Contents
- 01Acceptance
- 02The service
- 03Your account
- 04Subscriptions & fees
- 05Acceptable use
- 06Your data & content
- 07AI outputs
- 08Intellectual property
- 09Third-party services
- 10Confidentiality
- 11Warranties
- 12Limitation of liability
- 13Indemnification
- 14Suspension & termination
- 15Changes
- 16Governing law
- 17Contact
01Acceptance
These terms are a contract between you ("you", "customer", "merchant") and 40rty Ltd. ("40rty", "we"). By creating an account, installing AgentIQ on a Shopify store, or otherwise using our services, you agree to these terms. If you are accepting on behalf of a company, you represent that you have the authority to bind it.
02The service
40rty operates AgentIQ, a Shopify-native application that audits and optimizes product catalogs for AI shopping agents, and the website at 40rty.ai. We provide the service as described in our public documentation. We may improve, change, or discontinue features over time, with reasonable notice for material changes.
03Your account
- You must be at least 18 and able to enter a contract.
- You're responsible for keeping your credentials secure and for activity under your account.
- You authorize 40rty to access your Shopify store data through the scopes you grant during installation.
- One person may not share an account with another. Team accounts must use individual seats.
04Subscriptions & fees
- Plans. AgentIQ is offered on monthly or annual subscriptions. Pricing is published on our website and may change for new billing periods with 30 days' notice.
- Free trials. Where offered, free trials convert to paid plans at the end of the trial period unless cancelled. We tell you the trial length and price up front.
- Billing. Charges are billed in advance through Shopify Billing or our payment processor. All fees are exclusive of taxes; you are responsible for applicable VAT, sales, and similar taxes.
- Refunds. Subscription fees are non-refundable except where required by law or where 40rty terminates without cause.
- Auto-renewal. Subscriptions auto-renew at the then-current price unless cancelled before renewal. You can cancel anytime from your Shopify admin.
- Late payment. If a charge fails, we may suspend the service after a reasonable cure period.
05Acceptable use
You agree not to:
- Use the service for anything illegal, infringing, deceptive, or that violates a third party's rights.
- Reverse-engineer, scrape, decompile, or attempt to extract source code, except where the law expressly allows.
- Interfere with the service, bypass rate limits, or attempt to gain unauthorized access.
- Use AgentIQ outputs to train competing AI models or to build a directly competing product.
- Resell, sublicense, or provide the service to third parties without a written agreement.
- Submit content that's malicious, harmful to minors, or designed to deceive agents or end-users.
We may suspend or terminate accounts that materially breach this section.
06Your data & content
- You own your data. You retain all rights in your product data, store data, and any content you submit ("Customer Data"). 40rty doesn't claim ownership.
- Limited license to us. You grant 40rty the right to host, process, copy, transmit, and display Customer Data solely as needed to provide the service to you and to comply with the law.
- Privacy. Our use of personal information is governed by our Privacy Policy.
- Export. You can export your AgentIQ data at any time during your subscription. After termination, we keep data for 30 days for recovery, then delete it (subject to legal retention).
07AI outputs
AgentIQ uses machine-learning models to produce audits, scores, and written drafts ("AI Outputs"). Important things to know:
- You own the outputs. As between you and 40rty, you own AI Outputs generated for your account, subject to the third-party rights below.
- Outputs are recommendations, not changes. AgentIQ does not edit your Shopify listings automatically. You decide what to publish.
- No guarantee of accuracy. AI Outputs can be incomplete, inaccurate, or biased. You should review them before relying on them. Don't use them in safety-critical, medical, legal, financial-advice, or regulated contexts without independent human review.
- Similar outputs. Two customers asking similar questions may receive similar outputs. We don't guarantee uniqueness.
- No training on your data without opt-in. We do not use Customer Data to train base AI models without your explicit opt-in.
- Third-party providers. Some AI processing is performed by subprocessors under their own terms; their terms apply to outputs they generate.
08Intellectual property
40rty owns the service, the AgentIQ software, all documentation, the brand, and any improvements or feedback you give us (you grant us a perpetual, royalty-free license to use feedback). Nothing in these terms transfers 40rty IP to you beyond the right to use the service.
09Third-party services
AgentIQ integrates with Shopify and other third-party services. Your use of those is governed by their terms. 40rty is not responsible for third-party services or their availability. If a third-party service changes or terminates access, we may modify the affected feature or discontinue it with notice.
10Confidentiality
Each party agrees to keep the other's non-public information confidential, use it only as needed to perform under these terms, and protect it with at least the same care as its own confidential information. This obligation survives termination for three years (indefinitely for trade secrets).
11Warranties & disclaimers
We warrant that we will provide the service with reasonable skill and care. Except for that, the service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not warrant uninterrupted, error-free operation, or that AI Outputs will meet your expectations.
12Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility. Each party's total liability arising out of or related to these terms will not exceed the fees you paid 40rty in the 12 months before the event giving rise to the claim, or US $100, whichever is greater. Nothing in this section limits liability that cannot be limited under applicable law (such as fraud, willful misconduct, or breach of confidentiality by you).
13Indemnification
You will defend, indemnify, and hold 40rty harmless from claims arising out of your Customer Data, your use of AI Outputs in violation of these terms, your breach of acceptable use, or your violation of law or third-party rights. 40rty will defend, indemnify, and hold you harmless from third-party claims that the service, as provided by us and used in accordance with these terms, infringes a valid IP right. Each party's indemnity is conditioned on prompt notice, sole control of the defense, and reasonable cooperation.
14Suspension & termination
- You may cancel anytime. Cancellation stops auto-renewal; the current paid period continues until it ends.
- We may suspend or terminate the service for material breach, non-payment, illegal use, or risk to other customers or the system.
- On termination, your right to use the service ends. We delete Customer Data after a 30-day grace period, subject to legal retention.
- Sections that by their nature should survive (data, IP, confidentiality, warranties, liability, indemnity, law) survive termination.
15Changes to these terms
We may update these terms. We post the new version with an updated effective date. Material changes are notified by email or in-app at least 30 days before they take effect. If you don't agree, your remedy is to stop using the service before the change takes effect.
16Governing law & disputes
These terms are governed by the laws of Ireland, without regard to conflict-of-laws principles. Disputes will be resolved in the courts of Dublin, Ireland, except that either party may seek injunctive relief in any court of competent jurisdiction. Where you have mandatory consumer rights in your country, this section does not override them.
17Contact
Questions about these terms, notices, or legal correspondence: contact@40rty.ai. 40rty Ltd., registered in Ireland.