Terms of Service

By installing, accessing, or using the Athenix application ("Service") — whether through the Shopify App Store or any other means — you ("Merchant", "you", or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference.

These Terms constitute a legally binding agreement between you and Athenix JSC, a company incorporated in Hanoi, Vietnam ("Athenix", "we", "us", or "our"). If you do not agree, do not install or use the Service.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Athenix provides an AI-powered product personalisation and recommendation engine for Shopify stores. The Service analyses anonymised visitor behaviour and store catalogue data to surface contextually relevant product suggestions, cross-sells, and bundles in real time.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where material changes are made, we will provide reasonable notice.

• You must be at least 18 years old and have a valid Shopify store to use the Service.
• You are responsible for maintaining the confidentiality of your Shopify account credentials.
• You must promptly notify us of any unauthorised use of your account at support@athenix.ai.
• One account per Shopify store. Sub-accounts or agency access must be granted through Shopify's staff permissions.

4.1 Plans

Athenix is offered on subscription plans as described on our Pricing page. Features and usage limits vary by plan. We may introduce new plans or modify existing ones with at least 14 days' notice.

4.2 Billing

All billing is processed through Shopify Billing in accordance with Shopify's Partner Revenue Share Agreement. Subscription fees are charged on a recurring basis (monthly or annually) starting from the date of plan activation. All amounts are exclusive of applicable taxes unless stated otherwise.

4.3 Free trial

Where a free trial is offered, it begins on the date of installation. At the end of the trial period, you will be charged unless you uninstall the app or downgrade to a free plan before the trial expires.

4.4 Refunds

Subscription fees are non-refundable except where required by applicable law or at our sole discretion. To request a refund, contact us within 7 days of the charge at support@athenix.ai.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Scrape, reverse-engineer, decompile, or attempt to extract the source code of the Service.
• Circumvent usage limits, resell, sublicense, or otherwise commercialise the Service without our written consent.
• Transmit malware, spam, or any content that is fraudulent, misleading, or harmful.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Use the Service in connection with illegal products, adult content, regulated firearms, or any category prohibited by Shopify's Acceptable Use Policy.

We reserve the right to suspend or terminate access immediately for any violation of this section.

6.1 Our IP

The Service, including its recommendation algorithms, dashboard, branding, and documentation, is and remains the exclusive property of Athenix. These Terms do not grant you any ownership rights in the Service.

6.2 Your data

You retain ownership of your store data and content. By using the Service, you grant Athenix a limited, non-exclusive, royalty-free licence to access, process, and analyse your store data solely to provide and improve the Service as described in our Privacy Policy.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Athenix the right to use such feedback without restriction or compensation.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, and to use it only for the purpose of performing under these Terms. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that recommendation results will meet any particular revenue or conversion targets. Any estimated uplift figures cited in our marketing materials are illustrative and not guaranteed.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATHENIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ATHENIX IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED POUNDS STERLING (£100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above may not apply to you in full. Nothing in these Terms excludes or limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded by law.

You agree to defend, indemnify, and hold harmless Athenix, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

11.1 By you

You may terminate these Terms at any time by uninstalling the Athenix app from your Shopify admin. Your subscription will remain active until the end of the current billing period; no partial-period refunds are issued unless required by law.

11.2 By us

We may suspend or terminate your access immediately if: (a) you breach these Terms and fail to remedy the breach within 5 days of notice; (b) we are required to do so by law; (c) we reasonably believe your use poses a security or legal risk to Athenix or other merchants; or (d) you fail to pay fees when due.

11.3 Effect of termination

Upon termination, your right to use the Service ceases immediately. We will retain and then delete your data in accordance with our Privacy Policy. Sections 6, 8, 9, 10, and 13 shall survive termination.

We may update these Terms from time to time. We will notify you of material changes via email or a prominent in-app notice at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and uninstall the app before the effective date.

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws of your country of residence provide otherwise.

Before initiating any formal proceedings, the parties agree to attempt to resolve disputes informally by contacting us at support@athenix.ai. We will respond within 10 business days.

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Athenix regarding the Service and supersede all prior agreements.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force.
• Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or in connection with a merger or acquisition.
• Force majeure. Neither party shall be liable for failure to perform obligations due to causes beyond their reasonable control.

For legal enquiries regarding these Terms, please contact: