Last updated September 18th, 2025

These Merchant Terms of Service (“Terms”) govern your use of the Friendly shipping protection service operated by Contextual Technologies, Inc., a Delaware corporation (“Contextual,” “we,” or “us”). By installing the Friendly application or using any part of the Friendly service, you (“Merchant” or “you”) agree to be bound by these Terms. If you do not agree, do not use the service.

1. The Friendly Service

Friendly is a Shopify application operated by Contextual Technologies, Inc. ("Contextual," "we," or "us"). Once installed, the Friendly app automatically presents a shipping protection option to customers during checkout. Customers who opt in pay a small fee that is collected by you, the merchant.

Friendly provides the mechanism for you to offer and charge for package-protection coverage and to record which packages are eligible for that coverage. Friendly does not provide any actual package-protection coverage. You are solely responsible for self-insuring or obtaining third-party coverage as needed, for communicating to customers any applicable coverage terms, exclusions, or limitations, and for ensuring that customers' package-protection claims are handled appropriately.

2. Eligibility and Your Responsibilities

To use Friendly, you must operate a Shopify-enabled online store and have a valid Shopify account. You must have the legal authority to enter into these Terms on behalf of your business.

You are responsible for: (a) ensuring your Shopify store is properly configured to work with the Friendly application; (b) accurately fulfilling and shipping customer orders; (c) providing truthful and complete information in connection with any customer claim; and (d) complying with all applicable laws in the operation of your store.

You agree not to misrepresent the nature or scope of the shipping protection offered through Friendly, and not to submit or encourage the submission of fraudulent claims.

3. Fees and Payment

The shipping protection fee charged to customers at checkout is determined by Contextual and may vary based on factors such as order value, shipping method, and destination. Contextual reserves the right to adjust this pricing at any time.

The protection fees collected from your customers are retained by you. A portion of the amounts charged is payable to Contextual as a fee for the Friendly service. The specific fee percentage will be agreed upon between you and Contextual on a per-merchant basis and may be documented separately.

You are responsible for any applicable taxes arising from the protection fees collected through your store.

4. Intellectual Property and License

Contextual owns all rights in the Friendly application, platform, and associated technology. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Friendly application solely in connection with your Shopify store.

You may not copy, modify, reverse engineer, or create derivative works of the Friendly application or any part of our platform. You may not use the Friendly service to develop or assist in developing a competing product.

You grant Contextual a limited, revocable license to use your store name and logo solely to identify you as a Friendly merchant within the application and in our marketing materials.

5. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTEXTUAL'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE FRIENDLY SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CONTEXTUAL IN THE THREE MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL CONTEXTUAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

6. General Provisions

Term and Termination.

These Terms are effective as long as you use the Friendly service. Either party may terminate at any time by providing written notice to the other party. Upon termination, you must uninstall the Friendly application from your Shopify store. Any obligations that accrued before termination (including unpaid fees) will survive.

Privacy.

We collect and process data from you and your customers as necessary to operate the Friendly service, including order information, shipping details, and claim-related communications. Our handling of personal data is described in our Privacy Policy. You are responsible for providing any notices to, or obtaining any consents from, your customers required under applicable law in connection with the use of Friendly.

Indemnification.

You agree to indemnify and hold harmless Contextual and its officers, directors, and employees from any third-party claims arising from (a) your operation of your Shopify store, (b) your breach of these Terms, or (c) your violation of any applicable law.

Governing Law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any disputes arising under these Terms will be resolved in the state or federal courts located in Delaware.

Assignment.

You may not assign these Terms without our prior written consent. Contextual may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Entire Agreement.

These Terms, together with any separately agreed fee arrangements, constitute the entire agreement between you and Contextual regarding the Friendly service and supersede all prior agreements and understandings.

Contact.

Questions about these Terms may be directed to dev@getcontextual.io.