Lærke
N° 07Terms

Terms of Service

The agreement between Lærke and the Shopify merchants who install it.

Last updated 2026-05-19

These Terms of Service ("Terms") govern your use of Lærke (the "Service"), an AI chat assistant for Shopify storefronts operated by Spartahive ("we", "us"). By installing Lærke on a Shopify store you (the "Merchant") agree to these Terms. If you don't agree, don't install the app.

1. Definitions

  • Service — Lærke, including the embedded admin app, the Shopify Theme App Extension chat widget, and the supporting API.
  • Merchant — the Shopify shop owner or operator who installs Lærke.
  • Shopper — an end user interacting with the chat widget on a Merchant's storefront.
  • Subscription — the paid plan the Merchant agrees to via Shopify Billing when activating the Service.

2. License + acceptable use

We grant the Merchant a non-exclusive, non-transferable, revocable licence to use the Service for the duration of the Subscription, solely on the Shopify stores the Merchant owns or operates.

You may not:

  • Reverse-engineer, decompile, or attempt to extract the Service's source code beyond what's openly available in the original shop-chat-agent reference (MIT-licensed by Shopify).
  • Use the Service to send spam, harass shoppers, or violate applicable consumer-protection law.
  • Resell, sublicense, or white-label the Service without a separate written agreement.
  • Use the Service to process content that's illegal under Danish, EU, or the Merchant's local law, including child sexual abuse material, content that incites violence, or content that infringes third-party intellectual property.
  • Use the Service to circumvent Shopify's Acceptable Use Policy.

3. Merchant responsibilities

  • The Merchant is the data controller for shopper interactions on their store (see the Privacy Policy). You're responsible for disclosing the Service in your own privacy notice and obtaining consent where required by local law.
  • The Merchant is responsible for the bot's configuration — bot name, system prompt overrides, allowed/forbidden topics, suggested questions, FAQ buttons, fallback messages, and any corrections promoted to canonical training examples.
  • The Merchant is responsible for monitoring conversations and removing any unsafe or off-policy answers via the correction loop.
  • The Merchant must keep its Shopify store and Lærke install in good standing — accounts with unpaid invoices or repeated policy violations may be suspended.

4. Service availability

We aim for high availability but make no specific uptime guarantee at this tier. The Service depends on Shopify and a small number of third-party providers; outages in those providers may cause Service interruptions. Planned maintenance is communicated in-app or by email where the impact is significant.

5. AI-generated content

The Service uses large language models to generate answers. AI-generated responses may be incomplete, inaccurate, or contradict the Merchant's actual policies. The Merchant should review conversations regularly and use the correction tools in the admin to improve accuracy.

We do not warrant that bot replies are factually correct, legally binding, or fit for any particular purpose. Where the Merchant chooses to display a disclaimer to shoppers via the in-app setting, that disclaimer reflects this reality.

6. Billing

All payments are processed by Shopify under Shopify's billing terms — we don't take card data ourselves. Subscriptions auto-renew on the cadence you approved in Shopify (typically every 30 days). Trial periods, if offered, are disclosed at install.

Usage-based overage charges apply when message volume exceeds the Subscription's included quota, up to the cap you pre-approved when activating. Overage is billed via Shopify appUsageRecord entries.

Refunds: pro-rated refunds aren't generally available. We may issue discretionary refunds where the Service was materially defective for the billing period in question. Cancellation takes effect at the end of the current Shopify billing period.

7. Data ownership + portability

The Merchant owns all conversations, corrections, and configuration data stored in their Lærke install. We don't claim any rights to that data.

On uninstall, conversation data is retained for 48 hours and then deleted in response to Shopify's shop/redact webhook. Merchants may request an earlier export by contacting us at the address below — exports are delivered as JSON within 14 days.

8. Intellectual property

The Service, including its code, design, and documentation, remains our property (or that of our licensors, including Shopify's MIT-licensed reference code). Trademarks "Lærke" and "Spartahive" are ours. Merchant feedback and feature suggestions, if provided, may be used by us to improve the Service without obligation to compensate.

9. Confidentiality

Each party will treat non-public information learned about the other (including API keys, integration details, business metrics) as confidential and will not disclose it except as necessary to operate the Service or as required by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of liability

To the maximum extent permitted by law, in no event will our aggregate liability for any claim arising out of or relating to these Terms exceed the greater of (a) the total fees paid by the Merchant in the 12 months preceding the event giving rise to the claim, or (b) USD 100. We are not liable for indirect, incidental, consequential, exemplary, or punitive damages, or lost profits or revenue, even if advised of the possibility.

12. Indemnification

The Merchant will indemnify and hold us harmless from third-party claims arising out of (a) the Merchant's misuse of the Service in violation of these Terms, (b) bot configurations or canonical corrections the Merchant has authored or approved, or (c) the Merchant's failure to comply with its own data-protection obligations to shoppers.

13. Term + termination

These Terms remain in effect for as long as Lærke is installed on the Merchant's store. The Merchant may terminate at any time by uninstalling the app from Shopify — this cancels the Subscription at the end of the current Shopify billing period.

We may suspend or terminate the Service for any Merchant in breach of these Terms, with reasonable prior notice except where immediate action is required to protect the Service, other Merchants, or shoppers.

14. Governing law + disputes

These Terms are governed by the laws of Denmark, without regard to its conflict-of-laws rules. Disputes will be resolved by the courts of Kolding, Denmark, except where mandatory consumer-protection law requires otherwise.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to active Merchants by email and/or in-app banner at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. Non-material edits (typo fixes, clarifications) take effect when posted.

16. Contact

Questions about these Terms can be sent to laerke@spartahive.com. Data-protection requests should go to the same address — see the Privacy Policy for full details.