Terms of Service
In effect from: August 14, 2026
These Terms of Service ("Terms") govern access to and use of Jarbris and its software, websites, applications, integrations, artificial intelligence features, and services (collectively, the "Services").
The Services are provided by Quochi Tiziano — sole proprietorship, with registered office at Via D. Alighieri n. 1, 81034 Mondragone (CE), Italy, VAT No. 04970050615 ("Jarbris", "we", "us", or "our").
By installing, activating, accessing, purchasing, or using the Services, you agree to these Terms.
If you accept 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. In that case, "Customer", "you", and "your" refer to that entity.
The Services are provided exclusively for business and professional use and are not intended for consumers acting outside their commercial, professional, artisanal, or entrepreneurial activities.
By creating an account or installing Jarbris, you represent that you are acting on behalf of a business or in the course of your professional activity.
If you do not agree to these Terms, you may not access or use the Services.
1. THE JARBRIS SERVICES
Jarbris is an artificial-intelligence-powered ecommerce platform designed to help merchants manage, assist, and grow their ecommerce businesses.
Depending on the plan, configuration, and features activated by the Customer, the Services may include:
- AI-powered customer conversations;
- product search and recommendations;
- product-selection assistance;
- order and shipping assistance;
- returns and refund assistance;
- abandoned-cart recovery;
- customer communications;
- email, social media, and other communication channels;
- automated or recommended commercial and operational actions;
- post-purchase activities;
- Store Brain and merchant knowledge systems;
- ecommerce analytics and reporting;
- product and store quality analysis;
- AI-generated content;
- automated workflows;
- integrations with Shopify and other third-party services;
- AI-powered actions performed on behalf of the Customer; and
- additional features introduced by Jarbris from time to time.
Jarbris is a software service.
Except as expressly provided, Jarbris does not act as:
- merchant of record;
- seller of the Customer's products;
- payment processor;
- carrier or shipping provider;
- insurer;
- legal advisor;
- tax advisor; or
- general commercial agent of the Customer.
2. ELIGIBILITY AND USE REQUIREMENTS
The Services are available exclusively to businesses and professional users.
By using the Services, you represent and warrant that:
- you have the legal capacity to enter into a binding agreement;
- you are acting for business or professional purposes;
- you have authority to bind the Customer, where applicable;
- information provided to Jarbris is accurate and up to date; and
- your use of the Services complies with applicable laws and regulations.
If you use Jarbris on behalf of a business, that business is responsible for your use of the Services.
3. CUSTOMER ACCOUNT
Certain Services may require you to create an account.
The Customer is responsible for:
- maintaining accurate account information;
- protecting account credentials;
- controlling access to the account;
- managing authorized users;
- configuring account permissions; and
- all activity performed through the account, except to the extent directly caused by a breach of Jarbris' applicable security obligations.
The Customer must promptly notify Jarbris of any unauthorized access or suspected compromise.
Jarbris may require additional authentication or security measures where reasonably necessary to protect the Services, Customer Data, or third parties.
4. SUBSCRIPTIONS AND BILLING
4.1 Subscription Plans
Certain Services require a paid subscription.
The applicable plan, fees, usage limits, and included features are those displayed at the time of purchase or specified in an applicable promotional offer.
Prices and usage limits may be changed for future subscription periods as provided by these Terms and any applicable promotional terms.
Certain features may be subject to usage limits, credits, or separate fees.
4.2 Shopify Billing
Where a subscription is purchased through Shopify's billing system, billing and payment processing are handled through Shopify in accordance with Shopify's applicable billing mechanisms and terms.
For subscriptions billed through Shopify, Jarbris may rely on the subscription status communicated by Shopify to determine whether paid features remain active.
If Shopify indicates that a subscription is frozen, cancelled, expired, or otherwise inactive, Jarbris may suspend or disable the applicable paid features.
4.3 Failed Payments
If a payment fails or a subscription becomes frozen or inactive due to a billing issue, Jarbris may suspend access to paid features.
Suspension does not cancel amounts already accrued or otherwise due.
4.4 Taxes
Prices do not include applicable taxes unless otherwise stated.
The Customer is responsible for applicable taxes arising from purchases, including VAT, sales tax, use tax, GST, or equivalent taxes, except taxes imposed directly on Jarbris' net income.
4.5 Price Changes
Jarbris may change its prices for future subscription periods.
For an existing subscription, Jarbris will provide reasonable notice of a material price increase, normally at least thirty (30) days, unless a shorter period is required by law or results from taxes, regulatory requirements, or material changes in third-party costs.
4.6 Promotional Pricing and Launch Pricing
Any special price, launch price, founding-merchant price, promotional price, or price guarantee is governed by the specific promotional terms presented to the Customer at the time of purchase.
For Customers benefiting from the launch price displayed on the pricing page, that price will remain locked for twenty-four (24) months from subscription, subject to the conditions of the applicable offer.
After the twenty-four (24) month period, the then-current list price will apply.
Where promotional terms expressly provide for a guaranteed price or discount for a specified period, those specific terms will prevail over the general price-change provisions for the duration of the guarantee.
5. AUTOMATIC RENEWAL AND CANCELLATION
Unless otherwise stated, subscriptions automatically renew for successive periods of the same duration.
The Customer may cancel its subscription through the cancellation functionality made available by Jarbris or the applicable billing platform.
Cancellation generally becomes effective at the end of the already-paid subscription period.
Except where required by applicable law or expressly provided by Jarbris, cancellation does not entitle the Customer to a prorated refund for the unused portion of the subscription period.
6. FREE PLANS, TRIALS, AND PROMOTIONS
Jarbris may offer free plans, trials, credits, or promotional offers.
Where stated on the pricing page, a trial period may last seven (7) days.
During the trial period, features or usage limits may differ from those applicable to a paid subscription.
At the end of the trial period, the subscription selected by the Customer may become paid and Shopify may charge the Customer according to the terms displayed at subscription, unless the Customer cancels within the trial period.
Jarbris may modify or terminate a free plan, trial, or promotion in accordance with applicable law and any specific terms governing the offer.
7. CUSTOMER DATA
7.1 Ownership of Customer Data
As between the Customer and Jarbris, the Customer retains its rights in Customer Data.
"Customer Data" means data, content, and information submitted to, imported into, synchronized with, generated through, or otherwise made available to Jarbris by or on behalf of the Customer, including data originating from connected ecommerce platforms and customer interactions.
7.2 License Necessary to Provide the Services
The Customer grants Jarbris a limited, worldwide, non-exclusive license to host, copy, process, transmit, display, and use Customer Data to the extent reasonably necessary to:
- provide and operate the Services;
- provide AI-powered features;
- perform authorized actions;
- maintain and improve the reliability, security, and performance of the Services;
- prevent fraud, abuse, and security incidents;
- provide support;
- comply with applicable law; and
- perform obligations under the Agreement.
Jarbris does not sell Customer Data.
7.3 Customer Responsibility
The Customer is responsible for ensuring that it has all rights, permissions, notices, and legal bases necessary to provide Customer Data to Jarbris and permit its processing as contemplated by the Agreement.
The Customer is responsible for the accuracy, legality, and completeness of:
- product data;
- catalogs;
- merchant policies;
- instructions;
- configurations;
- customer information; and
- other content provided or made available to Jarbris.
8. AI FEATURES
Jarbris may use artificial intelligence and machine learning technologies to provide certain Services.
8.1 Inputs
"Input" means information, data, content, instructions, policies, configurations, documents, conversations, or other materials submitted to or made available to a Jarbris AI feature.
8.2 Outputs
"Output" means content, responses, recommendations, classifications, decisions, suggestions, or actions generated by Jarbris based on Inputs and information available to the Services.
Outputs may include actions performed through external systems or integrations.
8.3 AI Limitations
AI systems are probabilistic and may produce inaccurate, incomplete, outdated, or unexpected results.
Jarbris AI may:
- misunderstand an Input;
- generate an incorrect response;
- rely on incomplete information;
- misunderstand a Customer policy;
- produce different results in similar circumstances;
- fail to recognize a relevant exception; or
- perform an action that does not produce the desired commercial outcome.
The Customer is responsible for determining whether an Output is appropriate for its business and intended use.
8.4 No Guaranteed Commercial Results
Jarbris does not guarantee:
- increased sales;
- increased conversion rates;
- any particular abandoned-cart recovery rate;
- any particular reduction in returns;
- increased average order value;
- increased customer retention;
- any particular number of leads or customers;
- any particular return on investment; or
- any other specific commercial result.
Examples, estimates, benchmarks, case studies, or performance data are provided for illustrative purposes only and do not constitute guarantees.
9. JARBRIS AI COMMERCE AGENT AND AUTOMATED ACTIONS
Jarbris is an AI Commerce Agent, and certain features may perform actions rather than merely generate suggestions or text.
Such actions may include:
- responding to customers;
- recommending products;
- presenting products;
- initiating recovery workflows;
- sending emails;
- retrieving order information;
- initiating approved workflows;
- applying merchant-configured rules;
- updating information through integrations; or
- interacting with third-party systems through authorized integrations.
9.1 Authorization
The Customer authorizes Jarbris to perform actions that the Customer enables, configures, or otherwise authorizes through the Services.
Activating an autonomous or automated feature constitutes authorization for Jarbris to perform the actions described by that feature within the applicable configuration and permission limits.
9.2 Merchant-Controlled Rules
The Customer determines the commercial rules, policies, permissions, limits, and instructions under which Jarbris operates.
The Customer is responsible for selecting and configuring its commercial and operational settings.
9.3 Automated Actions and External Effects
The Customer acknowledges that an automated action may produce effects in an external system or communicate directly with an end user.
Where Jarbris provides controls relating to permissions, limits, or approvals, the Customer is responsible for selecting settings appropriate for its business.
Jarbris may limit, delay, require confirmation for, or prevent an action where reasonably necessary to protect the Customer, end users, third parties, Jarbris, security, or the integrity of the Services.
9.4 Human Review
Where a feature is expressly identified as requiring merchant approval, the Customer is responsible for reviewing the proposed action before it is executed.
Where a feature is expressly designed to operate autonomously, the Customer acknowledges that human review may not occur before every individual action.
10. CUSTOMER POLICIES AND MERCHANT RESPONSIBILITY
Jarbris may rely on information and policies provided by the Customer.
This includes:
- product descriptions;
- prices;
- availability;
- shipping costs;
- delivery times;
- return periods;
- refund rules;
- warranty terms;
- promotions;
- discount rules;
- customer-support policies; and
- other information provided by the merchant.
If information provided by the Customer is inaccurate, incomplete, or contradictory, Jarbris may generate inaccurate Outputs or perform an action based on that information.
The Customer remains solely responsible for its products, services, prices, commercial policies, legal obligations, commitments to customers, and statements made to end users.
Jarbris is not required to independently verify every Customer policy before using it.
11. AI TRANSPARENCY
Where required by applicable law, the Customer must ensure that end users are appropriately informed when interacting with an AI system.
Jarbris may provide integrated disclosure functionality for this purpose.
The Customer must not intentionally remove, disable, or conceal an AI disclosure where that disclosure is required by applicable law or by the Services.
The Customer remains responsible for compliance with applicable laws relating to consumer protection, privacy, electronic communications, marketing, AI transparency, and automated decision-making.
12. AI PROVIDERS AND THIRD-PARTY SUBPROCESSORS
Jarbris may use third-party AI providers, cloud infrastructure providers, and other subprocessors to provide the Services.
Such providers may process Customer Data to the extent necessary to provide the relevant functionality and subject to applicable contractual and data-protection obligations.
Jarbris maintains an up-to-date list of sub-processors in its product privacy notice, which is the documentation referred to in this section and in the DPA.
Where required by applicable law or the DPA, Jarbris will provide notice of material changes to subprocessors.
13. THIRD-PARTY SERVICES AND INTEGRATIONS
The Services may integrate with third-party services, including Shopify, payment providers, email providers, AI providers, cloud infrastructure, analytics providers, and other platforms.
Use of such services is subject to their respective terms.
Jarbris is not responsible for:
- third-party service interruptions;
- API changes;
- usage limits;
- suspension of third-party accounts;
- third-party security incidents;
- inaccurate data supplied by third parties;
- changes to third-party functionality; or
- third-party decisions affecting an integration.
If a third-party service changes or becomes unavailable, Jarbris may modify, suspend, or discontinue the affected integration.
14. PERMITTED AND PROHIBITED USES
The Customer may not use, or permit others to use, the Services:
- for unlawful purposes;
- to violate applicable laws or regulations;
- to violate third-party rights;
- for fraud, phishing, scams, or deceptive practices;
- to distribute malware or malicious code;
- to obtain unauthorized access to systems or data;
- to conduct unauthorized vulnerability testing;
- to circumvent security or authentication systems;
- to interfere with the integrity, availability, or performance of the Services;
- to conduct scraping or systematic extraction of Service data, except where expressly permitted;
- to reverse engineer proprietary source code, prompts, model parameters, or underlying components, except to the extent permitted by mandatory applicable law;
- to develop a competing AI system through systematic extraction of Jarbris data or Outputs;
- to impersonate another person or entity;
- to transmit illegal, fraudulent, abusive, or harmful content;
- to use Jarbris for unauthorized high-risk or regulated AI use cases;
- to use Jarbris to provide legal, medical, financial, tax, or other regulated professional advice, unless the specific Jarbris feature is expressly designed for such use; or
- in a manner that would expose Jarbris or its providers to unlawful liability.
A material violation of this section constitutes a material breach of these Terms.
15. SPECIFIC AI RESTRICTIONS
The Customer may not use Jarbris AI:
- to develop a competing foundation model or AI agent through systematic extraction of Jarbris data or Outputs;
- to extract proprietary prompts, model parameters, algorithms, or architecture;
- to circumvent AI usage limits;
- to manipulate the Services to generate prohibited or unlawful content;
- to make automated decisions producing legal effects or similarly significant effects on individuals, unless the specific Jarbris feature expressly supports such use and the use is legally permitted;
- for unlawful discrimination or profiling;
- for prohibited high-risk AI use cases;
- to provide professional advice where the feature is not designed for that purpose; or
- to intentionally present AI-generated content as human-generated content where doing so violates applicable law or materially deceives end users.
Jarbris may suspend or restrict AI functionality where reasonably necessary to address abuse, security risks, legal obligations, provider restrictions, or substantial threats to the Services.
16. SUSPENSION
Jarbris may suspend or restrict access to all or part of the Services if:
- the subscription is inactive or payment has failed;
- the Customer materially breaches these Terms;
- use creates a security risk;
- use threatens the integrity or availability of the Services;
- the Customer violates the Acceptable Use Policy;
- use creates a substantial legal or regulatory risk;
- a necessary third-party service is suspended;
- suspension is required by law or a governmental authority; or
- suspension is reasonably necessary to protect Jarbris, Customers, or third parties.
Where reasonably possible, Jarbris will provide notice and an opportunity to remedy the issue.
Jarbris may immediately suspend access where delay could create substantial security, legal, fraud, or personal-safety risks.
17. TERMINATION
The Customer may terminate its subscription by cancelling it and discontinuing use of the Services.
Jarbris may terminate the Agreement or a subscription if:
- the Customer materially breaches these Terms and fails to remedy the breach within a reasonable period after notice;
- the Customer engages in unlawful or prohibited activities;
- the account creates a substantial security risk to Jarbris;
- the Customer becomes insolvent or ceases business operations; or
- termination is required by law or by a third-party platform necessary to provide the Services.
Termination does not affect rights or obligations accrued before termination.
18. DATA DELETION AFTER TERMINATION
After termination, Jarbris may retain Customer Data for a limited period to allow recovery or export where applicable.
Unless otherwise required by law or the DPA, Jarbris may delete Customer Data approximately thirty (30) days after termination.
Jarbris may retain certain information for longer where reasonably necessary to:
- comply with legal obligations;
- prevent fraud or abuse;
- maintain security records;
- resolve disputes;
- exercise or defend legal rights; or
- comply with accounting or regulatory obligations.
19. INTELLECTUAL PROPERTY
Jarbris and its licensors retain all right, title, and interest in and to:
- the Services;
- software;
- source code;
- object code;
- algorithms;
- AI models and systems;
- interfaces;
- designs;
- trademarks;
- documentation;
- workflows;
- databases;
- architecture;
- know-how;
- analytics systems; and
- improvements and derivative works.
Except for rights expressly granted under these Terms, no ownership rights are transferred to the Customer.
20. CUSTOMER FEEDBACK
The Customer may provide suggestions, ideas, recommendations, or feedback regarding the Services.
The Customer grants Jarbris a worldwide, perpetual, irrevocable, royalty-free right to use such feedback to develop, improve, and operate the Services without compensation.
Jarbris will not publicly disclose confidential Customer Data as feedback without authorization.
21. CONFIDENTIALITY
Each party may receive confidential information from the other.
The receiving party will use reasonable measures to protect confidential information and will use it solely for purposes related to the Agreement.
Confidential information does not include information that:
- is publicly available without breach of the Agreement;
- was already lawfully known;
- is independently developed;
- is lawfully received from a third party; or
- must be disclosed by law or legal process.
Confidentiality obligations survive termination for as long as the information remains confidential.
22. DATA PROTECTION
Where Jarbris processes personal data on behalf of the Customer, such processing is governed by Jarbris' Data Processing Addendum ("DPA"), which forms part of the Agreement.
The DPA governs:
- controller and processor roles;
- processing instructions;
- security;
- subprocessors;
- international transfers;
- data-subject rights;
- breach notification;
- audits;
- data deletion and return.
If there is a conflict between these Terms and the DPA concerning the processing of personal data, the DPA will prevail to the extent of the conflict.
The Customer remains responsible for determining the appropriate legal basis for processing personal data and for providing end users with legally required notices.
23. SECURITY
Jarbris will maintain reasonable technical and organizational measures designed to protect the Services and Customer Data against unauthorized access, alteration, disclosure, or destruction.
No Internet-based service can guarantee absolute security.
The Customer is responsible for the security of its accounts, credentials, integrations, and connected third-party services.
24. AVAILABILITY
Jarbris will use commercially reasonable efforts to maintain availability of the Services.
Unless Jarbris expressly provides a separate SLA, the Services are not subject to a guaranteed uptime percentage or specific service credits.
Periods of unavailability or degradation caused by third-party providers, external APIs, Shopify, Internet infrastructure, Customer configurations, scheduled maintenance, force majeure, or other circumstances outside Jarbris' reasonable control may be excluded from any availability calculations.
25. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
JARBRIS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- AVAILABILITY;
- RELIABILITY;
- UNINTERRUPTED OPERATION; AND
- FREEDOM FROM ERRORS.
JARBRIS DOES NOT WARRANT THAT:
- THE SERVICES WILL MEET EVERY CUSTOMER REQUIREMENT;
- THE SERVICES WILL ALWAYS BE AVAILABLE;
- OUTPUTS WILL ALWAYS BE ACCURATE;
- AI RESPONSES WILL ALWAYS BE COMPLETE OR CURRENT;
- AUTOMATED ACTIONS WILL ALWAYS PRODUCE THE DESIRED RESULT;
- THE SERVICES WILL INCREASE SALES OR PROFITS; OR
- THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
26. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JARBRIS AND ITS OWNERS, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY:
- indirect;
- incidental;
- special;
- exemplary;
- punitive; or
- consequential damages,
INCLUDING DAMAGES RELATING TO LOSS OF:
- PROFITS;
- REVENUE;
- SALES;
- BUSINESS OPPORTUNITIES;
- CUSTOMERS;
- GOODWILL;
- REPUTATION;
- DATA;
- USE; OR
- EXPECTED SAVINGS,
ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF JARBRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JARBRIS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) US $100; OR
(B) THE TOTAL AMOUNTS PAID OR PAYABLE BY THE CUSTOMER TO JARBRIS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this section apply regardless of the legal theory on which a claim is based, including contract, tort, negligence, strict liability, or otherwise.
Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.
27. AI-SPECIFIC LIABILITY
Without limiting Section 26, the Customer acknowledges that AI features use probabilistic systems and may produce inaccurate or unexpected results.
To the maximum extent permitted by applicable law, Jarbris will not be liable for losses or claims arising from:
- inaccurate or incomplete AI Outputs;
- inaccurate or incomplete information provided by the Customer;
- policies or rules configured by the Customer;
- actions enabled or authorized by the Customer;
- third-party systems or services;
- changes to third-party APIs;
- actions of end users;
- failure to review an Output where such review was required or reasonably expected; or
- business decisions made by the Customer based on an Output.
This section does not exclude liability that cannot legally be excluded and remains subject to the liability cap in Section 26.
28. CUSTOMER INDEMNIFICATION
To the maximum extent permitted by applicable law, the Customer agrees to defend, indemnify, and hold harmless Jarbris and its owners, affiliates, officers, employees, contractors, and providers from third-party claims, damages, liabilities, costs, and reasonable legal fees arising out of or relating to:
- Customer Data;
- the Customer's products or services;
- the Customer's commercial policies;
- the Customer's violation of applicable law;
- the Customer's breach of these Terms;
- unauthorized or unlawful use of the Services;
- infringement of third-party rights caused by Customer-provided content; or
- actions performed through the Services based on instructions, authorizations, policies, or configurations provided by the Customer.
Jarbris will provide reasonable notice of the claim and reasonable cooperation.
The indemnifying party will control the defense and settlement of the claim, provided that no settlement may impose an admission of liability or material obligation on the other party without its consent.
29. FORCE MAJEURE
Jarbris will not be liable for delays or failures caused by events beyond its reasonable control, including:
- natural disasters;
- war;
- terrorism;
- civil unrest;
- governmental actions;
- Internet outages;
- telecommunications failures;
- cloud-provider outages;
- third-party platform outages;
- API failures;
- cyberattacks;
- labor disputes;
- epidemics or pandemics; or
- other events beyond Jarbris' reasonable control.
30. SERVICE MODIFICATIONS
Jarbris may modify, update, improve, replace, or discontinue features of the Services.
Jarbris may introduce new products, AI features, integrations, and automation tools.
Jarbris will use commercially reasonable efforts to avoid materially reducing the core functionality of an active paid subscription without reasonable notice, except where changes are necessary for legal, security, technological, or third-party reasons.
31. CHANGES TO THESE TERMS
Jarbris may update these Terms from time to time.
For material changes, Jarbris will provide reasonable notice, normally at least thirty (30) days, unless a shorter period is reasonably necessary due to:
- legal requirements;
- security issues;
- fraud or abuse prevention;
- changes to third-party services; or
- other urgent circumstances.
Updated Terms will be made available through the Services or by another reasonable means.
Where required by applicable law, Jarbris will obtain express acceptance of material changes.
32. GOVERNING LAW AND DISPUTE RESOLUTION
32.1 Good-Faith Resolution
Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute.
The party raising a dispute must provide written notice containing:
- the nature of the dispute;
- relevant facts;
- requested resolution; and
- contact information for further communications.
The parties will attempt to resolve the dispute for at least thirty (30) days after receipt of the notice.
32.2 Governing Law
Except for mandatory provisions of applicable law that cannot be excluded or waived, these Terms and the contractual relationship between Jarbris and the Customer are governed by Italian law, without giving effect to conflict-of-law rules to the extent permitted.
32.3 Exclusive Jurisdiction
For Customers acting in the course of their business or professional activity and to the maximum extent permitted by applicable law, any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts having territorial jurisdiction in the Province of Caserta, Italy.
The Customer agrees to such jurisdiction.
Nothing in this section prevents Jarbris from seeking urgent or injunctive relief in any court of competent jurisdiction where reasonably necessary to protect intellectual property, confidential information, security, or the Services.
32.4 Mandatory Rights
Nothing in this section limits mandatory rights or protections that cannot legally be waived or excluded.
33. INTERNATIONAL CUSTOMERS
Jarbris may provide the Services to Customers worldwide.
The Customer is responsible for determining whether its use of the Services complies with laws applicable to its business, customers, and markets.
Nothing in these Terms requires Jarbris to make every feature available in every jurisdiction.
Jarbris may restrict access from jurisdictions where providing the Services would violate applicable laws, sanctions, or regulatory requirements.
34. EXPORT CONTROLS AND SANCTIONS
The Customer may not use the Services in violation of applicable export-control, sanctions, or international trade laws.
The Customer represents that it is not:
- located in a jurisdiction where the Services cannot legally be provided; or
- a person or entity subject to sanctions that prohibit use of the Services.
Jarbris may restrict or terminate access where reasonably necessary to comply with sanctions or export-control requirements.
35. NOTICES
Jarbris may send notices through:
- the email address associated with the account;
- the Jarbris dashboard;
- the Jarbris website;
- in-product notifications; or
- other reasonable electronic means.
The Customer is responsible for keeping its account contact information current.
Legal notices to Jarbris must be sent to:
Quochi Tiziano — sole proprietorship Email: info@jarbris.com Registered Office: Via D. Alighieri n. 1, 81034 Mondragone (CE), Italy PEC: tizianoquochi@pec.it
36. ASSIGNMENT
The Customer may not assign or transfer these Terms without Jarbris' prior written consent, except as permitted by applicable law in connection with a merger, acquisition, or sale of substantially all of its assets.
Jarbris may assign or transfer these Terms in connection with:
- a merger;
- acquisition;
- reorganization;
- sale of substantially all assets;
- financing transaction; or
- transfer of the Services.
37. INDEPENDENT CONTRACTORS
The parties are independent contractors.
These Terms do not create:
- a partnership;
- a joint venture;
- an employment relationship;
- a fiduciary relationship; or
- a general agency relationship.
The Customer's authorization for Jarbris to perform specific automated actions does not create a general agency relationship between the parties.
38. SEVERABILITY
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.
39. NO WAIVER
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
40. ENTIRE AGREEMENT
These Terms, together with:
- Jarbris' Data Processing Addendum;
- Jarbris' Privacy Policy;
- Acceptable Use Policy;
- applicable promotional terms; and
- other documents expressly incorporated into the Agreement,
constitute the entire agreement between the parties regarding the Services.
Any purchase terms or other terms unilaterally provided by the Customer do not modify the Agreement unless expressly accepted in writing by Jarbris.
41. ORDER OF PRECEDENCE
In the event of a conflict between documents forming the Agreement, the following order applies:
- specific promotional terms;
- the Data Processing Addendum, solely with respect to personal-data processing matters;
- these Terms;
- the Acceptable Use Policy; and
- other documentation expressly incorporated into the Agreement.
42. ELECTRONIC ACCEPTANCE
The Customer may accept these Terms electronically.
By selecting the applicable acceptance checkboxes and completing the installation, activation, or subscription process, the Customer agrees to be bound by these Terms.
Jarbris may retain electronic records of acceptance, including:
- account ID;
- Shopify store ID;
- user ID;
- email address;
- date and time;
- IP address;
- session ID;
- Terms version;
- language version;
- DPA version;
- applicable promotional terms;
- acceptance method;
- general acceptance status;
- specific approval status; and
- other technical information reasonably necessary to establish the contractual relationship.
Such records may be used as evidence of acceptance and of the version and language of the Agreement applicable at the time of acceptance.
Where applicable law requires a specific form of approval for certain provisions, Jarbris may require an additional approval or electronic signature.
43. SPECIFIC APPROVAL OF CERTAIN PROVISIONS
For Customers entering into the Agreement as professionals and to the extent that Articles 1341 and 1342 of the Italian Civil Code or equivalent mandatory provisions require specific approval, the Customer specifically approves, through a separate and expressly identified acceptance mechanism, the following provisions:
- Section 5 — Automatic Renewal and Cancellation;
- Section 6 — Free Plans, Trials, and Promotions;
- Section 13 — Third-Party Services and Integrations;
- Section 16 — Suspension;
- Section 17 — Termination;
- Section 25 — Disclaimer of Warranties;
- Section 26 — Limitation of Liability;
- Section 27 — AI-Specific Liability;
- Section 28 — Customer Indemnification;
- Section 30 — Service Modifications;
- Section 31 — Changes to These Terms;
- Section 32 — Governing Law and Exclusive Jurisdiction; and
- Section 36 — Assignment.
The specific approval required under this section is collected separately from the Customer's general acceptance of these Terms.
Jarbris will record the Customer's specific approval together with the applicable Terms version, language version, date, time, and other relevant electronic data.
44. LANGUAGE
These Terms may be made available in multiple languages.
The version presented to and accepted by the Customer in the applicable language will govern the contractual relationship, except to the extent mandatory applicable law provides otherwise.
For Customers accepting the Italian version, the Italian version will prevail.
For Customers accepting the English version, the English version will prevail.
Jarbris may provide additional language versions for convenience.
In the event of a conflict between language versions, the version accepted by the Customer will prevail to the extent permitted by applicable law.
45. SURVIVAL
Provisions that by their nature should survive termination will remain in effect, including provisions concerning:
- intellectual property;
- confidentiality;
- payments;
- Customer responsibility;
- indemnification;
- disclaimers of warranties;
- limitations of liability;
- dispute resolution;
- governing law; and
- data retention.
46. CONTACT INFORMATION
Jarbris
Legal Entity Name: Quochi Tiziano — sole proprietorship Owner: Quochi Tiziano VAT Number: 04970050615 Registered Office: Via D. Alighieri n. 1, 81034 Mondragone (CE), Italy Email: info@jarbris.com PEC: tizianoquochi@pec.it Website: https://jarbris.com
47. ADDITIONAL TERMS — JARBRIS AI
These Additional Terms apply to Jarbris AI features and form part of the Agreement.
47.1 Jarbris AI
"Jarbris AI" means AI-powered features that generate, classify, transform, recommend, communicate, or perform actions based on Customer Data, interactions with end users, merchant instructions, or other Inputs.
47.2 AI Providers
Jarbris may use third-party AI providers to provide Jarbris AI.
Such providers may process Customer Data to the extent necessary to provide the applicable Services and subject to applicable contractual and data-protection obligations.
47.3 Customer Responsibility
The Customer is responsible for:
- Inputs;
- merchant instructions;
- policies;
- authorizations;
- workflow configuration;
- action limits;
- regulatory compliance;
- review and validation where appropriate; and
- use of Outputs.
47.4 Outputs
Outputs may be inaccurate, incomplete, or unsuitable for a particular purpose.
The Customer should independently evaluate Outputs where an incorrect result could have material commercial, legal, or other consequences.
47.5 Automated Actions
When Jarbris AI performs an Action, the Customer acknowledges that such Action may:
- communicate with end users;
- modify information;
- initiate workflows;
- interact with external systems; or
- otherwise affect the Customer's business operations.
The Customer authorizes Jarbris to perform Actions enabled through the Services.
47.6 Changes to AI Models and Providers
AI models, providers, and underlying technologies may change.
Jarbris may modify the underlying model, provider, architecture, or implementation where reasonably necessary to maintain, improve, protect, or operate the Services.
47.7 Reasonable Use
Jarbris may impose reasonable usage limits to protect:
- service performance;
- infrastructure;
- third-party providers;
- system integrity;
- other Customers; and
- operation of the Services.
Jarbris may limit or suspend usage that materially exceeds applicable limits or threatens the Services.
47.8 No Professional Advice
Jarbris AI does not constitute legal, medical, financial, tax, or other professional advice, except where expressly stated in relation to a specific Jarbris feature designed for such purpose.
48. ACCEPTABLE USE POLICY
This Acceptable Use Policy ("AUP") forms part of the Jarbris Agreement.
The Customer may not use Jarbris to:
- violate applicable laws;
- violate third-party rights;
- commit fraud or deceptive practices;
- distribute malware;
- circumvent security systems;
- conduct unauthorized surveillance;
- exploit or harm individuals;
- engage in unlawful discrimination;
- impersonate individuals or businesses;
- generate illegal or materially deceptive content;
- interfere with Jarbris infrastructure;
- circumvent technical limits;
- extract proprietary system information;
- develop competing AI systems through systematic extraction; or
- use Jarbris for prohibited high-risk AI use cases.
Jarbris may suspend or terminate access where reasonably necessary to address violations, security risks, abuse, or legal obligations.
Violation of this AUP constitutes a breach of the Agreement.
49. DATA PROCESSING ADDENDUM
Jarbris' Data Processing Addendum ("DPA") forms part of the Agreement and governs the processing of personal data performed by Jarbris on behalf of the Customer.
The DPA governs:
- controller and processor roles;
- processing instructions;
- categories of data;
- categories of data subjects;
- security measures;
- confidentiality;
- subprocessors;
- international transfers;
- data-subject rights;
- breach notification;
- audits;
- data deletion and return; and
- other applicable data-protection requirements.
The current DPA is available at:
50. PRIVACY POLICY
Jarbris' Privacy Policy describes how Jarbris processes personal data in connection with its business activities, website, accounts, marketing, analytics, and other activities where Jarbris acts as an independent controller or other independent party.
The Privacy Policy is available at:
https://jarbris.com/en/privacy/. The processing Jarbris carries out inside the service, on behalf of the Customer, is described instead in the product privacy notice.