TOTEM Terms of Service

Last updated: May 12, 2026 Effective date: May 12, 2026

These Terms of Service ("Terms") govern your access to and use of the TOTEM Shopify application, the TOTEM marketing site at totemtool.xyz, and the MCP protocol endpoints we operate on your behalf (collectively, the "Service"). The Service is operated by Brandon Montero ("TOTEM", "we", "us", "our").

By installing TOTEM or otherwise accessing the Service, you ("Merchant", "you") agree to these Terms. If you do not agree, do not install or use the Service.

1. Eligibility

You must operate a Shopify store and have authority to bind that store to these Terms. You must be at least 18 years old. The Service is intended for use by businesses, not consumers.

2. The Service

TOTEM exposes your Shopify store's catalog, inventory, business information, and draft-order creation capability through the Model Context Protocol ("MCP") so that authorized AI agents can read your data and create carts on behalf of their users.

We provide:

• A multi-tenant MCP endpoint at {your-slug}.totemtool.xyz/mcp
• A merchant dashboard at app.totemtool.xyz showing agent traffic analytics
• Periodic synchronization with your Shopify store via webhooks
• Standard support via email

We do not guarantee that any specific AI agent platform will discover, query, or transact with your TOTEM endpoint. Agent ecosystems are evolving rapidly and adoption is outside our control.

3. Your account and your store

You are responsible for:

• Maintaining the confidentiality of your Shopify account
• All activity that occurs through your TOTEM installation
• Ensuring your store complies with Shopify's terms and all applicable laws
• The accuracy of your product, pricing, and inventory data (we surface what your Shopify store says)

If your Shopify store is suspended, terminated, or transferred, your TOTEM installation may be affected.

4. Acceptable use

You agree NOT to:

• Use the Service to violate any law or third party's rights
• Reverse-engineer, decompile, or attempt to extract source code from the Service
• Resell, sublicense, or white-label the Service without our written consent
• Use the Service to expose products you are not authorized to sell
• Use the Service to expose inventory in a way that constitutes deceptive merchandising
• Attempt to access another Merchant's endpoint, data, or dashboard
• Interfere with or degrade the Service's performance for other Merchants
• Use the Service to facilitate the sale of products prohibited by Shopify's Acceptable Use Policy

We may suspend or terminate your access if we reasonably believe you have violated these rules.

5. AI agents and third parties

The Service is designed to be queried by AI agents operated by third parties (Anthropic, OpenAI, Perplexity, Google, and others). We do not control how those agents behave, what they say to their users about your products, or whether they accurately represent your store. We are not responsible for:

• Errors in agent recommendations
• Misrepresentations by agents
• Failed agent transactions due to issues outside the TOTEM Service
• Loss of business if an agent platform deprecates MCP or changes its agent behavior

You acknowledge that the agent-commerce ecosystem is experimental and evolving. Outcomes vary.

6. Fees, billing, and trial

The Service is offered under the following plans:

• Starter: $29 USD per month
• Growth: $79 USD per month
• Scale: $199 USD per month

All plans include a 14-day free trial. After the trial, your plan is billed monthly through Shopify Billing. Fees are non-refundable except where required by law.

Founding Cohort: The first 100 Merchants to install TOTEM receive lifetime free access at the Growth tier. Founding Cohort status is non-transferable, applies to a single Shopify store, and persists for the life of that store's TOTEM installation. If you uninstall TOTEM, your Founding Cohort status is forfeited and cannot be reinstated.

We may change pricing with at least 30 days' notice. If you do not accept a price change, your sole remedy is to uninstall.

If your Shopify Billing account fails to charge, we may suspend access until payment resumes.

7. Data ownership and license

You own your store data. By using the Service, you grant us a limited, non-exclusive license to:

• Read your store data through the Shopify scopes you authorize
• Cache, transform, and serve your data to AI agents on your behalf
• Use anonymized, aggregated insights derived from agent telemetry to improve the Service and publish industry benchmarks

This license terminates when you uninstall TOTEM, except for aggregated and de-identified data, which we may continue to use.

We do not sell your data. We do not use your data to train AI models.

8. Intellectual property

The Service, including all software, designs, logos, and documentation, is owned by TOTEM and protected by intellectual property law. These Terms do not grant you any rights to our intellectual property other than the limited right to use the Service for your store.

The Model Context Protocol itself is an open standard and is not owned by TOTEM.

9. Confidentiality

To the extent we receive any information you mark as confidential, we will use it only to provide the Service and will not disclose it to third parties except as described in the Privacy Policy or as required by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant:

• That the Service will be uninterrupted or error-free
• That AI agents will accurately interact with your data
• That you will gain any specific volume of agent-initiated traffic, carts, or revenue
• That MCP or any agent platform will remain operational, compatible, or commercially available

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTEM AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 USD.

Some jurisdictions do not allow these limitations. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You will defend, indemnify, and hold harmless TOTEM and its affiliates from any claim, loss, or expense (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your store's products, content, or business practices
• Your violation of these Terms
• Your violation of any law or third party's rights

13. Term and termination

These Terms apply for as long as you use the Service. You may uninstall TOTEM at any time. Uninstallation terminates these Terms, except for sections that by their nature survive (intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution).

We may terminate or suspend your access for any reason with notice, or immediately and without notice if we reasonably believe you have violated these Terms, are operating fraudulently, or are creating risk to other Merchants or the Service.

Upon termination, we will delete your data per the retention schedule in our Privacy Policy.

14. Modifications

We may modify these Terms. If we make material changes, we will notify you by email and post the new effective date at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-laws principles.

Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Bergen County, New Jersey, and you consent to the exclusive jurisdiction of those courts.

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

16. Miscellaneous

• Entire agreement. These Terms (with the Privacy Policy) are the entire agreement between you and TOTEM.
• No assignment. You may not assign these Terms without our written consent. We may assign them freely.
• No waiver. Our failure to enforce a provision is not a waiver of that provision.
• Notices. We may notify you by email to the address associated with your Shopify store. You may notify us at support@totemtool.xyz.

17. Contact

TOTEM Email: support@totemtool.xyz