Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Exil AI (“Pickup”, “we”, “us”) and the Shopify merchant or business that installs or uses the Pickup application (“you”, the “Merchant”). By installing, accessing, or using Pickup you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use Pickup. If you use Pickup on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Pickup is an AI voice abandoned-cart recovery tool for Shopify. On your instruction and configuration, Pickup may, on your behalf:

• place automated outbound telephone calls to your shoppers using a clearly-AI voice agent;
• record and transcribe those calls, and generate summaries, sentiment, and outcomes;
• send recovery emails containing the shopper’s checkout link and any discount you enable;
• create single-use discount codes in your store when you enable that feature; and
• present analytics, transcripts, recordings, and recovered-revenue reporting in your dashboard.

Pickup is a tool that acts on your configuration and direction. We do not control, and make no judgment about, who you choose to contact or the lawfulness of contacting them — that is your responsibility (Section 5).

You must be at least 18 years old, operate a valid Shopify store, and provide accurate information. You are responsible for activity under your store’s installation of Pickup and for your settings — including calling hours, the agent and its persona, discount configuration, and your sending domain. Pickup relies on the access Shopify grants at install; you authorize us to access and process your store data as needed to provide the service.

Pickup’s calls are conducted by an artificial-intelligence voice agent, not a human. The agent is instructed to behave honestly, to identify that it is an AI assistant if a person asks, and to honor an opt-out the moment it hears one. You acknowledge that AI systems can make mistakes; you are responsible for reviewing your configuration and for the content the agent is permitted to discuss (for example, the knowledge base and discount codes you provide).

You are solely responsible for ensuring that every call, recording, message, and email Pickup makes or sends on your behalf is lawful. In particular, at your own expense, you must:

• have a valid lawful basis — including any prior express consent that applies — to contact and to record each shopper that Pickup reaches for you;
• comply with all laws and regulations governing telephone, voice, and electronic marketing and unsolicited communications in every market where you operate — including, as applicable, the U.S. Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, federal and state Do-Not-Call rules, CAN-SPAM, the EU/UK GDPR and ePrivacy rules, Canada’s CASL, and their equivalents;
• honor opt-out, unsubscribe, and do-not-contact requests, and not attempt to contact anyone who has opted out; and
• keep your own records of the consent you rely on.

As between you and us, you are the data controller of your shoppers’ personal data and Exil AI acts only as your processor. We provide opt-out tooling (do-not-call suppression, an unsubscribe link, and immediate honouring of a spoken opt-out) to help you, but using it does not transfer your responsibility to us. We are not responsible for, and you assume all liability for, any claim, penalty, fine, or damage arising from communications you direct Pickup to make.

Pickup may record and transcribe recovery calls to operate the service — to produce your dashboard transcripts, summaries, and outcomes, to make call recordings available where your plan includes them, for quality and support, and to keep the service secure. You are solely responsible for providing any notice of recording and obtaining any consent that applicable law requires before a call is recorded, including “two-party” / “all-party” consent laws in certain U.S. states and equivalent rules elsewhere; where your jurisdiction requires an in-call recording disclosure, you are responsible for ensuring one is given. Call recordings and transcripts are personal data, retained as described in our Privacy Policy and deleted on a customer-redaction request. We do not use call audio to biometrically identify any person, and we do not sell it or use it to train third-party models.

You agree not to use Pickup to:

• contact anyone without the lawful basis required by Section 5, or after they have opted out;
• send unlawful, deceptive, harassing, threatening, or misleading content, or impersonate any person;
• promote goods or services whose marketing is restricted or prohibited in the recipient’s jurisdiction;
• upload personal data you are not permitted to share, or data of anyone under 18;
• interfere with, overload, reverse-engineer, or attempt to circumvent the service, its rate limits, or its security; or
• violate Shopify’s terms, API terms, or Protected Customer Data requirements.

We may suspend or terminate access immediately if we reasonably believe you have breached this section.

Pickup is offered on subscription plans billed through Shopify on a recurring monthly basis, plus optional one-time credit top-ups. Each paid plan includes a monthly allotment of calling credits and a weekly recovered-revenue allowance; calls consume credits, and Pickup pauses new calls when you exhaust your credits or reach your allowance until they renew or you upgrade. Credits have no cash value, are not transferable, and except where required by law are non-refundable. Custom (“Scale”) plans are governed by a separate order or quote. We may change plans, prices, credit values, and allowances on a going-forward basis; continued use after a change takes effect means you accept it. All charges are processed by Shopify under your Shopify billing agreement, and you authorize the recurring charge when you subscribe.

Pickup includes an optional referral program. Your store is issued a referral code you may share with other merchants, and you may apply another store’s code to your own store. Taking part is voluntary, and the program is offered at our discretion on the terms in this section.

Eligibility. A referral code may only be applied by a live Shopify store. Development and partner stores, and stores that have not launched (for example, a store still behind a password page), cannot apply a code. A store may apply one referral code, once, ever, and once applied that code cannot be changed, swapped, or moved to another store. You may not apply your own code, and codes may not be used between stores that refer one another.

How credits are earned. Both the referring store and the store that applies the code earn credits, and each side’s amount is set by the plan that side holds at the moment the code is applied. That amount is fixed at that point: changing plan afterwards does not re-price a referral that has already been applied, in either direction. No credits are earned when a code is applied. Credits are earned only after the referred store has completed, and been charged for, its first genuine recovery call to one of its own shoppers. A free demo call, a call that never connects, and any call that results in no charge do not qualify.

Limits. A referring store may be paid for at most 100 referrals per calendar month. Referrals beyond that limit are not lost: they keep their place in the order they qualified and are paid in later months as capacity allows. A store may be paid for a lifetime maximum of 1,000 referrals in total. Once a store reaches that maximum it stops earning referral credits, but its code continues to work and every store that applies it is still paid its own credits in full. Both limits apply only to what the referring store earns; they never affect whether a code can be used, or what the store using it receives.

Credits have no cash value. Referral credits are a promotional benefit, not money or property. They are not redeemable for cash, not transferable or assignable between stores or people, and are non-refundable; they may be used only to pay for use of Pickup. Section 8 applies to them in full.

Abuse, and our discretion. We may withhold, reduce, revoke, or reverse referral credits, disable a store’s access to the referral program, and change, suspend, or end the program at any time, with or without notice. This includes, without limitation, where we reasonably believe there has been abuse or fraud, self-referral, referrals between stores under common ownership or control, fake, duplicate, automated, or artificially created stores, misrepresentation of Pickup to obtain a referral, or any other attempt to manipulate the program or the limits above — and where the underlying charge is reversed, refunded, or charged back. Credits already granted may be removed by an adjustment to your balance. We will act reasonably, and our determination on these matters is final. Nothing in this section limits any other remedy available to us, including suspension or termination under Sections 7 and 15.

Referral reporting in your dashboard is aggregate only: we do not tell you which stores used your code, and we do not tell them that you referred them.

Our handling of personal data is described in the Privacy Policy, which forms part of these Terms and serves as the data-processing terms between us: you are the controller and Exil AI is your processor for your shoppers’ personal data. To provide the service we use vetted sub-processors that process data on our behalf under contract — across telephony & voice processing, AI/large-language-model inference, email delivery, and cloud hosting & database infrastructure — and we exchange data with Shopify, the platform Pickup runs on. We support Shopify’s mandatory customer-redaction and data-request webhooks, encrypt data in transit and at rest, and isolate each store’s data. A current list of named sub-processors is available on request at support@exil.ai.

Pickup, including its software, agents, prompts, models configuration, and design, is owned by Exil AI and its licensors, and no rights are granted to you except the limited, non-exclusive, non-transferable right to use Pickup while these Terms are in effect. You retain ownership of your store data and content; you grant us the rights needed to process it to operate and improve the service consistent with the Privacy Policy. You may not copy, resell, or create derivative works of Pickup.

Pickup is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, that any call will connect, or that Pickup will recover any particular cart, sale, or amount of revenue. Any projections, estimates, or example figures shown in the product or marketing are illustrative only and are not a guarantee of results.

To the maximum extent permitted by law, Exil AI and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to Pickup, even if advised of the possibility. Our total aggregate liability for all claims relating to the service is limited to the amount you paid us for Pickup in the three (3) months before the event giving rise to the claim. Nothing in Pickup limits your sole responsibility for, and we have no liability for, any claim arising from communications you direct Pickup to make or from your failure to obtain required consent (Sections 5–7).

You will defend, indemnify, and hold harmless Exil AI and its officers, employees, and suppliers from and against any claim, demand, loss, liability, fine, penalty, or expense (including reasonable legal fees) arising out of or relating to: (a) your use of Pickup; (b) any call, recording, message, or email made or sent on your behalf, including any claim that it lacked required consent or violated a telemarketing, recording, privacy, or anti-spam law; (c) your content or data; or (d) your breach of these Terms or of applicable law.

These Terms apply for as long as Pickup is installed. You may stop using and uninstall Pickup at any time through Shopify; we may suspend or terminate the service if you breach these Terms, fail to pay, or use Pickup unlawfully, and we may discontinue the service with reasonable notice. On termination your right to use Pickup ends, and we delete your store data following Shopify’s shop-redaction request. Sections that by their nature should survive — including 5–7 and 11–14 — survive termination.

We may update these Terms; material changes are reflected by the effective date above and, where appropriate, communicated to merchants. Continued use of Pickup after a change takes effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the jurisdiction in which Exil AI is established, without regard to conflict-of-laws rules, and you submit to the exclusive jurisdiction of its competent courts, except where mandatory local consumer law provides otherwise. If any provision is held unenforceable, the remainder stays in effect. These Terms, with the Privacy Policy, are the entire agreement between us regarding Pickup and supersede prior understandings. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Our failure to enforce a provision is not a waiver.

Questions about these Terms? Email support@exil.ai.