Terms of Service

These Terms of Service (“Terms”) govern your use of the Marv: AI Email & MMS Designer application (“Marv”, “the App”) provided by Tuvion, Inc. (“we”, “us”, “our”). By installing or using the App, you agree to these Terms.

1. Description of Service

Marv is a Shopify application that uses artificial intelligence to generate email and MMS marketing designs from your product catalog. The App creates email copy, animated visual elements, and campaign templates that you can export to email service providers or download as HTML files.

2. Eligibility

You must have an active Shopify store and be authorized to install apps on that store. By using Marv, you represent that you have the authority to bind your business to these Terms.

3. Account and Access

Marv is accessed through the Shopify admin as an embedded app. Authentication is managed by Shopify’s OAuth system. You are responsible for maintaining the security of your Shopify account.

4. Billing and Payment

• Marv is offered as a monthly subscription at the price displayed on the Shopify App Store listing at the time of installation.
• All billing is processed through the Shopify Billing API. We do not collect payment information directly.
• Your subscription includes a design quota per billing period. Additional designs may be purchased at the per-design rate displayed in the App.
• A free trial is available for new installations. Trial details (duration and design quota) are displayed at the time of installation.
• You may cancel your subscription at any time by uninstalling the App from your Shopify admin.
• Refunds and credits are handled in accordance with Shopify’s billing policies. If you cancel mid-billing-cycle, you will retain access to the App for the remainder of the paid period. We do not issue partial refunds for unused portions of a billing period unless required by applicable law.

5. AI-Generated Content

• Marv generates email copy, subject lines, and design layouts using artificial intelligence. Generated content is provided as a starting point and may require your review and editing before use.
• You are responsible for reviewing all generated content before sending it to your customers. We do not guarantee that generated content is accurate, error-free, or suitable for any particular purpose.
• AI-generated content may inadvertently resemble existing copyrighted material or trademarks. We do not warrant that generated content is free from third-party intellectual property claims. You are solely responsible for reviewing generated content for potential IP issues before use.
• You retain ownership of the designs Marv creates for you. We do not claim intellectual property rights over your generated content.
• You are responsible for ensuring that your use of generated content complies with applicable laws, including anti-spam legislation (CAN-SPAM, CASL, GDPR) and advertising standards.

6. Your Content and Data

• You retain all rights to your product data, brand assets, and any content you provide to the App.
• By using Marv, you grant us a limited license to access and process your Shopify store data (products, images, brand information) solely for the purpose of generating designs and operating the App.
• We may send your data to third-party AI and infrastructure services as described in our Privacy Policy, solely to provide the App’s functionality.
• Our handling of data obtained through the Shopify API complies with Shopify’s API Terms of Service and Partner Program Agreement.

7. Acceptable Use

You agree not to:

• Use the App to generate content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to reverse engineer, decompile, or extract the AI models or algorithms used by the App
• Use the App in any way that could damage, disable, or impair the service
• Resell or redistribute access to the App or its generated content as a standalone service

8. Third-Party Integrations

• When you authorize Marv to connect to your Klaviyo account, Marv may create draft email campaigns in that account on your behalf, containing the subject line, from name, preview text, and rendered HTML for the design you generated. Marv only creates drafts — it never sends campaigns to your recipients. You remain responsible for reviewing each draft and choosing whether to send it.
• You may revoke Marv’s access to your Klaviyo account at any time from your Klaviyo account settings. Revoking access does not delete drafts that have already been created.
• For Shopify Email and other email service providers (such as Mailchimp, Omnisend, Drip, or ActiveCampaign), Marv exports your designs as a ZIP file containing HTML and animated assets. You are responsible for uploading the exported files and sending campaigns through those platforms.
• We are not responsible for the availability, accuracy, or performance of third-party services, including Klaviyo.

9. Availability and Contact

• We aim to provide reliable access to the App but do not guarantee uninterrupted service. The App may be temporarily unavailable for maintenance or updates.
• AI generation times vary depending on the complexity of the request. Generation is not instantaneous.
• For support, contact us at support@agentmarv.com.

10. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including but not limited to: lost revenue, lost profits, loss of data, or business interruption.

Our total liability for any claims arising from your use of the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that AI-generated content will be accurate, complete, or suitable for your marketing objectives.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of the App, your violation of these Terms, or your use of generated content in marketing communications.

We will indemnify and hold you harmless from third-party claims arising directly from our breach of applicable data protection laws, subject to the liability cap in Section 10.

13. Termination

• You may terminate your use of the App at any time by uninstalling it from your Shopify admin.
• We may suspend or terminate your access to the App if you materially violate these Terms. Except in cases of imminent harm or illegal activity, we will provide you with 14 days’ written notice and an opportunity to cure the violation before termination.
• We may also suspend or terminate access if required by law.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you at least 30 days in advance via the email associated with your Shopify account. If you do not agree to the updated Terms, you may uninstall the App before the changes take effect. Continued use of the App after the 30-day notice period constitutes acceptance of the updated Terms.

15. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: acts of God, internet outages, third-party service failures (including AI provider outages), government actions, or natural disasters.

16. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the App shall be resolved by binding arbitration administered in Gwinnett County, Georgia, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration. Before initiating arbitration, both parties agree to attempt to resolve the dispute through good-faith negotiation for at least 30 days. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

17. Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tuvion, Inc. regarding your use of the App and supersede all prior agreements, understandings, and representations.

20. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

21. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms. We will notify you of any such assignment.

22. Contact Us

If you have questions about these Terms, contact us at:

support@agentmarv.com
Tuvion, Inc.