1. Acceptance and Scope
These Terms of Service ("Terms") constitute a legally binding agreement between you and ArchwayAI LLC ("ArchwayAI, " "we," "us," or "our") governing your access to and use of the ArchwayAI website (www.archwayai.com), the ArchwayAI SaaS analytics platform (the "Platform"), the ArchwayAI Pixel SDK, APIs, and all related services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.
You must be at least 18 years of age to use the Services. Our Data Processing Agreement governs data processing activities and is incorporated by reference.
2. Definitions
- "Platform" — the ArchwayAI SaaS analytics application and dashboard.
- "Merchant" or "Customer" — the subscribing e-commerce business that uses the Services.
- "End Consumer"— a visitor or buyer on a Merchant's storefront whose data flows through the Platform.
- "Pixel SDK" — the ArchwayAI JavaScript tracking code installed on Merchant storefronts.
- "Merchant Data"— all data imported from the Merchant's connected integrations (Shopify, Meta, Google Ads, Klaviyo) and collected via the Pixel SDK on the Merchant's behalf.
- "Service Data" — aggregated, de-identified, and anonymized data derived from Platform usage that cannot be traced to any individual Merchant or End Consumer.
3. Account Registration and Security
To use the Platform, you must register for an account and provide accurate, complete information. You are responsible for:
- Maintaining the accuracy of your account information.
- Safeguarding your account credentials and any API keys issued to you.
- All activities that occur under your account.
Each Shopify store may be connected to one ArchwayAI organization. You must notify us immediately of any unauthorized access to your account.
4. Service Description
ArchwayAI provides an e-commerce intelligence platform that includes:
- Cross-channel marketing attribution — connecting ad spend to revenue across Meta, Google Ads, Klaviyo, and organic channels.
- Identity resolution — linking anonymous browsing sessions to known customer records across touchpoints.
- AI-powered commerce analysis — generating data-driven insights and recommendations.
- First-party data collection — via the Pixel SDK installed on Merchant storefronts.
- Integrations — with Shopify, Meta Marketing API, Google Ads API, and Klaviyo.
5. Subscription and Payment
- Access to the Platform requires a paid subscription. Subscription plans and pricing are described on our Pricing page.
- Subscriptions are billed on a monthly or annual basis, as selected at the time of purchase, and automatically renew unless cancelled.
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
- We reserve the right to modify pricing with at least 30 days' notice before the next billing period.
- All fees are non-refundable except as required by applicable law or as otherwise stated in a separate agreement.
6. Merchant Obligations
As a Merchant using the Services, you agree to:
- Lawful basis: Ensure you have a lawful basis to collect and share End Consumer data with ArchwayAI, including obtaining any required consents under applicable data protection laws.
- Privacy policy disclosure: Update your storefront privacy policy to disclose the use of the ArchwayAI Pixel SDK and the categories of data it collects.
- Consent management: Implement a consent management mechanism (e.g., the Shopify Customer Privacy API or equivalent) to provide End Consumers with choices about data collection.
- Data protection compliance: Comply with all applicable data protection laws, including GDPR, CCPA/CPRA, and any local laws relevant to your jurisdiction.
- Prohibited data: Not submit to the Platform any data that constitutes: Social Security numbers, government IDs, protected health information (PHI), full payment card numbers, or data about children under 16.
- Data subject requests: As the Data Controller for End Consumer data, you are responsible for responding to data subject requests. ArchwayAI will assist you as described in our DPA.
7. Pixel SDK Terms
- The Pixel SDK collects pseudonymous identifiers, behavioral data, and marketing attribution parameters as described in our Privacy Policy.
- The Pixel SDK respects consent signals from the Shopify Customer Privacy API. When an End Consumer denies consent, the pixel limits data collection accordingly.
- You must disclose the use of the Pixel SDK in your storefront privacy policy and cookie notice.
- ArchwayAI may update the Pixel SDK from time to time. You are responsible for keeping your installation current.
- The Pixel SDK is provided for use only on your own storefronts. You may not install it on sites you do not own or operate.
8. Third-Party Platform Integrations
8.1 Meta Marketing API / Facebook Business Tools
- By connecting your Meta ad account, you authorize ArchwayAI to access ad campaign data via the Meta Marketing API on your behalf.
- You represent and warrant that you have the authority to grant ArchwayAI access to the connected Meta ad accounts.
- ArchwayAI complies with the Meta Platform Terms, Meta Developer Policies, and the Supplemental Terms for the Meta Marketing API.
- Data obtained through the Meta Marketing API will be used and handled in accordance with Meta's requirements. ArchwayAI will not use Meta data to: build independent user profiles, share data with other advertisers or data brokers, or perform automated decisioning on ad spend without your explicit approval.
- You may disconnect your Meta integration at any time through the Platform. Upon disconnection, Meta-sourced data will be deleted in accordance with our data retention policy (within 30 days).
- Meta data deletion requests received via the Data Deletion Callback are processed within 30 days.
- If Meta revokes ArchwayAI's API access, features dependent on Meta data may be degraded or unavailable. ArchwayAI is not liable for service limitations caused by Meta's actions.
8.2 Shopify
- By connecting your Shopify store, you authorize ArchwayAI to access store data via Shopify's OAuth flow with the following scopes:
read_orders,read_customers,read_products. - ArchwayAI complies with the Shopify API License and Terms of Use.
- We implement Shopify's mandatory GDPR webhooks (
customers/redact,shop/redact,customers/data_request).
8.3 Google Ads
- By connecting your Google Ads account, you authorize ArchwayAI to access campaign performance data via OAuth. Refresh tokens are stored encrypted.
- ArchwayAI complies with the Google Ads API Terms and Conditions and the Google API Services User Data Policy.
8.4 Klaviyo
- By providing a Klaviyo API key, you authorize ArchwayAI to access account metadata and campaign performance data for cross-channel analytics.
9. AI Features and Disclaimers
- AI-powered features use third-party LLM providers (OpenAI, Anthropic) and are provided for informational purposes only.
- AI-generated insights do not constitute financial, legal, or professional advice. You should independently validate all AI-generated recommendations before acting on them.
- ArchwayAI does not guarantee the accuracy, completeness, or reliability of AI-generated outputs. AI outputs may contain errors, inaccuracies, or biases.
- AI features may be updated, modified, or discontinued at any time without prior notice.
- Data sent to LLM providers for processing is subject to those providers' data processing terms. ArchwayAI sends only aggregated, anonymized data — not raw PII.
10. Data Ownership and Licenses
- Merchant Data: You retain all ownership rights in your Merchant Data. You grant ArchwayAI a limited, non-exclusive license to process Merchant Data solely to provide the Services.
- Service Data: ArchwayAI may create and use Service Data (aggregated, de-identified, and anonymized) for benchmarking, product improvement, and marketing purposes. This license survives termination of the agreement.
- Platform IP: ArchwayAI retains ownership of the Platform, its algorithms, models, user interfaces, and all intellectual property therein. Nothing in these Terms transfers ownership of ArchwayAI intellectual property to you.
- Feedback: If you provide suggestions, ideas, or feedback about the Services, ArchwayAI may use them without obligation or compensation to you.
11. Intellectual Property
The ArchwayAI name, logo, and all related trademarks, trade names, and service marks are the property of ArchwayAI LLC. All software, code, design, and content comprising the Services are protected by intellectual property laws.
You may not:
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Platform.
- Copy, modify, or create derivative works based on the Services, except as expressly permitted.
- Remove, alter, or obscure any proprietary notices in the Services.
12. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Scrape, crawl, or use automated means to access the Services beyond the provided APIs.
- Circumvent rate limits, security measures, or access controls.
- Transmit malware, viruses, or other harmful code.
- Interfere with or disrupt the Services or the servers and networks connected to the Services.
- Resell, sublicense, or provide access to the Services to third parties without ArchwayAI's prior written consent.
- Use the Services in any manner that infringes, misappropriates, or violates any third party's rights.
13. Service Availability
- ArchwayAI strives to maintain high availability of the Platform but does not guarantee uninterrupted access.
- We may perform scheduled maintenance with reasonable advance notice.
- ArchwayAI is not liable for service interruptions caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet or telecommunications failures, third-party platform outages, or other force majeure events.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- ARCHWAYAI'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ARCHWAYAI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- IN NO EVENT SHALL ARCHWAYAI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY.
- ARCHWAYAI IS NOT LIABLE FOR: (a) ACTIONS OR INACTIONS OF THIRD-PARTY PLATFORMS (META, SHOPIFY, GOOGLE, KLAVIYO); (b) DECISIONS MADE BASED ON AI-GENERATED RECOMMENDATIONS; (c) DATA LOSS RESULTING FROM YOUR FAILURE TO MAINTAIN BACKUPS; (d) UNAUTHORIZED ACCESS RESULTING FROM YOUR FAILURE TO SAFEGUARD ACCOUNT CREDENTIALS.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Indemnification
- By Merchant:You agree to indemnify, defend, and hold harmless ArchwayAI and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your violation of these Terms; (b) your violation of any applicable law or third-party rights; (c) your collection, use, or sharing of End Consumer data in violation of applicable data protection laws; (d) your Merchant Data or content.
- By ArchwayAI:ArchwayAI will indemnify and defend you against third-party claims alleging that the Platform infringes a third party's intellectual property rights, provided you promptly notify ArchwayAI and provide reasonable cooperation.
16. Term and Termination
- These Terms are effective upon your first access to the Services and remain in effect until terminated.
- Either party may terminate the subscription with 30 days' written notice.
- Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure the breach within 15 days of receiving notice.
- ArchwayAI may suspend your access immediately if we reasonably believe your use of the Services poses a security risk, violates applicable law, or violates these Terms.
- Effect of termination: Upon termination, your access to the Platform ceases. You may request an export of your Merchant Data within 30 days of termination. After 30 days, all Merchant Data will be permanently deleted in accordance with our Privacy Policy.
- Surviving provisions: Sections 10 (Data Ownership), 11 (IP), 14 (Limitation of Liability), 15 (Indemnification), 17 (Dispute Resolution), and 18 (Miscellaneous) survive termination.
17. Dispute Resolution
- Governing law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.
- Informal resolution: Before initiating formal dispute resolution, the parties agree to attempt to resolve disputes informally by contacting each other. Either party may send a written notice of the dispute, and the parties will negotiate in good faith for at least 60 days.
- Arbitration: Any dispute not resolved informally shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration shall take place in Delaware, United States, and shall be conducted in English.
- Class action waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
- Exception:Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
18. Miscellaneous
- Entire agreement: These Terms, together with the Privacy Policy, DPA, and any Order Forms, constitute the entire agreement between you and ArchwayAI regarding the Services.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
- No waiver:ArchwayAI's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Assignment:You may not assign these Terms without ArchwayAI's prior written consent. ArchwayAI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
- Notices: All notices must be in writing and delivered by email or certified mail. Notices to ArchwayAI should be sent to legal@archwayai.com.
- Amendments:ArchwayAI may modify these Terms at any time. For material changes, we will provide at least 30 days' notice. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.
Contact
For questions about these Terms, contact us at legal@archwayai.com.
ArchwayAI LLC