1. Acceptance and eligibility
By installing or using MerchEvolution, you agree to these terms. You must be able to form a binding contract and have authority to act for the Shopify merchant you connect. If you do not agree, do not use the service.
2. The service
MerchEvolution runs parallel storefront experiments on product ordering, measures shopper and transaction outcomes, and evolves collection orderings over time. It includes an embedded Shopify app, theme components, analytics, and related support.
3. Merchant responsibilities
You are responsible for:
- maintaining a valid Shopify account and granting only authorized access;
- your products, prices, inventory, storefront, customer relationships, and compliance with law;
- providing required privacy notices and obtaining any cookie or tracking consent required in your markets;
- reviewing experiment operation and disabling it if results or presentation are unsuitable;
- not abusing, disrupting, probing, reverse engineering, or misusing the service.
4. Automated experiments
Different shoppers may see different product orders at the same time. Experiments are probabilistic: a variant may perform worse, revenue may change, and no result is guaranteed. You decide whether MerchEvolution is appropriate for your store and remain responsible for monitoring its effect.
5. Shopify and third-party services
MerchEvolution depends on Shopify APIs, themes, checkout, and other third-party infrastructure that we do not control. Their terms also apply, and changes or outages may limit the service.
6. Data and privacy
Our Privacy Policy explains how we handle information. You authorize us to process store data as needed to provide and secure the service and represent that you have the rights and notices needed to provide that data.
7. Fees
Fees, if any, are those presented in the Shopify listing or billing approval flow. Shopify processes app charges under its billing terms. We will disclose material pricing changes before they take effect.
8. Ownership
You retain ownership of your store data. Antoshka LLC and its licensors retain all rights in MerchEvolution, including its software, design, documentation, and branding. You receive a limited, revocable, non-transferable right to use the service for your connected store while these terms remain in effect.
9. Availability, changes, and termination
We may change, suspend, or discontinue features and may restrict access to protect security, comply with law, prevent abuse, or address nonpayment. You may stop using the service at any time by disabling its components and uninstalling the app. Sections that by their nature should survive termination will survive.
10. Disclaimers
To the maximum extent permitted by law, MerchEvolution is provided “as is” and “as available.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted operation or any increase in sales, conversion, or revenue.
11. Limitation of liability
To the maximum extent permitted by law, Antoshka LLC will not be liable for indirect, incidental, special, consequential, exemplary, or lost-profit damages. Our total liability arising from the service will not exceed the amount you paid for MerchEvolution during the 12 months before the event giving rise to the claim.
12. Indemnity
You will defend and indemnify Antoshka LLC against third-party claims arising from your store, products, content, unlawful use of the service, or breach of these terms, except to the extent caused by our own breach or misconduct.
13. Governing terms
These terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law rules. The state and federal courts serving Isle of Wight County, Virginia have exclusive jurisdiction over disputes arising from these terms. If any provision is unenforceable, the remaining provisions remain effective. These terms and the Privacy Policy are the entire agreement concerning the service.
14. Contact
Questions about these terms can be sent to support@alestainer.com or mailed to Antoshka LLC, 219 James Street, Smithfield, VA 23430, United States.