Terms of Service for UpsellAgents AI

Last Updated: April 9, 2026

These Terms of Service ("Terms") govern your use of UpsellAgents AI ("the App"), a Shopify application provided by UpsellAgents AI ("we", "us", "our"). By installing or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By installing UpsellAgents AI from the Shopify App Store, you confirm that you are authorized to act on behalf of the Shopify store and agree to these Terms, our Privacy Policy, and our Cookie Policy.

2. Description of Service

UpsellAgents AI provides an AI-powered sales assistant, support chatbot, behavioral analytics, and visitor journey tracking for Shopify stores. The App operates entirely within your Shopify admin and uses your product catalog, order data, and visitor behavior to deliver personalized customer experiences.

3. Account and Store Requirements

• You must have an active Shopify store to use the App.
• You are responsible for maintaining the security of your Shopify account credentials.
• You must provide accurate store information and keep it up to date.

4. Free Trial

Every new installation receives a one-time free trial of 1,000 AI sessions. The trial does not expire and does not require a credit card. Once the trial sessions are used, a paid plan is required to continue using the App. All features are available during the trial — there are no feature restrictions.

5. Paid Plans and Billing

• Paid plans are billed monthly through Shopify's billing system.
• All features are included at every paid tier. Plans differ only by session volume.
• You may upgrade or downgrade your plan at any time. Changes take effect immediately.
• Refunds are handled in accordance with Shopify's billing policies.
• We reserve the right to change pricing with 30 days' notice. Existing subscribers will be notified before any price change takes effect on their account.

6. Acceptable Use

You agree not to:

• Use the App to distribute spam, malware, or illegal content.
• Attempt to reverse-engineer, decompile, or extract the App's source code or AI models.
• Manipulate session counts or billing through automated or fraudulent means.
• Use the App in violation of Shopify's Terms of Service or Acceptable Use Policy.
• Resell or redistribute access to the App without written authorization.

7. AI-Generated Content

The App uses artificial intelligence to generate responses and product recommendations. While we strive for accuracy, AI-generated content may occasionally contain errors. You are responsible for reviewing chatbot responses and ensuring they comply with applicable laws and reflect your store's policies. We are not liable for how AI-generated content is interpreted or acted upon by your customers.

8. Intellectual Property

The App, including its code, design, AI models, and documentation, is the intellectual property of UpsellAgents AI. Your use of the App does not transfer any ownership rights. Your store data, product catalog, and brand assets remain your property at all times.

9. Data and Privacy

Our collection and use of data is governed by our Privacy Policy. We do not collect personally identifiable information (PII) from your customers. All data is deleted upon uninstallation of the App.

10. Service Availability

We aim to provide reliable, uninterrupted service but do not guarantee 100% uptime. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime in advance.

11. Limitation of Liability

To the fullest extent permitted by law, UpsellAgents AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, data, or business opportunities, arising from your use of the App. Our total liability for any claim shall not exceed the amount you paid for the App in the 12 months preceding the claim.

12. Disclaimer of Warranties

The App is provided on an "as-is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to indemnify, defend, and hold harmless UpsellAgents AI, its owners, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the App, your violation of these Terms, or your violation of any third-party rights.

14. Termination

• You may terminate your use of the App at any time by uninstalling it from your Shopify store.
• We may suspend or terminate your access if you violate these Terms or engage in abusive behavior.
• Upon termination, all data associated with your store is deleted in accordance with our Privacy Policy.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or via email. Continued use of the App after changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction.

Contact Us

If you have questions about these Terms, contact us at support@upsellagents.ai.