Terms and Conditions for Franko.ai

Effective Date: 08/02/2026

Welcome to Franko.ai, an AI-powered NPS and customer feedback platform that integrates with Shopify and Klaviyo. By accessing or using Franko.ai, you agree to these Terms and Conditions. Please read them carefully.

1. Acceptance of Terms

By using Franko.ai, you confirm that you are an authorised representative of your business and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree, you may not use our service.

2. Use of the Service

• Eligibility: You must be at least 18 years old and authorised to represent your business to use Franko.ai. By using our service, you confirm you meet these requirements.
• Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Shopify Integration: By connecting your Shopify store, you authorise Franko.ai to access your store data (orders, customers, products, themes) via the Shopify API in accordance with Shopify's API License and Terms of Use.
• Klaviyo Integration: By connecting your Klaviyo account, you authorise Franko.ai to create email templates, flows, and send events on your behalf via the Klaviyo API.
• Prohibited Activities: You may not use Franko.ai for any illegal purposes, including but not limited to phishing, spamming, distributing malware, infringing intellectual property rights, or any actions that could harm Franko.ai, its users, or third parties. You may not use the service to send unsolicited communications or violate anti-spam laws (CAN-SPAM, GDPR).

3. Subscription and Payment

• Free Trial: Franko.ai offers a usage-based free trial. Details and limitations of the free trial are available on our website and within the Shopify app.
• Shopify Billing: For merchants using Franko.ai via the Shopify App Store, subscriptions are managed through Shopify's billing system. By subscribing, you accept Shopify's billing terms.
• Direct Billing: For merchants using direct billing, payments are processed via Stripe. By subscribing, you accept Stripe's terms of service.
• Cancellation and Refunds: You may cancel your subscription at any time through your Shopify admin or account settings. Full refunds are available if requested within the same month as the payment. No refunds are provided for unused portions of a subscription period after the month of payment.

4. Data Processing

• Data Processor Role: When processing customer data on your behalf (e.g., order data, NPS survey responses), Franko.ai acts as a data processor. You, the merchant, remain the data controller and are responsible for ensuring you have a lawful basis for collecting and sharing customer data with Franko.ai.
• Customer Consent: You are responsible for ensuring that your use of Franko.ai to send NPS survey invitations complies with applicable laws, including obtaining any necessary consents from your customers.
• AI Processing: Survey responses are processed using AI (Anthropic and OpenAI) for sentiment analysis, classification, and feedback extraction. This automated processing is used for analytics purposes and does not produce decisions with legal or significant effects on customers.
• Data Deletion: We honour data deletion requests received via Shopify's compliance webhooks. When a customer's data is requested to be deleted, we anonymise their personal information while preserving non-identifiable analytics data. For details, see our Privacy Policy.

5. Intellectual Property

• Ownership: All content, including text, graphics, logos, and software provided by Franko.ai, is owned by Franko.ai (ABN 59140717232) or our licensors and is protected by intellectual property laws.
• License: We grant you a limited, non-exclusive, non-transferable license to use Franko.ai for your business purposes.
• Your Data: You own the customer response data you collect using Franko.ai. You grant Franko.ai a worldwide, non-exclusive, royalty-free license to use, store, and process your content solely to provide and improve our service. We will not use your data for purposes unrelated to providing our service without your consent.

6. Third-Party Services

Franko.ai integrates with and relies on third-party services including Shopify, Klaviyo, Stripe, Vercel, Clerk, Supabase, Anthropic, and OpenAI. These services have their own terms and privacy policies. We are not responsible for the practices of these third-party services.

7. Termination

• By You: You may terminate your account at any time by uninstalling the Shopify app or through your account settings.
• By Us: We may suspend or terminate your account at our discretion, with or without notice, for any violation of these Terms.
• Effect of Termination: Upon termination, your access to Franko.ai ends immediately. Pending NPS survey invitations will be cancelled. Your data will be handled in accordance with our Privacy Policy and Shopify's compliance requirements. Provisions such as ownership, disclaimers, and liability limits will survive termination.

8. Disclaimers and Limitations of Liability

• Disclaimer of Warranties: Franko.ai is provided "as is" and "as available" without any warranties, express or implied.
• AI Accuracy: AI-generated classifications, sentiment analysis, and feedback extraction are provided for informational purposes only. We do not guarantee the accuracy or completeness of AI-generated outputs.
• Limitation of Liability: To the fullest extent permitted by Australian law, Franko.ai (ABN 59140717232) is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill arising from your use of Franko.ai, unauthorised access, service interruptions, or third-party actions.

9. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of Australia.
• Dispute Resolution: Any disputes arising from these Terms will be resolved in the courts of Australia.

10. Changes to These Terms

We may update these Terms and Conditions from time to time. Minor changes will be posted on our website with an updated effective date. For substantial changes, we will notify you via email. Your continued use of Franko.ai after any changes signifies your acceptance of the updated Terms.

11. Contact Us

For questions about these Terms and Conditions, please contact us at fletcher@franko.ai.