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Terms of Service

Effective Date: October 25, 2025
Last Updated: October 21, 2025

1. Acceptance of Terms

Welcome to Ottomate! These Terms of Service ("Terms") govern your use of the Ottomate Shopify application (the "App"), provided by Ottomate ("we," "us," or "our").

By installing, accessing, or using the App, you ("you," "your," or "Merchant") agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the App.

Contact Information:

Email: logan@ottomate.co
Website: https://ottomate.co

2. Description of Service

Ottomate is an AI-powered email marketing automation tool that:

Analyzes your Shopify store's brand voice, products, and content
Generates personalized email marketing templates
Recommends email flows based on your business model
Integrates with third-party email platforms (Klaviyo, OmniSend, ActiveCampaign, GetResponse, Customer.io, Shopify Email)

The App is provided on a subscription basis with multiple pricing tiers, as described on our website and in the Shopify App Store listing.

3. Account and Eligibility

3.1 Shopify Account Required

You must have an active Shopify store account in good standing to use the App.

3.2 Age Requirement

You must be at least 18 years old and have the legal capacity to enter into contracts to use the App.

3.3 Accurate Information

You agree to provide accurate, current, and complete information when configuring the App, including valid API keys for third-party email platforms.

3.4 Account Security

You are responsible for maintaining the security of your Shopify account and any third-party platform credentials you provide to the App. You agree to notify us immediately of any unauthorized access.

4. Subscription Plans and Billing

4.1 Available Plans

The App offers multiple subscription tiers:

Free Tier: Limited features for trial and evaluation purposes
Paid Tiers: Various paid subscription plans with expanded features

Specific pricing and features for each tier are displayed in the App and on our website.

4.2 Billing Through Shopify

All subscription fees are processed through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge the applicable subscription fee to your Shopify account.

4.3 Subscription Terms

Billing Cycle: Subscriptions are billed monthly in advance
Auto-Renewal: Subscriptions automatically renew each month unless cancelled
Price Changes: We may change subscription prices with 30 days' advance notice
Taxes: Subscription fees do not include applicable sales tax, VAT, or other taxes, which will be added to your bill as required by law

4.4 Free Trial (If Applicable)

Some subscription plans may offer a free trial period. If you do not cancel before the trial ends, you will be automatically charged for the paid subscription.

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time by:

Uninstalling the App from your Shopify admin
Downgrading to the Free tier within the App settings
Contacting our support team at logan@ottomate.co

5.2 Effect of Cancellation

Cancellation takes effect at the end of the current billing cycle
You will retain access to paid features until the end of the billing period
No further charges will be made after cancellation

5.3 Refund Policy

No Refunds: We do not offer refunds for partial months of service. If you cancel mid-billing cycle, you will retain access for the remainder of that cycle, but no prorated refund will be issued.

Exception: If you experience a technical issue that prevents you from using the App for an extended period (7+ consecutive days) and we are unable to resolve it, you may request a prorated refund for the affected period.

5.4 Chargebacks

Initiating a chargeback without first contacting us to resolve the issue may result in immediate suspension of your account and forfeiture of all generated templates and data.

6. Acceptable Use

6.1 Permitted Use

You may use the App only for lawful purposes and in accordance with these Terms. You agree to use the App solely for generating email marketing content for your own Shopify store.

6.2 Prohibited Activities

You agree not to:

Use the App to generate spam, phishing emails, or deceptive content
Attempt to reverse engineer, decompile, or extract the source code of the App
Use the App to violate any applicable laws or regulations (including CAN-SPAM, GDPR, or CCPA)
Share your account access with third parties without authorization
Use the App to generate content that infringes on third-party intellectual property rights
Attempt to circumvent usage limits or access paid features without a valid subscription
Use the App to generate harmful, fraudulent, or misleading content
Interfere with or disrupt the App's functionality or servers

6.3 Content Responsibility

You are solely responsible for the content of the email templates you generate and send using the App. We do not review, approve, or endorse the content you create. You must ensure all emails comply with:

CAN-SPAM Act (US)
GDPR (EU)
CASL (Canada)
Other applicable email marketing laws

6.4 Third-Party Platform Compliance

If you integrate the App with third-party email platforms, you must comply with those platforms' terms of service and acceptable use policies.

7. Intellectual Property

7.1 Our Intellectual Property

The App, including its software, algorithms, design, and documentation, is owned by Ottomate and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights to the App.

7.2 Your Content

You retain all ownership rights to your store data (products, blog posts, brand assets) and the email templates generated by the App.

7.3 License to Use Generated Content

We grant you a non-exclusive, worldwide, royalty-free license to use, modify, and distribute email templates generated by the App for your own email marketing purposes.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without compensation.

8. Limitation of Liability

8.1 Service "As Is"

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee that the App will:

Generate email templates that achieve specific marketing results
Be uninterrupted, error-free, or secure
Meet your specific business requirements
Be compatible with all third-party email platforms at all times

8.3 Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTTOMATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO:

Lost profits or revenue
Data loss or corruption
Business interruption
Damage to reputation
Third-party claims

8.4 Maximum Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN SUBSCRIPTION FEES IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

8.5 Limitations Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ottomate, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of the App
Your violation of these Terms
Your violation of applicable laws or third-party rights
Email content you generate and distribute using the App
Your breach of third-party email platform terms of service

10. Service Availability and Changes

10.1 Maintenance and Downtime

We may temporarily suspend the App for maintenance, updates, or emergency repairs. We will provide advance notice when possible, but reserve the right to perform emergency maintenance without notice.

10.2 Feature Changes

We may add, modify, or remove features of the App at any time. We will provide reasonable notice of material changes that negatively affect functionality.

10.3 Service Termination

We reserve the right to discontinue the App entirely with 90 days' advance notice. In such case, you will receive a prorated refund for any unused portion of your subscription.

11. Data and Privacy

11.1 Privacy Policy

Our collection and use of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our Privacy Policy.

11.2 Data Deletion on Uninstall

When you uninstall the App, all your data (brand analysis, generated templates, settings) will be permanently deleted within 48 hours in compliance with GDPR requirements. This deletion is irreversible.

11.3 Data Security

While we implement industry-standard security measures (including AES-256-GCM encryption for API keys), we cannot guarantee absolute security. You acknowledge that data transmission over the internet carries inherent risks.

12. Third-Party Services

12.1 Integration with Email Platforms

The App integrates with third-party email platforms (Klaviyo, OmniSend, etc.). Your use of these platforms is governed by their respective terms of service, and we are not responsible for their actions, changes to their APIs, or service availability.

12.2 AI Generation Service

The App uses Anthropic's Claude AI service to generate email content. While we strive for accuracy, AI-generated content may occasionally contain errors, inaccuracies, or inappropriate suggestions. You are responsible for reviewing and editing all generated content before use.

12.3 No Liability for Third Parties

We are not liable for any issues arising from third-party services, including:

Changes to third-party platform APIs
Service outages or downtime
Data breaches at third-party providers
Changes to third-party pricing or policies

13. Termination

13.1 Termination by You

You may terminate your use of the App at any time by uninstalling it from your Shopify admin.

13.2 Termination by Us

We may suspend or terminate your access to the App immediately and without notice if you:

Violate these Terms or our Privacy Policy
Engage in fraudulent or illegal activity
Fail to pay subscription fees
Abuse or misuse the App in a way that harms us or other users

13.3 Effect of Termination

Upon termination:

Your right to use the App immediately ceases
Your data will be permanently deleted within 48 hours (per GDPR requirements)
You remain liable for any outstanding subscription fees
Sections of these Terms that by their nature should survive (limitations of liability, indemnification, governing law) will continue to apply

14. Modifications to Terms

14.1 Right to Modify

We may modify these Terms at any time to reflect changes in our services, legal requirements, or business practices.

14.2 Notice of Changes

We will notify you of material changes by:

Updating the "Last Updated" date at the top of these Terms
Sending an in-app notification or email
Posting a notice on our website

14.3 Acceptance of Changes

Your continued use of the App after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and uninstall it.

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, please contact us at logan@ottomate.co first. We'll work in good faith to resolve the issue informally within 30 days.

15.2 Binding Arbitration (US Users)

If informal resolution fails, any dispute arising out of or related to these Terms or the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Details:

Location: Arbitration will be conducted remotely via video conference
Costs: Each party will bear its own costs, with arbitrator fees split equally
Individual Basis Only: You agree to arbitrate disputes on an individual basis only, not as part of a class action or representative proceeding
Exceptions: Either party may seek injunctive relief in court for intellectual property violations or breach of confidentiality

15.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.4 Jurisdiction (Non-US Users)

If you are located outside the United States, disputes will be resolved in the courts of San Francisco, California, USA, and you consent to the exclusive jurisdiction of those courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ottomate regarding the App and supersede all prior agreements or understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

16.3 Waiver

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

16.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to any party without restriction.

16.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, or government actions.

16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Ottomate.

16.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use the App in any country subject to US export restrictions or sanctions.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: logan@ottomate.co
Website: https://ottomate.co
Response Time: We aim to respond to all inquiries within 2-3 business days

For legal notices or formal dispute communications, please use:
Subject Line: "Legal Notice - Terms of Service"

Ottomate Terms of Service
Last Updated: October 21, 2025
Version: 1.0

By installing and using the Ottomate app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Terms of services