Terms of Service

These Terms of Service (“Terms”) govern your use of the Nerja AI application (“the App”) available on the Shopify App Store. By installing or using the App, you agree to these Terms.

1. Service Description

Nerja AI is a marketing automation platform that provides cart recovery, customer intent scoring, audience segmentation, and multi-channel messaging (email, SMS, WhatsApp) for Shopify merchants. The App integrates with your Shopify store via the Shopify Admin API and web pixel.

2. Your Responsibilities

• You are responsible for complying with applicable marketing laws and regulations, including CAN-SPAM, GDPR, TCPA, and CTIA rules.
• You must have proper consent to message your customers via the channels you select.
• You are responsible for the content of messages sent through the App.
• You must keep your provider credentials (SES, Twilio, etc.) current and valid.

3. Billing & Plans

The App offers four plans: Starter (free), Growth ($49/mo), Pro ($159/mo), and Custom. Billing is managed through Shopify’s Managed Pricing system. Plan changes (upgrade, downgrade, cancellation) take effect according to Shopify’s billing cycle. Each plan includes monthly message limits per channel; over-limit sends are blocked until the next cycle or plan upgrade.

4. Data Processing

You are the data controller for your customers’ personal data. Nerja AI acts as a data processor on your behalf, processing data only to provide the App’s functionality. We do not access, use, or disclose your data except as necessary to operate the App or as required by law.

5. Acceptable Use

You agree not to:

• Use the App to send unsolicited or spam messages.
• Send content that is illegal, defamatory, or infringes on intellectual property rights.
• Attempt to reverse-engineer, decompile, or gain unauthorized access to the App’s systems.
• Use the App in a manner that could damage, disable, or impair the App or interfere with other merchants’ use.

6. Intellectual Property

The App, including its software, design, and branding, is the property of Nerja AI and is protected by intellectual property laws. You retain all rights to your store data and customer information.

7. Limitation of Liability

The App is provided “as is” without warranties of any kind. To the maximum extent permitted by law, Nerja AI shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business interruption. Our total liability shall not exceed the amount you paid for the App in the preceding 12 months.

8. Termination

You may cancel at any time by uninstalling the App from your Shopify admin. Upon uninstall, Shopify triggers data deletion webhooks and we remove your data within 30 days as described in our Privacy Policy.

9. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via the App or email. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.

10. Contact

For questions about these Terms, contact support@nerja.ai.