Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (“you,” “Merchant,” or “your”) and Market Mint LLC(“WelloChat,” “we,” “us,” or “our”), governing your access to and use of the WelloChat application, widget, website, APIs, and related services (collectively, the “Service”).

By installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

• You must be at least 18 years old and operate a valid Shopify store to use the Service.
• You are responsible for maintaining the confidentiality of your account and for all activity that occurs under it.
• You must provide accurate information and keep it up to date.
• You are responsible for your authorized staff’s use of the Service.

WelloChat provides an AI-powered chat assistant for Shopify storefronts. Depending on your plan, the Service may include AI-driven conversations, natural-language product search, product recommendations, in-chat cart management and checkout initiation, order tracking and returns assistance, analytics, custom branding, and human handoff.

Features, limits, and availability vary by subscription plan and may change over time. We may add, modify, or remove features, provided we do not materially reduce the core functionality of a paid plan during a billing period without notice.

The Service is installed and run through Shopify. Your use of the Service is also subject to Shopify’s applicable terms. You authorize WelloChat to access your store data through Shopify’s APIs using the access scopes you approve at installation, solely to provide the Service.

We are not responsible for the Shopify platform itself or for any interruption, change, or discontinuation of Shopify services that affects the Service. If you uninstall the app, the license granted to us to access your store data ends, and we will handle your data as described in our Privacy Policy.

• Paid plans are billed in advance on a recurring monthly or annual basis through Shopify Billing and added to your Shopify invoice. Prices are stated in U.S. dollars unless otherwise shown.
• Your subscription automatically renews at the end of each billing period at the then-current rate unless you cancel or uninstall beforehand.
• Each plan includes a monthly conversation allowance. Conversations beyond your plan’s allowance may be charged as overages at the rate disclosed in-app, or you may upgrade to a higher plan.
• We may change pricing prospectively. We will give reasonable advance notice of price changes, which take effect on your next renewal.
• Fees are exclusive of taxes. You are responsible for any applicable taxes other than taxes on our net income.

We may offer a free plan and free trials of paid plans. Trial length and eligibility are shown at sign-up. Unless you cancel before the trial ends, your subscription converts to a paid plan and you will be billed the applicable fee. We may modify or discontinue free offerings at any time.

You may cancel at any time by uninstalling the app or canceling within your Shopify admin. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial billing periods. Any money-back guarantee, if offered, will be clearly stated on our pricing page or app listing and governs in that case.

You agree not to, and not to permit any third party to:

• Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose, or in violation of any applicable law or third-party rights.
• Transmit malware, spam, or content that is illegal, hateful, harassing, infringing, or otherwise objectionable through the widget.
• Use the Service to provide regulated professional advice (e.g., medical, legal, or financial advice) as if it were authoritative.
• Reverse engineer, decompile, scrape, or attempt to extract the source code, models, or underlying technology of the Service, except as permitted by law.
• Resell, sublicense, or white-label the Service except where your plan expressly permits it.
• Probe, interfere with, overload, or circumvent the security or rate limits of the Service, or use it to build a competing product.
• Submit other people’s personal data through the chat without a lawful basis, or input special-category data where prohibited.

You are solely responsible for the content of your store and for the instructions and configuration you provide to the Service.

As between you and us, you own the data from your store and your shoppers’ conversations (“Customer Data”). You grant us a limited, non-exclusive license to process Customer Data solely to provide, secure, and improve the Service as described in our Privacy Policy.

For personal data within Customer Data, you act as the controller and we act as your processor. Our processing terms are set out in the Privacy Policy, and we will enter into a separate Data Processing Agreement on request. You are responsible for having a lawful basis and the necessary notices and consents to enable our processing.

• AI responses are provided for assistance only and may contain errors. They do not constitute professional advice.
• You are responsible for reviewing and supervising the information the Service presents to your shoppers, including product, pricing, shipping, and policy details.
• We are not liable for decisions made, or actions taken, by you or your shoppers in reliance on AI-generated output.
• You should configure the Service’s instructions, fallbacks, and human-handoff settings appropriately for your business.

The Service, including its software, models, design, and the WelloChat name and logo, is owned by Market Mint LLC and its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own business during your subscription.

We may use de-identified and aggregated data derived from use of the Service to operate and improve our products. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction.

The Service relies on third parties, including Shopify and Google (the provider of the underlying Gemini AI models), as well as hosting and infrastructure providers. Your use of those services may be subject to their own terms. We are not responsible for the acts, omissions, availability, or content of third-party services, and their inclusion does not imply endorsement.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that AI output will be accurate or meet your requirements. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

To the maximum extent permitted by law, WelloChat and Market Mint LLC, and our officers, employees, and suppliers, will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of (a) the total fees you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100). These limitations form an essential basis of the agreement and apply regardless of the theory of liability.

You agree to indemnify, defend, and hold harmless WelloChat and Market Mint LLC and our affiliates and personnel from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data and your store content; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right, including privacy and intellectual-property rights.

These Terms apply while you use the Service. You may stop using and uninstall the Service at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, fail to pay fees, use the Service in a way that poses a security or legal risk, or if required by law or by Shopify.

On termination, your right to use the Service ends, and we will handle your data as described in the Privacy Policy. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

We may update these Terms from time to time. When changes are material, we will update the “Last updated” date and notify you by email or through the app. Changes take effect when posted, or on the date stated in the notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the state and federal courts located in Wyoming will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.

Any dispute arising out of or relating to these Terms or the Service will, to the extent permitted by law, be resolved through binding individual arbitration rather than in court, except that either party may bring a claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-use matters. To the extent permitted by law, you and we waive any right to a jury trial and to participate in a class action. Nothing in this section limits rights you may have that cannot be waived under applicable law.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.
• Severability. If any provision is held unenforceable, the remaining provisions stay in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices by email or through the app; you may contact us at the address below.

Questions about these Terms? Contact us:

• Email: hello@wellochat.com
• Market Mint LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, USA