AI Act Image Tool: Terms of Service

These Terms of Service (the Terms) govern the installation and use of AI Act Image Tool (the App), provided by Made in Evolve S.r.l., Via Rosalba Carriera 26, 41126 San Damaso, Modena (MO), Italy, Tax Code and VAT no. 03497200364, REA MO-392876 (Made in Evolve), to the merchant that uses it (the Merchant). By installing or using the App the Merchant accepts these Terms.

1. Subject

The App marks the products whose images have been generated or modified with artificial intelligence: on the products chosen by the Merchant it writes a metafield, a tag and a marker in the alternative text of the images, and, if the Merchant enables it, prints a visible watermark on the photos. It also offers a badge for the online store, the automatic monitoring of the catalogue (Advanced plan) and the cancellation of every change. It supports the transparency the Merchant chooses to provide, including in view of Regulation (EU) 2024/1689 (the AI Act).

The App works only with a store on Shopify. The relationship between the Merchant and Shopify is governed by the Shopify Terms of Service, which these Terms do not change; Shopify is not a party to these Terms and is not responsible for the App.

2. Account and installation

The App is intended for businesses and professionals: by accepting these Terms the Merchant declares that it acts for purposes related to its trade, business or profession, and that the person who installs the App has the authority to bind it. The App is installed from the Shopify admin by approving the permissions requested; the Merchant is responsible for the activity carried out with its store account, including by its staff and collaborators, and for keeping its access credentials safe.

3. Plans, fees and Shopify Billing

The App is offered in the following plans. The plans, prices, limits and features in force are those shown in the App Store listing and on the Shopify approval page at the time of subscription, which prevail over the summary below.

Plan	Price	Free trial	Main features and limits
Free	Free	—	Up to 30 images per month; metafield, tag and alt text; storefront badge; default text watermark; cancellation of changes
Pro	USD 9.99 per month or USD 79 per year	As shown in the listing	Up to 3,000 images per month; everything in Free plus customisable badge and text, image or EU-mark watermark
Advanced	USD 29.99 per month or USD 249.90 per year	As shown in the listing	Unlimited images; everything in Pro plus automatic monitoring of the catalogue

All charges are made through Shopify’s billing system (Shopify Billing), in US dollars: the Merchant approves each subscription on the Shopify confirmation page and the charges appear on its Shopify invoice, with the taxes calculated by Shopify. Recurring charges are billed every 30 days or every year, depending on the option chosen. The Merchant can change plan or cancel the subscription at any time from the App or from the Shopify admin; an upgrade takes effect immediately, while proration and credits are applied according to Shopify’s rules.

Except where mandatory law provides otherwise, fees already paid are not refundable, including in case of uninstallation or downgrade during the billing period. Made in Evolve may change the prices with at least 30 days’ notice given in the App or by email; the new prices apply from the next billing period and require the Merchant’s approval where Shopify requires it.

4. Free trial

The App offers a free plan with no time limit. Any free trial of the paid plans is the one shown in the App Store listing and on the Shopify approval page at the time of subscription.

5. Merchant responsibilities

The App does not detect whether an image has been generated or modified with artificial intelligence: it marks the products and images that the Merchant selects or that match the rules the Merchant sets (for example a tag or a text in the file name). The Merchant remains solely responsible for deciding which images to mark, for the accuracy of the statements shown to its customers and for its own compliance with the AI Act and with consumer protection rules. The watermark changes the image files: before enabling it, the Merchant should check the result on a few products.

The Merchant undertakes to use the App in accordance with the law, with these Terms and with the Shopify rules, and in particular not to use it to process data or content it has no right to process, not to attempt to access other merchants’ data, not to interfere with its operation and not to resell it or make it available to third parties outside its own store.

6. Intellectual property

The App, its software, interface, texts and trademarks belong to Made in Evolve or to its licensors. For the duration of the subscription Made in Evolve grants the Merchant a non-exclusive, non-transferable licence to use the App for its own store. The data and content of the store remain the property of the Merchant, who grants Made in Evolve the right to process them only to the extent necessary to provide the App.

7. Personal data

The processing of personal data is described in the Privacy Policy. Where Made in Evolve processes personal data on behalf of the Merchant, it acts as processor and the Data Processing Agreement applies, together with the data protection terms that Shopify requires of app developers.

8. Support, availability and changes

Support is provided in English and Italian through the chat inside the App or by writing to hello@madeinevolve.com, on business days and with reasonable efforts. Made in Evolve makes reasonable efforts to keep the App available but does not guarantee uninterrupted or error-free operation, also because it depends on Shopify and on other third-party services. Made in Evolve may update, improve or change the functions of the App; changes that significantly reduce the functions of a paid plan are notified in advance.

9. Uninstallation, termination and data

The Merchant may uninstall the App at any time from the Shopify admin: the subscription ends and no further charges are made. Made in Evolve may suspend or terminate the App for a Merchant who seriously breaches these Terms, does not pay the charges or uses it unlawfully, with notice where possible; it may also discontinue the App for all merchants with at least 60 days’ notice.

On uninstallation the access credentials are deleted immediately, and the other data are deleted as described in the Privacy Policy (normally 48 hours after uninstallation, when Shopify sends the deletion request). Metafields, tags, alternative texts, watermarked images and backup copies written by the App are store data and remain in the store after uninstallation; once the App is uninstalled, changes can no longer be cancelled from the App.

10. Warranties

The App is provided “as is” and “as available”. To the extent permitted by law, Made in Evolve gives no warranty that it is suitable for the Merchant’s specific purposes or that its use alone ensures compliance with any law. The Merchant is responsible for checking the results in its store.

11. Limitation of liability

To the extent permitted by law, Made in Evolve is not liable for indirect or consequential damages, loss of profits, revenue, data or goodwill, nor for damages caused by Shopify, by other apps or by third-party services. Made in Evolve’s total liability for any claim relating to the App is limited to the amounts paid by the Merchant for the App in the 12 months before the event giving rise to the claim. Nothing in these Terms excludes or limits liability for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code) or any other liability that cannot be limited by law.

The Merchant indemnifies Made in Evolve against third-party claims arising from content or data the Merchant processes with the App in breach of the law or of these Terms.

12. Changes to the Terms

Made in Evolve may change these Terms. Changes are published on this page with a new date and, if substantial, are notified in the App or by email at least 30 days before they take effect. If the Merchant does not accept them, it may uninstall the App before they take effect; continuing to use it afterwards means accepting them.

13. Governing law and jurisdiction

These Terms are governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute relating to these Terms or to the App falls under the exclusive jurisdiction of the Court of Modena (Italy). If the Italian and English versions differ, the Italian version prevails.

14. Contacts

Made in Evolve S.r.l., Via Rosalba Carriera 26, 41126 San Damaso, Modena (MO), Italy, Tax Code and VAT no. 03497200364, REA MO-392876. Email hello@madeinevolve.com, PEC madeinevolve@pec.it, telephone +39 059 788 0854. For privacy matters: privacy@madeinevolve.com.