Terms of Service

1. Agreement and Eligibility

These Terms of Service ("Terms") are a binding agreement between Configurate, operating the Lumi service ("Lumi," "we," "our," or "us"), and the person or organization accessing or using our website, Shopify app, public catalog tools, partner program, or related services (collectively, the "Service" and "you").

By installing, accessing, or using the Service, clicking to accept these Terms, or authorizing another person to use the Service for your organization, you accept these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and legally capable of entering a contract. The Service is intended for business use. If you use the Service for an organization, you represent that you have authority to bind that organization, and "you" includes the organization.

Our Privacy Policy is incorporated into these Terms. Additional written terms may apply to a specific plan, beta, promotion, order, data-processing arrangement, or partner program. If there is a conflict, the additional terms control only for their stated subject. Shopify terms govern your relationship with Shopify, including Shopify's platform and billing.

2. The Service

Lumi helps Shopify merchants find selected catalog content gaps, create requested drafts, review and edit those drafts, publish approved changes, and maintain workflow history. Available fields, scan limits, generation credits, automation, history, languages, and other features depend on the current plan and product configuration.

Public audit, risk-report, catalog-diagnostic, and calculator tools analyze only the information and publicly reachable pages available within their disclosed limits. Results are samples or estimates, not connected full-catalog audits, certifications, valuations, or guarantees.

We may add, change, limit, or remove features and may impose reasonable technical, usage, storage, or rate limits. We will provide notice of a material reduction to a paid core feature when required by law or contract.

3. Shopify Authorization and Accounts

You represent, warrant, and agree that:

• You own or are authorized to administer each Shopify store connected to Lumi
• You authorize Lumi to access the Shopify data covered by approved app permissions and to act on instructions from your authorized users
• An approval or publishing action authorizes Lumi to write the selected content to the connected Shopify store
• You are responsible for account access, authorized staff, credentials, and activity under your account
• You will promptly notify us of suspected unauthorized access or compromised credentials
• Your use of Shopify remains subject to Shopify's terms, policies, permissions, and technical availability

4. Your Content and Generated Output

4.1 Your Content

You retain your rights in the catalog data, images, instructions, prompts, brand guidance, and other material you submit or make available to the Service ("Your Content"). You grant us and our service providers a worldwide, non-exclusive, limited license to host, copy, transmit, analyze, modify, display, and otherwise process Your Content as reasonably necessary to provide, secure, support, and maintain the Service and comply with law.

You represent that you have all rights, permissions, notices, and lawful bases necessary for us to process Your Content as described in these Terms and the Privacy Policy. Do not submit regulated, highly sensitive, or confidential information that is not necessary for a catalog task.

4.2 Generated Output

Subject to your compliance with these Terms, as between you and Lumi, you may use content generated specifically for you by the Service ("Output") for your business. To the extent we own transferable rights in that Output, we assign those rights to you upon generation. This does not transfer rights in the Service, templates, software, models, documentation, or third-party material.

Output may not be unique, and the same or similar output may be provided to others. We do not represent that Output is copyrightable, registrable, non-infringing, accurate, or fit for a particular use. You are responsible for checking Output and securing any rights or clearances needed for your use.

5. AI, Accessibility, and Professional Review

• You must review, verify, and approve Output before publishing or relying on it
• You are responsible for your store, theme, content, claims, disclosures, intellectual property, and compliance with applicable law
• Alt text alone does not make a website accessible, and Lumi does not certify compliance with ADA, WCAG, EAA, or any other standard
• The Service does not provide legal, accessibility, tax, financial, medical, or other professional advice and does not create a professional-client relationship
• You should obtain qualified professional advice for decisions requiring legal or specialized judgment

6. Public Tools and Acceptable Use

You may submit a website or storefront URL to a public tool only if the site is yours, you are authorized to assess it, or you otherwise have a lawful basis to request the analysis. You authorize Lumi to retrieve publicly reachable pages and resources from the submitted site for that purpose.

You will not, and will not help another person to:

• Use the Service unlawfully, fraudulently, deceptively, or to violate another's rights
• Submit or generate infringing, defamatory, deceptive, discriminatory, abusive, malicious, illegal, or privacy-invasive content
• Probe, scan, scrape, crawl, test, or access a third-party system without authorization, or evade robots rules, access controls, rate limits, or security protections
• Introduce malware, interfere with the Service, overload infrastructure, or attempt to gain unauthorized access
• Reverse engineer, decompile, disassemble, extract source code or model components, or defeat technical restrictions except where law expressly permits it
• Copy, frame, mirror, resell, sublicense, or provide the Service to third parties except as expressly allowed by your plan or a written agreement
• Use Output or the Service to train a competing model or service, benchmark for public release without our written consent, or misrepresent Output as verified by Lumi
• Use another customer's account, credentials, store, data, or credits
• Remove proprietary notices or use our names or marks without permission

We may investigate suspected misuse and cooperate with lawful requests. We may remove or restrict content or activity that violates these Terms or presents a risk to the Service or others.

7. Plans, Billing, Credits, and Taxes

Shopify processes app charges through its billing systems. By approving a paid plan, you authorize recurring and any disclosed usage-based charges in accordance with the Shopify confirmation screen and your selected plan. Prices are in U.S. dollars unless stated otherwise and exclude applicable taxes.

Plans renew automatically until canceled. Uninstalling the app cancels the Shopify app subscription as provided by Shopify, but generally does not create a prorated credit for the unused part of a billing period. Plan changes, proration, deferral, freezes, and billing disputes may be handled under Shopify's then-current billing rules.

Except where law, Shopify's rules, or a written refund commitment requires otherwise, charges are non-refundable. We may issue credits or refunds in our discretion. You are responsible for taxes other than taxes based on our net income and for keeping billing information current.

Credits, quotas, scans, and other plan allowances are licenses to use plan features, not stored value or property. They have no cash value, are non-transferable, and may expire, reset, or roll over only as stated in the current plan. Suspending, downgrading, canceling, or uninstalling may end access to unused allowances and plan-only history.

We may change future prices or plan limits with advance notice required by law or Shopify. Continued use after a change takes effect constitutes acceptance of the changed price or plan, subject to any approval Shopify requires.

8. Lumi Intellectual Property and Feedback

We and our licensors own the Service and all related software, workflows, interfaces, designs, documentation, trademarks, analytics, and other technology, excluding Your Content and rights assigned in Output. These Terms grant only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service during the term for your internal business purposes and within your plan limits.

If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize it without restriction or compensation, provided we do not publicly identify you as the source without permission.

9. Partner Program

Participation in the Lumi partner program is subject to approval and any additional program terms displayed or provided to you. You must use truthful, lawful marketing and make all required advertising, endorsement, and affiliate disclosures. You may not send spam, make unsupported claims, bid on protected brand terms where prohibited, impersonate Lumi, use deceptive redirects, self-refer, or manipulate attribution.

Commissions accrue only for qualifying, verified transactions attributed under the current program rules. We may reverse or withhold commissions for refunds, chargebacks, fraud, duplicate attribution, policy violations, or mistaken payments. Payout timing, thresholds, methods, and eligibility may change prospectively on notice.

Partners are independent contractors responsible for their own taxes, licenses, disclosures, expenses, and conduct. We may suspend or terminate participation and disable referral links for program abuse or legal, reputational, security, or fraud risk.

10. Third-Party Services

The Service depends on Shopify and may use third-party hosting, databases, AI models, analytics, error monitoring, identity, email, security, and other providers. Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for third-party services, content, acts, omissions, outages, changes, or data handling, except to the extent responsibility cannot be excluded by law. Integrations may stop working if a provider changes or ends access.

11. Privacy, Confidentiality, and Security

Our Privacy Policy describes our handling of personal information. Each party will comply with applicable data-protection obligations for information it controls. If a separate data-processing agreement is legally required, contact privacy@configurate.com before submitting covered personal information not already governed by Shopify or another written agreement.

We use reasonable safeguards designed to protect the Service, but no system is completely secure. You are responsible for appropriate backups and for limiting Your Content to what the Service needs. The Service is not designed for protected health information, payment card data, government identification numbers, account passwords, or other regulated or highly sensitive personal information.

Unless the parties sign a separate confidentiality agreement, these Terms do not create a general confidentiality obligation beyond our commitments in the Privacy Policy and applicable law. Do not submit trade secrets or confidential material that is not necessary to use the Service.

12. Suspension, Cancellation, and Termination

You may stop using the Service at any time. Shopify app subscriptions may be canceled by uninstalling the app or through another cancellation method Shopify makes available.

We may suspend or terminate access immediately if you breach these Terms, fail to pay, create security or legal risk, misuse the Service, threaten other users or infrastructure, or if Shopify or another required provider suspends our access. We may also discontinue the Service or terminate for convenience on reasonable notice when practicable.

Upon termination, your license ends and you must stop using the Service. We may delete Your Content and account data under our retention practices. Published content already written to Shopify may remain in the store unless you change or remove it. Sections that by their nature should survive will survive, including ownership, payment obligations, disclaimers, liability limits, indemnity, disputes, and general terms.

13. Disclaimers

To the maximum extent permitted by law, the Service and Output are provided "as is" and "as available." Lumi and its licensors disclaim all express, implied, statutory, and other warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade.

We do not warrant that the Service or Output will be uninterrupted, secure, error-free, unique, accurate, complete, compliant, suitable for your needs, or free of harmful components; that defects will be corrected; that data will not be lost; or that use will produce rankings, traffic, revenue, accessibility, or other results. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, Lumi, its affiliates, and their officers, directors, employees, agents, suppliers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, goodwill, opportunities, or data; substitute services; security incidents; service interruption; legal claims or penalties; or reliance on Output, whether based in contract, tort, negligence, strict liability, statute, or another theory, even if advised that such damages were possible.

To the maximum extent permitted by law, the aggregate liability of Lumi and the other protected parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of $100 U.S. dollars or the amount you paid to Lumi for the Service during the 12 months before the event giving rise to liability.

These limits do not apply to liability that cannot lawfully be excluded or limited. Your payment obligations and indemnification obligations are not limited by this Section. Essential-purpose and multiple-claim theories do not increase the cap.

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Lumi, its affiliates, and their officers, directors, employees, agents, suppliers, and licensors from third-party claims, demands, investigations, proceedings, damages, judgments, settlements, penalties, losses, costs, and reasonable attorneys' fees arising out of or relating to:

• Your Content, Output as used or published by you, or your Shopify store
• Your use or misuse of the Service or public tools
• Your breach of these Terms, representations, warranties, or applicable law
• Alleged infringement, privacy, publicity, accessibility, consumer-protection, or other rights violations caused by your content, instructions, claims, or conduct
• Your partner-program promotions, referrals, disclosures, or tax obligations
• Disputes between you and your customers, staff, contractors, or other third parties

We will provide reasonable notice of a covered claim and may control its defense and settlement with counsel of our choice. You will cooperate at your expense and may not settle a claim in a way that admits fault by or imposes obligations on a protected party without our written consent.

16. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by Delaware law, without regard to conflict-of-law principles. The Federal Arbitration Act governs the arbitration provision below.

16.1 Informal Resolution

Before filing a claim, the complaining party must send a written notice describing the claimant, facts, requested relief, and contact information to legal@configurate.com and allow 30 days for a good-faith attempt to resolve the dispute. Any limitations period is tolled during that 30-day period.

16.2 Binding Arbitration

Except for the exceptions below, unresolved disputes will be finally resolved by binding, individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. One arbitrator will conduct the arbitration in English. The arbitration may occur by video, telephone, written submissions, or in Delaware, as the arbitrator directs. The arbitrator may award any individual relief available in court, but only to the extent needed to resolve the claimant's individual claim. Judgment may be entered in any court with jurisdiction.

Either party may bring an eligible individual action in small-claims court. Either party may seek temporary or injunctive relief in court to prevent unauthorized access, misuse, or infringement or misappropriation of intellectual property. Courts in Delaware have exclusive jurisdiction over permitted court proceedings, and each party consents to that jurisdiction and venue.

16.3 Class and Jury Waiver

Disputes must be brought only in an individual capacity and not as a plaintiff or class member in a class, collective, consolidated, mass, private-attorney-general, or representative proceeding. To the maximum extent permitted by law, each party waives a jury trial for any dispute not resolved in arbitration.

16.4 Arbitration Opt-Out

You may opt out of Sections 16.2 and 16.3 by emailing legal@configurate.com within 30 days after you first accept these Terms. The notice must include your name, organization, Shopify store domain if applicable, account email, and an unambiguous request to opt out. Opting out does not affect other Terms.

16.5 Time Limit

To the maximum extent permitted by law, a claim must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to it, or the claim is permanently barred.

17. Export and Sanctions Compliance

You will comply with applicable export-control, import, economic-sanctions, and anti-boycott laws. You represent that you are not prohibited from receiving the Service and will not use or make it available in an embargoed location, to a restricted party, or for a prohibited end use. We may restrict access to comply with these obligations.

18. General Terms

Force Majeure: We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, labor disputes, war, civil unrest, government action, epidemics, internet or utility failure, cyberattack, or failure of Shopify, AI providers, cloud infrastructure, or other suppliers.

Assignment: You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, financing, reorganization, or sale of all or substantially all relevant assets.

Relationship: The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, fiduciary, franchise, employment, or third-party-beneficiary relationship.

Notices: We may send notices through the Service, Shopify, email, or this website. Legal notices to us must be sent to legal@configurate.com and the mailing address below. Electronic communications satisfy written-notice requirements where permitted.

Entire Agreement: These Terms, the Privacy Policy, and applicable additional written terms are the entire agreement about the Service and supersede prior or contemporaneous understandings on that subject.

Severability and Waiver: If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will remain effective, except that an unenforceable class-waiver provision may affect the arbitration provision as required by law. A failure to enforce a provision is not a waiver. Headings are for convenience only, and "including" means "including without limitation."

19. Changes to These Terms

We may update these Terms. We will post the revised Terms and update the date above. For a material change, we may also provide notice through the Service, Shopify, or email. Unless law requires otherwise, changes apply prospectively when posted or on the stated effective date.

Continuing to use the Service after revised Terms take effect means you accept them. If you do not agree, you must stop using the Service and cancel any subscription. A change to the arbitration provision will not apply to a dispute for which the parties had actual notice before the change was posted.

20. Contact Information