Terms of Service

1. Service Description

Kesper ("we", "our", "the Service") is an AI-powered business operations platform that provides automated analysis, marketing tools, inventory management, and business intelligence for retail and reselling businesses. The Service is operated by Kesper and accessible at kesper.io.

2. Account Terms

By creating a Kesper account, you represent that:

• You are at least 18 years of age.
• The information you provide during registration is accurate and complete.
• You are responsible for maintaining the security of your password and account credentials.
• You are responsible for all activity that occurs under your account.

3. Free Trial

Kesper offers a 7-day free trial with full access to paid-tier features. No credit card is required to start a trial on kesper.io; merchants installing from the Shopify App Store will approve the subscription through Shopify and are not charged during the trial period. When the trial ends, your account will either convert to the paid plan you selected or revert to the limited Starter tier if no upgrade was made.

4. Billing & Subscriptions

Kesper supports two billing paths depending on how you signed up:

• Direct signups (kesper.io): Billing is handled by Stripe. By subscribing you agree that Stripe processes your payment information under Stripe's own terms.
• Shopify App Store installs: Billing is handled through Shopify's subscription billing API. Charges appear on your Shopify bill, and cancellation is managed from your Shopify admin under Apps → Kesper.

By subscribing to a paid plan, you agree that:

• The paid plan is $49 per month. Enterprise pricing is available upon request.
• Subscriptions automatically renew at the end of each billing cycle.
• You may cancel at any time. Cancellation takes effect at the end of the current billing period; we do not prorate partial months.
• Refund requests are handled on a case-by-case basis. Contact support@kesper.io for assistance.

5. Acceptable Use

You agree not to:

• Scrape, crawl, or programmatically extract data from Kesper outside of provided APIs.
• Abuse, overload, or interfere with the AI agents or infrastructure.
• Resell, sublicense, or redistribute the Service or its output to third parties as a competing product.
• Use the Service for any illegal activity or in violation of applicable laws.

6. Data & Privacy

Your use of Kesper is also governed by our Privacy Policy. User data is encrypted in transit and at rest. POS credentials and marketplace API keys are stored using AES-256-GCM encryption.

7. Data Processing for Merchants

When you install Kesper on a commerce platform (such as Shopify) and connect your store, Kesper processes a limited set of your customers' personal data on your behalf. For the purposes of GDPR, UK GDPR, and analogous regimes:

• You are the data controller of your customers' personal data. Kesper is the data processor.
• Purpose & fields: Kesper processes customer name, email, phone, address, and order data solely to generate the operational brief described in the Service Description. The specific fields and purposes are listed in our Privacy Policy, Section 2.
• Sub-processors: Kesper engages the sub-processors listed in our Privacy Policy (Railway for hosting and database, Stripe and Shopify for billing, Slack for notifications, Anthropic / OpenAI / NVIDIA for AI inference, Resend for transactional email). End-customer PII is not sent to AI providers.
• Security: TLS 1.2+ in transit; AES-256 at rest (database and backups); scrypt password hashing; role-based access; immutable audit logging on data-touching mutations. Incident response is governed by our SECURITY.md (available on request).
• Deletion: Kesper honors Shopify's customers/data_request, customers/redact, and shop/redact webhooks. Customer data is purged within 30 days of uninstall; individual customer redaction requests are honored immediately.
• No secondary use: Kesper does not sell, rent, or license your customer data, and does not use it to train AI models or for advertising.

8. AI Disclaimer

Kesper's AI agents provide suggestions, analysis, and operational intelligence. They are not financial advisors, legal counsel, or certified accountants. You should independently verify any critical business decisions before acting on AI-generated recommendations. Kesper does not guarantee the accuracy, completeness, or timeliness of any AI output.

9. Third-Party Integrations

When you connect third-party platforms such as Shopify, eBay, Amazon, Square, or other services, you authorize Kesper to access your data on those platforms in accordance with their respective terms of service. Kesper is not responsible for changes to third-party APIs or terms that may affect integration functionality.

10. Limitation of Liability

To the maximum extent permitted by law, Kesper shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service. Our total liability for any claim arising from these Terms shall not exceed the amount you paid to Kesper in the twelve months preceding the claim.

11. Termination

Either party may terminate this agreement at any time. If you cancel your account, your data will remain available for export for 30 days following cancellation. After that period, your data will be permanently deleted. Kesper reserves the right to suspend or terminate accounts that violate these Terms.

12. Changes to These Terms

We may update these Terms of Service from time to time. If we make material changes, we will notify you at least 30 days in advance via email. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Contact

If you have questions about these Terms, please contact us at support@kesper.io.