Terms of service
These terms are a binding agreement between Premium Holdings LTD ("NimiBot", "we", "us") and the business that installs or uses NimiBot ("you", the merchant). By installing, accessing or using NimiBot you accept these terms. If you do not accept them, do not install or use NimiBot. If you accept on behalf of a company, you confirm you are authorized to bind it.
Please read sections 11 to 14 carefully. They limit our liability and set Israeli law and the courts of Tel Aviv-Jaffa for any dispute.
1. Who can use NimiBot
NimiBot is a business service for merchants with a Shopify store. It is not offered to consumers for personal use. You must be at least 18 and able to enter a binding contract.
2. The service
NimiBot adds an AI shopping assistant to your store. It answers shoppers using your catalog and content, can suggest related products and bundles, can hand conversations to your team, and changes a shopper's cart only when the shopper asks. Optional features such as voice, virtual try-on and a video avatar depend on your plan and on third-party providers. We may add, change or remove features at any time.
3. Your account and team
You are responsible for everything done through your store's NimiBot account, for the people you invite to your team, and for keeping your Shopify account secure.
4. Plans, trial and billing
Paid plans are billed through Shopify, in US dollars, every 30 days, and appear on your Shopify invoice. New stores get a 14-day free trial once. Extra usage packs are optional one-time purchases. Plan limits and prices are shown in the app before you confirm. You can change or cancel your plan at any time in the app; cancelling stops future charges. Fees already charged are not refundable, except where the law or Shopify's policies require otherwise. Prices may change with at least 30 days' notice in the app.
5. Acceptable use
- Don't use NimiBot for illegal products or activities, deceptive claims, spam or harassment.
- Don't try to break, overload, copy, reverse-engineer or get around limits of the service.
- Don't instruct the assistant to invent prices, discounts, stock levels or urgency.
6. AI answers are not guaranteed
NimiBot uses artificial intelligence, which can be wrong, incomplete or out of date, even when it is based on your catalog. This includes, without limitation, product recommendations, comparisons, specifications looked up on the web, sizes and fit, device compatibility, bundles, prices shown, discounts, shipping information, order status, allergens, safety and care information. Nothing NimiBot says is professional advice (medical, legal, safety, financial or otherwise). You are solely responsible for your products, prices, stock, policies, what is sold in your store and your customer service, and for checking that the assistant works correctly on your store.
7. Your responsibilities to your shoppers
You are the seller and you are responsible to your shoppers under consumer protection, privacy and any other laws that apply to your store. You must tell your shoppers that your store uses an AI assistant and cover it in your own privacy policy. We have no contract with your shoppers.
8. Third-party services
NimiBot relies on Shopify and on third-party providers (for example AI, voice, video, try-on, hosting and database providers). We are not responsible for them, their availability, their changes, or their acts or omissions.
9. Your data
You own your store data and your customers' data. You allow us to process it to provide, secure and improve the service for you, as described in our privacy policy. You confirm you have the rights and consents needed for us to process it. You are responsible for keeping your own copies of any data you need.
10. Our property
NimiBot, its software, mascot, design and branding belong to us or our licensors. You receive a limited, non-exclusive, non-transferable right to use NimiBot for your store while these terms are in force. On plans that include it, you may hide the "Powered by NimiBot" label.
11. No warranty
NIMIBOT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OR RESULTS. WE DO NOT PROMISE THAT NIMIBOT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR THAT IT WILL INCREASE YOUR SALES. YOU USE NIMIBOT AT YOUR OWN RISK.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PREMIUM HOLDINGS LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING FROM OR RELATED TO NIMIBOT OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AND EVEN IF WE WERE TOLD THE LOSS WAS POSSIBLE. THIS INCLUDES, WITHOUT LIMITATION: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, SALES, ORDERS, GOODWILL OR DATA; WRONG, MISLEADING OR HARMFUL AI ANSWERS OR RECOMMENDATIONS; INCORRECT PRICES, DISCOUNTS, SIZES OR COMPATIBILITY; CART CHANGES; CLAIMS BY YOUR SHOPPERS OR ANY THIRD PARTY; SECURITY INCIDENTS; AND OUTAGES OR FAILURES OF SHOPIFY OR ANY THIRD-PARTY PROVIDER.
IF, DESPITE THE ABOVE, WE ARE FOUND LIABLE, OUR TOTAL LIABILITY FOR ALL CLAIMS TOGETHER WILL NOT EXCEED THE LOWER OF (A) THE FEES YOU ACTUALLY PAID US FOR NIMIBOT IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100). DURING A FREE TRIAL OR ON A FREE PLAN, OUR TOTAL LIABILITY IS ZERO.
Some of these limits may not apply where the law does not allow them, for example for liability that cannot be limited under Israeli law. In that case our liability is limited to the smallest extent the law allows.
13. Indemnity
You will defend, indemnify and hold harmless Premium Holdings LTD and its directors, officers, employees and contractors from any claim, demand, loss, damage, fine, cost and expense (including reasonable legal fees) arising from your store, your products, your use of NimiBot, content or instructions you provide, claims by your shoppers, or your breach of these terms or of any law. We will tell you about such a claim, and you may not settle it in a way that imposes an obligation on us without our written consent.
14. Governing law and courts
These terms and any dispute relating to NimiBot are governed exclusively by the laws of the State of Israel, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The competent courts of the Tel Aviv-Jaffa district in Israel have exclusive jurisdiction over any dispute, and you consent to their jurisdiction. To the extent the law allows, any claim must be filed within one (1) year after the event giving rise to it, or it is permanently barred.
15. Suspension and termination
You can stop at any time by uninstalling the app. We may suspend or end your access at any time, with or without notice, including if you break these terms, do not pay, or if continuing would expose us or others to risk or legal liability. After uninstall, your data is deleted as described in the privacy policy. Sections 6 to 14 and 17 continue after the agreement ends.
16. Circumstances beyond our control
We are not responsible for delays or failures caused by events beyond our reasonable control, including war, hostilities, military operations, terrorism, emergency regulations, strikes, epidemics, natural disasters, power or internet failures, cyber attacks, and failures of Shopify or other providers.
17. General
- These terms, the privacy policy and the plan terms shown in the app are the entire agreement between us about NimiBot.
- We may update these terms. We will post the new version here and change the date above; material changes are announced in the app. Continuing to use NimiBot after that means you accept the new terms.
- If any part of these terms is found invalid or unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect.
- You may not transfer these terms without our written consent. We may transfer them, including as part of a merger, acquisition or sale of assets.
- Not enforcing a right is not a waiver of it. Nothing in these terms creates a partnership, agency or employment relationship.
- These terms are written in English. If they are translated, the English version prevails.
For shoppers using NimiBot on a store
If you are chatting with NimiBot on a store: the store is the seller and is responsible for its products, prices, orders, shipping and returns. NimiBot's answers are generated by AI, are for general information only and may be wrong. Always check the product page, price and policies before you buy. Premium Holdings LTD is not a party to your purchase and, to the fullest extent permitted by law, is not liable for any loss arising from the assistant's answers or your purchases. Your data is handled as described in the store's privacy policy and ours.
Contact
Premium Holdings LTD, Yael Man 1, Ramat HaSharon, Israel. Email support@nimibot.com.