Terms of Service

Last updated: February 11, 2026

These Terms of Service ("Terms") govern your access to and use of the Wisell.ai platform, including the website at https://wisell.ai, the Wisell dashboard, the Wisell chat widget, and related integrations (collectively, the "Service"), operated by Wisell Technologies ("Wisell", "we", "us", or "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

"Merchant" means a business or individual who creates a Wisell account to integrate the AI sales assistant into their e-commerce store.
"End User" means a consumer who interacts with a Wisell-powered assistant on a Merchant's store.
"Assistant" means the AI-powered conversational sales agent provided by Wisell.
"Dashboard" means the Wisell web application where Merchants manage their account, configure their Assistant, and view analytics.
"Widget" means the chat interface embedded on a Merchant's store.
"Plan" means the subscription tier selected by the Merchant (Starter, Professional, or Enterprise).

2. Eligibility

To use the Service as a Merchant, you must:

Be at least 18 years of age (or the age of legal majority in your jurisdiction).
Have the legal authority to bind the entity you represent.
Operate a legitimate e-commerce business.
Provide accurate and complete registration information.

We reserve the right to refuse service to anyone for any reason at any time.

3. Account Registration

3.1 Account Creation

You must create an account to access the Service. You agree to provide truthful, accurate, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@wisell.ai if you become aware of any unauthorized use of your account.

3.3 Account Responsibility

You are responsible for all activity that occurs under your account, whether or not authorized by you.

4. The Service

4.1 What We Provide

Wisell provides an AI-powered sales assistant that:

Engages visitors on your store through natural language conversations.
Recommends products based on customer needs and preferences.
Guides customers through the checkout process.
Handles common customer inquiries about products, shipping, and returns.
Escalates conversations to human agents when appropriate.
Provides analytics on conversation performance and sales metrics.

4.2 AI Limitations

The Assistant is powered by artificial intelligence and, while designed to be helpful and accurate, it may occasionally:

Provide inaccurate or incomplete product information.
Misunderstand customer intent or context.
Generate responses that do not perfectly align with your brand voice.
Experience downtime or degraded performance due to third-party AI provider issues.

You acknowledge that the Assistant is an AI tool, not a human agent, and that AI-generated responses may contain errors. You are responsible for configuring the Assistant appropriately and monitoring its performance.

4.3 Service Availability

We aim to maintain high availability but do not guarantee uninterrupted service. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control (including third-party AI provider outages).

4.4 Modifications

We may modify, update, or discontinue features of the Service at any time. For material changes that negatively affect your use, we will provide at least 30 days' notice.

5. Subscriptions and Billing

5.1 Plans and Pricing

The Service is offered through subscription plans. Current pricing is available at https://wisell.ai/pricing and in the Shopify App Store listing. Prices are in USD unless otherwise stated.

5.2 Free Trial

New Merchants may receive a 14-day free trial. At the end of the trial, you must subscribe to a paid plan to continue using the Service. If you do not subscribe, your account will be deactivated.

5.3 Billing

Depending on your platform:

Shopify Merchants: Billing is processed through Shopify Billing API. Charges appear on your Shopify invoice. Subscription management is handled through the Shopify admin.
Other Merchants: Billing is processed through Stripe. You authorize us to charge your payment method on a recurring basis according to your selected plan.

5.4 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing cycle.

5.5 Cancellation

You may cancel your subscription at any time:

Shopify: Uninstall the app from your Shopify admin.
Other platforms: Cancel through the Dashboard or by contacting support@wisell.ai.

Upon cancellation, you retain access until the end of your current billing period. No refunds are provided for partial billing periods.

5.6 Price Changes

We may change subscription prices with at least 30 days' written notice. If you do not agree to a price change, you may cancel before the new price takes effect.

5.7 Overages

If your plan includes usage limits (e.g., assisted conversations per month), exceeding those limits may result in additional charges, temporary feature restrictions, or a recommendation to upgrade. We will notify you before applying any overage charges.

6. Merchant Obligations

6.1 Lawful Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including consumer protection, data privacy (GDPR, LGPD, CCPA), and e-commerce regulations.

6.2 Accurate Store Information

You are responsible for ensuring that your product catalog, pricing, shipping policies, return policies, and other store information provided to or accessed by the Assistant is accurate and up to date. Wisell is not liable for Assistant responses based on inaccurate Merchant data.

6.3 Customer Communication

You are responsible for:

Informing your customers that they may be interacting with an AI assistant.
Providing clear escalation paths to human support.
Handling customer complaints and disputes related to purchases made through the Assistant.
Complying with consumer protection laws regarding AI-assisted sales.

6.4 Prohibited Uses

You may not use the Service to:

Sell illegal products or services.
Engage in deceptive or fraudulent practices.
Collect personal data beyond what is necessary for the transaction.
Send spam, unsolicited messages, or harass End Users.
Attempt to reverse-engineer, decompile, or extract the AI models or algorithms.
Use the Service in any manner that could damage, disable, or impair it.
Resell, sublicense, or redistribute the Service without written authorization.
Violate any applicable laws, regulations, or third-party rights.

6.5 Content Responsibility

You are solely responsible for the content, products, and services you sell through your store. Wisell does not endorse, verify, or guarantee any Merchant's products or services.

7. Intellectual Property

7.1 Wisell's Intellectual Property

The Service, including its software, AI models, algorithms, design, trademarks, and documentation, is owned by Wisell and protected by intellectual property laws. These Terms do not grant you any ownership rights to the Service.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

7.3 Merchant Content

You retain ownership of your store data, product information, and branding materials. You grant Wisell a limited license to use this content solely to provide the Service (e.g., to enable the Assistant to recommend your products).

7.4 Conversation Data

Conversation data generated through the Service is jointly used: Merchants may access and use conversation data from their store for their business purposes, and Wisell may use anonymized, aggregated conversation data to improve the Service.

7.5 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant Wisell the right to use such feedback without restriction or compensation.

8. Data Protection

8.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy at https://wisell.ai/privacy, which is incorporated into these Terms by reference.

8.2 Data Processing

For the purposes of data protection laws:

Merchant as Controller: The Merchant is the data controller for End User data collected through their store.
Wisell as Processor: Wisell processes End User data on behalf of the Merchant as a data processor.
Wisell as Controller: Wisell is the data controller for Merchant account data.

8.3 Data Processing Agreement

Where required by applicable law (e.g., GDPR Article 28), a Data Processing Agreement ("DPA") is available upon request at dpo@wisell.ai. The DPA forms part of these Terms.

8.4 Shopify Data

If you connect via Shopify, our access to and use of Shopify store data is also governed by the Shopify API License and Terms of Use.

9. Third-Party Services

9.1 Integrations

The Service integrates with third-party platforms including Shopify, WooCommerce, Nuvemshop, Stripe, Meta (WhatsApp), and AI model providers. Your use of these platforms is governed by their respective terms and policies.

9.2 AI Providers

The Assistant is powered by third-party AI models (DeepSeek, Google Gemini, OpenAI). While we implement safety measures and content filtering, we cannot guarantee that AI responses will always be accurate, appropriate, or free from bias.

9.3 No Endorsement

Wisell's integration with third-party services does not constitute an endorsement of those services. We are not responsible for the availability, accuracy, or practices of third-party services.

10. Disclaimers

10.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Sales Guarantees

WISELL DOES NOT GUARANTEE ANY SPECIFIC SALES RESULTS, CONVERSION RATES, OR REVENUE INCREASES FROM USING THE SERVICE. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

10.3 AI Disclaimer

WISELL DOES NOT WARRANT THAT AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR FREE FROM ERRORS. THE MERCHANT IS RESPONSIBLE FOR MONITORING AND CONFIGURING THE ASSISTANT.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

11.2 Liability Cap

WISELL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WISELL IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Exceptions

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wisell and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service.
Your violation of these Terms.
Your violation of any applicable law or third-party rights.
Products or services you sell through your store.
Inaccurate information you provide to or through the Service.

13. Termination

13.1 By You

You may terminate your account at any time by canceling your subscription and contacting support@wisell.ai.

13.2 By Us

We may suspend or terminate your account if:

You breach these Terms.
You engage in prohibited uses (Section 6.4).
Your payment fails and is not resolved within 14 days.
We are required to do so by law.
We discontinue the Service (with at least 90 days' notice).

13.3 Effect of Termination

Upon termination:

Your access to the Service will cease.
The Assistant will stop operating on your store.
You may request a copy of your data within 30 days.
After 30 days, your data will be deleted per our retention policy.
Sections 7, 10, 11, 12, and 14-16 survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with:

For Brazilian Merchants: The laws of the Federative Republic of Brazil.
For European Merchants: The laws of Spain.
For all other Merchants: The laws of Spain.

14.2 Dispute Resolution

The parties agree to first attempt to resolve any dispute through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved, it shall be submitted to:

Brazilian Merchants: The courts of São Paulo, Brazil.
European and other Merchants: The courts of Madrid, Spain.

14.3 Consumer Rights

Nothing in these Terms affects the statutory rights of consumers under applicable consumer protection laws. If you are a consumer in the European Union, you may be entitled to use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and Wisell regarding the Service.

15.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Notices

Notices to Merchants will be sent to the email address associated with your account. Notices to Wisell should be sent to legal@wisell.ai.

15.6 Force Majeure

Wisell shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or third-party service outages.

16. Contact Us

For questions about these Terms:

Email: legal@wisell.ai
General Support: support@wisell.ai

*These Terms of Service are provided in English and Portuguese (Brazil). In case of conflict between versions, the English version shall prevail for international matters, and the Portuguese version shall prevail for matters governed by Brazilian law.*