Terms of Service

1. Acceptance of Terms

By accessing or using Theme Runner (the "Service"), a product of MoJo Active, Inc. ("MoJo Active," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms apply to all users of the Service, including account holders, team members, and visitors.

2. Description of Service

Theme Runner is an AI-assisted platform for automating BigCommerce theme and storefront updates. The Service includes AI-drafted code merges, automated regression testing, and expert review by MoJo Active's BigCommerce engineering team. Theme Runner supports Stencil themes (Cornerstone, purchased, or custom) and Catalyst storefronts (hosted on Vercel or BigCommerce Native Hosting).

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

4. Subscriptions and Payment

Certain features of the Service require a paid subscription. By subscribing, you agree to pay the applicable fees as described on our Pricing page. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except as required by law.

We reserve the right to change our pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Your Content and Data

You retain all ownership rights to your theme files, code, and data ("Your Content") that you submit to the Service. By using the Service, you grant us a limited, non-exclusive license to access, process, and modify Your Content solely for the purpose of providing the Service, including AI analysis, code merging, and expert review.

We will not use Your Content for any purpose other than providing and improving the Service. We do not claim ownership of Your Content.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to process themes or storefronts you do not own or have authorization to manage
• Resell, sublicense, or redistribute the Service without our written consent

7. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by MoJo Active, Inc. and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

While our BigCommerce Elite Partner engineers review AI-drafted updates, we do not guarantee that updates will be error-free or that the Service will meet all of your specific requirements. You are responsible for testing updates in staging environments before deploying to production.

9. Limitation of Liability

To the maximum extent permitted by law, MoJo Active, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless MoJo Active, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service or violation of these Terms.

11. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms, with or without notice. You may cancel your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service ceases immediately, and we may delete your account data after a reasonable retention period.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Pennsylvania.

13. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the revised Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

14. Contact Us

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