Arbyn [Terms of Service](/terms)

Here is the plain summary so you know what you are agreeing to before you read the full detail below. This box is a convenience summary only. It is not the contract, it does not replace the numbered sections that follow, and if anything here seems to conflict with a later section, the later section controls.

Arbyn is an AI customer support and sales agent that you install on your Shopify store from the Shopify App Store. When you install it, you enter a binding contract with ONDUTYOPS LLC, a Delaware limited liability company that operates Arbyn at arbyn.app. Arbyn reads messages from your connected support channels, drafts and sends replies in your store's voice, and carries out the Shopify actions you have authorized, such as refunds, cancellations, address changes, and returns. You stay in control the whole time through the settings, ceilings, and toggles in your dashboard.

There are two plans, both billed inside your Shopify admin through Shopify Billing. Arbyn Starter is free at $0 per month and includes 150 AI conversations per calendar month, resetting on the 1st of each month at 00:00 UTC. Arbyn Agent is $99 per month for unlimited AI conversations across all connected channels. There is no trial period. The Agent plan is a recurring monthly subscription that renews automatically until you cancel, and you cancel by downgrading or uninstalling in your Shopify admin. We never see or store your payment card details, because Shopify Billing handles all of that.

You own your data. Arbyn acts as a data processor for your shoppers' data and store data, meaning it processes that data only on your instructions, and it acts as a controller only for your own account and billing data. Arbyn does not sell your data and does not use your data, your shoppers' data, or your conversations to train foundation models. AI output is generated by probabilistic language models, so it can be wrong, and you are responsible for reviewing and controlling what Arbyn sends and does on your behalf. The service is provided as is, our liability is capped, most disputes go to individual arbitration in Delaware unless you opt out within 30 days, and either party can walk away at any time. The full terms are below.

This section explains how you accept these Terms and who is allowed to use Arbyn. Read it first, because everything else depends on it.

These Terms of Service (the "Terms") are a binding legal agreement between you and ONDUTYOPS LLC, a Delaware limited liability company ("Arbyn," "we," "us," or "our"), governing your access to and use of the Arbyn application, dashboard, chat widget, application programming interfaces, and related services (together, the "Service"). You accept these Terms and form a binding contract when you install Arbyn from the Shopify App Store, when you click "Install," "Accept," or a similar button, or when you access or use any part of the Service, whichever happens first. If you do not agree to these Terms, you must not install or use the Service.

If you accept these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case "you" and "your" refer to that entity. If you do not have that authority, or if the entity does not agree to these Terms, you must not install or use the Service on its behalf. You also represent that all registration and account information you provide, directly or through Shopify, is accurate and current, and that you will keep it accurate.

You must be at least 18 years old and able to form a legally binding contract under applicable law to use the Service. The Service is a business tool intended for use by Shopify store owners and their authorized personnel. It is not directed to consumers acting for personal, family, or household purposes, and it is not directed to children. You are solely responsible for your own end-shoppers and for your relationship with them, including any obligations you owe them under consumer-protection, marketing, and privacy laws.

Because Arbyn is installed from and operates within the Shopify platform, your use of the Service also involves Shopify as the underlying commerce platform, and your relationship with Shopify is governed by Shopify's own terms, not by these Terms. Nothing in these Terms modifies, replaces, or overrides your agreement with Shopify. Where a specific written agreement signed by an authorized representative of Arbyn exists between you and Arbyn and conflicts with these Terms, that signed agreement controls for the conflicting provision only, and these Terms govern everything else.

This section defines the capitalized words used throughout these Terms so that the rest of the document reads clearly. Plain descriptions come first, and the defined meaning is what applies in the numbered sections.

"Service" means the Arbyn application and all associated software, the dashboard, the chat widget, the APIs, the Documentation, and any updates, all as made available by Arbyn. "Store Owner," "you," and "your" mean the person or entity that installs and uses the Service on a Shopify store. "End-Shopper" means an individual who contacts, buys from, or otherwise interacts with your store through a channel that Arbyn is connected to, and whose messages or order context flow through the Service. The distinction matters because you, the Store Owner, are the controller of End-Shopper data, and Arbyn is a processor of it.

"Store Data" means the data Arbyn reads from or writes to your Shopify store under the scopes you grant, including orders, line items, fulfillment status, shipping details, customer records, product catalog, inventory, pricing, store policies, and Markets configuration. "Customer Data" means End-Shopper message content and the related technical metadata that flows through the Service, such as IP address, browser, and locale, together with any order an End-Shopper references. "Account Data" means the data Arbyn collects about you and your store as our customer, including your Shopify store name, owner email address, billing account, and the OAuth permission scopes you grant at install.

"Output" means any reply, draft, summary, suggested action, classification, or other content that the Service generates for you using artificial intelligence or language models. "Subprocessor" means a third party that Arbyn engages to process Customer Data, Store Data, or Account Data on Arbyn's behalf, as listed at arbyn.app/subprocessors. "DPA" means the Data Processing Addendum that Arbyn makes available to Store Owners, which sets out Arbyn's processor obligations and incorporates the applicable Standard Contractual Clauses and the UK International Data Transfer Addendum.

"Shopify" means Shopify Inc. and its affiliates, which operate the commerce platform and app store through which Arbyn is installed and billed. "Documentation" means the user guides, help articles, and technical materials Arbyn publishes for the Service. References to a "calendar month" mean a month that begins on the 1st day at 00:00 UTC and ends immediately before the 1st day of the following month. Any term defined in the singular includes the plural and the reverse, and the words "including" and "such as" are illustrative and not limiting.

This section describes what Arbyn actually does, in plain terms, and reserves our ability to keep improving it. Arbyn is an AI customer support and sales agent for Shopify stores.

The Service reads incoming support and sales messages across the channels you connect, which today include email, chat, and social direct messages, and it drafts and sends replies in your store's voice. It pulls live context from your Shopify store, such as the relevant order, customer history, fulfillment status, and your store policies, so that its replies are grounded in your actual data. Where you have authorized it, the Service also executes Shopify actions on your behalf, such as issuing refunds, canceling orders, editing shipping addresses, applying discounts, and processing returns, always within the limits and toggles you set. The Service also reports back to you in your dashboard, for example on resolution rates, customer satisfaction, and revenue attribution.

The Service is an automated agent that operates on your behalf and under your configuration. It does not act as your legal, financial, or professional advisor, and it does not guarantee any particular commercial outcome, resolution rate, revenue result, or response quality. The quality and behavior of the Service depend in part on the accuracy and completeness of your Store Data, the channels and scopes you connect, and the settings you choose, which are your responsibility to maintain.

We are continuously developing the Service, and we may modify, add, improve, or discontinue features, models, integrations, and functionality over time. We may do this to add value, to comply with law, to maintain security, or for other legitimate business reasons. We will not materially degrade a core feature that you rely on without giving you reasonable prior notice where practicable. Some changes, such as security fixes, changes required by Shopify or another third party, and changes required by law, may need to take effect immediately and without advance notice.

The Service depends on third-party platforms and networks that we do not control, and it is provided on an "as available" basis. We do not commit to any specific uptime, availability, or service level in these Terms, and any separate service level commitment would need to be in a written agreement signed by an authorized representative of Arbyn. Interruptions, latency, and errors can occur, including because of events outside our reasonable control, and we describe how those risks allocate in the disclaimer, limitation of liability, and force majeure sections below.

This section covers how you set up and connect Arbyn, and what you promise when you grant it access to your store. In short, you install Arbyn through Shopify and authorize the access it needs to work.

To use the Service, you must have an active Shopify store and a connected Shopify account in good standing. You install Arbyn from the Shopify App Store, and during install Shopify presents the specific API access scopes the Service requests. By completing the install and granting those scopes, you authorize Arbyn to access, read, and, where you enable it, act on the associated Shopify data, which includes orders, line items, fulfillment, shipping, customer records, product catalog, inventory, pricing, store policies, and Markets configuration. You represent and warrant that you have the authority to grant that access and that doing so does not violate any agreement or law that applies to you.

Arbyn follows a data-minimization and least-privilege approach. We request only the minimum Shopify API access scopes the Service needs to operate, the full set of scopes you grant is shown on the Shopify install screen, and we review the scope set before each release. If a future feature requires additional scopes, Shopify will prompt you to review and approve them before that feature can access the new data. You can review, and in many cases adjust, the access you have granted through your Shopify admin, and you can revoke access entirely by uninstalling the Service.

You are responsible for maintaining the security of your Shopify account, your Arbyn dashboard credentials, and any devices or accounts used to access the Service, and for all activity that occurs under your account. You must notify us promptly at security@arbyn.app if you believe your account has been compromised or accessed without authorization. Because authentication and account provisioning flow through Shopify, your Shopify login controls apply, and you are responsible for managing which of your personnel have access to your store and to Arbyn.

Your continued access to the Service depends on your Shopify store and account remaining active and in good standing with Shopify. If Shopify suspends, throttles, closes, or terminates your store or your access to the Shopify APIs, the Service may be interrupted or become unavailable, and we describe the consequences of that dependency in the third-party services and Shopify dependency section below. You are responsible for keeping your Account Data, including your billing account and contact email, accurate through Shopify so that we can bill you correctly and reach you with notices.

This section explains what the plans cost and how you pay, and the key point is that all billing runs through Shopify, so we never see your card. There are two plans and no trial period.

Arbyn Starter is free. It costs $0 per month and includes 150 AI conversations per calendar month. The Starter allowance resets on the 1st of each calendar month at 00:00 UTC, and unused conversations do not carry over. Arbyn Agent is $99 per month and includes unlimited AI conversations across all connected channels. There are no per-conversation, per-resolution, or overage fees on either plan. The single difference between the plans is the conversation allowance. We do not offer a free trial of the Agent plan, and these Terms do not create one. The free Starter plan is the entry point to the Service.

All fees are billed and collected exclusively through Shopify Billing inside your Shopify admin. We do not collect, see, process, or store your payment card details, and we do not charge your card directly. Your subscription is charged through Shopify's app-charge mechanism, and your Shopify billing relationship, along with Shopify's own terms, also applies to those charges. Refunds, dunning, retries, currency handling, and payment-method management are handled through Shopify's processes, and we do not issue refunds or process payments outside Shopify's flow except where Shopify's policies or applicable law require otherwise.

The Agent plan is a recurring monthly subscription that renews automatically each month through Shopify until you cancel it. By subscribing to the Agent plan, you acknowledge and agree, clearly and conspicuously, that Shopify will charge the recurring $99 monthly fee to your Shopify billing account on an ongoing monthly basis until you downgrade or uninstall, and that Shopify surfaces the recurring-charge approval screen inside your Shopify admin when the charge is created. You are responsible for reviewing and approving that charge screen. Cancellation is done by downgrading to the Starter plan or by uninstalling Arbyn in your Shopify admin, and we explain the effect of cancellation in the next section.

Fees are stated exclusive of taxes. You are responsible for all applicable sales, use, value-added, goods-and-services, and similar taxes and government charges associated with your subscription, other than taxes based on our net income, and Shopify may calculate, collect, and remit certain of those taxes through its own processes. We may change our pricing on at least 30 days notice, communicated through the Service, by email, or through Shopify. If we increase the price of a plan you are on, your existing subscription keeps its current rate for at least 90 days after the increase takes effect, and the $0 Starter tier remains available. Continuing to use a paid plan after a price change takes effect for you constitutes acceptance of the new price.

This section covers how you move between plans and how you stop paying, and the short answer is that you are always in control from your Shopify admin. You can upgrade, downgrade, or cancel at any time.

You may upgrade from Starter to Agent at any time from your Shopify admin, and Shopify will present the recurring-charge approval screen for the Agent plan before the charge begins. You may downgrade from Agent to Starter at any time, and after a downgrade the Starter conversation allowance of 150 AI conversations per calendar month applies going forward. When you downgrade, your paid access generally continues through the end of the period you have already been charged for, unless you uninstall, after which the Starter terms apply. Because billing runs through Shopify, the exact proration and timing of plan changes follow Shopify's billing mechanics.

Cancellation of a paid subscription is done by downgrading to the Starter plan or by uninstalling Arbyn in your Shopify admin. Cancellation stops future charges. We do not provide pro-rata or partial refunds for the unused portion of a paid period, except where required by applicable law or by Shopify's policies. If you uninstall, your access to the Service ends and the data-deletion process described in the effect-of-termination section begins. If you downgrade without uninstalling, your access continues on the Starter plan.

Because the Service is billed and managed through Shopify, the cancellation mechanism is intentionally simple and lives in the same admin where you manage your other Shopify apps and charges. You do not need to contact us, wait on a support queue, or provide a reason to cancel, and we do not impose any cancellation fee. Uninstalling is sufficient to end the billing relationship. If you have trouble canceling through Shopify, you can contact us at privacy@arbyn.app and we will help, but the authoritative cancellation control is in your Shopify admin.

Automatic renewal continues only for as long as you keep the Agent plan installed and active. There is no fixed minimum term and no lock-in period. If your Shopify store or account is closed, or if Shopify terminates the app charge, your paid subscription will end according to Shopify's processes. We are not responsible for renewal, proration, or refund outcomes that result from Shopify's billing mechanics or from changes you make to your Shopify account, although we will make reasonable efforts to help resolve billing questions that fall within our control.

This section lists what you may not do with Arbyn. The theme is simple. Use the Service lawfully, for genuine customer support and sales, and do not abuse it, break it, or use it to harm others.

You agree not to use the Service, and not to permit anyone using your account to use the Service, to do any of the following. Do not use the Service for any unlawful, fraudulent, deceptive, or infringing purpose, or in violation of any applicable law or regulation. Do not process, upload, or direct the Service to process any data that you do not have the legal authority, lawful basis, or necessary consents to process. Do not use the Service to send unsolicited or bulk messages, whether by email, chat, or social direct message, outside of genuine, customer-initiated support and sales interactions, and do not use the Service in any way that violates consumer-protection, marketing, telemarketing, anti-spam, or privacy laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and Canada's Anti-Spam Legislation.

Do not reverse engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code, models, or underlying structure of the Service, except to the limited extent that applicable law expressly permits despite this restriction. Do not circumvent, disable, or interfere with usage limits, security features, rate limits, or access controls. Do not resell, sublicense, rent, lease, or white-label the Service, or make it available to any third party, without our prior written consent. Do not upload or transmit malware, or use the Service to distribute harmful code, launch a denial-of-service attack, or gain unauthorized access to any system or data. Do not use Output, in whole or in part, to build, train, or improve any product, model, or service that competes with the Service.

Do not use the Service to infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party, and do not use the Service for any high-risk or prohibited use of AI output, including any use that these Terms disclaim in the AI features section. You are also responsible for ensuring that your own end-shopper communications sent through the Service comply with the laws that apply to you, including obtaining any consents required for the messages you send and honoring opt-out and unsubscribe requests. Because you may direct the Service to send email to your shoppers, you are responsible for your own compliance with the CAN-SPAM Act and equivalent laws when you do so.

We may investigate suspected violations of this section. We may suspend, restrict, or terminate your access to the Service, with or without notice depending on the severity of the issue, if we reasonably believe you have violated this acceptable use policy, if your use poses a security, legal, or operational risk to us, to Shopify, to other users, or to any third party, or if your account is subject to legal process. Where practicable and not prohibited by law or an urgent risk, we will give you notice and an opportunity to cure a violation before suspending or terminating, but we are not obligated to do so where the violation is serious, ongoing, or unlawful. You remain responsible for any activity that occurs under your account in breach of this section.

This section is about the controls that keep you in charge of what Arbyn does. Arbyn only ever acts within the limits you set, so it matters that you set them thoughtfully and review them.

The Service gives you configuration controls, and you are responsible for setting and maintaining them appropriately for your business. These controls include confidence thresholds that determine when the Service acts or escalates, escalation rules that route messages to a human, refund and money-movement ceilings that cap the value of any action the Service can take, and action toggles that turn specific capabilities, such as refunds, cancellations, address changes, discounts, and returns, on or off. The Service executes only the actions you have enabled, and only within the limits you have set. If you enable an action and set a ceiling, you are authorizing the Service to take that action up to that ceiling on your behalf.

You are responsible for configuring appropriate human review and oversight for your risk tolerance and your legal obligations. The Service is designed to keep you in control, including through a one-click control that pauses activity across channels, refund ceilings that are enforced per action, per day, and per channel, and an audit trail that writes each action the Service takes into your Shopify order timeline so that you can see it in the place you already look. You are responsible for monitoring that audit trail and your Shopify timeline, and for reviewing the actions the Service takes on your behalf.

You are responsible for the accuracy, legality, and completeness of the Store Data and Customer Data you make available to the Service, for the instructions you give it through your configuration, and for the consequences of the actions the Service executes within the authorizations and limits you set. This includes refunds, cancellations, address edits, discounts, gift cards, and returns. Because these actions move money or change orders in your store, you should set ceilings and toggles that match your business rules, and you should review the results in your Shopify timeline. We are not responsible for the commercial consequences of actions the Service takes within your configured authorizations.

You are responsible for ensuring that the replies the Service sends on your behalf, including replies about returns, warranties, pricing, shipping, safety, or other regulated or sensitive topics, are accurate and compliant with the laws and policies that apply to you. You are responsible for maintaining a lawful basis and any required consents for the End-Shopper data you direct the Service to process, and for not routing special-category or otherwise sensitive personal data through the Service where it can be avoided. You should instruct your shoppers and your staff not to submit sensitive personal data through your support channels where it is not necessary. Your responsibilities in this section are important allocations of risk, and they inform the indemnification and limitation-of-liability sections below.

This section makes ownership clear. Your data stays yours. We do not claim to own it, and we only use it to run the Service for you.

As between you and us, you own all Store Data, all End-Shopper messages and conversation content, all Account Data you provide, and all Output generated for you through the Service. We claim no ownership of any of it. Your ownership is subject only to the limited license you grant us in this section so that we can operate the Service, and to the third-party rights of Shopify, your shoppers, and others that may exist in the underlying data. Nothing in these Terms transfers ownership of your data to us.

You grant Arbyn a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, process, and otherwise use Customer Data, Store Data, and Account Data solely to provide, secure, maintain, support, and improve the Service for you, and to comply with law. This license includes the right to run AI inference on the relevant content in order to draft and send replies, to pull and use live Shopify context, and to execute the actions you have authorized, all as further described in the DPA. This license exists only to enable the Service and ends, with respect to the underlying data, when the data is deleted under the retention and deletion terms below, except for the limited residual copies described there.

Arbyn may create and use aggregated and de-identified data derived from use of the Service in order to operate, analyze, secure, and improve the Service and to develop new features. We do this only where the data has been aggregated or de-identified so that it does not identify you, any store, or any End-Shopper, and cannot reasonably be used to re-identify any of them. We do not sell aggregated or de-identified data. This clause does not permit us to use your identifiable Customer Data or Store Data for any purpose other than providing the Service to you.

Your data is not used to train foundation models. We do not use your data, your shoppers' data, or your conversations to train Arbyn's or any third party's foundation models, and we do not use one Store Owner's data to train models that serve any other Store Owner. End-Shopper message content and order context that the Service sends to the LLM inference provider, Deep Infra, are processed under a zero-retention arrangement, which means those inputs are not retained by, and are not used to train the models of, that provider. This no-training commitment applies to the LLM inference path. Other subprocessors, such as our email and infrastructure providers, retain limited operational data such as delivery logs, cached assets, or data at rest strictly to perform their function, as described on the Subprocessors page and in the DPA.

This section connects these Terms to how we handle personal data. The key idea is that Arbyn is a processor for your shoppers' data and a controller only for your own account data, and a separate DPA governs the detail.

For the personal data of your End-Shoppers that flows through the Service, including message content, referenced orders, and technical metadata such as IP address, browser, and locale, you are the data controller and Arbyn (ONDUTYOPS LLC) is the data processor, or the equivalent service provider, acting only on your documented instructions. You are responsible for establishing and documenting a lawful basis for that processing and for meeting your own obligations to your shoppers. For the Account Data we collect about you as our customer, such as your store name, owner email, billing account, and granted OAuth scopes, Arbyn is the controller. Our handling of personal data is described in our Privacy Policy at arbyn.app/privacy and, for individuals in the European Economic Area, the United Kingdom, and Switzerland, in our GDPR disclosures at arbyn.app/gdpr.

Arbyn makes a Data Processing Addendum available to every Store Owner. The DPA sets out Arbyn's processor obligations under GDPR Article 28 and comparable laws, identifies the Subprocessors, and incorporates the applicable transfer tools, namely the European Commission Standard Contractual Clauses and the United Kingdom International Data Transfer Addendum, supported by a Swiss addendum where relevant. The DPA is pre-signed and takes effect on installation for Store Owners in the EEA, the UK, and Switzerland, and countersigned copies are available on request from privacy@arbyn.app. The DPA is incorporated into these Terms by reference for Store Owners to whom it applies, and where the DPA and these Terms conflict on the processing of personal data, the DPA controls.

End-Shopper rights requests are routed to you as the controller. If an End-Shopper asks to access, correct, export, or delete their data, they should direct that request to the store they contacted, because you are the controller of that data. Arbyn will assist you in responding to such requests using appropriate technical and organizational measures, and Arbyn handles requests about your own Account Data directly. Where Shopify sends Arbyn a compliance webhook, such as a customer data request, a customer redaction, or a shop redaction, Arbyn verifies the request and acts on it as described in the effect-of-termination and privacy disclosures. Arbyn does not act on End-Shopper data outside your instructions except where the law requires it.

The Service is hosted in the United States, and transfers of EEA, UK, or Swiss personal data to Arbyn and its US Subprocessors rely on the Standard Contractual Clauses and the UK Addendum, supported by encryption in transit and at rest. Arbyn requires each Subprocessor to be bound by data-protection obligations, and Arbyn gives at least 30 days advance notice before adding or replacing a Subprocessor, with a right for you to object as described in the subprocessors section. This section is a summary. For the full detail on roles, lawful bases, international transfers, retention, breach notification, and data-subject rights, read the Privacy Policy, the GDPR page, and the DPA, which govern those topics.

This section is the important one for an AI product. In plain terms, the Service is powered by probabilistic language models, its output can be wrong, you stay in control, and you are responsible for what you let it send and do.

AI-generated replies, summaries, classifications, and suggested actions can be inaccurate, incomplete, outdated, or inappropriate. Output is generated by probabilistic language models and is not guaranteed to be correct, current, complete, or fit for any particular purpose, and it can include errors sometimes called hallucinations. You are responsible for reviewing and controlling what the Service sends and does on your behalf, including through the confidence thresholds, escalation rules, refund ceilings, and action toggles in your dashboard. Where a matter is important, sensitive, legally regulated, or high-value, you should configure human review rather than fully automated handling.

You control the level of autonomy the Service operates with, and the Service executes only the actions you have enabled and only within the limits you have set. You are responsible for configuring appropriate human oversight for your business, for setting ceilings that match your risk tolerance, and for the consequences of the actions the Service executes under your authorizations, such as refunds, cancellations, address changes, discounts, gift cards, and returns. The Service writes each action it takes into your Shopify order timeline so that you can monitor and audit it. If you enable automated actions, you accept that the Service may take those actions without a human reviewing each one, up to the limits you configure, and you remain responsible for monitoring the results.

Output does not constitute legal, financial, medical, tax, accounting, or other professional advice, and you must not rely on it as such, nor should you present it to your shoppers as professional advice. You are responsible for ensuring that replies about returns, warranties, pricing, shipping, product safety, or other regulated topics are accurate and compliant with the laws, policies, and representations that apply to your business. Where a shopper's question calls for professional judgment or a legally required disclosure, you should ensure a qualified human handles it. We are not responsible for decisions you or your shoppers make in reliance on Output.

Where an End-Shopper interacts with the Service, applicable law may require that the shopper be told they are dealing with an automated AI agent rather than a human. Both you and we have roles here. We provide the Service and configuration tools, and you, as the party that deploys the Service to your shoppers and controls its behavior, are responsible for making any bot-disclosure or AI-transparency notices that the law requires of you, including under laws such as the California Bot Disclosure Law and the transparency duties in Article 50 of the EU AI Act where your shoppers are in the European Union. A general customer-support or sales assistant of this kind is generally not a high-risk AI system, but the transparency obligations can still apply, and you should assess and meet your own obligations. We will not misrepresent the Service as human where we are responsible for a disclosure.

The Service depends on third-party AI models and inference providers whose behavior and availability we do not fully control, and model outputs can change over time as models are updated. We may change the models or providers we use in order to improve quality, reduce cost, maintain availability, or comply with law. Except as expressly stated in these Terms, we make no warranty about the accuracy, reliability, or suitability of Output, and the disclaimers and limitation of liability below apply to it in full.

This section covers who owns the Service itself and what you are allowed to do with it. We own Arbyn, and we grant you a limited license to use it while you are a customer.

As between you and us, Arbyn and its licensors own and retain all right, title, and interest in and to the Service, including all software, source code, models and model integrations, algorithms, the dashboard, the chat widget, the APIs, the Documentation, the Arbyn name and logo and other trademarks, and the design, structure, and look and feel of the Service, together with all intellectual property rights in any of the foregoing. Nothing in these Terms transfers any ownership of the Service or any Arbyn intellectual property to you, and all rights not expressly granted to you are reserved by Arbyn and its licensors.

Subject to your compliance with these Terms and your payment of any applicable fees, Arbyn grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of these Terms, solely for your own internal business purposes of operating your Shopify store. This license is personal to you and does not permit you to make the Service available to any third party except your own authorized personnel and your own end-shoppers as the Service is intended to be used. The Arbyn trademarks and brand assets may not be used without our prior written consent, except as necessary to identify the Service in the ordinary course of your permitted use.

You may not, and may not permit any third party to, copy, modify, create derivative works of, distribute, sell, sublicense, or otherwise exploit the Service or any part of it except as expressly permitted by these Terms. You may not remove, obscure, or alter any proprietary notices on the Service, and you may not use the Service to develop a competing product or model or to benchmark it for a competitor. The restrictions in the acceptable use section also apply to your use of the Service and its intellectual property.

If you provide any content, configuration, or materials to the Service, you retain ownership of that content as described in the data-ownership section, and you grant only the limited licenses expressly set out in these Terms. Feedback is treated separately in the next section. This intellectual property section survives termination of these Terms, because the ownership and reservation of rights it establishes continue to apply after your access to the Service ends.

This section is short and covers ideas you send us. If you suggest an improvement, we can use it freely, and you will not owe you anything for it, and you will not owe us anything either.

From time to time you may choose to provide us with suggestions, feature requests, ideas, comments, or other feedback about the Service (together, "Feedback"). You are not obligated to provide Feedback, and you should not send us any Feedback that you consider confidential or proprietary, because we treat Feedback as non-confidential and non-proprietary. If you do send us Feedback, you do so voluntarily.

You grant Arbyn a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, incorporate, and otherwise exploit the Feedback for any purpose, including to develop, improve, and commercialize the Service and other products, without any restriction, attribution, or obligation to you. We may use Feedback without compensating you and without any obligation to implement it or to credit you.

Nothing in this section gives us any right to your Customer Data, Store Data, or Account Data beyond the licenses expressly granted elsewhere in these Terms. Feedback means the ideas and suggestions themselves, not your underlying business data. If a suggestion you send necessarily reveals some of your data, that data continues to be governed by the data-ownership and privacy sections, and only the idea or suggestion component is licensed to us as Feedback. This section survives termination.

This section explains that Arbyn relies on other companies, most importantly Shopify, and what that means for you. When those services change or go down, it can affect the Service, and that is outside our control.

The Service integrates with and depends on third-party services, most importantly Shopify, which provides the commerce platform, the app store through which you install Arbyn, the OAuth access to your store data, and the billing mechanism through which you pay. The Service requires an active, connected Shopify store to function. Your use of Shopify is governed by Shopify's own terms and privacy policy, not by these Terms, and you are responsible for maintaining your Shopify account in good standing. If Shopify suspends, throttles, changes, deprecates, or terminates its platform, APIs, billing, or your access to them, the Service may be interrupted, degraded, or become unavailable, and we are not liable to you for that interruption.

The Service also relies on the Subprocessors listed at arbyn.app/subprocessors, including our hosting, AI inference, email, and content-delivery providers, and it may link to or interoperate with other third-party services you connect. Those third-party services are provided by their respective store owners under their own terms and privacy policies. We are not responsible for the acts, omissions, availability, security, accuracy, content, changes, or outages of any third-party service, and your use of a third-party service is between you and that provider. You are responsible for reviewing and complying with the terms of any third-party service you connect to the Service.

Because the Service is built on and around these third parties, some events that affect the Service are outside our reasonable control, including platform outages, API changes, rate limiting, model-provider changes, and network failures. We will make commercially reasonable efforts to maintain the Service and to adapt to third-party changes, but we do not guarantee that any integration will remain available or unchanged, and we may need to modify or discontinue an integration if a third party changes or ends its service. The force majeure section applies to third-party platform outages, including Shopify outages.

You acknowledge that as a Shopify Partner, Arbyn is bound by Shopify's Partner Program Agreement, API License and Terms of Use, Acceptable Use Policy, Protected Customer Data requirements, and Data Processing Addendum, which are agreements between Arbyn and Shopify. Those agreements do not create obligations that run to you under these Terms, but they may affect how the Service operates. For your part, because the Service handles Shopify Protected Customer Data on your behalf, you agree to maintain a lawful basis and any required consents for the End-Shopper data you direct the Service to process, and to comply with Shopify's applicable terms as they relate to your store.

This section names the third parties that help run Arbyn and process data on our behalf, and points you to the authoritative, always-current list. We disclose them by name and give you notice before adding new ones.

Arbyn engages a small set of Subprocessors to operate the Service, and each is contractually bound to process data only on Arbyn's instructions and to protect it. The full, current, and authoritative list is published at arbyn.app/subprocessors, which is the source of truth and is incorporated into these Terms by reference. As of the last update of that page, the Subprocessors are Render (application hosting, database, and storage, in the United States), Deep Infra (LLM inference under a zero-retention, no-training arrangement, in the United States), Shopify Inc. (the commerce platform and source of order, customer, catalog, and policy data, in Canada), Shopify Billing (subscription charges inside your Shopify admin, in Canada), Resend (transactional email to Store Owners, in the United States), Postmark, whose legal entity is ActiveCampaign LLC (email forwarding and escalation to Store Owner inboxes, in the United States), and Cloudflare (content delivery, DNS, and DDoS protection, on a global edge with US corporate presence).

Arbyn commits to give at least 30 days advance notice before adding or replacing a Subprocessor. We provide that notice by updating the Subprocessors page and by emailing Store Owners who have subscribed to subprocessor change notices, which you can do by contacting us. This notice period gives you the opportunity to review the change before it takes effect and to raise any concerns with us before the new Subprocessor begins processing data.

If you object in writing to a new or replacement Subprocessor on reasonable data-protection grounds, we will work with you in good faith to address the objection, for example by describing the safeguards in place or, where feasible, offering an alternative. If we cannot resolve your objection, your remedy is to stop using and uninstall the Service, in which case your data is deleted in line with the retention and deletion terms below. Objecting to a Subprocessor does not entitle you to a refund of fees already paid, except as required by law or Shopify policy.

Each Subprocessor is engaged under terms that require it to implement appropriate security measures and to process data only as needed to perform its function on our behalf, and the Subprocessors that handle personal data of individuals in the EEA, the UK, or Switzerland are covered by the transfer tools described in the DPA. The certifications shown on the Subprocessors page, such as SOC 2 Type 2 or ISO 27001, are the certifications held by those vendors, not by Arbyn, and Arbyn's own compliance posture is described separately on our Security page. We keep the Subprocessors page current, and where these Terms and that page differ on the identity of a Subprocessor, the Subprocessors page controls.

This section protects the non-public information each side shares with the other. In short, if one of us learns the other's confidential information through the Service, we keep it confidential and use it only for the relationship.

"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") in connection with the Service that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Your Confidential Information includes your Store Data, Customer Data, Account Data, and your non-public business information. Our Confidential Information includes the non-public aspects of the Service, our pricing not publicly posted, our security and technical information, and our roadmap and Feedback-derived plans. Confidential Information does not include information that is or becomes public through no fault of the Receiving Party, that the Receiving Party already knew without a duty of confidentiality, that it independently developed without using the Disclosing Party's Confidential Information, or that it rightfully received from a third party without a duty of confidentiality.

The Receiving Party will use the Disclosing Party's Confidential Information only to perform its obligations and exercise its rights under these Terms, and will not disclose it to any third party except to its personnel, affiliates, and subprocessors or advisors who need to know it for those purposes and who are bound by confidentiality obligations at least as protective as those in this section. The Receiving Party will protect the Disclosing Party's Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than a reasonable degree of care.

The Receiving Party may disclose Confidential Information if required to do so by law, regulation, or valid legal process, provided that, where legally permitted, it gives the Disclosing Party reasonable prior notice so that the Disclosing Party can seek a protective order or other appropriate remedy, and that it discloses only the portion of Confidential Information legally required to be disclosed. This section does not limit either party's rights or obligations with respect to personal data, which are governed by the privacy section, the Privacy Policy, and the DPA.

Each party's confidentiality obligations continue for as long as the information remains confidential, and this section survives termination of these Terms. A breach or threatened breach of this section may cause irreparable harm for which monetary damages would be inadequate, and the non-breaching party may seek injunctive or other equitable relief to protect its Confidential Information, in addition to any other remedies available, and such relief is carved out of the arbitration requirement below.

This section covers whether we can mention that you use Arbyn. We would like to, but you can tell us not to, and we will respect that.

You grant Arbyn a limited, revocable, royalty-free license to use your store name and logo to identify you as a customer of Arbyn in our marketing materials, website, customer lists, and similar promotional contexts, in a manner consistent with your brand guidelines to the extent you provide them. We will use your name and logo only to accurately identify you as a customer and will not imply any endorsement beyond that without your consent. Any goodwill arising from our use of your marks inures to you.

You may opt out of this publicity permission at any time by emailing privacy@arbyn.app, and after we receive your opt-out we will stop new uses of your name and logo for publicity within a reasonable time and will remove them from materials we control on a going-forward basis. Some previously distributed or cached materials may take time to update or may be outside our control, and the opt-out applies prospectively.

If you would prefer that we not use your name or logo at all, you can tell us before or after installing, and we will honor that preference. This section does not affect either party's confidentiality obligations, and it does not permit us to disclose your Confidential Information. It also does not affect any separately negotiated case study, testimonial, or co-marketing arrangement, which would be governed by its own written agreement.

This section is the "as is" disclaimer, and it is written in a deliberately prominent way because the law requires disclaimers like this to be conspicuous. The plain point is that we provide the Service without warranties, and you use it at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE OUTPUT, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ARBYN AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE OR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULT, OR OPERATE WITHOUT INTERRUPTION, AND WE DO NOT WARRANT OR GUARANTEE THE ACCURACY OR APPROPRIATENESS OF ANY AI-GENERATED OUTPUT, WHICH MAY BE INCORRECT OR INCOMPLETE AS DESCRIBED IN THE AI FEATURES SECTION.

You acknowledge that the Service depends on third-party platforms, networks, and AI models that we do not control, that internet and data transmission are inherently subject to interruption and error, and that no security measure is perfectly effective. We do not represent that the Service is fully secure or that data processed through it is fully anonymized, and any statements we make about security describe reasonable measures rather than guarantees. You assume responsibility for your configuration of the Service, for the actions it takes within your authorizations, and for your reliance on Output.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of certain damages, so some of the above exclusions may not apply to you in full. In that case, the disclaimers and limitations in these Terms apply to the greatest extent permitted by applicable law, and any warranty that cannot be disclaimed is limited in duration and remedy to the minimum the law allows. This section is a fundamental basis of the bargain between you and us, and the fees, including the $0 Starter price, reflect this allocation of risk.

This section caps how much we can owe you if something goes wrong. It is written prominently on purpose, and it is a core part of why the Service can be offered at these prices, including for free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ARBYN NOR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IN ANY ROLLING 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US, THROUGH SHOPIFY, FOR THE SERVICE IN THAT 12-MONTH PERIOD, OR (B) ONE HUNDRED US DOLLARS ($100). IF YOU USE ONLY THE FREE ARBYN STARTER PLAN AND HAVE PAID US NOTHING, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). THIS CAP IS CUMULATIVE ACROSS ALL CLAIMS AND DOES NOT RESET WITH EACH CLAIM.

The limitations and exclusions in this section do not apply to the extent they are prohibited by applicable law. In addition, they do not limit the following, to the extent they arise: your obligation to pay fees properly due for the Service, your indemnification obligations under these Terms, a party's breach of its confidentiality obligations, a party's gross negligence or willful misconduct, or a party's infringement, misappropriation, or misuse of the other party's intellectual property rights. Where an exclusion or limitation is not permitted by law, our liability is limited to the least the law allows.

You acknowledge that the disclaimers and the limitations of liability in these Terms reflect a reasonable and negotiated allocation of risk between you and us, that they are an essential basis of the bargain, and that the price of the Service, including the $0 Starter plan, would be materially different without them. Because AI output can be inaccurate and because the Service acts within your configuration and on third-party platforms, you accept that your control over configuration, oversight, and use is the primary safeguard, and that the monetary remedies available to you are limited as set out above. This section survives termination.

This section allocates responsibility when a third party brings a claim. In short, you cover claims that arise from your data, your setup, and your use, and we cover a narrow set of intellectual property claims about the Service itself.

You will defend, indemnify, and hold harmless Arbyn and its affiliates, and their respective officers, directors, employees, and agents, from and against any third-party claims, demands, suits, or proceedings, and any resulting losses, damages, liabilities, settlements, costs, and reasonable attorneys' fees, arising out of or relating to: your Store Data, Customer Data, or Account Data, or the content of messages sent or actions taken through the Service under your authorization; your configuration and use of the Service, including the thresholds, ceilings, toggles, and instructions you set; your violation of these Terms, the acceptable use policy, or any applicable law; your failure to maintain a lawful basis or required consents for the data you direct the Service to process; and any claim by an End-Shopper or other third party relating to communications the Service sent or actions it took on your behalf.

Arbyn will defend you from and against any third-party claim alleging that the Service, as provided by Arbyn and used by you in accordance with these Terms, infringes that third party's intellectual property rights enforceable in the United States, and Arbyn will pay the damages and reasonable costs finally awarded against you, or agreed in settlement by Arbyn, for such a claim. Arbyn's obligation in this paragraph is subject to the limitation of liability section and does not apply to any claim to the extent it arises from: your Store Data, Customer Data, or Account Data; your configuration, instructions, or Output you chose to send; modifications to the Service not made by Arbyn; combination of the Service with products, data, or services not provided by Arbyn where the claim would not have arisen but for the combination; or your use of the Service in violation of these Terms or applicable law.

If the Service becomes, or in Arbyn's reasonable opinion is likely to become, the subject of an infringement claim, Arbyn may, at its option and expense, procure the right for you to continue using the Service, modify or replace the Service so that it becomes non-infringing while remaining materially equivalent, or, if neither of those options is commercially reasonable, terminate the affected Service and refund any prepaid, unused fees for it. This paragraph, together with the defense obligation above, states Arbyn's entire liability and your sole and exclusive remedy for any claim that the Service infringes any third-party intellectual property right.

The indemnification obligations in this section are conditioned on the indemnified party promptly notifying the indemnifying party in writing of the claim (except that a failure to give prompt notice relieves the indemnifying party only to the extent it is prejudiced), giving the indemnifying party sole control of the defense and settlement (provided that any settlement that imposes a non-monetary obligation on or admits fault by the indemnified party requires that party's prior written consent, not to be unreasonably withheld), and providing reasonable cooperation at the indemnifying party's expense. This section survives termination, and the indemnities here are not limited by the specific damages exclusions in the limitation of liability section, though Arbyn's IP indemnity remains subject to the overall liability cap as stated above.

This section explains how long the agreement lasts and how it can end. The simple version is that it runs while Arbyn is installed, you can leave anytime by uninstalling, and we can suspend or end access in defined situations.

These Terms take effect when you first accept them, as described in the agreement section, and continue for as long as the Service is installed on your Shopify store or you otherwise use the Service, unless terminated earlier in accordance with these Terms. There is no fixed minimum term. Your subscription plan and billing continue as described in the billing and renewal sections until you downgrade or uninstall.

You may terminate these Terms at any time and for any reason by uninstalling Arbyn from your Shopify admin, which also cancels any paid subscription on a going-forward basis as described in the cancellation section. Uninstalling is the primary way you end the relationship, and it triggers the data-deletion process described in the next section. You do not need our permission or assistance to uninstall.

We may suspend or restrict your access to the Service, in whole or in part, with or without notice depending on the severity and urgency of the situation, if you materially breach these Terms or the acceptable use policy, if your use poses a security, legal, or operational risk to us, to Shopify, to other users, or to any third party, if required by law or legal process, if a third-party platform on which the Service depends suspends or terminates relevant access, or if your account has unpaid fees properly due. Where the situation permits, we will aim to give you notice and an opportunity to cure before suspending, but we may act immediately where a delay would create risk.

We may terminate these Terms and your access to the Service for cause on notice if you materially breach these Terms and, where the breach is curable, fail to cure it within a reasonable period after we notify you. We may also terminate or discontinue the Service, or your access to it, if we are required to do so by law or by Shopify, if providing the Service to you becomes commercially or technically impracticable, or if we cease to offer the Service generally, and where we do so for reasons other than your breach or a legal or security requirement, we will give you at least 30 days notice where practicable. Termination does not relieve you of obligations that accrued before termination, including fees properly due, and the sections that are designated to survive will continue to apply.

This section explains what happens to your access and your data when the relationship ends. The headline is that your access stops and your data is deleted on defined, Shopify-driven timelines.

On termination, your license to access and use the Service ends, and you must stop using the Service. Any fees that were properly due before termination remain payable, and, except as stated in the cancellation and indemnification sections or as required by law or Shopify policy, we do not provide refunds of prepaid fees. Provisions that by their nature should survive termination will survive, as listed in the survival part of the general provisions section.

When you uninstall Arbyn, Shopify's data-deletion lifecycle governs the removal of your store's data. Shopify sends Arbyn a shop redaction request approximately 48 hours after you uninstall, and on receipt of that request Arbyn permanently erases the data it holds for your store, and in any event within the window Shopify allows. Arbyn's voluntary target is to complete that erasure promptly after receiving the request. Deletion is permanent, with no soft-delete recovery window, and after erasure your store data cannot be restored. Because the deletion trigger is a Shopify webhook, the precise timing depends on Shopify sending the request.

When an individual End-Shopper's deletion is requested through your Shopify admin, Shopify sends Arbyn a customer redaction request, which Shopify may delay where the customer placed an order in the recent past, and Arbyn permanently deletes all data it holds for that shopper within 30 days of receiving that request. Separately, conversation history is retained for a default period of 24 months so that the Service can learn from your past replies, and you can shorten that retention window or request earlier deletion from your dashboard at any time. Shopify's deletion webhooks override the default conversation-retention window. Arbyn verifies the authenticity of each Shopify compliance webhook and rejects any request that fails verification.

Where Arbyn is legally required to retain specific data, for example for tax, billing, audit, or legal-hold reasons, it will retain only that specific data, for only as long as the law requires, and will delete the remainder on the timelines above. Limited backups and operational or audit logs may persist for a short, defined period after deletion and are purged on a regular cycle, and any residual copies are protected by the same security measures and are not used for any other purpose. You are responsible for exporting any data you wish to keep before you uninstall, using the export tools available in your dashboard, because after deletion we cannot recover it.

This section explains how we make changes to the Service and to this agreement, and how you find out. In short, the Service evolves, the Terms can be updated with notice, and we do not quietly apply worse terms to data we already have.

We may modify, update, add to, or discontinue features and functionality of the Service as described in the description-of-the-service section, including to improve it, to comply with law, or to maintain security. We will not materially degrade a core feature you rely on without reasonable prior notice where practicable, and some changes, particularly security fixes and changes required by third parties or by law, may take effect immediately. Your continued use of the Service after a change to the Service constitutes your acceptance of the change.

We may update these Terms from time to time. If we make a material change to these Terms, we will provide notice by email to the address associated with your account or your Shopify contact, through the Service, or through Shopify, at least 30 days before the change takes effect, unless a shorter period is required by law, by a security need, or by a change mandated by a third party such as Shopify. Non-material changes, such as clarifications and corrections, may take effect when posted. The "last updated" date at the end of this document reflects when these Terms were most recently changed.

Your continued use of the Service after the effective date of an updated version of these Terms constitutes your acceptance of the updated Terms. If you do not agree to an updated version, your remedy is to stop using the Service and uninstall Arbyn before the update takes effect. We encourage you to review these Terms periodically and to keep your contact information current through Shopify so that you receive notices.

We will not apply materially different, less protective terms to personal data we have already collected without an appropriate legal basis, and where the law requires your affirmative consent to apply new terms retroactively to previously collected data, we will obtain that consent rather than relying on mere posting. This commitment sits alongside the privacy section, the Privacy Policy, and the DPA, which govern how we handle personal data and how changes to those documents are communicated.

This section says which law applies and where disputes are heard, subject to the arbitration section that follows. We chose Delaware because that is where ONDUTYOPS LLC is formed.

These Terms, and any dispute or claim arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Subject to the dispute resolution and arbitration section below, and to the extent a dispute is not required to be resolved by arbitration or is carved out of arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction over that dispute. You and Arbyn each consent to the personal jurisdiction of those courts and waive any objection to venue in those courts on grounds of inconvenient forum or otherwise. For equitable matters that are carved out of arbitration, the Delaware Court of Chancery or the state or federal courts located in Delaware are the appropriate venue.

Nothing in this section limits either party's ability to seek injunctive or other equitable relief to protect its intellectual property or Confidential Information, as provided in the arbitration section. The choice of Delaware law and venue applies regardless of your location, and it does not deprive you of the protection of any mandatory consumer-protection provisions of the law of your place of residence that cannot be excluded by agreement, to the extent any such provisions apply to you.

Because the audience for the Service is businesses, these Terms are intended to be a commercial agreement. If you are an individual sole proprietor who is treated as a consumer under a mandatory law of your jurisdiction, some provisions of this section and the arbitration section may apply to you only as that mandatory law permits, and the rest of these Terms remain in effect. This section survives termination.

This section explains how disputes are resolved, and it includes an agreement to arbitrate and a waiver of class actions. Please read it carefully, because it affects your legal rights, and note that you can opt out of arbitration within 30 days.

Informal resolution first. Before starting an arbitration, you and Arbyn agree to try to resolve any dispute informally for at least 30 days. To start, the party raising the dispute must send a written notice of dispute describing the claim and the relief sought. Your notice to Arbyn must be sent to ONDUTYOPS LLC, Attn: Privacy Office, and to privacy@arbyn.app. Our notice to you will be sent to your account or Shopify contact email. You and Arbyn will engage in good-faith efforts to resolve the dispute during a period of 30 to 60 days from the notice. If the dispute is not resolved within that period, either party may begin arbitration.

Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before one arbitrator, seated in Delaware, with the proceedings conducted in English. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides whether the class-action waiver below is enforceable.

Class-action and jury-trial waiver. You and Arbyn each waive any right to a jury trial. You and Arbyn each agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. This class-action waiver is a material and non-severable part of this arbitration agreement. If the class-action waiver is found to be unenforceable as to a particular claim or a particular request for relief, then the entire arbitration agreement will be null and void as to that claim or request for relief only, and that claim or request will proceed in the courts identified in the governing-law section, while arbitration continues to apply to all other claims.

Carve-outs and opt-out. Either party may bring an individual claim in a small-claims court that has jurisdiction, instead of arbitration, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, without waiving the arbitration agreement for other claims. Arbitration fees and costs are governed by the AAA rules, subject to any allocation the arbitrator makes as permitted by those rules. You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to ONDUTYOPS LLC, Attn: Privacy Office, and to privacy@arbyn.app, within 30 days after you first accept these Terms. Your opt-out notice must include your store name and the email associated with your account. If you opt out within that period, disputes will be resolved in the courts identified in the governing-law section, and the rest of these Terms, including the jury-trial and class-action waivers to the extent permitted by law, still apply. This section survives termination.

This section covers compliance with trade and anti-bribery laws. In plain terms, you promise you are allowed to use the Service under US and other applicable laws, and that you will not use it to break those laws.

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region that is the subject of comprehensive US economic sanctions or embargoes, and that you are not identified on any US government restricted-party or sanctions list, including lists maintained by the US Department of the Treasury's Office of Foreign Assets Control (OFAC) or the US Department of Commerce, or on any equivalent list maintained by another applicable government. You further represent that you are not owned or controlled by, and are not acting on behalf of, any such sanctioned or restricted party.

You agree that you will not use, export, re-export, or transfer the Service, or permit its use, in violation of US export control laws and regulations, including the Export Administration Regulations (EAR), or applicable sanctions laws and regulations, and that you will not use the Service for any end use that is prohibited by those laws. You are responsible for complying with all applicable import, export, and sanctions laws that apply to your use of the Service and your business.

You agree to comply with all applicable anti-bribery and anti-corruption laws, including the US Foreign Corrupt Practices Act (FCPA) and any other applicable anti-corruption laws, and you will not use the Service to offer, promise, give, or authorize any improper payment or benefit to any government official or other person. You will not use the Service in furtherance of any activity that would violate these laws.

If any of the representations in this section becomes untrue, or if we are required by applicable trade-control or sanctions law to suspend or terminate your access, we may do so immediately and without liability. You will indemnify us for losses arising from your breach of this section, as provided in the indemnification section. This section survives termination, because the compliance obligations it reflects continue to apply.

This section collects the standard legal clauses that round out the agreement. They are brief but important, and they govern how the whole contract operates.

Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, except that you may assign these Terms in their entirety to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of your assets, provided the successor assumes your obligations and you remain responsible for any pre-assignment obligations. We may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section is void. These Terms bind and benefit the parties and their permitted successors and assigns.

Severability, waiver, and no third-party beneficiaries. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be reformed to the minimum extent necessary to make it enforceable, or if it cannot be reformed, it will be severed, and the remaining provisions will continue in full force and effect, except where the class-action waiver's non-severability rule in the arbitration section applies. No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of a right precludes any further exercise of it. A waiver is effective only if it is in writing and signed by the waiving party. These Terms do not create any third-party beneficiary rights, except that Arbyn's affiliates and licensors may enforce the disclaimers, limitations of liability, and intellectual-property provisions that protect them.

Entire agreement and order of precedence. These Terms, together with the Privacy Policy, the GDPR disclosures, the DPA where it applies to you, the acceptable use commitments referenced here, and the Subprocessors page, all of which are incorporated by reference, constitute the entire agreement between you and Arbyn regarding the Service, and they supersede all prior or contemporaneous agreements, proposals, and understandings, whether written or oral, on that subject. If there is a conflict, a written agreement signed by an authorized representative of Arbyn controls first, then the DPA controls for the processing of personal data, then these Terms, then the incorporated pages, unless a specific document states otherwise. No purchase order or other document you provide will modify these Terms.

Force majeure, notices, and relationship of the parties. Neither party is liable for any delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics or pandemics, government action, internet or utility failures, and outages or changes of third-party platforms including Shopify. Notices to you may be sent to your account or Shopify contact email, and you consent to receiving these Terms, notices, and disclosures electronically, which satisfy any requirement that they be in writing, consistent with the E-SIGN Act and UETA. Notices to us must be sent to ONDUTYOPS LLC, Attn: Privacy Office, and to privacy@arbyn.app. The parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between them. Your acceptance of these Terms at install, whether by clicking or by installing or using the Service, constitutes your electronic signature and your intent to be bound. Section headings are for convenience only and do not affect interpretation, and these Terms may be accepted electronically and in counterparts.

Survival. The following sections survive termination of these Terms, along with any other provision that by its nature should survive: Definitions, Customer Data and Store Data ownership, Our intellectual property, Feedback, Confidentiality, Warranties and disclaimers, Limitation of liability, Indemnification, Effect of termination and data deletion, Governing law and venue, Dispute resolution and arbitration, Export controls and sanctions, this General provisions section, and How to contact us.

This section tells you how to reach us. Use the right address for the right purpose so your message gets to the team that handles it.

For privacy questions, data-subject or data-processing requests, DPA requests, publicity opt-outs, and legal or dispute notices, including the notice of dispute and the arbitration opt-out described in the dispute resolution section, contact us at privacy@arbyn.app, or by mail at ONDUTYOPS LLC, Attn: Privacy Office. For security questions, vulnerability reports, and security-incident matters, contact us at security@arbyn.app. We monitor these inboxes, and using them helps ensure your message reaches the responsible team and that time-sensitive notices, such as a notice of dispute, are properly received.

ONDUTYOPS LLC is a Delaware limited liability company and is the entity that operates Arbyn at arbyn.app. When you send a legal notice, please include your store name and the email associated with your account so that we can identify your account and respond. For general product support, use the support options available in your Arbyn dashboard.

For matters that relate to your Shopify store, your Shopify billing, or the Shopify platform itself, you should also contact Shopify through its own support channels, because those matters are governed by your agreement with Shopify. For requests about your own personal data as a Store Owner, we act as controller and handle them directly, and for requests about your shoppers' data, we route and assist as described in the privacy section, because you are the controller of that data.

We aim to respond to inbound messages within a reasonable time, and we handle privacy and security requests on the timelines described in the Privacy Policy, the GDPR page, and the DPA. If you are not satisfied with our response to a privacy matter, those documents describe your right to escalate to the relevant supervisory authority or regulator. Keeping your contact details current through Shopify helps us reach you with notices and responses.

This closing section records the housekeeping details of the document so you can tell which version you are reading. It exists so that the effective date, the last-updated date, and the version are unambiguous.

Effective date: These Terms are effective as of July 3, 2026, and apply to your use of the Service on and after that date. If you installed the Service before that date, these Terms replace any prior version as of the effective date, subject to the modifications section and to any legally required consent for changes affecting previously collected personal data.

Last updated: July 3, 2026. Version: 1.0. The last-updated date reflects the most recent change to these Terms, and we will update it whenever we revise the document, alongside notice of material changes as described in the modifications section.

These Terms should be read together with the Privacy Policy at arbyn.app/privacy, the GDPR disclosures at arbyn.app/gdpr, the Security page at arbyn.app/security, the Subprocessors list at arbyn.app/subprocessors, and, where it applies to you, the Data Processing Addendum available from privacy@arbyn.app. Together these documents describe how the Service works and how your data is handled, and they are incorporated into these Terms by reference as stated above.

If you have read this far, thank you. The short version at the top is a faithful summary of the intent of these Terms, but the numbered sections are what govern. If anything here is unclear, contact us at privacy@arbyn.app before you install or continue using the Service, and we will do our best to help you understand it.