Terms of Service

1. Who these terms are between

These Terms of Service are between Churnmiser LLC, a Virginia limited liability company, trading as ChurnMiser ("ChurnMiser", "we", "us"), and you. If you install the ChurnMiser app on a Shopify store, "you" means the business that operates that store (the "merchant"), and the person installing it confirms they are authorized to bind that business. If you only use our website or free tools, "you" means you as a visitor.

You accept these terms by installing the app, by approving a ChurnMiser charge in Shopify, or by using our website or free tools. If you do not agree, do not use ChurnMiser. ChurnMiser is for business use; you must be at least 18 and able to enter into a binding contract.

Our Privacy Policy is part of these terms. Agencies in our partner programme are also bound by the Agency Partner Terms, which govern that programme where the two differ.

2. The service

ChurnMiser is an AI-powered customer retention platform for Shopify stores. It analyzes your store’s order, customer, product and storefront-event data to estimate which customers are at risk of leaving, recommends and drafts retention campaigns and offers, and, when you choose, sends messages and creates discount codes on your behalf (together, the "Service"). Our website and free tools, such as the store assessment and the churn calculator, are part of the Service too.

We change and improve the Service over time. We may add, change or remove features; if we remove a feature you are paying for in a way that materially reduces the Service, we will tell you in advance where we reasonably can.

3. AI output is an estimate, not a guarantee

Churn-risk scores, predictions, revenue figures, recommendations, generated copy and other AI output are estimates produced by statistical and machine-learning models, including models provided by third parties. They can be wrong. You decide which campaigns run, to whom, with what wording and what offer, and you should review AI-drafted content before it is sent. ChurnMiser does not promise any particular retention, revenue or other business result.

4. Your Shopify store and your account

You access the Service through Shopify, so you must keep your Shopify account in good standing and comply with Shopify’s terms. You are responsible for everyone you allow to use ChurnMiser through your store, and for keeping any API keys or credentials we issue to you confidential. Tell us promptly at support@churnmiser.com if you believe your account or a key has been compromised.

5. Fees and billing

Paid plans are billed through Shopify’s app billing, at the prices shown on our pricing page and on the Shopify approval screen before you are charged. Usage-based charges, such as AI or messaging usage beyond what your plan includes, are billed only within the limits you approve in Shopify. Any free trial and its length are shown when you approve the subscription. Shopify collects the charges and may add applicable taxes.

No refunds. Charges are non-refundable, including for partial billing periods and unused features, except where the law requires otherwise. You can cancel at any time by uninstalling ChurnMiser, which stops future charges.

We may change our prices with at least 30 days’ notice by email or in the app. A price change applies from your next billing period after the notice period ends; where Shopify requires you to approve a new price, it applies only once you do.

6. Your data

Your store data, and the data about your customers that flows through ChurnMiser, remains yours. You grant ChurnMiser a limited licence to access, store and process it only to provide, secure and support the Service for you, and as described in our Privacy Policy. For your customers’ personal data you are the controller and ChurnMiser is your processor, acting only on your instructions.

You are responsible for having a lawful basis, and any notices and consents required by law, for the customer data you make available to ChurnMiser. When you uninstall, we delete your store data as described in the Privacy Policy.

7. Messages sent to your customers

When ChurnMiser sends an SMS, email or other message to your customers — through a service you connect, such as Shopify, Twilio, Klaviyo or Mailchimp, or through our own infrastructure — it does so on your instruction and in your name. You are the sender of every such message. You are responsible for complying with every law that applies to it, including the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and messaging laws, and their equivalents outside the United States. In particular, you must:

• obtain and keep records of any consent the law requires before a customer is messaged;
• honour opt-outs and unsubscribe requests promptly, including those received outside ChurnMiser;
• respect quiet hours and any other limits on when and how often customers may be contacted;
• make sure the content of each message, including any offer, is accurate and lawful.

ChurnMiser provides tools that help, such as suppression lists, STOP and unsubscribe handling and send-time limits. They are aids, not a guarantee of compliance, and they do not shift your responsibility to us.

8. Discount codes and offers

Discount codes and offers that ChurnMiser creates are created in your Shopify store, under the settings you choose. They are your offers: you are responsible for honouring them and for their cost, and for setting limits on value, eligibility and expiry that suit your business.

9. Acceptable use

You must not, and must not let anyone else:

• use the Service to send spam or messages to people who have not consented where consent is required;
• use the Service for anything unlawful, deceptive or harmful, or to infringe anyone’s rights;
• submit a website to our free tools that you do not own or are not authorized to analyze;
• probe, scan or test the Service’s security, or bypass any usage limit or access control;
• copy, reverse engineer, resell or build a competing product from the Service;
• interfere with the Service or place an unreasonable load on it, including by automated scraping.

10. Our intellectual property; feedback

ChurnMiser and its software, models, designs and content belong to us or our licensors. These terms give you a limited, non-exclusive, non-transferable right to use the Service while you comply with them; they transfer no ownership. Campaign content generated for your store is yours to use. If you send us suggestions or feedback, we may use them without any obligation to you.

11. Third-party services

The Service relies on and connects to services we do not control, including Shopify, Amazon Web Services, and the messaging, email and advertising platforms you choose to connect. Your use of those services is governed by their own terms, and we are not responsible for their availability, their acts or their omissions.

12. Suspension and termination

You may stop using ChurnMiser at any time by uninstalling it. We may suspend or end your access, with notice where reasonably possible, if you breach these terms, if your use creates a legal, security or deliverability risk for us or others, or if Shopify ends your access to the app. Sections 3, 5 (for amounts already due), 6, 7, 10 and 13 to 18 survive termination.

13. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, ChurnMiser disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement, and does not warrant that the Service will be uninterrupted, error-free or secure against every threat.

14. Limitation of liability

To the fullest extent permitted by law: (a) neither you nor ChurnMiser is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused; and (b) ChurnMiser’s total liability arising out of or relating to the Service or these terms is limited to the fees you paid to ChurnMiser for the Service in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations or to your obligations under §15.

15. Your indemnity

You will defend and indemnify ChurnMiser and its members, officers and contractors against any third-party claim, regulatory action, fine, loss or cost (including reasonable legal fees) arising from: the messages sent to your customers through the Service (§7); your offers and discount codes (§8); the data you make available to the Service (§6); or your breach of these terms or of the law.

16. Governing law and disputes

These terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. Any such dispute must be brought exclusively in the state courts located in Henrico County or the City of Richmond, Virginia, or the United States District Court for the Eastern District of Virginia, Richmond Division, and you and ChurnMiser each consent to the personal jurisdiction of those courts.

17. Changes to these terms

We may update these terms. When a change is material, we will notify merchants by email or in the app at least 30 days before it takes effect. Continuing to use the Service after the effective date is acceptance of the updated terms; if you do not accept them, uninstall ChurnMiser before that date.

18. General

These terms, together with the Privacy Policy and, for partner agencies, the Agency Partner Terms, are the entire agreement between you and ChurnMiser about the Service. If any provision is found unenforceable, the rest remain in effect. Failing to enforce a provision is not a waiver of it. You may not assign these terms without our written consent; we may assign them to a successor in a merger, acquisition or sale of our business. Neither of us is liable for delay or failure caused by events beyond our reasonable control. We may send notices to the email address associated with your store or in the app; you may send notices to the contact details below.

Contact

Questions about these terms: support@churnmiser.com, or write to us at: