Effective date: April 19, 2026 Last updated: April 19, 2026
These Terms of Service ("Terms") form a binding legal agreement between you ("you", "Customer", or "Merchant") and Nevin Puri Ventures, LLC ("Linen", "we", "us", "our"), governing your access to and use of the Linen website, platform, applications, integrations, and related services (collectively, the "Service").
PLEASE READ CAREFULLY. SECTION 15 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
By accessing or using the Service, creating an account, or clicking a button indicating acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and have the legal authority to bind the business or entity on whose behalf you are using the Service. If you are using the Service on behalf of a business, "you" refers both to you individually and to that business.
2. Account Registration
You must provide accurate, complete, and current information when creating an account. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access
We may refuse service, close accounts, or remove content at our sole discretion.
3. The Service
Linen provides software that helps Shopify merchants generate, schedule, and send email marketing campaigns and automated flows to end consumers who have opted in via merchant storefronts ("End Consumers").
You acknowledge that the Service depends on third-party platforms (including Shopify, Klaviyo, and email service providers) that are not under our control. We do not guarantee uninterrupted availability of those platforms.
4. Subscription & Fees
4.1 Billing
The Service is offered under recurring subscription plans described on our pricing page. By subscribing, you authorize us (through our payment processor, Stripe) to charge your payment method the applicable fee at the start of each billing cycle.
4.2 Price changes
We may change subscription prices with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new price.
4.3 Refunds
All fees are non-refundable except where required by law or as expressly stated in these Terms. We do not pro-rate refunds for unused time if you cancel mid-cycle.
4.4 Cancellation
You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing cycle.
4.5 Taxes
Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes.
5. Acceptable Use
You agree not to:
- Use the Service to send spam, unsolicited bulk email, or any content that violates CAN-SPAM, CASL, GDPR, or any applicable anti-spam law
- Upload, send, or transmit content that is illegal, defamatory, infringing, harassing, pornographic, or otherwise objectionable
- Impersonate any person or entity, or misrepresent your affiliation
- Reverse-engineer, decompile, or attempt to extract the source code of the Service
- Circumvent rate limits, usage quotas, security measures, or license restrictions
- Use the Service to compete with us or build a competing product
- Resell, sublicense, or redistribute the Service without our written consent
- Access the Service via automated means (scrapers, bots) except through our documented API
- Send email to recipients who have not opted in or who have opted out
Violations may result in immediate suspension or termination without refund, in addition to any other remedies available to us.
6. Your Content and Data
6.1 License to us
By uploading content, connecting your Shopify store, or otherwise submitting data through the Service ("Your Content"), you grant Linen a worldwide, non-exclusive, royalty-free license to host, reproduce, process, transmit, display, and modify Your Content solely for the purpose of providing the Service.
6.2 Your responsibility
You represent and warrant that you have all rights necessary to submit Your Content and that Your Content does not infringe any third-party rights.
6.3 End Consumer data
When you use the Service to manage email lists and send campaigns, you act as the data controller for End Consumer personal data and Linen acts as a data processor. You are solely responsible for obtaining all required consents, providing required notices, and honoring opt-outs.
A separate Data Processing Agreement (DPA) governing this relationship is available at /legal/dpa and is incorporated by reference.
6.4 Deletion on termination
Upon termination, we will delete Your Content within 30 days, except where retention is required by law or for our legitimate business purposes (fraud prevention, legal compliance, backups).
7. Shopify Integration
Use of the Shopify integration is also subject to the Shopify Partner Program Agreement and Shopify API License. You authorize us to access your Shopify store data only to the extent required to provide the Service. We will comply with Shopify's data handling requirements.
8. Intellectual Property
8.1 Our IP
The Service, including all software, UI, documentation, logos, and content (excluding Your Content), is owned by Linen or its licensors and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership to you.
8.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant Linen a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without any obligation to you.
9. Privacy
Our processing of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Termination
10.1 By you
You may terminate by canceling your subscription.
10.2 By us
We may suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for immediate termination include breach of these Terms, non-payment, and misuse of the Service.
10.3 Effect of termination
On termination, your right to access the Service ends immediately. The following sections survive termination: 4 (accrued fees), 6.4, 8, 11, 12, 13, 14, 15, 16, and 17.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION, ACCURACY, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
WE MAKE NO WARRANTY REGARDING THE PERFORMANCE OF THIRD-PARTY PLATFORMS ON WHICH THE SERVICE DEPENDS, OR THE DELIVERABILITY, OPEN RATE, CLICK RATE, OR BUSINESS RESULTS OF ANY CAMPAIGN SENT THROUGH THE SERVICE.
Some jurisdictions do not allow the exclusion of implied warranties; in those jurisdictions the foregoing exclusions apply to the maximum extent permitted by law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VITALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply regardless of whether the remedy provided fails of its essential purpose. Some jurisdictions do not permit certain limitations of liability; in those jurisdictions our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Linen and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or access to the Service
- Your Content or data you submit
- Your violation of these Terms or any applicable law
- Your infringement of any third-party right, including intellectual property, privacy, or publicity rights
- Any claim by an End Consumer alleging that email they received from your account was unsolicited, infringing, or unlawful
We reserve the right to assume the exclusive defense and control of any matter subject to your indemnification, in which case you agree to cooperate fully.
14. Modifications
We may update these Terms from time to time. Material changes will be notified via email to your account address or via in-app notice at least 14 days before taking effect. Continued use of the Service after the effective date of the revised Terms constitutes acceptance.
15. Dispute Resolution — Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS YOUR ABILITY TO SEEK RELIEF IN COURT OR AS PART OF A CLASS ACTION.
15.1 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service (a "Dispute") shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, in English. Judgment on the award may be entered in any court of competent jurisdiction.
15.2 Class action waiver
YOU AND VITALS AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
15.3 Exceptions
Either party may bring (a) claims for injunctive or equitable relief to protect intellectual property rights, or (b) individual claims in small-claims court, if they otherwise qualify.
15.4 Opt-out
You may opt out of the arbitration agreement by emailing hello@linen.so with the subject line "ARBITRATION OPT-OUT" within 30 days of first accepting these Terms. The opt-out does not affect any other provision of these Terms.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to Section 15, any judicial proceeding shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and the parties consent to personal jurisdiction and venue there.
17. Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any DPA, are the entire agreement between you and Linen and supersede all prior agreements.
- Severability. If any provision is unenforceable, the remainder of these Terms remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign freely.
- Force majeure. We are not liable for failures caused by circumstances beyond our reasonable control, including acts of God, network outages, cyber attacks, or governmental action.
- Notices. Notices to you may be given by email or in-app notice; notices to us must be sent to hello@linen.so.
- Relationship. You and Linen are independent contractors. Nothing in these Terms creates a partnership, agency, or employment relationship.
18. Contact
For questions about these Terms, contact us at:
Nevin Puri Ventures, LLC [STREET ADDRESS] [CITY, STATE ZIP] Email: hello@linen.so