Terms of Service

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

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:

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:

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:

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:

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:

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

18. Contact

If you have questions about these Terms, contact us at:

Neon Platypus
Email: support@neonplatypus.dev