These Terms of Service (“Terms”) are a legal agreement between you, the Shopify merchant or authorized representative using Gambit (“Merchant,” “you,” or “your”), and Gambit Technologies, LLC, an Illinois limited liability company (“Gambit,” “we,” “us,” or “our”).
By installing, accessing, or using the Gambit application, website, dashboard, recommendations, analytics, or related services, you agree to these Terms. If you do not agree to these Terms, do not install or use Gambit.
If you are using Gambit on behalf of a business, you represent that you have authority to bind that business to these Terms.
1. Description of the Services
Gambit is a Shopify application that helps merchants identify conversion rate optimization opportunities for their Shopify storefronts.
The Services may include:
- Analyzing storefront structure, theme layout, product pages, and store performance signals;
- Identifying conversion rate optimization opportunities;
- Generating AI-assisted recommendations and explanations;
- Creating proposed improvements, drafts, previews, or implementation guidance;
- Measuring the performance and impact of recommendations or changes;
- Supporting versioning, rollback, or review workflows where available; and
- Providing related analytics, reporting, and support.
Gambit is designed to help merchants make better storefront decisions. Gambit does not guarantee any specific increase in sales, revenue, conversion rate, average order value, or business performance.
2. Eligibility and Account Requirements
To use Gambit, you must:
- Have an active Shopify store;
- Be at least 18 years old or the age of majority in your jurisdiction;
- Have legal authority to bind the Merchant to these Terms;
- Provide accurate and complete information;
- Comply with Shopify’s applicable terms, policies, and platform requirements; and
- Use Gambit only for lawful business purposes.
You are responsible for maintaining the security of your Shopify account, Gambit account access, passwords, credentials, and any users authorized to access Gambit on your behalf.
3. Shopify Platform
Gambit operates in connection with Shopify and depends on Shopify APIs, billing, infrastructure, permissions, and platform functionality.
You acknowledge that:
- Your use of Shopify is governed by Shopify’s own terms and policies;
- Shopify may change its APIs, permissions, requirements, billing rules, or platform functionality;
- Gambit may need to modify the Services to comply with Shopify requirements or platform changes;
- Shopify may control or limit certain installation, billing, data, or app functionality; and
- Gambit is not responsible for Shopify’s availability, performance, errors, policies, decisions, or changes.
4. Merchant Responsibilities
You are responsible for your Shopify store and your use of Gambit.
You agree to:
- Review recommendations, drafts, previews, and proposed changes before relying on them or publishing them;
- Confirm that any change is appropriate for your store, products, customers, brand, and legal obligations;
- Maintain appropriate backups or copies of important store content, theme files, and business records;
- Ensure you have all necessary rights to store content, product images, trademarks, copy, data, and other materials used with Gambit;
- Comply with all applicable laws, including consumer protection, advertising, accessibility, intellectual property, privacy, data protection, and ecommerce laws;
- Provide legally required notices and obtain legally required consents from your customers and visitors;
- Configure Shopify privacy, consent, and customer data settings as required for your business;
- Promptly review your store after applying or publishing any change;
- Not use Gambit to mislead customers, violate laws, infringe rights, or harm Shopify, Gambit, merchants, customers, or third parties; and
- Not interfere with, reverse engineer, scrape, overload, copy, resell, or misuse the Services.
You remain solely responsible for your store, products, pricing, claims, offers, policies, checkout experience, customer communications, and business decisions.
5. AI-Assisted Recommendations and Store Changes
Gambit may use artificial intelligence and machine learning technologies to analyze your store, generate recommendations, create explanations, suggest copy or layout improvements, and assist with proposed storefront improvements.
You acknowledge and agree that:
- AI-generated outputs may be incomplete, inaccurate, inappropriate, outdated, or unsuitable for your store;
- Gambit’s recommendations are informational and operational support tools, not professional legal, financial, tax, marketing, accessibility, or compliance advice;
- You are responsible for reviewing all recommendations, drafts, previews, and proposed changes before relying on them;
- You are responsible for verifying that any AI-generated copy, claim, layout, or recommendation is accurate, lawful, brand-appropriate, and suitable for your customers;
- Gambit does not guarantee that any recommendation will improve conversions, revenue, profitability, or customer experience; and
- Gambit does not publish live storefront changes without Merchant authorization.
Where Gambit provides draft, preview, implementation, or rollback functionality, those tools are provided to support Merchant review and control. You are responsible for confirming that any published changes function properly on your theme, devices, browsers, apps, and customer journeys.
6. Subscription, Billing, and Payment
6.1 Billing Through Shopify
Gambit may be offered through paid subscriptions, usage-based charges, free trials, promotional plans, or other pricing structures displayed in Shopify, the Shopify App Store, or within Gambit.
Unless otherwise stated, billing is handled through Shopify. By approving a paid plan, trial, or charge, you authorize Shopify to charge you according to the pricing and billing terms presented during installation, plan selection, or charge approval.
6.2 Free Trials and Promotions
Gambit may offer free trials or promotional access. Trial terms will be disclosed at the time of sign-up or plan selection.
Unless otherwise stated, if you do not cancel before a paid subscription begins, you may be charged through Shopify after the trial or promotional period ends.
6.3 Plan Changes
If you upgrade, downgrade, or change your plan, the change may take effect immediately or at the next billing period, depending on the billing flow and terms displayed in Shopify or Gambit.
6.4 Cancellations
You may cancel your subscription by uninstalling Gambit from your Shopify store or using any cancellation method made available through Shopify or Gambit.
You are responsible for any charges incurred before cancellation. Uninstalling Gambit may stop future billing but does not automatically entitle you to a refund for prior charges.
6.5 Refunds
Fees are non-refundable except where required by law, required by Shopify, or expressly approved by Gambit in writing.
We may review refund requests on a case-by-case basis, but we are not obligated to provide refunds for unused time, partial billing periods, merchant error, lack of use, dissatisfaction with recommendations, or failure to cancel before renewal.
6.6 Taxes
You are responsible for all applicable taxes, duties, and governmental charges associated with your use of Gambit, except taxes based on Gambit’s income.
7. Data and Privacy
Your use of Gambit is subject to our Privacy Policy, which explains how we collect, use, disclose, retain, and protect information.
By using Gambit, you authorize us to access and process Merchant Data and, where applicable, Customer Data as necessary to provide the Services.
You are responsible for ensuring that your use of Gambit complies with your own privacy policy, customer notices, consent obligations, Shopify settings, and applicable privacy and data protection laws.
Gambit will process personal information in accordance with our Privacy Policy and applicable legal and Shopify platform requirements.
8. Permissions and Store Access
To provide the Services, Gambit may request access to certain Shopify permissions, data, APIs, theme files, storefront events, analytics, or store configuration.
You authorize Gambit to access, use, process, and transmit information from your Shopify store as reasonably necessary to provide, maintain, secure, and improve the Services.
Gambit will only request permissions reasonably related to the Services. Some features may not function if required permissions are not granted, are removed, or become unavailable.
9. Intellectual Property
9.1 Gambit Property
Gambit and its software, technology, algorithms, models, workflows, designs, interfaces, documentation, trademarks, service marks, logos, content, and related materials are owned by Gambit Technologies, LLC or its licensors.
These Terms do not transfer any ownership rights in Gambit to you.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Gambit solely for your internal business use with your Shopify store.
9.2 Merchant Content
You retain ownership of your store content, product information, images, trademarks, copy, data, and other materials you provide or make available through Shopify or Gambit.
You grant Gambit a limited, worldwide, non-exclusive license to access, use, reproduce, process, display, modify, and create derivative works from Merchant Content solely as necessary to provide, maintain, secure, support, and improve the Services.
9.3 Recommendations and Outputs
Subject to your compliance with these Terms, you may use Gambit-generated recommendations, drafts, previews, implementation guidance, and outputs for your own Shopify store.
Gambit may use general learnings, aggregated data, deidentified data, feedback, and non-confidential usage information to improve the Services, provided we do not disclose your confidential Merchant Data or Customer Data except as described in our Privacy Policy.
9.4 Feedback
If you provide suggestions, ideas, feedback, or recommendations about Gambit, you grant us the right to use them without restriction, obligation, or compensation to you.
10. Confidentiality
In connection with the Services, either party may receive non-public information that should reasonably be understood to be confidential.
Each party agrees to use the other party’s confidential information only as necessary to perform under these Terms and to protect it using reasonable care.
Confidential information does not include information that is publicly available, independently developed without use of confidential information, lawfully received from a third party, or required to be disclosed by law.
11. Prohibited Uses
You may not use Gambit to:
- Violate any law, regulation, court order, or third-party right;
- Mislead, deceive, or harm customers;
- Publish false, unlawful, infringing, defamatory, or deceptive content;
- Interfere with or disrupt Gambit, Shopify, or third-party systems;
- Attempt to gain unauthorized access to systems, data, accounts, or networks;
- Reverse engineer, decompile, disassemble, copy, or attempt to derive source code from Gambit;
- Scrape, crawl, or harvest data from Gambit except as expressly permitted;
- Use Gambit to build a competing product or service;
- Resell, sublicense, rent, lease, or commercially exploit Gambit outside your own store;
- Upload malicious code, malware, or harmful content;
- Circumvent usage limits, security controls, or billing mechanisms; or
- Use Gambit in a way that could damage Gambit, Shopify, merchants, customers, or third parties.
We may suspend or terminate access if we reasonably believe you have violated this section.
12. Service Availability and Changes
We aim to provide a reliable and useful service, but we do not guarantee that Gambit will be uninterrupted, error-free, secure, or available at all times.
We may modify, suspend, discontinue, or limit any part of the Services at any time, including to:
- Improve or update functionality;
- Address security, legal, or operational issues;
- Comply with Shopify requirements;
- Prevent misuse;
- Respond to changes in third-party services;
- Perform maintenance; or
- Discontinue features that are no longer commercially or technically practical.
Where reasonably possible, we will try to provide notice of material changes that negatively affect paid Merchants, but we are not obligated to provide advance notice where immediate action is needed.
13. Beta, Experimental, or Early Access Features
Gambit may offer beta, experimental, early access, or preview features.
These features may be incomplete, unstable, inaccurate, or changed without notice. They are provided for testing and feedback and may be subject to additional terms.
We may modify, limit, or discontinue beta or experimental features at any time.
14. Third-Party Services
Gambit may rely on, link to, integrate with, or interact with third-party services, including Shopify, hosting providers, analytics providers, AI providers, payment processors, email providers, and other tools.
We are not responsible for third-party services, including their availability, security, performance, content, policies, data practices, or changes.
Your use of third-party services may be governed by separate terms and privacy policies.
15. Disclaimers
To the maximum extent permitted by law, Gambit is provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.
We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, accuracy, reliability, availability, security, and compatibility.
We do not warrant that:
- Gambit will meet your requirements;
- Gambit will increase conversions, revenue, sales, profit, or customer engagement;
- Recommendations or AI-generated outputs will be accurate, complete, lawful, or suitable;
- Drafts, previews, changes, or rollback tools will function perfectly with every theme, app, browser, device, or customization;
- Gambit will be uninterrupted, error-free, or secure; or
- Any defects or errors will be corrected.
You are responsible for reviewing, testing, and approving all recommendations and changes before publishing or relying on them.
16. Limitation of Liability
To the maximum extent permitted by law, Gambit Technologies, LLC and its owners, officers, employees, contractors, affiliates, agents, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, including:
- Lost profits;
- Lost revenue;
- Lost sales;
- Lost business opportunities;
- Loss of goodwill;
- Loss or corruption of data;
- Store downtime;
- Theme, app, or checkout issues;
- Customer complaints;
- Cost of replacement services;
- Damages arising from recommendations, AI-generated outputs, drafts, previews, or Merchant-approved changes; or
- Damages arising from Shopify, third-party services, or platform changes.
To the maximum extent permitted by law, Gambit’s total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of:
- The amount you paid to Gambit through Shopify for the Services during the three months before the event giving rise to the claim; or
- $100.
The limitations in this section apply regardless of the legal theory, whether based in contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Gambit Technologies, LLC and its owners, officers, employees, contractors, affiliates, agents, service providers, and licensors from and against any claims, demands, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of Gambit;
- Your Shopify store;
- Your products, services, offers, claims, pricing, policies, or customer communications;
- Your Merchant Content;
- Your use, publication, or implementation of recommendations, drafts, previews, outputs, or changes;
- Your violation of these Terms;
- Your violation of applicable law;
- Your violation of Shopify’s terms, policies, or requirements;
- Your violation of any third-party rights; or
- Your failure to provide required notices, obtain required consents, or comply with privacy or consumer protection obligations.
We reserve the right to control the defense of any matter subject to indemnification, and you agree to cooperate with our defense.
18. Suspension and Termination
18.1 Termination by You
You may stop using Gambit at any time by uninstalling the app from your Shopify store or using any cancellation method made available through Shopify or Gambit.
You remain responsible for charges incurred before cancellation or termination.
18.2 Suspension or Termination by Gambit
We may suspend or terminate your access to Gambit if we reasonably believe that:
- You violated these Terms;
- Your use creates a security, legal, operational, or reputational risk;
- Your use may harm Gambit, Shopify, merchants, customers, or third parties;
- You failed to pay applicable fees;
- Your account information is inaccurate or unauthorized;
- We are required to do so by law, Shopify, or a third-party provider; or
- We discontinue the Services.
18.3 Effect of Termination
Upon termination, your right to access and use Gambit ends.
Uninstalling Gambit may remove or disable certain app functionality, but changes already published to your store may remain unless you remove, revert, or modify them.
We may retain or delete information after termination as described in our Privacy Policy and as required by law, Shopify requirements, or legitimate business needs.
Sections that by their nature should survive termination will survive, including sections relating to payment obligations, intellectual property, confidentiality, privacy, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.
19. Changes to These Terms
We may update these Terms from time to time.
When we update these Terms, we will revise the “Last Updated” date above. Where changes are material, we may provide additional notice through the Services, by email, through Shopify, or by another appropriate method.
Your continued use of Gambit after updated Terms become effective means you accept the updated Terms.
If you do not agree to updated Terms, you must stop using Gambit and uninstall the app.
20. Governing Law
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles.
21. Dispute Resolution
Before filing a claim, you agree to contact us at Sergio@trygambit.com and attempt to resolve the dispute informally.
If we cannot resolve the dispute informally within 30 days, either party may bring a claim in the state or federal courts located in Illinois, unless another venue is required by applicable law.
You and Gambit agree to bring claims only on an individual basis and not as a plaintiff or class member in any class action, collective action, or representative proceeding, except where prohibited by law.
Nothing in these Terms prevents either party from seeking injunctive or equitable relief for unauthorized use of intellectual property, misuse of confidential information, security incidents, or other urgent harm.
22. Export and Sanctions Compliance
You may not use Gambit if you are located in, organized under the laws of, or ordinarily resident in a country or region subject to applicable trade sanctions, or if you are identified on a restricted-party list.
You agree to comply with applicable export control, sanctions, and trade laws.
23. Assignment
You may not assign or transfer these Terms without our prior written consent.
We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, operation of law, or transfer of the Services.
24. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
25. No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.
26. Entire Agreement
These Terms, together with our Privacy Policy and any plan, billing, or feature-specific terms presented in Shopify or Gambit, constitute the entire agreement between you and Gambit regarding the Services.
27. Contact Us
If you have questions about these Terms, please contact us: