Terms of service

Last updated: […]

Draft pending legal review. Details in square brackets will be completed before publication.

The contract between OMNLY and the shop that signs up. They are accepted when signing up on the website, in the console or when installing the Shopify app.

Who we are

OMNLY is a service of [razón social], with tax number [NIF] and registered address at [domicilio] («OMNLY»). Contact: hola@omnly.io.

What you are contracting

• AI search for the online shop: search, suggestions, filters and statistics.
• Optional AI assistant for the website, WhatsApp and email, which runs on the shop's own AI key.
• The management console and the connection modules (PrestaShop, WooCommerce, Shopify and others).

For professionals only

The service is for companies and self-employed people who use it in their business. Whoever signs up declares that they do so as a professional, so the consumer right of withdrawal does not apply.

Sign-up and account

Sign-up details must be true. Each shop gets one free trial only. The customer is responsible for their team's access and for the permissions given to each user.

Free trial

30 days, once per shop. If there is no payment method when it ends, the service is paused and nothing is charged.

Price and tiers

• The fee depends on searches, from €24 to €399 per month excluding VAT, according to the table published on the website.
• Each monthly period is charged at the tier that covered actual usage in the previous period; the first paid period, at the usage during the trial. The service is never cut off for exceeding the tier and the excess is not charged separately.
• We notify you by email on reaching 80% and 100% of the tier.
• Price changes are notified at least 30 days in advance; the customer may cancel before they apply.

Payment

• By card (Stripe or Redsys), in advance: each monthly period starts when the trial ends and is charged on the first day of the period. If that day does not exist in a month, it is charged on the last day of that month.
• On Shopify, on the Shopify invoice (Shopify Billing), in the shop's currency and with the surcharge stated when subscribing.
• If a payment fails, we notify you and retry. If it is not resolved within the deadline (1 day for the first charge, 3 to 5 days afterwards), the service is paused. On payment, it resumes automatically.
• Invoices are available in the console.

No lock-in

The customer may cancel at any time from the console, or by uninstalling the app on Shopify. The paid period is not renewed: the service continues until that period ends and the unused part is not refunded. On Shopify, uninstalling the app ends the service at that moment. Any outstanding payment must be paid first.

What the shop does

Use the service lawfully, hold the rights to its catalogue and meet its obligations to its own customers. Its privacy policy must mention the search and the assistant.

The assistant's AI

The assistant runs on the shop's AI account and key, with the provider it chooses, and the shop pays its provider for the cost of the AI. AI answers can be wrong: the shop reviews what it configures and is responsible for its commercial rules. OMNLY offers optional human review and spending limits.

Availability and support

We work to keep the service always available and give notice of maintenance downtime. Email support during business hours.

Intellectual property

The software belongs to OMNLY. The modules are licensed for use for the duration of the contract. The catalogue and content belong to the shop.

Liability

OMNLY's liability is limited to the amount paid by the customer in the last 12 months and does not cover loss of profit, except in cases of wilful misconduct or gross negligence.

Personal data

OMNLY processes the data of the shop's customers as a processor, under the data processing agreement below, which forms part of these terms.

End of the contract

After cancellation, the customer has 30 days to export their data. It is then deleted, except for what must be kept by law, such as invoices.

Changes to the terms

Notified by email and in the console 30 days in advance.

Law and courts

Spanish law applies. For any dispute, the courts of [ciudad].

Annex: data processing agreement

Who is who

The shop is the controller of its customers' data. OMNLY is the processor (Art. 28 GDPR) and processes the data only to provide the service.

What data and what for

What OMNLY undertakes

• To process data only on the shop's instructions: these terms and what it configures in the console.
• Confidentiality of everyone with access.
• Security measures: encryption in transit, encrypted keys, permission-based access, encrypted backups, access logs and masking of personal data in logs and in what is sent to the AI when it is not needed.
• To use only the sub-processors on the list and give 30 days' notice of changes so the shop can object.
• To help the shop respond to individuals' rights and with impact assessments.
• To report a security breach without delay and within 48 hours at most of becoming aware of it.
• On termination, to return the data (export) and delete it within 30 days.
• To allow reasonable audits, with prior notice and at the expense of whoever requests them.

Sub-processors