Terms of Service

Welcome to techtone.ai (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the techtone.ai platform, website, and services (collectively, the “Service”). The Service provides AI-powered tools to help you customize and optimize your Shopify store's theme.

By creating an account, accessing, or using techtone.ai, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING LIMITATIONS OF LIABILITY AND A MANDATORY ARBITRATION PROVISION.

1. Eligibility & Account Registration

1.1 Eligibility

You must meet the following requirements to use the Service:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Have a valid Shopify store to connect to our platform

1.2 Account Creation via Shopify

techtone.ai is exclusively available as a Shopify app. To use the Service:

• Install techtone.ai from the Shopify App Store
• Authenticate using your existing Shopify account credentials
• Grant the necessary permissions for our app to access your store data

You do not create a separate account with us. Your authentication is managed entirely through Shopify's secure OAuth system.

1.3 Account Security

You are responsible for:

• Maintaining the security of your Shopify account credentials
• All activities that occur through our app under your Shopify account
• Notifying Shopify and us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your Shopify account credentials.

1.4 Account Accuracy

Your account information is provided by Shopify. We rely on the accuracy of your Shopify account details. You are responsible for keeping your Shopify account information current.

2. Service Description

2.1 Core Features

techtone.ai provides the following features:

• AI-Powered Theme Customization: Use natural language to request modifications to your Shopify theme
• Code Generation: AI-generated Liquid, CSS, and JavaScript code tailored to your brand
• Brand Management: Store and manage brand colors, logos, personas, and custom rules
• Theme Analysis: Semantic indexing and analysis of your Shopify theme files
• Chat Interface: Conversational AI assistant for iterative theme development
• Preview & Deployment: Review AI-generated changes before deploying to your Shopify store

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of material changes that may negatively impact the Service.

2.3 Beta Features

We may offer beta, experimental, or early-access features. These features are provided “as is” and may be modified or discontinued at any time. We make no warranties regarding beta features.

3. User Obligations & Acceptable Use

3.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service to:

• Customize and optimize your Shopify store's theme
• Generate brand-appropriate content and code
• Manage your brand assets and preferences
• Interact with our AI assistant in good faith

3.2 Prohibited Activities

You agree NOT to:

• Violate Laws: Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Abuse the Service: Overload, spam, or attempt to disrupt the Service through excessive API calls, automated requests, or denial-of-service attacks
• Reverse Engineer: Attempt to decompile, reverse engineer, or discover the source code of the Service or AI models
• Scrape or Extract: Use automated tools to scrape, extract, or harvest data from the Service
• Impersonate: Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Harmful Content: Upload malicious code, viruses, or any content that could harm our systems or other users
• Infringe Rights: Violate intellectual property rights, trademarks, or copyrights of others
• Resell or Redistribute: Resell, sublicense, or redistribute the Service without our written permission
• Bypass Security: Attempt to bypass, disable, or interfere with security features or access controls
• Competitive Use: Use the Service to build a competing product or service

3.3 Shopify Integration Obligations

When connecting your Shopify store, you agree to:

• Have proper authorization to grant us access to your Shopify store
• Comply with Shopify's Terms of Service and API usage policies
• Not use our Service to violate Shopify's policies
• Review and test all AI-generated changes before deploying them to your live store

3.4 Content Responsibility

You are solely responsible for all content you upload, including brand assets, logos, text, and custom rules. You warrant that you have all necessary rights and permissions to upload such content and that it does not violate any third-party rights or applicable laws.

4. Intellectual Property

4.1 Our Intellectual Property

The Service, including its software, algorithms, AI models, user interface, design, features, and all related intellectual property, is owned by techtone.ai or our licensors. These Terms do not grant you any ownership rights to the Service.

techtone.ai®, the techtone.ai logo, and other trademarks, service marks, and logos used in connection with the Service are trademarks or registered trademarks of techtone.ai. You may not use these marks without our prior written permission.

4.2 Your Content

You retain all ownership rights to the content you upload to the Service, including:

• Brand assets (logos, images, fonts)
• Company information and brand guidelines
• Chat messages and requests
• Shopify theme customizations you create

4.3 License to Your Content

By uploading content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of:

• Providing the Service to you
• Processing your AI requests
• Improving our AI models and Service quality (in anonymized form)
• Complying with legal obligations

This license terminates when you delete your content or close your account, except where retention is required by law or for legitimate business purposes (e.g., backups, dispute resolution).

4.4 AI-Generated Content

Code and content generated by our AI assistant (“AI-Generated Content”) is provided to you for your use. However:

• You are responsible for reviewing and testing AI-Generated Content before use
• We do not claim ownership of AI-Generated Content created specifically for you
• We cannot guarantee that AI-Generated Content is free from intellectual property claims by third parties
• You agree to indemnify us for any claims arising from your use of AI-Generated Content

4.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution.

5. Fees & Payment

5.1 Shopify Billing

All billing for techtone.ai is processed exclusively through Shopify's billing system. We do not collect payment information directly. By subscribing to our app, you agree to:

• Pay subscription fees through your Shopify account
• Charges appearing on your Shopify invoice alongside other app charges
• Shopify's billing terms and payment processing policies

5.2 Subscription Plans

Our subscription plans and pricing are displayed in the Shopify App Store and within the app. You will be notified of any pricing changes in advance. Your continued use of the Service after pricing changes constitutes acceptance of the new pricing.

5.3 Taxes

All fees are exclusive of applicable taxes (e.g., sales tax, VAT, GST). Taxes are handled by Shopify as part of their billing process in accordance with your location and Shopify's tax policies.

5.4 Refunds

Refund requests are processed through Shopify's billing system. Generally, fees are non-refundable except as required by law or as otherwise stated in Shopify's refund policies. Contact us at support@techtone.ai for refund inquiries.

5.5 Cancellation

You may cancel your subscription at any time through your Shopify admin dashboard. Upon cancellation:

• You retain access until the end of your current billing period
• No further charges will be made to your Shopify account
• Your data will be retained for 30 days, after which it will be deleted

6. Disclaimers & Warranties

6.1 “As Is” Basis

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of AI-generated content
• Warranties that defects will be corrected

6.2 AI Limitations

You acknowledge that:

• AI-generated code and content may contain errors, bugs, or inaccuracies
• AI models are probabilistic and may produce inconsistent or unexpected results
• You are solely responsible for reviewing, testing, and validating AI-generated content before deploying it to your live Shopify store
• We do not guarantee that AI-generated content will meet your specific requirements or expectations

6.3 Third-Party Services

The Service integrates with third-party services including Shopify, Google Cloud, and others. We are not responsible for:

• The availability, performance, or functionality of third-party services
• Changes to third-party APIs or policies that affect the Service
• Data loss or service interruptions caused by third-party providers

6.4 No Guarantee of Results

We do not guarantee that using the Service will:

• Increase your sales, conversions, or business success
• Improve your Shopify store's performance or user experience
• Generate content that is free from intellectual property claims
• Meet all of your specific business requirements

6.5 Backup Responsibility

You are solely responsible for maintaining backups of your Shopify theme and data. We recommend:

• Creating theme backups before deploying AI-generated changes
• Using Shopify's version control features
• Testing changes in a development or staging environment first

7. Limitation of Liability

7.1 Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHTONE.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGES RESULTING FROM AI-GENERATED ERRORS OR INACCURACIES
• DAMAGES CAUSED BY UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR DOWNTIME
• DAMAGES CAUSED BY THIRD-PARTY SERVICES OR INTEGRATIONS

7.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• $100 USD

7.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless techtone.ai, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you upload to the Service
• AI-generated content you deploy to your Shopify store
• Your breach of any representation or warranty in these Terms

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

9. Data & Privacy

9.1 Privacy Policy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your data.

9.2 Data Processing

By using the Service, you consent to:

• Our collection and processing of your data as described in the Privacy Policy
• Transfer of your data to third-party service providers (e.g., Google Cloud, Supabase)
• Use of your data to improve AI models and Service quality (in anonymized form)
• Storage of your Shopify theme files and brand assets on our servers

9.3 Data Security

While we implement reasonable security measures, you acknowledge that:

• No system is completely secure
• We cannot guarantee absolute security of your data
• You use the Service at your own risk

10. Term & Termination

10.1 Term

These Terms commence when you create an account or first use the Service and continue until terminated by you or us.

10.2 Termination by You

You may uninstall the app and terminate your access at any time by:

• Uninstalling techtone.ai from your Shopify admin dashboard, or
• Contacting us at support@techtone.ai

10.3 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms or our policies
• Your use of the Service poses a security or legal risk
• You engage in fraudulent, abusive, or illegal activity
• We are required to do so by law
• We discontinue the Service (with reasonable notice when feasible)

10.4 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• We will delete your account data in accordance with our Privacy Policy
• You remain liable for any outstanding obligations
• Provisions that by their nature should survive (e.g., indemnification, limitation of liability) will continue to apply

10.5 No Refunds on Termination

If we terminate your account for cause, you are not entitled to a refund of any fees paid. If you terminate your account, refunds (if any) will be governed by our refund policy.

11. Dispute Resolution & Arbitration

11.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@techtone.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

11.2 Binding Arbitration

IF INFORMAL RESOLUTION FAILS, YOU AND TECHTONE.AI AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS PROVIDED BELOW.

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration organization (e.g., American Arbitration Association). The arbitrator's decision will be final and binding.

11.3 Exceptions to Arbitration

Either party may seek relief in court for:

• Intellectual property disputes (e.g., trademark or copyright infringement)
• Claims that can be brought in small claims court
• Injunctive or equitable relief to prevent irreparable harm

11.4 Class Action Waiver

YOU AND TECHTONE.AI AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

11.5 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any arbitration or court proceeding will be conducted in [Your Jurisdiction].

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and techtone.ai regarding the Service and supersede any prior agreements.

12.2 Modifications to Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the “Last Updated” date at the top
• Notify you via email or a prominent notice on the platform
• Provide at least 30 days' notice for material changes

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and close your account.

12.3 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor in connection with a merger, acquisition, or sale of assets.

12.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

12.5 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

12.6 Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of war, government actions, internet failures, or third-party service outages.

12.7 Relationship of the Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and techtone.ai. You have no authority to bind us or make commitments on our behalf.

12.8 Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third parties, except as expressly stated.

12.9 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country.

12.10 Notice

Notices to you may be provided via email to the address on your account or through the Service. Notices to us should be sent to legal@techtone.ai.

13. Contact Information

If you have questions about these Terms or the Service, please contact us: