Legal
Terms of Service
These terms are an agreement between you, the merchant who installs AlwaysOn ("you"), and Gakim Digital ("we", "us"), which operates AlwaysOn. By installing or using AlwaysOn you agree to them. If you install it for a business, you confirm you may agree on its behalf.
1. What AlwaysOn does
AlwaysOn is a Shopify app. It reads your store's data through Shopify, finds opportunities such as products customers buy together and customers ready for their next order, prepares marketing emails for you to approve, sends the emails you approve (or that your "Send automatically" settings allow), can create discount codes within the limits you set, and reports the orders that followed.
Nothing is sent to your customers until you turn on "Let agents send" and approve an email or choose "Send automatically". Discounts are off until you turn them on.
2. Your plan
- AlwaysOn has one plan, $19 every 30 days, with a 30-day free trial for new stores. Prices are in US dollars; Shopify may show and charge the converted amount.
- Shopify bills the plan on our behalf, under Shopify's terms. You choose, change and cancel the plan in Shopify. We never see your payment details.
- Without an active plan or trial, AlwaysOn prepares and sends nothing. Your settings are kept.
- The plan includes up to 200 emails to up to 100 customers a month per store. We may change the price or the allowance for new periods with at least 30 days' notice; Shopify asks you to approve a price increase.
- Fees are not refundable except where the law requires it or Shopify's billing rules provide otherwise.
3. Your responsibilities
You are the sender of the emails AlwaysOn sends for your store, and you are responsible for them. In particular you agree to:
- give accurate sender details, including a real business postal address;
- email only customers you may lawfully market to, and keep their marketing consent accurate in Shopify. AlwaysOn emails only customers Shopify shows as subscribed and honours unsubscribes, but it relies on the consent you collect;
- review the emails, audiences and discounts you approve, and the settings you turn on, including "Send automatically";
- follow the laws that apply to your marketing, such as anti-spam, consumer protection and data protection laws, and Shopify's terms;
- keep your Shopify account secure and give access only to people you trust.
4. What you may not do
You may not use AlwaysOn to send unlawful, misleading, harmful or infringing content, to email people who have not agreed to marketing, to get around its limits or security, to access other stores' data, or to copy, resell or reverse engineer the service.
5. Your data
You keep all rights to your store's data. You let us use it only to provide, secure and support AlwaysOn, as described in our privacy policy (https://tryalwayson.tech/privacy). For your customers' personal information, you decide how it is used and we process it on your behalf. We do not sell your data or use it to train AI models.
6. Results
AlwaysOn reports orders placed after its emails. Those figures show what happened after an email, not proof that the email caused the order. We do not promise any level of sales, revenue or results.
7. Availability and changes
We work to keep AlwaysOn available and reliable, but it may be unavailable at times, for example during maintenance or when Shopify or our providers have problems. If AlwaysOn was down when an email was due, an email more than three hours late is skipped rather than sent. We may improve or change features; if a change materially reduces what your plan includes, we will tell you in advance.
8. Suspension and ending
You can stop at any time by uninstalling AlwaysOn; Shopify then ends billing as its rules provide. We may suspend or end your use if you break these terms, if your use puts other people or the service at risk, or if the law requires it, and we will tell you when we reasonably can. After you uninstall, your store's data is deleted as described in the privacy policy.
9. Our property
AlwaysOn, its software and its content are ours or our licensors'. These terms give you a limited, non-exclusive, non-transferable right to use AlwaysOn for your store while you have a plan or trial.
10. Disclaimers
AlwaysOn is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties, such as fitness for a particular purpose. Nothing in these terms limits rights you have under consumer law that cannot be excluded.
11. Limits on liability
To the extent the law allows:
- we are not liable for indirect or consequential losses, such as lost profits, revenue or data;
- our total liability for any claims about AlwaysOn is limited to the fees you paid us for AlwaysOn in the 12 months before the claim.
These limits do not apply to liability that cannot be limited by law, such as for fraud.
12. If someone makes a claim against us
If a third party makes a claim against us because of the emails you approved or sent through AlwaysOn, the content you supplied, or your breach of these terms or the law, you will cover our reasonable costs and losses from that claim.
13. Changes to these terms
We may update these terms. We will post the new version with its effective date and, for material changes, tell you in the app or by email at least 30 days before they apply. If you keep using AlwaysOn after that, the new terms apply.
14. Law and disputes
These terms are governed by the laws of Kenya. We will first try to resolve any dispute informally by email. If that fails, the courts of Kenya have jurisdiction, unless the law gives you the right to bring a claim where you live.
15. Contact
Gakim Digital · alwayson.hello@gmail.com