These Terms of Service (“Terms”) govern access to and use of the Swishy application (“Application”), provided by Dmytro Popov (“Provider”). The Application is intended solely for use by business entities and commercial merchants. The Application is not intended for consumer use, and no consumer relationship is created under these Terms. By installing or using the Application in your Shopify store, you (“Merchant” or “Brand”) agree to be bound by these Terms. If you do not agree, you must not use the Application.

1. Description of the Service

Swishy is a software-as-a-service application designed for merchants operating on the Shopify platform. The Application enables the Merchant to enhance product page interaction and content presentation through automated and semi-automated processing tools. In particular, the Application may:

access and process product-related data made available through Shopify APIs, including but not limited to product titles, descriptions, media assets, metadata, and other store-configured information;
utilize artificial intelligence, machine learning models, or algorithmic systems to generate contextual responses, summaries, recommendations, or interface elements based on the available product data and predefined parameters;
render a user interface component, including but not limited to an overlay or embedded visual element, within the Merchant’s storefront environment for the purpose of displaying dynamically generated content;
collect and process anonymous technical interaction events, such as product interactions, add-to-cart events, or purchase confirmations, solely for analytical and performance optimization purposes;
integrate with third-party platforms, including social media services or content platforms, strictly upon explicit authorization by the Merchant and within the scope of permissions granted by such platforms.

The Application operates as a technological infrastructure tool and does not independently initiate transactions, modify store data without authorization, or make binding commercial decisions on behalf of the Merchant. All business, marketing, and operational decisions remain solely within the control and responsibility of the Merchant. The Provider does not assume any fiduciary duty, advisory role, or agency relationship with respect to the Merchant’s commercial activities.

2. AI Functionality Disclaimer

The Application may utilize artificial intelligence systems, machine learning models, automated decision-support mechanisms, or other algorithmic processing technologies. The Merchant expressly acknowledges and agrees that:

any AI-generated content, responses, recommendations, summaries, or outputs are generated automatically based on available input data and predefined parameters;
such outputs are probabilistic in nature and may be inaccurate, incomplete, outdated, biased, context-dependent, or otherwise imperfect;
AI-generated responses do not constitute legal, financial, marketing, business, or professional advice;
the Provider does not review, verify, or guarantee the factual correctness of AI-generated outputs prior to display.

The Merchant remains solely and exclusively responsible for:

evaluating the appropriateness of any AI-generated output;
determining whether and how to rely on such output;
all commercial, operational, marketing, and pricing decisions made in connection with the Merchant’s business.

The Provider does not guarantee:

any specific increase in conversion rate, revenue, sales, engagement, or other business metrics;
that AI outputs will meet the Merchant’s expectations;
that the Application will produce measurable performance improvements.

To the fullest extent permitted by applicable law, the Merchant assumes all risks associated with reliance on AI-generated outputs. Nothing in the Application shall be interpreted as creating an advisory, fiduciary, consultancy, agency, partnership, or joint venture relationship between the Provider and the Merchant.

3. Third-Party Integrations and Content

The Application may integrate with third-party services, platforms, APIs, or content sources, including but not limited to social media platforms, advertising systems, analytics tools, or content distribution services, strictly upon explicit authorization by the Merchant. Such integrations are performed solely within the scope of permissions granted by the Merchant and subject to the applicable terms and policies of the respective third-party platforms. The Merchant represents, warrants, and undertakes that:

it possesses all necessary rights, licenses, permissions, and lawful bases to access, use, reproduce, distribute, display, or otherwise make available any content transmitted through or processed by the Application;
where required by applicable law, it has obtained valid consent from third parties, including authors, creators, influencers, or individuals appearing in such content;
the use of such content through the Application does not infringe intellectual property rights, personality rights, image rights, data protection rights, or any other rights of third parties;
it complies with the terms of service, platform rules, and API usage policies of all third-party services connected to the Application.

The Provider does not independently verify the legality, ownership, or licensing status of content supplied or authorized by the Merchant. The Provider acts solely as a neutral technological intermediary and infrastructure provider and shall not be deemed a publisher, editor, or content controller of Merchant content. The Merchant agrees to indemnify, defend, and hold harmless the Provider from and against any and all claims, demands, proceedings, liabilities, damages, losses, fines, penalties, costs, or expenses (including reasonable legal fees) arising out of or related to:

the Merchant’s use of third-party content;
alleged infringement of intellectual property or other rights;
violation of third-party platform terms;
failure to obtain required permissions or consents.

4. License and Intellectual Property

4.1 License to Merchant Content

The Merchant grants the Provider a limited, non-exclusive, non-transferable, revocable license to access, use, reproduce, process, store, transmit, and display content supplied or authorized by the Merchant solely for the purpose of operating, maintaining, improving, and providing the Application. This license shall remain in effect only for the duration of the Merchant’s use of the Application and shall automatically terminate upon uninstalling or terminating the service, subject to any legal retention obligations. The Provider acquires no ownership rights in Merchant content.

4.2 Ownership of the Application

All rights, title, and interest in and to the Application, including but not limited to: source code and object code; architecture and system design; algorithms and artificial intelligence models; machine learning methodologies; user interface and visual design; documentation and know-how; databases and data structures; trademarks, branding, and trade names, are and shall remain the exclusive property of Dmytro Popov. No rights are granted to the Merchant other than the limited right to use the Application in accordance with these Terms.

4.3 AI Outputs

Unless otherwise agreed in writing, AI-generated outputs produced through the Application may be used by the Merchant within its own storefront operations. However, the Merchant shall not:

use AI-generated outputs to train competing machine learning systems;
extract, replicate, or reverse engineer AI model logic;
systematically reproduce outputs to create derivative AI tools.

The Provider retains all rights in the underlying AI systems, models, and processing methodologies.

4.4 Restrictions

The Merchant shall not, and shall not permit any third party to:

copy, reproduce, distribute, sublicense, lease, or commercially exploit the Application;
reverse engineer, decompile, disassemble, or otherwise attempt to derive source code;
create derivative works based on the Application;
circumvent technical protection measures;
scrape, harvest, or systematically extract data from the Application;
attempt unauthorized access to servers, APIs, or infrastructure.