Terms of Service

1. Agreement

Reachmerce is a product operated by Kodensoft (kodensoft.com). In these documents, “Reachmerce,” “we,” “us,” and “our” refer to Kodensoft operating the Reachmerce services.

These Terms of Service (“Terms”) govern access to and use of Reachmerce websites, applications, APIs, and related services (the “Services”). By accessing or using the Services, creating an account, joining early access, or clicking to accept, you agree to these Terms, the Privacy Policy, and the Acceptable Use Policy. If you do not agree, do not use the Services.

2. Eligibility and accounts

You must be able to form a binding contract and use the Services only for lawful business purposes. You are responsible for account credentials, workspace users you invite, and activity under your account.

3. The Services

Reachmerce provides a multi-tenant CRM workspace for Shopify merchants, including customer and order sync, segmentation, campaigns, and outreach via AI voice, SMS, and email, with results written back to CRM records. Features may change over time. Pre-launch or early-access features may be incomplete, rate-limited, or unavailable.

Ask AI and similar drafting tools create draft campaigns for human review. You must activate and start outreach yourself. We do not guarantee outcomes such as conversion rates or recovery amounts.

4. Customer responsibilities

You are solely responsible for:

• Lawful use of voice, SMS, and email, including consent, DNC lists, recording notices, and quiet hours.
• Content of scripts, messages, and campaigns.
• Accuracy of Shopify and CRM data you connect or import.
• Configuring Twilio, email, and other integrations with your own credentials where required.

5. Fees and trials

Paid plans, trials, and taxes are described at checkout or on an order form. Billing is handled by Stripe (not Shopify Billing for v1). Fees are non-refundable except where required by law or expressly stated. We may suspend access for non-payment.

6. Intellectual property

We and our licensors own the Services, branding, and underlying software. You own your Customer Data. You grant us a limited license to process Customer Data to provide the Services. Feedback you provide may be used to improve the Services without obligation to you.

7. Third-party services

The Services interoperate with Shopify, Twilio, Stripe, Resend, and other providers. Their terms and privacy policies apply to their services. We are not responsible for third-party outages or policy changes.

8. Suspension and termination

We may suspend or terminate access for breach of these Terms, the Acceptable Use Policy, security risk, or legal requirements. You may stop using the Services at any time. Provisions that by nature should survive will survive termination.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT AI OUTPUTS WILL BE ACCURATE OR APPROPRIATE FOR YOUR USE CASE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR ONE HUNDRED US DOLLARS IF YOU HAVE NOT PAID).

11. Indemnification

You will defend and indemnify us against claims arising from your Customer Data, your campaigns and outreach, your violation of law or these Terms, or disputes with your end customers.

12. Governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except where mandatory local law applies. Courts in Delaware will have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction.

13. Changes

We may update these Terms by posting a revised version. Material changes for paying customers may also be communicated by email. Continued use after the effective date constitutes acceptance where permitted.

14. Contact

Questions: info@kodensoft.com