Octopus Terms of Service

These Terms of Service ("Terms") govern access to and use of Octopus, a Shopify shopping-assistant application operated by Delight OptoElectronics, trading as Delight Systems("Delight", "we", "us", or "our"). By installing, selecting a plan for, or using Octopus, the merchant agrees to these Terms.

1. Eligibility and authority

You must be able to enter a binding agreement and must be authorized to act for the Shopify merchant account that installs Octopus. You are responsible for keeping your Shopify account and authorized-user access secure.

2. The service

Octopus provides an embedded merchant interface and an optional storefront shopping assistant. Depending on configuration, it can use approved Shopify catalog and store information to answer questions, recommend and compare products, present current variants and availability, support verified cart actions, provide analytics, and route shoppers to merchant support.

Features may change as the service improves. We may suspend a feature temporarily for maintenance, security, legal compliance, or to prevent material harm. We will use reasonable efforts to minimize disruption.

3. Merchant responsibilities

You are responsible for:

• the accuracy and legality of products, policies, instructions, and other store information made available to Octopus;
• configuring and testing the assistant, safety rules, support channels, theme app embed, and customer-facing disclosures before launch;
• obtaining any notices, permissions, or consents required for your storefront and complying with consumer, advertising, privacy, product, and accessibility laws that apply to your business;
• reviewing important product, compatibility, safety, inventory, shipping, tax, and pricing information before relying on it; and
• responding to shopper support and privacy requests for which you are responsible.

4. AI limitations

Octopus uses automated systems that can produce incomplete, outdated, or incorrect output even when safeguards are applied. You must not use Octopus as a substitute for professional, medical, legal, financial, or safety-critical advice. You are responsible for testing the experience on your store and for correcting source information and configuration under your control.

5. Acceptable use

You may not use Octopus to violate law or third-party rights; deceive or harm users; distribute malware; attempt unauthorized access; interfere with the service; bypass usage, security, or billing controls; extract another merchant's data; or provide prohibited, unlawful, or dangerous instructions. We may restrict or suspend use reasonably believed to create a security, legal, or platform risk.

6. Plans, billing, and plan changes

Available plans, prices, billing periods, trial terms, and usage limits are presented through Shopify App Pricing. Shopify processes app charges under the merchant's Shopify billing arrangements. Merchants can manage, upgrade, or downgrade their plan from Shopify's hosted plan-selection page linked inside Octopus. Unless the plan states otherwise, fees are recurring and do not include taxes. Octopus does not impose automatic overage charges; new conversations pause when the applicable allowance is exhausted until the plan is changed or the allowance resets.

7. Shopify and other services

Octopus depends on Shopify and other providers described in our Privacy Policy. Their services and terms are separate from ours. We are not responsible for a third-party service outside our control, but we remain responsible for selecting and managing our subprocessors as required by applicable law.

8. Data and privacy

Our Privacy Policy explains how Octopus processes information. As between the merchant and Delight, the merchant retains its rights in store content and shopper information. The merchant gives us the limited permission needed to process that information to provide, secure, support, and improve Octopus and meet legal obligations.

9. Intellectual property

Delight and its licensors retain all rights in Octopus, including its software, design, documentation, and branding. Subject to these Terms and payment of applicable fees, we grant the merchant a limited, non-exclusive, non-transferable right to use Octopus with its Shopify store during the subscription. Feedback may be used to improve Octopus without identifying the person who supplied it.

10. Confidentiality

Each party will use the other party's non-public information only to perform under these Terms and will protect it with reasonable care. This does not apply to information that is public through no breach, independently developed, lawfully received from another source, or required to be disclosed by law.

11. Disclaimers

To the extent permitted by law, Octopus is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

12. Limitation of liability

To the extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data. Delight's aggregate liability arising from Octopus will not exceed the fees paid for Octopus by the merchant during the three months before the event giving rise to the claim. These limits do not apply where liability cannot lawfully be limited.

13. Termination

A merchant may stop using Octopus by cancelling its plan and uninstalling the app. We may suspend or terminate access for a material breach, non-payment, security risk, legal requirement, or Shopify platform restriction. On confirmed uninstallation, active merchant data is deleted as described in the Privacy Policy. Provisions that by their nature should survive termination will remain effective.

14. Changes to these Terms

We may update these Terms to reflect service, legal, or operational changes. We will publish the revised Terms with a new effective date and provide additional notice of material changes where appropriate. Continued use after the effective date means acceptance of the revised Terms, except where applicable law requires another form of consent.

15. Governing law

These Terms are governed by the laws of India, without regard to conflict-of-law rules. Subject to any mandatory consumer rights, courts located in Bengaluru, Karnataka will have exclusive jurisdiction over disputes relating to these Terms.

16. Contact