Terms of Service
1. Agreement
These Terms of Service (“Terms”) are an agreement between you and Emojico, Inc., doing business as Potential Commerce (“Potential Commerce,” “we,” “us,” or “our”). They govern your access to and use of our website at potentialcommerce.com and our Ads Performance Center application (collectively, “the Service”).
By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you are using the Service on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.
2. The Service
Ads Performance Center is a software application for Shopify merchants that connects to your Shopify store and your Meta advertising account, presents combined performance data in a single view, and generates AI-driven analytical insights and recommendations to help you understand and improve your advertising performance.
The Service is provided as a subscription. Specific features, plan tiers, and pricing are described on our website and within the application.
We may add, modify, or discontinue features at any time. We will provide reasonable notice of material changes that adversely affect your use of the Service.
3. Eligibility and account registration
To use the Service, you must:
- Be at least 18 years old
- Have authority to enter into these Terms (individually or on behalf of your business)
- Have an active Shopify store and, where applicable, an active Meta advertising account
- Provide accurate and complete registration information
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at hello@potentialcommerce.com if you suspect unauthorized access.
4. Subscription, billing, and cancellation
Ads Performance Center is not yet generally available and is not yet billed. The provisions in this section describe how billing will work once the Service becomes generally available through the Shopify App Store.
Subscription fees. Use of the Service requires a paid subscription unless we offer a free trial. Current pricing is shown on our website and within our Shopify App Store listing. By subscribing, you authorize Shopify (acting as our billing provider) to charge the applicable recurring fees on your Shopify invoice until your subscription is canceled.
Free trials. If we offer a free trial, you may use the Service without charge for the trial period. If you do not uninstall Ads Performance Center before the trial ends, you will be automatically charged for the subscription beginning at the end of the trial period.
Billing through Shopify.Ads Performance Center is billed through Shopify’s billing system. Charges will appear on your regular Shopify invoice. We do not bill you directly outside of Shopify.
Cancellation by uninstalling. You can cancel your subscription at any time by uninstalling Ads Performance Center from your Shopify admin. When you uninstall the app:
- Your subscription is canceled automatically
- You will not be charged for any subsequent billing periods
- You will retain access to the Service until the end of your current billing period or until uninstallation processes through Shopify, whichever applies under Shopify’s billing rules
- We will retain Your Data as described in our Privacy Policy following cancellation
Refunds. Subscription fees are non-refundable except as required by law or as expressly stated in writing. We may issue refunds at our discretion in cases of extended service unavailability or billing errors. Refunds, when issued, are processed through Shopify.
Taxes. Fees do not include applicable taxes, which are your responsibility unless we are required by law to collect them.
5. Acceptable use
You agree not to:
- Use the Service in violation of any law, regulation, or third-party rights
- Attempt to gain unauthorized access to the Service, our systems, or other users’ data
- Reverse-engineer, decompile, or attempt to derive the source code of the Service
- Use the Service to send spam, malware, or harmful content
- Interfere with or disrupt the Service or its underlying infrastructure
- Resell, sublicense, or provide the Service to third parties without our written consent
- Use the Service to violate the terms of Shopify, Meta, or any other integrated third-party platform
- Use automated means (bots, scrapers) to access the Service except through documented APIs
We may suspend or terminate accounts that violate these rules.
6. Your data and content
Your data is yours.You retain all rights to the data you provide to or generate through the Service, including your Shopify store data, Meta advertising data, and any custom configurations or goals you enter (“Your Data”).
License to operate the Service. You grant us a limited, non-exclusive, worldwide license to access, process, store, transmit, and display Your Data solely as needed to provide the Service to you, including sharing relevant subsets of Your Data with third-party AI providers as described in our Privacy Policy.
Aggregated data. We may use anonymized, aggregated data derived from Your Data to improve the Service, develop new features, and produce industry benchmarks, provided this data does not identify you or your business.
7. Third-party integrations
The Service connects to third-party platforms, including Shopify and Meta. Your use of those platforms is governed by their respective terms of service. We are not responsible for the availability, accuracy, or content of third-party platforms, or for any actions those platforms take that affect your use of the Service.
If a third-party platform restricts, disables, or changes its API in a way that affects the Service, we may modify or discontinue affected features without liability.
8. AI-generated recommendations
The Service uses artificial intelligence to generate analytical insights and recommendations based on Your Data, as described in our Privacy Policy. AI recommendations are advisory only.
You are responsible for your own decisions. Recommendations are not professional financial, marketing, legal, or business advice. You alone are responsible for any actions you take or do not take based on AI recommendations, including changes to advertising spend, campaign configurations, product offerings, or business strategy.
No guarantees of accuracy. AI-generated content can be incorrect, incomplete, or inappropriate for your specific situation. We do not warrant that any recommendation will produce a particular result, including (without limitation) increased sales, profit, return on ad spend, or other business outcomes.
No automated execution. The Service does not automatically execute actions on your behalf in your Shopify store or Meta ad account. You must take any action yourself in the relevant platform.
9. Intellectual property
Our IP. The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Data), is owned by Emojico, Inc. and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
Feedback. If you provide suggestions, ideas, or feedback about the Service, we may use them without restriction or compensation to you.
Trademarks.“Potential Commerce,” “Emojico,” and our logos are our trademarks. Other names and logos referenced in the Service are the property of their respective owners.
10. Disclaimers
Service provided “as is.”The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
No guarantee of results. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected. We do not guarantee that use of the Service will result in any particular business outcome.
Third-party data. Data displayed in the Service is sourced from third-party platforms (Shopify, Meta) and may contain inaccuracies, delays, or omissions originating from those platforms. We are not responsible for the accuracy of third-party data.
11. Limitation of liability
To the maximum extent permitted by law:
- Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
- Our total liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply regardless of the legal theory of liability and even if a remedy fails of its essential purpose.
12. Indemnification
You agree to defend, indemnify, and hold harmless Emojico, Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any law or third-party rights
- Your Data, including any claim that Your Data infringes a third party’s rights
13. Termination
By you. You may stop using the Service and cancel your subscription at any time by uninstalling Ads Performance Center, as described in Section 4.
By us. We may suspend or terminate your access to the Service immediately if you violate these Terms, engage in fraudulent or abusive behavior, or if required by law. We may also discontinue the Service entirely with reasonable notice.
Effect of termination. Upon termination, your right to use the Service ends. Provisions that by their nature should survive termination (including IP, disclaimers, limitations of liability, indemnification, and governing law) will survive.
We will retain Your Data for the period described in our Privacy Policy after termination, after which it will be deleted or anonymized.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Sarasota County, Florida, and you consent to personal jurisdiction in those courts.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
16. General
Entire agreement. These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and us regarding the Service.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets.
Notices. We may provide notices to you by email or through the Service. You may provide notices to us at hello@potentialcommerce.com.
17. Contact
If you have questions about these Terms, contact us at:
Emojico, Inc., doing business as Potential Commerce
Email: hello@potentialcommerce.com
Address: 2506 Ringling Blvd, Sarasota, FL 34237