Tinker Terms of Service

1.1. Tinker helps make it easier for you to try the latest AI tools and create and manage your own artifacts in one place. The Tinker Terms of Service ("Terms") apply when you access, use, or interact with Tinker, including our mobile apps, website, or other products, features, tools, and services that we provide to you (the "Tinker Services").

1.2. These Terms form an agreement between the applicable Shopify Contracting Party as defined in Section 10 below ("Shopify," "we," "our," or "us") and you ("you" or "your") and represent the terms and conditions of your access to and use of the Tinker Services.

1.3. By accessing or using any of the Tinker Services, you agree to be bound by these Terms.

1.4. Our Privacy Policy describes how we collect and use your personal data to provide the Tinker Services, and is part of these Terms and your agreement with Shopify.

2.1. We provide the Tinker Services to further our mission of helping people play with and explore the latest AI tools. Shopify is continuously working to build and improve your experience with Tinker and to develop and add new and improved features for you based on how you use the Tinker Services.

2.2. The Tinker Services may include third party software, products, or services ("Third Party Services") or output from those services ("Third Party Output"). Third Party Services and Third Party Output may be subject to their own terms, and Shopify is not responsible for them and makes no representation about them.

3.1. To be eligible to use the Tinker Services, you must be at least thirteen years old or the minimum age required in your country of residence to consent to use the Tinker Services. If you are under eighteen years old, you must have your parent or legal guardian's permission to use the Tinker Services and ask them to read these Terms with you. If you are a parent or guardian who allows your child under eighteen years old to use the Tinker Services, you provide all consents necessary for your child's use of the Tinker Services and agree to be legally responsible for all activity of your child on the Tinker Services.

3.2. You agree to provide truthful and accurate information about yourself when registering for and using the Tinker Services, including your name, contact, and billing information, and you agree to keep this information updated and current.

3.3. You agree to not share your Tinker account with others, give access to your Tinker account to others, or transfer your Tinker account to anyone else without our permission. You are solely responsible for the unauthorized use of your Tinker account. In the event of unauthorized access to your Tinker account, you must promptly notify Shopify.

4.1. Shopify grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Tinker Services consistent with these Terms. You may not use the Tinker Services for any other purpose than as authorized. Shopify reserves all rights not expressly granted.

4.2. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input, as defined below, to the Tinker Services. You grant Shopify a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, transferable in connection with a merger, acquisition, or sale of substantially all assets, and fully sublicensable right to host, expose, run, use, store, reproduce, modify, adapt, publish, publicly perform and communicate (including by telecommunication), broadcast, make available, translate, copy, create derivative works from, distribute, and display your Content, as defined below, in any media, to provide, maintain, develop, and improve the Tinker Services, comply with applicable law, enforce these Terms, and keep the Tinker Services safe. You represent, warrant, and agree that you have all necessary rights in your Content to grant this license. You waive, in favor of Shopify, any moral rights you may have in your Content. This means, for example, your Content may appear publicly on the Tinker Services.

4.3. In connection with using or accessing the Tinker Services or interacting with Shopify, you agree to comply with these Terms, and to comply with all applicable laws, regulations and rules that apply to your use of the Tinker Services.

4.4. In addition, you agree not to do (or help others to do) any of the following in connection with your use of the Tinker Services:

4.4.1. You will not create or attempt to create content that is unlawful in your country of residence using the Tinker Services or otherwise use the Tinker Services in a way that breaches or circumvents any applicable laws or regulations.

4.4.2. You will not infringe or violate someone else's rights under any applicable laws and regulations, including their intellectual property rights, or interfere with any person's or third party's use or enjoyment of the Tinker Services.

4.4.3. You will not submit false, inaccurate, deceptive, or misleading information to Shopify or in connection with your use of the Tinker Services.

4.4.4. You will not upload or transmit viruses or malicious code or take any action that would interfere with, disable, overburden, or impair the proper working, security, integrity, operation, appearance, or enjoyment of the Tinker Services, including by other users.

4.4.5. You will not compromise, interfere with, disrupt, or circumvent the Tinker Services, including any rate limits or restrictions, security or access authorization features, or any protective measures or safety mitigations that are part of the Tinker Services.

4.4.6. You will not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any aspect of the Tinker Services, including its source code or underlying components.

4.4.7. You will not remove, obscure, modify, or tamper with any watermarks, metadata, digital signatures, or other data intended to identify the AI-generated nature of Third Party Outputs or Outputs.

4.4.8. You will not use any robot, spider, scraper, data gathering or extraction tools, automatic devices or processes, third-party AI tools or other automated or manual means to access, interact with, copy, or extract the Tinker Services for any purpose, except with Shopify's prior express written permission.

4.4.9. You will not bypass any robot exclusion headers or other measures we employ to monitor or restrict access to the Tinker Services.

5.1. You may provide inputs to the Tinker Services ("Input") and receive outputs from the Tinker Services based on the Input ("Output"). Input and Output, including, but not limited to, any text, image, video, audio, or data, are collectively referred to as "Content." You are solely responsible for any Content associated with your account. All Content must comply with these Terms and all applicable laws and regulations.

5.2. The following Content is prohibited:

5.2.1. Content that exploits or abuses children (including any sexualized depiction of minors), promotes or glorifies violence, terrorism, or self-harm, contains graphic violence or animal cruelty, or targets individuals or groups with hate, harassment, bullying, or threats based on protected characteristics.

5.2.2. Content that is fraudulent, deliberately misleading, impersonates or falsely depicts another person, organization, or entity, particularly where such Content is misleading, defamatory, abusive, or reasonably likely to confuse others about its authenticity.

5.2.3. Content that infringes on the copyright, trademark, or likeness of another.

5.2.4. Content that is sexually explicit, or depicts pornographic acts, fetishes intended to be sexually gratifying, or non-consensual sexual or intimate images (including deepfakes).

5.2.5. Content that promotes or facilitates illegal acts, or the sale or use of regulated, restricted, or illicit goods and services (such as weapons, drugs, or other age-restricted or highly regulated products) or otherwise violates applicable law.

5.2.6. Content that distributes malware or malicious code, attempts to compromise the security, integrity, or proper functioning of the Tinker Services or other systems, or circumvents technical or safety protections we or Third Party Services implement.

5.2.7. Content that violates the safety guidelines, acceptable use policies, or community standards of the Third Party Services that power the Tinker Services.

5.3. We can take action, including through the use of automated tools, against Content that violates these Terms or our policies or where we are permitted or required by law, such as by removing, restricting, or limiting access to, or distribution of, the Content, or by suspending or terminating the Tinker Services for the account associated with the Content.

5.4. Shopify respects the valid intellectual property rights of others. Content that constitutes an infringement of others' legal rights violates these Terms and such Content can be removed at our discretion. If you believe that any Content on the Tinker Services infringes your intellectual property rights, you can report it through the reporting mechanism available in the Tinker Services.

5.5. Due to the nature of the Tinker Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from the Tinker Services.

5.6. While Shopify reserves the right to remove Content at any time and for any reason, we do not generally review or verify Content for accuracy or endorse any opinions expressed therein and we are not responsible or liable to you or any third party for the substance or accuracy of any Content associated with you or any other user. You should not rely on Output from the Tinker Services as a sole source of truth or factual information, or as a substitute for professional advice. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Tinker Services.

5.7. You agree that you will have no right to any payment or revenue participation from Shopify in connection with Content that you create when using the Tinker Services.

6.1. Shopify owns all rights, title, and interest in and to the Tinker Services.

6.2. The Tinker Services have a range of features and functionalities. Not all features or functionalities will be available to all users at all times and Shopify is under no obligation to make any aspect of the Tinker Services available in any jurisdiction. Except where prohibited under applicable law, Shopify reserves the right to change, remove, modify, or discontinue the Tinker Services or any part thereof for any reason, without notice and at any time.

6.3. Shopify reserves the right to provide the Tinker Services to your competitors and makes no promise of exclusivity.

6.4. If you download or use the Tinker Services, you give Shopify permission to download and install updates to the software where available, including on services where software may update automatically on your device when a new version or feature becomes available. You may adjust your automatic update settings on some devices.

6.5. To provide you with the Tinker Services, Shopify may communicate with you via email, in-app notifications, messaging tools, or text/short message service such as SMS or MMS (collectively, "Communication Services") to the extent permitted by applicable law and/or consistent with your permissions. You are responsible for any charges you may incur for using or receiving the Communication Services.

7.1. For paid subscriptions for the Tinker Services, you agree to pay all applicable fees ("Fees").

7.2. All Fees are exclusive of applicable federal, provincial, state, local, or other government sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Tinker Services. To the extent that the Apple App Store or Google Play Store charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to them. Such amounts are in addition to the Fees and will be billed to any valid payment method that you authorize ("Authorized Payment Method"). If you are not charged Taxes by the Apple App Store or Google Play Store, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

7.3. For the avoidance of doubt, all sums payable by you to Shopify under these Terms will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes that may be remitted to the appropriate tax authorities on your behalf pursuant to Section 7.2 of this Agreement, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Shopify will be entitled to charge the full amount of Fees to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

7.4. We may change our Fees from time to time. We will provide you with advanced notice if we increase our Fees.

7.5. You can cancel your paid subscription at any time. Except as required by applicable law, Shopify does not provide refunds.

8.1. Shopify reserves the right to suspend, terminate, or delete your account and access to the Tinker Services, without notice and at any time, for any reason, including to investigate potential violations of these Terms or our policies, or due to extended account inactivity.

8.2. You are free to stop using the Tinker Services at any time. If you do not agree with these Terms or any subsequent updates to these Terms, you must discontinue your use of the Tinker Services by terminating your account.

9.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SHOPIFY, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, AND INDEPENDENT CONTRACTORS (THE "DISCLAIMING ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF OR WITH REGARD TO THE TINKER SERVICES, WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU HAVE PAID US FOR TINKER SERVICES IN THE PAST 12 MONTHS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE TINKER SERVICES AND AMOUNTS CHARGED BY THE DISCLAIMING ENTITIES FOR THE TINKER SERVICES AND THAT IF DISCLAIMING ENTITIES WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, THE FEES WOULD OF NECESSITY BE SUBSTANTIALLY INCREASED.

9.2. Indemnification: You agree to indemnify, defend, and hold harmless Shopify and the Disclaiming Entities from all claims, losses, damages, penalties, liability, and costs, including reasonable attorneys' fees, of any kind or nature related to a demand or claim due to or arising out of (a) an allegation that your use of the Tinker Services infringes or violates the rights of a third party (including any other user) or violates applicable law; or (b) your breach of these Terms or any documents they incorporate by reference.

9.3. Use at Own Risk: Your use of the Tinker Services is at your sole risk. The Tinker Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

9.4. No Representation Regarding the Tinker Services: To the fullest extent permitted by law, Shopify and the Disclaiming Entities make no representation or warranty of any kind whatsoever for the Tinker Services, the Content, materials, information, and/or functions available through the Tinker Services, any Third Party Services or Third Party Output, or for any breach of security associated with the transmission of information (including sensitive information) through the Tinker Services.

9.5. Errors & Inaccuracies: Any reliance on the material, information, or Output made available to you through the Tinker Services is at your own risk. We do not warrant that the Tinker Services will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. We do not warrant that the Output obtained from use of the Tinker Services will be accurate or reliable. You agree not to rely on the Tinker Services for medical, legal, financial, or other professional advice.

10.1. The Shopify entity you contract with and that provides the Tinker Services to you together with its affiliates depends on where you live.

10.2. If you live in the United States or Canada, this Section 10.2 applies to you. "Shopify Contracting Party" means Shopify Inc., a Canadian corporation, with offices located at 151 O'Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

10.3. If you live in the Asia Pacific region (including Australia, New Zealand, Japan, Singapore), this Section 10.3. applies to you. "Shopify Contracting Party" means Shopify Commerce Singapore Pte. Ltd, a corporation formed under the laws of Singapore, with offices located at 77 Robinson Road, #13-00 Robinson 77, Singapore 068896. The parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and that accordingly any proceedings arising out of or in connection with these Terms will be brought in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

10.4. If you live in the EMEA region or other jurisdictions not listed in Sections 10.2 or 10.3 above, including Europe, the Middle East, Africa, South America, Caribbean, or Mexico, this Section 10.4 applies to you. "Shopify Contracting Party" means Shopify International Limited, a private company limited by shares, incorporated in Ireland under registration number 560279, with its registered offices located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH and its website is at https://shopify.com/. You irrevocably and unconditionally agree to submit to the jurisdiction of Irish courts, which have jurisdiction to settle any disputes which may arise out of or in connection with the validity, effect, interpretation or performance of these Terms and you similarly irrevocably and unconditionally waive any objection to any claim that any suit, action or proceeding has been brought by Shopify in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.

11.1. No Rights in Third Parties: Nothing expressed or referred to in these Terms will be construed to give any individual or entity other than the parties to these Terms any legal or equitable right, remedy or claim under or with respect to these Terms.

11.2. Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written approval and any such attempted assignment will be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent, including in connection with a merger, acquisition, or sale of assets by Shopify, by operation of law or otherwise. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

11.3. Severability: In the event that any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

11.4. No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

11.5. Entire Agreement: These Terms, the Privacy Policy, or any documents they incorporate by reference constitutes the entire agreement and understanding between you and us, and governs your use of the Tinker Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

11.6. Reservation of Rights: We reserve all rights not expressly granted to you.

11.7. Survival: Upon termination of your use of the Tinker Services or termination of these Terms for any reason, the following sections will survive termination: Sections 1 (Preamble), 4.2 (License, Prohibitions and Restrictions), 6 (Shopify Rights), 7 (Fees and Taxes), 9 (Limitation of Liability; Disclaimer of Warranties), 10 (Shopify Contracting Party), 11 (Additional Provisions), 12 (Feedback), and 13 (Updating these Terms).

Shopify welcomes any ideas and/or suggestions regarding improvements or additions to the Tinker Services. Under no circumstances will any disclosure of any idea, suggestion or related material, or any review of the Tinker Services (collectively, "Feedback") to Shopify be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Shopify (whether submitted directly to Shopify or posted on any Shopify-hosted forum or page), you waive any and all rights in the Feedback and agree that Shopify is free to implement and use the Feedback if desired as provided by you or as modified by Shopify, without obtaining permission or license from you or from any third party.

13.1. Shopify may need to update these Terms from time to time, and reserves the right to make such updates, so we encourage you to check them periodically for updates.

13.2. Shopify will provide you with reasonable advance notice of any changes that materially adversely affect your use of the Tinker Services or your rights under the Terms by sending an email, providing notice through the Tinker Services, or by similar means consistent with requirements under applicable law. However, if Shopify needs to make changes to the Terms (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict Content or activities that we deem unsafe, inappropriate, or offensive, Shopify may make those changes with immediate effect and without notice, even if those changes may materially affect your experience with the Tinker Services.

13.3. By continuing any access or use of the Tinker Services after notice of any update to these Terms or after we post such updated Terms, you agree to be bound by the Terms, as amended.

13.4. If you do not agree to the amended Terms, your sole and exclusive remedy is to discontinue your use of the Tinker Services by terminating your account.

13.5. Any new features, services, or tools that are added to the Tinker Services will also be subject to these Terms, unless indicated otherwise.