Terms of Service

By installing the Qosmic app, creating an account, or using any part of the Services, you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

If you do not agree, do not install Qosmic, and uninstall it if it is already on your store.

Qosmic audits a Shopify storefront, identifies opportunities to improve conversion, average order value and retention, and — where you allow it — makes changes to the store to act on them. Much of that work is performed by automated systems and AI models rather than by a person.

This is the most important section of this agreement. Installing Qosmic grants it write access to your Shopify store. On your instruction, Qosmic can create, modify, publish and delete:

• Theme files and templates, including the live published theme, its sections, snippets and settings.
• Products and variants — titles, descriptions, media, options, prices, and publication to sales channels.
• Discounts — creating, changing and removing discount codes and automatic discounts.
• Inventory quantities across your locations.
• Online Store pages and uploaded files.
• Web pixels and the app proxy on your storefront.

You are the merchant of record and the decision-maker. Qosmic acts on your store at your direction and on your behalf. You are responsible for reviewing what it proposes before you accept it, and for every commercial and legal consequence of the changes you accept — including pricing, discounting, stock levels, product claims, accessibility, tax, and consumer-law compliance in every market you sell into.

You may withdraw this authorisation at any time by uninstalling the app, which revokes its access token. Uninstalling does not reverse changes already made to your store.

• Keep your own backups. Shopify does not version your store in a way that makes every change reversible. Duplicate your theme before significant work and keep your own record of prices and inventory. Qosmic is not a backup service and does not warrant that any change can be undone.
• Review before you accept. Automated and AI-generated recommendations can be wrong, out of date, or wrong for your business. Treat every proposal as a draft requiring your judgement.
• Test before you publish where a change matters, and check the result on your live store afterwards.
• Keep your credentials secure and control who on your team can approve changes. You are responsible for everything done through your account.
• Meet your own legal obligations to your customers — privacy notices, cookie and tracking consent, accessibility, advertising and pricing rules, and product safety.
• Comply with Shopify’s terms. Your relationship with Shopify is separate from this one and we are not a party to it.

Your storefront is a place of business and may be subject to accessibility law, including the Americans with Disabilities Act, the Web Content Accessibility Guidelines where they are applied as a standard, and equivalents outside the United States.

Accessibility compliance is yours, not ours. Qosmic does not audit your store for accessibility, does not certify it as accessible, and does not warrant that anything it generates, recommends or publishes — theme code, layout, colour, contrast, imagery, alt text, forms or interactive components — conforms to any accessibility standard or law.

Changes made through Qosmic may affect the accessibility of your store. You are responsible for reviewing them against whatever accessibility obligations apply to you, before and after they go live. If you are subject to an accessibility requirement, you should have your storefront evaluated by someone qualified to do it.

Accessibility claims brought against you by a shopper, an advocacy organisation or a regulator are covered by the indemnity below.

Parts of Qosmic use large language models. Their output is probabilistic. It can be inaccurate, incomplete, or confidently wrong, and it can produce text or code that does not suit your store or resembles content produced for someone else.

We do not warrant that AI-generated recommendations, copy, code or analysis are accurate, original, non-infringing, or fit for any purpose. You are responsible for reviewing AI-assisted output before it goes live and for everything published on your store as a result.

Qosmic does not guarantee any commercial outcome. Nothing in the product, on our website, in a case study, in a benchmark, in an audit, or in any conversation with us is a promise, projection or warranty of increased revenue, conversion rate, average order value, traffic, ranking, margin or profit.

Figures we publish describe results observed on other stores under conditions that will not match yours. Ecommerce performance depends on your products, pricing, market, seasonality, advertising and many factors outside our control or knowledge. Results may be worse after a change than before it.

Qosmic is in beta and is currently provided free of charge. Beta and free features are provided as is, may be incomplete or unstable, may change or be withdrawn without notice, and carry no service level commitment of any kind. We may modify, suspend or discontinue any part of the Services at any time.

If we introduce charges we will tell you before they apply to your account, and you may stop using the Services instead. Where payments are taken they are processed by our payment processor under their terms; we do not store your card details. Fees are non-refundable except where the law requires otherwise.

You will not, and will not permit anyone else to:

• use the Services unlawfully, or for a store selling unlawful goods;
• infringe anyone’s intellectual property, privacy or other rights;
• publish content that is deceptive, defamatory or misleading, including pricing or availability you do not intend to honour;
• probe, scrape, reverse engineer, or attempt to circumvent any limit or security control;
• resell, sublicense or provide the Services to a third party as a service;
• use the Services to build a competing product, or to train a machine-learning model;
• upload malware, or interfere with the operation of the Services for anyone else.

You represent and warrant that:

• you have the authority to grant Qosmic access to the store you connect, and to accept these terms on behalf of its owner;
• your store, products, pricing and content comply with the law everywhere you sell;
• you have provided your customers with whatever notices and consents the law requires for the data collected through your store;
• you are not on a restricted-party list and are not located in an embargoed jurisdiction.

If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation to you. We would rather have your feedback than have you withhold it out of concern about ownership.

Qosmic, its software, models, prompts, interfaces and documentation remain ours. You keep ownership of your store, your content and your data. You grant us the limited licence needed to operate the Services for you — to read your store, generate recommendations, and make the changes you approve.

We may use aggregated, de-identified information that does not identify you, your store or your customers to improve the Services and to publish benchmarks.

We treat your non-public store data as confidential and will not disclose it except as described in our Privacy Policy, or where we are legally compelled to.

The Services depend on Shopify and on other services, including AI model providers and hosting infrastructure. We do not control them. Their availability, changes to their APIs, their pricing and their terms are outside our control, and we are not liable for their acts, omissions, outages, data handling or changes, or for other apps installed on your store or how they interact with ours.

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranty of any kind, express, implied or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure or error-free; that defects will be corrected; that they will be compatible with your theme, your apps or your customisations; that any output, recommendation, measurement or test result will be accurate or reliable; or that use of the Services will comply with any law applicable to your business.

No advice or information, whether oral or written, obtained from us creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, neither Project Peach Inc. nor its officers, directors, employees, contractors, agents or suppliers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any of the following, however caused, under any theory of liability, and whether or not we were advised such damages were possible:

• lost revenue, lost sales, lost profits, lost margin or lost business opportunity;
• business interruption, store downtime, or a storefront rendered unavailable, broken, slow or degraded;
• loss, corruption or deletion of data, themes, code, product records, pricing, inventory records, media or content;
• pricing, discounting or inventory errors, including underselling, overselling, mispriced orders and orders you must honour or cancel;
• claims brought against you by shoppers, competitors, advocacy organisations, regulators or any other third party — including accessibility, consumer-protection, advertising, pricing and privacy claims;
• fines, penalties or assessments imposed on you;
• loss of search ranking, reputation or goodwill;
• the cost of remediation, substitute services, professional advice or legal defence;
• any other loss of any kind, whether or not of a type listed above.

Our total aggregate liability for all claims arising out of or relating to the Services or these terms will not exceed the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or US $50.

The Services are currently provided to you free of charge. You acknowledge that this allocation of risk reflects that, that the price of the Services would be materially different without these limits, and that you have chosen to use the Services on this basis.

These limits are an essential basis of the bargain between us — the Services are offered on these terms and would not be offered without them — and they apply even if a limited remedy fails of its essential purpose. They do not exclude liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limits, so parts of this section may not apply to you.

You will defend, indemnify and hold harmless Project Peach Inc. and its officers, directors, employees, contractors and agents from any claim, demand, action, loss, liability, judgment, settlement, fine or expense — including reasonable legal fees — arising out of or relating to:

• your store, your products, your pricing, your inventory and your content;
• changes you accepted, instructed or published through the Services, and their consequences;
• any accessibility claim concerning your storefront, including under the Americans with Disabilities Act or any equivalent law or standard;
• any consumer-protection, advertising, pricing, tax or product claim concerning your store;
• your handling of your customers’ personal data, including any failure to obtain the consent your jurisdiction requires;
• your breach of these terms, of Shopify’s terms, or of any law applying to your business;
• your infringement of a third party’s rights.

We will notify you of any claim we seek indemnity for, and you may control the defence with counsel reasonably acceptable to us — except that you may not settle in a way that admits our liability or imposes an obligation on us without our written consent. We may participate with our own counsel at our expense.

Any claim arising out of or relating to the Services or these terms must be brought within one year after it arises, or it is permanently barred — except where the law where you live does not allow that limit.

You may stop using Qosmic at any time by uninstalling the app. We may suspend or terminate your access immediately if you breach these terms, if we reasonably believe your use creates risk or legal exposure for us or another merchant, if Shopify or the law requires it, or if we discontinue the Services.

On termination your licence ends and your access token is revoked. Changes already made to your store remain. The sections on accessibility, disclaimers, limitation of liability, indemnity, time limit on claims, intellectual property, confidentiality and governing law survive.

Neither party is liable for a failure or delay caused by something beyond its reasonable control — including outages at Shopify, an AI provider or a hosting provider, network failures, cyber-attacks, acts of government, or natural events. This does not excuse payment obligations.

We may update these terms. When we do we will change the date at the top of this page, and for material changes we will give notice in the app or by email before they take effect. Continuing to use the Services after that means you accept the updated terms.

We may also change, add to or remove features at any time. We will give notice of material reductions where we reasonably can.

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules.

You and Project Peach Inc. agree to resolve any dispute through binding individual arbitration, on an individual basis. Neither of us may bring a claim as a plaintiff or class member in a class, consolidated or representative action, and both of us waive any right to a jury trial.

Either of us may still bring an individual claim in small-claims court, and either of us may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

• Entire agreement. These terms and the Privacy Policy are the whole agreement between us about the Services and replace anything said before.
• Severability. If a provision is unenforceable it is limited or removed to the minimum extent necessary and the rest stays in force.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• No third-party beneficiaries. These terms create no rights for anyone who is not a party to them.
• Independent parties. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Export and sanctions. You will comply with export control and sanctions laws, and you confirm you are not a restricted party.
• Notices. We may give notice by email to your account address or in the app. Notices to us go to the address below.

Questions about these terms: hello@qosmic.ai.