Terms of Service

Welcome to Cursive. These Terms of Service (the "Terms") constitute a legally binding contract between Cursive AI, Inc. ("Cursive", "we", "us", or "our") and the storefront owner, merchant, or representative ("Merchant", "you", or "your") installing the Cursive Shopify application.

By installing the Cursive App onto your Shopify store, or utilizing our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not install the application or use our services.

1. Scope of Service

Cursive provides an autonomous marketing automation tool that monitors checkout webhooks and customer actions on your Shopify store to draft, optimize, and send transactional, winback, and cart recovery emails. You acknowledge that Cursive operates using automated AI agent reasoning. While we compile and tune our algorithms for brand voice accuracy, the ultimate responsibility for campaign parameters, pricing updates, and content choices rests with you.

2. Shopify App Integration and Store Authorization

To enable the Service, you must authorize the Cursive app through Shopify’s OAuth protocol. You agree that:

• You are authorized to bind your Shopify store to these Terms.
• Cursive is permitted to access API endpoints for storefront data, checkout webhooks, customer metadata, and order histories as specified in our Privacy Policy.
• You will not interfere with, modify, or block Shopify API sync connections required for Cursive to perform checkout processing.

3. Acceptable Use and Marketing Laws

Cursive sends personal, text-first emails to your store customers. You must ensure that all email activities satisfy domestic and international marketing laws. You represent and warrant that:

• You will comply with the CAN-SPAM Act of 2003, Canada's Anti-Spam Legislation (CASL), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).
• You will not use the Service to transmit spam, unsolicited promotional materials, or deceptive headlines.
• You will ensure that your storefront collects active consent (opt-in) from customers before marketing emails are initiated, and you will honor all customer opt-out requests instantly.
• All templates generated by Cursive will automatically display active unsubscribe links as required by legal regulations.

4. Fees, Billing, and Subscriptions

Cursive services are charged on a monthly subscription basis across three tiers:

• Starter: $29 per month. Includes 500 AI emails, 3 active campaigns, and 100 AI chatbot messages per week.
• Growth: $99 per month. Includes 5,000 AI emails, unlimited campaigns, high-end MJML layout support, and visual editors.
• Pro: $199 per month. Includes 30,000 AI emails, custom sender domains, advanced analytics, white-label options, and dedicated support.

All fees are billed in US Dollars through Shopify's official application billing dashboard. Subscriptions are billed in advance on a recurring 30-day cycle. You can uninstall the application at any time, which halts all active billing cycles immediately.

5. Intellectual Property Rights

As between you and Cursive, Cursive retains all right, title, and interest in and to the Service, including the AI algorithms, design interfaces, web assets, and documentation. You grant Cursive a non-exclusive, worldwide, royalty-free license to parse, analyze, and process your storefront copy, item names, and brand assets solely to calibrate and execute your store's automated campaigns.

6. Limitation of Liability and Indemnification

To the maximum extent permitted by applicable law, in no event shall Cursive AI, Inc., its directors, employees, or partners, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of storefront profits, customer databases, goodwill, or operational interruptions.

You agree to defend, indemnify, and hold harmless Cursive AI, Inc. and its officers from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including attorney's fees) arising from your breach of CAN-SPAM, GDPR, or CCPA guidelines, or your unauthorized distribution of marketing campaigns.

7. Governing Law and Amendments

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notifications for material revisions.