1. Agreement
These Terms of Service ("Terms") are a contract between you and [COMPANY LEGAL NAME], a company incorporated in Hong Kong, with its registered address at [COMPANY ADDRESS] ("Whistle Commerce", "we", "us"). They govern your use of the Whistle Commerce website at whistlecommerce.com, the web app and the integrations you connect (the "Service").
By creating an account, subscribing or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service for a company, you confirm that you can bind that company to these Terms, and "you" means that company.
2. The Service
Whistle Commerce is an AI agent for e-commerce sellers. You chat with it in plain English and it can:
- research products, competitors and ads on the public web and in public data sources such as the Meta Ad Library and Google Trends;
- write files and code in an isolated workspace that belongs to each chat;
- build store pages and other content for your store;
- read data from the Shopify, Meta and Google Ads accounts you choose to connect, and make changes to your Shopify store when you explicitly tell it to.
We keep improving the Service, so features may change over time. We will not remove a core feature you are paying for without telling you first.
3. Accounts
- You must be at least 18 years old and use the Service for business or professional purposes.
- Give us accurate account information and keep it up to date.
- Keep your login details safe. You are responsible for everything that happens under your account. Tell us at once at hello@whistlecommerce.com if you think someone else has accessed it.
- One subscription is for one person. Do not share your login with others.
4. Subscription and billing
- The Service costs USD 200 per month, plus any taxes that apply where you live.
- Payments are processed by Stripe. By subscribing you authorise us, through Stripe, to charge your payment method at the start of each monthly billing period.
- Your subscription renews automatically every month until you cancel.
- If a payment fails, we may retry it and may pause your access until the payment goes through.
- We may change the price. We will tell you by email at least 30 days before a new price applies to you, and the new price starts from your next billing period after that notice. If you do not agree, you can cancel before it takes effect.
5. Cancellation and refunds
- Cancel anytime. You can cancel in your account settings or by emailing hello@whistlecommerce.com. Cancellation stops future charges.
- Access until the end of the paid period. After you cancel, you keep full access until the end of the monthly period you have already paid for. Your subscription then ends and you will not be charged again.
- Refunds. Payments are non-refundable, and we do not give refunds or credits for partial months, unused time or unused AI usage, unless the law where you live requires it. If we charge you by mistake (for example a duplicate charge, or a charge after you cancelled), we will refund that charge in full.
- Nothing in these Terms limits any right to a refund or cancellation that you have under mandatory consumer protection law.
6. Usage limits and fair use
Running an AI agent has real costs, so each subscription includes a monthly AI usage cap. The app shows how much of it you have used.
- If you reach the cap, we may pause or slow down AI features until your next billing period starts.
- Unused usage does not roll over to the next month.
- We may also set reasonable limits on things like workspace storage, the number of parallel chats and request rates, to keep the Service fast and fair for everyone.
- Automated or scripted use that is designed to get around these limits is not allowed.
7. Connected accounts
You can connect your own Shopify, Meta (Marketing API, read-only ad insights) and Google Ads (read-only campaign performance) accounts. When you do:
- you confirm you are allowed to connect that account and to give us access to its data;
- we only access it to provide the features you ask for, as described in our Privacy Policy;
- the agent changes your Shopify store only when you explicitly instruct it to. You are responsible for checking what you ask it to change, and for reviewing your store after any change;
- the terms and policies of Shopify, Meta and Google also apply to your use of those platforms, and we are not responsible for their services;
- you can disconnect any integration at any time.
8. AI output
Please read this carefully. The agent produces answers, research, copy, code and store pages using AI. AI output can be wrong, incomplete, out of date or not right for your situation, even when it sounds confident.
- Output is for general business information only. It is not financial, investment, legal, tax or accounting advice. Talk to a qualified professional before making those kinds of decisions.
- Sales, profit, product and ad performance figures are estimates. We do not promise any business result.
- Research based on public data may be incomplete or inaccurate, because the sources themselves can be.
- You are responsible for everything you publish or run, including your ads, product claims, prices, store content, and compliance with advertising rules, consumer protection, product safety, import and tax law, and the policies of the platforms you sell or advertise on.
- Check output before you use it, especially code, legal text, health or safety claims, and anything that affects customers or money.
9. Acceptable use
You must not use the Service to:
- create fake reviews, fake testimonials, fake social proof or fake urgency;
- make false, misleading or deceptive claims about products, prices, results, health effects or endorsements;
- sell or promote illegal, counterfeit, stolen or dangerous products, or products that infringe someone else's trademark, copyright or other rights;
- scrape or crawl websites abusively, get around access controls or rate limits, or collect personal data about people without a lawful basis;
- send spam, run phishing or fraud, or build malware;
- break the law or the terms of Shopify, Meta, Google or any other platform you use;
- resell, sublicense or share access to the Service, or offer it as part of your own product, without our written permission;
- attack, overload, reverse engineer or try to get unauthorised access to the Service, its workspaces or other users' data;
- try to extract our system prompts, models or know-how to build a competing product.
We may remove content, limit features or suspend accounts that break these rules.
10. Your content
- You keep ownership of what you put into the Service (your messages, files and store data) and, as between you and us, of the output the agent creates for you, to the extent the law allows.
- You give us a limited licence to host, process and transmit your content only as needed to run the Service for you, as described in our Privacy Policy.
- We do not use your content or connected account data to train AI models.
- Similar output may be generated for other users, and we cannot promise that output is unique or that it is protected by intellectual property law.
- You are responsible for having the rights to anything you upload, and for making sure the output you use does not infringe anyone else's rights.
- Keep your own copies of important work. Chats and project files are partly stored in your browser, and clearing your browser data can remove them.
11. Our property
The Service, including its software, design, prompts, knowledge base, brand and logo, belongs to us or our licensors and is protected by law. Apart from the right to use the Service under these Terms, we do not give you any rights in it. If you send us feedback or ideas, we may use them freely without paying you.
12. Third-party services
The Service relies on third parties, including a cloud hosting provider, AI model providers, a payment processor (Stripe), web data providers and the platforms you connect. We choose them carefully but we do not control them and are not responsible for their availability, content or actions. Links to other websites are for convenience only.
13. Suspension and termination
- You can stop using the Service and cancel at any time, as explained in section 5.
- We may suspend or end your access, with notice where reasonable, if you seriously or repeatedly break these Terms, do not pay, create risk or legal exposure for us or others, or if we are required to by law. If we end the Service for reasons that are not your fault, we will refund any prepaid fees for the unused part of your billing period.
- When your account ends, we delete your data as described in our Privacy Policy. Download anything you want to keep before that.
- Sections that by their nature should survive termination (such as 8, 10, 11 and 14 to 19) continue to apply.
14. Disclaimers
To the fullest extent the law allows, the Service is provided "as is" and "as available". We do not promise that it will be uninterrupted, error free or secure at all times, that output will be accurate or fit for a particular purpose, or that using it will bring any particular sales or results. Some places do not allow certain disclaimers, so some of these may not apply to you.
15. Limitation of liability
- To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, sales, data, goodwill or business opportunities, or for ad spend, platform account bans or store changes made on your instructions.
- Our total liability for all claims relating to the Service is limited to the amount you paid us in the 12 months before the event that caused the claim.
- Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence.
16. Indemnity
You agree to cover us against claims, losses and reasonable costs (including legal fees) brought by third parties that arise from your store, your products, your ads, content you publish, or your breach of these Terms or the law.
17. Governing law and disputes
These Terms are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have exclusive jurisdiction over any dispute arising from them or from the Service. Before starting any formal proceedings, please contact us at hello@whistlecommerce.com so we can try to resolve the issue informally. If you are a consumer, you also keep any protection given to you by the mandatory laws of the country where you live.
18. Changes to these terms
We may update these Terms. We will change the "Last updated" date above, and if the changes are significant we will tell you by email or in the app at least 14 days before they take effect. If you keep using the Service after that, you accept the new Terms. If you do not agree, you can cancel before they take effect.
19. General
- These Terms and our Privacy Policy are the whole agreement between you and us about the Service.
- If any part of these Terms is found unenforceable, the rest stays in effect.
- If we do not enforce a right straight away, we do not give it up.
- You may not transfer your account or these Terms without our consent. We may transfer them to a company that takes over our business.
- We are not responsible for delays or failures caused by events outside our reasonable control.
- These Terms are written in English. If they are translated, the English version applies.