Terms of Service

1. Agreement to Terms

1.1 Acceptance

By creating an account, installing Attend from the Shopify App Store, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.

1.2 Modifications

We reserve the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Agreement. If you do not agree to the modified terms, you must stop using the Service and uninstall the application.

1.3 Additional Terms

Certain features of the Service may be subject to additional terms and conditions, which will be presented to you when you access those features. Such additional terms are incorporated into this Agreement by reference.

2. Description of Service

2.1 Service Overview

Attend is an AI-powered customer support chatbot designed for Shopify merchants. The Service enables automated customer interactions through a chat widget embedded on your Shopify store, providing responses to customer inquiries based on your store's policies, product information, and order data.

2.2 Service Features

Depending on your subscription plan, the Service may include:

• AI-powered responses to customer inquiries
• Order status lookup and tracking information
• Product search and recommendations
• Multi-language support
• Escalation to human support
• Order modifications (cancellation, address changes)
• Refund processing
• Analytics and conversation history

2.3 Service Availability

We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned maintenance, emergency maintenance, events beyond our reasonable control, and interruptions caused by third-party services, including Shopify and AI providers.

We do not guarantee any specific uptime or availability and do not offer service level agreements with service credits.

3. Account Registration

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Operate a valid Shopify store
• Not be prohibited from using the Service under applicable laws

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You must notify us immediately at hello@tryattend.com if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Fees and Payment

4.1 Subscription Plans

The Service is offered through tiered subscription plans with varying features and usage limits. Current pricing and plan details are available on our website and within the Shopify App Store listing.

4.2 Billing

All fees are billed through Shopify's billing system in accordance with Shopify's terms and your Shopify subscription. By subscribing to a paid plan, you authorize Shopify to charge the applicable fees to your designated payment method.

4.3 Plan Limits

Each subscription plan includes limits on the number of conversations per billing period. If you exceed your plan's conversation limit, additional conversations may be restricted until the next billing period or until you upgrade to a higher-tier plan.

4.4 Free Trial

We may offer a free trial period for new customers. During the trial, you will have access to certain features as specified. At the end of the trial period, you must select a paid plan to continue using the Service. If you do not select a plan, your access to the Service will be suspended.

4.5 Refunds

All fees are non-refundable except as required by applicable law or as expressly stated in this Agreement. If we terminate your account for reasons other than your breach of this Agreement, we will refund any prepaid fees for the unused portion of your subscription.

4.6 Price Changes

We reserve the right to change our pricing at any time. Price changes will take effect at the start of your next billing cycle following notice of the change. Your continued use of the Service after a price change constitutes your acceptance of the new pricing.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with this Agreement. You agree to use the Service only to provide customer support for your legitimate Shopify store operations.

5.2 Prohibited Conduct

You agree not to:

a) Illegal Activities

• Use the Service for any illegal purpose or in violation of any applicable laws or regulations
• Facilitate transactions involving illegal products or services
• Violate export control laws or sanctions

b) Harmful Content

• Transmit content that is defamatory, obscene, threatening, abusive, or hateful
• Distribute malware, viruses, or other harmful code
• Engage in phishing, fraud, or deceptive practices

c) Abuse of Service

• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Circumvent any technical limitations or security measures
• Use automated means to access the Service in a manner that exceeds reasonable request volumes
• Reverse engineer, decompile, or disassemble the Service

d) Misrepresentation

• Impersonate any person or entity
• Falsely claim affiliation with any person or entity
• Misrepresent the nature of the AI or claim AI responses are from human agents without disclosure

e) Data Misuse

• Collect personal information of end-users without proper consent and legal basis
• Use customer data for purposes other than providing customer support
• Share customer data with third parties without proper authorization

5.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

6. AI Features and Limitations

6.1 Nature of AI

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES, WHICH INVOLVE PROBABILISTIC PROCESSING. THE AI MAY PRODUCE OUTPUTS THAT ARE INACCURATE, INCOMPLETE, OR INAPPROPRIATE.

6.2 No Guarantee of Accuracy

We do not warrant or guarantee the accuracy, reliability, completeness, or usefulness of any AI-generated responses. The AI is designed to assist with customer support but may:

• Misunderstand customer inquiries
• Provide incorrect information about products, orders, or policies
• Fail to recognize when escalation to human support is appropriate
• Generate responses that do not reflect your brand voice or policies

6.3 Customer Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Reviewing and configuring the AI's behavior and responses
• Providing accurate store policies, product information, and FAQ content
• Monitoring AI interactions for quality and accuracy
• Correcting any errors or misinformation communicated to your customers
• Determining whether AI automation is appropriate for your business and customers

6.4 Human Oversight

We strongly recommend that you:

• Regularly review conversation transcripts
• Maintain human support availability for complex issues
• Configure appropriate escalation triggers
• Set reasonable limits on automated actions (refunds, cancellations)

6.5 AI-Initiated Actions

If your subscription plan includes AI-initiated actions (order cancellation, address modification, refund processing):

a) Customer Configuration

You are responsible for configuring action limits, approval thresholds, and enabling or disabling specific actions.

b) Customer Responsibility

YOU ACCEPT FULL RESPONSIBILITY FOR ANY ACTIONS TAKEN BY THE AI ON YOUR BEHALF, INCLUDING BUT NOT LIMITED TO ORDER CANCELLATIONS, SHIPPING ADDRESS CHANGES, AND REFUNDS. This includes any downstream effects, financial losses, or customer disputes arising from AI-initiated actions.

c) Verification

The AI is programmed to verify customer identity before taking actions, but verification is not infallible. You acknowledge that fraudulent or mistaken actions may occur.

d) No Liability

We are not liable for any damages, losses, or disputes arising from AI-initiated actions, even if such actions result from AI errors, security vulnerabilities, or system malfunctions.

6.6 Prohibited High-Risk Uses

You agree not to use the Service for:

• Medical, legal, or financial advice without appropriate professional oversight
• Decisions that have significant legal effects on individuals
• Uses that would require compliance with HIPAA, PCI-DSS, or similar regulations unless we explicitly support such compliance
• Critical safety systems or emergency response

6.7 AI Sub-Processors

The Service uses third-party AI providers, currently including Anthropic (Claude). These providers process customer conversation data to generate responses, do not use your data to train their AI models, and are bound by data processing agreements.

We may change AI providers at our discretion. A current list of sub-processors is available in our Privacy Policy.

6.8 Transparency

You agree to inform your customers that they may be interacting with an AI system when using the chat widget. You must not represent AI-generated responses as coming from human agents without appropriate disclosure.

7. Customer Data

7.1 Definitions

"Customer Data" means all data, including personal information, that you or your end-users submit to the Service, including conversation content, order information, and store configuration.

"End-User Data" means personal information of your customers that is processed through the Service.

7.2 Ownership

As between you and Attend, you retain all rights to your Customer Data. We claim no ownership over your data.

7.3 License to Attend

You grant us a limited, non-exclusive, worldwide license to use, process, store, and transmit Customer Data solely to provide and maintain the Service, improve and develop the Service, generate aggregated anonymized analytics, and comply with legal obligations.

7.4 Data Processing

We process Customer Data as a "data processor" (under GDPR) or "service provider" (under CCPA) on your behalf. You remain the "data controller" or "business" responsible for obtaining necessary consents from end-users, providing required privacy disclosures, responding to data subject requests, and ensuring lawful basis for processing.

7.5 Data Security

We implement and maintain reasonable administrative, technical, and physical safeguards to protect Customer Data, including encryption in transit (TLS 1.2+) and at rest (AES-256), access controls and authentication, regular security assessments, and incident response procedures.

7.6 Data Processing Agreement

If required under applicable data protection laws, we will enter into a Data Processing Agreement ("DPA") with you. Our standard DPA is available upon request at hello@tryattend.com.

7.7 Data Retention

We retain Customer Data for the duration of your subscription and for a period of 60 days following termination or account deletion to allow for data export. After this period, Customer Data will be deleted in accordance with our data retention policies, except as required to comply with legal obligations.

7.8 Data Export

You may export your conversation data at any time through the Service dashboard. Upon termination, you will have 60 days to export your data before deletion.

8. Intellectual Property

8.1 Attend's Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, documentation, and other materials, is owned by Attend or our licensors and is protected by intellectual property laws. Except for the limited license granted herein, we reserve all rights.

8.2 License to Use Service

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Sublicense, sell, resell, or transfer the Service
• Use the Service to develop a competing product
• Remove any proprietary notices from the Service

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose without obligation to you.

8.5 Trademarks

"Attend" and related logos are trademarks of Web Development Solutions LLC. You may not use our trademarks without prior written consent.

9. Third-Party Services

9.1 Shopify

The Service is designed to integrate with Shopify. Your use of Shopify is governed by Shopify's terms of service. We are not responsible for Shopify's availability, functionality, or changes to their platform that may affect the Service.

9.2 AI Providers

We use third-party AI providers to power the Service. These providers have their own terms and privacy policies. We are not responsible for the performance, availability, or actions of these providers.

9.3 Payment Processing

Payment processing is handled by Shopify Payments or your designated payment processor. We are not responsible for payment processing errors, chargebacks, or disputes.

9.4 Third-Party Disclaimer

WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDERS. YOU ACKNOWLEDGE THAT THE FEES PAYABLE FOR THE SERVICE REFLECT THE FACT THAT WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING ANY THIRD-PARTY SERVICES OR INTEGRATIONS

YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE WITH YOUR SYSTEMS OR THAT ANY ERRORS WILL BE CORRECTED.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATTEND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM AI-GENERATED CONTENT OR AI-INITIATED ACTIONS
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR INTEGRATIONS

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:

(A) ONE HUNDRED U.S. DOLLARS ($100), OR

(B) THE TOTAL FEES PAID BY YOU TO ATTEND DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11.4 Basis of the Bargain

You acknowledge that the fees reflect the allocation of risk set forth in this Agreement and that we would not enter into this Agreement without these limitations.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Attend, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your breach of this Agreement
• Your violation of any applicable law or regulation
• Your Customer Data or end-user data
• Claims by your customers or end-users related to the Service
• AI-initiated actions performed on your account
• Your failure to obtain necessary consents or provide required disclosures
• Any dispute between you and your customers

12.2 Indemnification Procedure

We will notify you of any claim subject to indemnification. You will have sole control of the defense and settlement, provided that you may not settle any claim that imposes obligations on us without our prior written consent. We may participate in the defense at our own expense.

13. Termination

13.1 Termination by You

You may terminate this Agreement at any time by:

• Uninstalling the Attend app from your Shopify store
• Canceling your subscription through the Shopify admin
• Contacting us at hello@tryattend.com

13.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, if you breach any provision of this Agreement, fail to pay any fees when due, we are required to do so by law, or we cease offering the Service.

We may also terminate your account for convenience with 30 days' prior notice.

13.3 Effect of Termination

Upon termination:

• Your license to use the Service terminates immediately
• You remain liable for any fees incurred prior to termination
• We will retain your Customer Data for 60 days to allow for export
• After 60 days, your Customer Data will be deleted except as required by law
• Sections that by their nature should survive termination will survive, including: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Dispute Resolution

13.4 Shopify Compliance

In accordance with Shopify's requirements, upon uninstallation of the app, we will delete all end-user personal data within 48 hours, except as required for legitimate business purposes (e.g., fraud prevention, legal compliance) or as permitted by applicable law.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at hello@tryattend.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that either party may seek injunctive relief in court to prevent irreparable harm.

Arbitration Rules: Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, or by another mutually agreed arbitration provider.

Location: Arbitration will take place in Los Angeles County, California, or another mutually agreed location. For claims under $10,000, arbitration may be conducted entirely online or by phone.

Arbitrator Authority: The arbitrator will have exclusive authority to resolve all disputes and may award any relief available in court, except that the arbitrator may not award relief to anyone who is not a party to this Agreement.

Costs: Each party will bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous, in which case the losing party will pay the prevailing party's reasonable fees.

14.3 Class Action Waiver

YOU AND ATTEND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

14.4 Opt-Out

You may opt out of binding arbitration and the class action waiver by sending written notice to hello@tryattend.com within 30 days of first accepting this Agreement. Your notice must include your name, Shopify store URL, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the courts specified in Section 14.5.

14.5 Governing Law and Venue

This Agreement is governed by the laws of the State of California, without regard to conflict of law principles. If arbitration does not apply (due to opt-out or inapplicability), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

14.6 Time Limitation

Any claim arising out of or related to this Agreement must be filed within one (1) year after the claim arose, or it is permanently barred.

15. General Provisions

15.1 Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms, constitutes the entire agreement between you and Attend regarding the Service and supersedes all prior agreements and understandings.

15.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

15.5 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to hello@tryattend.com. Notices are deemed received when sent (for email) or when delivered (for other methods).

15.6 Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or third-party service outages.

15.7 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

15.8 Headings

Section headings are for convenience only and do not affect the interpretation of this Agreement.

16. Contact Information

If you have questions about this Agreement, please contact us:

Web Development Solutions LLC
DBA Attend

Email: hello@tryattend.com
Website: https://tryattend.com