Terms of Service

These Terms of Service (“Terms”) govern your use of the ActDesk AI application (“App”), operated by ActDesk AI (“we”, “our”, or “us”). By installing or using the App, you (“Merchant” or “you”) agree to be bound by these Terms. If you do not agree, do not install or use the App.

1. Description of Service

ActDesk AI is an AI-powered customer support agent for Shopify stores. The App provides automated responses to customer inquiries using artificial intelligence, including order tracking, product information, policy retrieval, and human escalation. The App is available as a Shopify embedded application with a storefront chat widget delivered via Shopify Theme App Extension.

2. Eligibility

You must be a Shopify merchant with an active Shopify store to use the App. You must be at least 18 years of age or the age of majority in your jurisdiction. By installing the App, you represent that you have the authority to bind your business to these Terms.

3. Account & Access

• The App authenticates via Shopify’s OAuth and App Bridge session tokens. No separate account creation is required.
• You are responsible for maintaining the security of your Shopify admin account. We are not liable for unauthorized access resulting from compromised Shopify credentials.
• We request only the minimum Shopify API scopes necessary for the App to function: read_orders, read_products, read_customers, write_orders, read_themes, read_legal_policies.

4. Billing & Subscriptions

• All billing is managed through the Shopify Billing API. We do not process payment card data directly.
• Subscription plans are billed monthly through your Shopify account. Current plans: Starter ($29/mo), Growth ($49/mo), and Pro ($79/mo).
• Plan pricing may change with 30 days’ notice. Existing subscribers will be notified via the email address on file in their Shopify account.
• Cancellation takes effect at the end of the current billing cycle. No refunds are provided for partial billing periods.
• Founding member pricing (“locked-in” rates) is honored for the lifetime of continuous subscription. If you cancel and re-subscribe, standard pricing applies.

5. AI-Generated Responses

• The App uses third-party AI language models (Claude by Anthropic) to generate responses to customer inquiries. AI-generated responses are based on your store data (products, policies, orders) and may not always be accurate.
• You are responsible for reviewing and configuring the AI agent’s behavior, including setting guardrails (refund limits, escalation rules, approval thresholds) via the Settings page.
• We do not guarantee that AI responses will be error-free, complete, or appropriate for every customer interaction. You should monitor conversations via the Dashboard and adjust settings as needed.
• The App is not a substitute for professional legal, financial, or medical advice. AI responses should not be relied upon for such purposes.

6. Data Handling & Privacy

• Our handling of merchant and customer data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• We do not use your data or your customers’ data to train AI models. See our Privacy Policy Section 3 for details.
• Customer conversation data is retained for 12 months or until a GDPR redaction request is received.
• All store data is permanently deleted 48 hours after app uninstallation, per Shopify’s shop/redact webhook.

7. Acceptable Use

You agree not to:

• Use the App to send spam, phishing, or unsolicited messages to customers
• Attempt to extract, reverse-engineer, or circumvent the AI models or system prompts used by the App
• Use the App for any illegal purpose or in violation of Shopify’s Terms of Service
• Misrepresent AI-generated responses as human-authored in contexts where such distinction is legally required
• Use the App to process transactions or collect data beyond the scope of customer support

8. Intellectual Property

• The App, including its code, design, algorithms, and documentation, is owned by ActDesk AI and protected by intellectual property laws.
• Your store data (products, policies, orders, customer information) remains your property. We claim no ownership over your data.
• AI-generated responses created by the App on your behalf are provided for your use in customer communication. We claim no copyright over these responses.

9. Service Availability & Support

• We aim for 99.9% uptime but do not guarantee uninterrupted service. The App depends on third-party services (Shopify API, Anthropic API, hosting infrastructure) that may experience outages.
• Scheduled maintenance will be communicated via email with at least 24 hours’ notice when possible.
• Support is available via email at support@actdeskai.com. Response times vary by plan tier.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTDESK AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

We are not liable for any actions taken by the AI agent, including but not limited to incorrect refund processing, inaccurate information provided to customers, or escalation failures. You are responsible for configuring appropriate guardrails and monitoring AI behavior.

11. Indemnification

You agree to indemnify and hold harmless ActDesk AI, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the App, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) customer disputes arising from AI-generated responses or actions taken by the App on your behalf.

12. Termination

• You may terminate these Terms at any time by uninstalling the App from your Shopify store.
• We may terminate or suspend your access to the App at any time for violation of these Terms, with notice via the email address on file in your Shopify account.
• Upon termination, all data associated with your store will be deleted per our data retention policy and Shopify’s GDPR requirements.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before they take effect. Continued use of the App after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Contact

For questions about these Terms, contact us at: