These Terms of Service (“Terms”) are an agreement between Fudge It, Inc. (“Fudge,” “we,” “us,” or “our”) and the business that uses our services (“you” or “your”). They govern the website at https://www.fudge.ai, the Fudge Shopify app, Fudge’s AI agents, Playbooks, integrations and APIs, and all related products, features and services (together, the “Services”).
By installing, accessing or using the Services, or by approving a Fudge charge in Shopify, you agree to these Terms. If you do not agree, do not install, access or use the Services.
Fees are non-refundable. To the extent permitted by law, everything you pay for the Services is final, including when you cancel, downgrade, do not use the Services, or are unhappy with the results. The only adjustments are the automatic Shopify adjustments described in section 7.3 and corrections of billing errors under section 8.3. Section 8 explains this in full.
1. About These Terms
1.1 Business use only
The Services are for business use only. By using them, you confirm that you are acting for the purposes of your trade, business or profession, and not as a consumer. If you use the Services for a company or other business, you confirm that you are authorized to bind that business to these Terms, and “you” means that business.
1.2 Eligibility
You must be at least the age of majority where you live, able to enter into binding contracts, and authorized to connect and manage each Shopify store you use with Fudge.
1.3 Signed agreements
If you have a separate written agreement with Fudge that is signed by an authorized officer of Fudge, it takes priority over these Terms where the two conflict. Apart from such an agreement and the Plan Details (section 6.1), nothing else changes these Terms or adds to Fudge’s commitments. This includes emails, chat and support messages, sales conversations, and marketing, website or pricing pages.
2. Accounts and Acceptable Use
2.1 Your account
You must give accurate account details and keep them up to date. You are responsible for keeping your login credentials secure, for everything done through your account, and for instructions given by you and the users you authorize. Do not share your credentials or let anyone other than your authorized users use your account. Tell us promptly at legal@fudge.ai if you suspect unauthorized access.
2.2 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 while your access is active.
2.3 Acceptable use
You must use the Services lawfully. You must not:
- Break any applicable law or regulation, or infringe anyone else’s rights
- Try to access the Services, other accounts or other systems without permission
- Interfere with or disrupt the Services or other customers’ use of them
- Upload or distribute malware, spam or other harmful code
- Reverse engineer the Services or try to derive their source code, except where the law allows this despite this restriction
3. AI Software, Not Guaranteed Results
Fudge is AI-powered software for preparing and carrying out work on ecommerce stores. Unless Fudge agrees otherwise in a signed agreement under section 1.3, it is not a managed development agency, SEO consultancy, analytics auditor, or insurer of your business performance.
The content, code and other material the Services generate for you (“Outputs”) may be inaccurate, incomplete or unsuitable, and may need revision. Individual runs may fail, stop, produce unexpected results or need several attempts. We do not promise that every instruction is feasible or that every task will succeed.
Fudge can help with SEO, AI discovery, conversion optimization, merchandising and other improvements, but it does not guarantee search rankings, indexing, traffic, leads, form submissions, conversions, sales, profit or any other commercial outcome. Business performance can change for reasons outside Fudge’s control, including demand, competition, search engines, analytics setup and other software. Reports and recommendations are for information only, may rely on incomplete or delayed third-party data, and do not prove cause and effect.
4. Store Changes, Review and Publishing
Where a feature offers a draft-and-review workflow, Fudge prepares proposed changes for you to review before they are published. Previews, diffs and change summaries vary by feature and resource, and a visual preview may not show every technical consequence. Other operations you authorize may change live resources, as described in the workflow shown to you.
A change can be published through an action you take while signed in, through an automated workflow you have expressly enabled, or on an instruction you give our support team. You are responsible for reviewing material changes and for testing business-critical functions before and after publishing, including prices, forms, checkout-related journeys, links, redirects and search settings.
A draft, a completed task or a “ready for review” message does not mean a change was published. A failure notice describes an unsuccessful attempt; it does not by itself mean the failed change reached your live store. Only a successful publish or resource-update operation shows that a live change was applied, so check the project history and your live store to confirm a change’s actual status. Publishing or approving a change does not certify that it is error-free.
You authorize Fudge to carry out instructions within the permissions and settings you enable. Scheduled workflows may generate work and use Credits (section 5), and they publish only where the workflow expressly allows it. Changes can conflict with later theme edits or with changes made by other apps. Keep your own backups: rollback and revert tools may not restore every affected resource or external dependency.
5. Credits
5.1 What Credits measure
Plans include an allowance of usage credits (“Credits”), and where we offer them you can buy additional Credits (“top-up Credits”). Credits measure AI processing and related tool operations. They do not measure successful completion, approval, publication or business results.
Generating, analyzing, researching, editing, testing, retrying and correcting work can all use Credits, including when an Output is discarded, a run fails after resources were used, Shopify rejects a staged change, or work is not published. Further attempts can use more Credits. How many Credits a task uses depends on its complexity and on the models and tools involved.
5.2 Your balance and Credit errors
Your balance is shown in the Services, although usage displays may be delayed or adjusted. You are responsible for monitoring your usage and any recurring workflows you enable.
Credits are used whenever processing runs, whether or not the work succeeds. If a deduction was duplicated or calculated incorrectly, tell us, and once we have verified it we will restore those Credits. Restoring Credits is the only remedy for a Credit error.
5.3 Credit rules
- Included Credits are allocated each month and do not roll over to the next month, unless your plan expressly says otherwise.
- Top-up Credits are subject to the validity period and terms shown when you buy them.
- Unless we agree otherwise in writing, Credits belong to a single store and cannot be transferred, pooled across stores or exchanged for cash.
- Credits have no cash value. Unused Credits, including top-up Credits, are not refunded or exchanged for money when they expire, when you downgrade or cancel, or when your access ends.
- Complimentary, trial and goodwill Credits may carry restrictions or an expiry date that we tell you about. Giving them is not an admission of fault.
6. Plans, Trials and Billing
6.1 Plans and Fees
Plan prices, included Credits, billing intervals and features are those shown to you and accepted in Fudge or Shopify when you subscribe, start a trial, buy top-up Credits or approve a charge (the “Plan Details”). Subscription fees, top-up Credit purchases and any other charges for the Services are “Fees.” Fees do not include taxes, and you are responsible for any taxes that apply to them.
6.2 Billing through Shopify
Fees are charged through Shopify’s billing system and appear on your Shopify invoice. You authorize Fudge to charge, and Shopify to collect, the Fees you approve, on a recurring basis for subscriptions. Shopify’s billing cycle for apps may differ from your store’s billing cycle, and Shopify’s own terms apply to your Shopify invoice and how you pay it.
6.3 Automatic renewal
Subscriptions renew automatically at the end of each billing period, monthly or yearly depending on your plan, at the price then in effect for your plan, until you cancel as described in section 7.
6.4 Free trials
A trial includes only the functionality described in the offer. During a trial you can create drafts, but publishing and some other actions need a paid plan. If you try one of those actions, we will ask you to start a paid plan through Shopify first, which may end your trial early. We will not treat any trial action as approval of a charge you have not been shown.
If you approved a paid plan that starts with a free trial, it converts to a paid subscription automatically when the trial ends, and Shopify starts charging the plan’s Fees, unless you cancel or uninstall the app before the trial ends. Fees charged after a trial converts are not refundable, including if you forgot to cancel or did not use the Services.
6.5 Price changes
We may change our prices. A price change takes effect from your next billing period after we give you notice, and you will be asked to approve the new price where Shopify requires it. If you do not want to continue at the new price, cancel before it takes effect.
6.6 Failed payments
If a charge fails, is declined or is reversed, we may suspend or limit your access until it is paid. You are not entitled to a refund or billing credit for the time your access is suspended or limited.
7. Cancellation and Plan Changes
7.1 Cancelling
You can cancel at any time, either in Fudge or by uninstalling the app in Shopify.
- Cancelling in Fudge stops future renewals. Your plan stays active until the end of the billing period you have already paid for, and then ends.
- Uninstalling the app also cancels your subscription and removes Fudge from your store. The rest of the billing period is not refunded, and you do not receive a billing credit for it.
- During a trial, cancelling or uninstalling ends your trial access and plan Credits straight away.
Cancelling does not reverse charges already incurred or pending on your Shopify invoice. Changes you have already published stay in your store, but features that depend on an active Fudge subscription or on other apps may stop working.
7.2 Downgrades
A downgrade, including a switch from annual to monthly billing or to the Free plan, takes effect at the start of your next billing period, and you keep your current plan until then. You do not receive a refund or billing credit for the price difference, or for Credits or features you did not use.
7.3 Upgrades and other immediate plan changes
When a plan change takes effect immediately, such as an upgrade or a switch from monthly to annual billing, Shopify’s billing system calculates the charge for the rest of the current billing period and may apply a prorated charge or a Shopify app credit. Fudge shows you an estimate before you approve the change, and Shopify sets the final amount. Your Credit allowance changes as shown on the confirmation screen.
These automatic Shopify adjustments are the only proration you will receive. Fudge does not otherwise prorate Fees, refund the difference between plans, or give billing credit for unused time.
8. No Refunds
8.1 Fees are non-refundable
To the extent permitted by law, all Fees, and any taxes charged on them, are final and non-refundable. This includes Fees for:
- Any part of a billing period, on monthly and annual plans alike, whether or not you used the Services
- Unused, expired or forfeited Credits, including included Credits and top-up Credits
- The rest of a billing period after you cancel, downgrade, uninstall the app or close your store
- A plan that started after a free trial ended
- Plan changes, apart from the automatic Shopify adjustments described in section 7.3
- Periods when your access was suspended, limited or terminated under section 6.6, 8.4 or 17
- The rest of a billing period after we discontinue the Services under section 17
You are not entitled to a refund, billing credit or other compensation because you are unhappy with an Output, an Output contains errors, a task fails, stops or needs retries, work is not published, a task cannot be completed (including under the Get-It-Done Guarantee in section 10), or your sales, traffic, rankings or other business results do not meet your expectations.
8.2 Goodwill gestures
If we give you a refund, billing credit, extra Credits or other concession in a particular case, it is a one-off goodwill gesture made at our sole discretion. It is not an admission of fault, and it does not entitle you or anyone else to the same in future.
8.3 Billing errors
If we charged you in error, for example a duplicate charge or a charge for a plan you did not approve, tell us at legal@fudge.ai within 30 days of the charge. Once we have verified the error, we will reverse the incorrect amount. A correction covers only the incorrect amount, never Fees that were correctly charged.
8.4 Payment disputes and chargebacks
Contact us at legal@fudge.ai before you dispute a charge with Shopify, your bank or your card issuer, so we can look into it. To the extent permitted by law, disputing or reversing a valid charge is a breach of these Terms: we may suspend your access while the dispute is open, and you remain responsible for the disputed amount.
8.5 Rights the law gives you
Every statement in these Terms that a payment is non-refundable, or that you are not entitled to a refund, billing credit or compensation, applies to the extent permitted by law. Nothing in these Terms removes rights that the law does not allow a contract to exclude. Section 15.3 explains how those rights are handled.
9. Support
Support is provided according to your plan and is there to help with using Fudge and with identifiable product issues. Priority channels, shared workspaces and developer assistance on some plans do not include unlimited bespoke development, managed SEO, comprehensive security reviews, cross-platform investigations, or custom forensic or accounting reports.
We may investigate reproducible product issues using reasonably available evidence, and we may ask for affected URLs, project references or other details we need. Unless agreed in a signed agreement under section 1.3, we do not promise any particular response time, a dedicated engineer or a resolution deadline.
10. Get-It-Done Guarantee
The Fudge “Get-It-Done Guarantee” (the “Guarantee”) is a support commitment that comes only with plans we identify as Scale plans at purchase, and only while that subscription is active and paid. It is not a refund, money-back or satisfaction guarantee.
10.1 What we do
If you cannot finish a task using the Fudge agent, you can ask our team for help. We will use commercially reasonable efforts to help you get it done within the Services, using the same tools, permissions and technical capabilities available to you.
10.2 Scope and limitations
The Guarantee:
- Applies only to work Fudge is technically able to do within its supported scope, such as creating or editing Shopify pages, sections, templates or theme files.
- Does not apply to:
- Actions outside the Services
- Third-party tools, apps, services or platforms
- Custom development, bespoke engineering, or manual code review beyond Fudge’s supported capabilities
- Requests restricted by Shopify, store permissions, platform policies or safety constraints
- Delays caused by missing access, materials or responses from you
- Does not guarantee that a task can or will be completed, a specific result, a business outcome, a performance improvement, a revenue impact, or completion within any timeframe. Any timeline we discuss with you is a planning estimate, not a deadline.
10.3 No refunds or compensation
If a task is not completed under the Guarantee, for any reason, you are not entitled to a refund, a billing credit, a reduction in Fees, extra Credits, or any other payment or compensation. To the extent permitted by law, the assistance described above is your sole and exclusive remedy with respect to the Guarantee.
10.4 No agency, employment or professional services
The Guarantee does not create an agency, partnership, employment or professional services relationship. Fudge does not act as your Shopify developer, consultant or agency, and does not replace independent professional judgment or services.
10.5 No warranty
The Guarantee is not a warranty or a service-level agreement (SLA). Any assistance we provide under it remains subject to these Terms, including section 15. We may change or discontinue the Guarantee, and any change applies from your next billing period.
11. Third Parties and Platform Restrictions
Fudge relies on Shopify, AI model providers, search engines and other third parties. Shopify may reject staged edits or publishing because of validation rules, permissions, conflicts, unavailable resources or API limits, and we may need to change, skip or retry an operation. If a project is only partly completed, that does not mean every proposed change went live. We are not responsible for how external systems operate, the records they keep or the decisions they make, except for Fudge’s own obligations for the integrations we support.
Fudge does not automatically control or have access to your email, quoting apps, payment systems, analytics accounts or other third-party services. Unless agreed in a signed agreement under section 1.3, your subscription does not include reconciling third-party records, tracing missed emails, or auditing your full sales or marketing funnel. You remain responsible for your third-party subscriptions, permissions, data quality and business records.
12. Activity Records and Complaints
Fudge keeps project conversations, proposed changes, publishing events, Credit usage and technical diagnostics for different lengths of time, and does not keep records indefinitely. The history you can see may not include every internal model call or operation. You can use the history available in the app and ask support for existing records, subject to availability, security, confidentiality and any access rights you have by law. Unless the law requires it or we agree in a signed agreement under section 1.3, your subscription does not include creating custom historical change logs, run-by-run audits or cause-and-effect reports.
We may review complaints and reach findings based on the evidence available. An incomplete record, or being unable to identify why a business metric changed, does not establish a product fault and does not entitle you to a refund, billing credit or compensation. We will preserve relevant records where the law requires it. A finding on one complaint does not stop you from reporting a separate, specific product defect.
13. Customer Content and Intellectual Property
13.1 Your content
You keep all rights in the content, data and materials you provide to the Services (“Customer Content”). You grant Fudge and its service providers a worldwide, royalty-free license to host, store, copy, process, modify and display Customer Content as needed to provide, secure and operate the Services, and as described in our Privacy Policy. You confirm that you have the rights needed to provide Customer Content and to authorize this use, and that it does not infringe anyone else’s rights.
13.2 Outputs
As between you and Fudge, you may use, modify and publish the Outputs generated for your store for your business, subject to third-party rights and to any separately licensed components they include. Outputs may not be unique, and they may not be protectable by copyright or other rights.
13.3 Fudge’s rights
Fudge and its licensors keep all rights in the Services, including the platform, models, proprietary methods, general-purpose code, interfaces, brands and pre-existing materials. Except for the rights these Terms expressly grant, no Fudge intellectual property is transferred to you, and you may not copy, modify, distribute, sell or lease any part of the Services.
14. Privacy and Confidentiality
Our Privacy Policy explains how we handle personal information and forms part of these Terms. Where we process personal data on your behalf and the law requires a data processing agreement, that agreement governs that processing.
Each party will use reasonable care to protect the other’s non-public confidential information. Either party may disclose it where the law requires, or to service providers bound by appropriate confidentiality obligations. Confidential information does not include information that is publicly available through no breach, independently developed, or lawfully received from someone else without restriction.
15. Disclaimers and Limitation of Liability
15.1 Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, OUTPUTS AND ANY SUPPORT OR ASSISTANCE, INCLUDING UNDER THE GUARANTEE, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT CHANGES CAN BE FULLY RESTORED, OR THAT YOU WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT.
15.2 Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUDGE AND ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, SEARCH VISIBILITY, INQUIRIES, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS.
FUDGE’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, INCLUDING CONTRACT, TORT AND NEGLIGENCE.
15.3 Rights that cannot be excluded
Some laws give you rights or remedies that a contract cannot exclude or limit. Nothing in these Terms excludes or limits those rights, or liability for fraud or anything else that cannot lawfully be limited. Where such a law allows our liability to be limited, it is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.
16. Indemnity
To the extent permitted by law, you will defend and indemnify Fudge and its affiliates against third-party claims, and the related losses, liabilities and costs (including reasonable attorneys’ fees), arising from unlawful Customer Content, infringement caused by material you provided or told us to use, or your material breach of these Terms, except to the extent caused by Fudge’s own wrongful conduct. We will give you reasonable notice of any such claim and reasonable cooperation in its defense.
17. Suspension and Termination
You can end your subscription as described in section 7.
We may suspend or terminate your access where reasonably necessary because of a material breach of these Terms, non-payment, a disputed or reversed charge, a security risk or unlawful use, subject to reasonable notice where appropriate and to applicable law. If we do, you are not entitled to a refund or billing credit for any Fees, including for the rest of a billing period or for unused Credits.
We may also discontinue the Services, or any part of them. If we discontinue the Services entirely, we will give you at least 30 days’ notice where reasonably possible and cancel your subscription so that no further Fees are charged. Fees already paid, including for the rest of an annual or monthly billing period, are not refunded.
When your access ends, your right to use the Services ends. Payment obligations that have already accrued continue to apply, as do sections that by their nature should survive, including sections 3 (AI Software, Not Guaranteed Results), 8 (No Refunds), 10.3 (No refunds or compensation), 12 (Activity Records and Complaints), 13 (Customer Content and Intellectual Property), 14 (Privacy and Confidentiality), 15 (Disclaimers and Limitation of Liability), 16 (Indemnity), 19 (Governing Law and Disputes) and 20 (General Terms).
18. Changes to the Services and These Terms
We may change, add or remove features of the Services, and we may update these Terms from time to time. Updates apply from when they take effect and do not apply to the past. We will tell you about material changes by email or with a notice in the Services, and we will ask for your acceptance where the law requires it. If you keep using the Services after an update takes effect, you accept the updated Terms. If you do not agree to an update, stop using the Services and cancel your subscription. Cancelling for this reason does not entitle you to a refund.
19. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Unless mandatory law requires otherwise, disputes will be resolved in the state or federal courts located in Delaware, and you and Fudge submit to their jurisdiction.
20. General Terms
- Entire agreement: These Terms, the Plan Details and any signed agreement under section 1.3 are the entire agreement between you and Fudge about the Services. They replace any earlier statements, proposals or descriptions about the same subject.
- Assignment: You may not assign or transfer your rights without Fudge’s prior written consent, except where the law requires otherwise. Fudge may assign these Terms as part of a reorganization, merger, or sale of all or part of its business.
- Severability: If any provision is held unenforceable, it applies to the maximum extent the law allows, and the remaining provisions stay in effect.
- No waiver: Failure to enforce a provision is not a waiver of it.
- Events outside our control: We are not responsible for delays or failures caused by events outside our reasonable control, including outages or changes at Shopify, AI model providers or hosting providers.
- Relationship: Neither party is the agent, partner or employee of the other.
- Notices: We may send you notices by email to the address on your account or through the Services. Send notices to Fudge at legal@fudge.ai.
- Language: If a translated version of these Terms conflicts with the English version, the English version controls.
21. Contact Information
If you have questions about these Terms, billing or a charge, contact:
Fudge It, Inc.
Email: legal@fudge.ai