# Terms of Service

Last Updated: June 5, 2026

These Terms of Service ("Terms") govern your access to and use of the websites, applications, software, services, and related offerings provided by Absolutely App LLC ("Absolutely", "Company", "we", "us", or "our"), including the Absolutely Shopify application and related experimentation, analytics, and optimization services (collectively, the "Services").

By installing, accessing, or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or organization, you represent that you have authority to bind that entity.

You must be at least 18 years old to use the Services.

## 1. Accounts

### 1.1 Account Registration

To use the Services, you may be required to create an account and provide accurate and complete information. You agree to keep your account information current and accurate at all times.

### 1.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account.

## 2. Subscription Plans and Billing

### 2.1 Paid Services

Absolutely offers paid subscription plans, including monthly and annual billing options.

By subscribing, you authorize us to charge the payment method associated with your account for all applicable fees.

### 2.2 Renewals

Subscriptions automatically renew unless canceled before the next billing date.

### 2.3 Cancellation

You may cancel your subscription at any time through Shopify or your account settings. Cancellation prevents future billing but does not automatically entitle you to a refund.

### 2.4 Refunds

Refund requests are reviewed on a case-by-case basis. Any refund, credit, or compensation is granted solely at the discretion of Absolutely.

## 3. License to Use the Services

Subject to these Terms, Absolutely grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

No ownership rights are transferred to you.

## 4. Acceptable Use

You agree not to:

- Violate any applicable law or regulation.
- Reverse engineer, decompile, disassemble, or attempt to discover source code.
- Copy, reproduce, modify, or create derivative works of the Services.
- Build or assist in building a competing product using information obtained from the Services.
- Circumvent security features or access controls.
- Interfere with the operation of the Services.
- Upload malicious code, viruses, or harmful software.
- Use automated systems to scrape or extract data from the Services without authorization.
- Use the Services in a manner that could damage, disable, or impair our systems.

## 5. Shopify Integration

The Services integrate with Shopify and may access data made available through Shopify APIs and permissions granted by merchants.

You acknowledge that your use of Shopify remains subject to Shopify's own terms, policies, and agreements.

Absolutely is not responsible for Shopify platform outages, API limitations, changes, or interruptions.

## 6. Merchant Data

You retain ownership of your store data.

You grant Absolutely a limited right to process, analyze, store, and use such data as necessary to provide the Services.

Absolutely may use aggregated, anonymized, and de-identified data to improve the Services, develop benchmarks, conduct research, and create industry insights.

## 7. Intellectual Property

The Services, software, trademarks, branding, content, algorithms, reports, designs, and underlying technology are owned by Absolutely or its licensors and are protected by intellectual property laws.

Except for the limited license granted under these Terms, no rights are granted to you.

## 8. Feedback

If you provide feedback, ideas, suggestions, or recommendations regarding the Services, you grant Absolutely a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate such feedback without restriction or compensation.

## 9. Service Availability

We use commercially reasonable efforts to maintain the availability of the Services.

However, the Services are provided on an "as available" basis. We do not guarantee uninterrupted availability, error-free operation, or specific performance outcomes.

Any service credits, refunds, or compensation related to outages or technical issues may be granted at our sole discretion.

## 10. Suspension and Termination

We may suspend or terminate access to the Services immediately, with or without notice, if:

- You violate these Terms.
- You engage in fraud, abuse, or unlawful conduct.
- You attempt to reverse engineer or misuse the Services.
- Your use creates risk, liability, or harm to Absolutely, other merchants, or third parties.

Upon termination, your right to use the Services immediately ends.

## 11. Third-Party Services

The Services may contain links to or integrations with third-party products and services.

Absolutely is not responsible for third-party content, products, services, policies, or practices.

## 12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSOLUTELY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

WE DO NOT GUARANTEE THAT ANY TEST, EXPERIMENT, RECOMMENDATION, OR ANALYSIS WILL IMPROVE BUSINESS RESULTS OR GENERATE SPECIFIC REVENUE OUTCOMES.

## 13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSOLUTELY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

ABSOLUTELY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) FIFTY U.S. DOLLARS (USD $50); OR

(B) THE FEES PAID BY YOU TO ABSOLUTELY DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

## 14. Indemnification

You agree to defend, indemnify, and hold harmless Absolutely, its officers, employees, contractors, affiliates, and agents from any claims, liabilities, damages, losses, and expenses arising from:

- Your use of the Services;
- Your violation of these Terms;
- Your violation of applicable laws;
- Any content, data, or materials provided by you.

## 15. Governing Law

These Terms shall be governed by and construed under the laws of the State of Delaware, without regard to conflict of law principles.

## 16. Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration on an individual basis.

You waive any right to participate in a class action, class arbitration, or representative proceeding.

Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

## 17. Changes to These Terms

We may update these Terms from time to time.

Continued use of the Services following any update constitutes acceptance of the revised Terms.

## 18. Contact Information

Absolutely App LLC

8 The Green, Ste R

Dover, Delaware 19901

United States

support@absolutelyapp.com