Profit Analyst Terms
These terms ("Terms") govern your use of Profit Analyst by Obsess AI (the "App"), an app for Shopify provided by Obsess AI Inc ("Obsess AI," "we," "our," or "us"). "You" means the merchant that installs the App. By installing or using the App, you agree to these Terms, including the Data Processing Addendum in section 13 and our Profit Analyst Privacy Policy.
If you have a signed agreement with us for a custom version of the App, that agreement governs where it differs from these Terms.
1. The Service
The App reads your store's orders, products and discounts through Shopify, combines them with the costs you give it, and shows your profit per order, product, discount and shipping method. It finds where you may be losing money, answers your questions, and proposes changes. It makes a change in your store only when you approve it.
We may improve, add or remove features. If a change materially reduces what the App does for you, we will tell you in the App before it takes effect.
2. Eligibility and Your Account
- You need an active Shopify store, and you must be able to agree to these Terms for the business that owns it.
- You are responsible for who on your staff can use the App and for what they do in it, including on phones they sign in to.
- Tell us at once if you believe someone is using the App on your store without permission.
3. Fees and Billing
3.1 App Store Installs
The App is billed by usage, through Shopify's billing, at the rates shown on the App's Shopify App Store listing and in the App. Charges appear on your Shopify bill. You can set a monthly spending limit in the App; the App stops starting new work that would take you over it.
3.2 Custom Installs
If we installed a custom version of the App for you, fees, limits and payment terms are those in your agreement with us.
3.3 Changes and Refunds
- We may change rates with 30 days' notice in the App. A change applies only to usage after it takes effect.
- Fees for usage already incurred are non-refundable, except as required by law.
4. Changes in Your Store
The App changes something in your store, such as a discount or a product price, only after you approve that specific change.
- Each proposed change shows what it will do before you approve it. You decide whether to approve it, and you are responsible for the changes you approve.
- You can undo a change the App made, from the App, as long as the item in your store is still as the App left it. The App checks your store before it undoes anything.
- The App never changes an order, and it never contacts your customers.
- The App records which staff member approved each change.
5. Your Responsibilities
- Give the App accurate costs and figures. Its results depend on them.
- Review proposed changes before approving them, and check that they fit your pricing, promotions, contracts and the law where you sell.
- Have a lawful basis, and give any notice your customers are owed, for the store data the App processes on your behalf.
- Upload only files you have the right to share with us.
- Follow Shopify's terms and policies.
6. Estimates, Not Guarantees
Profit figures, savings, losses and results the App shows are estimates and measurements based on your store's data and the costs you give it.
They can be wrong or incomplete, for example when a cost is missing or Shopify does not report a figure. We do not guarantee any savings, profit or outcome. The App's answers are produced with AI and may contain errors. Use your own judgment before acting on them.
7. Acceptable Use
You agree not to:
- Use the App for anything illegal, or to break Shopify's terms
- Attempt to reverse engineer, hack, overload or get around the limits of the App
- Access another store's data through the App
- Resell the App or offer it as part of a competing service
8. Ownership
We own the App and its software. You own your store's data, the costs and files you give us, and the reports and findings the App produces for you. You give us permission to process that data only to provide the App to you, as described in section 13.
9. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not warrant that the App will be uninterrupted or error-free, that its figures or answers will be accurate or complete, or that using it will achieve any particular result.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OBSESS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Loss of profits, revenue, or business opportunities
- Loss of data
- Business interruption
- Damages resulting from changes you approved in your store
Our total liability shall not exceed the amount you paid us for the App in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Obsess AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the App, the changes you approve in your store, your violation of these Terms, or your violation of any third-party rights.
12. Uninstalling and Termination
- You can stop using the App at any time by uninstalling it from your Shopify admin. Usage already incurred is still billed.
- We may suspend or end your access for a breach of these Terms, for non-payment, if required by law, or if we discontinue the App (with reasonable notice).
- After you uninstall, your data is deleted as described in section 13.8 and in the Privacy Policy. Download any reports you want to keep before you uninstall.
- Sections that by their nature should survive termination remain in effect.
13. Data Processing Addendum
This addendum applies when the App processes personal data on your behalf, including your customers' data and your staff's data. It forms part of these Terms.
13.1 Roles
You are the controller of the personal data in your store. Obsess AI is your processor. We process it only to provide the App to you.
13.2 Your Instructions
We process personal data only on your documented instructions. These Terms, your settings and your use of the App are those instructions. If we are required by law to process it otherwise, we will tell you first unless the law forbids it. We will tell you if we believe an instruction breaks data protection law.
13.3 What We Process
Of your customers, only the shipping state or province, the first three characters of the ZIP or postal code, and a keyed one-way hash of the Shopify customer id, for each order. Of your staff, the Shopify user id and name of those who sign in on a phone or approve a change. The full list, with how long each is kept, is in the Privacy Policy. We process it for as long as the App is installed, plus the deletion period in 13.8.
13.4 Confidentiality
Everyone we allow to process your data is bound by confidentiality, and gets only the access their work needs.
13.5 Security
We keep technical and organizational measures in place to protect your data, including:
- collecting only the customer fields listed in 13.3;
- encryption in transit (TLS) and at rest;
- private file storage that blocks public access, with every file read, write and delete logged and the logs kept for one year;
- analyses run in isolated containers with a short-lived token limited to your store, and every store read logged;
- access to production systems limited to authorized staff;
- a written security and incident response policy.
13.6 Subprocessors
You authorize us to use these subprocessors:
| Subprocessor | What for |
|---|---|
| Amazon Web Services | Our servers, file storage, the session database, and the cache and job queue. Location: United States (us-east-1). |
| MongoDB Atlas | The app's database (settings, findings and history). It runs on Amazon Web Services. Location: United States (us-east-1). |
| Render | Hosts the app pages you open in your Shopify admin and on your phone. |
| Anthropic (Claude API) | The analyst. It receives the store figures, costs and questions it needs to answer you. Under Anthropic’s commercial terms, data sent through its API is not used to train its models. |
| Deepgram | Speech to text, only when you use hold to talk on the phone app. Every request asks Deepgram not to use the audio to improve its models. |
| Apple, Google, Mozilla or Microsoft push services | Deliver notifications to a phone, only when a staff member turns them on. The message is encrypted for that phone and carries a finding’s title and amount, never a customer or an order. |
We bind each subprocessor to data protection terms that protect your data at least as well as this addendum, and we remain responsible for them. Before we add or replace a subprocessor that will receive your data, we will update this list and the Privacy Policy. If you object to a new subprocessor on reasonable data protection grounds, tell us; if we cannot address your objection, you may stop using the App by uninstalling it.
13.7 Data Subject Requests
We help you answer your customers' requests. Shopify sends us its
customers/data_requestandcustomers/redactrequests for your store, and we act on them as described in the Privacy Policy: we remove a customer's hash from your stored orders on a redact request, and on a data request we find what we hold for that customer and send it to you when you ask. For any other request, email us and we will help within a reasonable time.13.8 Deletion at the End
When you uninstall, the App's access to your store ends at once. Shopify sends us its
shop/redactrequest 48 hours later, and we delete your store's files and database records 48 hours after that (about 4 days after you uninstall), unless you install the App again first. Earlier versions of deleted files are removed from our file storage automatically after 7 days, and encrypted database backups expire on their own schedule. We keep only the record of what we billed, which holds no customer data. You can ask us to delete your data sooner by email.13.9 Security Incidents
If we confirm a security incident that affects your personal data, we will notify you without undue delay and within 72 hours of confirming it, and Shopify where required. We will tell you what happened, what data was affected, what we have done, and what you should do, and we will give you the information you need to meet your own obligations to your customers and regulators.
13.10 Audits
On reasonable request, we will give you the information you need to show that we meet this addendum, including answers to security questionnaires and a description of our security measures. Where that is not enough, and with reasonable notice, we will cooperate with an audit by you or an auditor you appoint who is bound by confidentiality, no more than once a year unless an incident or a regulator requires it.
13.11 Transfers
Our own servers and databases are in the United States (Amazon Web Services and MongoDB Atlas, us-east-1). Where the law that applies to you requires a transfer mechanism for data sent to us or our subprocessors, we will work with you to put one in place.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Any disputes arising from these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit.
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.
15. Changes to These Terms
We may update these Terms. We will post the new version on this page with its date, and tell you in the App before a significant change takes effect. Your continued use of the App after a change takes effect means you accept it.
16. Contact Us
Obsess AI Inc
12430 Farmstead Dr
Frisco, Texas 75033
United States
Email: aman@obsessai.com
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