Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant" or "you") and Hyperion Apps LLC, a Wyoming Limited Liability Company ("Hyperion Lab," "we," or "us"), governing your access to and use of SortLab, SplitLab, and any other applications, websites, or services offered by Hyperion Lab (collectively, the "Services").

By installing, accessing, or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the Services.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Hyperion Lab provides AI-powered Shopify applications that help merchants optimize product merchandising. Current Services include:

• SortLab: Automatically sorts Shopify product collections based on AI-driven strategies, including revenue optimization, inventory management, and custom sorting rules.
• SplitLab (forthcoming): A/B testing for product images, descriptions, and variants to identify the highest-converting presentations.

Services are provided as-is and subject to change. We reserve the right to modify, suspend, or discontinue any Service or feature at any time with or without notice.

3. Eligibility and Registration

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have an active Shopify store and Shopify account in good standing
• Comply with Shopify's Terms of Service and all applicable laws
• Provide accurate and complete information during installation

You are responsible for maintaining the security of your Shopify account and any access credentials associated with our Services.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to violate any applicable local, national, or international law or regulation
• Attempt to gain unauthorized access to any part of the Services or related systems
• Use the Services to transmit spam, malware, or other harmful content
• Reverse-engineer, decompile, or attempt to extract source code from the Services
• Misrepresent your identity or impersonate any person or entity
• Use automated means to access the Services in a manner that exceeds normal use patterns
• Resell or sublicense access to the Services without our express written consent
• Interfere with or disrupt the integrity or performance of the Services

5. Subscription and Payment

5.1 Plans and Pricing

Our Services are offered on a subscription basis. Available plans, pricing, and included features are described on the Shopify App Store listing and within the application. Prices are subject to change with advance notice.

5.2 Billing

Subscription fees are billed and collected by Shopify through the Shopify Billing API. By subscribing to a paid plan, you authorize Shopify to charge your payment method on file. All fees are denominated in USD unless otherwise specified.

5.3 Free Plan

We offer a free plan with limited features. The free plan may be modified or discontinued at any time. Features available in the free plan are described in the current app listing.

5.4 Cancellation and Refunds

You may cancel your subscription at any time by uninstalling the application from your Shopify admin. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods unless required by applicable law.

6. Intellectual Property

6.1 Our Property

The Services, including all underlying software, algorithms, data models, designs, text, graphics, and other content, are owned by Hyperion Apps LLC and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only.

6.2 Your Data

You retain ownership of your store data and content. By using the Services, you grant us a limited license to access and process your data solely to provide the Services. We do not claim ownership of your store data.

6.3 Feedback

If you provide us with feedback or suggestions about the Services, we may use that feedback without restriction or compensation to you.

7. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our data practices.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be error-free, uninterrupted, or that any specific sorting strategy will result in increased revenue. Results may vary by store, product catalog, and market conditions.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERION APPS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

8.3 Indemnification

You agree to indemnify and hold harmless Hyperion Apps LLC from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

9. Termination

9.1 Termination by You

You may terminate your account by uninstalling the application from your Shopify admin at any time.

9.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You materially breach these Terms
• Your Shopify account is terminated or suspended
• You engage in fraudulent or abusive behavior
• We are required to do so by law

9.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We will delete your store data within 30 days of termination, except where retention is required by law. Sections 6, 8, and 10 of these Terms survive termination.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming. You consent to the personal jurisdiction of such courts.

For merchants located in the European Union, mandatory consumer protection laws of your country of residence may apply in addition to the above.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and posting the new Terms on this page. For significant changes, we may also notify you via email or within the application.

Continued use of the Services after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.

12. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hyperion Apps LLC regarding the Services.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to any successor in interest.
• Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

13. Contact

For questions about these Terms, contact us at:

• Email: legal@hyperionlab.co
• Mailing Address: Hyperion Apps LLC, 1309 Coffeen Avenue STE 19519, Sheridan, Wyoming 82801, United States