Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Shop Insight ("Service"), operated by Keypoint Technologies ("Company", "we", "us", "our").

By accessing or using Shop Insight, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Shop Insight is a behavioral analytics platform that:

• Tracks customer reading behavior on your Shopify store (highlights, hovers, clicks, scroll depth)
• Provides behavioral analytics dashboard with pattern-based observations
• Provides session analytics and behavioral pattern analysis
• Helps identify missing content and optimization opportunities

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts and Registration

To use Shop Insight, you must:

• Have a Shopify store with administrative access
• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account

You are responsible for all activities that occur under your account. We reserve the right to refuse service or terminate accounts that violate these Terms.

4. Merchant Responsibilities

As a merchant using Shop Insight, you must:

Privacy Compliance

• Disclose behavioral tracking to your customers in your privacy policy
• Obtain necessary consents under applicable privacy laws (GDPR, CCPA, etc.)
• Configure PII filtering appropriately for your store
• Comply with all data protection regulations in your jurisdiction

Lawful Use

• Use the Service only for lawful purposes
• Not track users who have opted out of analytics
• Not collect or process data from children under 13 (or applicable age in your jurisdiction)
• Not use the Service to violate any person's privacy or other rights

5. Data Ownership and Rights

Your Data

• You retain all ownership rights to data collected from your store
• You can export your data at any time from the dashboard
• You can request data deletion upon account termination
• We will not sell or share your data with third parties for marketing

Our Rights

• We may use aggregated, anonymized data to improve the Service
• We may use anonymized data for industry benchmarks and research
• We retain all intellectual property rights to the Shop Insight platform

License Grant

You grant us a limited license to process your data solely to provide the Service, including using OpenAI's API to generate insights from aggregated pattern data.

6. Payment Terms

Subscription Plans

• Free Plan: No charge, limited features
• Premium Plan: $29/month, billed monthly or annually
• AI Pro Plan: $99/month (launching Q2 2025)

Billing

• Subscription fees are charged in advance on a recurring basis
• Payment is processed through Shopify's Billing API (secure, PCI DSS Level 1 certified)
• You authorize Shopify to charge your Shopify account for all fees
• All fees are in USD unless otherwise stated
• Taxes may apply based on your location

Plan Changes

• You can upgrade or downgrade your plan at any time
• Upgrades are prorated and applied immediately
• Downgrades take effect at the end of your current billing period
• No refunds for partial months when downgrading

Price Changes

We may change our pricing with 30 days' notice. Price changes will not affect your current billing period. Continued use after price changes constitutes acceptance of the new pricing.

7. Refund Policy

• Free Tier: Start with our free plan to test Shop Insight with no credit card required
• 30-Day Money-Back Guarantee: If you're not satisfied with Premium within 30 days of first payment, contact us for a full refund
• No Refunds: After 30 days, subscription fees are non-refundable
• Cancellation: You can cancel anytime; service continues until end of billing period

8. Intellectual Property

The Shop Insight platform, including all software, designs, text, graphics, logos, and trademarks, is owned by Keypoint Technologies and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or reverse engineer any part of the Service
• Remove or modify any copyright or trademark notices
• Use our trademarks without written permission
• Create derivative works based on the Service
• Access the Service to build a competitive product

9. Prohibited Uses

You may not use Shop Insight to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Track users without proper consent or disclosure
• Collect personally identifiable information (PII) without authorization
• Transmit viruses, malware, or harmful code
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems
• Use the Service for fraudulent or deceptive purposes
• Resell or redistribute the Service without permission
• Use the Service to compete with Shop Insight

10. Service Availability and Support

Uptime and Maintenance

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Planned maintenance will be scheduled during off-peak hours when possible
• We will notify you of scheduled maintenance via email or dashboard
• Emergency maintenance may occur without advance notice

Support

• Free Plan: Email support (48-hour response time)
• Premium Plan: Priority email support (4-hour response time during business hours)
• AI Pro Plan: Priority email support (1-hour response time)

11. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "as is" without warranties of any kind
• We do not warrant that the Service will be error-free or uninterrupted
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months prior to the claim
• We are not responsible for data loss; you should maintain backups
• We are not liable for third-party services (Shopify, OpenAI, payment processors)

12. Indemnification

You agree to indemnify, defend, and hold harmless Keypoint Technologies, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of privacy laws or regulations
• Your failure to obtain proper consents from your customers

13. Termination

Termination by You

• You may cancel your subscription at any time from your dashboard
• Cancellation takes effect at the end of your current billing period
• You will retain access to paid features until the end of the billing period
• Upon cancellation, your account will revert to the Free plan

Termination by Us

• We may suspend or terminate your account for violation of these Terms
• We may terminate the Service with 30 days' notice
• Upon termination, your right to use the Service immediately ceases
• We will provide a prorated refund if we terminate your account without cause

Effect of Termination

• You can request data export within 30 days of termination
• After 30 days, we may delete your data per our retention policy
• Provisions that should survive termination will remain in effect

14. Changes to Terms

We may update these Terms from time to time. How we handle changes depends on the type:

Material Changes (30 Days Advance Notice)

For significant changes affecting your rights, we will notify you via email at least 30 days in advance. Material changes include:

• Pricing or payment terms
• Features or service availability
• Data usage or privacy practices
• Limitations of liability
• Dispute resolution procedures

Minor Changes (Immediate Effect)

We may make minor changes immediately with notice posted on our website, including:

• Clarifications or corrections to existing terms
• Contact information updates
• Formatting or organizational improvements

Legal/Security Changes (Immediate Effect)

We may update Terms immediately without advance notice to comply with legal requirements or address security concerns.

15. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Dispute Resolution

• Any disputes should first be resolved through good-faith negotiation
• If negotiation fails, disputes will be resolved through binding arbitration
• Arbitration will be conducted in Vancouver, British Columbia under the ADR Institute of Canada Arbitration Rules
• Class action lawsuits and class arbitrations are not permitted

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Keypoint Technologies regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

17. Contact Us