Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "Customer") and Etovi Pty Ltd (ACN 697 881 940, ABN 56 697 881 940) ("Etovi", "we", "us", "our"), the operator of the Etovi analytics platform.

By creating an account, installing the Etovi Shopify app, or accessing any part of our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

Etovi provides an AI-powered analytics and decisioning platform for Shopify merchants, with features that may include but are not limited to:

• Multi-touch attribution and revenue tracking
• Customer lifetime value and cohort analysis
• Product demand forecasting and inventory recommendations
• Advertising performance reporting and optimisation guidance across connected ad platforms
• AI agent assistance for marketing, supply chain, creative, compliance, and growth decisions

Features available to you depend on your subscription plan and the third-party platforms you have connected to your Etovi workspace.

To use the Service, you must:

• Be at least 18 years of age
• Have authority to bind the business or entity on whose behalf you register
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials and notify us promptly of any unauthorised access

You are responsible for all activity that occurs under your account. We may refuse, suspend, or terminate accounts at our discretion if we reasonably believe these Terms have been breached.

You agree not to, and not to permit any third party to:

• Use the Service for any unlawful purpose or in violation of any applicable Australian, foreign, or international law
• Reverse-engineer, decompile, or attempt to extract the source code of the Service except as permitted by law
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service, our servers, or any connected networks
• Use the Service to send spam, unsolicited messages, or otherwise violate the privacy rights of any person
• Resell, sublicense, rent, lease, or otherwise commercially exploit the Service except as expressly permitted in writing by us
• Misuse AI agents to generate or distribute illegal, deceptive, or harmful content

The Service integrates with third-party platforms including (but not limited to) Shopify, Google Ads, Meta Ads, Google Analytics, and Stripe. Your use of those platforms is governed by their own terms of service.

By connecting a third-party account to your Etovi workspace, you grant us permission to access and process data from that platform on your behalf, in accordance with our Privacy Policy. You are responsible for maintaining valid credentials and for any costs charged by those third-party platforms.

We are not responsible for the availability, accuracy, or performance of third-party platforms. Changes to their APIs or terms may affect features of the Service without prior notice.

The Service may be offered on free, trial, or paid subscription plans. Where a paid plan applies:

• Fees, billing intervals, and any usage-based charges are as set out at sign-up or in your account settings
• Payment is processed via Stripe; you authorise recurring charges against your nominated payment method until you cancel
• All fees are exclusive of GST or other applicable taxes unless otherwise stated. GST will be added where required under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
• Subscriptions auto-renew at the end of each billing period unless cancelled. Cancellation takes effect at the end of the current billing period; we do not provide refunds for partial periods unless required by Australian Consumer Law
• We may revise pricing with at least 30 days' prior notice. If you do not accept the revised pricing, you may cancel before the new rates take effect

We may suspend access if payment is overdue. We will notify you and allow a reasonable cure period before suspension where reasonably practicable.

You retain all rights, title, and interest in data you upload or connect to the Service ("Customer Data"). You grant us a limited, non-exclusive licence to access, host, process, and display Customer Data solely to provide the Service.

We will treat Customer Data as confidential. We will not sell Customer Data, will not use it to train general-purpose models for third parties, and will not disclose it except: (a) to authorised sub-processors as listed in the Privacy Policy; (b) where required by law; or (c) with your consent.

For the handling of personal data more broadly, see our Privacy Policy.

The Service, including all software, AI models, designs, and content (other than Customer Data), is owned by Etovi or its licensors and is protected by copyright, trade mark, and other laws.

We grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms. You may not copy, modify, or create derivative works of the Service except as expressly permitted.

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we make no representation or warranty:

• That the Service will be uninterrupted, error-free, or free from security defects
• About the accuracy, completeness, or reliability of analytics, forecasts, AI-generated recommendations, or other outputs of the Service
• That the Service will meet your specific business requirements or produce particular results

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable consumer protection legislation. Where we are entitled to limit liability for breach of a consumer guarantee, our liability is limited to re-supplying the Service or paying the cost of having the Service re-supplied, at our option.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or in connection with these Terms or the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or related to these Terms or the Service in any 12-month period will not exceed the greater of: (a) the fees you have paid us in that period; or (b) AUD $100.

You agree to indemnify and hold harmless Etovi, its directors, employees, and agents, from any third-party claim, damage, loss, or expense (including reasonable legal fees) arising out of: (a) your use of the Service in breach of these Terms; (b) Customer Data you upload or process via the Service; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) your violation of any applicable law.

You may cancel your subscription at any time via your account settings. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate your access to the Service immediately if we reasonably believe you have materially breached these Terms, engaged in fraud, or otherwise put us, our other users, or third parties at risk.

Upon termination, your right to use the Service ends. We will handle Customer Data in accordance with our Privacy Policy and the data-retention schedule described there. You may request data export prior to termination as described in the Privacy Policy.

Sections that by their nature should survive termination (including 7, 8, 9, 10, 11, and 13) survive termination.

These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them, in respect of any matter arising out of or in connection with these Terms.

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Effective date" at the top of this page
• Notify users by email and via a banner inside the dashboard at least 30 days before the changes take effect
• Where required by law, obtain fresh consent before applying the changes

Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree, you must stop using the Service.

For questions about these Terms or the Service:

• Legal entity: Etovi Pty Ltd
• Australian Company Number (ACN): 697 881 940
• Australian Business Number (ABN): 56 697 881 940
• General support: support@etovi.ai
• Privacy enquiries: privacy@etovi.ai