Effective Date: August 26, 2025
Last Updated: August 26, 2025
1. Acceptance of Terms
By installing, accessing, or using MattressAI ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not use our Service.
2. Description of Service
MattressAI is an AI-powered customer service application for Shopify merchants that provides:
- Intelligent chat assistance for customers
- Product knowledge and recommendations
- Real-time inventory integration
- Customer analytics and insights
- Automated customer support capabilities
3. User Accounts and Registration
3.1 Account Creation
- You must have a valid Shopify store to use our Service
- You must provide accurate and complete information
- You are responsible for maintaining account security
- You must be at least 18 years old or the age of majority in your jurisdiction
3.2 Account Responsibilities
- Maintain the confidentiality of your account credentials
- Notify us immediately of any unauthorized access
- You are responsible for all activities under your account
- Ensure compliance with Shopify's Terms of Service
4. Permitted Use
4.1 License Grant
We grant you a limited, non-exclusive, non-transferable license to use the Service for your business purposes in accordance with these Terms.
4.2 Restrictions
You may not:
- Reverse engineer, decompile, or disassemble the Service
- Use the Service for illegal or unauthorized purposes
- Violate any applicable laws or regulations
- Interfere with or disrupt the Service
- Use the Service to compete with MattressAI
- Share account credentials with unauthorized parties
5. Subscription and Billing
5.1 Subscription Plans
- Various subscription tiers are available
- Pricing is as displayed on our website or in the app
- All fees are in USD unless otherwise specified
- Taxes may apply based on your location
5.2 Billing Terms
- Subscriptions are billed in advance on a recurring basis
- Charges are non-refundable except as required by law
- You authorize us to charge your payment method
- Failed payments may result in service suspension
5.3 Plan Changes and Cancellation
- You may upgrade, downgrade, or cancel at any time
- Changes take effect at the next billing cycle
- Cancellation stops future billing but doesn't provide refunds
- Data may be deleted 30 days after cancellation
6. Data and Privacy
6.1 Data Ownership
- You retain ownership of your store and customer data
- We may use aggregated, anonymized data for service improvement
- Our AI models may learn from your data to improve responses
- You grant us necessary rights to provide the Service
6.2 Data Protection
- We implement reasonable security measures
- We comply with applicable privacy laws
- See our Privacy Policy for detailed information
- You are responsible for your own data backup
7. Intellectual Property
7.1 MattressAI Property
- We own all rights to the Service, including software, algorithms, and AI models
- Our trademarks, logos, and brand elements are our property
- You may not use our intellectual property without permission
7.2 Your Content
- You retain rights to your store content and data
- You grant us rights to use your content to provide the Service
- You represent that you have rights to all content you provide
8. Service Availability and Support
8.1 Service Level
- We strive for 99.9% uptime but do not guarantee uninterrupted service
- Maintenance windows may cause temporary unavailability
- We provide support via email and documentation
8.2 Support
- Support is provided during standard business hours
- Premium support may be available for higher-tier plans
- We aim to respond to support requests within 24 hours
9. Limitation of Liability
9.1 Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.2 Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
9.3 Excluded Damages
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of applicable laws
11. Termination
11.1 Termination by You
- You may terminate at any time by canceling your subscription
- Termination is effective at the end of your billing period
11.2 Termination by Us
We may terminate your access immediately if you:
- Breach these Terms
- Engage in fraudulent activity
- Violate applicable laws
- Fail to pay fees when due
11.3 Effect of Termination
- Access to the Service will cease
- Data may be deleted after 30 days
- Outstanding fees remain due
- Certain provisions survive termination
12. Modifications
We may modify these Terms at any time. Material changes will be communicated via:
- Email notification
- In-app notifications
- Website posting
Continued use after changes constitutes acceptance.
13. Governing Law and Disputes
13.1 Governing Law
These Terms are governed by the laws of Missouri, United States, without regard to conflict of law principles.
13.2 Dispute Resolution
- Disputes will be resolved through binding arbitration
- Arbitration will be conducted by the American Arbitration Association
- You waive the right to participate in class actions
- Emergency injunctive relief may be sought in court
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between us regarding the Service.
14.2 Severability
If any provision is found unenforceable, the remainder of these Terms will remain in effect.
14.3 Waiver
Failure to enforce any provision does not constitute a waiver of our rights.
14.4 Assignment
You may not assign these Terms without our consent. We may assign our rights at any time.
15. Contact Information
For questions about these Terms:
Email: legal@themattressai.com
Address: 148 Crestmont Cir, Wildwood, MO 63040
Support: system@themattressai.com
These Terms are effective as of the date first written above and supersede all prior agreements.