Terms of Service

1. Acceptance of Terms

By installing the niti.ai Shopify application (“App”) or accessing any functionality of the service, you agree to be bound by these Terms of Service (“Terms”). If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not install or use the App.

We may update these Terms from time to time. We will notify Merchants of material updates, and continued use of the App after the update becomes effective constitutes acceptance of the revised Terms.

2. Description of Service

Niti provides an AI-powered retention platform that analyzes Shopify store data to surface opportunities, generate strategies, and assist Merchants with lifecycle marketing execution. The service includes analytics dashboards, segmentation tools, automation, opportunity detection, and recommended actions or content. We continually improve the App and may add or remove features at any time without prior notice.

The App is designed to be used by Merchants who have obtained all necessary consents from End Customers before sharing data with Niti.

3. Merchant Responsibilities

Merchants remain responsible for ensuring that their use of the App complies with all applicable laws, regulations, and Shopify policies.

• Obtaining all necessary consents from End Customers before sharing data with Niti.
• Providing accurate and up-to-date store data and maintaining control of user access to the App.
• Ensuring that the content of marketing campaigns generated or executed through the App complies with applicable laws (including CAN-SPAM, GDPR, TCPA, CASL, etc.).
• Promptly responding to End Customer privacy requests and forwarding any requests that relate to data processed by Niti to privacy@niti.ai.

4. Account Access and Security

You are responsible for safeguarding the credentials used to access the App and for any actions performed under your account. Notify us immediately at security@niti.ai if you suspect unauthorized access. We may suspend access if we believe your account has been compromised or is being used in violation of these Terms.

5. Fees and Payment

Fees for paid plans are billed through the Shopify Billing API or another mutually agreed processor. By subscribing to a paid plan, you authorize Shopify (or the applicable processor) to charge all fees and applicable taxes. Fees are non-refundable unless required by law. We may change pricing with at least 15 days’ notice; continued use of the service after that notice constitutes acceptance of the new pricing.

6. Intellectual Property

All intellectual property rights in the App and related documentation are owned by Niti Inc. or its licensors. Merchants retain all rights to their store data. We are granted a limited, revocable license to process Merchant and End Customer data solely to provide the services described in these Terms and the Privacy Policy.

You grant Niti a royalty-free, worldwide license to use anonymized or aggregated data and feedback to improve the App, models, and analytics.

7. Data & Privacy

Our collection and use of data is described in detail in the Privacy Policy. By using the App, you authorize us to process Merchant and End Customer data in accordance with that policy. We act as a data processor on behalf of the Merchant and do not sell or use data for unrelated purposes. Each party will implement appropriate safeguards to protect personal data.

8. Service Availability & Support

We aim for high availability and will make commercially reasonable efforts to ensure the App remains accessible. From time to time we may need to perform maintenance that may temporarily affect availability. Support is provided via email (support@niti.ai) and through dedicated success channels for enterprise plans.

We may enforce reasonable usage limits to maintain system stability. Excessive or abusive usage that impacts service performance may result in throttling or suspension.

9. Disclaimers

The App is provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific business outcomes, revenue improvements, or deliverability of Merchant campaigns.

The Merchant understands that outputs generated by the App’s AI models (including recommendations, content, automations, and strategies) may be inaccurate or incomplete. The Merchant is solely responsible for reviewing, validating, and approving all AI-generated content before using it in any marketing or customer-facing activity.

The App may rely on third-party services (e.g., hosting, large language models, communication APIs). We are not responsible for outages, limitations, or performance issues caused by these external services.

10. Limitation of Liability

To the maximum extent permitted by law, Niti Inc. will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, even if we have been advised of the possibility. Our aggregate liability under these Terms will not exceed the fees paid by the Merchant during the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Niti Inc. and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorney fees) arising from your use of the App, violation of these Terms, or violation of any law or third-party rights.

12. Suspension & Termination

You may uninstall the App at any time. We may suspend or terminate access if you violate these Terms, if continued use creates security or legal risk, or if required by Shopify. Upon termination, your license to use the App ends immediately, but sections that by their nature should survive (including payment obligations, confidentiality, intellectual property, disclaimers, and limitations of liability) will continue in effect.

Upon uninstalling the App, we will delete or anonymize Merchant data within 30 days unless required for legal or compliance purposes. Aggregated, non-identifiable data may be retained.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes will be resolved exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of those courts.

14. Contact

Questions about these Terms can be sent to legal@niti.ai or by mail to Niti Inc., 1041 Ellis Avenue, San Jose, CA 95125.