Terms and conditions

Fitastic Terms and Conditions

Last updated: November 1, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Fitastic Shopify application and related services (collectively, the “Service”). The Service is provided by ASE Inc., a United States-based company (“Fitastic,” “we,” “us,” or “our”). By installing or using the Service you agree to be bound by these Terms and you represent that you have authority to bind the Shopify store, company, or organization on whose behalf you install the Service (“Merchant,” “you,” or “your”). If you do not agree, do not install or use the Service.

1. Description of the Service

Fitastic provides tools that allow Shopify retailers to:

Sync order and customer information from their Shopify store.
Connect a Gmail or Microsoft Outlook account so Fitastic can draft, send, and manage customer communications from the merchant’s own mailbox.
Use AI-assisted workflows to collect sizing information, recommend adjustments, and optionally update orders in Shopify on the merchant’s behalf.
Store configuration settings, size charts, brand preferences, and analytics to support sizing operations.

The Service may include web dashboards, APIs, hosted databases, queueing systems, and integrations with third-party providers. We may update features or functionality from time to time.

2. Eligibility

Only Shopify merchants in good standing may use the Service. You must be at least 18 years old (or the age of majority in your jurisdiction) and have the authority to agree to these Terms on behalf of your organization.

3. Merchant Responsibilities

You agree to:

Provide accurate information when installing and configuring the Service, and promptly update any changes.
Obtain all required rights and consents from customers and staff members before sharing their data with Fitastic or enabling automated communications.
Review and approve AI-generated recommendations and email drafts before they are sent or applied, unless you have expressly enabled automated actions. You remain solely responsible for the content of communications and any order changes made with the Service.
Maintain compliance with laws and policies applicable to your business, including privacy, consumer protection, e-commerce, anti-spam, and data retention rules.
Keep connected email accounts in good standing and comply with the applicable Google and Microsoft terms governing those accounts.
Respond to and honor customer privacy requests. Fitastic supports Shopify’s GDPR webhooks, but merchants remain responsible for initiating and communicating with customers.
Safeguard access credentials to Shopify, Gmail, Outlook, Supabase, or other systems used in connection with the Service.

4. Account Access and Security

The Service uses Shopify authentication and may also rely on OAuth tokens for Gmail or Microsoft Outlook. You authorize Fitastic to store and refresh those tokens solely to operate the Service. You are responsible for all activity occurring under your Shopify store and connected accounts. Notify Fitastic immediately at accounts@fitastic.io if you suspect unauthorized access.

5. Fees and Billing

Any fees for the Service are disclosed in the Shopify App Store listing or within the Service. Charges are billed through Shopify’s billing system. Fees are non-refundable except as required by Shopify’s app billing policies or applicable law. Fitastic may revise fees by providing at least 30 days’ notice through Shopify or the Service.

6. License and Intellectual Property

Fitastic grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your internal business purposes while these Terms remain in effect.
Fitastic retains all rights, title, and interest in the Service, including all related intellectual property. You may not copy, modify, reverse engineer, or create derivative works from the Service except as expressly permitted by these Terms.
You grant Fitastic a limited license to use, host, store, reproduce, and process Merchant Content (including customer data, order details, size charts, and communications) solely to provide and maintain the Service, fulfill legal obligations, and enforce these Terms.

7. AI-Generated Output and Order Actions

Fitastic uses AI models to assist with drafting emails, collecting measurements, and recommending size adjustments. AI-generated content may not be accurate or appropriate for every situation. You are responsible for reviewing output before sending it to customers or applying recommended changes. Fitastic is not liable for decisions you make based on AI-generated suggestions or for any resulting order changes, returns, or customer communications.

8. Prohibited Uses

You agree not to:

Use the Service for any unlawful, fraudulent, harmful, or abusive purpose.
Violate Shopify’s terms, Google’s API Policies, Microsoft’s API Policies, or any third-party rights.
Attempt to gain unauthorized access to the Service or related systems, or interfere with their operation.
Upload or transmit malicious code, or overload our infrastructure.
Resell, sublicense, or provide the Service to third parties without our prior written consent.

Fitastic may monitor use of the Service to ensure compliance and protect our infrastructure.

9. Data Privacy

Your use of the Service is subject to the Fitastic Privacy Policy, which explains how we process personal information. By using the Service you acknowledge that Fitastic may access and process Merchant Content as described in the Privacy Policy. Merchants must provide their customers with all required notices and obtain valid consent for the data they share with Fitastic.

10. Support and Service Availability

Fitastic provides email-based support at accounts@fitastic.io. We aim to respond within one business day. While we strive for high availability, the Service may occasionally be unavailable due to maintenance, updates, or circumstances beyond our control.

11. Modifications and Beta Features

We may release new features or beta functionality. Beta features are provided “as is,” may be subject to additional terms, and may be modified or discontinued at any time. We also reserve the right to modify these Terms. If we make material changes, we will provide notice through the Service or email. Your continued use after changes become effective constitutes acceptance of the revised Terms.

12. Suspension and Termination

We may suspend or terminate your access to the Service if you violate these Terms, if we suspect fraudulent or abusive activity, or if required by law. You may terminate these Terms at any time by uninstalling the app through Shopify Admin. Upon termination:

Your license to use the Service ends immediately.
Shopify’s shop/redact webhook will trigger anonymization of store data within 48 hours, as described in the Privacy Policy.
Sections of these Terms that by their nature should survive (including payment obligations, confidentiality, disclaimers, limitations of liability, and indemnities) will remain in effect.

13. Warranties and Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED IN THESE TERMS, FITASTIC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FITASTIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL MEET YOUR EXPECTATIONS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITASTIC’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES PAID BY THE MERCHANT TO FITASTIC FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT WILL FITASTIC OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, the above limitation will apply to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fitastic, its affiliates, and their directors, officers, employees, and agents from and against any third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your misuse of the Service or violation of these Terms.
Merchant Content, including communications sent to customers or order changes made using the Service.
Your violation of any law or third-party rights.

We will promptly notify you of any claim and cooperate in the defense at your expense.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of laws principles. Any dispute arising out of or relating to the Service or these Terms will be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the jurisdiction and venue of those courts. Nothing prevents either party from seeking injunctive relief to protect its rights pending final resolution.

17. Miscellaneous

These Terms, together with the Privacy Policy and any Shopify billing terms, constitute the entire agreement between you and Fitastic regarding the Service.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Neither party may assign these Terms without the other’s consent, except Fitastic may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Delay or failure to enforce any provision will not constitute a waiver.

18. Contact

For questions about these Terms, please contact us at:

ASE Inc. d/b/a Fitastic
accounts@fitastic.io