Terms of Service

Last updated: December 23, 2025

Thank you for using MOJO!

This page explains the terms by which you may use our Shopify application and related services (the "Service" or "Platform"). By accessing or using the Service, or by clicking on the "Install", "Get", or "Subscribe" button or other mechanism provided, you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement"), and acknowledge that you have read and understood our Privacy Policy, whether or not you are a registered user of our Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION BEFORE USING THE SERVICE. BY ACCEPTING THESE TERMS OR USING THE MOJO PLATFORM, YOU AGREE TO THESE TERMS AND CONDITIONS WITH KEVIN HENRICH, TRADING AS HENRICH DIGITAL ("MOJO," "us," or "we"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE "I ACCEPT" BUTTON AND YOU SHOULD NOT USE THE MOJO PLATFORM.

In this Agreement, "you," "your" and "Customer" will refer to you. If you are using the MOJO Platform on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to MOJO that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms "you", "your" and "Customer" will refer to that entity or organization).

IMPORTANT NOTES:

  • MOJO DOES NOT PROVIDE WARRANTIES FOR THE MOJO PLATFORM, AND THESE TERMS LIMIT MOJO'S LIABILITY TO YOU.
  • These Terms are subject to occasional revision. Your continued use of the Service constitutes acceptance of any revisions.

1. Changes to Terms

MOJO may revise these Terms from time to time. If MOJO does revise these Terms, the revised Terms will supersede prior versions, effective at the beginning of your next subscription renewal. MOJO will provide you advance notice of any material revisions via email to the email address associated with your Shopify account. For other revisions, MOJO will update the effective date of these Terms at the top of the page. Your continued access or use of the MOJO Platform constitutes your acceptance of any revisions. If you don't agree to the revisions, you should cancel your subscription and uninstall the MOJO Platform.

2. The MOJO Platform

2.1 Description of Service

MOJO provides an A/B testing and conversion optimization platform for Shopify merchants. The Service allows you to:

  • Create and run A/B tests on your Shopify store templates, themes, and URLs
  • Track visitor behavior and conversion events
  • Analyze test results with statistical significance calculations
  • Apply winning variants to your live store

2.2 Provision of Service

Subject to the terms and conditions of this Agreement, MOJO will use commercially reasonable efforts to make the MOJO Platform available to Customer pursuant to this Agreement based on the pricing plan selected by Customer. Customer may permit its third-party contractors, subject to confidentiality and use obligations at least as restrictive as those set forth in this Agreement, to access and use the MOJO Platform solely in connection with services provided by such third-party contractors to Customer.

2.3 Customer Responsibilities

Customer acknowledges that MOJO's performance of the Service is dependent on Customer providing all reasonably required cooperation, and Customer will provide all such cooperation in a diligent and timely manner. Customer will be solely responsible for:

  • The accuracy, quality, integrity and legality of Customer's store content
  • Ensuring that A/B tests comply with applicable laws and regulations
  • The configuration and management of tests within the Platform
  • Maintaining the security of account credentials

Customer hereby grants to MOJO a limited, non-exclusive, worldwide license to use, reproduce, and create derivative works of Customer's theme templates and store content solely to provide the MOJO Platform to Customer.

2.4 Restrictions

Customer will not, and will not permit any user or other party to:

  • Allow any unauthorized third party to access the MOJO Platform
  • Modify, adapt, alter or translate the MOJO Platform or Documentation
  • Sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the MOJO Platform for the benefit of any unauthorized third party
  • Reverse engineer, decompile, disassemble, or otherwise derive or attempt to derive the source code of the MOJO Platform, except as permitted by law
  • Interfere in any manner with the operation of the MOJO Platform or the infrastructure used to operate it
  • Access or use the MOJO Platform to build a similar or competitive product or service
  • Attempt to access the MOJO Platform through any unapproved interface
  • Use the MOJO Platform in any manner that exceeds the scope of use permitted or in a manner inconsistent with applicable law
  • Use the MOJO Platform for any time-critical or mission-critical functions
  • Remove, alter, or obscure any proprietary notices of MOJO

2.5 Ownership Rights

As between the parties, MOJO owns and will retain all right, title and interest in and to the MOJO Platform and any improvements thereto, and Customer owns and will retain all right, title and interest in and to the Customer's store content (excluding any MOJO Platform embedded therein). No rights are granted other than as expressly set forth herein.

2.6 Feedback

Customer may from time to time provide MOJO suggestions or comments for enhancements or improvements, new features or functionality or other feedback with respect to the MOJO Platform ("Feedback"). MOJO will have the full, unencumbered right to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with its products and services without compensation to Customer.

2.7 Data Collection and Analytics

Notwithstanding anything herein, MOJO shall have the right to collect and analyze data and other information relating to the use and performance of the MOJO Platform and related systems and technologies. MOJO will be free to:

  • Use such information and data to develop, improve and provide MOJO offerings
  • Use and disclose such data in aggregate or other anonymous and de-identified form for analytics, benchmarking, and marketing purposes

3. Accounts

3.1 Account Creation

To use the MOJO Platform, you must install the application from the Shopify App Store and authorize access to your Shopify store. By installing the application, you represent and warrant that all information associated with your Shopify account is truthful and accurate.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify MOJO of any unauthorized use or suspected unauthorized use of your account or any other breach of security. MOJO cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Payment

4.1 Fees and Billing

Customer will pay MOJO the fees set forth in MOJO's standard pricing plan, as may be updated from time to time. All fees are processed through Shopify's billing system. MOJO may change the terms of its pricing plan at any time. All changes to pricing will be effective upon Customer's next subscription renewal.

All fees are due and payable at the beginning of your subscription term and each renewal thereof. MOJO may restrict or suspend Customer's access to the MOJO Platform if payment is not made. Except as otherwise mutually agreed upon in writing:

  • Fees are quoted and payable in United States dollars
  • Payment obligations are non-cancelable and non-pro-ratable for partial months
  • Fees paid are non-refundable, except as expressly set forth herein

4.2 Taxes

All amounts and fees stated or referred to in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, "Taxes"). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on MOJO's net income.

4.3 Free Trial

MOJO may offer a free trial period for the Service. At the end of the free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You may cancel your free trial at any time through the Shopify admin.

5. Warranties and Disclaimers

5.1 Customer Warranties

Customer warrants that it has the necessary rights, licenses, consents, permissions, waivers and releases to use, make available and distribute the Customer's store content in connection with the MOJO Platform as contemplated herein.

5.2 Disclaimer

THE MOJO PLATFORM AND ANY BETA SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. MOJO HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE MOJO PLATFORM.

WITHOUT LIMITING THE FOREGOING, MOJO DOES NOT WARRANT THAT THE MOJO PLATFORM WILL BE ERROR-FREE OR THAT IT WILL MEET ANY SPECIFIED SERVICE LEVEL, OR WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.

TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.

5.3 Beta Services

From time to time, Customer may have the option to participate in a program where Customer gets to use alpha or beta services, products, features or documentation (collectively, "Beta Services") offered by MOJO. The Beta Services are not generally available, and may contain bugs, errors, defects or harmful components. Beta Services are provided "AS IS" without any warranties.

5.4 No Guarantee of Results

MOJO does not guarantee any specific results from the use of the Platform. A/B testing results depend on many factors outside of MOJO's control, including but not limited to traffic volume, test duration, variant design, and statistical significance. Customer is solely responsible for interpreting and acting upon test results.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL MOJO BE LIABLE TO YOU FOR ANY:

  • INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF MOJO HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; OR
  • DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT OR CLAIM.

THE FOREGOING PROVISIONS ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Indemnification

Customer will defend, indemnify and hold MOJO harmless against any actual or threatened claim, loss, liability, proceeding, governmental investigation or enforcement action arising out of or relating to:

  • Customer's store content
  • Customer's use of the MOJO Platform
  • Customer's breach of these Terms
  • Customer's violation of applicable laws or regulations

MOJO reserves the right, at Customer's expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. Customer will pay all costs, reasonable attorneys' fees and any settlement amounts or damages awarded against MOJO in connection with any such claim.

8. Term and Termination

8.1 Term

The term of this Agreement will commence on the date these Terms are accepted by you (typically upon installation of the application) and continue until your account is terminated as set forth below.

8.2 Termination by Customer

You may terminate this Agreement at any time by uninstalling the MOJO application from your Shopify store. Upon uninstallation, your subscription will be cancelled and you will not be charged for future billing periods.

8.3 Termination by MOJO

MOJO may terminate or suspend your account:

  • In the event you commit any breach of any provision of these Terms
  • Effective at the end of your then-current subscription upon written notice of non-renewal
  • Immediately for cause if there is reason to believe your use of the Platform is fraudulent or negatively impacting the operating capability of the Platform
  • If MOJO determines that providing the Service is prohibited by law or has become impractical for any legal or regulatory reason
  • Upon your liquidation, dissolution, or bankruptcy

No refund will be provided in the event of any suspension or termination of your account due to your breach of these Terms.

8.4 Effect of Termination

Upon termination of this Agreement or your account:

  • Customer will discontinue any further use of the MOJO Platform
  • All rights and licenses granted to Customer will immediately terminate
  • MOJO will retain Customer data for 30 days, after which it will be permanently deleted
  • Provisions relating to payment, proprietary rights, disclaimers, indemnification, limitations of liability, and general provisions will survive termination

9. Data and Privacy

9.1 Data Processing

MOJO processes personal data in accordance with our Privacy Policy. By using the Service, you acknowledge and agree to the data practices described therein.

9.2 Customer Data

Customer retains all rights to Customer's store data. MOJO will only access, use, and process such data as necessary to provide the Service and as described in the Privacy Policy.

9.3 Shopify Data

The MOJO Platform accesses certain data from your Shopify store through Shopify's APIs. By installing the application, you authorize MOJO to access this data as described in the Privacy Policy and as necessary to provide the Service.

10. General Provisions

10.1 Publicity

MOJO may use Customer's name and logo on MOJO's website and marketing materials to identify Customer's relationship with MOJO, unless Customer opts out by contacting us in writing.

10.2 Assignment

Neither party may assign or otherwise transfer this Agreement, in whole or in part, without the other party's prior written consent, except that either party may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any attempted assignment in violation hereof will be null and void.

10.3 Waiver

Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

10.4 Severability

If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect.

10.5 Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Mainz, Germany. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

10.6 European Dispute Resolution

If you are a consumer in the European Union, you may also be entitled to refer disputes to the Online Dispute Resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

10.7 Force Majeure

MOJO will not be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control ("Force Majeure Event"), including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war, cyber attacks, pandemic, or any change in or the adoption of any law, regulation, judgment or decree.

10.8 Entire Agreement

This Agreement comprises the entire agreement between Customer and MOJO with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by MOJO will create a warranty or in any way increase the scope of the warranties in this Agreement.

10.9 Electronic Communications

The communications between you and MOJO use electronic means. For contractual purposes, you:

  • Consent to receive communications from MOJO in an electronic form
  • Agree that all terms and conditions, agreements, notices, disclosures, and other communications that MOJO provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing

10.10 Notices

Any notice required or permitted to be given hereunder will be given in writing by email. Notices to Customer will be sent to the email address associated with your Shopify account. Notices to MOJO must be sent to: support@mojo-ab.com.

11. Contact Information

If you have any questions about these Terms, please contact us:

Kevin Henrich / Henrich Digital

Rhabanusstraße 20

55118 Mainz

Germany


Email: support@mojo-ab.com

These Terms of Service are provided to help you understand the terms under which MOJO provides its services. For legal advice specific to your situation, please consult with a qualified attorney.