Terms of Service

1. Agreement and operator

These Terms of Service ("Terms") are a binding agreement between the person or entity installing or using Radiant Size Chart ("Merchant", "you") and DAWSEN SA, trading as Ash Spark ("DAWSEN", "we", "us"). Radiant Size Chart is operated by DAWSEN SA from Juan María Pérez 2965, CP 11300, Montevideo, Uruguay.

By installing, accessing, selecting a plan for, or using Radiant Size Chart, you confirm that you have authority to bind the Merchant and agree to these Terms. If you do not agree, do not install or use the service.

2. Service and Shopify account

Radiant Size Chart provides merchant tools for creating and assigning size charts, presenting storefront size guidance, configuring the storefront experience, and reviewing eligible operational reporting. Features and limits depend on the active plan shown in Shopify.

You need an eligible Shopify store and must keep the app authorized with the permissions required for the features you use. Shopify is a separate service provider and its own terms govern your Shopify account, App Store, billing interface, APIs, and platform services.

3. Merchant responsibilities

You are responsible for:

• the accuracy, legality, and suitability of the charts, product assignments, storefront notices, media, and other content you configure;
• providing shoppers with notices and choices required by applicable privacy, consumer, accessibility, and ecommerce laws;
• configuring Shopify Customer Privacy and Radiant settings to match your lawful purposes and consent requirements;
• protecting your Shopify account and limiting staff access to authorized users; and
• verifying size guidance for your catalog before relying on it in a live storefront.

Size guidance is an estimate based on the chart and configuration made available for the relevant product. You remain responsible for product information, fit claims, sales decisions, and customer service.

4. Plans, trials, and billing

Available plans, prices, billing intervals, limits, and trial terms are presented by Shopify before confirmation. Shopify processes app charges and plan changes. A paid entitlement begins only after Shopify confirms the subscription. Paid features remain unavailable when the active entitlement cannot be verified.

You can change or cancel a plan through Shopify billing and subscription controls. Charges, refunds, taxes, and billing disputes are handled under the applicable Shopify billing rules and the terms displayed when you approve the charge.

5. Privacy and data protection

Our Privacy Policy explains what information Radiant handles and why. When we process personal data on your behalf, the Data Processing Addendum ("DPA") forms part of these Terms. Our current contracted providers are listed on the Subprocessors page.

You instruct us to process personal data only as necessary to provide, secure, support, and maintain the service, to comply with documented settings and lawful requests, and as otherwise described in the DPA.

6. Acceptable use

You must not use the service to violate law or third-party rights, bypass Shopify controls, introduce malicious code, probe or disrupt the service, access another store's data, resell unauthorized access, or submit passwords, payment-card data, or shopper body details to support channels.

We may limit or suspend access when reasonably necessary to prevent a security incident, unlawful use, material harm, or a breach of these Terms. Where practicable, we will notify you and provide a reasonable opportunity to remedy the issue.

7. Content and ownership

You retain ownership of merchant content you provide. You grant us a limited, non-exclusive license to host, process, reproduce, and display that content only as needed to provide and support the service.

DAWSEN SA and its licensors retain all rights in Radiant Size Chart, including its software, visual design, documentation, trademarks, and service materials. These Terms grant you a limited, revocable, non-transferable right to use the service for your Shopify business during the term.

8. Availability and support

We use reasonable care to operate and secure the service, but do not promise uninterrupted or error-free availability. Shopify changes, network failures, maintenance, or third-party outages can affect the service. We may update features to maintain security, compatibility, performance, or legal compliance.

Merchant support is available through the public support page and at info@ashspark.com. Do not send credentials, payment data, or shopper body details.

9. Disclaimers and liability

To the extent permitted by law, the service is provided on an "as is" and "as available" basis. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.

To the extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, or consequential loss, or for lost profits, revenue, goodwill, or data. DAWSEN SA's aggregate liability arising from the service will not exceed the greater of USD 100 or the amounts paid for Radiant Size Chart during the six months before the event giving rise to the claim. This limit does not apply where law prohibits it or to liability caused by fraud or willful misconduct.

10. Term and termination

These Terms apply while the app is installed or you otherwise use the service. You may end them by uninstalling the app and canceling any active subscription through Shopify. We may terminate or suspend the service for a material breach, legal requirement, security risk, or discontinuation, with notice where reasonably practicable.

On uninstall, Radiant starts the durable purge of shop-scoped operational records described in the Privacy Policy and DPA. Limited lifecycle markers and de-identified receipts remain only for their stated safety, idempotency, and verification periods. Provisions that by their nature should survive termination, including ownership, accrued payment obligations, confidentiality, liability limitations, and dispute terms, continue to apply.

11. Changes to these terms

We may update these Terms to reflect service, provider, security, or legal changes. The effective date identifies the current version. We will provide appropriate notice of material changes when required. Your continued use after the effective date of an update constitutes acceptance to the extent permitted by law.

12. Governing law and contact

These Terms are governed by the laws of Uruguay, without regard to conflict-of-law rules. Courts located in Montevideo, Uruguay have jurisdiction, except where mandatory law gives you the right to bring a claim elsewhere.