These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant", "User", or "you") and SaleSense ("Company", "we", "us", or "our"), governing your access to and use of the SaleSense platform, including our website at salesense.co, our Shopify application, our API, and all related services (collectively, the "Service").
By accessing or using the Service, creating an account, or clicking "I agree" or similar, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
If you do not agree to these Terms, you must immediately cease using the Service.
If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" include that entity.
SaleSense is a Software-as-a-Service (SaaS) platform that provides AI-powered sales assistant functionality for e-commerce merchants. The Service includes:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
To use the Service, you must:
You are solely responsible for all activity that occurs under your account. You must notify us immediately at support@salesense.co if you suspect any unauthorized use of your account or any other breach of security.
We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, without notice, if we believe you have violated these Terms or applicable law.
4.1 Plans. SaleSense offers several subscription tiers, including a free Starter plan and paid plans (Growth, Business, Enterprise). Current pricing and features are described at salesense.co/pricing. We reserve the right to change pricing with 30 days' advance notice to existing subscribers.
4.2 Billing. Paid plans are billed monthly or annually in advance. For Shopify merchants, billing is processed through the Shopify Billing API. For other merchants, billing is processed through our payment provider. All fees are exclusive of applicable taxes.
4.3 No Refunds. All fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period. We do not provide pro-rated refunds for partial billing periods.
4.4 Conversation Limits. Each plan includes a monthly conversation limit. Conversations that exceed your plan limit will not be processed. We do not automatically charge for overages; you must upgrade to a higher plan.
4.5 Free Plan. The Starter plan is provided free of charge and may be modified or discontinued at any time. The free plan includes a "Powered by SaleSense" attribution notice in the chat widget.
4.6 Chargebacks. If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to immediately suspend or terminate your account and pursue recovery of amounts owed.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:
Violation of this section may result in immediate account termination without refund and may be reported to relevant authorities.
6.1 Data Controller. With respect to personal data of your store visitors and customers collected through the SaleSense widget, you are the Data Controller under GDPR and applicable privacy law. SaleSense acts as a Data Processor on your behalf.
6.2 Consent. You are solely responsible for obtaining all necessary consents from your website visitors and customers for the collection, processing, and storage of their personal data through the Service, in accordance with all applicable privacy laws.
6.3 Privacy Notice. You must maintain and display an accurate, GDPR-compliant privacy notice on your website that discloses the use of AI chat services and data processing by third parties, including SaleSense and our AI provider (Google Gemini).
6.4 Product Data. You are responsible for the accuracy, legality, and appropriateness of all product data, descriptions, prices, and other content you make available through the Service.
6.5 Data Processing Agreement. By using the Service, you enter into our Data Processing Agreement (DPA), which is incorporated into these Terms. For EU/EEA merchants requiring a separate DPA under Article 28 GDPR, please contact support@salesense.co.
7.1 Our IP. The Service, including its software, design, text, graphics, logos, and all other content, is owned by SaleSense or its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in or to the Service or our intellectual property.
7.2 License to Use. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.
7.3 Your Content. You retain ownership of all product data, brand assets, and other content you provide to the Service ("Your Content"). You grant SaleSense a worldwide, royalty-free, non-exclusive license to use, reproduce, and process Your Content solely to provide and improve the Service.
7.4 Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant us an irrevocable, perpetual, worldwide, royalty-free license to use such feedback for any purpose without compensation to you.
Each party agrees to keep confidential any non-public information of the other party disclosed in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Neither party will disclose Confidential Information to third parties without prior written consent, except as required by law or to their legal, financial, or technical advisors who are bound by equivalent confidentiality obligations.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) any defects will be corrected; (c) the Service is free of viruses or other harmful code; (d) the AI-generated content will be accurate, complete, or appropriate for any particular purpose.
AI-generated responses are produced by large language models and may contain errors, inaccuracies, or outdated information. You are solely responsible for reviewing and validating AI-generated content before relying on it for business decisions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SALESENSE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
IN ANY CASE, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless SaleSense and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any third party's rights, including intellectual property rights or privacy rights; (e) your violation of any applicable law, including data protection law; or (f) your products, services, or storefronts.
The Service may integrate with or contain links to third-party platforms, services, or websites (including Shopify, Google, WooCommerce, and others). These third-party services are governed by their own terms and privacy policies, and SaleSense has no control over and assumes no responsibility for their content, privacy practices, or policies. Your use of third-party services is at your own risk.
13.1 Term. These Terms remain in effect for as long as you use the Service.
13.2 Termination by You. You may terminate your account at any time by cancelling your subscription and ceasing use of the Service. No refunds will be issued for unused portions of a billing period.
13.3 Termination by Us. We may suspend or terminate your access to the Service immediately and without prior notice if we determine, in our sole discretion, that: (a) you have violated these Terms; (b) your use poses a security or legal risk; (c) required by law or at the direction of a regulator; or (d) your account has been inactive for more than 12 months on a free plan.
13.4 Effect of Termination. Upon termination, your right to access the Service ceases immediately. We will delete your data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 7, 8, 9, 10, 11, and 15.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 30 days' notice via email (for account holders) or by posting a prominent notice on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.
15.1 Governing Law. These Terms are governed by and construed in accordance with applicable law. For EU/EEA users, mandatory consumer protection laws of your country of residence apply and are not affected by this clause.
15.2 Informal Resolution. Before initiating any formal dispute, you agree to contact us at support@salesense.co and give us 30 days to resolve the issue informally.
15.3 EU Users. If you are a consumer located in the EU/EEA, you have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr for any disputes.
15.4 Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SALESENSE.
Entire Agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and SaleSense regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure. We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, natural disaster, or internet infrastructure failures.
For any questions regarding these Terms of Service, please contact us:
SaleSense
Email: support@salesense.co
Website: salesense.co