These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Madewithinter Ltd, a company incorporated in England and Wales with its registered office at 32 Threadneedle Street, Floor 4, London, EC2R 8AY, United Kingdom ("Madewithinter", "we", "us", or "our").
By accessing or using the Madewithinter platform, website, APIs, or any related services (collectively, the "Services"), or by clicking "I Agree", signing an Order Form, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall mean that entity.
If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and any changes will be effective as described in Section 19 below.
These Terms should be read alongside our Privacy Policy and Cookie Policy, which are incorporated herein by reference.
Madewithinter provides an AI-powered e-commerce personalization platform designed to help online retailers and merchants deliver highly relevant, individualised shopping experiences. Our Services include:
The specific features, capabilities, and service levels available to you depend on your chosen subscription plan as described in Section 4. We reserve the right to modify, enhance, or discontinue features of the Services at any time, provided that material reductions to core functionality will be subject to reasonable advance notice.
To register for and use the Services, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into binding contracts under applicable law; (c) be a business entity or individual acting in a commercial capacity; and (d) not be a person or entity barred from receiving the Services under the laws of the United Kingdom, the United States, or any other applicable jurisdiction.
You must provide accurate, current, and complete information during registration, including your full legal name (or business name), valid email address, billing information, and any other requested details. You are responsible for maintaining the accuracy of your account information and for promptly updating any information that changes.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to: (a) select a strong password and keep it confidential; (b) enable multi-factor authentication if offered; (c) notify us immediately at legal@madewithinter.com of any suspected unauthorised access or security breach; and (d) not share your account credentials with any third party.
We will not be liable for any loss or damage arising from your failure to comply with these security obligations. You may be held liable for losses incurred by us or others due to any such failure.
Each legal entity may maintain only one active account unless expressly agreed otherwise in writing. We reserve the right to merge or terminate duplicate accounts.
Madewithinter offers the following subscription plans, subject to the features and pricing published at madewithinter.com/price.html or as specified in an Order Form:
We reserve the right to add, modify, or discontinue plans with reasonable prior notice to existing subscribers.
Subscription fees are billed in advance on a monthly or annual basis, as selected by you at the time of purchase. All fees are stated in GBP (or USD where specified) and are exclusive of applicable taxes, including VAT.
Payment is due upon receipt of invoice or, for card payments, on each billing cycle date. We accept payment via credit/debit card and bank transfer (for annual plans and Enterprise customers). You authorise us to charge your designated payment method for all fees due.
If payment is not received by the due date, we reserve the right to: (a) suspend access to the Services after 7 days written notice; and (b) charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
We may modify our pricing at any time by providing at least 30 days written notice prior to your next billing cycle. Your continued use of the Services after the effective date of a price change constitutes your acceptance of the new pricing.
You are responsible for paying all applicable taxes, levies, or duties imposed by taxing authorities. Where we are required to collect VAT or similar taxes, those amounts will be added to your invoice. If you are VAT-registered in the EU or UK, please provide your valid VAT registration number to ensure correct tax treatment.
Subscription fees are non-refundable except: (a) where required by applicable law; (b) where we have materially failed to deliver the Services in accordance with these Terms and have failed to remedy such failure within a reasonable period; or (c) as otherwise agreed in writing. We do not offer pro-rata refunds for unused portions of subscription periods.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services.
You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including data protection laws (including UK GDPR and EU GDPR), consumer protection laws, and applicable e-commerce regulations.
You agree not to engage in any of the following prohibited activities:
We reserve the right to investigate and, where appropriate, suspend or terminate access to the Services for any violation of this section.
Madewithinter and its licensors own all right, title, and interest in and to the Services, including all software, algorithms, machine learning models, user interfaces, documentation, trademarks, trade names, service marks, logos, and other intellectual property rights ("Madewithinter IP"). Nothing in these Terms transfers any ownership of Madewithinter IP to you.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services solely for your internal business purposes during the term of your subscription.
You retain all right, title, and interest in and to: (a) your account data, business information, and configuration settings; and (b) the end-user behavioral data and transactional data generated by your customers through your deployment of our SDK (collectively, "Customer Data"). You grant Madewithinter a limited licence to access, process, and use Customer Data solely to the extent necessary to provide the Services and as permitted by your applicable DPA.
If you provide us with suggestions, feedback, ideas, or improvements relating to the Services ("Feedback"), you grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, and incorporate such Feedback into our Services without restriction or compensation to you.
We may collect and use aggregated, de-identified analytics data about how customers use the Services to improve our platform, develop new features, and publish industry insights. Such aggregated data will not identify you or your customers individually.
You represent and warrant that: (a) you have all necessary rights, consents, and permissions to provide Customer Data to us for processing in connection with the Services; (b) your collection and use of Customer Data complies with applicable data protection laws; and (c) Customer Data does not violate any third-party intellectual property rights, privacy rights, or applicable laws.
You are responsible for the accuracy, quality, and legality of Customer Data and for the means by which you acquired Customer Data. We are not responsible for the content or accuracy of Customer Data and will not review Customer Data except as necessary to provide the Services or as required by law.
To the extent that we process personal data of your customers or website visitors on your behalf in the course of providing the Services, we act as a data processor and you act as the data controller. In such cases:
For further information about our data processing practices, please refer to our Privacy Policy.
Access to the Madewithinter API is subject to rate limits based on your subscription plan. Rate limit details are published in our developer documentation and may be updated from time to time. Current default limits are:
If your usage exceeds the limits of your plan, we will notify you and may: (a) temporarily throttle your API access; (b) invite you to upgrade to a higher tier; or (c) charge overage fees at the rates specified in your Order Form. We will not terminate your account for accidental, one-time limit breaches without prior notice and an opportunity to remedy.
You may not attempt to circumvent rate limits through technical means such as distributing API calls across multiple accounts or using proxy services to mask usage volume.
We commit to maintaining platform availability of at least 99.9% uptime per calendar month for the core recommendation and analytics APIs (the "Service Uptime Guarantee"), excluding scheduled maintenance windows and force majeure events. This equates to no more than approximately 43.8 minutes of unplanned downtime per month.
We reserve the right to conduct scheduled maintenance that may affect platform availability. We will provide at least 72 hours advance notice for planned maintenance windows that are expected to cause service interruption, and will endeavour to schedule such maintenance during off-peak hours (00:00–04:00 UTC).
If we fail to meet the Service Uptime Guarantee in any given calendar month, you may be eligible for service credits as follows:
To claim an SLA credit, you must submit a written request to legal@madewithinter.com within 30 days of the end of the affected month, with evidence of the downtime. Credits will be applied to your next invoice and do not constitute a cash refund. SLA credits are your sole and exclusive remedy for service unavailability.
Support response times vary by plan: Starter customers receive email support with responses within 2 business days; Growth customers receive priority email and chat support with responses within 4 business hours; Enterprise customers receive 24/7 critical issue support and a dedicated technical account manager.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) NEITHER MADEWITHINTER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MADEWITHINTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) MADEWITHINTER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO MADEWITHINTER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
(c) THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.
Nothing in these Terms shall limit or exclude liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability that cannot be limited or excluded by law.
You agree to indemnify, defend, and hold harmless Madewithinter and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services in violation of applicable law; (c) any Customer Data that infringes the intellectual property rights, privacy rights, or other rights of any third party; (d) your deployment of our SDK on your storefront in a manner that violates applicable data protection laws; or (e) any claim by your customers or end-users arising from your use of the Services.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with us in asserting any available defences.
We warrant that: (a) the Services will perform materially in accordance with the documentation during the subscription term; (b) we will implement commercially reasonable security measures as described in these Terms and our Privacy Policy; and (c) we will not knowingly introduce malicious code into the Services.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADEWITHINTER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (c) WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED RECOMMENDATIONS OR PREDICTIONS; AND (d) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
You acknowledge that AI-generated recommendations are probabilistic in nature and that actual performance outcomes will vary based on factors including, but not limited to, your product catalogue, customer base, market conditions, and implementation quality.
These Terms commence on the date you first access or use the Services and continue until your subscription expires or is terminated in accordance with this section.
You may terminate your subscription at any time by providing written notice to us at legal@madewithinter.com at least 30 days before your next billing cycle. Termination will take effect at the end of your current paid billing period. No refund will be provided for unused portions of a prepaid subscription period except as required by law.
We may terminate or suspend your account and access to the Services: (a) immediately, without notice, if you materially breach these Terms, including any prohibited activities under Section 6; (b) with 30 days written notice, if you fail to pay any undisputed amounts due and do not cure such failure within 14 days of written notice; (c) with 30 days written notice, for any other reason at our discretion.
Upon termination or expiration of your subscription: (a) your right to access and use the Services will immediately cease; (b) any outstanding fees for the current billing period will become immediately due and payable; and (c) we will delete or anonymise your Customer Data within 90 days of termination, unless: (i) we are required to retain it by applicable law; (ii) you submit a written data export request before the expiry of the 90-day period; or (iii) a longer retention period is agreed in your DPA.
Upon written request submitted within 30 days of termination, we will provide you with a machine-readable export of your Customer Data in a standard format. After this 30-day window, we make no guarantee of data availability.
The following sections shall survive any termination or expiration of these Terms: Section 7 (Intellectual Property), Section 8 (Customer Data Rights), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Warranties and Disclaimers), Section 16 (Governing Law), and any other provisions that by their nature should survive.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Subject to Section 17 (Dispute Resolution), the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute informally. Either party may initiate informal dispute resolution by providing written notice to the other party describing the nature of the dispute and the relief requested. The parties shall use good faith efforts to resolve the dispute within 30 days of such notice.
If informal resolution fails, the parties agree to attempt to resolve the dispute through mediation administered by the Centre for Effective Dispute Resolution (CEDR) in London, in accordance with its Model Mediation Procedure, before commencing litigation. Either party may initiate mediation by written notice to the other. The costs of mediation shall be shared equally between the parties.
If a dispute is not resolved through informal resolution or mediation within 60 days of the initiation of such process, either party may pursue its legal rights and remedies in the courts of England and Wales as provided in Section 16.
Nothing in this Section shall prevent either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
These Terms, together with any applicable Order Form, DPA, and any documents expressly incorporated by reference, constitute the entire agreement between you and Madewithinter with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not constitute a waiver of any subsequent breach.
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, or failure of third-party infrastructure providers.
All legal notices to Madewithinter must be sent to legal@madewithinter.com or by post to our registered address. We will send notices to the email address associated with your account.
These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing in these Terms creates any rights in any third party.
We may revise these Terms from time to time. For material changes — including changes to pricing, limitations of liability, or core service obligations — we will provide at least 30 days written notice prior to the effective date of the change, via email to your registered account address or through a prominent notice on our website.
For non-material changes (such as corrections, clarifications, or updates to comply with legal requirements), we may update the Terms immediately by updating the "Last updated" date.
Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may terminate your subscription in accordance with Section 15.2.
If you have questions, concerns, or requests relating to these Terms, please contact us:
Madewithinter Ltd — LegalFor billing enquiries, please include your account email address and invoice number in your correspondence. For data protection queries, please refer to our Privacy Policy for the appropriate contact channels.