Terms of Service

Effective April 25, 2026

These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”) and Label House Technologies LLP, a limited liability partnership registered in India with its office at PURI 81 HIGH STREET, SECTOR 81, Faridabad, Haryana 121004 (“Vakaru”, “we”, “us”). They govern your access to and use of the Vakaru cart-recovery service, including our website, dashboard, Shopify app, APIs, and related materials (collectively, the “Service”).

By creating an account, installing the Vakaru app, or using the Service, you accept these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Service.

1. The Service

Vakaru helps Shopify merchants recover abandoned shopping carts using AI-driven analysis and personalised email recovery. The Service is delivered as Software-as-a-Service and includes a merchant dashboard, the Vakaru Shopify app, AI cart-abandonment analysis, email content generation, and reporting.

The Service depends on third-party platforms — most notably Shopify and the email providers we use to deliver messages. Vakaru is not affiliated with, endorsed by, or sponsored by Shopify Inc.

2. Eligibility & Account

To use the Service you must:

  • Be at least 18 years old and able to enter into a binding contract under the laws applicable to you.
  • Operate an active Shopify store and have authority to install applications on it.
  • Provide accurate and complete information when signing up and keep it current.
  • Maintain the confidentiality of your account credentials. You are responsible for activity under your account; notify us at dev@getvakaru.com if you suspect unauthorised access.

We may verify your identity, your business, or your association with the connected Shopify store. We may suspend or terminate accounts that fail verification, or that appear to be fraudulent.

3. Acceptable Use

You will not, and will not let anyone else:

  • Use the Service to send unsolicited bulk email or to message recipients who have not provided lawful consent.
  • Violate any anti-spam law (including CAN-SPAM, CASL, GDPR, and the Indian DPDP Act) or any term of your email service provider.
  • Reverse-engineer, decompile, scrape, copy, modify, or create derivative works of the Service except as expressly permitted by law.
  • Resell, sublicense, time-share, or commercially exploit the Service without our prior written consent.
  • Upload or transmit malware, vulnerable code, or content that infringes third-party rights or violates law.
  • Use the Service for any illegal, harmful, fraudulent, or deceptive purpose, or to harass or defame any person.
  • Interfere with the integrity of the Service, attempt unauthorised access, or circumvent security or rate-limit controls.

You must also comply with the Shopify Partner Program Agreement, the Shopify API Terms, and any other applicable Shopify policies when using Vakaru with a Shopify store.

4. Pricing & Billing

4.1 Free tier

Vakaru offers a free tier subject to fair-use limits as published on our website or in the Service. We may change the limits or features of the free tier at any time on reasonable notice (typically 30 days for material reductions).

4.2 Per-email pricing

Beyond the free tier, the Service is charged on a usage basis: you pay for each recovery email triggered through Vakaru on your behalf. Current per-email rates and any volume tiers are published on our pricing page and form part of these Terms.

Charges are computed in arrears for the relevant billing period and invoiced via Shopify Billing or the payment method you have configured. All amounts are exclusive of applicable taxes (including GST in India), which we will add where required by law.

4.3 Disputed amounts

If you believe an invoice is incorrect, you must notify us in writing within 30 days of the invoice date. We will review the dispute promptly and adjust the invoice if appropriate. Undisputed amounts remain payable on time.

4.4 Late payment

We may suspend the Service for accounts with overdue balances after written notice and a reasonable cure period. We may also charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law.

4.5 Pricing changes

We may change pricing on at least 30 days' prior notice (by email or in-app notice). New pricing applies to billing periods beginning on or after the effective date.

4.6 No refunds

Except where required by applicable consumer-protection law, all fees are non-refundable. If you cancel, you may continue to use the paid features until the end of the current billing period.

5. Customer Data

“Customer Data” means data and content you upload to the Service or that we process on your behalf (including shopper events received from your storefront and customer information from your Shopify store).

As between you and Vakaru, you retain all rights, title, and interest in Customer Data. You grant Vakaru a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, and improve the Service.

You represent and warrant that:

  • You have all rights, consents, and lawful bases necessary to provide Customer Data to Vakaru and to authorise the processing described in our Privacy Policy.
  • You have a lawful basis to send recovery emails to the recipients you target through Vakaru, including obtaining marketing consent where required by law.
  • Your storefront displays a privacy notice and (where required) a cookie banner that covers the Vakaru pixel and the data flows described in this agreement.

We process personal data on your behalf in accordance with our Privacy Policy. A Data Processing Addendum (DPA) reflecting the GDPR Article 28 controller-processor terms is available on request at dev@getvakaru.com.

6. Our Intellectual Property

The Service, including all software, AI models, prompts, designs, documentation, trademarks, and brand elements, is owned by Vakaru or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service during the term of these Terms, solely for your internal business purposes.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction. You acknowledge that we may have similar ideas under development independently.

7. Confidentiality

Each party may receive non-public information from the other that is identified as confidential or that should reasonably be understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms, will protect it with the same care it uses for its own confidential information (and at least reasonable care), and will not disclose it except to employees, advisors, or sub-processors bound by similar obligations.

Confidential Information does not include information that is or becomes public through no breach of this section, was independently developed without use of the other party's information, was rightfully obtained from a third party without restriction, or is required to be disclosed by law (with prompt notice to the other party where lawful).

8. Service Availability

We will use commercially reasonable efforts to keep the Service available, but do not guarantee any specific uptime at this stage. We may schedule maintenance windows and will give advance notice where reasonably practical. Email deliverability depends on external infrastructure (Shopify, email service providers, recipient mailbox systems) that is outside our control.

We may modify, add, or remove features of the Service. Material reductions in functionality affecting paying customers will be notified at least 30 days in advance.

9. Disclaimers

The Service is provided “as is” and “as available”.

To the maximum extent permitted by law, Vakaru disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that the Service or its servers are free of viruses; or that any specific recovery rate, revenue uplift, or commercial result will be achieved. AI-generated email content is produced by language models which may occasionally produce inaccurate, biased, or off-brand output; you are responsible for reviewing content before sending where appropriate.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.
  • Each party's aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the fees you paid to Vakaru in the 12 months preceding the event giving rise to the claim, or (b) ten thousand Indian rupees (₹10,000).

The limitations in this section do not apply to: (i) your payment obligations, (ii) breach of Section 3 (Acceptable Use), (iii) breach of Section 7 (Confidentiality), (iv) Section 11 (Indemnification), or (v) liability that cannot be excluded or limited under applicable law.

11. Indemnification

By you. You will defend, indemnify, and hold harmless Vakaru and its partners, officers, employees, and contractors from and against any third-party claims, losses, and reasonable expenses (including legal fees) arising out of or related to: (a) your Customer Data; (b) your storefront, products, or services; (c) your breach of these Terms or applicable law; or (d) emails sent to recipients who did not provide lawful consent.

By us.Subject to the limitations in Section 10, we will defend you against third-party claims alleging that the Service, used in accordance with these Terms, infringes a third party's intellectual-property rights, and we will pay damages and costs finally awarded against you (or any settlement we approve). This obligation does not apply to claims arising from your Customer Data, modifications you make to outputs of the Service, or use of the Service in combination with anything not provided by Vakaru.

The indemnified party must promptly notify the indemnifying party of any claim, tender control of the defence, and provide reasonable cooperation. The indemnifying party will not settle any claim without the indemnified party's prior written consent if the settlement requires the indemnified party to admit fault or pay any amount.

12. Term & Termination

These Terms remain in effect while you have an account or have an active Vakaru installation on a Shopify store.

Termination by you. You may stop using and uninstall the Service at any time from the Shopify admin or by contacting dev@getvakaru.com.

Termination by us. We may suspend or terminate the Service or your account, with notice where reasonably practical, if: (a) you materially breach these Terms and fail to cure within 14 days of notice; (b) we are required to do so by law or by a third-party platform; (c) your use poses a security or legal risk to us or others; or (d) any payment is overdue beyond a reasonable cure period.

Effect of termination. On termination, your right to use the Service ends. You may export available Customer Data for up to 30 days after termination by emailing dev@getvakaru.com; after that, we will delete or anonymise it in accordance with our Privacy Policy and the Shopify shop/redact webhook timeline. Sections that by their nature should survive termination (including Sections 5 last paragraph, 6, 7, 9, 10, 11, 13, 14, and 15) survive.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of India, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt to resolve any dispute informally by sending written notice to dev@getvakaru.com and engaging in good-faith discussions for 30 days.

If the dispute is not resolved, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed jointly by the parties (or, failing agreement, in accordance with that Act). The seat and venue of arbitration is Faridabad, Haryana, India. The language of the arbitration is English. The award is final and binding. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual-property or confidentiality rights pending arbitration.

Subject to the arbitration clause above, the courts at Faridabad, Haryana, India have exclusive jurisdiction over any matters not subject to arbitration.

14. Changes to These Terms

We may modify these Terms from time to time. Material changes will be notified to merchants by email at least 30 days before they take effect, and the “Effective” date at the top of this page will be updated. Non-material changes (clarifications, formatting) will be reflected on this page without separate notice. By continuing to use the Service after the effective date, you accept the updated Terms.

15. General

  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (natural disasters, war, government action, internet or third-party platform outages).
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
  • Notices. We will send notices to the email associated with your account; you will send notices to dev@getvakaru.com.
  • Entire agreement. These Terms, together with the Privacy Policy and any order forms or DPAs we sign, are the entire agreement between us regarding the Service and supersede prior or contemporaneous agreements on this subject.

16. Contact

Label House Technologies LLP
PURI 81 HIGH STREET, SECTOR 81
Faridabad, Haryana 121004
India
Email: dev@getvakaru.com