Customer terms of service

Effective date and agreement

Effective October 25, 2026 · Version 2026-10-25.1

These Customer Terms of Service ("Terms") form an agreement between Tamga Technologies LLC ("Tamga", "we", "us") and the person or organization using ShopPath ("Customer", "you"). ShopPath is a Tamga product. By accepting these Terms, requesting access, or using the service, you agree to these Terms. If you act for an organization, you represent that you have authority to bind it.

ShopPath is offered for business and commercial use, not personal, family, or household use. The Acceptable Use Policy, Billing and Cancellation Policy, Privacy Policy, and any written order form are incorporated into this agreement. If they conflict, a signed order form controls, followed by the Data Processing Addendum, these Terms, and the referenced policies.

Key definitions

"Customer Content" means information, configurations, instructions, test inputs, and materials that Customer submits or makes available through the service. "Journey Evidence" means screenshots, recordings, checkpoint observations, and diagnostics captured during a journey. A "Journey Result" is the service's status or classification for a journey. "Analysis" means separate automated or AI-assisted findings and recommendations based on captured evidence. "Service Metadata" means technical, usage, performance, security, and operational measurements about ShopPath that do not include Customer Content or raw Journey Evidence.

The ShopPath service

ShopPath runs browser journeys against approved storefronts, records selected Journey Evidence, reports a Journey Result, and may separately analyze captured evidence for shopping-experience issues. The service stops before placing an order or submitting payment. Features, supported storefront paths, allowances, customer report availability, and service access depend on the selected plan and current documentation.

ShopPath is an observation and quality-assurance tool. It is not a certification, monitoring guarantee, payment processor, accessibility audit, security assessment, or substitute for Customer's own testing and professional judgment.

Accounts, administrators, and storefront authority

You must provide accurate account information, protect credentials, use reasonable account security, and promptly notify us of suspected unauthorized use. Customer is responsible for activity under its workspace, its administrators' decisions, and ensuring each user is authorized. An account administrator may manage workspace users, storefronts, schedules, reports, and billing on Customer's behalf.

You may test only storefronts you own, operate, or have documented authority to evaluate. You represent that each submitted storefront and requested journey is authorized and that ShopPath's access will not violate a third party's rights, contract terms, or applicable law. Approval by Tamga is an operational safeguard and does not replace your legal permission. You remain responsible for storefront terms, robots or testing policies, and any notices or permissions required for the test.

Plans, trial, and billing

The free trial currently provides seven journeys during seven days, requires no card, and does not automatically convert into a paid subscription. Paid subscriptions are billed in advance and automatically renew for the selected monthly or annual interval until canceled. Annual subscriptions are charged annually, while journey allowances currently reset monthly. Unused journeys do not roll over and ShopPath does not automatically buy overages.

The exact price, billing interval, and renewal terms shown at checkout control your purchase. Taxes may be added where required. Cancellation, refunds, failed payments, and price changes are described in the Billing and Cancellation Policy.

Customer Content and Journey Evidence

You retain ownership of Customer Content and rights you already hold in storefront materials. You grant Tamga and its subprocessors a limited, non-exclusive right to host, copy, transmit, transform, and analyze Customer Content and Journey Evidence only as needed to provide, secure, support, troubleshoot, and maintain ShopPath, comply with law, and follow your documented instructions. This license ends when the relevant data is deleted, except for temporary backups and records that lawfully must be retained.

You are responsible for the legality, accuracy, and necessity of Customer Content and for maintaining your own source records. You must not intentionally submit payment credentials, real customer credentials, sensitive personal information, confidential third-party information, or other data unnecessary for a storefront journey.

Journey Evidence may include storefront URLs, screenshots, recordings, checkpoint data, console summaries, and limited network or diagnostic metadata. A plan's report-availability period controls how long Customer and public-link viewers can open a report; it does not automatically delete ShopPath's internal run record or associated evidence. Tamga retains those internal records until they are deleted under an account-deletion or verified support request, a written agreement, or applicable legal, security, or operational requirements. Customer should download any report it needs before its availability period ends.

Journey Results and AI-assisted Analysis

Automated systems and artificial intelligence may contribute to both Journey Results and Analysis. These outputs can be inaccurate, incomplete, delayed, internally inconsistent, or contain false positives or false negatives. A "Passed" Journey Result means only that ShopPath did not detect a blocking issue in that specific journey, with the storefront state, browser environment, test data, and evidence available at that time. It does not mean that the storefront or checkout is error-free or that every shopper can complete a purchase.

Analysis may identify potential visual, consistency, usability, or presentation concerns, but a finding is not a confirmed defect unless Customer verifies it. Customer must review the supporting Journey Evidence and use its own judgment before changing a storefront, making a public statement, taking action against a third party, or making another material business decision based on an output.

Outputs are informational and do not replace accessibility testing, security testing, legal or regulatory review, professional advice, or Customer's own quality-assurance program. ShopPath does not guarantee sales, conversion, revenue, continuous storefront operation, reproduction of every shopper's experience, or detection of every issue.

Service Metadata and product improvement

Tamga may collect and use Service Metadata to operate, secure, measure, support, and improve ShopPath and to develop related ShopPath functionality. Tamga may also derive aggregated or de-identified statistics from Customer's use of the service. Tamga will maintain de-identified information in de-identified form, will not attempt to re-identify it, and will not sell it or use it for behavioral advertising.

Tamga will not use Customer Content or raw Journey Evidence to train a general-purpose artificial-intelligence model without Customer's separate affirmative consent. Service providers may process such data only to deliver their contracted service, protect their systems, or comply with law, subject to applicable agreements and settings.

Reports and permitted use

During the applicable report-availability period, Customer may access and download available reports and Journey Evidence. Customer may use ShopPath reports for its internal business operations and may share them confidentially with personnel, contractors, professional advisers, and storefront providers that need them. Tamga retains all rights in ShopPath's underlying software, report templates, methods, models, and service-generated technology. Customer may not misrepresent a report as a certification, guarantee, or endorsement by Tamga.

Acceptable use

You must comply with the Acceptable Use Policy. Among other restrictions, you may not use ShopPath to bypass access controls, manually interact with human verification, place real orders, submit payment, enter real customer data, overload a storefront, probe unrelated systems, or conduct unlawful activity. The optional browser-provider CAPTCHA setting is limited to authorized tests of approved storefronts, as described in the Acceptable Use Policy.

Customer configuration and third-party dependencies

Customer is responsible for selecting the correct storefront, test view, schedule, and other configuration and for reviewing changes made by its users. Browser journeys can be delayed, queued, blocked, or made incomplete by storefront changes, incorrect configuration, third-party services, platform restrictions, network conditions, human-verification challenges, or plan limits. Tamga does not control Customer's storefront, commerce platform, internet provider, or other third-party services and is not responsible for their acts, omissions, content, or availability. This does not excuse Tamga from the express obligations it undertakes in these Terms.

Service operation, preview features, and changes

Unless a signed order form states otherwise, ShopPath is provided without a service-level commitment. Features identified as beta, preview, experimental, or evaluation may be changed or withdrawn at any time and may be less reliable than generally available features. We may change or discontinue features, but will provide reasonable notice before a material reduction to paid functionality when practicable. We may impose or adjust reasonable technical and usage limits to protect the service, customers, storefronts, and providers.

Intellectual property, feedback, and customer identity

Tamga and its licensors own ShopPath, its software, design, documentation, and service-generated technology. These Terms give you a limited, non-exclusive, non-transferable right to use the service during your authorized subscription. If you provide feedback, you allow Tamga to use it without restriction or payment, without identifying you publicly. Tamga will not publicly use Customer's name, logo, or report as a testimonial or case study without permission.

If Tamga receives a credible claim that Customer Content infringes another party's rights, Tamga may restrict the affected content while investigating and may request information reasonably needed to resolve the claim.

Confidentiality

Each party will use the other party's non-public information only to perform this agreement and will protect it using reasonable care. This duty does not cover information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source. A party may disclose information when legally required after giving notice where permitted.

Privacy, security, and subprocessors

Our Privacy Policy explains how Tamga handles account and service data. When Tamga processes personal data for Customer, the Data Processing Addendum applies. The current Subprocessor List identifies core service providers. Security information is available in the Security overview.

Suspension and termination

We may suspend access when reasonably necessary to prevent harm, investigate suspected misuse, comply with law, address overdue payment, respond to a security risk, enforce technical limits, or protect ShopPath and third parties. We will use reasonable efforts to give notice and restore access when the issue is resolved, unless notice would create risk or violate law. Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately if the breach cannot be cured. Customer may end a subscription as described in the Billing and Cancellation Policy.

When access ends, Customer must stop using the service and download any available material it wishes to retain before its report-availability period closes. Internal deletion is handled separately under the Customer Content and Journey Evidence section, the Privacy Policy, and the DPA. Sections that by their nature should survive—including payment, confidentiality, intellectual property, data-use restrictions, disclaimers, liability, indemnity, and dispute terms—continue after termination.

Limited service warranty and remedy

Tamga warrants that the generally available service will perform materially as described in its current documentation under normal authorized use. Customer must notify Tamga with reasonable detail within 30 days after discovering a material failure. Tamga will use commercially reasonable efforts to correct or re-perform the affected service. If Tamga cannot do so within a reasonable period, Customer may terminate the affected paid service and receive a refund of prepaid fees covering the unused period after termination. This is Customer's exclusive remedy for breach of this limited service warranty.

Disclaimers

Except for the limited service warranty above and to the maximum extent permitted by law, ShopPath and its outputs are provided "as is" and "as available." Tamga disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation. Tamga does not warrant that a Journey Result or Analysis will be accurate, complete, reproduce every shopper's experience, identify every defect, or prevent loss. Customer is not entitled to rely on ShopPath as its sole control for storefront availability, checkout correctness, legal compliance, accessibility, security, or business continuity.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunity, or data, even if advised that such damages were possible. Tamga's aggregate liability arising out of or relating to ShopPath or these Terms will not exceed the greater of $100 or the fees Customer paid to Tamga for ShopPath during the 12 months before the first event giving rise to the claim.

The exclusions and cap apply regardless of the legal theory and are an essential allocation of risk reflected in the service price. They do not apply to liability that cannot legally be limited. Customer's payment obligations, indemnification obligations, infringement or misappropriation of Tamga's rights, unauthorized testing, or intentional violation of the Acceptable Use Policy are not limited by Tamga's liability cap.

Customer indemnity

Customer will defend, indemnify, and hold harmless Tamga, its affiliates, and their personnel from third-party claims, damages, judgments, penalties, and reasonable legal costs arising from Customer's unauthorized testing; Customer Content or instructions that violate law or another party's rights; violation of the Acceptable Use Policy; breach of storefront permissions; or Customer's material misrepresentation of a ShopPath report. This obligation does not apply to the extent a claim was caused by Tamga's breach of these Terms.

Tamga will promptly notify Customer of a covered claim and provide reasonable cooperation at Customer's expense. Customer may control the defense with qualified counsel, but may not admit fault by Tamga, impose non-monetary obligations on Tamga, or settle a claim without Tamga's written consent, not to be unreasonably withheld.

Export and sanctions compliance

Customer may not use or provide ShopPath in violation of United States export-control, trade-sanctions, or import laws. Customer represents that it and its authorized users are not prohibited from receiving the service under applicable law. Tamga may restrict access where reasonably necessary for sanctions or export compliance.

Events beyond reasonable control

Neither party is liable for delay or failure caused by events beyond its reasonable control, including widespread internet or cloud outages, labor disputes, natural disasters, war, terrorism, civil unrest, government action, utility failure, or attacks on third-party infrastructure. This section does not excuse payment obligations already due or duties to protect confidential information.

Changes to these Terms

We may update these Terms prospectively. The version and effective date appear above. We will provide reasonable advance notice of material changes to active customers. Changes that legally require new consent will not take effect for you until that consent is obtained.

Governing law and disputes

North Carolina law governs these Terms without regard to conflict-of-law rules. The state and federal courts located in Wake County, North Carolina have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there. Before filing a claim, each party will provide written notice describing the dispute and make a good-faith effort for 30 days to resolve it, except where urgent injunctive relief is needed.

Notices

Tamga may send operational and legal notices to the account owner's email address or display them in ShopPath. Customer is responsible for keeping its owner and billing contacts current. Notices to Tamga regarding breach, indemnity, or a legal claim must be sent to support@getshoppath.com with "Legal Notice" in the subject. Email notice is effective when received, subject to any delivery requirement that applicable law does not permit the parties to change.

General and contact

The parties are independent contractors; these Terms do not create employment, agency, partnership, joint venture, fiduciary, or franchise relationships. There are no third-party beneficiaries. Customer may not assign this agreement without Tamga's consent. Tamga may assign it in connection with a merger, acquisition, corporate reorganization, sale of relevant assets, or by operation of law.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder stays effective. Failure to enforce a provision is not a waiver. Headings are for convenience. These Terms, incorporated policies, and any signed order form are the complete agreement about ShopPath and replace prior discussions on the same subject.

Legal notices and questions may be sent to support@getshoppath.com. ShopPath is operated by Tamga Technologies LLC, Raleigh, North Carolina, United States.