Updated 10/30/23

Terms and Conditions

These terms & conditions (the “Agreement”) cover the use of ChatKPI App and related services. You accept this Agreement by installing the ChatKPI App, using the ChatKPI App or related services, or by continuing to use ChatKPI App or related services after being notified about changes to this Agreement.

Definitions

FlipLabs, LLC: Company incorporated under the laws of the State of Delaware, with all its employees, Subcontractors, and Subprocessors.

ChatKPI: The ChatKPI App with its related websites and services, owned by FlipLabs, LLC.
The App: The ChatKPI App on the Shopify App Store.
App User: The individual who uses the app while it is installed on their Shopify store.
Collaborator: Any service provider or a 3rd party.
Shopify: E-commerce platform for online stores, available on www.shopify.com.
Shopify T&C: Shopify AppStore Terms & Conditions.
Services - Any services provided by ChatKPI including an active installation of The Application with an App User’s Shopify Store.

FlipLabs, LLC: Company incorporated under the laws of the State of Delaware, with all its employees, Subcontractors, and Subprocessors.

ChatKPI: The ChatKPI App with its related websites and services, owned by FlipLabs, LLC.
The App: The ChatKPI App on the Shopify App Store.
App User: The individual who uses the app while it is installed on their Shopify store.
Collaborator: Any service provider or a 3rd party.
Shopify: E-commerce platform for online stores, available on www.shopify.com.
Shopify T&C: Shopify AppStore Terms & Conditions.
Services - Any services provided by ChatKPI including an active installation of The Application with an App User’s Shopify Store.

Scope of the Agreement

The App is developed and published on the Shopify App Store according to the Shopify T&C. Installing or using the app and its related services bind the App User to the Shopify T&C. Should there be any discrepancy between this Agreement and the Shopify T&C, the Shopify T&C will prevail.

In the context of the Shopify T&C, The App is acknowledged as the “Third Party Service”.

License to Use

App User is awarded a non-exclusive, non-transferable, non-sublicensable, non-sharable, revocable, limited license to utilize The App exclusively for personal and commercial objectives in line with this Agreement and the Shopify T&C.

Prohibited Conduct

You commit to operating the app within your legal rights, permissions, and guidelines. You pledge not to use the app for any illicit or unauthorized activities. You promise to uphold data protection, privacy, and security during your use of the app and when handling data.

While engaging with The App or any other ChatKPI service, you agree not to:

Use the app without consent or against the directives of the Shopify store administrator where the app is integrated;
Tamper with, adjust, or create any derivative content of the App, reverse engineer, decompile, decode, disassemble, or attempt to source any code from the App, or alter or delete any copyright, trademark, or other proprietary markings within the App;
Bombard the system with data that isn’t essential for Shopify;
Engage in discourteous or inappropriate communication with ChatKPI representatives;
Solicit tasks from ChatKPI that fall outside the range of offered services;
Inquire about other App Users or stores;
Demand modifications to The App or other ChatKPI services instead of proposing enhancements. ChatKPI actively values customer feedback based on subscription tier, an essential part of the ChatKPI offering.

While engaging with The App or any other ChatKPI service, you agree not to:

Use the app without consent or against the directives of the Shopify store administrator where the app is integrated;
Tamper with, adjust, or create any derivative content of the App, reverse engineer, decompile, decode, disassemble, or attempt to source any code from the App, or alter or delete any copyright, trademark, or other proprietary markings within the App;
Bombard the system with data that isn’t essential for Shopify;
Engage in discourteous or inappropriate communication with ChatKPI representatives;
Solicit tasks from ChatKPI that fall outside the range of offered services;
Inquire about other App Users or stores;
Demand modifications to The App or other ChatKPI services instead of proposing enhancements. ChatKPI actively values customer feedback based on subscription tier, an essential part of the ChatKPI offering.

Privacy and Rights to Use the Data

For ChatKPI to operate as intended, it necessitates storing and processing of personal information and Shopify store details. This encompasses information about the Shopify store, the Shopify store user who employs The App, and the data uploaded or exported via The App.

By utilizing The App, the App User recognizes that for the delivery of ChatKPI service, personal data must be managed. This data might be processed by The App or by a member of the ChatKPI team as part of service delivery. The App User has the duty to secure any necessary consents from Data Subjects or other entities for the processing of its data by using ChatKPI service. The App User must notify its data subjects (like staff, representatives) that ChatKPI will handle their personal data, directing them to ChatKPI’s “Privacy Notice”.

Specific details on stored and handled data, as well as the resources used, are elaborated in the Privacy Notice.

ChatKPI is currently only available to customers that have a US based phone number. All users with non-US phone numbers will not be allowed to communicate with The App at this time. This may change in the future as we roll out future App features. For any questions regarding this please contact support@chatkpi.co.

Specific details on stored and handled data, as well as the resources used, are elaborated in the Privacy Notice.

Warranty and Liability Limitation

ChatKPI service is presented "as-is" and "as-available". Although the ChatKPI team comprises experts, risks associated with software flaws, infrastructure issues, security breaches, or human oversights which could lead to undesired outcomes must be acknowledged.

You accept the responsibility to evaluate and address potential risks that may result in damage or losses from using The App. ChatKPI Support can guide you in identifying and handling these risks.
Under all circumstances, you exempt ChatKPI, FlipLabs, LLC and its staff, Subcontractors, and Associates from any liabilities stemming from the use of any ChatKPI services (like unintended modifications due to careless data analysis).
ChatKPI does not guarantee a particular service level or results.
FlipLabs, LLC liability to provide The App per this Agreement is confined to direct damages and is capped at the current Plan's one-month fee, excluding any indirect or consequential losses.
Concerns regarding unexpected functionality or app issues must be promptly reported to ChatKPI Support, no later than a month after the incident. FlipLabs, LLC will not be responsible for issues not promptly reported to ChatKPI Support.

You accept the responsibility to evaluate and address potential risks that may result in damage or losses from using The App. ChatKPI Support can guide you in identifying and handling these risks.
Under all circumstances, you exempt ChatKPI, FlipLabs, LLC and its staff, Subcontractors, and Associates from any liabilities stemming from the use of any ChatKPI services (like unintended modifications due to careless data analysis).
ChatKPI does not guarantee a particular service level or results.
FlipLabs, LLC liability to provide The App per this Agreement is confined to direct damages and is capped at the current Plan's one-month fee, excluding any indirect or consequential losses.
Concerns regarding unexpected functionality or app issues must be promptly reported to ChatKPI Support, no later than a month after the incident. FlipLabs, LLC will not be responsible for issues not promptly reported to ChatKPI Support.

Indemnity

By employing The App, you indemnify and hold harmless FlipLabs, LLC’s owners, directors, officers, staff, Subcontractors, and Partners from any legal repercussions or claims resulting from your actions.

Moreover, you agree to compensate FlipLabs, LLC for any legal action, investigation, or expenses against FlipLabs, LLC or its stakeholders that arise due to a breach of this Agreement on your part.

Pricing Structure

The beta version of ChatKPI is currently provided to you free of charge. We reserve the right, however, to charge fees for your future use or continued use of ChatKPI after the beta period, which may be based on a monthly subscription basis with distinct tiers or plans.

For a comprehensive breakdown of each plan's features and capabilities, please refer to the ChatKPI Pricing page.

The ChatKPI Customer Support and consultations are provided at no cost, irrespective of the plan you select.

When pricing tiers are launched, users can either upgrade or downgrade their app plan whenever they want. If you decide to upgrade, Shopify's billing will adjust your monthly fee based on the number of days utilized in each specific plan. This ensures that your monthly expense for the app doesn't surpass the highest plan you've opted for in that specific billing month.

For a comprehensive breakdown of each plan's features and capabilities, please refer to the ChatKPI Pricing page.

The ChatKPI Customer Support and consultations are provided at no cost, irrespective of the plan you select.

Feedback and Requests

Should you provide feedback or requests to ChatKPI for additional data or app features, feel free to reach out to support@chatkpi.co. No request is guaranteed and ChatKPI reserves the right to decide which features and/or requests will be added. Any such feature added to the App on your request will not be exclusive and will become accessible to all ChatKPI users after its incorporation into the App.

You acknowledge and agree that all Requests & Feedback will be the sole and exclusive property of FlipLabs, LLC. You hereby irrevocably transfer and assign to FlipLabs, LLC and agree to irrevocably assign and transfer to FlipLabs, LLC all of your right, title, and interest in and to all Feedback & Requests.

Refund Policy

We honor refund requests on a case-by-case basis and are committed to ensuring top-notch service.

Hence, before seeking a refund, we advise engaging with ChatKPI Support for possible resolutions at support@chatkpi.co. The maximum refundable amount is equivalent to the monthly fee of your current Plan and is granted only once for each Shopify Store Owner (as per Shopify's Terms of Service).

Refunds may be declined if the app, under a paid plan, functioned as anticipated.

Our app offers functionalities empowering store owners with versatile analysis. There are multiple strategies to achieve specific outcomes using the app. We are continually evolving The App, therefore if a feature isn’t noticeably available or if The App is not performing as intended, please contact support@chatkpi.co with this feedback or to inquire about a feature.

We honor refund requests on a case-by-case basis and are committed to ensuring top-notch service.

Refunds may be declined if the app, under a paid plan, functioned as anticipated.

Prompts, Outputs, and Materials

Rights to Materials: Our services may allow you to submit text or other materials ("Prompts") to ChatKPI for processing. ChatKPI may generate responses based on your Prompts ("Outputs"). Outputs and Prompts collectively are "Materials." You represent and warrant that you have all rights, and have provided any notices and obtained any consents, that are necessary for us to process any Prompts you submit to ChatKPI in accordance with these Terms. You also represent and warrant that your submission of Prompts to us will not violate these Terms or any laws applicable to those Prompts—including intellectual property laws and any privacy or data protection laws governing personal information contained in your Prompts. Except as expressly provided in these Terms, you retain all right, title, and interest—including any intellectual property rights—that you have in and to your Prompts.

Personal Information: If you submit any personal information to us in connection with your use of ChatKPI, whether as part of your Prompts or otherwise, you acknowledge that our Privacy Policy governs our use and processing of such personal information.
Reliance on Outputs: We make no representations or warranties with respect to the accuracy of any Outputs. You should not rely on any Outputs without independently confirming their accuracy. Outputs may contain material inaccuracies even if they appear accurate because of their level of detail or specificity. ChatKPI and any Outputs may not reflect correct, current, or complete information.
Our Use of Prompts and Outputs: We may use Prompts or Outputs to provide, maintain, and improve ChatKPI and to develop other products and services. At times, we may use Prompts or Outputs to train our models in accordance with our Privacy Policy.

Personal Information: If you submit any personal information to us in connection with your use of ChatKPI, whether as part of your Prompts or otherwise, you acknowledge that our Privacy Policy governs our use and processing of such personal information.
Reliance on Outputs: We make no representations or warranties with respect to the accuracy of any Outputs. You should not rely on any Outputs without independently confirming their accuracy. Outputs may contain material inaccuracies even if they appear accurate because of their level of detail or specificity. ChatKPI and any Outputs may not reflect correct, current, or complete information.
Our Use of Prompts and Outputs: We may use Prompts or Outputs to provide, maintain, and improve ChatKPI and to develop other products and services. At times, we may use Prompts or Outputs to train our models in accordance with our Privacy Policy.

Miscellaneous

Open Beta: Please note that ChatKPI is currently in an open beta phase. This means that while we strive to provide a seamless and bug-free experience, there may be occasional issues or disruptions. We appreciate your patience and understanding during this phase.

Accuracy of Information: While we strive to provide accurate information through ChatKPI, there may be instances where the application generates incorrect or misleading information. FlipLabs, LLC is not responsible for any incorrect or misleading information provided by ChatKPI. However, we welcome and appreciate your feedback on any such instances. Please report any incorrect or misleading information to support@chatkpi.co.
Review of Conversations: To continuously improve ChatKPI and provide a better user experience, we regularly review conversations flagged by our system, timed out queries, or in general. The information gathered from these reviews is used for the purpose of improving our application and is handled in accordance with our Privacy Policy.

Accuracy of Information: While we strive to provide accurate information through ChatKPI, there may be instances where the application generates incorrect or misleading information. FlipLabs, LLC is not responsible for any incorrect or misleading information provided by ChatKPI. However, we welcome and appreciate your feedback on any such instances. Please report any incorrect or misleading information to support@chatkpi.co.
Review of Conversations: To continuously improve ChatKPI and provide a better user experience, we regularly review conversations flagged by our system, timed out queries, or in general. The information gathered from these reviews is used for the purpose of improving our application and is handled in accordance with our Privacy Policy.

ChatKPI Data Processing Addendum

Terms & Definitions

Personal Data: Information used to identify a Data Subject whose data is processed via The App.
Data: Files analyzed or exported using The App, possibly including Personal Data. Data is owned and governed by the App User.
Data Subject Request: Request by the Data Subject to access, delete, object to processing, correct the data, or receive a copy of data.
Data Controller: The App User.
Data Processor: FlipLabs, LLC.
Terms not defined should align in accordance with Shopify Terms and Conditions.

Personal Data: Information used to identify a Data Subject whose data is processed via The App.
Data: Files analyzed or exported using The App, possibly including Personal Data. Data is owned and governed by the App User.
Data Subject Request: Request by the Data Subject to access, delete, object to processing, correct the data, or receive a copy of data.
Data Controller: The App User.
Data Processor: FlipLabs, LLC.
Terms not defined should align in accordance with Shopify Terms and Conditions.

Data Processing

Data is handled by FlipLabs, LLC, inclusive of its staff, Subcontractors, and Subprocessors, while delivering the ChatKPI service as the Data Processor.

Data for the App User is processed automatically via the App, enabling operations like analysis & export, from Shopify as initiated by the App User. This data might encompass Personal Data like customer contacts, order details on Shopify, etc.
When FlipLabs, LLC processes Data as part of the ChatKPI service, it:
- Processes Data to serve the App User based on their explicit instructions.

Data is handled by FlipLabs, LLC, inclusive of its staff, Subcontractors, and Subprocessors, while delivering the ChatKPI service as the Data Processor.

Data for the App User is processed automatically via the App, enabling operations like analysis & export, from Shopify as initiated by the App User. This data might encompass Personal Data like customer contacts, order details on Shopify, etc.
When FlipLabs, LLC processes Data as part of the ChatKPI service, it:
- Processes Data to serve the App User based on their explicit instructions.

Using The App implies that ChatKPI might engage Subprocessors for Data processing.

App Users understand that for ChatKPI services, FlipLabs, LLC will exchange Data with the Shopify platform based on the App User's instruction.

Using The App implies that ChatKPI might engage Subprocessors for Data processing.

App Users understand that for ChatKPI services, FlipLabs, LLC will exchange Data with the Shopify platform based on the App User's instruction.

Termination

Agreement can be terminated by uninstalling the App.

FlipLabs, LLC reserves the right to terminate this Agreement and the App for any specific reasons.

Force Majeure

Neither party is accountable for delays or service failures beyond their control, including natural calamities, wars, equipment failures, etc. The impacted party must inform the other about such circumstances.

Jurisdiction

ChatKPI is a product owned by FlipLabs, LLC, a company registered in the State of Delaware.

Legal address: FlipLabs, LLC, 8 The Green, Suite A, Dover DE, 19901

Contact: support@chatkpi.co

Changes

FlipLabs, LLC reserves the right to periodically revise and refresh these Terms & Conditions with no advanced notice. By continuing to use the Services, The App User agrees to the latest Terms & Conditions available at www.chatkpi.co.