Terms of Service — Retail Savage Voice

Effective date: [INSERT DATE OF PUBLICATION] Last updated: 2026-04-30 (draft)

These Terms of Service (the "Terms") govern your access to and use of Retail Savage Voice, available at https://voice.retailsavage.com (the "Service"), provided by Retail Savage LLC ("Retail Savage," "we," "us," "our"). By using the Service, you agree to these Terms. If you don't agree, don't use the Service.

Legal review note: This is a draft prepared 2026-04-30. Before publication, have a qualified attorney review these Terms for enforceability and compliance with applicable consumer protection laws in your jurisdiction.

1. The Service

Retail Savage Voice is a brand voice synthesis and content generation tool built for independent garden centers using Klaviyo. The Service connects to your Klaviyo account via OAuth, analyzes your sent campaigns and account metadata along with your website and local demographic data, and produces a six-section brand voice profile. Once you lock that profile, the Service generates email, SMS, Facebook post, Instagram caption, and website popup copy from a single brief input — each output paired with a paste-ready guide for the relevant platform.

The Service is delivered via the website above and uses third-party services described in our Privacy Policy.

2. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have authority to bind the entity (if any) on whose behalf you use the Service
• Have an active Klaviyo account
• Not be prohibited from using the Service under applicable law

If you use the Service on behalf of an organization, you represent that you are authorized to do so, and "you" includes that organization.

3. Account and authentication

You access the Service by authenticating via your Klaviyo account using OAuth 2.0 with PKCE. You are responsible for:

• Maintaining the security of your Klaviyo credentials
• Ensuring you are authorized to grant the read-only Klaviyo scopes the Service requests
• Promptly notifying us of any unauthorized access

You may revoke the Service's access to your Klaviyo account at any time from your Klaviyo Apps dashboard. We do not require or store separate Service-specific passwords.

4. Free tier and usage limits

The Service is offered on a free tier with the following limits:

• Unlimited brand voice synthesis — you can re-synthesize as your campaign history grows. Only one profile is "locked" at a time.
• Ten copy generations per calendar month — one generation produces output across one or more channels for a single brief.
• Full editing access to your voice profile
• No payment required and no payment method on file

Free-tier usage limits may change over time with notice. We may offer paid tiers (Retail Savage Marketing Studio) in the future; if so, separate terms will apply and you will not be charged without your express consent.

If you exceed free-tier limits, the Service will not generate further content until the next calendar month resets your allotment, or until you accept a separate offer (if any) for additional usage.

5. Your content and our content

5.1 Your content

"Your Content" means: (a) content readable from your Klaviyo account via OAuth (campaigns, account metadata, etc.); (b) inputs you provide directly to the Service (briefs, channel selections, voice profile edits); and (c) content the Service generates for you (synthesized voice profile, generated copy).

You retain all rights, title, and interest in Your Content. You grant Retail Savage a limited, worldwide, non-exclusive, royalty-free license to use Your Content solely for the purposes of operating and improving the Service for you, as described in our Privacy Policy. We do not use Your Content to train AI models, sell it to third parties, or display it to other users.

You are solely responsible for Your Content, including ensuring it does not violate any third party's rights or applicable law.

5.2 Our content

The Service includes proprietary content owned by Retail Savage, including but not limited to:

• The synthesis prompt structure and engineering
• The generation prompt templates
• The Service's user interface, copy, and design
• The Retail Savage Voice brand, name, and logo
• The "Retail Savage Marketing Studio" parent brand and any associated trademarks

This content is owned by Retail Savage or its licensors and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. We do not grant you any other rights, including any right to access, copy, modify, distribute, reverse-engineer, or derive the prompts, prompt templates, prompt structures, or other Service internals.

Reverse-engineering, scraping, or attempting to extract the synthesis or generation prompt structures is a material breach of these Terms.

5.3 Generated copy ownership

Subject to your compliance with these Terms, you own the copy generated for you by the Service and may use it for any lawful purpose, including commercial use. We make no claim of ownership over the output the Service produces for you.

5.4 No AI model training on Your Content

Retail Savage does not use Your Content to train AI models. Our AI inference provider (Anthropic) does not use API prompts or outputs to train models, per Anthropic's API terms.

6. AI-generated content disclaimer

The Service uses generative AI to produce voice profiles and copy. AI-generated content can be inaccurate, misleading, or inappropriate for your specific situation. You are responsible for reviewing all generated content before publishing, sending, or otherwise relying on it. This includes:

• Verifying that generated copy accurately represents your products and brand
• Confirming that generated copy complies with applicable advertising, marketing, and consumer protection laws
• Ensuring that generated copy does not infringe on any third party's rights
• Adjusting tone, accuracy, and completeness as needed before use

The Service is a drafting tool, not a publishing tool. It does not send emails, post to social media, or update your Shopify products on its own. You copy our output and paste into your own platforms — you are the sender and the publisher.

7. Acceptable use

You may not, and you may not allow any third party to:

• Use the Service for any unlawful purpose
• Generate content that infringes intellectual property, defames, harasses, threatens, or otherwise violates the rights of any person or entity
• Generate spam, deceptive marketing, or content that violates Klaviyo's or any other platform's acceptable-use policies
• Attempt to reverse-engineer, decompile, or extract the prompts, prompt templates, or prompt structures used by the Service
• Scrape, copy, or systematically extract the Service's interface or content for use outside the Service
• Use the Service to develop a competing product, including using its outputs as training data for a competing AI tool
• Misrepresent your identity or your authority to connect a particular Klaviyo account to the Service
• Bypass, disable, or interfere with security or rate-limiting features
• Use the Service to harm minors

We may suspend or terminate access to any account we reasonably believe is in violation of these provisions.

8. Service availability

We aim to keep the Service available but do not guarantee uptime. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our reasonable control. We may add, change, or remove features at any time, with notice for material changes affecting your existing voice profiles or generated content.

The Service is currently in beta. Features, performance, and behavior may change as we iterate toward general availability.

9. Termination

You may stop using the Service at any time by disconnecting from your Klaviyo Apps dashboard, or via the Sign Out / Disconnect controls in the Service. We will delete your data in accordance with our Privacy Policy.

We may suspend or terminate your access to the Service:

• For material breach of these Terms
• For repeated minor breaches after notice
• If required by law
• If we discontinue the Service (with reasonable notice when feasible)

On termination, the licenses granted in Section 5 to use Our content end. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) survive.

10. Disclaimers

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

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT GENERATED CONTENT WILL BE ACCURATE OR FIT FOR YOUR PURPOSES; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RETAIL SAVAGE, ITS AFFILIATES, OR ITS PERSONNEL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOST GOODWILL, OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU HAVE PAID US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM (WHICH WILL BE $0 FOR FREE-TIER USERS).

Some jurisdictions do not allow these limitations, so some of the above may not apply to you.

12. Indemnification

You will defend, indemnify, and hold harmless Retail Savage, its affiliates, and their respective personnel from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Content
• Your use of generated content (including any decision to publish, send, or otherwise rely on it)
• Your breach of these Terms
• Your violation of any third party's rights or applicable law in connection with the Service

13. Governing law and disputes

These Terms are governed by the laws of [STATE/JURISDICTION — INSERT BEFORE PUBLICATION], without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in [COUNTY/STATE — INSERT BEFORE PUBLICATION], and you consent to the personal jurisdiction of those courts.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (using the address associated with your Klaviyo account) and post the updated Terms at https://voice.retailsavage.com/terms with a revised effective date. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to the updated Terms, your remedy is to stop using the Service and disconnect.

15. Miscellaneous

• Entire agreement — These Terms, together with our Privacy Policy and any additional terms presented at the time of a specific feature use, constitute the entire agreement between you and Retail Savage regarding the Service.
• Severability — If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver — Our failure to enforce any right is not a waiver of that right.
• Assignment — You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets.
• Notices — Operational and legal notices will be sent to the email address associated with your Klaviyo account or posted at the URLs above.
• Contact — voice@retailsavage.com

Retail Savage LLC [Business address — INSERT BEFORE PUBLICATION] voice@retailsavage.com https://voice.retailsavage.com