Terms of Service

2. Description of the App

The App is an embedded admin application that integrates with your Shopify store to (a) track sales conversions originating from visitors who arrived at your store via links from the Mavira website (maviraai.com); (b) calculate commissions owed by you to Mavira in respect of those attributed sales; (c) submit those commissions to Shopify as usage records under a Shopify-managed recurring app subscription, so that Shopify itself collects payment from you on Mavira's behalf; and (d) provide you with reporting on attributed sales and resulting commissions through an embedded admin interface.

The App does not monitor or collect data about general traffic on your Shopify store; only visitors who arrived via a Mavira referral link are within scope of the App's end-customer data collection.

Full details of the data the App collects and how it is processed are set out in our App Privacy Policy.

3. Eligibility and Account Requirements

3.1 Merchant Requirements:To install and use the App, you must (a) operate a legally established business entity; (b) maintain an active Shopify account in good standing; (c) have the authority to install third-party applications on the Shopify store in question; (d) have the authority to approve recurring app charges on that store through Shopify's billing system; and (e) comply with all applicable laws and regulations in your operation of that store.

3.2 Partnership Relationship: Use of the App is intended for Merchants who have entered, or intend to enter, a referral partnership with Mavira. The commercial terms governing that partnership exist on two complementary levels:

The Shopify-managed subscription is the operational instrument through which commissions are billed and collected; the Partnership Terms (where in effect) govern the broader commercial relationship. Where the two conflict on a matter of commercial substance (for example, a Partnership-Terms-negotiated commission rate that differs from the in-App default), the Partnership Terms control as between you and Mavira, and Mavira will reconcile any difference outside of Shopify-managed billing. The mechanics of Shopify-managed billing themselves — including the cap, the Shopify-approved subscription terms text, and the trial — are governed by Section 5 of these Terms.

3.3 Installation Does Not Constitute Partnership Acceptance: The App is technically installable by any Shopify Merchant. If you install the App without Mavira having pre-registered your store as an approved partner, you will be able to complete installation, but the App will not create a Shopify-managed subscription for your store and no commissions will accrue or be billed until Mavira's operations team has reviewed and approved your store as a referral partner. In that situation, the App does not present the dashboard; instead it displays an "invitation" screen explaining that the App is for Mavira brand partners and offering paths to apply or to identify yourself as an existing partner, and an internal alert is generated so that Mavira can follow up with you about onboarding. If your store has been pre-registered as an approved partner, installation instead routes you into the App's in-app onboarding flow described in Section 5.2, and you will not gain access to the App's dashboard until you have completed that flow, including approving the Shopify-managed subscription. Installation of the App alone does not constitute Mavira's acceptance of any commercial partnership, does not entitle you to any guaranteed onboarding or partnership status, and does not commit Mavira to delivering referral traffic to your store.

3.4 Accurate Information: You represent and warrant that all information you provide to Mavira in connection with the App — including store identification, business contact email, and partnership information — is true, complete, and accurate, and that you will keep it current. You acknowledge that operational and billing-related communications described in these Terms and the App Privacy Policy will be sent to the business contact email you provide.

4. License to Use the App

4.1 Grant of License: Subject to your compliance with these Terms, Mavira grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App solely for the purpose of tracking Mavira-referred sales on your Shopify store, accessing the reporting features made available through the App, and operating the Shopify-managed subscription described in Section 5.

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

5. Commissions, Billing, and Shopify-Managed Subscription

This Section 5 describes how commissions are calculated, how they are billed and collected, and the rights and obligations associated with the Shopify-managed subscription that the App creates on your behalf. Because billing is administered through Shopify, certain aspects of this section operate alongside Shopify's billing system; you remain bound by Shopify's terms with respect to that system.

5.1 Commission Calculation: The App tracks qualifying purchases — defined in the App Privacy Policy as purchases made by visitors who arrived at your store via a Mavira referral link — and calculates a commission on each such purchase. Unless a different rate has been agreed in writing between you and Mavira and recorded in your partner record, the commission is four percent (4%) of the pre-tax/pre-shipping order subtotal (i.e., the order amount before taxes and shipping fees), in the order's transaction currency.

The commission for an order is not a fixed, one-time figure. It is reconciled to the order's current subtotal whenever the order changes after the sale — for example, on a refund, an order edit, or a cancellation — by recomputing the applicable rate against the order's then-current subtotal. As described in Sections 5.4 and 5.6, this means a later change to an order can reduce the commission (a partial refund or downward edit), increase it (an upward edit), or zero it (a full refund or cancellation), and may give rise to an additional charge or to an internal credit applied against your future commissions.

The App's tracking and calculation figures, as so reconciled, are the basis for commission billing, subject to (a) the dispute process in Section 5.8, (b) the refund, edit, and cancellation handling described in Section 5.6, and (c) the tracking limitations described in Section 5.7.

5.2 Shopify-Managed Recurring App Subscription: Installing the App does not by itself create a Shopify-managed subscription or initiate any charge. After installation, the App guides you through a short in-app onboarding flow — an introductory step, a step in which you enable the App's referral tracker in your store theme, and a billing step — and the Shopify-managed recurring app subscription is created only when you reach the billing step and actively choose to proceed (by selecting "Continue to approval," or, where a prior subscription was declined, "Restart subscription"). At that point the App initiates the creation of the subscription on your behalf and directs you — via a redirect that opens outside the embedded admin window, because Shopify's approval page cannot be displayed inside it — to a Shopify-hosted approval page that displays the subscription terms exactly as Mavira provides them. A Merchant who installs the App but does not complete the billing step never has a subscription created and is never left with a pending charge. The subscription appears on your Shopify bill as the "Mavira 4% Commission Plan," and the subscription terms text presented at approval is, verbatim: "Flat 4% commission on every attributed order. Billed monthly based on referral sales from maviraai.com."

You may at any time view, and where Shopify permits, modify or cancel your subscription through your Shopify admin.

5.3 Trial Period: Each new subscription created through the App begins with a trial period, the default duration of which is one hundred eighty (180) daysfrom the subscription start date, and which Mavira's operations team may pre-configure to a different value per-Merchant prior to installation. During the trial:

5.4 Billing Cycle and Collection:Following the trial, the App submits a usage record to Shopify for each attributed order, typically promptly after the order is recorded by the App. Shopify aggregates usage records over each monthly billing period and bills you on Shopify's standard app-billing cycle. Shopify, not Mavira, initiates collection and processes payment. Mavira does not see your payment instrument and is not party to the financial transaction between you and Shopify other than as the eventual recipient of remitted funds.

Because the commission for an order is reconciled to its current subtotal (Section 5.1), an order that is edited upward after the sale can increase the commission for that order; in that case the App submits an additional usage record to Shopify for the incremental amount, which will appear on a subsequent Shopify bill. Conversely, where an order shrinks below the amount already billed for it, the over-charge cannot be reversed through Shopify and is instead handled as an internal credit against your future commissions (Section 5.6). Where an additional charge cannot be submitted at the time (for example, because the current cap has been reached or the subscription is not active), the incremental amount is recorded and retried under the same mechanism that applies to cap-exceeded commissions (Section 5.5).

Mavira does not issue separate invoices for commissions billed through Shopify. Any historical or out-of-cycle commission amounts that arise outside the Shopify-managed subscription flow — including amounts agreed under the Partnership Terms that fall outside the Shopify-managed flow (Section 3.2), reconciliations of refunds (Section 5.6), or post-uninstall reconciliations (Section 12.4) — will be handled separately between you and Mavira.

5.5 Capped Amount and Cap-Raise Approval:Shopify requires every usage-based app subscription to have a "capped amount" — a per-billing-period ceiling on how much Shopify will collect on the developer's behalf in any one period. The initial capped amount for the App is one thousand U.S. dollars ($1,000.00 USD)per billing period, unless Mavira's operations team has pre-configured a different value for your Merchant account. The capped amount reflected by the App is always the amount you have most recently approved; any proposed increase that is awaiting your approval is tracked separately and does not take effect until you approve it.

The capped amount is not a cap on commissions owed. It is a per-period ceiling on what Shopify will collect through the subscription. When your accrued commissions in a billing period approach the cap (specifically, at or above 80% of the current cap) — whether through new attributed orders or through an upward edit to an existing order (Section 5.4) — the following occurs:

A daily background job re-checks cap thresholds across all active subscriptions as a safety net for the inline check described above.

5.6 Refunds, Edits, and Cancellations; Commission Credits: The App receives Shopify's refunds/create, orders/updated, and orders/cancelled webhooks. On any of these signals, the App automatically reconcilesthe affected commission to the order's current subtotal, rather than treating the original commission as fixed:

Because Shopify's billing API does not support reversing a usage record once it has been submitted, the following applies whenever an order shrinks below the amount already billed for it (a partial refund, a downward edit, or a cancellation of an already-billed order):

If you believe a refund, edit, cancellation, or credit has not been correctly reconciled, follow the dispute process in Section 5.8.

5.7 Tracking Limitations:You acknowledge that referral tracking depends on factors outside Mavira's control, including end-visitor browser behavior, cookie acceptance and rejection, ad blockers, privacy tools, consent decisions communicated via Shopify's Customer Privacy API, Global Privacy Control (GPC) signals sent by the visitor's browser, third-party storefront customizations, and ordinary delivery latency in Shopify webhooks. The App is designed to respect end-visitor privacy decisions and will not set the mavira_refcookie where consent is required and not given; in addition, where the visitor's browser sends a GPC signal, the App sets no cookie, deletes any existing one, and performs no attribution for that visitor, overriding any other consent signal. As a result, some otherwise-qualifying referrals may not be attributed. This is intended behavior and is not a defect or breach of these Terms.

Attribution also depends on the App's referral tracker remaining enabled in your store theme. Enabling the tracker is a step you complete during onboarding (Section 5.2), and you are responsible for keeping it enabled. If it is switched off — for example, by a theme change, a theme republish, or uninstalling and reinstalling the App — the App cannot attribute the sales it refers to your store, and while the tracker remains off, no commissions are recorded for that period. To help you keep it enabled, the App checks your storefront once per day (as described in Section 4.3 of the App Privacy Policy) and, if it cannot find the tracker, presents an in-product prompt in place of the dashboard asking you to re-enable it and stating that no commissions are recorded while it is off. Conversions that occur while the tracker is disabled, and that are therefore not attributed, are not recoverable as commissions; their non-attribution is intended behavior and is not a defect or breach of these Terms.

The App's tracking figures, as adjusted under Sections 5.6 and 5.8, represent the commission-bearing universe of attributable conversions for purposes of these Terms.

5.8 Dispute Window: If you dispute any tracked conversion, commission calculation, cap-raise charge, or refund reconciliation, you must notify Mavira in writing at team@maviraai.com within thirty (30) daysof the relevant Shopify billing-cycle invoice date or, where applicable, within thirty (30) days of the date of the disputed event (whichever is later). We will review the dispute in good faith and correct any material discrepancy that is supported by evidence, including by initiating a reconciliation under Section 5.4 or a credit under the Partnership Terms. Disputes not raised within this window are deemed waived, and the App's tracking figures and the corresponding Shopify-issued invoice shall be final and binding for that period.

This Section 5.8 does not limit any non-waivable consumer or merchant-protection rights you may have under applicable law, and is without prejudice to your separate billing-dispute rights with Shopify in respect of Shopify-issued charges.

5.9 Subscription State Changes and Self-Service Restart: The Merchant-side state of the subscription (active, trial, pending approval, declined, frozen, cancelled, or expired) is determined by Shopify and may change without notice from Mavira — for example, where you cancel the subscription in your Shopify admin, where a payment failure causes Shopify to freeze the subscription, or where the subscription expires. The App reflects Shopify's communicated state and will pause usage-record submission whenever the subscription is not active. Mavira is not responsible for commissions that cannot be billed due to a non-active subscription state initiated by you or by Shopify.

If your subscription is declined, cancelled, or expired, the App offers an in-product "Restart subscription" action that re-creates the Shopify-managed subscription on the same terms (including the same capped amount and the same verbatim terms text in Section 5.2) and routes you back through Shopify's approval page, without requiring you to reinstall the App. This is the same subscription-creation step used at the billing stage of the in-app onboarding flow (Section 5.2). A restart does not reset or extend your trial: it reuses your existing trial-end date, so if your original trial period has already elapsed, billing eligibility resumes immediately, and if it has not, you keep only the days remaining. A subscription that Shopify reports as frozen (for example, following a payment failure) is not self-service restartable through this action; in that case the App directs you to contact Mavira at business@maviraai.com.

5.10 Test Mode:In Mavira's non-production development environments, the App may operate in Shopify's billing test mode, in which subscriptions are created but no actual funds are collected. Test mode is an environment-wide setting, is not a per-Merchant toggle, and is disabled in production. If you are a development or sandbox Merchant participating in a Mavira test environment, this fact will be communicated to you separately.

6. Merchant Data and Shopify API Access

6.1 Authorized Access:By installing the App, you authorize Mavira to access, retrieve, and process data from your Shopify store through the Shopify API to the extent necessary to deliver the App's functionality, subject to the access scopes granted during installation (currently limited to the read_orders scope and such other scopes as Shopify may require for app subscription, webhook, and shop-identification functions). This authorization is separate from, and in addition to, the subscription-approval consent described in Section 5.2.

6.2 Scope Limitation:Mavira will access only the data necessary for the App's stated purpose (referral attribution, commission calculation, Shopify-managed billing, and the operational communications described in our App Privacy Policy) and will disregard order data not associated with a Mavira referral, as further described in our App Privacy Policy.

6.3 Data Processing Role: For end-customer order data processed on your behalf, Mavira acts as a data processor and you act as the data controller under applicable privacy laws. For data relating to you as a Merchant (including your business contact email, subscription metadata, and the commission ledger maintained in connection with our commercial relationship with you), Mavira acts as a data controller. A Data Processing Agreement governing the processor relationship is available upon request by contacting team@maviraai.com, and applies to any Merchant acting as a data controller regardless of location.

6.4 Merchant Obligations Regarding End-Customer Data and Consent: You are responsible for (a) maintaining a publicly accessible privacy policy on your storefront that adequately discloses the use of the Mavira referral cookie and any other data collection effected by the App's theme extension; (b) deploying and correctly configuring a consent-management framework on your storefront (including via Shopify's Customer Privacy API where applicable) so that the consent signals required in your customers' jurisdictions are presented to the App in accordance with applicable law; and (c) responding, as the data controller, to any end-customer data-subject requests with respect to attribution data the App processes on your behalf, with Mavira's assistance as described in the App Privacy Policy.

The App is designed to respect end-visitor privacy decisions: it sets the referral cookie only where the surfaced consent signal permits, and it unconditionally honors a Global Privacy Control (GPC) signal by setting no cookie and performing no attribution, overriding all other signals. The App does not, however, perform geolocation or determine the visitor's jurisdiction or whether a consent framework is legally required there; where no consent framework is detected on your storefront and no GPC signal is present, the App will set the cookie. You acknowledge that this design depends on your having deployed adequate consent infrastructure, and that Mavira is not responsible or liable, as between you and Mavira, for any violation of privacy or data-protection law (including any resulting claim, fine, or penalty) that arises from your failure to deploy or correctly configure the consent infrastructure required for your customers' jurisdictions. This allocation of responsibility is in addition to your indemnification obligations under Section 11 and does not purport to waive any non-waivable rights of end customers or any liability that cannot be excluded under applicable law (see Section 10.3).

7. Intellectual Property

7.1 Mavira IP:The App, and all associated software, algorithms, attribution logic, reporting interfaces, documentation, trademarks, and other materials (together, the "Mavira IP"), are owned by Mavira or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited license granted in Section 4, no rights in or to the Mavira IP are transferred to you.

7.2 Merchant Data:As between you and Mavira, you retain all ownership rights in the Shopify order data processed by the App. You grant Mavira a limited, non-exclusive, worldwide, royalty-free license to access, process, and retain that data solely as needed to (a) provide the App's functionality, (b) calculate, bill, and reconcile commissions through the Shopify-managed subscription, (c) maintain the records required for accounting, tax, and dispute-resolution purposes (see the App Privacy Policy), and (d) comply with legal obligations.

7.3 Aggregated Data: Mavira may generate and use aggregated, anonymized, or de-identified data derived from App usage and referral-attributed transactions for any lawful purpose, including product improvement, analytics, and benchmarking, provided that such data does not identify you, your store, or your customers.

7.4 Feedback:If you provide Mavira with feedback, suggestions, or ideas regarding the App ("Feedback"), you grant Mavira a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the App or any other Mavira product, without obligation to compensate you or provide attribution.

8. Representations and Warranties

You represent and warrant that:

10. Limitation of Liability

10.1 Exclusion of Certain Damages: IN NO EVENT SHALL MAVIRA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAVIRA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap:SUBJECT TO SECTION 10.3, MAVIRA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL COMMISSIONS PAID OR PAYABLE BY YOU TO MAVIRA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

10.3 Exceptions:The limitations in Sections 10.1 and 10.2 do not apply to: (i) liability that cannot be excluded or limited under applicable law (including, in the EEA/UK, liability for death, personal injury, or under Article 82 of the GDPR or UK GDPR); (ii) a party's gross negligence or willful misconduct; (iii) Mavira's indemnification obligations, if any; (iv) a party's breach of its confidentiality obligations under Section 15; or (v) a party's infringement of the other party's intellectual property rights.

10.4 Essential Basis: YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MAVIRA, AND WOULD APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mavira, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

12. Term and Termination

12.1 Term: These Terms take effect when you install the App and continue until the App is uninstalled or until these Terms are otherwise terminated as described in this Section.

12.2 Termination by You: You may terminate these Terms at any time by uninstalling the App from your Shopify store. On uninstall, Shopify will automatically cancel the Shopify-managed subscription created on your behalf; Mavira does not separately cancel the subscription. Uninstalling is distinct from the in-app restart described in Section 5.9 (which re-creates a subscription without reinstalling) and from reinstalling the App: if you reinstall, the App creates a fresh Shopify-managed subscription that you must re-approve, and a record of your prior subscription is retained for billing reconciliation. Because uninstalling the App stops the storefront tracker, on reinstall the onboarding flow (Section 5.2) resumes at the step where you confirm the tracker is enabled, and you must re-confirm that the tracker is enabled before re-approving the subscription. As with restart, reinstalling does not reset your trial. If you reinstall before your data has been deleted (see Section 12.4(c) and the App Privacy Policy), your previously recorded sales data may be preserved rather than re-created.

12.3 Termination by Mavira: Mavira may suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent, manipulative, or abusive conduct affecting referral attribution, the Shopify-managed subscription, or the usage-record flow; (c) sale of products prohibited under Shopify's Acceptable Use Policy; (d) non-payment of commissions owed (whether through Shopify-managed billing or through any separately invoiced reconciliation); (e) revocation, decline, or freezing of the Shopify-managed subscription that is not promptly remedied; or (f) discontinuation of the App.

12.4 Effect of Termination: Upon termination: (a) your license to use the App ends immediately; (b) any commissions owed to Mavira through the termination date remain due and payable. Operationally: (i) any commissions already submitted to Shopify as usage records before the termination date will appear on your final Shopify-issued bill and will be collected by Shopify on the next applicable billing cycle, without any separate invoice from Mavira; (ii) any commissions accrued during the trial period that had not been submitted are discarded along with the per-order data during deletion, and you will not be billed for them; and (iii) any commissions accrued post-trial but not yet submitted to Shopify at the time of termination (for example, accrued during a period in which the cap was exceeded but had not yet been raised) will be reconciled separately between you and Mavira in accordance with the Partnership Terms (Section 3.2) and Section 5.4; (b-1) if, at termination, you hold an unused commission credit (Section 5.6) — that is, Mavira has billed you, through Shopify, more than the final reconciled commission for one or more orders — there are no future commission charges against which the credit can be netted, and in that case Mavira retains a record of the outstanding credit, is alerted to it internally, and will either settle it with you out of band or reapply it against future commissions if you later reinstall the App (the credit record is retained for this purpose and is otherwise removed through the data-deletion paths described in the App Privacy Policy); (c) data handling following uninstallation is governed by the App Privacy Policy, in particular the deletion process and timelines described in §§7 and 10 of the App Privacy Policy; and (d) the following Sections survive termination: 4.2 (Restrictions), 5.4 (post-uninstall reconciliation and absence of separate Mavira invoicing for Shopify-billed amounts), 5.6 (refund, edit, and cancellation reconciliation, and the treatment of commission credits, for usage records already submitted), 5.8 (the 30-day dispute bar), 6.4 (allocation of consent responsibility), 7 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law and Dispute Resolution), 15 (Confidentiality), and any other provision that by its nature should survive.

13. Modifications

Mavira reserves the right to modify these Terms at any time. For material changes, Mavira will provide at least thirty (30) days' notice before the updated Terms take effect, via the App interface and by email to the business contact email associated with your partner record where practical. Material changes that affect commercial terms — for example, a change to the default commission rate, the default trial length, or the initial cap — will additionally be reflected, where required by Shopify, by Mavira proposing an updated Shopify-managed subscription that you must approve through Shopify's billing approval flow before the changed terms apply to you. Continued use of the App following the effective date of any modification (or, where applicable, the approval of an updated Shopify-managed subscription) constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to uninstall the App.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution: Before filing any claim, you agree to first contact Mavira at team@maviraai.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

14.3 Binding Arbitration:Any dispute, claim, or controversy arising out of or relating to these Terms or the App that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the seat of arbitration in the State of Delaware. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

14.4 Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AND MAVIRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

14.5 Exception for Equitable Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Delaware to prevent actual or threatened infringement of its intellectual property or confidential information.

14.6 Shopify-Billing Disputes:Disputes specifically concerning charges issued by Shopify under the Shopify-managed subscription — as distinct from disputes about commission calculation, attribution, or reconciliation handled by Mavira under Section 5.8 — are governed by the terms of your billing relationship with Shopify and may be subject to Shopify's own dispute processes. Nothing in these Terms purports to limit those processes.

15. Confidentiality

Each party agrees to maintain the confidentiality of any non-public, proprietary, or commercially sensitive information disclosed to it by the other party in connection with the App (including commission structures, referral volumes, billing caps, and tracking methodologies), and to use such information only for purposes of performing under these Terms. This obligation survives termination for a period of three (3) years, and indefinitely with respect to trade secrets.

16. Force Majeure

Mavira shall not be liable for any failure or delay in performance under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, governmental action, labor disputes, failures of telecommunications or internet providers, failures of third-party platforms (including Shopify or Mavira's hosting, database, or email providers), cyberattacks, or pandemics.

17. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without Mavira's prior written consent, except that you may assign these Terms to a successor in interest in connection with a merger, acquisition, or sale of substantially all of your assets, provided the successor agrees in writing to be bound by these Terms and is eligible to install and use the App under Section 3. Mavira may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this Section is void.

18. Miscellaneous

18.1 Entire Agreement: These Terms, together with the App Privacy Policy, the Shopify-approved subscription terms presented to you at approval, and any separately executed Partnership Terms between you and Mavira, constitute the entire agreement between the parties with respect to the App and supersede all prior or contemporaneous communications, whether oral or written, on the subject matter of these Terms.

18.2 Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

18.3 No Waiver:Mavira's failure to enforce any right or provision of these Terms shall not constitute a waiver of that or any other right or provision.

18.4 Relationship of the Parties: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18.5 Notices:Mavira may provide notices to you via the App interface, via Shopify's standard merchant communication channels, or to the business contact email associated with your partner record. You may provide notices to Mavira by email to team@maviraai.com or by mail to the address in Section 19.

18.6 Export Compliance: You represent that you are not located in, and will not use the App from, any country subject to U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.