Welcome to Veya! These Terms of Service ("Terms") govern your access to and use of the Veya Shopify app, the Veya forms published to your storefront, and related services (collectively, the "Services") provided by Nexmail, Inc. ("Nexmail," "we," "us," or "our"). Veya is a product of Nexmail. By installing, accessing or using the Services, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SERVICES.
1. Acceptance of Terms
By installing, accessing, or using the Services, you represent that:
- You are at least 18 years old and have the legal capacity to enter into these Terms
- If you are using the Services on behalf of a business or organization, including a Shopify store you operate for a client, you have the authority to bind that entity to these Terms
- You will comply with all applicable laws and regulations in your use of the Services
Your use of Shopify, including the Shopify App Store and Shopify billing, is also governed by your agreements with Shopify.
2. Description of Services
Veya is an app for custom email and SMS signup forms and popups on Shopify stores. Our Services include:
- AI-generated form designs built from your brief, with revisions
- Private previews on your storefront and publishing of designs you approve
- Signup forms, quizzes and fixed-offer games such as scratch cards, wheels and Plinko
- Collection of signups with separate email and SMS consent records
- Form analytics and A/B tests
- Delivery of signups to your Klaviyo account when you connect it
We may modify, update, or discontinue any aspect of the Services at any time, with or without notice.
3. Installation and Account
3.1 Shopify App Store: Veya is distributed only through the Shopify App Store and runs inside your Shopify admin. Veya forms appear on your storefront after you turn on the Veya app embed in your theme.
3.2 Account Security: You sign in to Veya through Shopify. You are responsible for who has access to your Shopify admin and to Veya, for all activities that occur under your store's account, and for notifying us immediately of any unauthorized use.
3.3 Account Termination: We reserve the right to suspend or terminate your access at any time for any reason, including violation of these Terms, fraudulent activity, or non-payment.
4. Free Trials, Plans and Billing
4.1 Free Trial: New subscriptions currently include a 14-day free trial. At the end of the trial period, your selected plan is charged through Shopify unless you cancel before the trial ends.
4.2 Plans: Plans are billed in US dollars, every 30 days or yearly, and differ by monthly visitor allowance. Current plans are Starter, $59 every 30 days or $531 yearly for up to 20,000 monthly visitors; Growth, $119 every 30 days or $1,071 yearly for up to 50,000 monthly visitors; Scale, $179 every 30 days or $1,611 yearly for up to 100,000 monthly visitors; Pro, $229 every 30 days or $2,061 yearly for up to 300,000 monthly visitors. Yearly plans keep the same monthly visitor allowance. [CONFIRM: refund terms when a yearly plan is cancelled or downgraded mid-year.] Stores above 300,000 monthly visitors are offered a private Pro+ plan at $229 plus $29 for each additional 100,000 monthly visitors, with the same yearly discount. Pricing is subject to change; current pricing is shown in the app and on our pricing page.
4.3 Billing Through Shopify: All charges are made through Shopify App Pricing and appear on your Shopify bill. Shopify collects payment and applicable taxes under your agreement with Shopify. We never receive your payment card details. All fees are non-refundable except as expressly stated in these Terms or required by law.
4.4 Subscription Term and Renewal: Your subscription renews automatically every 30 days until you cancel. You can choose or change your plan from the Veya billing screen, which opens Shopify's plan page.
4.5 Plan Access: Building and publishing designs, running A/B tests, showing forms to shoppers and accepting signups require an active plan or trial. Saved drafts, previews, analytics and privacy requests remain available without one.
5. Visitor Allowances
5.1 Allowance: Each plan includes a monthly allowance of unique storefront visitors per billing cycle, counted by Veya as described in our Privacy Policy. Your billing screen shows your current count.
5.2 No Automatic Upgrades or Overage Charges: We do not automatically upgrade your plan or charge overage fees if your store exceeds its allowance, and we do not pause your forms for exceeding it.
5.3 Moving Up a Plan: If your store goes over its allowance, we will let you know in the app and ask you to move to the plan that fits your traffic. You choose and approve any plan change in Shopify; we never change your plan for you. If you are above the largest public plan, we will offer you a private Pro+ plan priced as described in section 4.2.
6. Cancellation and Refunds
6.1 Cancellation Policy: You may cancel at any time by changing your plan through Shopify or by uninstalling Veya. A cancellation scheduled for the end of a billing cycle stays active until then. No refunds will be provided for partial billing periods or unused portions, except for technical incompatibility issues.
6.2 Uninstalling: When you uninstall Veya, your forms stop showing immediately. Shopify asks us to delete your store's data 48 hours after uninstall, and we then delete it, including forms, designs, signups and analytics, as described in our Privacy Policy. If you reinstall within those 48 hours, your workspace is restored with every form paused. Make sure signups you need have reached your own systems before you uninstall.
7. Marketing Consent and Legal Compliance
7.1 Your Responsibility: You decide what your forms ask for, what offers they show and what consent wording they display, and you are the sender of any marketing that follows. You are solely responsible for ensuring that your forms, consent wording, privacy notices and email and SMS marketing comply with all applicable laws, including CAN-SPAM, the Telephone Consumer Protection Act (TCPA) and state telemarketing and SMS laws, CASL, the GDPR and UK GDPR, and state privacy laws such as the CCPA.
7.2 SMS: If you collect phone numbers for SMS marketing, you are responsible for obtaining any required prior express written consent, for the disclosures shown with your SMS consent, and for honoring opt-outs. Veya keeps SMS consent separate from email consent, but it does not send messages and does not make your consent wording legally sufficient.
7.3 Consent Records: Veya stores the exact consent wording each shopper saw, but you must review that wording and keep your own records as the law requires.
7.4 Privacy Notices and Cookie Choices: You are responsible for your storefront privacy policy, which should describe your use of Veya, and for configuring Shopify's customer privacy and cookie banner. Veya follows the choices shoppers make there.
7.5 No Legal Advice: Veya provides tools, not legal advice. Consult your own counsel about your marketing practices.
8. Offers, Games and Quizzes
8.1 Fixed-Offer Games: Veya games, such as scratch cards, wheels and Plinko, reveal a single offer that you configure. Every outcome of a game reveals the same offer. Veya does not award random or chance-based prizes, and its games are not lotteries, sweepstakes or contests. Veya does not create discount codes.
8.2 Your Offers: You are responsible for the offers you show, for wording that does not suggest a shopper might win something different, for your redemption terms and for honoring the offer.
8.3 Sweepstakes and Contests: You may not use Veya to run lotteries, sweepstakes, contests or other promotions involving prizes awarded by chance.
9. AI-Generated Designs
9.1 Review Requirement: Veya designs are generated by artificial intelligence, using Anthropic's Claude, from your brief and form settings. All AI-generated content must be reviewed and approved by you before you publish it. AI-generated content may contain errors, inaccuracies or unexpected wording or layout.
9.2 Publishing: Only a design you approve is published, exactly as reviewed. Use private previews to check each design on your storefront before publishing.
9.3 Your Inputs: Do not include in your brief or settings any content you do not have the right to use, or any personal information about shoppers. Your brief and settings are processed by our AI provider as described in our Privacy Policy.
9.4 No Guarantee of Uniqueness: Designs generated for you may resemble designs generated for others. We do not guarantee that AI-generated content is unique or free of third-party rights.
10. Usage Restrictions and Acceptable Use
10.1 Usage Limits: Your use of the Services is subject to your plan, including the visitor allowances described in Section 5.
10.2 Prohibited Uses: You agree not to use the Services to:
- Create spam or collect contact details without the consent required by law
- Generate illegal, deceptive, misleading or harmful content, or offers you do not intend to honor
- Knowingly collect personal information from children, or ask for sensitive information such as health, financial account or government ID details
- Violate intellectual property rights or impersonate another person or brand
- Attempt unauthorized access, interfere with Shopify's customer privacy choices, or tamper with visitor metering or billing
- Reverse engineer the Services or resell them without permission
- Violate any applicable laws
11. Data Protection
11.1 Privacy Policy: Our Privacy Policy describes how we handle merchant data, shopper data and website data.
11.2 Shopper Data: For personal information that shoppers submit through your forms, you are the controller and Nexmail acts as your processor and service provider. We process shopper data only to provide the Services to you, following your settings and instructions; keep it confidential and protect it with the security measures described in our Privacy Policy; use only the sub-processors listed there; help you respond to shopper requests through Shopify's privacy webhooks; and delete it when Shopify asks us to after you uninstall. We do not sell shopper data or use it for our own purposes.
11.3 Your Instructions: You are responsible for having a lawful basis to collect shopper data and for instructing us lawfully.
Merchants who need a Data Processing Addendum for the GDPR or similar laws can request one at accounts@nexmail.ai. It incorporates the commitments in this section and the Standard Contractual Clauses where required.
12. Intellectual Property Rights
12.1 Nexmail's Intellectual Property: The Services, including the Veya app, form renderer, games and builder, are owned by Nexmail or our licensors and are protected by intellectual property laws.
12.2 Your Content and AI-Generated Designs: You retain ownership of all content you create using our Services, including your briefs and the designs generated for you. You grant Nexmail a worldwide, non-exclusive, royalty-free license to use your content solely to provide and improve the Services, including hosting it and displaying your forms on your storefront.
12.3 Feedback: If you provide feedback, you grant us an unrestricted right to use and incorporate such feedback.
13. Third-Party Services
Our Services depend on or integrate with third-party platforms such as Shopify, Klaviyo and Anthropic. We are not responsible for the availability, functionality, or performance of third-party platforms. Your use of Shopify and Klaviyo is governed by your agreements with them.
14. Beta Features and Experimental Services
Veya is in launch validation, and some features may be labeled beta. Beta features are provided "as-is" and may contain bugs, errors, or incomplete functionality. They may be modified, discontinued, or removed at any time without notice.
15. Warranties and Disclaimers
We do not guarantee any specific results or performance metrics from using our Services, including signups, conversion rates, list growth or revenue. We are not responsible for email or SMS deliverability. THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXMAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IN NO EVENT SHALL NEXMAIL'S TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU FOR VEYA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
17. Indemnification
You agree to indemnify, defend, and hold harmless Nexmail from any claims arising from your use of the Services; your forms, offers, consent wording and marketing; your violation of these Terms; or your violation of any applicable laws, including email, SMS, telemarketing, privacy and promotion laws.
18. Termination
You may stop using the Services at any time by uninstalling Veya from your Shopify admin. We may suspend or terminate the Services as described in Section 3.3. On termination, your forms stop showing and your data is deleted as described in Section 6.2 and our Privacy Policy. Sections that by their nature should survive termination, including Sections 7, 11, 12 and 15 through 20, survive.
19. Dispute Resolution and Governing Law
19.1 Governing Law: These Terms shall be governed by the laws of the State of California.
19.2 Arbitration Agreement: Disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA).
19.3 Class Action Waiver: Each party may bring claims only in an individual capacity.
20. Data Export and Portability
Signups reach your own systems through your connected Klaviyo list. You can download all of your signups, including the consent text each shopper saw, as a CSV from Veya at any time. For an export of your form designs or other data, email accounts@nexmail.ai and we will provide it within 30 days. Export before uninstalling, because store data is deleted 48 hours after uninstall.
21. Modifications to Terms
We reserve the right to modify these Terms at any time. If you continue to use the Services after changes take effect, you agree to the revised Terms.
22. General Provisions
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nexmail regarding Veya. If any provision is found invalid, the remaining provisions remain in effect. Our failure to enforce any provision does not constitute a waiver.
23. Contact Information
If you have any questions about these Terms, please contact us at:
Nexmail, Inc.
Email: accounts@nexmail.ai
Legal: accounts@nexmail.ai