1. Who we are and what these Terms cover
These Terms of Service ("Terms") govern your use of the websites sellena.co and help.sellena.co (the "Site") and of the Sellena AI shopping assistant for Shopify, including the storefront chat widget, the merchant pages inside the Shopify admin, and the infrastructure behind them (the "Service").
The Site and the Service are operated by Individual Entrepreneur Ivan Gubochkin, registered under the laws of Georgia, Identification Number 345814372 ("Sellena", "we", "us"). Our registered address is available on request for legal notices (section 22).
You accept these Terms by using the Site, by installing the Service from the Shopify App Store, or by approving a plan for it in your Shopify admin. If you do so on behalf of a business, you confirm that you are authorised to bind that business, and "you" means that business. If you do not agree, do not use the Site or the Service.
Shoppers. The assistant is provided to merchants. If you are a shopper talking to the assistant in a store, your purchase and your relationship are with that store under its own terms; these Terms bind the merchant, not you.
2. The Service
The Service is an AI shopping assistant that a merchant embeds in its Shopify storefront through a theme app embed. Shoppers describe what they are looking for; the assistant answers from the merchant's own product catalog, suggests products and complete outfits, can show a virtual try-on generated from the merchant's product photos, and adds the chosen items to the Shopify cart. Every order is placed through the merchant's normal Shopify checkout; the Service never takes payment from shoppers.
The Service runs on Shopify's platform and APIs and needs an active Shopify store, the app permissions in section 4, and a plan approved under section 5. If Shopify changes or withdraws an API the Service relies on, we will adapt the Service where we reasonably can.
We keep improving the Service and may add, change or remove features. Where a change materially reduces the core functionality of a paid plan, we give notice in advance where reasonably possible, in the way described in section 18. Features we label as beta or experimental may be changed or withdrawn without notice.
3. Your store and your responsibilities
- You must operate a valid Shopify store and comply with Shopify's own terms; the Service is for business use, and you must be old enough to enter a binding contract.
- You are responsible for the accuracy and legality of the product catalog, prices, images and store data the assistant works from, and for the products you sell.
- You are responsible for all use of the Service under your store's installation, including by your staff, and for keeping your Shopify credentials secure.
- You must give your shoppers the notices and obtain the consents your jurisdiction requires for using a chat assistant, virtual try-on and an AI provider on your storefront, and comply with consumer-protection and advertising law applicable to your store.
4. App permissions
When you install the Service, Shopify asks you to grant it access to your store. We request only the permissions the Service needs: reading and writing products (to index your catalog and keep it in sync), reading and writing orders (to attribute sales the assistant helped create and, on commission plans, bill for them), reading customers (to show the assistant who it is talking to, described in the app privacy policy), reading themes (to detect whether the widget is enabled), reading locales, markets and translations (to answer in the shopper's language and currency), and Storefront permissions to read product listings and create carts and checkouts.
If a future version of the Service needs a new permission, Shopify will ask you to approve it before it takes effect. What we do with the data these permissions expose is set out in the Sellena App Privacy Policy.
5. Plans, fees and billing
All charges for the Service are billed exclusively through Shopify's app billing, on the plan you approve in your Shopify admin. They appear on your Shopify invoice, and Shopify's billing terms apply alongside these Terms. We do not accept payment for the Service in any other way.
- Plans. Each plan has a monthly fee and a monthly allowance of conversations, shown in the app and on the Site before you approve it. A conversation is one shopper's chat session, however many messages it contains.
- Free trial. Where a plan includes a free trial, the trial length is shown before you approve the plan. A trial is granted once per store; cancelling and reinstalling the Service, or switching plans, does not start a new trial.
- Extra conversations. If your store uses up its allowance, the app offers packs of additional conversations at the price shown at approval, up to the spending cap you approved in Shopify. You can turn automatic packs off in the app; the assistant then pauses until the next billing period.
- Commission plans. Where we offer a plan with a commission, the commission is a percentage of the net sales the assistant helped create, calculated after discounts and minus refunds, capped per billing period at the amount you approved in Shopify. The rate you agreed to at approval applies for as long as you stay on that plan.
- Changing or cancelling. You can upgrade, downgrade or cancel at any time in the app or in your Shopify admin without contacting us. Fees and commission already accrued in the current billing period remain payable.
- Taxes. Fees exclude taxes; Shopify adds any applicable tax to your invoice.
- Price changes. We may change plan prices for the future. A change to the plan you are on takes effect only after Shopify asks you to approve the new terms.
- Refunds. Except where the law requires otherwise, fees are non-refundable. Where a refund or credit is justified, it can be issued only through Shopify's app-billing mechanisms and only where Shopify supports it for that charge; we cannot refund outside Shopify. Requests go to the contact in section 22.
- Non-payment. If Shopify cannot collect a charge, or your Shopify store is frozen or closed, the Service may be suspended until billing is restored.
6. AI-generated content
The assistant's replies, recommendations, size and fit suggestions, outfit combinations and virtual try-on images are generated automatically by artificial intelligence from your catalog data and the shopper's messages. They may be inaccurate, incomplete or unsuitable, and a try-on image is an illustration, not a representation of how a garment will fit or look. The Service provides suggestions, not guarantees.
Product availability, prices, descriptions and order fulfilment are governed by your store, not by the assistant. You are responsible for reviewing how the assistant presents your products and for correcting your catalog where needed. We do not guarantee that the Service will increase sales, conversion or any other metric.
We do not use your store's data or your customers' conversations to train general-purpose AI models. Chat content is sent to our AI provider only to generate replies, as described in the Sellena App Privacy Policy.
7. Your content and the licence you give us
You keep every right to your store's data, catalog, product images, brand and other content. You grant us a non-exclusive, royalty-free licence to use that content only to operate the Service for your store: to index your catalog, generate recommendations and try-on images, display your products in the widget, and attribute sales. The licence ends when you uninstall the Service, subject to the deletion timelines in the app privacy policy.
You confirm that you have the rights needed to grant that licence, in particular for the product images the try-on feature uses, and that your content does not infringe anyone else's rights.
If you send us feedback or suggestions, we may use them to improve the Service without any obligation to you.
8. Acceptable use
You agree not to:
- use the Service in breach of applicable law, Shopify's terms or third-party rights, or to sell unlawful, counterfeit or deceptive products;
- reverse engineer, copy, resell or sublicense the Service, or provide it to anyone outside your own store;
- try to extract our prompts, models, configuration or other merchants' data, or use the assistant's output to build a competing service;
- probe, overload or disrupt the Service, including by artificially generating conversations or events;
- circumvent usage limits, billing or free-trial rules, including by reinstalling or by using several stores for one business to obtain repeated trials;
- use the assistant to collect data from shoppers beyond what your own privacy notice allows.
We may limit or suspend the Service for a store that breaches these Terms, abuses the infrastructure or presents a security risk, with notice where practicable, and we may remove content that we reasonably believe is unlawful.
9. Data protection
Two documents describe how we handle personal data, and both form part of these Terms:
- the Site Privacy Policy, for visitors to the Site; and
- the Sellena App Privacy Policy, for merchants and their customers, which lists our sub-processors, retention periods and the Shopify data-deletion flows, including what is erased after you uninstall.
For your customers' personal data processed through the assistant, you are the controller and we are your processor under the Data Processing Agreement, which applies to every merchant that installs the Service and prevails over these Terms on data-protection matters. Merchants who need a signed copy can request one at the contact in section 22.
You are responsible for having a lawful basis for your customers' data, for a storefront privacy notice that discloses the assistant and its providers, and for handling your customers' rights requests, which Shopify's data request and redaction flows pass on to us.
10. Intellectual property and infringement notices
The Service, including its software, models' configuration, design, documentation and the Sellena name and logo, is owned by Sellena or its licensors and is protected by copyright and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own store while these Terms are in force. No other rights are granted. You may not use the Sellena name or logo in a way that suggests endorsement without our written consent, except to say that your store uses Sellena.
If you believe that content shown by the Service, or on the Site, infringes your intellectual-property rights, email help@sellena.co with a description of the work, where the infringing material appears, your contact details, and a statement that you own the rights or act for the owner. Because product content in a store belongs to the merchant, we may forward such notices to the merchant concerned.
11. Third-party services
The Service depends on third parties we do not control, including Shopify (platform, app distribution and billing), an AI provider that generates the assistant's replies, and the hosting provider for our infrastructure. Their roles and locations are listed in the Sellena App Privacy Policy. Their terms apply to your use of their services, and their availability may affect the Service. Links from the Site to other websites are provided for convenience; we are not responsible for their content.
12. Availability, support and changes to the Service
We work to keep the Service available but do not guarantee uninterrupted or error-free operation; maintenance, upgrades, Shopify or provider outages and events outside our control can cause interruptions. Support is provided through the Help Center, the contact form and the email address in section 22, in English, during our normal working hours.
13. Disclaimers
TO THE EXTENT PERMITTED BY LAW, THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ASSISTANT'S OUTPUT WILL BE ACCURATE, COMPLETE OR ERROR-FREE, THAT TRY-ON IMAGES WILL REFLECT REAL FIT, OR THAT THE SERVICE WILL INCREASE SALES OR CONVERSION. Nothing in this section limits rights that consumer-protection law gives you and that cannot be excluded.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLENA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, ARISING FROM OR RELATED TO THE SITE OR THE SERVICE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY UNDER THESE TERMS FOR ALL CLAIMS TOGETHER WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including for death or personal injury caused by negligence, or for fraud.
15. Indemnification
You will defend, indemnify and hold Sellena harmless from claims, damages and reasonable costs arising out of your store's products or content, your breach of these Terms, or your breach of applicable law or third-party rights in connection with your use of the Service. We will notify you of any such claim and let you control its defence, provided you do not settle it in a way that admits fault on our behalf without our consent.
16. Termination
You can stop using the Service at any time by cancelling your plan or uninstalling the app from your Shopify store; uninstalling ends these Terms for the Service. We may suspend or terminate the Service for material breach of these Terms, for non-payment, if Shopify removes the app or your store, or where the law requires it, with notice where practicable. We may also discontinue the Service as a whole on at least 30 days' notice.
After termination, your store's data is deleted on the timelines in the app privacy policy (Shopify's store-redaction request, sent 48 hours after uninstall, erases your store's data from the app), fees and commission accrued remain payable, and sections 6, 7, 10, 13, 14, 15, 17 and 20 survive.
17. Governing law, disputes and language
These Terms are governed by the laws of Georgia, without regard to conflict-of-law rules. Disputes are resolved by the competent courts of Georgia, unless mandatory consumer-protection law of your place of residence provides otherwise. Before starting formal proceedings, please contact us so we can try to resolve the matter amicably; we commit to responding within 30 days.
These Terms and our privacy documents are written in English. The assistant may talk to shoppers in other languages, and we may publish translations for convenience, but the English version governs if there is any difference.
18. Electronic communications and notices
You agree that we may give you notices electronically: inside the app in your Shopify admin, by email to your store's contact address in Shopify, or by posting on the Site. Notices are effective when sent or posted. You can send us notices by email to help@sellena.co; for legal notices and service of process, ask us for our registered postal address at the same email and we will provide it within five business days.
Emails we send about the Service itself (billing, security, changes to these Terms) are part of the Service and are not marketing.
19. Sanctions and export compliance
You confirm that neither you nor your store is subject to sanctions administered by the United Nations, the European Union, the United Kingdom, the United States or Georgia, and that you will not use the Service in a country or for a purpose that those sanctions or export-control laws prohibit. We may suspend the Service where continuing it would put us in breach of such laws.
20. General terms
- Entire agreement. These Terms, the privacy documents in section 9 and, for merchants, the Data Processing Agreement are the entire agreement between you and Sellena about the Site and the Service, and replace any earlier terms. On data-protection matters the Data Processing Agreement prevails; otherwise these Terms prevail over any conflicting document.
- Severability. If any provision is held invalid or unenforceable, the rest remains in force and the provision is applied to the extent the law allows.
- No waiver. If we do not enforce a provision, we can still enforce it later.
- Assignment. You may not transfer these Terms without our consent. We may transfer them to a successor of the Service, and will tell you if we do.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
- Relationship. We are independent contractors; nothing here creates a partnership, agency or employment relationship, and Shopify is not a party to these Terms.
21. Changes to these Terms
We may update these Terms from time to time; the "Last Updated" date above shows the current version, and earlier versions are available on request. For changes that materially affect the Service we give at least 14 days' notice in the app or by email; other changes take effect when posted. If you do not agree with a change, cancel your plan or uninstall the Service before it takes effect. Continued use after that date is acceptance of the new Terms.