1. Agreement to these Terms
These Terms of Service (“Terms”) form an agreement between you, the person or business using AI Upsell Engine (“you” or “your”), and Skylitech Solution LLP (“SkyliTech,” “we,” “us,” or “our”). By installing, subscribing to, accessing, or using AI Upsell Engine (the “Service”), you agree to these Terms.
If you use the Service for a company or other organization, you represent that you are authorized to bind that organization to these Terms.
If you do not agree, do not install or use the Service.
2. The Service
AI Upsell Engine is a BigCommerce application that provides product recommendations, Frequently Bought Together experiences, Smart Cart upsells, cart recommendations, Campaigns, merchandising controls, analytics, attribution, AI-assisted features, and support/diagnostic tools.
The Service depends on BigCommerce APIs, storefront capabilities, third-party infrastructure, your store configuration, product data, theme behavior, internet connectivity, and other systems outside our direct control.
Features vary by plan and may require sufficient product/catalog information, eligible order history, supported storefront conditions, or other prerequisites described in the app or our documentation.
3. Eligibility and authorized users
You must have legal capacity to enter into these Terms and be authorized to act for the BigCommerce store that installs or uses the Service. The Service is intended for business use.
You are responsible for users who access the app through your BigCommerce account and for maintaining appropriate permissions within BigCommerce.
5. Plans, trials, subscriptions, and billing
Paid subscriptions are offered through BigCommerce Unified Billing. Current plan names, features, and standard prices are shown on our Pricing page and in the app. Enterprise or negotiated arrangements may have separate written terms.
5.1 Free trials
Where offered, standard paid plans may include a 14-day trial. Trial eligibility may be limited to prevent repeat or abusive trial use. A trial may end immediately if the subscription is canceled before it has been invoiced, consistent with BigCommerce billing behavior.
5.2 Charges
By approving a paid subscription, you authorize BigCommerce to charge the applicable subscription amount using the billing relationship associated with your BigCommerce account. Taxes, currency conversion, platform charges, or other amounts may apply according to BigCommerce and applicable law.
5.3 Renewal
Unless canceled, recurring subscriptions renew according to the billing interval shown at checkout. You are responsible for reviewing the plan and price shown before approving checkout.
5.4 Plan changes
Plan upgrades, downgrades, and feature availability are subject to the options supported by the Service and BigCommerce Unified Billing. A plan change may alter storefront allowances, recommendation views, Campaign limits, merchandising rules, analytics history, AI catalog size, AI generations, and support capabilities.
6. Usage limits and fair use
Plans include defined limits. Examples include active storefronts, qualified recommendation views, active Campaigns, merchandising rules, recommendation depth, AI catalog products, AI generations, and analytics history.
We may restrict the affected capability when a limit is reached rather than silently exceed the plan allowance. Usage counters may use deduplication, eligibility rules, bot filtering, reconciliation, and other technical controls designed to count qualifying use accurately.
You may not intentionally evade, manipulate, or bypass plan limits, metering, trial eligibility, billing controls, or security safeguards.
7. Your responsibilities
You are responsible for:
- the accuracy, legality, and quality of your store, products, offers, Campaigns, pricing, and content;
- ensuring that your use of recommendations, promotions, discounts, analytics, and AI-generated content complies with applicable law and your own customer commitments;
- reviewing products and messaging before publishing or activating Campaigns;
- maintaining accurate product availability, options, pricing, and storefront configuration in BigCommerce;
- obtaining any shopper notices, consents, or permissions required by privacy, marketing, cookie, consumer-protection, or other applicable laws;
- maintaining the security of your BigCommerce account and authorized users; and
- testing material storefront changes, theme changes, and Campaign changes before relying on them in production.
You must not use the Service to violate law, infringe third-party rights, distribute malware, interfere with the Service, attempt unauthorized access, reverse engineer protected components except where law permits, or use the Service in a manner that could harm BigCommerce, other stores, shoppers, or our infrastructure.
8. AI-assisted features
The Service includes AI-assisted features such as product/catalog matching, Campaign ideas or copy, and eligible support guidance. AI output is generated from statistical models and may be incomplete, inaccurate, outdated, unsuitable, or unexpected.
You are responsible for reviewing AI-generated content before using it. AI output does not constitute legal, tax, financial, medical, or other professional advice.
AI Support may suggest likely causes and controlled next steps, but it is not intended to autonomously modify theme files, billing, Campaigns, or storefront settings without the controls described in the app.
9. Data, privacy, and security
Our handling of information is described in our Privacy Policy. You retain ownership of your store data and content. You grant us a limited right to process that information only as necessary to provide, secure, maintain, support, and improve the Service and to comply with law.
We use reasonable safeguards, but no service can guarantee absolute security or uninterrupted availability. You should maintain appropriate backups and business continuity practices for information that is important to your store.
10. Intellectual property
The Service, including its software, design, user interface, documentation, trademarks, logos, recommendation logic, proprietary workflows, and other materials provided by us, is owned by or licensed to SkyliTech and is protected by applicable intellectual-property laws.
Subject to these Terms and your active entitlement, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own BigCommerce business.
You retain ownership of content you submit. If you provide suggestions or feedback about the Service, you grant us permission to use that feedback without restriction or compensation, provided we do not identify you publicly without permission.
11. Third-party platforms and services
The Service integrates with BigCommerce and may rely on infrastructure, AI, hosting, email, and other service providers. Third-party services are governed by their own terms, privacy practices, availability, and technical limitations.
We are not responsible for outages, API changes, billing issues, theme behavior, account restrictions, or other failures caused primarily by BigCommerce or another third-party service outside our reasonable control, although we will make reasonable efforts to help diagnose supported issues.
12. Availability, maintenance, and changes
We may update, improve, replace, or discontinue features to maintain security, reliability, compatibility, legal compliance, or product quality. We may perform maintenance or experience interruptions.
We will make reasonable efforts to avoid materially reducing the core value of a paid plan without notice, but we do not guarantee that every feature or integration will remain unchanged forever.
13. Suspension, cancellation, and termination
You may stop using the Service at any time. Subscription cancellation is governed by our Cancellation & Refund Policy and the applicable BigCommerce billing process.
We may suspend or restrict access where reasonably necessary for security, nonpayment, plan-limit enforcement, abuse, violation of these Terms, legal requirements, platform restrictions, or conduct that threatens the Service or other users.
We may terminate the Service or your access for a material breach that is not cured within a reasonable period after notice where cure is appropriate. We may act immediately for fraud, security threats, unlawful activity, or serious abuse.
Provisions that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, liability limitations, dispute provisions, and lawful retention—will survive.
14. Disclaimers
To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation where such disclaimers are permitted.
We do not guarantee any specific increase in conversion rate, average order value, revenue, profit, or other commercial result. Recommendation performance depends on factors such as catalog quality, order history, shopper behavior, pricing, merchandising, theme implementation, store traffic, and market conditions.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss of data arising from or related to the Service, even if advised that such loss may occur.
To the maximum extent permitted by law, SkyliTech’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the subscription fees paid for the Service during the six (6) months immediately before the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
16. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless SkyliTech and its personnel from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Service, your store content or offers, your breach of these Terms, or your infringement of third-party rights.
17. Governing law and disputes
Unless mandatory law requires otherwise, these Terms are governed by the laws of India, without regard to conflict-of-laws principles. Courts with jurisdiction in Kolkata, West Bengal, India will have exclusive jurisdiction over disputes arising from these Terms or the Service, subject to any mandatory rights that apply to you.
Before filing a formal claim, the parties agree to make reasonable good-faith efforts to resolve the issue through written communication.
18. General terms
If any provision is found unenforceable, the remaining provisions remain effective. A waiver of one breach is not a waiver of another. You may not assign these Terms without our written consent, except as part of a lawful transfer of your business where the Service and BigCommerce account are also properly transferred. We may assign these Terms as part of a reorganization, merger, acquisition, or sale of the Service or business.
These Terms, together with the Privacy Policy, Cancellation & Refund Policy, applicable checkout information, and any signed Enterprise agreement, constitute the agreement governing your use of the Service. If an Enterprise agreement expressly conflicts with these Terms, the signed Enterprise agreement controls for that conflict.
We may update these Terms. We will post the revised Terms at this URL and update the “Last updated” date. Material changes may be communicated through the app, website, or email where appropriate. Continued use after an updated version becomes effective constitutes acceptance to the extent permitted by law.
19. Contact
Skylitech Solution LLP
India
Support: support@aiupsellengine.com
General inquiries: contact@aiupsellengine.com
Website: https://aiupsellengine.com