These Terms of Service (“Terms”) govern your access to and use of the Fudge services, including the website at https://www.fudge.ai and all related products, features, content, applications, APIs, and services (collectively, the “Services”), provided by Fudge It, Inc. (“Fudge,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not access or use the Services.
1. Eligibility
You must be at least the age of majority in your jurisdiction and capable of entering into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. Account Registration
To access certain features of the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
You agree not to share your credentials or allow others to use your account, and you must notify us immediately if you suspect unauthorized use.
3. Subscription Plans and Payments
3.1 Paid Plans
Certain features of the Services require payment of subscription or usage fees (“Fees”). Fees, billing cycles, and payment methods are described on the pricing page or in your subscription confirmation.
3.2 Billing
By providing payment information, you authorize Fudge (or our payment processor) to charge the applicable Fees, taxes, and any other charges incurred in connection with your account on a recurring basis.
3.3 Renewal & Cancellation
Subscription plans automatically renew unless you cancel prior to the next billing cycle. You are responsible for all Fees incurred through the end of your current term. Paid subscriptions are non-refundable except where required by law.
3.4 Changes to Pricing
We may update our pricing or Fees at any time. Changes will be effective at the next billing cycle after notice. Continued use of the Services after a pricing change constitutes acceptance of the new pricing.
4. Use of the Services
4.1 License
Subject to your compliance with these Terms, Fudge grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
4.2 Acceptable Use
You agree to use the Services lawfully and ethically. Prohibited activities include, without limitation:
- Violating any applicable laws or regulations
- Attempting to gain unauthorized access to the Services
- Interfering with the operation of the Services
- Using the Services to upload or distribute malware, spam, or other harmful code
- Reverse engineering or attempting to derive the source code of the Services
Fudge reserves the right to suspend or terminate access for violations.
5. Intellectual Property
5.1 Fudge IP
The Services, including all content, features, software, code, designs, and trademarks (collectively, “Fudge IP”), are owned by Fudge and its licensors and are protected by intellectual property laws. Except as expressly authorized by Fudge, you may not copy, modify, distribute, sell, or lease any part of the Services.
5.2 User Content
You retain all rights in the content you upload or generate using the Services (“User Content”). By submitting User Content to the Services, you grant Fudge a worldwide, royalty-free license to use, host, store, reproduce, modify, and display that content as necessary to provide the Services.
You represent and warrant that you have all rights required to grant this license and that your User Content does not infringe any third-party rights.
6. Data Protection
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and safeguard personal information. The Privacy Policy is incorporated into these Terms by reference.
7. Confidentiality
Each party agrees to use reasonable measures to protect confidential information disclosed by the other. Confidential information does not include information that is publicly known, independently developed, or required to be disclosed by law.
8. Disclaimers
The Services are provided “as is,” “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Fudge does not warrant that the Services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the maximum extent permitted by law, Fudge and its affiliates, officers, directors, employees, agents, and partners will not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Any claim arising out of or related to your use of the Services
In no event will Fudge’s total liability to you exceed the Fees you have paid in the 12 months preceding the event giving rise to the claim.
10. Get-It-Done Guarantee
Certain subscription plans may include access to the Fudge “Get-It-Done Guarantee” (the “Guarantee”). The Guarantee is available only on select plans as expressly identified at the time of purchase and may be modified or discontinued at any time.
Under the Guarantee, if you are unable to complete a task using the Fudge agent, Fudge may, at its discretion, provide additional assistance to help complete the task within the Services using the same tools, permissions, and technical capabilities available to you.
Scope and Limitations
The Guarantee:
- Applies only to work that Fudge is technically capable of performing within its supported scope, including creating or editing Shopify pages, sections, templates, or theme files.
- Does not apply to:
- Actions outside the Services
- Third-party tools, services, or platforms
- Custom development, bespoke engineering, or work requiring manual code review beyond Fudge’s supported capabilities
- Requests restricted by Shopify, store permissions, platform policies, or safety constraints
- Does not guarantee a specific result, business outcome, performance improvement, revenue impact, or completion within any specific timeframe.
No Agency, Employment, or Professional Services
The Guarantee does not create an agency, partnership, employment, or professional services relationship. Fudge does not act as a Shopify developer, consultant, or agency, and does not replace independent professional judgment or services.
No Warranty or Liability
The Guarantee is provided on a commercially reasonable efforts basis only. To the maximum extent permitted by law:
- The Guarantee is not a warranty, service-level agreement (SLA), or promise of successful completion.
- Fudge makes no representations that any task can or will be completed.
- Fudge will not be liable for any damages, losses, claims, or reliance arising from or related to the Guarantee.
Any assistance provided under the Guarantee remains subject to these Terms, including all disclaimers and limitations of liability.
Sole and Exclusive Remedy
To the extent permitted by law, the assistance described above constitutes your sole and exclusive remedy with respect to the Guarantee.
11. Indemnification
You agree to indemnify, defend, and hold Fudge and its affiliates harmless from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising from:
- Your use of the Services
- Your breach of these Terms
- Your User Content
12. Termination
Fudge may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason, with or without notice. Upon termination, your right to use the Services immediately ceases.
Sections that by their nature should survive termination (e.g., IP, liability, indemnification) will continue in full force.
13. Modifications to These Terms
We may update these Terms from time to time. We will notify you of material changes via email or by posting a notice in the Services. Continued use of the Services after notice constitutes acceptance of the updated Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. You agree that disputes will be resolved in the state or federal courts located in Delaware.
15. Miscellaneous
- Entire Agreement: These Terms, together with any applicable order or subscription forms, constitute the entire agreement between you and Fudge.
- Assignment: You may not assign your rights without Fudge’s prior written consent.
- Severability: If any provision is held invalid, the remaining provisions remain enforceable.
- No Waiver: Failure to enforce a right is not a waiver of that right.
16. Contact Information
If you have questions about these Terms, contact:
Fudge It, Inc.
Email: legal@fudge.ai
These Terms of Service are provided for informational purposes and do not constitute legal advice.