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Nesvo Terms of Service

Last updated: September 5, 2026

These terms are the agreement between NESVO LLC, a New Jersey limited liability company at 83 Crease Road, Budd Lake, New Jersey 07828, United States ("Nesvo", "we", "us"), and the business that installs the Nesvo app ("you", "the merchant").

By installing Nesvo, you accept these terms. If you do not accept them, do not install it, and uninstall if you already have.

They are written to be read. Where we have made a choice that constrains you — and we have made several — we explain why rather than hiding it in a clause.

1. Who can agree to this

By installing Nesvo you confirm that you are at least 18, that you are acting for a business, and that you have authority to bind that business to these terms. If you are accepting on behalf of a company, "you" means that company.

2. What Nesvo does

Nesvo is a Shopify app with two halves:

  • Analytics. It syncs your Shopify data into our database and shows you revenue, profit, margin, customer value, product performance and store traffic.
  • Email marketing. On paid plans, it decides which of your customers qualify for which marketing campaign, builds the email, and sends it on your behalf through Amazon SES.

There is a permanent free plan that provides the analytics half only: no marketing email, no storefront signup forms, no sending infrastructure. Your store's data still syncs and the Web Pixel still records storefront browsing on the free plan — see our Privacy Policy.

3. Your account and the people on it

  • You install Nesvo from Shopify. Shopify authenticates you; we never issue you a password and never see your Shopify credentials.
  • Who can open Nesvo is decided in Shopify. Once someone opens the app they appear in your user list, entering their own name and email, and you assign them a role that controls what they can do inside Nesvo.
  • You are responsible for the people you give access to — for the role you assign them, for what they do with it, and for the customer data that role lets them see. Some roles can view your customers' personal information. That is your decision to make about your own customers, and the consequences of it are yours.
  • You must give us accurate information, and keep your sender identity, reply-to inbox and postal address current.

4. What you get, and what stays ours

Your licence. For as long as you have an active Nesvo installation, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your own business. That right ends when your installation does.

Our property. We keep all rights in the Nesvo software, its design, its content and its underlying systems. Nothing here transfers any of it to you.

Your feedback. If you tell us how to make Nesvo better — and we hope you will — we may act on it without owing you anything, and whatever we build from it stays ours. This gives us no right to your data, your brand or your content.

Your brand and content. Your logo, your copy, your offers and your product images stay yours. You grant us only the permission we need to render and send them on your behalf.

5. Your data, and who is responsible for it

  • You own your data. Your store records, your customer list, your costs, your templates.
  • For your customers' personal data, you are the data controller and we are your processor. We process it on your instructions to provide the service. This includes storefront collection on your store: the browse tracking and the signup forms run on your storefront, collect data about your shoppers, into your customer relationship.
  • You are responsible for telling your shoppers what is collected on your storefront. We give you the disclosure text to paste into your own store privacy policy, in Settings → Data & privacy. Use it, or write your own equivalent.
  • Our Data Processing Agreement governs the detail of our processing. It carries the European Commission's Standard Contractual Clauses and the UK Addendum as annexes, and it is available on request at support@nesvo.co. Where it conflicts with these terms about personal data, the DPA controls.
  • The Privacy Policy explains what we collect, how long we keep it, and who our service providers are. It forms part of this agreement.

6. We do not train AI models on your data

We do not use your data, or your customers' data, to train any machine-learning model — ours or anyone else's. Not for our own improvement, not for a vendor's, not in aggregate, not de-identified.

Nesvo includes an in-app assistant that answers questions from our own documentation. It receives your typed question and our help articles. It has no access to your account, your analytics or your customers, and nothing you ask it is used as training data.

7. Fees, billing and top-ups

  • Shopify bills you, not us. All charges run through Shopify's app billing. We never handle your card details and never charge you directly.
  • Nesvo is a recurring monthly subscription. It renews every month until you cancel by uninstalling. The price, what is included, and the billing frequency are shown on our Shopify App Store listing and again on Shopify's own approval screen before you agree to anything.
  • We do not auto-charge and we do not auto-upgrade. If you reach 100% of your monthly email allowance, sending pauses. It does not silently bill you for more. You are warned at 80% of your allowance, and again by Shopify at 90%.
  • At the pause you may buy a top-up — additional emails at roughly half the tier's volume for roughly half the tier's price — or upgrade, or wait for your cycle to reset. Every top-up is a separate charge you approve on Shopify's own screen.
  • Consumed top-ups are not refundable. If you upgrade mid-cycle, Shopify automatically prorates the unused time; where that proration applies we waive any top-up credit rather than applying two discounts to the same change.
  • There is no free trial. The free plan is permanent, not a countdown, and nothing converts to a paid plan on its own.

Cancelling

You cancel by uninstalling Nesvo from your Shopify admin — the same place you installed it, in one step, with no email to us and nobody to talk to. Uninstalling ends the subscription; Shopify governs the final charge.

  • We do not refund unused time on a voluntary cancellation. Shopify does not prorate cancellations, and neither do we.
  • One exception, in your favour: if we terminate a paid account for the deliverability reasons in section 10, we issue a prorated refund of the unused days in that billing period, calculated as the monthly price divided by 30, multiplied by the days remaining. We issue it through Shopify's refund mechanism against your most recent charge. We never handle the money ourselves.
  • Formal invoices and refunds are Shopify's system of record. The billing history shown inside Nesvo is informational.
  • Downgrades take effect through Shopify, which handles any credit.

8. Consent and email law — the part that is not negotiable

We and you are both legally liable for the marketing email we send on your behalf. Under CAN-SPAM the penalty runs to tens of thousands of dollars per email, and it lands on the sender and the advertiser alike. Because we carry that exposure with you, several things are enforced by the software rather than left to your good intentions.

Enforced by us, and not adjustable:

  • Every marketing email carries your physical postal address, a working one-click unsubscribe link, and an unsubscribe header. The footer is injected when the email is rendered, outside the editable canvas. You can style within bounds. You cannot delete it, and neither can we on request.
  • You cannot activate sending without a verified physical postal address. A PO box or a commercial mail-receiving address is fine — you do not have to publish your home address.
  • Unsubscribes are honoured immediately and permanently. A person who unsubscribes is suppressed at once and is not re-added by making a purchase.
  • You cannot upload a list of email addresses for us to send to. There is no import path, deliberately. Our send path draws only from people who opted in through your store and confirmed. This is the single biggest reason a Nesvo merchant cannot damage the shared sending reputation, and it is not a feature we are missing — it is a feature we removed.
  • Your suppression list is visible to you but not editable by you. You can view every suppressed address and why it was suppressed, and export it. You cannot un-suppress anyone or add anyone manually.
  • Consent requires confirmation. Someone who signs up lands in a pending state and receives exactly one confirmation email. They only become emailable when they click the confirmation link or complete a purchase.

You represent and warrant that:

  • You have a lawful basis to email every person we send to on your behalf, and that their consent was obtained through your own store.
  • You have not used, and will not use, purchased, rented, scraped, appended or otherwise non-consented lists in connection with Nesvo.
  • Your content is honest — accurate subject lines, real offers, no deceptive headers or sender names.
  • You have the right to use everything you upload — images, copy, offers, brand marks.
  • You will bring your suppression list across at setup if you are migrating from another email provider.

Your responsibilities:

  • It is your responsibility to determine which email and privacy laws apply to you and to comply with them. They follow your recipients, not you: CAN-SPAM in the US, GDPR and PECR in the EEA and UK, CASL in Canada, the Spam Act in Australia, the Digital Personal Data Protection Act in India, and equivalent rules elsewhere.
  • Turn off your Shopify Email welcome and marketing automations, your theme's footer signup form, and any other popup app when you set Nesvo up. Two systems issuing coupons to the same person is a mess we cannot detect through Shopify's API and cannot fix for you.

And the part that runs both ways. Using a service to send on your behalf does not move the liability off you — and equally, our compliance does not cure yours. We build and enforce the mechanisms; the lawful basis for your marketing is yours. We are not responsible for your failure to comply with any law that applies to your sending.

9. Acceptable use

You may not use Nesvo to:

  • send to purchased, rented, scraped, appended or otherwise non-consented lists;
  • send anything unlawful, deceptive, defamatory, harassing, or infringing;
  • send on behalf of a business other than the one on the Shopify store where Nesvo is installed;
  • advertise categories that reliably generate abuse complaints and endanger a shared sending reputation — including sexually explicit material, illegal drugs, weapons, gambling where not lawfully licensed, cryptocurrency or investment schemes, work-from-home and get-rich-quick offers, and pharmaceuticals without the required authorisation;
  • attempt to bypass our sending limits, frequency caps, consent gates or suppression list;
  • probe, scan, reverse-engineer, or attempt to gain unauthorised access to any part of our systems, or to another merchant's data;
  • resell or white-label the service, or use it to build a competing product.

We may suspend an account immediately, without notice, where continued sending presents an urgent risk to our infrastructure or to other merchants.

10. Sending limits and deliverability enforcement

All Nesvo merchants send through shared infrastructure. One merchant's bad list damages everyone's delivery. So we monitor and act — and we act at thresholds tighter than the ones our providers enforce, to leave room to fix a problem before an inbox provider does something we cannot undo.

  • Each merchant is isolated as a separate sending tenant, with their own reputation measured on its own, so your sending does not sink another merchant's and theirs does not sink yours.
  • We monitor your bounce rate and complaint rate continuously. You can see both, and what they mean, on your reputation page.
  • Bounces. The first time your bounce rate crosses our threshold, we suppress the bad addresses and tell you. Nothing else happens; it heals with normal sending. If it crosses again on the next send after that cleanup, your unverified addresses are frozen out of all sending until they are verified.
  • Large broadcasts are sent in waves, with the bounce rate checked between waves. If a wave trips the threshold, the broadcast pauses and you choose how to proceed on the reputation page.
  • Address verification, and who pays for it. Verification exists for one situation: a list imported from another tool that has never actually been mailed, where nobody knows how many addresses are still alive.
    • The first time this happens to you, we verify the next batch of your unverified addresses at our expense, through a third-party verification service. This is a one-time clean, once per merchant.
    • If your list is still generating bounces after that clean, we stop and give you the choice. One option is paying to verify the remainder, charged at exactly what the verification service charges us, with no margin added, as a one-time charge you approve on Shopify. We will never charge you for verification automatically, and nothing is verified until that charge is confirmed.
    • Verification reduces bounce risk. It does nothing about complaints, and we will never offer it to you as a fix for a complaint problem.
  • Complaints. Below our first band, nothing happens. In the middle band you are notified. Above it, you are notified again, more urgently. If your complaint rate crosses our pause threshold, your account enters quarantine.
  • Quarantine runs for four weeks, or until your rate falls below our green threshold, whichever is longer. During quarantine your automated campaigns keep sending to your engaged, verified customers — that continued clean sending is what repairs the rate — while your unverified addresses are frozen and manual broadcasts are halted. Your subscription continues and you keep the analytics half of the product throughout.
  • After reinstatement you are monitored for two months. Come through it cleanly and the strike stops counting toward immediate escalation, but it still counts on a rolling twelve-month tally.
  • Three strikes in any rolling twelve months, or any new trip during a monitoring period, closes your account automatically. There is no third quarantine. You are emailed when it happens, with the reason, the refund, and your 30-day export window.
  • Manual broadcasts are capped at two per rolling seven days. Scheduling ahead does not front-load the cap — it counts when a broadcast actually sends. This is separate from the per-recipient frequency cap that protects your subscribers. There is no holiday exception.
  • We also cap how often any one person hears from you — a minimum 24-hour gap between marketing emails and no more than three in a rolling seven days — with narrow exceptions for back-in-stock alerts, anniversary emails and VIP launch notices.

11. What happens on termination or uninstall

Whether you uninstall or we terminate:

  • Sending and data collection stop immediately. The retention period below is a data-deletion clock, never a grace period for continued sending.
  • You keep read and export access to your analytics for 30 days. Export what you want to keep.
  • Your data is purged. Shopify notifies us of an uninstall 48 hours after it happens — a window that exists so an accidental uninstall can be undone — and we complete the purge from there, well inside the 30 days Shopify allows. Personal data is hard-deleted; de-identified analytics may be retained; suppressed addresses are kept as one-way hashes so that "never email this person" survives, which protects those people as much as it protects us.
  • If we terminated a paid account under section 10, the prorated refund in section 7 applies.

12. Our access to your data

Our staff can access data in Nesvo for support, security, billing and legal compliance. Your customers' names, email addresses and addresses are masked by default in our internal tooling, enforced at the database level rather than in the interface.

Finding a customer and revealing their details are two separate steps. Searching your customers by name or email — which is how we locate the right record when you raise a dispute — is scoped to your store alone, returns masked results, and is logged. Unmasking a single record then requires a deliberate, permission-gated action with a recorded reason, and writes its own audit entry. It exists for disputes you escalate to us.

Our internal tooling cannot alter your data. Where we need to act on your account, it records an instruction the app carries out, and that boundary is enforced by database permissions. Full detail is in the Privacy Policy.

13. Support, and what you send us

Support is by email, asynchronously, at support@nesvo.co. There is no live chat — we would rather not promise staffing we do not have. The in-app assistant answers questions from our documentation and has no access to your account or customer data.

Email us from an address on your Nesvo account. We match the sender against the accounts on your store. If it matches, we know who you are, which store you mean, and what your role lets you do, and we can talk about your account. If it does not match, we will still answer you — but only about how the product works. We will not discuss your account, your billing or your customers with an address we cannot verify, because we have no way to know who is asking.

Your role also governs what we can help with. If you ask us about something your role cannot do — billing, users and roles, account settings — we will tell you who on your account can, rather than acting on it ourselves.

If you send us customer personal information in a support message, that information is outside our masking controls and the responsibility for disclosing it is yours. It arrives as an email, becomes a ticket readable by whoever handles it, and the original message is stored for 90 days so that attachments remain available. We cannot prevent it and cannot retroactively mask it. Identify customers by order number or Shopify customer ID where you can.

14. Availability

We aim for continuous service and we do not guarantee it. Sync depends on Shopify's API, delivery depends on Amazon SES, and the app depends on our hosting provider — none of which we control. Planned and unplanned interruptions happen.

During a sending outage, the app continues to work and queued emails are held rather than lost. Service status is published on a status page hosted away from our own infrastructure, so that it stays up when we do not; the link is available in the app.

We may change, add or remove features. We will not remove something you depend on without notice where we can avoid it.

15. Third-party services

Nesvo depends on Shopify, Amazon Web Services, and the other providers named in our Privacy Policy. Your use of Shopify is governed by your agreement with Shopify. We are not responsible for their acts, outages or decisions — including a decision by an inbox provider to filter your mail, which no email provider can guarantee against.

16. Events outside our control

Neither of us is liable for a failure or delay caused by something beyond our reasonable control — including an outage or change at Shopify, Amazon Web Services, or any other provider we depend on; a change in law; an inbox provider's filtering or blocking decision; a network or infrastructure failure; a cyber attack; industrial action; or a natural disaster. Where such an event continues for a prolonged period, either of us may end this agreement.

17. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS;
  • ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY DATA, ANALYTIC OR RESULT THE SERVICE PRODUCES;
  • ANY WARRANTY THAT ANY EMAIL WILL BE DELIVERED, OPENED, OR REACH ANY PARTICULAR INBOX.

Analytics are not financial advice. Profit and margin figures are calculated from the cost data you provide. If your cost data is wrong or incomplete, the figures will be wrong, and we deliberately show nothing rather than a fabricated number when costs are missing. Do not make tax, accounting or financing decisions on our numbers without checking them.

18. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business or lost data, however caused and on any theory of liability, even if advised of the possibility.

Our total aggregate liability for all claims arising out of or relating to this agreement is limited to the amount you paid us in the twelve months before the claim arose — which, on a free plan, is nothing.

These limits do not apply to either party's liability for: fraud or fraudulent misrepresentation; wilful misconduct; gross negligence; death or personal injury caused by negligence; your indemnification obligations under section 19; your breach of sections 8 or 9; or any liability that cannot lawfully be limited or excluded.

Nothing in this agreement excludes or limits any liability that cannot lawfully be excluded or limited.

19. Indemnification

You will defend, indemnify and hold harmless NESVO LLC and its officers, members, employees and agents from and against any third-party claim, demand, loss, liability, damage, cost or expense — including reasonable legal fees — arising out of or related to:

  • your data and your content, including anything you upload or send;
  • your sending practices, your lists, and any claim brought by a recipient of an email sent on your behalf;
  • your violation of any email, privacy or consumer-protection law, including CAN-SPAM, GDPR, PECR, CASL and their equivalents;
  • your breach of section 8 or section 9;
  • your infringement or misappropriation of any third-party right;
  • your customers' personal data being processed on your instructions where you did not have the right to give those instructions.

We will give you reasonable notice of any such claim and may participate in the defence with our own counsel at our own expense.

20. Disputes

Talk to us first. If something goes wrong, email support@nesvo.co with a description of the problem and what you want done about it. We will do the same in reverse. Neither of us starts legal proceedings until 30 days after that notice, so there is a real chance to resolve it without lawyers. This does not stop either party from seeking an injunction where one is genuinely urgent.

NO CLASS ACTIONS. You and we each agree that any claim will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. You knowingly and voluntarily waive any right to participate in a class action against us, and we waive the same right against you.

There is no arbitration clause in this agreement. Disputes go to court, in the venue named in section 21.

21. Governing law and venue

This agreement is governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules.

The state and federal courts located in New Jersey have exclusive jurisdiction, and both parties consent to that jurisdiction and venue.

Where you are established in the EEA or the UK, nothing here removes any protection of your local law that cannot be contracted away, and the Standard Contractual Clauses in our Data Processing Agreement carry their own governing law for transfer matters, which takes precedence for those matters.

22. Changes to these terms

We will update these terms as the product changes. Material changes will be notified in-app or by email before they take effect. Continuing to use Nesvo after that is acceptance. If you do not accept, uninstall.

23. Notices

Notices to us go to support@nesvo.co, or by post to NESVO LLC, 83 Crease Road, Budd Lake, New Jersey 07828, United States.

Notices to you go to the account email on your Nesvo account, or appear in the app. Keep that address current — a notice sent to the address on your account counts as delivered.

24. Survival

These sections survive the end of this agreement, however it ends: section 4 (our property and your feedback), 5 (data responsibility), 6 (no model training), 11 (what happens on termination), 17 (disclaimer of warranties), 18 (limitation of liability), 19 (indemnification), 20 (disputes), 21 (governing law), 23 (notices), this section, and 25 (general).

25. General

  • If any provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest survives.
  • You may not assign this agreement without our consent. We may assign it in connection with a merger, acquisition or sale of assets.
  • These terms, the Privacy Policy and, where applicable, the Data Processing Agreement, are the entire agreement between us about Nesvo, and replace anything said before.
  • No waiver of any term is implied by our not enforcing it on any occasion.
  • Nothing here makes either of us the other's partner, agent, employee or joint venturer.
  • There are no third-party beneficiaries to this agreement.

26. Contact

NESVO LLC
83 Crease Road
Budd Lake, New Jersey 07828
United States

support@nesvo.co