Terms of Service
These terms govern your access to and use of the App. By installing or using the App you agree to these terms.
Last updated2026-03-18
1. Parties and Agreement
These Terms of Service ("Terms") form a binding agreement between UPCODE SRL ("we", "us", "our"), a company incorporated in Romania, and the Merchant ("you") who installs or uses the App via the Shopify App Store. If you are accepting these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.
Use of the App is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
2. Service Description
The App allows you to embed an AI-powered chat widget on your Shopify storefront. The widget enables your customers ("End Users") to:
  • Ask questions about your store, products, and policies (AI-powered responses).
  • Check order status and track shipments (using their order number and phone for identity verification).
  • Submit and check the status of return requests.
  • Optionally leave their contact information (email and/or phone number) when the AI cannot fully resolve their query, so you can follow up with them directly.
The App includes an admin dashboard where you can configure the widget, view conversation history, manage contact leads, and manage your subscription and credits.
3. Account and Eligibility
  • You must have an active Shopify store to use the App.
  • You must be at least 18 years old and have the legal authority to enter into this agreement.
  • You are responsible for maintaining the security of your Shopify account and any access credentials.
  • You are responsible for all activity that occurs under your account.
4. Pricing and Billing
The App is currently provided free of charge. No subscription fee or payment is required to install or use the App.
  • Future pricing: We may introduce paid features, usage-based billing, or subscription plans in the future. Any such change will be communicated with at least 30 days' notice before taking effect, and continued use after the effective date will constitute acceptance.
  • Data on uninstall: If you uninstall the App, all associated data is permanently and irrecoverably deleted. See our Data Deletion Policy for details.
5. Contact Capture Feature — Merchant Obligations
The App includes a "contact capture" feature whereby End Users may voluntarily submit their email address and/or phone number through the chat widget when the AI cannot fully resolve their query. This feature is designed to help you follow up with customers who need further assistance.
By enabling or using this feature, you agree to the following obligations:
  • Disclosure: You must inform your End Users in your own privacy policy and any applicable storefront notice that their contact information may be collected through the chat widget and that you may contact them to follow up on their query.
  • Permitted use only: You may only use contact information collected through this feature to follow up on the specific unresolved support query that prompted the submission. You may not use this data for unsolicited marketing, bulk communications, or any purpose beyond the follow-up for which it was provided, unless you have obtained separate, compliant consent from the End User.
  • Data protection compliance: You are the Data Controller for End User contact data collected through this feature. You are solely responsible for ensuring your use of this data complies with all applicable data protection laws, including GDPR, CCPA, and any other laws applicable to your jurisdiction and those of your customers.
  • Deletion requests: If an End User requests deletion of their submitted contact information, you must notify us at support@upcode.cc and we will delete the relevant record. Alternatively, End Users may contact us directly.
  • Retention limits: Contact leads are automatically deleted after 2 days, together with the associated chat session. If you need to retain a lead's contact information beyond that window, you are responsible for saving it externally before it expires, in compliance with applicable law.
6. AI Limitations and Disclaimer
Chat responses are generated by artificial intelligence (OpenAI GPT models) and may contain errors, inaccuracies, or outdated information.
  • You are responsible for configuring the bot accurately, including product information, FAQs, and system instructions.
  • You are responsible for monitoring AI responses and ensuring they are appropriate for your customers.
  • We do not guarantee that the AI will correctly answer all questions or that it will never produce harmful, offensive, or incorrect content.
  • The App includes built-in instructions to keep responses on-topic and to suggest human contact when it cannot answer. These are not infallible.
  • You must not configure the App in a way that causes it to make false claims, guarantee prices or availability, or make legally binding representations to customers on your behalf.
7. Acceptable Use
You may not use the App to:
  • Violate any applicable law or regulation.
  • Collect or process data in a manner that violates privacy laws or the rights of individuals.
  • Deceive, defraud, or mislead your customers.
  • Attempt to reverse-engineer, scrape, or extract data from our infrastructure beyond what is provided through the App's normal operation.
  • Circumvent any access controls, rate limits, or security mechanisms.
  • Use the App in connection with any business or content that is unlawful, harmful, or violates Shopify's Acceptable Use Policy.
We reserve the right to suspend or terminate your access immediately if we reasonably determine that you are in violation of this section or any other provision of these Terms.
8. Data Ownership and License
  • Your data: You retain ownership of your store data, product information, and conversation history. We do not claim any rights to your data beyond what is necessary to provide the service.
  • License to us: You grant us a limited, non-exclusive license to process your data solely to provide, operate, and improve the App. We do not use your data for advertising, model training, or any purpose beyond service delivery.
  • Our technology: We retain all rights to the App, its software, underlying AI integrations, and associated technology. Nothing in these Terms transfers any intellectual property rights in the App to you.
  • Feedback: If you provide suggestions or feedback about the App, we may use it to improve the service without compensation or attribution to you.
9. Availability and Service Changes
  • We strive for high availability but do not guarantee that the App will be uninterrupted or error-free.
  • We may perform scheduled or emergency maintenance that temporarily affects availability. Where practicable, we will provide advance notice.
  • We reserve the right to modify or discontinue features of the App with reasonable notice. Material reductions in service will be communicated at least 30 days in advance.
  • We are not liable for interruptions caused by third-party services (including Shopify, OpenAI, or infrastructure providers).
10. Disclaimer of Warranties and Limitation of Liability
Disclaimer: The App is provided "as is" and "as available" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of liability: To the maximum extent permitted by applicable law, UPCODE SRL shall not be liable for:
  • Indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, revenue, data, goodwill, or business opportunities.
  • Damages resulting from AI-generated chat responses, including incorrect product information, pricing, or policy statements.
  • Damages resulting from your failure to comply with data protection obligations relating to End User contact data.
  • Any amount exceeding the total fees paid by you to us in the three months preceding the event giving rise to the claim.
Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the minimum extent permitted by law.
11. Indemnification
You agree to indemnify and hold harmless UPCODE SRL and its officers, directors, employees, and agents from any claim, loss, damage, liability, or expense (including reasonable legal fees) arising from:
  • Your use of the App in violation of these Terms.
  • Your failure to comply with data protection laws in relation to End User data, including contact lead data.
  • Any claim by an End User arising from your use of or failure to properly disclose the contact capture feature.
  • Content or configuration you provide to the App that causes harm to End Users or third parties.
12. Termination
  • By you: You may terminate your use of the App at any time by uninstalling it from your Shopify store.
  • By us: We may suspend or terminate your access immediately for material breach of these Terms, non-payment, or if we are required to do so by law or Shopify's requirements.
  • Effect of termination: Upon termination, your right to use the App ceases immediately. Data deletion follows the schedule described in our Privacy Policy.
13. Governing Law and Disputes
These Terms are governed by the laws of Romania, without regard to conflict of law principles. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved after 30 days, disputes shall be subject to the exclusive jurisdiction of the competent courts of Romania, except where mandatory consumer protection laws in your jurisdiction provide otherwise.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via the App or email at least 14 days before taking effect. Continued use of the App after the effective date constitutes acceptance of the updated Terms.
15. Contact
  • Company: UPCODE SRL
  • Country: Romania
  • Email: support@upcode.cc