Terms of Service

1. Who we are and your agreement

These Terms of Service (“Terms”) are a contract between you and Palm Tree AI LLC, a Florida limited liability company (“Palm Tree AI,” “we,” “us,” or “our”). They govern The Surf Shop at thesurfshop.ai and related services (the “Service”).

By creating an account, using the Service, or starting a paid subscription, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. If you use the Service for an organization, you represent that you may bind that organization.

2. What the Service does

The Surf Shop is an agentic, AI-assisted product discovery service for surf apparel and gear. It can interpret a shopping request, retrieve product information, generate recommendations, remember preferences you choose to save, build shopping lists or carts, and help you reach a merchant’s checkout.

AI output is probabilistic. Recommendations, explanations, sizes, product attributes, and conversational responses can be incomplete or wrong. Live merchant information controls; confirm price, availability, fit, materials, shipping, and all purchase details at checkout.

3. Brands, Shopify, UCP, and checkout

We use merchant storefronts and commerce interfaces, including Shopify’s Universal Commerce Protocol (“UCP”) services, to retrieve product information and create or prefill merchant checkout sessions. We identify our agent when the protocol requires it, respect access and rate limits, and use merchant data only to provide and secure the Service.

The merchant always remains the seller and merchant of record for products. Palm Tree AI does not sell, fulfill, ship, warrant, return, or refund the brands’ products, and does not replace Shopify Checkout or a merchant’s checkout. Your product purchase is between you and that merchant under its prices, terms, privacy policy, shipping policy, and return policy. We may receive referral or attribution credit when you visit or buy from a merchant.

Who you are buying from

When you buy through the Service, you are buying from the brand named at checkout, not from Palm Tree AI. Shopify processes your payment, and the brand is the seller and merchant of record. The brand ships your order and handles delivery questions, returns, exchanges, refunds and product support under its own policies. We show each brand’s website in the app and on our Help page. If you cannot reach a brand, email hello@thesurfshop.ai and we will help you find the right contact, but we cannot ship, refund, replace or accept returns of a brand’s products on its behalf.

Shopify and the featured brands are independent third parties. References to them do not imply sponsorship, endorsement, partnership, or authorization unless we say so expressly. Product names, images, descriptions, trademarks, and other merchant content belong to their respective owners. We claim no ownership in them.

We may use commercial AI services at inference time to organize catalog content, create descriptive shopping metadata, and generate recommendations solely to provide the Service. We do not use Shopify or merchant data to train or fine-tune a general-purpose AI model, and we require service providers handling that data not to use our API inputs to train their models. A merchant or rights holder may contact us about attribution, correction, or removal.

4. Eligibility and accounts

You must be at least 13 to use the Service. If local law requires a higher age for consent to online services, you must meet that age or use the Service with a parent or guardian’s permission. You must be at least 18 (or the age of majority where you live) to purchase Pro or products, unless a parent or guardian does so for you.

Give us accurate information, keep credentials secure, and promptly report unauthorized access. You are responsible for activity under your account. You may not impersonate another person, create accounts by automated means, or transfer an account without our approval.

5. Pro subscriptions, renewals, and cancellation

• Monthly Pro: $9.99 per month after a 7-day free trial.
• Annual Pro: $99.99 per year, charged when you subscribe; no free trial.

Automatic renewal. Unless you cancel, Monthly Pro automatically charges $9.99 when its free trial ends and every month after that; Annual Pro automatically charges $99.99 when you subscribe and every year after that. Taxes may be added. Before you subscribe, we show the price, billing frequency, trial terms, renewal, cancellation method, and links to these Terms and the Privacy Policy, and require your affirmative acceptance.

You can cancel at any time through the billing portal in Account settings. Cancellation takes effect at the end of the current paid period; trial cancellation prevents the first charge. Except where law requires otherwise, charges already made are non-refundable and we do not provide prorated refunds. This does not limit rights you cannot waive under applicable law.

We may change future prices or plan features with advance notice required by law. A price change will not take effect before the next renewal date stated in that notice. If you do not agree, cancel before renewal. Stripe processes Pro payments; we do not receive full card numbers.

6. Your content and feedback

You retain rights in messages, preferences, and other content you submit. You give us a limited, worldwide, non-exclusive license to host, process, reproduce, and transmit that content only as needed to operate, personalize, secure, and support the Service and comply with law. Our Privacy Policy explains these data flows. You represent that you have the rights needed to submit your content.

If you voluntarily send ideas or feedback, we may use them without restriction or compensation, but we will not publicly identify you without permission.

7. Acceptable use

You may not:

• use the Service unlawfully, fraudulently, deceptively, or to harm another person;
• submit malware or content that infringes, violates privacy, or is otherwise unlawful;
• probe, bypass, disrupt, overload, or gain unauthorized access to systems or safeguards;
• scrape, harvest, or systematically extract Service or merchant data;
• use automated access except through an interface we expressly authorize; or
• reverse engineer the Service except to the limited extent law does not permit this restriction.

8. Our intellectual property

The Service, software, design, copy, and original characters—including Duke and Lani—are owned by Palm Tree AI or its licensors and protected by law. Subject to these Terms, we give you a personal, limited, revocable, non-transferable license to use the Service for lawful personal use. No other rights are granted.

9. Third-party services

The Service relies on and links to third-party services, including merchants, Shopify, payment, authentication, hosting, analytics, email, and AI providers. Their own terms and privacy practices apply to their services. We are not responsible for third-party sites, products, content, or acts, but this does not excuse us from responsibilities imposed on us by law.

10. Suspension, termination, and Service changes

You may stop using the Service and request account deletion at any time. We may suspend or terminate access when reasonably necessary to protect users, merchants, the Service, or legal compliance; for a material breach; or if we discontinue the Service. Where practical, we will give notice and an opportunity to correct a breach. Pro cancellation and refund rights remain as described above.

The Service may change, experience downtime, or be discontinued. Beta or experimental features may be less reliable and may be changed or removed.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Palm Tree AI disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted operation or the accuracy, availability, safety, quality, legality, or suitability of AI output, merchant content, recommendations, or third-party products.

Some jurisdictions do not allow certain disclaimers, so some of this section may not apply to you. Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

12. Limitation of liability

To the fullest extent permitted by law, Palm Tree AI and its members, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, data, goodwill, or opportunities, arising from the Service or a merchant purchase. Our total liability for all Service-related claims will not exceed the greater of the amount you paid Palm Tree AI in the 12 months before the event giving rise to the claim or US$100.

These limits do not apply where prohibited, including liability that cannot be limited for fraud, willful misconduct, gross negligence, or personal injury under applicable law.

13. Governing law and disputes

Florida law governs these Terms without regard to conflict-of-law principles. Any dispute not resolved informally may be brought in the state or federal courts located in Sarasota County, Florida, and both sides consent to their jurisdiction. You and Palm Tree AI may also bring an eligible claim in small claims court. This section does not deprive you of mandatory protections or courts available under the law where you live.

Before filing a claim, please email hello@thesurfshop.ai with a short description so we can try in good faith to resolve it. These Terms do not require arbitration and do not waive class-action rights.

14. Changes to these Terms

We may update these Terms. We will post the new effective date and give additional notice when a change is material or law requires it. Changes do not retroactively alter an existing dispute. If a material change requires renewed consent, we will ask for it. Otherwise, continued use after the effective date means you accept the updated Terms.

15. General

If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, financing, reorganization, or sale of the Service, subject to applicable law. These Terms and the Privacy Policy are the entire agreement about the Service.

16. Contact