Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the MadFish AI platform, services, and website (collectively, the "Service") provided by MadFish Solutions LLC ("MadFish AI," "we," "our," or "us"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to that organization.

2. Service Description

MadFish AI is an AI-powered e-commerce intelligence platform that provides:

• Data integration and analysis services
• AI-powered chat and insights generation
• Executive reporting and dashboard analytics
• Business intelligence and recommendations
• Data visualization and export capabilities

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice to subscribers.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing:

• Accurate and complete registration information
• A valid email address
• A secure password
• Valid payment information for paid subscriptions

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains current and accurate

3.3 Account Sharing

Account sharing is not permitted except for Enterprise plans which may include multiple user seats. Each user must have their own login credentials.

4. Subscription and Payment Terms

4.1 Subscription Plans

MadFish AI offers various subscription plans with different features and pricing. Details of current plans are available on our pricing page.

4.2 Billing

• Payment: Subscriptions are billed in advance on a monthly or annual basis
• Auto-renewal: Subscriptions automatically renew unless cancelled
• Price Changes: We may adjust prices with 30 days' notice to existing subscribers
• Taxes: Prices do not include applicable taxes, which will be added as required

4.3 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rated refunds available within 30 days of purchase
• All refund requests must be submitted through our support system

4.4 Free Trial

If we offer a free trial, it will convert to a paid subscription unless cancelled before the trial period ends. Trial features and duration may vary.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service only for lawful business purposes in accordance with these Terms.

5.2 Prohibited Activities

You agree NOT to:

• Violate any laws, regulations, or third-party rights
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Engage in any form of automated data scraping or harvesting
• Reverse engineer or attempt to extract the source code
• Use the Service to compete with MadFish AI or build a similar service
• Share false, misleading, or fraudulent data
• Exceed usage limits or API rate limits
• Resell or redistribute the Service without authorization

6. Data and Content

6.1 Your Data

You retain all rights to the data you upload or connect to the Service ("Customer Data"). You grant us a limited license to:

• Process and analyze your data to provide the Service
• Generate insights and reports based on your data
• Create aggregated, anonymized analytics (never shared with third parties)
• Store and backup your data for Service delivery

6.2 Data Accuracy

You are responsible for the accuracy and legality of Customer Data. We are not responsible for verifying the accuracy of data you provide.

6.3 AI-Generated Content

Content generated by our AI, including insights, recommendations, and reports:

• Is provided for informational purposes only
• Should be reviewed and validated before making business decisions
• May not be 100% accurate or complete
• Does not constitute professional advice

6.4 Data Deletion

Upon account termination, we will delete or anonymize your Customer Data within 90 days, except as required by law or for legitimate business purposes.

7. Intellectual Property Rights

7.1 MadFish AI Property

The Service, including all software, algorithms, designs, text, graphics, and other content provided by us, is owned by MadFish Solutions LLC and protected by intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

7.2 Feedback

Any suggestions, feedback, or ideas you provide about the Service become our property and may be used without compensation or attribution.

7.3 Third-Party Services

The Service may integrate with third-party services (e.g., BigCommerce, Google Analytics). Your use of these integrations is subject to their respective terms and policies.

8. Service Level and Support

8.1 Uptime Commitment

We strive to maintain 99.9% Service uptime, excluding:

• Scheduled maintenance (with advance notice)
• Emergency maintenance
• Third-party service outages
• Force majeure events

8.2 Support Services

Support level varies by subscription plan:

• Starter: Email support during business hours
• Growth: Priority email support with faster response times
• Scale: Priority support plus phone support
• Enterprise: Dedicated account management and 24/7 support options

8.3 Service Modifications

We may update the Service with new features or changes. Significant changes will be communicated with reasonable notice.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES

9.3 Exceptions

These limitations may not apply in jurisdictions that do not allow exclusion of certain warranties or limitation of liability.

10. Indemnification

You agree to defend, indemnify, and hold harmless MadFish AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Customer Data

11. Confidentiality

11.1 Confidential Information

Both parties may have access to confidential information. Each party agrees to:

• Protect confidential information with reasonable care
• Not disclose confidential information to third parties
• Use confidential information only for intended purposes

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach
• Was independently developed
• Was rightfully received from a third party
• Must be disclosed by law (with notice when permitted)

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination takes effect at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Cause harm to the Service or other users

12.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• Unpaid fees become immediately due
• We may delete your data after 90 days
• You may request data export within 30 days

13. Dispute Resolution

13.1 Informal Resolution

We prefer to resolve disputes informally. Please contact us at legal@madfishai.com before initiating formal proceedings.

13.2 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the American Arbitration Association rules, except where prohibited by law.

13.3 Exceptions to Arbitration

Either party may seek injunctive relief in court for intellectual property violations or breach of confidentiality.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of Ohio, USA, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable DPA, constitute the entire agreement between you and MadFish AI.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

14.6 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

15. Modifications to Terms

We may modify these Terms at any time. Material changes will be notified via:

• Email to your registered address
• In-platform notifications
• Website announcement

Continued use after changes constitutes acceptance of modified Terms.

16. Contact Information

For questions about these Terms of Service, please contact us:

17. Definitions

In these Terms:

• "Service" means the MadFish AI platform and all related services
• "Customer Data" means data you upload or connect to the Service
• "User" means an individual authorized to use your account
• "Subscription" means your paid or trial access to the Service
• "Confidential Information" means non-public proprietary information