CommerceAI Terms of Use

Last updated: Oct 15, 2026

1. Introduction

1.1 The Parties and the Terms. These Terms of Use ("Terms") are a binding agreement between Marvelous Technology, Inc., a Delaware corporation ("CommerceAI", "we", "us"), and the business or other legal entity that accepts them ("Customer", "you"). The Terms govern your access to and use of our website, the CommerceAI API, the CommerceAI MCP server, the developer console and documentation, and related services and tools we provide (together, the "Services"). By creating an account, using our website, obtaining an API key, accessing the MCP server, or otherwise using the Services, you agree to these Terms and to our Privacy Policy.

1.2 Users of the Services. The Services are primarily intended for businesses that build or operate AI agents, assistants, and similar applications ("Agent Applications") for their own users ("End Users").

1.3 The Services. Among other things, the Services give your Agent Application programmatic access to a catalog of product information, including product listings, attributes, descriptions, images, pricing, availability, and merchant identifiers ("Catalog Data"), and to responses generated from Catalog Data such as search results, product comparisons, answers to product questions, and price comparisons ("Output"). We do not guarantee the accuracy, completeness, or currentness of any Catalog Data or Output, and Catalog Data and Output are provided purely on an ‘as is’ basis, as discussed in greater length below. Some Output may be produced or modified using artificial-intelligence models and may contain errors.

1.4 Changes to These Terms. We are continuously working to develop and improve our Services, and we may update these Terms from time to time. Any such updates to these Terms (“Term Updates”) will be communicated to you by uploading the updated Terms (as indicated by a revised “Last Modified” date at the top of this page) on our website (“CommerceAI Website”). If any Term Updates would result in changes in the amounts we charge, or adversely impact you, where reasonably possible, we will also provide you at least 30 days’ advance notice of such changes, either via email or an in-product notification or by updating these Terms. All changes are effective immediately upon upload to the CommerceAI Website and apply to all access and use of the Services thereafter. Your continued use of the Services after any such Term Updates are effective will be deemed acceptance of such updated Terms; if you do not agree to the new Terms, you should stop using the Services.

2. Accounts and Access

2.1 Eligibility. You must be at least 18 years old and not barred from receiving the Services under any applicable law or Trade Laws (as defined below). If you accept on behalf of an entity, you represent that you have authority to bind it.

2.2 Account Information. To use the Services, you must create a CommerceAI account (“Account”). You must provide accurate and complete registration information, and you agree to keep your Account information accurate and current. We may rely on the contact details in your account for notices.

2.3 API Keys and Credentials. Login credentials, passkeys, tokens, API keys, payment information, and other credentials you use in connection with your Account (“Credentials”) are confidential and should not be shared with others. You are responsible for all activity under your Credentials, whether or not authorized by you. You must not embed keys or Credentials in client-side code, share them with third parties, or allow anyone other than your personnel and contractors working on your behalf to use them. Notify us promptly if you believe your keys or Credentials have been compromised, and change them.

3. License and Acceptable Use

3.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable (except as stated in Section 3.2), revocable license during the Term to (a) access the Services, and (b) use Catalog Data and/or Output within your Agent Application to respond to End User shopping intent.

3.2 Display to End Users. You may display Output to End Users through your Agent Application in real time, and may permit End Users to view, save, and act on that Output for their own personal use. You may not grant End Users or any other party any broader right to any Catalog Data and/or Output.

3.3 Restrictions. You must not, and must not permit any third party to: (a) resell, sublicense, syndicate, or redistribute any Catalog Data and/or Output or access to the Services other than as expressly permitted in Sections 3.1 and 3.2; (b) scrape, crawl, bulk-download or cache, or systematically extract Catalog Data, or use the Services to replicate or build a product catalog, price-tracking service, data feed, or similar product; (c) use any Catalog Data and/or Output to train, fine-tune, evaluate, or improve any machine-learning or AI model, other than transient in-context use to generate responses for End Users; (d) remove, obscure, or alter any product identifiers, merchant identifiers, attribution, or notices that we include in Output; (e) reverse engineer, decompile, or otherwise attempt to derive the source code, ranking logic, models, or non-public data structures of the Services; (f) circumvent or attempt to circumvent rate limits, quotas, authentication, or other access controls, including by using multiple accounts, API keys, or other means; (g) use the Services in a way that violates applicable law, including consumer-protection, advertising, privacy, and intellectual-property law; (h) use the Services to send unsolicited communications, or to build an Agent Application that is deceptive, harmful, or that misrepresents the nature or source of Output; or (i) interfere with or disrupt the Services or the servers or networks that support them.

3.4 Your Agent Application. You are solely responsible for your Agent Application, including its design, the AI models it uses, how it interprets and presents Output, and its compliance with law. In particular, you must (a) not present prices, availability, or product details to End Users as guaranteed or as your own verified information; (b) make clear to End Users, where reasonably practicable, that product information and prices are supplied by third parties, may change, and should be confirmed with the merchant before purchase; (c) not describe Output as an endorsement, review, or recommendation by CommerceAI; and (d) comply with applicable disclosure requirements, including FTC guidance on endorsements and advertising, for any commercial relationships you have with merchants or products surfaced in your Agent Application.

3.5 Third-Party Data Terms. Catalog Data is licensed to us by third-parties, whose terms may require that we impose certain restrictions on you and your End Users. We may update or add restrictions where required.

4. Catalog Data and Output

4.1 We Are Not a Merchant. CommerceAI compiles product information from third-party sources. We do not sell products, are not a party to any transaction between an End User and a merchant, and do not set, control, or guarantee any merchant's prices, inventory, shipping, returns, or customer service.

4.2 Accuracy. Catalog Data and Output provided by CommerceAI reflects information as last received from our sources and may be incomplete, out of date, or incorrect. Prices, availability, promotions, and product details may change frequently and without notice. We do not verify product claims made by merchants or manufacturers.

4.3 AI-Generated Output. You acknowledge that product answers, comparisons, summaries, and any other Output may be generated by AI models from Catalog Data and accordingly may not be accurate, correct, current or complete information, and may be misleading or reflect limitations in the underlying Catalog Data. Output is informational only and is not professional, safety, medical, financial, or legal advice.

5. Usage Data

5.1 Customer Input and Output. "Customer Input" means the queries, parameters, context, and other data your Agent Application sends to the Services. Do not send more information than is necessary for the request. As between you and us, you own Customer Input. You grant us a non-exclusive, worldwide, royalty-free license to use Customer Input to provide, secure, support, and bill for the Services, and to comply with law. We may use de-identified Customer Input and Output to improve the Services— for example, to understand query patterns, improve catalog coverage, ranking, and relevance — in a way that does not identify you or any End User. We may use Customer Input and Output, excluding personal information, together with Usage Data, to train, develop, and improve the Services and the search, ranking, and AI models that power them. We will not disclose Customer Input or Output to third parties except as needed to provide the Services, or in aggregated, de-identified or anonymized form that does not identify you or any End User.

5.2 Usage Data. We collect data about how the Services are accessed and used, including request metadata, outcomes, credits consumed, error rates, and performance metrics ("Usage Data"). We use Usage Data to operate, secure, bill for, and improve the Services, and may retain it for as long as we have a legitimate business need.

6. Credits, Fees, and Payment

6.1 Credits. Use of the Services is metered in credits ("Credits"), which are digital units provided solely to facilitate access to the Services. The billing rate, availability and price of credits may depend on the type of request. Please refer to the developer console and documentation for further information. Credits do not represent deposits or funds held for the benefit of any user, and they are not legal tender, stored value, deposits, securities, virtual currency, or any other monetary or financial instrument. Credits are specific to your Account, non-transferable, non-assignable, not for resale, and may not be shared with, sold to, or exchanged with any other person except where we expressly authorise otherwise in writing.

6.3 Purchasing Credits. You may buy Credits at the prices shown at the time of purchase. Purchased Credits are added to your balance only after the payment is verified by our payment processor (currently Stripe). Prices are stated in U.S. dollars and exclude taxes; you are responsible for any sales, use, or similar taxes other than taxes on our net income. We may change Credit prices with prior notice; a price change does not affect Credits already purchased. Credits are charged to the nearest one-hundredth of a U.S. dollar ($0.01) or equivalent local currency. In the event that a transaction results in a fractional cent, the Company reserves the right to round the final amount up or down to the nearest whole cent using standard mathematical rounding practices.

6.5 Free Credits. We may grant certain Credits without charge (for example, welcome credits, promotional credits, adjustments for service issues, or monthly free usage). Free Credits may carry conditions stated at the time of grant, have no cash value, and may expire or be revoked.

6.6 Expiration and Refunds. Credits expire one year after purchase. Credits are not transferable between accounts and have no cash value except as stated here. Purchased Credits are non-refundable, except as required by law, including in the event that we discontinue the Services or terminate your account other than for your breach. Free Credits are never refundable.

6.7 Insufficient Balance. If your balance is insufficient, requests will be declined and not charged until you add Credits. We may offer optional auto-replenishment; if you enable it, you authorize us to charge your payment method in the amounts and at the thresholds you select.

7. Intellectual Property

7.1 Our Rights. The Services, Catalog Data, Output, and all related software, models, data structures, and trademarks are owned by CommerceAI or its licensors and are protected by intellectual-property law. Except for the license in Section 3, no rights are granted to you, by implication or otherwise.

7.2 Your Rights. You own your Agent Application and Customer Input. Nothing in these Terms transfers ownership of your intellectual property to us.

7.3 Feedback. If you send us suggestions or feedback about the Services, we may use it without restriction or compensation.

7.4 Publicity. Neither party will use the other's name or logo publicly without prior written consent, except that we may list you as a customer in a non-prominent way if you agree in the developer console or by email.

8. Confidentiality

In connection with your use of the Services, you may receive information such as pricing, roadmaps, API keys, transaction data, and integration details (“Confidential Information”). You agree that you will use Confidential Information solely for your authorized use of the Services and will not disclose it to any third party without prior written consent.

9. Suspension, and Termination

9.1 Termination by You. You may terminate at any time by notifying support@commerceai.ai.

9.2 Suspension and Termination by Us. We may suspend your access immediately, in whole or in part, if we reasonably believe that (a) your use threatens the security, integrity, or availability of the Services or of a data provider's systems; (b) you are in breach of these Terms, including Section 3 or Section 6; or (c) suspension is required by law or by a data provider. We will notify you of a suspension and restore access when the issue is resolved. We may terminate these Terms (i) on notice if you materially breach them and do not cure within 15 days of notice, or immediately for a breach of Section 3 or 8 that is not capable of cure; or (ii) for any reason on 30 days' notice.

9.3 Effect of Termination. On termination, your license ends, you must stop using the Services, and you must delete all cached Catalog Data and Output within 7 days (other than Output already delivered to End Users and retained by them). Sections 4, 5, 6.3, 6.6, 7, 8, 9.4, 10, 11, 12, 13, and 14 survive termination.

10. Disclaimers

THE SERVICES, CATALOG DATA, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, COMMERCEAI AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT COMMERCEAI DATA IS ACCURATE, COMPLETE, OR CURRENT; THAT ANY PRODUCT IS AVAILABLE AT ANY PRICE SHOWN; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT AI-GENERATED OUTPUT WILL BE RELIABLE. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOUR AGENT APPLICATION AND FOR HOW OUTPUT IS PRESENTED TO END USERS.

11. Limitation of Liability

11.1 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, COMMERCEAI'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) US$100.

11.3 Exceptions. The limits in this Section 11 do not apply to a party's indemnification obligations under Section 12, to your breach of Section 3 (License and Acceptable Use) or Section 8 (Confidentiality), to your payment obligations, or to liability that cannot be limited by law.

12. Indemnification

12.1 By You. You will defend, indemnify, and hold harmless CommerceAI and its affiliates, officers, directors, employees, and licensors from and against any third-party claim, and the resulting damages, costs, and reasonable attorneys' fees, arising out of or relating to (a) your Agent Application, including how it presents Output to End Users; (b) Customer Input; (c) any claim by an End User relating to your Agent Application or a purchase made through it; (d) your failure to provide notices to or obtain consents from End Users; or (e) your breach of these Terms or of applicable law.

12.2 By Us. We will defend you against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe a U.S. patent, copyright, or trademark, or misappropriate a trade secret. This obligation does not cover claims arising from Customer Input, your Agent Application, combinations with products or data not supplied by us, or unauthorized use of the Services.

13. Dispute Resolution; Arbitration Agreement

13.1 Binding Arbitration You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (each, a “Dispute”) will be resolved solely by binding arbitration.

13.2 Notice Prior to asserting a claim in arbitration, the party asserting the claim shall give the other party written notice of the claim (a “Notice”). Any Notice must explain the nature of the claim and the relief demanded. After receipt of a Notice, the Parties shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which the parties may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither Party may initiate an arbitration or other legal proceeding against the other party, except as otherwise provided in this Agreement. If the claim is not resolved during the Informal Dispute Resolution Period, a Party may initiate an individual arbitration as provided in this Agreement, or another legal proceeding, if excepted from this Agreement.

13.3 Arbitration Procedure Any arbitration must be initiated with and conducted by the American Arbitration Association (“AAA”) pursuant to its then-current Rules of Arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in San Francisco, California. The arbitration will be conducted in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. If the arbitrator finds that either the substance of a claim or the relief sought in a demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorney’s fees or other remedies as appropriate.

13.4 Class Action Waiver. EACH PARTY MAY BRING CLAIMS ONLY IN ITS OWN CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one user. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be litigated in court.

14. General

14.1 Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and, where applicable, U.S. federal law.

14.2 Notices. We may give notice to you by email to your account address or through the developer console. You may give notice to us at [legal@commerceai.com] or at [postal address]. Notice is effective when sent, if sent during business hours on a business day, and otherwise on the next business day.

14.3 Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger or sale of substantially all of your assets that is not a competitor of ours, on notice to us. We may assign these Terms to an affiliate or successor. Any other attempted assignment is void.

14.4 Export Controls and Sanctions. You agree to comply with all applicable trade laws, including sanctions and export control laws ("Trade Laws"), including without limitation those of the United States, the United Kingdom, the European Union, and the United Nations. The Services may not be used in or for the benefit of, or exported or re-exported to (a) any country or territory that is the target of comprehensive sanctions under applicable Trade Laws or otherwise subject to a trade embargo or equivalent restriction under any applicable Trade Laws or (b) any individual or entity with whom dealings are prohibited or restricted under applicable Trade Laws, including any person listed on the U.S. Treasury Department's Specially Designated Nationals list, the U.S. Commerce Department's Entity List, the UK's Consolidated List of Financial Sanctions Targets, or any equivalent restricted party list maintained under applicable Trade Laws. The Services may not be used for any end use prohibited by applicable Trade Laws, and your Input may not include materials or information that requires a government license for release or export under any applicable Trade Laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any sanctioned country or territory, and that you are not a restricted or sanctioned person under any applicable Trade Laws. You agree to notify us promptly if this representation ceases to be accurate.

14.5 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including outages of third-party data providers, cloud infrastructure, or networks.

14.6 Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, and any other policies available on the CommerceAI website are the entire agreement between the parties regarding the Services and supersede all prior agreements and communications on that subject.

14.7 Other Terms. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest of these Terms remain in effect. A party's failure to enforce a provision is not a waiver. The parties are independent contractors. There are no third-party beneficiaries of these Terms; in particular, End Users have no rights under them. Headings are for convenience only. "Including" means "including without limitation."