Terms of Use

1. Agreement

By installing or using the Nimble Shopify app (the "Service"), you agree to these Terms of Use (the "Terms"). If you don't agree, don't install the app, or if it's already installed, uninstall it.

The Service is operated by Max Ninthara (individual developer, personal entity), referred to here as "Nimble", "we", "us", or "our". You are referred to as "Merchant" or "you".

2. What Nimble does

Nimble is a marketing assistant for Shopify brands that:

1. Reads your Shopify storefront (products, pages, blog posts, themes) via authorized API access to build a brand profile
2. Uses AI to generate daily marketing content across 6 channels: SEO blog articles, social media carousels, email copy, Pinterest posts, video scripts, strategy briefs
3. Publishes generated content to your Shopify blog
4. Runs quality checks on every piece (voice, claims, novelty, completeness, and strategic fit)
5. Presents content for your review inside an embedded Shopify admin dashboard

The Service is provided "as is" and will evolve over time. New features may be added or removed.

3. Your account and installation

3.1 Eligibility

You must:

• Have an active Shopify store
• Be at least 18 years old
• Have authority to bind your business to these Terms

3.2 Your responsibility

You are responsible for:

• Keeping your Shopify account secure
• Reviewing content generated by Nimble before or after it publishes
• Complying with Shopify's own Terms of Service, Acceptable Use Policy, and merchant policies
• Compliance with all laws that apply to your business (FTC endorsement rules, FDA claims for supplements, tax laws, export controls, etc.)

Nimble does not pre-clear content for legal compliance. If you're in a regulated industry (supplements, CBD, financial services, medical devices, etc.), you are solely responsible for ensuring that generated content complies with applicable rules.

4. Acceptable use

You agree not to use Nimble to:

• Publish content promoting illegal products or services
• Publish content that infringes another party's intellectual property (copyright, trademark, patent)
• Publish misleading claims about product efficacy, origin, or safety
• Publish content that is defamatory, harassing, obscene, or violates others' privacy
• Generate content at a volume that constitutes abuse of Shopify's or our infrastructure
• Reverse-engineer, scrape, or resell the Service
• Share your OAuth credentials with third parties
• Circumvent rate limits, quality checks, or authorization controls

We may suspend or terminate your access for violations.

5. Content ownership

5.1 Your content

You own your brand inputs (competitors, audiences, claims, rules) and all content we generate on your behalf that you approve or publish. Nimble does not claim ownership of your brand or generated content.

5.2 License to us

You grant Nimble a limited, worldwide, royalty-free license to:

• Process your brand inputs and store content to operate the Service
• Send your inputs to our AI model provider (Anthropic) for content generation
• Store, display, and deliver generated content through the Nimble dashboard

This license ends when you uninstall the app or delete your account (except where backups are retained per the Privacy Policy retention schedule).

5.3 Our content and platform

Nimble's codebase, UI, trained prompts, brand-inference logic, and platform infrastructure are our intellectual property. You are not granted any rights to our platform beyond using the Service.

5.4 Aggregate usage data

We may collect and use de-identified, aggregated usage statistics (e.g., "average content pieces per merchant per week") to improve the Service and report platform-level metrics. This data cannot be linked back to you.

6. AI-generated content disclaimer

Content generated by Nimble is produced by AI models. It reflects the inputs you provide and the behavior of the underlying models. By using the Service:

• You acknowledge that AI-generated content may contain errors, inaccuracies, or phrasing you would not personally endorse
• You are responsible for reviewing every piece before it is published to your storefront
• Nimble's pre-publish quality checks are signals, not guarantees
• We make no representations about SEO performance, conversion rates, revenue impact, or search ranking
• AI model providers may update their models without notice, which may affect output quality

Reasoning is logged on every piece so you can review what ran and why.

7. Fees and billing

7.1 Pricing

Pricing tiers and the current price for each tier are listed on our Pricing page. All prices are billed in USD through Shopify's recurring application charge system.

7.2 Billing mechanics

• All charges flow through the Shopify Billing API; you are billed by Shopify, not by us directly
• Renewals and refunds follow Shopify's standard app-billing policies
• Prices may change with 30 days' notice to active merchants

7.3 Taxes

You are responsible for any applicable taxes on the subscription fee. Shopify may collect some taxes on our behalf depending on your jurisdiction.

7.4 Cancellation

You may cancel at any time by uninstalling the app from your Shopify admin. Uninstalling stops future charges immediately; no pro-rata refund is provided for the current billing period unless required by Shopify's policies.

8. Third-party services

Nimble depends on third-party services that have their own terms:

If any third-party service becomes unavailable, the Service may be degraded or temporarily unavailable. We have no control over outages at these providers.

9. Service availability

We aim for high availability but do not guarantee uptime. The Service may be:

• Temporarily unavailable for maintenance (we'll minimize and announce when possible)
• Affected by outages at Shopify, Anthropic, Supabase, or Google Cloud
• Degraded by extreme load, abuse, or security incidents

We are not liable for losses caused by downtime beyond what is explicitly stated in Section 11.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of AI-generated content
• Uninterrupted or error-free operation
• Security of any information transmitted through the Service beyond the measures described in the Privacy Policy

No oral or written advice from us creates a warranty not expressly stated here.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Nimble's total liability for any claim arising out of or related to these Terms or the Service is limited to the greater of (a) the amount you paid to us (via Shopify) in the 12 months preceding the claim, or (b) $100 USD.
• We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
• This limitation applies regardless of the legal theory (contract, tort, statute, or otherwise).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify and hold Nimble harmless from any claim, loss, liability, or expense (including reasonable attorney fees) arising out of:

• Your use of the Service
• Content you publish using the Service
• Your violation of these Terms
• Your violation of any law or third-party right

We reserve the right to assume the exclusive defense of any matter subject to indemnification, at your expense.

13. Termination

13.1 By you

Uninstall the app at any time. Your OAuth access is immediately revoked; your data is handled per the Privacy Policy.

13.2 By us

We may suspend or terminate your access immediately if:

• You violate these Terms (especially Section 4 Acceptable Use)
• We are required to by law
• We cease offering the Service
• You fail to pay fees

On termination, the license in Section 5.2 ends. Sections that by their nature should survive (e.g., ownership, limitation of liability, indemnification, governing law) survive termination.

14. Changes to these Terms

We may update these Terms. When we do:

• We will update the "Last updated" date at the top
• For material changes, we will notify active merchants by email at least 30 days before the change takes effect
• Continued use after the effective date constitutes acceptance

If you don't agree to a change, you may terminate by uninstalling.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved as follows:

1. Informal resolution: the parties will first try in good faith to resolve the dispute by email for 30 days.
2. Binding arbitration (if informal resolution fails): the dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, California, in English. Judgment may be entered in any court of competent jurisdiction.
3. Class-action waiver: disputes will be resolved on an individual basis. You waive the right to participate in class or collective actions.
4. Exceptions: either party may seek injunctive relief in court for intellectual property infringement or unauthorized use without going to arbitration first.

16. Miscellaneous

• Entire agreement: these Terms plus our Privacy Policy are the entire agreement between you and Nimble.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices: notices to us: help@nimblevc.com. Notices to you: the email on file in your Shopify account.
• Force majeure: neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, wars, pandemics, widespread internet outages, government actions).

17. Contact

Questions about these Terms:

• Email: help@nimblevc.com
• Subject line: "Terms of Use question"
• Response time: within 5 business days

These Terms are written in plain English where possible. Some sections (10, 11, 12, 15) use legal language because that's what the law demands. If anything is unclear, email us and we'll explain.