Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Akikumo application and related services (the "Service") provided by Akikumo, Inc. ("Akikumo," "we," "us," or "our"). By installing, accessing, or using the Service on your Shopify store, you agree to these Terms. If you do not agree, do not install or use the Service.

1. The Service

Akikumo is a software-as-a-service application that integrates with Shopify to provide merchandising insights, analytics, planning tools, and related features for ecommerce merchants. Features may include product and collection intelligence, performance analysis, planning workflows, marketing insights, and optional integrations (such as Slack). We may update, add, or remove features from time to time.

2. Eligibility and Authority

You represent that you are at least 18 years old and have the legal authority to bind the business that owns or operates the Shopify store on which the Service is installed. You are responsible for ensuring that your use of the Service complies with applicable laws and with Shopify's terms and policies.

3. Accounts and Access

Access to the Service is provided through your Shopify store and any additional authentication we may require. You are responsible for maintaining the security of your Shopify account, staff accounts, and any credentials used to access the Service. You must promptly notify us of any unauthorized access or use.

4. Subscriptions and Billing

Paid plans are billed through Shopify's billing system according to the plan you select. Fees, billing intervals, and plan features are described on our pricing page or within the Shopify App Store listing and may change with notice. Unless otherwise stated, subscriptions renew automatically until canceled. Taxes may apply. Refunds, if any, are handled in accordance with Shopify's billing policies and any refund policy we publish.

Free trials or promotional offers, if offered, are subject to the terms presented at signup and may be modified or withdrawn at our discretion.

5. Your Store Data and Content

You retain ownership of your store data, product information, content, and other materials you provide or that we access through Shopify APIs on your behalf ("Store Data"). You grant Akikumo a limited license to access, process, store, and use Store Data solely to provide, maintain, secure, and improve the Service, and as otherwise described in our Privacy Policy.

You represent that you have all rights necessary to grant this license and that your Store Data does not violate any law or third-party rights. We do not claim ownership of your Store Data.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, or fraudulent purpose
• Attempt to gain unauthorized access to the Service, related systems, or other merchants' data
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code from the Service, except where prohibited by law
• Resell, sublicense, or provide the Service to third parties except as expressly permitted
• Use the Service in a manner that violates Shopify's Acceptable Use Policy or API terms
• Upload malware or content that infringes intellectual property or privacy rights

7. Intellectual Property

The Service, including software, interfaces, designs, documentation, trademarks, and related materials, is owned by Akikumo or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service. You may not copy, modify, distribute, or create derivative works based on the Service except as expressly allowed.

8. Third-Party Services

The Service depends on Shopify and may integrate with third-party services (for example, Slack). Your use of those platforms is subject to their own terms and privacy policies. We are not responsible for third-party services, their availability, or their handling of data once shared according to your configuration or instructions.

9. Insights and Recommendations

The Service may provide analytics, scores, forecasts, suggestions, or other insights. These are informational tools only. You remain solely responsible for merchandising, inventory, marketing, pricing, and other business decisions. We do not guarantee specific commercial results.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKIKUMO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL NEVER BE LOST.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKIKUMO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO AKIKUMO FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Akikumo and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your Store Data, your violation of these Terms, or your violation of any law or third-party rights.

13. Termination

You may stop using the Service at any time by uninstalling the app from your Shopify store and canceling any paid subscription through Shopify billing. We may suspend or terminate access to the Service if you breach these Terms, if required by law or Shopify, or if we discontinue the Service.

Upon termination, your right to use the Service ends. When you uninstall the app, Shopify notifies us of the uninstall. Upon receiving that request from Shopify, we delete Store Data associated with your installation in accordance with Shopify's requirements, our Privacy Policy, and applicable law. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive termination.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree, you must uninstall the Service and stop using it.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except where mandatory local law applies. Courts located in Delaware will have exclusive jurisdiction over disputes arising from these Terms, unless applicable law requires otherwise.

16. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Akikumo regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact Us

If you have questions about these Terms, contact us at:

Akikumo, Inc.
Email: support@akikumo.com