SayMaya Terms of Service

The Service is for businesses that operate a Shopify store. You must be at least 18 years old, have authority to install apps on the store, and keep a Shopify account in good standing. The Service is not offered for personal, family or household use.

SayMaya adds an AI chat assistant to your storefront and gives your team an inbox to answer chats. The assistant answers shoppers using store data you allow it to read, such as products, prices, inventory, policies, discounts and, when a shopper provides a matching order number and email or phone, that order's status. You choose which data the assistant may use in the app's Settings page, and you can change it at any time. When a shopper asks for a person or the assistant is unsure, the chat is handed to your team inbox.

We may improve, change or remove features from time to time. If we make a material change that reduces what a paid plan includes, we will tell you in advance.

SayMaya offers the following plans. Prices are in US dollars:

• Free: $0, up to 100 conversations per month, of which up to 50 are answered by the AI.
• Starter: $29/month, up to 200 conversations per month, of which up to 100 are answered by the AI, with a 14-day free trial.
• Growth: $99/month, up to 800 conversations per month, of which up to 400 are answered by the AI, with a 14-day free trial.
• Pro: $299/month, up to 3,000 conversations per month, of which up to 1,500 are answered by the AI, with a 14-day free trial.

Paid plans are billed through Shopify Billing every 30 days, appear on your Shopify invoice, and renew automatically until you change or cancel the plan in the app. Paid plans start with the free trial shown above. If you cancel before the trial ends, you are not charged. We never see your card details; payment terms, taxes and refunds for charges collected by Shopify are also subject to Shopify's terms.

Past your AI conversation limit, new chats go to your team inbox and the assistant picks up again next month, or right away when you upgrade. Past your conversation limit, chat keeps working and we email you once that month. We do not charge overage fees. We may change plan prices or limits with at least 30 days' notice, effective at your next billing cycle.

The assistant is powered by AI and can be wrong, incomplete or out of date. SayMaya uses guardrails to reduce errors, but we do not guarantee that any answer is accurate. You are responsible for the accuracy and completeness of your store content (products, prices, policies and discounts), for deciding what the assistant may use, and for reviewing hand-offs and following up with shoppers. Do not rely on the assistant for legal, medical, safety or financial advice, and do not configure it to give such advice.

You are responsible for how you use the assistant's output, including any commitments made to shoppers in your name.

You agree not to, and not to allow anyone else to:

• use the Service for anything unlawful, deceptive, harassing or harmful, or to send spam;
• probe, scan or test the vulnerability of the Service, or interfere with or overload it;
• attempt to extract the underlying prompts or models, reverse engineer the Service, or copy it to build a competing product;
• try to make the assistant produce unlawful, hateful, sexual or misleading content, or invent discounts or commitments;
• upload malware, or use the Service to process data you have no right to use; or
• resell or sublicense the Service, or use it in a way that violates Shopify's terms.

You are the controller of your shoppers' personal information and we process it on your behalf to run the Service. You are responsible for having a lawful basis to collect it, for giving shoppers any notices that the law requires (including telling them that chats are handled by an AI assistant and may be reviewed by your team), and for responding to their requests. We handle data as described in our Privacy Policy at saymaya.com/privacy, which forms part of these Terms.

You keep ownership of your store data and the chat content. You give us a limited license to host, process and display it only as needed to provide the Service. We and our licensors keep all rights in the Service, including its software, design, and the SayMaya name and logo. If you send us feedback, we may use it without obligation to you.

You can stop using the Service at any time by uninstalling the app, which ends your paid plan. When you uninstall, Shopify sends us a deletion request 48 hours later and we delete your store's data, including its conversations and inbox account, as described in the Privacy Policy.

We may suspend or end your access if you breach these Terms, if your use creates a security risk or legal exposure, or if we stop offering the Service. If we end the Service for convenience, we will give notice and credit any prepaid period.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI ANSWERS WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL INCREASE YOUR SALES. THE SERVICE DEPENDS ON SHOPIFY AND OTHER THIRD-PARTY PLATFORMS, AND WE ARE NOT RESPONSIBLE FOR THEIR AVAILABILITY OR CHANGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR $100 IF YOU USE A FREE PLAN.

These limits do not apply to your obligation to pay fees, to either party's indemnity obligations, to liability for gross negligence, willful misconduct or fraud, or to any liability that the law does not allow to be limited.

You will defend and indemnify us against third-party claims, and related losses, damages and reasonable attorneys' fees, arising from your store, your products and content, your instructions to the assistant, your handling of shoppers and their data, or your violation of law or of these Terms.

We may update these Terms by posting a new version on this page with a new "Last updated" date. For material changes we will also notify you by email or in the app. Changes apply going forward, and continuing to use the Service after they take effect means you accept them.

Before starting any legal proceeding, the party with a concern will send the other a written description of it, and we will both try in good faith to resolve it within 30 days. Either party may seek urgent injunctive relief at any time.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida, without regard to its conflict of laws rules. The exclusive venue for any dispute is the state courts located in Broward County, Florida, or the United States District Court for the Southern District of Florida, and each of us consents to the personal jurisdiction of those courts.

EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. To the extent permitted by law, claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding.

These Terms, with the Privacy Policy, are the entire agreement between us about the Service. Neither party may assign these Terms without the other's written consent, except to a successor in a merger, acquisition or sale of substantially all of its relevant business or assets. If a provision is held unenforceable, the rest remains in effect, and failing to enforce a provision is not a waiver of it. Neither party is liable for delay or failure, other than a failure to pay, caused by events beyond its reasonable control. We are independent contractors, and nothing here creates a partnership, agency or employment relationship. We may give notices by email or in the app.

Questions about these Terms can be sent to: