Terms of Service
Last updated: 14 May 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Neon Platypus, a sole trader registered in England and Wales ("Neon Platypus", "Company", "we", "us", "our"). By accessing or using ShopMage AI, any associated APIs, websites, documentation, or services (collectively, the "Service"), you agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Service.
1. Definitions
- "Service" means ShopMage AI, including the WordPress plugin, proxy API, admin panel, documentation, and all related infrastructure operated by Neon Platypus.
- "Customer Content" means any data, text, images, product information, or other materials you submit to, upload to, or process through the Service.
- "Generated Output" means any content, text, images, or other materials produced by the Service's AI processing of Customer Content.
- "Credits" means the usage units allocated to your account for consuming Service features.
- "Plan" means the subscription tier you are enrolled in (Free, Starter, Pro, or Agency).
2. Eligibility and Account
You must be at least 18 years old and have the legal capacity to enter into binding contracts. By registering, you represent that all information provided is accurate and complete. You are solely responsible for maintaining the confidentiality of your license key and for all activity under your account.
We reserve the right to refuse service to anyone, for any reason, at any time, without notice or explanation.
3. Service Description
ShopMage AI is an AI-powered product optimization tool for WooCommerce stores. Features may include text generation, image upscaling, background removal, image-to-image generation, alt-text creation, review response generation, and SEO analysis. The specific features available depend on your Plan.
The Service is provided on an "as available" basis. We make no guarantees regarding uptime, availability, speed, accuracy, or the quality of AI-generated outputs.
4. Plans, Credits, and Billing
4.1 Subscription Plans
Paid Plans are billed in advance on a recurring basis (monthly or annually) via Stripe. By subscribing, you authorise us to charge your payment method at the applicable rate for each billing cycle until you cancel.
4.2 Credit Allocation and Adjustments
Each Plan includes a monthly credit allocation. Credits reset at the start of each billing cycle and do not roll over. We reserve the right to modify, adjust, reduce, or revoke credit allocations at any time, for any reason, including but not limited to:
- Suspected or confirmed abuse, fraud, or manipulation of the Service;
- Violation of these Terms or the Acceptable Use Policy;
- Changes to our cost structure, supplier pricing, or business model;
- Rebalancing of plans to ensure fair resource distribution;
- Any other reason at our sole discretion.
No credit adjustment shall entitle you to any refund, credit, or compensation.
4.3 Free Tier
The Free tier is provided at our sole discretion. We may modify, limit, suspend, or discontinue the Free tier (or any features within it) at any time without prior notice. Free-tier users have no entitlement to continued access or any specific feature set.
4.4 Overage Charges
If your Plan permits overage usage, additional charges apply per the rates published on our pricing page. By enabling overage, you authorise us to charge your payment method for usage exceeding your included credits.
4.5 Price Changes
We may change pricing at any time. For existing subscribers, price changes take effect at the next billing cycle following 14 days' notice (via email or in-product notification). Continued use after a price change constitutes acceptance.
5. Cancellation and Termination
5.1 Cancellation by You
You may cancel your subscription at any time via the Stripe Customer Portal. Cancellation takes effect at the end of the current billing period. You retain access to paid features until then. No partial refunds are issued for unused time within a billing period.
5.2 Annual Subscriptions
Annual subscriptions are non-refundable after 30 days from the start of the annual term. Early cancellation does not entitle you to a pro-rated refund beyond the 30-day window. Access continues until the end of the paid annual term.
5.3 Termination by Us
We may suspend or terminate your account immediately, without notice, for any reason, including but not limited to:
- Breach of these Terms or the Acceptable Use Policy;
- Suspected fraud, abuse, or manipulation;
- Non-payment or chargebacks;
- At our sole discretion for any business reason.
Upon termination, all licenses granted to you cease immediately. We are not obligated to provide notice, explanation, or an opportunity to cure. No refunds are issued upon termination for cause.
5.4 Effect of Termination
Upon termination or cancellation, we may delete your account data, configuration, and any associated content within 30 days. We have no obligation to retain, export, or return any data.
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including all software, algorithms, models, APIs, documentation, branding, UI/UX design, and underlying technology, is and remains the exclusive property of Neon Platypus. Nothing in these Terms transfers any intellectual property rights to you. All rights not expressly granted are reserved.
6.2 Your Content
You retain ownership of Customer Content that you submit to the Service. However, by using the Service, you grant Neon Platypus a worldwide, royalty-free, non-exclusive, transferable, sublicensable licence to use, reproduce, modify, adapt, process, and display Customer Content solely for the purposes of operating, maintaining, improving, and developing the Service (including training and improving our systems).
6.3 Generated Output
Subject to your compliance with these Terms and continued payment, you receive a non-exclusive, non-transferable licence to use Generated Output for your business purposes. We make no representation or warranty that Generated Output is original, non-infringing, accurate, or fit for any purpose. You are solely responsible for reviewing and verifying all Generated Output before use.
We retain all rights in and to the models, algorithms, and processes used to create Generated Output. We may use aggregated, anonymised patterns from Generated Output to improve the Service.
6.4 Feedback
Any feedback, suggestions, ideas, or improvements you provide regarding the Service become our sole and exclusive property. You irrevocably assign all right, title, and interest in such feedback to Neon Platypus, without any obligation of compensation, attribution, or accounting.
7. Data and Privacy
Our collection and use of personal data is described in our Privacy Policy. By using the Service, you acknowledge and agree to our data practices as described therein.
You are solely responsible for ensuring that your use of the Service complies with all applicable data protection laws regarding your customers' data that you process through the Service. We act as a data processor with respect to personal data you submit; you remain the data controller.
8. Third-Party Services
The Service relies on third-party providers for AI processing, payment processing, and infrastructure. We may change providers at our discretion. We are not responsible for any acts, omissions, outages, or data handling practices of third-party providers. Your use of the Service constitutes acceptance of the applicable terms of these third-party services to the extent they affect your use.
9. Prohibited Conduct
You agree not to, and not to permit any third party to:
- Reverse engineer, decompile, disassemble, or derive source code from the Service;
- Use the Service to generate content that is illegal, harmful, defamatory, obscene, or infringes third-party rights;
- Circumvent or attempt to circumvent any usage limits, rate limits, or access controls;
- Share, resell, sublicense, or redistribute access to the Service or your license key;
- Use automated means (bots, scrapers) to access the Service beyond normal plugin operation;
- Interfere with, disrupt, or place an unreasonable burden on the Service infrastructure;
- Use the Service to compete with or benchmark against Neon Platypus;
- Misrepresent your identity or affiliation;
- Use credits allocated to one site across multiple sites;
- Create multiple accounts to exploit free-tier allocations.
See our Acceptable Use Policy for additional restrictions.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
Without limiting the foregoing, we do not warrant that:
- The Service will be uninterrupted, error-free, or secure;
- AI-generated content will be accurate, original, or free from errors;
- The Service will meet your specific requirements or expectations;
- Any defects will be corrected;
- The Service will be compatible with any particular software, hardware, or system.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEON PLATYPUS, ITS OWNER, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY POUNDS STERLING (£50).
These limitations apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Neon Platypus, its owner, affiliates, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Service;
- Your Customer Content or your use of Generated Output;
- Your violation of these Terms;
- Your violation of any applicable law or third-party rights;
- Any dispute between you and your customers arising from your use of the Service.
13. Service Modifications
We reserve the right to modify, update, suspend, or discontinue any part of the Service (including features, APIs, credit allocations, plan structures, and pricing) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
14. Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, riots, government actions, power failures, internet disruptions, third-party service outages, cyberattacks, or labour disputes.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Before initiating any legal proceedings, you agree to first contact us at support@neonplatypus.dev and attempt to resolve the dispute informally for at least 30 days.
16. Changes to Terms
We may update these Terms at any time by posting the revised version on this page. Material changes will be communicated via email or in-product notice at least 14 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you disagree, your sole remedy is to cancel your subscription and stop using the Service.
17. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and Refund Policy, constitute the entire agreement between you and Neon Platypus regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
- Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
- Assignment: We may assign or transfer these Terms (and any rights and obligations hereunder) without your consent. You may not assign these Terms without our prior written consent.
- No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
- Survival: Sections 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law) survive termination.
- Notices: Notices to you may be sent to the email associated with your account. Notices to us must be sent to support@neonplatypus.dev.
18. Contact
If you have questions about these Terms, contact us at:
Neon Platypus
Email: support@neonplatypus.dev