Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the website shopiscale.co and the services we provide to Shopify retailers (the “Services”). By using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

In these Terms, “Shopiscale”, “we”, “us” and “our” refer to Abelson Ventures Limited. “You” and “your” refer to the person or entity using the Services.

1. Who we are

The Services are provided by:

Abelson Ventures Limited
Trading as Shopiscale.co
Killiney, Co. Dublin, Ireland, A96 EH4N
hello@shopiscale.co

2. Eligibility and accounts

• You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organisation.
• You are responsible for ensuring the information you provide to us is accurate and kept up to date.
• You are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account.

3. Our Services

Shopiscale helps Shopify retailers use their existing Shopify data to run a “revenue engine” which can include:

• Review request flows triggered after purchases.
• Promotional calendars and campaigns based on customer behaviour.
• Retention campaigns such as win-backs, birthday flows and VIP nurture sequences.

We may provide these Services using our own systems and various third-party platforms such as email providers, WhatsApp or similar messaging tools, and analytics services.

We may update or modify the Services from time to time, for example to improve performance or add new features. If a change is material, we will aim to give you reasonable notice.

4. Connecting your Shopify store and other tools

To use the Services effectively, you may connect your Shopify store and other integrations (for example communication or analytics tools) to Shopiscale. By doing so, you authorise us to access and process the data that those tools provide to us for the purposes of delivering the Services.

You remain responsible for:

• Complying with Shopify’s terms and any other platform terms that apply to your use of those tools.
• Ensuring your customers have been properly informed and, where required, have consented to receiving communications from you.
• Ensuring that your use of the Services complies with all applicable laws, including data protection, privacy and marketing rules (for example GDPR and e-privacy rules in the EU/UK).

5. Use of AI and automation

We may use AI and machine learning to help design, optimise or analyse campaigns and flows, and to suggest content or timing for messages. These tools are intended to support you, not to replace your judgment.

You are responsible for:

• Reviewing and approving content and campaigns before they are sent to your customers.
• Checking that any AI-generated or suggested content is accurate, appropriate for your brand and compliant with applicable law.

6. Fees, billing and Stripe

Our current pricing is shown on the Shopiscale website or in a separate order form agreed with you. Unless expressly stated otherwise, all fees are exclusive of taxes, which may be added as required by law.

6.1 Subscription and automatic renewal

• By subscribing, you agree to pay the applicable subscription fees for the plan you select (for example the “Core” or “Multi-location / Advanced” plan).
• Subscriptions are typically billed monthly in advance and renew automatically at the end of each billing period unless cancelled in accordance with these Terms.

6.2 Payments via Stripe

We use Stripe to process subscription payments. When you submit your payment details, you authorise us and Stripe to process your payment in accordance with:

• These Terms; and
• Stripe’s own terms and privacy policy available on stripe.com.

We do not store your full payment card details on our servers. Stripe may store your payment details and use them for recurring billing as permitted by its terms.

6.3 Late payments

If a payment cannot be collected (for example due to expiry or failure of your payment method), we may:

• Ask you to update your payment details; and/or
• Temporarily suspend or limit your access to the Services until payment is received.

7. Term, cancellation and suspension

7.1 Your right to cancel

You may cancel your subscription at any time, either via the Stripe checkout portal or by contacting us at hello@shopiscale.co. If you cancel, your subscription will continue until the end of your current billing period, and you will not be charged for subsequent periods.

7.2 Our right to suspend or terminate

We may suspend or terminate your access to the Services (in whole or in part) if:

• You breach these Terms or any applicable law.
• Your subscription fees are overdue and you do not remedy this within a reasonable time after being notified.
• We reasonably believe your use of the Services risks harm to us, the Services or others.

Where reasonable, we will give you notice before any suspension or termination.

8. Your responsibilities and acceptable use

You agree that you will not:

• Use the Services for any unlawful, misleading or harmful purpose.
• Use the Services to send spam or unsolicited communications in breach of marketing or e-privacy laws.
• Attempt to gain unauthorised access to the Services or interfere with their operation.
• Reverse engineer, decompile or otherwise attempt to derive source code from the Services, except where permitted by law.

You are solely responsible for your relationship with your customers and for any content, offers or promotions you send to them using the Services.

9. Data protection and privacy

Our Privacy Policy explains how we collect and use personal data in connection with the Services. It also describes the roles and responsibilities of Shopiscale and your business under applicable data protection laws.

In general:

• You act as the “controller” of your customers’ personal data.
• We act as your “processor” when we handle that data to provide the Services.

Additional data protection terms may apply in our agreement with you.

10. Intellectual property

All intellectual property rights in the Services, including the Shopiscale website, branding, software, processes and documentation, belong to us or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Services for your internal business purposes during your subscription.

You retain all rights in your own content, data, trademarks and branding. By using the Services, you grant us a limited licence to use that content and data only as necessary to deliver the Services to you and to improve them.

11. Confidentiality

We both agree to keep each other’s non-public information confidential and to use it only for the purposes of providing or receiving the Services, except where disclosure is required by law or has been clearly authorised in writing.

12. Disclaimers

We aim to provide reliable and effective Services, but we cannot promise that:

• The Services will be error-free or uninterrupted at all times; or
• Any particular level of revenue, reviews, repeat visits or other outcomes will be achieved.

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

13. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law (for example for fraud or for death or personal injury caused by negligence).

Subject to the above, to the maximum extent permitted by law:

• We will not be liable for any indirect, consequential or special loss, or for loss of profits, revenue, goodwill or data.
• Our total aggregate liability arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence) or otherwise, will be limited to the total fees you paid to us for the Services during the 12 months immediately preceding the event giving rise to the claim.

14. Indemnity

You agree to indemnify and hold us harmless from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or applicable law; or
• Your use of the Services with your customers (including your content, offers and campaigns).

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will aim to notify you in advance (for example via email or in the Service). The updated Terms will apply from the date stated at the top of the document.

If you continue to use the Services after the updated Terms take effect, you will be deemed to have accepted them. If you do not agree, you should stop using the Services and cancel your subscription.

16. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of Ireland.

The courts of Ireland will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.

17. General

• If any part of these Terms is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.
• You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to another entity in connection with a merger, acquisition or similar event.
• These Terms, together with any order forms or separate written agreements between us, constitute the entire agreement between you and us regarding the Services.

18. Contact

If you have any questions about these Terms, please contact us at hello@shopiscale.co.