Terms of Service

Last updated: May 2, 2026

These Terms of Service ("Terms") govern your access to and use of Kovyo, a marketing automation service operated by Kovyo ("we", "us", "our") for Shopify merchants. By installing Kovyo or creating an account, you agree to these Terms.

1. Eligibility & account

You must be at least 18 years old and authorized to bind the business that owns the connected Shopify store. You are responsible for keeping your login credentials secure and for any activity under your account.

2. The service

Kovyo provides email marketing automation, popups, segmentation, and analytics for Shopify stores. Features available to your account depend on the plan you have selected. We may add, change or remove features over time.

3. Plans, billing & overages

  • The Free plan is offered for as long as we operate Kovyo, with the limits stated on our pricing page.
  • Paid plans are billed monthly in advance in USD via our payment processor.
  • Email overage: if you exceed your plan's monthly email allowance, sending is paused until the next billing cycle or until you upgrade. We will not automatically charge you for additional emails.
  • Contacts overage: if your contact list exceeds your plan's limit, you keep access to existing contacts but cannot import or capture new ones until you upgrade.
  • You can cancel at any time. Cancellation takes effect at the end of the current billing period and is non-refundable.

4. Acceptable use

You agree not to use Kovyo to:

  • Send unsolicited bulk email (spam) or messages that violate CAN-SPAM, GDPR, CCPA, CASL or any applicable anti-spam law
  • Send to purchased, scraped or rented contact lists
  • Send content that is illegal, deceptive, infringing, harassing, or sexually explicit involving minors
  • Impersonate any person or entity, or send from an unauthorized "from" address
  • Attempt to reverse engineer, probe, scan, overload, or interfere with the service
  • Use Kovyo for industries where mass email is generally prohibited (e.g. payday loans, illegal pharmaceuticals, gambling without proper licensing, MLM, work-from-home schemes)

We monitor sending reputation. If your bounce rate, spam complaint rate, or unsubscribe rate exceeds industry-standard thresholds, we may pause sending on your account and contact you to investigate.

5. Your content & data

You retain all rights to the content you upload (email templates, popup copy, images, contact lists). You grant Kovyo a worldwide, non-exclusive, royalty-free license to host, store, transmit and display that content solely to operate the service for you.

You are solely responsible for ensuring you have the legal basis (consent, legitimate interest, or contract) to email each contact in your list. See our Privacy Policy for how we handle data.

6. Service availability

We aim for 99.9% monthly uptime but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages (Shopify, Supabase, Resend, Vercel), or force majeure events may cause downtime. We do not provide SLA credits on the Free plan.

7. Termination

You may uninstall Kovyo from your Shopify store at any time, which terminates your account. We may suspend or terminate your account if you violate these Terms, fail to pay, or cause harm to the service or other users. Upon termination, we delete your data per our retention policy.

8. Disclaimers

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure.

9. Limitation of liability

To the maximum extent permitted by law, Kovyo's total liability for any claim arising out of or relating to the service is limited to the amount you paid us in the twelve (12) months preceding the claim, or USD 100, whichever is greater. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or lost revenue.

10. Indemnification

You agree to indemnify and hold Kovyo harmless from any claim, loss, or expense (including reasonable legal fees) arising from your use of the service, your content, or your violation of these Terms or applicable law — in particular, claims related to spam, copyright infringement, or unauthorized use of third-party data.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of the service after the effective date constitutes acceptance of the revised Terms.

12. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Delaware, except where applicable consumer protection law provides otherwise.

13. Contact

Questions about these Terms? Email legal@kovyo.co.

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