Terms of Service

2. Description of the App

The App tracks sales conversions that originate from visitors referred to your Shopify store via links from the Mavira website (maviraai.com). The App collects limited order-level data for qualifying purchases, calculates commissions owed by the Merchant to Mavira in respect of those referred sales, and provides Merchants with reporting on attributed sales. The App does not monitor or collect data from general traffic on your Shopify store — only visitors who arrived via a Mavira referral link are within scope.

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; and (d) 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 of that partnership — including commission rates, payment schedules, and any promotional periods — are governed by a separate written agreement or by the Mavira Business Partnership Terms of Service, as applicable. Where the terms of that agreement conflict with these Terms on matters of commercial terms or commission, the partnership agreement controls; these Terms otherwise govern your use of the App.

3.3 Accurate Information: You represent and warrant that all information you provide to Mavira in connection with the App — including store identification, contact details, and partnership information — is true, complete, and accurate, and that you will keep it current.

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 and accessing the reporting features made available through the App.

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

5. Commissions and Billing

5.1 Commission Calculation:The App tracks qualifying purchases (as defined in the App Privacy Policy) and calculates commissions owed in accordance with the commission structure agreed between you and Mavira. The App's tracking figures are the basis for commission calculation, subject to the dispute process in Section 5.3 and to the limitations described in Section 5.5.

5.2 Payment Terms: Commission payment schedules, invoicing cadence, and payment methods are governed by your commercial partnership agreement with Mavira. Unless otherwise agreed in writing, commissions are calculated monthly.

5.3 Dispute Window: If you dispute any tracked conversion or commission calculation, you must notify Mavira in writing at team@maviraai.com within thirty (30) days of the relevant reporting period. We will review the dispute in good faith and correct any material discrepancy that is supported by evidence. Disputes not raised within this window are deemed waived, and the App's tracking figures shall be final and binding for that period.

5.4 Shopify Billing:Any charges for the App itself (as distinct from commissions owed on referred sales) will be processed through Shopify's billing systems in accordance with Shopify's requirements. At present, the App does not charge a separate subscription fee; this may change upon notice, in accordance with Section 13.

5.5 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, and consent signals communicated via Shopify's Customer Privacy API. The App is designed to respect end-visitor consent decisions, and as a result some otherwise-qualifying referrals may not be attributed because the visitor declined tracking. This is intended behavior and is not a defect or breach of these Terms. The App's tracking figures, as adjusted under Section 5.3, represent the commission-bearing universe of attributable conversions.

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.

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

6.3 Data Processing Role: For order data processed on your behalf, Mavira acts as a data processor and you act as the data controller under applicable privacy laws. A Data Processing Agreement governing this relationship is available upon request by contacting team@maviraai.com, and applies to any Merchant acting as a data controller regardless of location.

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 process that data solely as needed to provide the App's functionality, calculate commissions, and 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.

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; (c) sale of products prohibited under Shopify's Acceptable Use Policy; (d) non-payment of commissions owed; or (e) 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; (c) data handling following uninstallation is governed by the App Privacy Policy, in particular the deletion process and timelines described in §6 and §8 of the App Privacy Policy; and (d) the following Sections survive termination: 4.2 (Restrictions), 5.3 (the 30-day commission dispute bar), 7 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law and Dispute Resolution), 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 address associated with your Shopify account where practical. The updated Terms will include a revised effective date. Your continued use of the App following the effective date of any modification 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.

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, 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 or database 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. 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 and any separately executed partnership or commission agreement 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.

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 or to the email address associated with your Shopify account. 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.