Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and AdaptiveIQ (“AdaptiveIQ”, “we”, “us”, or “our”) governing your access to and use of our website, app, and services (together, the “Service”). By creating an account, connecting a store, or otherwise using the Service, you agree to these Terms and to our Privacy Policy.

If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms, and “you” refers to that business.

• “Account” means the account you create to access the Service.
• “Store” means the online store you connect to AdaptiveIQ.
• “Content” means product data, images, text, and other materials you provide or that we process on your behalf.
• “Generated Content” means images, video, text, or metadata created by the Service using AI.
• “Credits” means the generation allowance included with your plan.

You must be at least 16 years old and able to form a binding contract to use the Service. You are responsible for the information in your Account, for maintaining the confidentiality of your credentials, and for all activity that occurs under your Account. Notify us promptly of any unauthorized use.

Subject to these Terms and your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own business purposes. We may add, change, or remove features at any time, and we may set reasonable usage limits to keep the Service reliable for everyone.

When you connect a Store, you authorize AdaptiveIQ to access and modify products, images, and related data through the platform's API in order to provide the Service. You are responsible for:

• Having the rights to all Content you upload or connect, and to publish Generated Content to your Store.
• Reviewing Generated Content for accuracy and suitability before publishing it.
• Your Store's compliance with the rules of the platform it runs on and with applicable law.
• Keeping your plan appropriate for the number of products you sync.

The Service uses artificial intelligence to score images and generate new images, video, alt text, and copy. As between you and us, you own the Generated Content produced for your Store, and you are solely responsible for how you use and publish it.

AI output may contain errors, artefacts, or inaccuracies and may not be unique to you. We make no guarantee that Generated Content is fit for a particular purpose, non-infringing, or free of similarity to other outputs. You must review Generated Content before use and are responsible for ensuring it is accurate and lawful.

You agree not to:

• Use the Service for any unlawful, infringing, deceptive, or harmful purpose.
• Upload Content you do not have the rights to, or that is illegal, offensive, or violates others' rights.
• Attempt to reverse engineer, scrape, overload, or circumvent limits or security of the Service.
• Resell or provide the Service to third parties except as expressly permitted.
• Use the Service to generate content that is misleading about a product in a way that violates consumer-protection law.

Paid plans are billed through Shopify using the Shopify Billing API, on a recurring basis (every 30 days, or annually) according to the plan and credit tier you select. Charges are approved by you in your Shopify admin and appear on your regular Shopify invoice; AdaptiveIQ never collects or stores your payment details. Each plan includes a set allowance of generation Credits per billing period and, on some plans, a limit on the number of products synced from your Store. Credits reset each billing period and do not roll over unless stated otherwise.

By approving a charge in Shopify, you authorize Shopify to bill you on a recurring basis until you cancel. You can cancel at any time from the app’s Billing page or your Shopify admin; Shopify credits the unused portion of the current period. Prices may change; we will give reasonable notice before changes affecting your plan take effect, and any change requires you to approve a new charge. You are responsible for any applicable taxes.

Free plan and immediate billing

We offer a free tier that does not require a payment method. When you subscribe to a paid plan, your payment method is charged immediately and your subscription begins right away; it then renews automatically each billing period until you cancel.

You can cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period, and you retain access until then. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods or unused Credits.

The Service, including its software, design, and branding, is owned by AdaptiveIQ and protected by intellectual-property laws. These Terms do not grant you any rights in our trademarks or technology except the limited licence to use the Service. You retain ownership of your Content and, as stated above, of the Generated Content produced for your Store.

You grant us a limited licence to host, process, and transmit your Content solely to operate and improve the Service and to provide it to you.

The Service integrates with third-party services such as your commerce platform, payment processors, and AI providers. Your use of those services is governed by their own terms, and we are not responsible for their acts, omissions, availability, or content.

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that Generated Content will increase sales, conversions, or any specific business outcome.

To the maximum extent permitted by law, AdaptiveIQ and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to your use of the Service. Our total liability for any claim will not exceed the amount you paid us for the Service in the twelve months before the event giving rise to the claim.

You agree to indemnify and hold harmless AdaptiveIQ from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Content, your use of the Service, your publication of Generated Content, or your violation of these Terms or applicable law.

You may stop using the Service and close your Account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us or others. On termination, your licence ends and we may delete your data as described in our Privacy Policy. Provisions that by their nature should survive termination will survive.

These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws principles. The courts of England and Wales will have exclusive jurisdiction over any dispute arising from these Terms or the Service, unless applicable law grants you the right to bring proceedings elsewhere.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you in the app or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

Questions about these Terms? Contact us at dayo@adaptiveiq.co.