Market Mana
Shopify

Terms of Service

Effective Date: November 11, 2025 Last Updated: November 11, 2025

Introduction

These Terms of Service ("Terms," "Agreement") govern your access to and use of Market Mana, an AI-powered marketing calendar application for Shopify merchants, provided by eBerce d.o.o. (registration number: 5787882000, VAT ID: SI90207777), with its registered office at Dunajska cesta 106, Ljubljana, 1000 Ljubljana, Slovenia (referred to as "Market Mana," "we," "us," or "our").

By installing, accessing, or using Market Mana (the "Service," "Application," or "App"), you agree to be legally bound by these Terms. If you are using the Service on behalf of a business, company, or other legal entity (a "Merchant"), you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Important Legal Notices

For EU, UK, and Swiss Users

These Terms incorporate our Privacy Policy and Data Processing Agreement, which describe how we handle personal data in compliance with:

  • The EU General Data Protection Regulation (GDPR)
  • The UK General Data Protection Regulation (UK GDPR)
  • Swiss data protection laws
    • Our Privacy Policy is available at [link] and forms an integral part of these Terms.

    For US and Canadian Users

    BINDING ARBITRATION NOTICE: IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, SECTION 18 OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. UNLESS YOU OPT OUT AS DESCRIBED IN THAT SECTION, YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. Please read Section 18 carefully to understand your rights and obligations.

    Integration with Shopify

    Market Mana operates exclusively within the Shopify platform. Your use of Market Mana is also subject to:
  • Shopify's Terms of Service
  • Shopify's API Terms of Service
  • Shopify Partner Program Agreement
    • In case of conflict between these Terms and Shopify's terms, Shopify's terms control regarding your Shopify store and Shopify services.

    1. Description of Service

    1.1 What Market Mana Does

    Market Mana is an artificial intelligence-powered marketing calendar application designed exclusively for Shopify merchants. The Service provides:
  • AI Campaign Generation: Automated creation of personalized marketing campaign suggestions based on your store data, sales patterns, product catalog, and brand voice
  • Calendar Management: An interactive marketing calendar for planning, organizing, and tracking campaigns
  • Discount Code Automation: Automated creation of discount codes in your Shopify store when you approve campaigns
  • Sales Analytics: Aggregated sales data analysis to identify trends and opportunities
  • Calendar Sharing: Optional password-protected calendar sharing for team collaboration
  • Campaign Recommendations: AI-driven insights for marketing opportunities

    • 1.2 Business-to-Business Service

    Market Mana is offered EXCLUSIVELY ON A BUSINESS-TO-BUSINESS (B2B) BASIS. The Service is intended solely for use by:
  • Shopify merchants operating e-commerce businesses
  • Marketing professionals acting on behalf of e-commerce businesses
  • Business entities with valid Shopify stores
    • Market Mana is NOT intended for, and may not be used by:
  • Individual consumers for personal, non-commercial purposes
  • Persons under 18 years of age
  • Non-commercial organizations without a legitimate business purpose
  • Anyone without a valid, active Shopify store
    • If you install Market Mana, you represent and warrant that you are using it in connection with a bona fide commercial activity and have authority to bind the business entity on whose behalf you act.

    1.3 AI-Powered Features

    Market Mana utilizes third-party artificial intelligence services (OpenAI) to generate campaign suggestions. You acknowledge and agree that:
  • AI-generated content is provided as suggestions, not guarantees of marketing success
  • AI outputs may contain errors, inaccuracies, or inappropriate content despite our best efforts
  • You are solely responsible for reviewing, editing, and approving all AI-generated campaigns before implementation
  • We make no warranties regarding the quality, accuracy, or effectiveness of AI-generated suggestions
  • AI suggestions are based on general marketing principles and your store data, not guaranteed outcomes

    • 1.4 Service Requirements

    To use Market Mana, you must:
  • Have an active Shopify store on a paid Shopify plan
  • Grant Market Mana the necessary API permissions (read_products, read_orders, write_discounts)
  • Maintain an internet connection and compatible web browser
  • Provide accurate store and business information
  • Comply with all applicable laws and regulations

    • 1.5 Service Modifications

    We reserve the right to:
  • Modify, suspend, or discontinue any aspect of the Service at any time
  • Impose usage limits or restrictions on features
  • Update the Service with new features or improvements
  • Remove or deprecate features with reasonable notice
    • We will make commercially reasonable efforts to notify you of material changes that negatively impact functionality, but we are not liable for any modifications, suspensions, or discontinuations of the Service.

    2. Account Registration and Security

    2.1 Account Creation

    To use Market Mana, you must:
  • Install the App from the Shopify App Store
  • Authorize Market Mana to access your Shopify store via OAuth
  • Complete the onboarding process, including providing:
    • - Store information - Brand voice preferences - Campaign settings - Contact information

    2.2 Account Information Accuracy

    You agree to provide accurate, current, and complete information during registration and onboarding. You must promptly update any information that changes. Providing false, inaccurate, or incomplete information may result in immediate account termination.

    2.3 Account Security

    You are responsible for:
  • Maintaining the confidentiality of your Shopify account credentials
  • All activities that occur under your Shopify account
  • Preventing unauthorized access to your account
  • Immediately notifying us of any suspected security breach
    • We are not liable for any loss or damage arising from your failure to maintain account security.

    2.4 Identity Verification

    We reserve the right to verify your identity and business information at any time. This may include:
  • Verifying email addresses or phone numbers
  • Requesting business documentation
  • Confirming your authority to act on behalf of the Merchant
  • Checking your Shopify store legitimacy
    • Failure to provide requested verification may result in service suspension or termination.

    2.5 One Account Per Store

    Each Shopify store may have only one Market Mana account. You may not:
  • Create multiple accounts for the same store
  • Share account credentials with multiple users (unless authorized by your subscription plan)
  • Use automation or bots to create accounts
  • Create accounts for banned or suspended stores

    • 2.6 Our Access Rights

    You acknowledge and agree that we may access your Market Mana account:
  • To provide technical support and customer service
  • To diagnose and resolve technical issues
  • To ensure compliance with these Terms
  • To prevent fraud, abuse, or security threats
  • As required by law or legal process
    • We will maintain the confidentiality of your data in accordance with our Privacy Policy and applicable law.

    3. Subscription Plans and Billing

    3.1 Available Plans

    Market Mana offers multiple subscription tiers:
  • Forever Free: Limited AI generation credits, basic features
  • Pro: Increased credits, advanced features, calendar sharing
  • Scale: Higher limits, priority support, additional capabilities
    • Detailed plan features and pricing are displayed in the App and on our website.

    3.2 Free Trial

    New users may be eligible for a free trial period (typically 14 days). During the trial:
  • You have access to features specified for the trial
  • No payment is required unless you explicitly upgrade
  • We may send reminders about trial expiration
  • Your subscription automatically converts to the Forever Free plan after trial expiration unless you upgrade
    • We reserve the right to modify or discontinue free trial offers at any time.

    3.3 Billing Through Shopify

    All subscription fees are processed through Shopify's billing system:
  • Charges appear on your Shopify invoice
  • Billing follows your Shopify billing cycle (typically 30-day intervals)
  • You agree to pay all charges incurred under your account
  • Shopify handles all payment processing; we do not store payment card information

    • 3.4 Pricing and Fees

  • Prices are displayed in USD unless otherwise indicated
  • Prices do not include applicable taxes, which will be added as required by law
  • We reserve the right to change pricing with at least 30 days' notice
  • Price changes apply to renewals after the notice period
  • Active subscriptions are grandfathered at their original price until renewal or plan change

    • 3.5 Automatic Renewal

    Subscriptions automatically renew at the end of each billing period unless:
  • You downgrade to the Forever Free plan
  • You cancel your subscription
  • You uninstall Market Mana
  • We terminate your account
    • By subscribing, you authorize us to charge your Shopify account for recurring fees.

    3.6 Upgrades and Downgrades

    You may upgrade or downgrade your plan at any time:
  • Upgrades: Take effect immediately; you are charged a prorated amount for the remaining billing period
  • Downgrades: Take effect at the end of the current billing period
  • AI Credits: Unused credits do not roll over between billing periods or plan changes

    • 3.7 Taxes and Compliance

    YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND PAYING ALL APPLICABLE TAXES. This includes:
  • Value-Added Tax (VAT) in your jurisdiction
  • Sales tax or use tax as required
  • Any other taxes, duties, or governmental charges
    • If we are legally required to collect taxes, we will add them to your invoice. If you are tax-exempt, you must provide valid exemption documentation.

    3.8 No Refunds

    ALL SALES ARE FINAL. We do not offer refunds or credits for:
  • Partial billing periods
  • Unused AI credits
  • Downgrades or cancellations
  • Dissatisfaction with the Service
  • Any other reason, except as required by applicable law
    • Exceptions: We may, in our sole discretion, provide refunds in exceptional circumstances such as:
  • Material breach of these Terms by us
  • Service unavailability exceeding 7 consecutive days
  • Billing errors or duplicate charges
    • To request a refund in exceptional circumstances, contact us at info@marketmana.io within 30 days of the charge.

    3.9 Payment Failures

    If payment fails:
  • We will notify you via email
  • Shopify will retry payment according to their policies
  • Your access to paid features may be suspended after 7 days of non-payment
  • Your account may be downgraded to Forever Free after 14 days
  • Your account may be terminated after 30 days of non-payment

    • 3.10 Usage Limits

    Each plan has specified usage limits for:
  • AI generation credits per month
  • Number of campaigns
  • API request volume
  • Calendar sharing capabilities
    • If you exceed your plan limits:
  • AI generation features will be disabled until the next billing cycle
  • You will be notified and given the option to upgrade
  • We may temporarily throttle or restrict service to prevent abuse
    • We will NOT automatically upgrade you without your explicit consent.

    4. Acceptable Use Policy

    4.1 Legal and Lawful Use

    You agree to use Market Mana only for lawful purposes and in compliance with:
  • All applicable local, state, national, and international laws
  • All applicable regulations and industry standards
  • These Terms and our Privacy Policy
  • Shopify's Terms of Service and policies

    • 4.2 Prohibited Uses

    You may NOT use Market Mana to: Illegal Activities:
  • Violate any law, regulation, or legal right
  • Promote illegal products or services
  • Facilitate fraud, money laundering, or other criminal activity
  • Violate export control or sanctions laws
    • Harmful Content:
  • Generate or distribute spam, phishing emails, or unsolicited marketing (violating CAN-SPAM, GDPR, CASL, etc.)
  • Create campaigns promoting violence, hate speech, discrimination, or harassment
  • Distribute malware, viruses, or malicious code
  • Impersonate others or misrepresent your identity or business
    • Abuse and Exploitation:
  • Abuse, harass, threaten, or intimidate others
  • Violate intellectual property rights of others
  • Scrape, data mine, or harvest data from the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Use automation, bots, or scripts to access the Service (except as authorized)
  • Overload, interfere with, or disrupt the Service or its infrastructure
    • Restricted Industries:
  • Promote products or services we prohibit, including:
    • - Illegal drugs or controlled substances - Weapons, explosives, or ammunition (except as legally permitted) - Adult content or services - Counterfeit or pirated goods - Multi-level marketing or pyramid schemes - Predatory financial services - Gambling (except where legally licensed) - Tobacco or vaping products (except where legally permitted) Misuse of AI Features:
  • Attempt to manipulate AI outputs to generate harmful, illegal, or deceptive content
  • Use AI-generated content without human review and approval
  • Submit excessive API requests to abuse AI credits
  • Share or resell AI generation capabilities to third parties
  • Attempt to extract, reverse-engineer, steal, or access our proprietary prompt templates, system prompts, or AI prompt engineering techniques through prompt injection attacks, prompt manipulation, or any other method
  • Use prompt injection techniques (including but not limited to: instruction injection, prompt leaking, jailbreaking, or adversarial prompting) to bypass security measures, extract confidential information, or manipulate AI behavior beyond intended functionality

    • 4.3 Marketing Compliance

    You must comply with all applicable marketing laws, including:
  • CAN-SPAM Act (US): For email marketing
  • GDPR (EU): For EU resident marketing
  • UK GDPR (UK): For UK resident marketing
  • CASL (Canada): For Canadian resident marketing
  • TCPA (US): For SMS/telephone marketing
  • Any other applicable anti-spam and privacy laws
    • You are solely responsible for obtaining necessary consents for marketing communications.

    4.4 Data Protection Obligations

    When using Market Mana, you must:
  • Process customer data in compliance with applicable data protection laws
  • Obtain necessary consents for data processing and marketing
  • Implement appropriate security measures for customer data
  • Respond to data subject requests (access, deletion, etc.)
  • Notify us of any data breaches involving Market Mana
    • See our Privacy Policy and Data Processing Agreement for details.

    4.5 Enforcement

    Violation of this Acceptable Use Policy may result in:
  • Warning and request for corrective action
  • Temporary suspension of your account
  • Immediate termination of your account without refund
  • Reporting to law enforcement or regulatory authorities
  • Legal action to recover damages or seek injunctive relief
    • We reserve the right to investigate suspected violations and cooperate with law enforcement.

    5. Intellectual Property Rights

    5.1 Our Intellectual Property

    Market Mana and all related technology, including:
  • Software code, algorithms, and architecture
  • User interface, design, and visual elements
  • Logos, trademarks, and branding (the "Market Mana" name and logo)
  • Documentation, training materials, and marketing content
  • AI prompt engineering and model configurations
    • are the exclusive property of eBerce d.o.o. and our licensors, protected by:
  • Copyright laws (Slovenia, EU, international treaties)
  • Trademark laws
  • Trade secret laws
  • Other applicable intellectual property rights
    • You may not copy, modify, distribute, sell, or create derivative works based on Market Mana without our express written permission.

    5.2 Your Data and Content

    You retain all ownership rights in:
  • Your store data (products, orders, customer information)
  • Your brand voice, custom instructions, and campaign preferences
  • Manually created campaigns and content
  • Any other data or content you submit to Market Mana

    • 5.3 License You Grant to Us

    To provide the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:
  • Access and process your Shopify store data via the Shopify API
  • Store your data on our servers
  • Use AI services (OpenAI) to process your data and generate campaigns
  • Display your data back to you within the Market Mana interface
  • Analyze your data to improve the Service (in aggregated, anonymized form)
  • Create backups and ensure data security
    • This license:
  • Is limited to providing and improving Market Mana
  • Does not transfer ownership of your data to us
  • Does not permit us to sell or share your data (except as disclosed in our Privacy Policy)
  • Terminates when you uninstall Market Mana (subject to legally required retention)

    • 5.4 AI-Generated Content

    Ownership of AI-generated campaigns:
  • AI-generated campaign suggestions are created specifically for you based on your data
  • Once generated, you own the campaign content and may use it freely
  • However, you acknowledge that similar suggestions may be generated for other users with similar data
  • You may not claim exclusive rights to general marketing concepts or strategies suggested by AI
    • You are responsible for:
  • Reviewing AI-generated content for accuracy, appropriateness, and legal compliance
  • Ensuring AI content does not infringe third-party intellectual property rights
  • Making necessary edits before using AI content publicly

    • 5.5 Feedback and Suggestions

    If you provide feedback, suggestions, or ideas about Market Mana ("Feedback"):
  • We may use Feedback without compensation or attribution to you
  • Feedback is non-confidential
  • You waive any intellectual property rights in Feedback
  • We have no obligation to implement or respond to Feedback

    • 5.6 Trademark Use

    You may not use the "Market Mana" name, logo, or trademarks without our prior written consent, except:
  • To accurately describe your use of Market Mana in a factual manner
  • In accordance with nominative fair use principles
    • We grant you no trademark license beyond what is necessary to use the Service.

    6. Shopify Integration and API Usage

    6.1 Shopify API Permissions

    Market Mana requires the following Shopify API scopes to function:
  • read_products: To access your product catalog for campaign generation
  • read_orders / read_all_orders: To analyze sales data and trends
  • write_discounts: To create discount codes when you approve campaigns
  • read_discounts: To review existing discounts and avoid conflicts
    • By installing Market Mana, you authorize these API access permissions.

    6.2 Data Access and Processing

    We will:
  • Access only the data necessary to provide Market Mana features
  • Process data in accordance with our Privacy Policy
  • Not access customer personally identifiable information beyond what Shopify requires for aggregated analytics
  • Not modify your store or data without your explicit action (e.g., approving a campaign that creates a discount code)
    • We will NOT:
  • Sell or share your store data with third parties (except OpenAI for AI processing as disclosed)
  • Make changes to your Shopify store without your approval
  • Access data beyond what is authorized by the granted API scopes

    • 6.3 Compliance with Shopify Policies

    You and we agree to comply with:
  • Shopify's API Terms of Service
  • Shopify's Partner Program Agreement
  • Shopify's App Store Policies
  • Shopify's data protection and privacy requirements
    • If Shopify determines that Market Mana violates their policies, we will:
  • Promptly investigate and remediate the issue
  • Cooperate with Shopify to resolve the matter
  • Notify affected users if service disruption occurs

    • 6.4 Shopify GDPR Webhooks

    Market Mana processes the following Shopify GDPR webhooks:
  • shop/redact: Triggered 48 hours after you uninstall Market Mana. We delete all your data.
  • customers/data_request: Allows customers to request their data. We respond that we don't store individual customer PII.
  • customers/redact: Allows customers to request data deletion. We respond that we don't store individual customer PII.
    • These webhooks ensure compliance with GDPR, UK GDPR, and other privacy laws.

    6.5 Third-Party App Interactions

    Market Mana may interact with other Shopify apps or third-party services if you configure such integrations. We are not responsible for:
  • The functionality, security, or privacy practices of third-party apps
  • Conflicts or incompatibilities with third-party apps
  • Data sharing with third-party apps you authorize
    • Review third-party terms and privacy policies before authorizing integrations.

    6.6 Shopify Store Requirements

    To use Market Mana, your Shopify store must:
  • Be on a paid Shopify plan (Basic, Shopify, Advanced, or Plus)
  • Be in good standing with Shopify (not suspended or banned)
  • Comply with Shopify's Acceptable Use Policy
  • Not violate any laws or regulations
    • If your Shopify store is suspended or terminated, your Market Mana account will be automatically disabled.

    7. AI Services and Third-Party Processing

    7.1 OpenAI Integration

    Market Mana uses OpenAI's artificial intelligence services to generate marketing campaign suggestions. By using Market Mana, you agree that:
  • Your store data (products, sales, brand voice, etc.) will be sent to OpenAI's servers
  • OpenAI processes this data to generate campaign suggestions
  • OpenAI is contractually prohibited from using your data to train their general-purpose AI models
  • OpenAI's processing is limited to generating your specific campaign suggestions
  • OpenAI's Privacy Policy (https://openai.com/policies/privacy-policy) applies to their processing

    • 7.2 Data Sent to OpenAI

    The following data may be sent to OpenAI:
  • Product titles, descriptions, prices, and categories
  • Aggregated sales data (no customer PII)
  • Brand voice preferences and custom instructions
  • Campaign history and feedback
  • Store country, currency, and industry
    • We do NOT send to OpenAI:
  • Customer names, emails, addresses, or phone numbers
  • Payment information
  • Individual order details with customer identifiers
  • Any customer personally identifiable information

    • 7.3 AI Limitations and Disclaimers

    You acknowledge and agree that:
  • AI is not perfect: AI-generated content may contain errors, inaccuracies, biases, or inappropriate language
  • Review required: You must review and approve all AI-generated campaigns before implementation
  • No guarantees: AI suggestions do not guarantee marketing success, sales increases, or any specific outcomes
  • Not professional advice: AI output is not professional marketing, legal, financial, or business advice
  • Your responsibility: You are solely responsible for all campaigns you approve and implement
  • Prompt injection: AI may be vulnerable to manipulation through carefully crafted inputs; do not rely on AI for security-critical decisions

    • 7.4 AI Usage Restrictions

    You may NOT:
  • Attempt to manipulate AI to generate harmful, illegal, or deceptive content
  • Use Market Mana to test, probe, or exploit vulnerabilities in AI systems
  • Extract or reverse-engineer AI models or prompts
  • Use prompt injection attacks, instruction injection, prompt leaking, jailbreaking, or adversarial prompting techniques to extract proprietary prompt templates, system prompts, or confidential information
  • Resell or redistribute AI generation capabilities
  • Use AI outputs to train competing AI models
  • Submit excessive API requests to abuse AI credits

    • 7.5 AI Credit Usage

  • AI credits are consumed when you request campaign generation
  • Credit consumption rates are specified in your subscription plan
  • Unused credits do not roll over to the next billing period
  • We may adjust credit costs for different AI features with notice
  • Abuse of credits (e.g., automated spam requests) may result in account suspension

    • 7.6 Future AI Providers

    We reserve the right to change AI service providers or use multiple providers. If we change providers:
  • We will update our Privacy Policy
  • We will require equivalent data protection commitments from new providers
  • Service quality and functionality may change
  • You will be notified of material changes

    • 8. Data Security and Privacy

    8.1 Our Security Measures

    We implement industry-standard security measures to protect your data:
  • Encryption: TLS 1.3 for data in transit, AES-256 for data at rest
  • Access controls: Role-based access, multi-factor authentication for staff
  • Monitoring: 24/7 security monitoring and intrusion detection
  • Compliance: OWASP Top 10 security practices, regular security audits
  • Infrastructure: Secure servers, firewalls, DDoS protection

    • 8.2 Your Security Responsibilities

    You are responsible for:
  • Keeping your Shopify account credentials secure
  • Using strong, unique passwords
  • Enabling two-factor authentication on your Shopify account
  • Promptly notifying us of suspected security breaches
  • Not sharing account access with unauthorized persons

    • 8.3 Data Breaches

    In the event of a data breach affecting your data:
  • We will investigate and contain the breach immediately
  • We will notify you within 72 hours as required by GDPR
  • We will notify relevant authorities as required by law
  • We will provide information about affected data and remediation steps
  • We will cooperate with your investigation and regulatory notifications

    • 8.4 No Absolute Security

    You acknowledge that:
  • No internet transmission or electronic storage is 100% secure
  • Despite our security measures, unauthorized access or data breaches may occur
  • You use Market Mana at your own risk
  • We are not liable for security incidents beyond our reasonable control

    • 8.5 Privacy Policy

    Our Privacy Policy (available at [link]) describes:
  • What data we collect
  • How we use and process data
  • Who we share data with (OpenAI, infrastructure providers)
  • Your rights under GDPR, UK GDPR, CCPA, and PIPEDA
  • How to exercise your data protection rights
  • Data retention and deletion procedures
    • The Privacy Policy is incorporated into these Terms by reference.

    8.6 Data Processing Agreement (DPA)

    For EU, UK, and Swiss users, our Data Processing Agreement describes:
  • Our roles as data controller and processor
  • Subprocessors (OpenAI, hosting providers)
  • Standard Contractual Clauses for international transfers
  • Security measures and incident response
  • Audit rights and compliance obligations
    • The DPA is available upon request and is incorporated by reference for applicable users.

    9. Service Availability and Support

    9.1 Service Availability

    We strive to provide reliable, uninterrupted service, but we do not guarantee:
  • 100% uptime or availability
  • Error-free operation
  • Uninterrupted service
  • Compatibility with all devices, browsers, or configurations
    • Planned Maintenance:
  • We may schedule maintenance windows with advance notice
  • During maintenance, service may be unavailable
  • We will minimize disruption and provide status updates
    • Unplanned Outages:
  • Third-party service failures (OpenAI, Shopify, hosting providers) may disrupt service
  • Force majeure events may cause unavailability
  • We will work diligently to restore service but are not liable for downtime

    • 9.2 Service Level

    We do not currently offer a Service Level Agreement (SLA) with uptime guarantees or credits for downtime. This may change for enterprise plans in the future.

    9.3 Customer Support

    Support Channels:
  • Email: info@marketmana.io
  • In-app help documentation
  • Knowledge base articles
    • Support Hours:
  • Email support: Monday-Friday, 9 AM - 5 PM CET (Central European Time)
  • Response time: Within 2 business days for standard support
  • Priority support: Available for Pro and Scale plan subscribers
    • Support Scope:
  • Technical issues with Market Mana
  • Account and billing questions
  • Feature guidance and best practices
    • Not Included:
  • General Shopify support (contact Shopify)
  • Marketing strategy consulting
  • Custom development or feature requests

    • 9.4 Service Modifications

    We reserve the right to:
  • Add, modify, or remove features
  • Change user interface or design
  • Update AI models or algorithms
  • Deprecate functionality with reasonable notice (typically 30 days for material changes)
    • We will notify users of material changes via:
  • Email to the account email address
  • In-app notifications
  • Release notes or changelog

    • 9.5 Beta Features

    We may offer beta or experimental features:
  • Beta features are provided "as is" with no warranties
  • Beta features may change, break, or be removed without notice
  • Data loss or unexpected behavior may occur
  • Feedback on beta features is appreciated but not required
    • Use of beta features is at your own risk.

    10. Warranties and Disclaimers

    10.1 LIMITED WARRANTY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKET MANA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    10.2 DISCLAIMER OF WARRANTIES

    WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
  • MERCHANTABILITY: That the Service is suitable for any particular purpose
  • FITNESS FOR A PARTICULAR PURPOSE: That the Service will meet your specific needs or expectations
  • NON-INFRINGEMENT: That the Service does not infringe third-party intellectual property rights
  • TITLE: That you have exclusive rights to use the Service
  • ACCURACY: That information provided by the Service is accurate, complete, or reliable
  • AVAILABILITY: That the Service will be uninterrupted, timely, secure, or error-free
  • RESULTS: That use of the Service will achieve any specific results or outcomes
  • QUALITY: That the Service will meet quality or performance standards

    • 10.3 AI-SPECIFIC DISCLAIMERS

    AI-generated campaign suggestions are provided WITHOUT WARRANTY. We do not warrant that AI output will be:
  • Accurate, complete, or truthful
  • Free from errors, biases, or harmful content
  • Compliant with applicable laws or advertising standards
  • Effective for marketing or business purposes
  • Original or non-infringing
    • YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ALL AI-GENERATED CONTENT BEFORE USE.

    10.4 THIRD-PARTY SERVICES

    We disclaim all warranties regarding:
  • Shopify's platform and services
  • OpenAI's AI models and services
  • Hosting and infrastructure providers
  • Any other third-party services we integrate with
    • Issues with third-party services should be directed to those providers.

    10.5 DATA LOSS

    WHILE WE IMPLEMENT SECURITY MEASURES AND BACKUPS, WE DO NOT WARRANT THAT YOUR DATA WILL NOT BE LOST, CORRUPTED, OR DAMAGED. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF CRITICAL DATA.

    10.6 NO GUARANTEES OF RESULTS

    WE MAKE NO GUARANTEES THAT USE OF MARKET MANA WILL:
  • Increase sales, revenue, or profits
  • Improve marketing effectiveness or ROI
  • Generate customer engagement or conversions
  • Produce any specific business outcomes
    • Marketing success depends on numerous factors beyond our control, including your products, pricing, execution, market conditions, and competition.

    10.7 ESSENTIAL PURPOSE

    SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.

    11. Limitation of Liability

    11.1 TYPES OF DAMAGES EXCLUDED

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARKET MANA (eBerce d.o.o.), ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR: INDIRECT DAMAGES:
  • Loss of profits or revenue
  • Loss of business opportunities or contracts
  • Loss of anticipated savings
  • Loss of data or information
  • Loss of goodwill or reputation
  • Costs of substitute goods or services
    • CONSEQUENTIAL DAMAGES:
  • Damages resulting from your use or inability to use the Service
  • Damages from service interruptions or data breaches
  • Damages from AI errors or inaccuracies
  • Damages from reliance on Service outputs
    • INCIDENTAL DAMAGES:
  • Costs incurred due to service problems
  • Business interruption costs
  • Time spent resolving issues
    • SPECIAL OR PUNITIVE DAMAGES:
  • Exemplary damages
  • Statutory damages
  • Aggravated damages
    • THESE LIMITATIONS APPLY EVEN IF:
  • We have been advised of the possibility of such damages
  • A remedy fails of its essential purpose
  • Damages were foreseeable or reasonably anticipated

    • 11.2 MONETARY CAP ON LIABILITY

    OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO MARKET MANA SHALL NOT EXCEED THE GREATER OF: (A) USD $100, OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY This cap applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

    11.3 SPECIFIC EXCLUSIONS

    WE ARE NOT LIABLE FOR: Third-Party Acts:
  • Actions or omissions by Shopify, OpenAI, or other third parties
  • Unauthorized access to your Shopify account
  • Hacking, cyberattacks, or data breaches caused by third parties
    • Your Acts or Omissions:
  • Your violation of these Terms
  • Your violation of applicable laws
  • Your misuse of the Service
  • Your failure to backup data
  • Your approval and use of AI-generated campaigns
    • Force Majeure:
  • Natural disasters, wars, terrorism, riots
  • Government actions, regulatory changes
  • Internet or telecommunications failures
  • Power outages or infrastructure failures
  • Pandemics or public health emergencies
    • AI Limitations:
  • Errors, inaccuracies, or biases in AI outputs
  • AI-generated content that violates laws or rights
  • Reliance on AI suggestions without human review

    • 11.4 JURISDICTIONAL VARIATIONS

    Some jurisdictions do not allow:
  • Exclusion or limitation of incidental or consequential damages
  • Exclusion of implied warranties
  • Limitations on statutory rights
    • IF THESE LAWS APPLY TO YOU:
  • The above limitations may not apply in full
  • Our liability is limited to the maximum extent permitted by law
  • You may have additional rights under consumer protection laws
    • Specific Jurisdictions: Slovenia/EU: Nothing in these Terms limits liability for:
  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Intentional misconduct or gross negligence
  • Any liability that cannot be excluded under mandatory law
    • UK: Nothing limits liability for:
  • Death or personal injury from negligence
  • Fraud or fraudulent misrepresentation
  • Breach of terms implied by the Consumer Rights Act 2015
    • California: California Civil Code Section 1542 waiver (see Section 18.6)

    11.5 BASIS OF THE BARGAIN

    You acknowledge that:
  • The Service pricing reflects the allocation of risk in these Terms
  • Without these liability limitations, pricing would be substantially higher
  • These limitations are a fundamental basis of our agreement

    • 11.6 INDEPENDENT PROVISIONS

    Each liability limitation is independent and severable. If any limitation is found unenforceable, other limitations remain in effect.

    12. Indemnification

    12.1 Your Indemnification Obligations

    You agree to indemnify, defend, and hold harmless Market Mana (eBerce d.o.o.), its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and partners (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to: Your Use of the Service:
  • Your access to or use of Market Mana
  • Your violation of these Terms
  • Your violation of applicable laws or regulations
  • Your violation of third-party rights
    • Your Content and Campaigns:
  • Campaigns you create, approve, or implement (AI-generated or manual)
  • Marketing materials or advertisements you distribute
  • Claims that your campaigns infringe intellectual property rights
  • Claims that your campaigns violate advertising standards or consumer protection laws
    • Your Business Operations:
  • Your products or services offered for sale
  • Your customer relationships and transactions
  • Your compliance (or non-compliance) with e-commerce laws
  • Your tax obligations and reporting
    • Data Protection:
  • Your processing of customer data
  • Your compliance with GDPR, UK GDPR, CCPA, PIPEDA, or other data protection laws
  • Data subject complaints or regulatory investigations
  • Data breaches caused by your security failures
    • Marketing Compliance:
  • Violations of CAN-SPAM, CASL, GDPR marketing rules, or TCPA
  • Unsolicited marketing or spam complaints
  • Lack of required consents or disclosures
  • Deceptive or misleading advertising

    • 12.2 Indemnification Process

    If we seek indemnification from you:
  • Notice: We will promptly notify you of any claim, but failure to notify does not relieve your obligations except to the extent you are materially prejudiced
  • Control: You may assume control of the defense and settlement, provided:
    • - You use counsel reasonably acceptable to us - You do not admit liability on our behalf without our consent - Any settlement fully releases us from liability
  • Cooperation: We will reasonably cooperate with your defense at your expense
  • Our Rights: We reserve the right to:
    • - Participate in the defense with our own counsel at our expense - Assume control if you fail to diligently defend - Settle claims on our own terms if you do not defend

    12.3 Limitations

    Your indemnification obligations do NOT apply to claims arising solely from:
  • Our gross negligence or intentional misconduct
  • Defects in the Market Mana software itself (not your use of it)
  • Our violation of these Terms
  • Our violation of applicable laws

    • 12.4 Survival

    Your indemnification obligations survive termination of these Terms and your use of Market Mana.

    13. Term and Termination

    13.1 Term

    These Terms commence when you first access Market Mana and continue until terminated in accordance with this Section.

    13.2 Termination by You

    You may terminate your account at any time by:
  • Uninstalling Market Mana from your Shopify store
  • Contacting us to request account deletion
  • Downgrading to the Forever Free plan (for paid subscribers)
    • Effect of Your Termination:
  • Billing for paid subscriptions stops at the end of the current billing period (no prorated refunds)
  • You lose access to paid features immediately or at the end of the billing period (depending on your plan)
  • Your data is retained for 48 hours (per Shopify's shop/redact webhook), then permanently deleted

    • 13.3 Termination by Us

    We may suspend or terminate your account immediately and without notice if: For Cause:
  • You violate these Terms
  • You violate the Acceptable Use Policy
  • You engage in fraud, abuse, or illegal activity
  • You pose a security risk to us or other users
  • Your Shopify account is suspended or terminated
  • You fail to pay fees for 30 days
  • We are required to terminate by law or court order
    • Without Cause:
  • We discontinue Market Mana entirely (with 30 days' notice)
  • We cease serving your geographic region or industry
  • We determine, in our sole discretion, that continuing service is not commercially viable

    • 13.4 Effect of Termination

    Upon termination: Access:
  • Your access to Market Mana is immediately disabled
  • You lose access to all data, campaigns, and features
  • You cannot recover data after the 48-hour retention window
    • Billing:
  • You remain responsible for all fees incurred before termination
  • No refunds are provided for partial billing periods
  • Outstanding invoices become immediately due
    • Data Deletion:
  • We will delete your data within 48 hours per Shopify's GDPR requirements
  • Backups are purged within 90 days as backup cycles complete
  • Some data may be retained as required by law (financial records, tax documents)
    • Survival:
  • The following sections survive termination: Indemnification, Limitation of Liability, Disclaimers, Intellectual Property, Dispute Resolution, and General Provisions

    • 13.5 No Waiver

    Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

    14. Changes to Terms

    14.1 Right to Modify

    We reserve the right to modify these Terms at any time, in our sole discretion. Modifications may include:
  • Changes to pricing or billing terms (with advance notice)
  • Updates to reflect new features or services
  • Changes to comply with legal requirements
  • Clarifications or corrections
  • Changes to dispute resolution procedures

    • 14.2 Notice of Changes

    For material changes that adversely affect your rights, we will:
  • Email notice to your account email address at least 30 days before the changes take effect
  • Post a notice in the Market Mana dashboard
  • Update the "Last Updated" date at the top of these Terms
    • For non-material changes (typos, clarifications, formatting), we will:
  • Update the "Last Updated" date
  • Post the revised Terms without additional notice

    • 14.3 Acceptance of Changes

    Continued use of Market Mana after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the changes:
  • You must stop using Market Mana before the effective date
  • You may terminate your account in accordance with Section 13
  • Continued use after the effective date means you accept the new Terms

    • 14.4 Disputes About Changes

    If you dispute the legality or enforceability of modified Terms, the dispute resolution provisions in effect immediately before the modification will apply, unless the modification is required by law.

    15. General Provisions

    15.1 Entire Agreement

    These Terms, together with:
  • Our Privacy Policy
  • Our Data Processing Agreement (if applicable)
  • Any Order Forms or subscription agreements
    • constitute the entire agreement between you and Market Mana regarding use of the Service and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.

    15.2 Severability

    If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be:
  • Deemed severable from these Terms
  • Modified to the minimum extent necessary to make it enforceable
  • If not modifiable, removed entirely
    • The remaining provisions remain in full force and effect.

    15.3 Assignment

    You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms without restriction, including:
  • To an affiliate or subsidiary
  • In connection with a merger, acquisition, or sale of assets
  • To a successor entity in a corporate reorganization

    • 15.4 No Waiver

    Our failure to enforce any provision of these Terms does not waive our right to enforce it later. A waiver of any breach does not waive subsequent breaches.

    15.5 Force Majeure

    We are not liable for any failure to perform due to circumstances beyond our reasonable control, including:
  • Acts of God (natural disasters, severe weather)
  • War, terrorism, riots, civil unrest
  • Government actions, embargoes, sanctions
  • Pandemics, epidemics, public health emergencies
  • Internet or telecommunications failures
  • Cyberattacks, hacking, DDoS attacks
  • Failures of third-party services (Shopify, OpenAI, hosting providers)
    • During a force majeure event, our performance obligations are suspended. If the event continues for more than 30 days, either party may terminate without liability.

    15.6 Relationship of Parties

    You and Market Mana are independent contractors. These Terms do not create:
  • A partnership, joint venture, or agency relationship
  • An employer-employee relationship
  • A franchise relationship
    • You have no authority to bind Market Mana to any obligation.

    15.7 Third-Party Beneficiaries

    These Terms do not confer any rights or remedies on any third parties, except:
  • Our indemnified parties (as specified in Section 12)
  • Our successors and assigns
    • Shopify, OpenAI, and other third-party service providers are not parties to these Terms.

    15.8 Interpretation

  • Headings: Section headings are for convenience only and do not affect interpretation
  • Inclusive Language: "Including" means "including but not limited to"
  • Singular/Plural: Singular includes plural and vice versa
  • Governing Language: The English version of these Terms controls if translated

    • 15.9 Export Compliance

    You represent and warrant that:
  • You are not located in a country subject to U.S. or EU trade embargoes or sanctions
  • You are not on any government list of prohibited or restricted parties
  • You will not use Market Mana for any purpose prohibited by export control laws
    • You agree to comply with all applicable export and import control laws and regulations.

    15.10 Notices

    To You: We may provide notices via:
  • Email to your account email address
  • In-app notifications within Market Mana
  • Posting on our website or in our dashboard
    • Notices are deemed effective when sent or posted. To Us: You must send notices to: eBerce d.o.o. Attn: Legal Department Dunajska cesta 106 Ljubljana, 1000 Ljubljana Slovenia Email: info@marketmana.io Notices are deemed effective upon our receipt.

    15.11 Counterparts and Electronic Signatures

    These Terms may be accepted electronically. Your installation and use of Market Mana constitutes your electronic signature and acceptance.

    16. Governing Law and Jurisdiction

    16.1 Governing Law

    These Terms are governed by the laws of Slovenia, without regard to conflict of law principles. However:
  • Users in the EU may also invoke mandatory consumer protection laws of their home country
  • Users in the UK may invoke UK consumer protection laws
  • Users in California may invoke California consumer protection laws (to the extent not preempted)

    • 16.2 Jurisdiction and Venue

    For users NOT subject to the arbitration clause in Section 18 (i.e., users outside the US and Canada): You agree to the jurisdiction of the courts located in Ljubljana, Slovenia for any disputes arising out of or related to these Terms or the Service. However:
  • EU consumers may bring claims in their country of residence
  • UK consumers may bring claims in UK courts
  • Nothing prevents us from seeking injunctive relief in any jurisdiction

    • 16.3 Consumer Rights

    If you are a consumer in the EU or UK, you have the right to:
  • Invoke mandatory consumer protection laws of your home country
  • Bring disputes in the courts of your country of residence
  • Rely on unfair terms legislation that may render certain provisions unenforceable
    • Nothing in these Terms limits your statutory consumer rights.

    17. Data Protection and Privacy

    17.1 Privacy Policy

    Our Privacy Policy (available at [link]) is incorporated into these Terms by reference. It describes:
  • What personal data we collect
  • How we use and process personal data
  • Legal bases for processing under GDPR/UK GDPR
  • Your rights under data protection laws
  • International data transfers
  • Data security measures
  • Data retention and deletion

    • 17.2 Controller and Processor Roles

    Market Mana (eBerce d.o.o.) acts as:
  • Data Controller for: Your account data, business information, usage analytics
  • Data Processor for: Store data we process on your behalf (products, orders, sales data)
    • You are a Data Controller for customer data in your Shopify store. You are responsible for:
  • Complying with data protection laws when processing customer data
  • Obtaining necessary consents for marketing communications
  • Responding to customer data subject requests
  • Notifying us of any data processing restrictions

    • 17.3 Data Processing Agreement (DPA)

    For EU, UK, and Swiss users who are subject to GDPR or UK GDPR, a Data Processing Agreement is available upon request. The DPA includes:
  • Standard Contractual Clauses for international data transfers
  • Subprocessor list (OpenAI, hosting providers)
  • Data security and breach notification obligations
  • Audit rights and compliance monitoring
    • Request the DPA by emailing info@marketmana.io.

    17.4 Subprocessors

    We use the following subprocessors:
  • OpenAI, L.L.C. (United States): AI campaign generation
  • Database Hosting Provider (EU): Data storage in Frankfurt, Germany
  • Application Hosting Provider (United States): Servers in Dallas, USA
    • We will notify you of changes to subprocessors with at least 30 days' notice. You may object to a new subprocessor within 30 days, and if we cannot accommodate your objection, you may terminate without penalty.

    17.5 Data Subject Rights

    You and your customers have rights under data protection laws, including:
  • Access: Request a copy of personal data we hold
  • Rectification: Correct inaccurate data
  • Erasure: Request deletion of data (right to be forgotten)
  • Restriction: Limit how we process data
  • Portability: Receive data in a portable format
  • Objection: Object to certain types of processing
    • To exercise these rights, contact info@marketmana.io. We will respond within 30 days (GDPR) or 45 days (CCPA).

    17.6 Data Breach Notification

    In the event of a personal data breach, we will:
  • Notify you within 72 hours of becoming aware
  • Provide details of the breach, affected data, and remediation steps
  • Cooperate with your notification obligations to supervisory authorities and data subjects
  • Implement measures to prevent future breaches

    • 17.7 Data Retention

  • Active accounts: Data retained while you use Market Mana
  • Deleted accounts: Data deleted within 48 hours (per Shopify GDPR webhook)
  • Backups: Purged within 90 days as backup cycles complete
  • Legal retention: Financial records retained 10 years under Slovenian law

    • 18. Dispute Resolution – Arbitration (US and Canada Only)

    THIS SECTION APPLIES ONLY TO USERS LOCATED IN THE UNITED STATES OR CANADA. If you are located outside the US or Canada, this section does not apply—see Section 16 for governing law and jurisdiction.

    18.1 BINDING ARBITRATION AGREEMENT

    You and Market Mana agree to resolve any disputes through binding individual arbitration rather than in court, except for disputes that qualify for small claims court (under Section 18.3) or are excluded disputes (under Section 18.2). By agreeing to these Terms, you waive your right to:
  • Have disputes decided by a judge or jury
  • Participate in class actions, class arbitrations, or representative actions
    • READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

    18.2 Excluded Disputes

    The following disputes are excluded from arbitration and may be brought in court:
  • Intellectual Property Claims: Disputes about infringement of trademarks, copyrights, patents, or trade secrets
  • Injunctive Relief: Requests for injunctions or equitable relief related to intellectual property
  • Small Claims Court: Claims that qualify for small claims court (see Section 18.3)

    • 18.3 Small Claims Court Option

    Either party may bring a claim in small claims court if:
  • The claim is within the court's monetary jurisdiction (typically under $5,000-$10,000 depending on state/province)
  • The claim is filed and proceeds on an individual (non-class) basis
  • The claim is brought in a small claims court with proper jurisdiction

    • 18.4 Arbitration Rules and Procedures

    Arbitration Administrator: Arbitration will be administered by the American Arbitration Association (AAA) under its:
  • Consumer Arbitration Rules (for consumer disputes)
  • Commercial Arbitration Rules (for business disputes)
    • Rules are available at www.adr.org. Arbitrator Selection:
  • A single arbitrator will be selected in accordance with AAA rules
  • The arbitrator must be a lawyer with at least 10 years' experience or a retired judge
  • The arbitrator will apply the law of Slovenia (as specified in Section 16.1)
    • Arbitration Location:
  • In-Person Hearings: In the county where you reside or another mutually agreed location
  • Remote Hearings: By telephone, videoconference, or document submission if parties agree
    • Filing and Fees:
  • Filing fees are determined by AAA rules
  • Fee Reimbursement: If your claim is for less than $10,000, we will reimburse your filing fee if you cannot afford it (submit a request with documentation)
  • Each party bears its own attorneys' fees and costs unless the arbitrator awards fees to the prevailing party as permitted by law

    • 18.5 Arbitration Process

  • Notice of Dispute: Before filing arbitration, the complaining party must send a written notice describing the dispute and desired resolution to the other party
    • To Market Mana: eBerce d.o.o. Attn: Legal Department – Arbitration Notice Dunajska cesta 106 Ljubljana, 1000 Ljubljana, Slovenia Email: info@marketmana.io To You: At your account email address
  • 30-Day Negotiation Period: After notice, the parties will attempt to resolve the dispute informally for 30 days
  • File Arbitration: If not resolved, either party may file arbitration with AAA by following the procedures at www.adr.org
  • Discovery: The arbitrator will permit discovery sufficient to adequately arbitrate the claims, including document requests and depositions
  • Hearing: The arbitrator will conduct a hearing (in-person or remote)
  • Decision: The arbitrator will issue a written decision with findings and conclusions. The decision is final and binding, subject to very limited appeal rights under the Federal Arbitration Act (US) or applicable provincial arbitration laws (Canada)
  • Enforcement: The decision may be entered as a judgment in any court with jurisdiction

    • 18.6 CLASS ACTION AND JURY TRIAL WAIVER

    YOU AND MARKET MANA AGREE THAT:
  • Each party may bring claims only in an individual capacity, not as a class member or representative
  • You waive your right to participate in class actions, class arbitrations, or representative actions
  • You waive your right to a jury trial
  • The arbitrator may not consolidate claims of multiple parties or preside over any form of representative or class proceeding
    • If the class action waiver is found unenforceable for a particular claim or request for relief, that claim or request must be severed from the arbitration and brought in court. All other claims remain in arbitration.

    18.7 California Civil Code § 1542 Waiver

    If you are a California resident, you waive California Civil Code § 1542, which states: > "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

    18.8 Opt-Out Right

    You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms. Opt-out notice must:
  • Be sent to: info@marketmana.io with subject "Arbitration Opt-Out"
  • Include: Your name, Shopify store URL, email address, and a clear statement that you opt out of the arbitration agreement
  • Be sent within 30 days of: (a) first installing Market Mana, or (b) the effective date of these Terms if you were already a user
    • If you opt out:
  • The arbitration agreement does not apply to you
  • Disputes will be resolved in court under Section 16
  • All other Terms remain in effect
    • Once the 30-day opt-out period expires, you cannot opt out.

    18.9 Amendments to This Section

    If we amend this arbitration section after you accept these Terms, you may reject the amendment by sending us written notice within 30 days of the amendment's effective date. Rejection means the prior arbitration terms continue to apply to disputes between us.

    18.10 Governing Law for Arbitration

    This arbitration agreement is governed by:
  • The Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16 (for US users)
  • Applicable provincial arbitration legislation (for Canadian users)

18.11 Survival

This arbitration agreement survives termination of your use of Market Mana and termination of these Terms.

19. Contact Information

If you have questions about these Terms or Market Mana, please contact us: eBerce d.o.o. Dunajska cesta 106 Ljubljana, 1000 Ljubljana Slovenia Email: info@marketmana.io Support: In-app help or info@marketmana.io Business Information: Registration Number: 5787882000 VAT ID: SI90207777

Acknowledgment

BY INSTALLING, ACCESSING, OR USING MARKET MANA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
Last Updated: November 11, 2025 Effective Date: November 11, 2025 © 2025 Market Mana. All rights reserved.