Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Inventory Genius platform, available at www.inventory-genius.com, our Shopify apps Inventory Genius and Bundle Genius, and any associated applications (the "Service"), operated by Kakariki Green Ltd trading as Inventory Genius, a company registered in New Zealand ("Inventory Genius", "we", "us", or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding agreement.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@inventory-genius.com if you become aware of any unauthorised access.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes, subject to these Terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorised access to any part of the Service, other users' accounts, or our systems.
• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Use the Service to transmit malware, spam, or other harmful content.
• Resell, sublicence, or redistribute access to the Service without our written consent.
• Use automated means (bots, scrapers, etc.) to access the Service except through our published API, if any.

You retain all ownership rights in the data, content, and materials you upload to the Service ("Your Data"). By using the Service, you grant us a limited licence to host, store, and process Your Data solely to provide and improve the Service.

We will not access, use, or disclose Your Data except as necessary to operate the Service, comply with the law, or as otherwise described in our Privacy Policy.

You are responsible for maintaining your own backups of Your Data. While we take reasonable measures to protect data, we are not liable for any loss or corruption of Your Data.

If you install both Inventory Genius and Bundle Genius on the same Shopify store, the two apps operate on one shared account and one shared data set for that store — data synced or created by one app is accessible in the other. See our Privacy Policy for how this shared data set is handled and deleted.

The Service includes AI-powered features — such as demand forecasts and reorder suggestions in Inventory Genius, and AI-generated bundle titles, descriptions, product images, pricing suggestions, and bundle opportunities in Bundle Genius. These outputs are suggestions and estimates computed from your store's data. They are not financial, accounting, or business advice, and we do not guarantee any commercial outcome (sales, margin, or stock clearance) from acting on them.

You are responsible for reviewing AI-generated content before publishing it to your store; it may be inaccurate and may not accurately depict your physical products. You must have the rights to the product data and images you submit for generation. To the extent we hold any rights in AI-generated output, we assign them to you; output is provided without warranty of accuracy, non-infringement, or fitness for purpose. AI features are metered per plan and may be throttled or suspended in cases of abuse.

The Service — including its design, code, logos, trademarks, and documentation — is owned by Inventory Genius and protected by New Zealand and international intellectual property laws, including the Copyright Act 1994 (NZ) and the US Copyright Act (17 U.S.C.). Nothing in these Terms transfers any intellectual property rights to you, except the limited licence granted in Section 4.

All billing and payment processing for the Service is handled by Shopify Inc. ("Shopify"). We do not collect, store, or have access to your payment or billing information. Your use of Shopify's payment services is subject to Shopify's Terms of Service and Shopify's Privacy Policy. Any billing disputes should be directed to Shopify in the first instance.

Paid plans, free tiers, and usage limits (such as the monthly bundle and AI image quotas in Bundle Genius's free plan) vary per app and are presented in the app's App Store listing and in-app billing screens at the time you subscribe. Free-tier usage limits are hard caps that reset on the schedule shown in the app. Subscriptions are billed through the Shopify Billing API on your Shopify invoice; cancelling a subscription or uninstalling an app stops future charges. Charges already incurred are non-refundable except where required by law or by Shopify's policies.

If we change our pricing or introduce new paid features, we will provide at least 30 days' notice before any changes take effect.

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free access. We may suspend the Service temporarily for maintenance, updates, or circumstances beyond our reasonable control. Where practicable, we will provide advance notice of planned downtime.

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

Nothing in these Terms excludes or limits any consumer guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (to the extent it applies) or other mandatory consumer protection laws.

To the maximum extent permitted by applicable law:

• Inventory Genius shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill.
• Our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) NZD $100.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Nothing in this section excludes liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.

You agree to indemnify, defend, and hold harmless Inventory Genius and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights.

You may close your account at any time by contacting us at support@inventory-genius.com or through the account settings in the Service.

We may suspend or terminate your access to the Service at any time, with or without cause, upon reasonable notice. If we terminate your account without cause, we will provide at least 30 days' notice where practicable and allow you to export Your Data.

Upon termination, your licence to use the Service ceases immediately. Sections 5 (Your Data), 6 (AI Features and Suggestions), 7 (Intellectual Property), 10 (Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law) survive termination.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by placing a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the updated Terms, you should stop using the Service and close your account.

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict-of-law principles.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to the exclusive jurisdiction of the courts of New Zealand.

If you are a resident of the United States, nothing in this section prevents you from bringing a claim in your local small claims court for disputes within that court's jurisdiction, or from exercising any non-waivable rights under applicable US federal or state law.

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Inventory Genius regarding the Service.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet or infrastructure failures.

Kakariki Green Ltd trading as Inventory Genius
Email: support@inventory-genius.com
Website: www.inventory-genius.com