or understandings.

19.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver

The failure of ABConvert to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without ABConvert’s prior written consent. ABConvert may assign these Terms without restriction.

19.5 Notices

Notices to ABConvert must be sent to support@abconvert.io. Notices to you will be sent to the email address associated with your Shopify account or displayed within the App.

20. Contact Information

If you have questions about these Terms or need assistance with your account, please contact us at:

Email: support@abconvert.io