Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Merchant", "you", "your") and A³, operated by Konstantin Tikhaev as an Israeli sole proprietorship (Esek Patur 346571938, Hanna Rovina 2, Haifa 3495402, Israel — "A³", "we", "us", "our"). By installing the A³ Shopify app, creating an account on app.triplea.studio, or otherwise using the Services, you agree to these Terms.

1. Service description

A³ is an AI-powered ambassador (voice, text, and video) that Merchants embed on their Shopify storefronts. It greets shoppers, answers product questions, surfaces inventory information via the Shopify Admin API, and — on supported plan tiers — can generate single-use discount codes or draft orders. Merchants configure persona, knowledge base, and tool toggles through the merchant dashboard.

2. Eligibility

The Services are offered globally. By using the Services you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement.
• Your business is duly registered and operating in compliance with the laws of its jurisdiction.
• You will comply with all applicable data protection laws when using the Services, including GDPR (EU), UK GDPR, Swiss FADP, CCPA/CPRA (California), other US state privacy laws, PIPEDA + Quebec Law 25 (Canada), the Australian Privacy Act, and the New Zealand Privacy Act. The respective roles of A³ and Merchant under these laws are set out in our Data Processing Addendum.
• You will not use the Services in any country, or for any user, that is subject to embargoes, sanctions, or export controls administered by the United States, Israel, the European Union, the United Kingdom, or any other applicable jurisdiction.
• EU/UK/Swiss merchants: by accepting these Terms you also enter into our Data Processing Addendum (incorporated by reference), which implements the EU Commission Standard Contractual Clauses for any controller-to-processor or processor-to-sub-processor transfers. You may countersign the DPA separately if your records require it; otherwise click-through acceptance of these Terms constitutes a valid signature.

EU consumer protection notices. Where you contract with us as a consumer (natural person acting outside trade or profession) resident in the EU, EEA, or the UK, the following apply in addition to the rest of these Terms:

• Right of withdrawal (Directive 2011/83/EU): 14-day cooling-off period from start of the paid subscription. Contact privacy@triplea.studio to withdraw. By starting to use paid features within the 14-day window, you expressly request that the service begin and agree that you lose your right of withdrawal once the service is fully performed for that billing period; unused full billing periods will be refunded pro-rata.
• Online dispute resolution: the European Commission provides an ODR platform at ec.europa.eu/consumers/odr. We are not obligated and do not commit to participate in ODR proceedings, but we will respond to good-faith complaints submitted via this channel.
• Mandatory consumer law: nothing in these Terms reduces statutory consumer rights under your local law that cannot be waived by contract.

3. Acceptable use

You may not use the Services to:

• Violate any law, regulation, or third-party right.
• Publish defamatory, harassing, hateful, or sexually explicit content.
• Generate or distribute spam, malware, or fraudulent content.
• Deploy A³ for high-risk use cases, including healthcare diagnosis, medication advice, lethal weapons control, real-money gambling, political persuasion, credit-worthiness or insurance pricing, or employment screening, without our prior written consent.
• Attempt to extract, reverse-engineer, decompile, or train competing AI models on the Services, the underlying AI models, or any outputs.
• Misrepresent A³ as a human, a person you are not, or a brand you do not own.
• Circumvent the rate-limit, quota, or session-limit systems.

4. Merchant warranties

You represent and warrant that:

• You comply with the Shopify Partner Program Agreement and all Shopify-specific obligations of installed apps, including responding to the mandatory customers/data_request, customers/redact, and shop/redact webhooks. A³ implements these webhooks on its side; you remain responsible for your own webhook obligations as a Shopify Merchant.
• You have obtained all consents from your Shoppers required by applicable law (including CCPA / CPRA, Quebec Law 25, Australian APPs, BIPA, and the two-party-consent statutes of California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington).
• You enable, and do not bypass or override, the A³ AI-disclosure modal that runs before microphone activation on your storefront.
• Your product listings, store content, and configuration data comply with applicable advertising and consumer-protection laws (including FTC truth-in-advertising rules).
• All Merchant Data you provide to A³ is accurate, lawfully obtained, and your right to provide.
• You ensure your storefront's privacy notice describes A³'s role as Processor / Sub-processor and points your Shoppers to A³'s Privacy Policy as a sub-processor.
• You collect, where required by your local law, the Shopper consents A³ needs to operate (microphone activation; cookies; ePrivacy / PECR in the UK and EU; Quebec opt-in for non-essential cookies; BIPA informed-consent in Illinois). A³ provides the disclosure UI; you remain the Controller of your Shopper relationship.

5. AI output disclaimer

You acknowledge that, due to the nature of machine learning, AI Output may not be unique across users and may be generated by our Service or by other Merchants' instances. Machine learning and artificial intelligence involve probabilistic processing, and the Service may in some situations produce incorrect, incomplete, biased, or inaccurate output that does not accurately reflect real people, places, or facts. You are responsible for independently verifying all output before relying on it for any material business decision, communication, or transaction.

A³ provides no warranty that AI Output is accurate, current, lawful, or non-infringing. Recommendations, discount codes, draft orders, and other outputs generated by the ambassador are configuration-dependent and probabilistic. You are responsible for monitoring the Services and correcting any outputs you find unacceptable.

6. Intellectual property

You retain all right, title, and interest in your Merchant Data and conversation logs. You grant A³ a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Merchant Data solely to deliver the Services to you and your Shoppers.

A³ retains all right, title, and interest in the A³ platform, models, configurations, sub-components, avatar identities (Anna, Maya, Sophia, Hannah, Ella, Amara, Daniel, Marcus, David), synthetic voice characteristics, and software. Nothing in these Terms transfers ownership of the foregoing to you.

Outputs generated by A³ in response to a Shopper interaction are licensed to the Merchant for use within the Merchant's own commerce operations. A³ retains rights in the underlying technology and the ambassador identity. You may not use the avatar identities to imply a partnership beyond use of the Services.

7. Subscription, billing, and tiers

A³ is offered on the following plan tiers. Pricing in USD, billed monthly.

Billing flow: Merchants who install via the Shopify App Store are billed through Shopify Billing (Shopify takes a revenue share per its Partner Program; this is between you and Shopify). Merchants who subscribe directly via app.triplea.studio are billed through Polar.sh.

Auto-renewal: subscriptions auto-renew monthly until cancelled. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months, except where required by law.

Price changes: we may change prices on at least 60 days' notice via email and the merchant dashboard. Your continued use after the effective date constitutes acceptance.

Free trials (where offered) auto-convert to paid at the end of the trial unless you cancel beforehand.

8. Service availability and SLA

We strive to provide reliable service but do not guarantee uninterrupted availability. A Service Level Agreement with uptime credits is offered only on the A³ Enterprise tier, under a separately executed SLA addendum. Lite, Starter, Pro, and Growth tiers are offered on a commercially reasonable best-effort basis without SLA credit obligations.

9. Suspension and termination

We may suspend or terminate your access to the Services if:

• You materially breach these Terms (including §3 or §4).
• Continued use creates a risk to the security or integrity of the Services.
• You exceed plan limits in a manner inconsistent with good-faith use.
• Required by law or order from a competent authority.

Where reasonable we will give you notice and an opportunity to cure. Non-payment beyond 30 days is grounds for immediate suspension.

You may cancel at any time from your merchant dashboard or by uninstalling the Shopify app. Upon termination we will delete or anonymize your Merchant Data per the schedule in our DPA.

10. Disclaimers

The Services are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, A³ disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

11. Limitation of liability

IN NO EVENT WILL A³'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE TOTAL AMOUNT PAID BY YOU TO A³ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. In no event will A³ be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenues, lost data, or business interruption, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law.

12. Indemnification

You will defend, indemnify, and hold harmless A³ from any third-party claim, action, or demand arising out of or related to (a) your breach of §3 or §4; (b) violation of Shopify's terms of service or any applicable law by you; (c) your products, content, business operations, or your own privacy notice and consent collection vis-à-vis your Shoppers; and (d) any inaccuracy in the data you provide to A³.

A³ will defend you against third-party claims that the A³ technology, as provided by A³ and used by you in accordance with these Terms, directly infringes such third party's intellectual-property rights; and will pay damages finally awarded against you in such claim, subject to the limitation of liability in §11.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws principles. The exclusive forum for any dispute arising out of or related to these Terms is the competent courts of Tel Aviv-Yafo, Israel, except as provided below.

US Merchants: at your option you may elect to resolve any dispute by binding arbitration before JAMS or the American Arbitration Association, seated in Delaware, USA, under their then-current commercial rules. Class actions and class-wide arbitrations are waived.

EU/EEA, UK, and Swiss consumers: the choice of Israeli law and Tel Aviv jurisdiction does not deprive you of the protection of mandatory provisions of the law of the country in which you are habitually resident (Rome I Regulation, Article 6(2); UK consumer law). You may bring proceedings against us in the courts of your domicile and we will not contest jurisdiction. Disputes arising under Article 6(1) of the Brussels Recast Regulation (Regulation (EU) 1215/2012) involving consumers may be brought in the consumer's domicile.

Either party must commence any claim within one (1) year of the event giving rise to the claim, except where law mandates a longer period.

14. Changes to these Terms

We may modify these Terms from time to time. For material changes we will give you at least thirty (30) days' notice via email and the merchant dashboard. Continued use after the effective date constitutes acceptance. If you do not accept the changes, you may terminate per §9.

15. Miscellaneous

These Terms, together with our Privacy Policy and DPA, constitute the entire agreement. If any provision is held unenforceable, the remaining provisions remain in force. Our failure to enforce a right is not a waiver. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms? Email legal@triplea.studio.