Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and Qubify Inc. ("Qubify," "we," "us," or "our") governing your access to and use of the Qubify AI commerce assistant platform, website at https://qubify.ai, Shopify application, and all related services (collectively, the "Service").

By accessing or using the Service, creating an account, or joining our waitlist, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Qubify provides an AI-powered commerce assistant platform designed for Shopify merchants. The Service includes:

• An AI chat assistant widget that can be embedded on your Shopify storefront
• Pre-sale assistance: product discovery, recommendations, and discount generation
• Post-sale support: order tracking, WISMO (Where Is My Order) automation, returns and refund handling
• A knowledge base system for training the AI on your store's content
• A merchant dashboard for analytics, conversation review, and configuration
• Human escalation routing for complex customer inquiries
• Multi-agent AI framework capabilities as released from time to time

The Service is currently in early access. Features, availability, and pricing are subject to change. We will provide reasonable notice of material changes.

3. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Operate a legitimate Shopify store or e-commerce business
• Not be prohibited from using the Service under applicable law

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorised access to your account.

4. Shopify Integration and Data Access

By connecting your Shopify store to Qubify, you authorise us to access your store data via the Shopify API as described in our Privacy Policy. You represent and warrant that:

• You own or have the right to operate the Shopify store you connect
• You have obtained all necessary consents from your customers to process their data through the Service
• Your use of the Service complies with Shopify's Partner Program Agreement and Acceptable Use Policy
• You will not use the Service to access or process data from stores you are not authorised to operate

You may revoke Qubify's access to your Shopify store at any time through your Shopify admin panel. Revoking access will disable the Service for your store.

5. AI Assistant — Limitations and Responsibilities

You acknowledge and agree that:

• The AI assistant is powered by large language models and may produce inaccurate, incomplete, or unexpected responses ("AI Errors").
• You are solely responsible for reviewing, monitoring, and correcting AI responses before they reach your customers.
• Qubify is not liable for any AI Errors, including incorrect product information, pricing errors, or inaccurate order status updates provided to your customers.
• You must not configure the AI assistant to make legally binding commitments, process payments, or take actions that exceed the intended scope of customer support.
• You are responsible for ensuring the AI assistant's responses comply with all applicable consumer protection, advertising, and e-commerce laws in your jurisdiction.
• The AI assistant should not be used as a substitute for professional legal, financial, medical, or other regulated advice.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Engage in deceptive, fraudulent, or misleading practices toward your customers
• Transmit spam, unsolicited communications, or malicious code
• Attempt to reverse engineer, decompile, or extract the source code of the Service
• Circumvent, disable, or interfere with security features of the Service
• Use the Service to train competing AI models or products
• Scrape, crawl, or extract data from the Service in an automated manner without our written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service in connection with illegal products, services, or activities
• Overload, disrupt, or impair the infrastructure of the Service

We reserve the right to suspend or terminate your access to the Service immediately and without notice if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

7. Intellectual Property

7.1 Qubify's Intellectual Property

The Service, including all software, algorithms, AI models, designs, trademarks, logos (including the Qubi mascot), and content created by Qubify, is owned by or licensed to Qubify Inc. and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your internal business purposes in accordance with these Terms.

7.2 Your Content

You retain ownership of all content you upload to the Service, including your knowledge base, product data, and brand materials ("Your Content"). By uploading Your Content, you grant Qubify a worldwide, non-exclusive, royalty-free licence to use, process, and display Your Content solely to provide the Service to you.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without compensation to you.

8. Fees and Payment

During the early access period, the Service may be provided free of charge or at a promotional rate. Paid plans and pricing will be communicated to you before any charges are applied. You will have the opportunity to accept or decline paid plans before being charged.

When paid plans are introduced, you agree to pay all applicable fees in accordance with the pricing plan you select. All fees are exclusive of applicable taxes, which you are responsible for paying. Fees are non-refundable except as expressly stated in our refund policy or required by applicable law.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE AI ASSISTANT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC BUSINESS NEEDS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUBIFY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO QUBIFY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Qubify and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party rights; or (e) any dispute between you and your customers arising from the AI assistant's responses.

11. Termination

Either party may terminate these Terms at any time. You may terminate by discontinuing use of the Service and deleting your account. We may terminate or suspend your access immediately, without prior notice or liability, if you breach these Terms or if we decide to discontinue the Service.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) shall survive.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction for matters involving intellectual property or confidentiality.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or a prominent notice on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qubify regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact Us

For questions about these Terms, please contact us: