Terms of Service

Effective September 28, 2026

Agreement and eligibility

These Terms of Service ("Terms") are an agreement between you, on behalf of the business you represent ("merchant," "you"), and SuperBoom, Inc., a Delaware corporation ("SuperBoom," "we," "us"). By creating an account or using SuperBoom, you agree to these Terms. SuperBoom is a business-to-business service: you must be using it on behalf of a business (such as a Shopify store), you must be at least 18 years old, and you must have the authority to bind that business to these Terms. The service is offered to merchants established in the United States; if your business is established elsewhere — in particular in the European Economic Area or the United Kingdom — see the "International transfers" section of our DPA before using the service.

The service

SuperBoom connects to a merchant's Shopify store and builds, writes, and sends email marketing automations (such as welcome, abandoned-cart, post-purchase, and win-back flows) using AI-assisted setup and a fixed catalog of automation templates, plus scheduled campaigns and behavioral automations. The service also provides analytics on message and flow performance.

To power behavioral features, SuperBoom installs a Shopify Web Pixel on your storefront that collects standard commerce events (pages, products and collections viewed, searches, cart and checkout activity). Collection is gated by Shopify's customer-privacy framework: where your storefront's Shopify privacy settings require consent for a visitor's region, Shopify does not load the pixel until that visitor consents; where your settings do not require consent, the pixel runs by default — configuring those settings correctly for the jurisdictions you sell into is your responsibility (see the DPA). Anonymous events are automatically deleted within approximately 90 days. Details of what's collected and how it's used are in our Privacy Policy.

AI-generated content

SuperBoom generates marketing copy and creative for you with AI. Content for your template automations is generated during setup, and you approve it once, when you launch. After that, SuperBoom runs your marketing without asking you to approve each message; when you edit a message yourself, your version is what is sent from then on, including in place of any AI-composed version of it. Behavioral messages may be composed automatically at trigger time and sent without a separate approval, always under fixed guardrails: they never include a discount you did not set, since discount values come only from ranges you set; they are written from your own product catalog and brand settings and are checked automatically for claims we do not allow, such as prices; and a shopper waits out a cooldown before receiving another one of the same kind. If composition fails or doesn't pass those checks, your pre-approved content is sent instead. The first composed messages for your store are flagged in the app so you can look them over, and you can review any composed message and reject it after the fact, after which the rest of that sequence uses your pre-approved content. You're responsible for the content sent from your account, including AI-generated content sent under the settings you've approved or configured.

AI-generated content is produced by a statistical model: it may be inaccurate, incomplete, or unsuitable for your purposes despite our validation layers, and similar content may be generated for other users. Review what the service generates for you. Your data is not used to train AI models — neither by SuperBoom nor, under our agreement with our AI provider, by the provider (see our Privacy Policy).

Accounts

You're responsible for the accuracy of the information you provide, for safeguarding your account credentials, and for all activity under your account. Notify us promptly at support@superboom.ai if you suspect unauthorized use.

Acceptable use and sending standards

SuperBoom sends email on a shared sending infrastructure, and protecting that infrastructure's deliverability protects every merchant on it. By using the service, you warrant and agree that:

  • Every recipient of marketing email you send through SuperBoom has given consent to receive it, consistent with applicable law and with SuperBoom's own opt-in requirements. Consent standards depend on the recipient's jurisdiction, not only yours — for example, Canada's Anti-Spam Legislation (CASL) requires express consent with records, and implied consent there expires — and you are responsible for meeting the standard of each recipient's jurisdiction. You will keep records sufficient to demonstrate each recipient's consent and will provide proof of consent to SuperBoom on reasonable request.
  • You will not upload, import, or otherwise use purchased, rented, borrowed, scraped, harvested, or publicly collected email lists; lists provided by or shared with any third party (including co-registration); role or distribution addresses; or any list of recipients who have not affirmatively opted in to hear from you. List import is available only to accounts that have reached the required sending-reputation tier, and imports require an opt-in attestation.
  • You will not use deceptive subject lines, misleading sender information, or forged headers.
  • You will not use the service to send content unrelated to your own store — for example, third-party advertising you've been paid to distribute — and you will not attempt to evade reputation controls by splitting sending across multiple accounts, stores, or domains, or by cycling a list through multiple email providers to launder its quality.
  • You will not generate artificial storefront or checkout activity (for example, scripted or fabricated checkouts) to trigger sends, and you will not interfere with or misconfigure consent mechanisms to cause tracking or sending without a valid basis.
  • You will provide and keep current a valid physical postal address for your business, which SuperBoom includes in marketing messages as required by the CAN-SPAM Act and CASL, and you warrant that address remains valid for at least 60 days after any message in which it appears.
  • You will maintain a publicly accessible privacy policy for your storefront that accurately discloses your data practices, including the storefront tracking performed by SuperBoom's Web Pixel.
  • You will not use the service to promote content or products that are illegal, that promote hate or violence, or that primarily advertise products a minor cannot lawfully purchase (such as alcohol, tobacco or vape products, firearms, or gambling) — some states require registry scrubbing for such email that SuperBoom does not perform. High-deliverability-risk categories (such as cryptocurrency promotions, multi-level marketing, affiliate marketing as a primary business, or pharmaceuticals) require our prior written approval — ask us at support@superboom.ai before sending.
  • You will not submit sensitive personal data to the service — it is not designed for it (see "Sensitive data" in the DPA).

To enforce these standards and protect deliverability for everyone, SuperBoom:

  • Automatically suppresses recipients who unsubscribe, bounce, or complain, and honors those suppressions instantly.
  • May throttle or cap a merchant's sending volume while their sender reputation is being established, or if their complaint or bounce rates approach thresholds that put shared infrastructure at risk.
  • May suspend a merchant's sending, or their account, for breach of the standards in this section or for complaint or bounce rates that put the shared sending infrastructure at risk. We're transparent about what we monitor — complaint rates, bounce rates, engagement — though not exact enforcement thresholds.

Merchant content and data

You own the content and data you provide or that we collect on your behalf from your Shopify store (your "merchant content"). You grant SuperBoom a license to access, store, and process merchant content solely to provide, maintain, and improve the service, consistent with our Privacy Policy and our Data Processing Addendum.

Aggregated and De-identified Data

SuperBoom may create and use aggregated and/or de-identified data derived from your use of the service — including sending outcomes, engagement statistics, and commerce metadata — for benchmarking, and for improving and developing our services. This right is subject to the following commitments:

  • The data is de-identified such that it does not identify you, your store, or any individual, and we will not attempt to re-identify it.
  • Aggregates are produced only across a minimum cohort of multiple merchants, so no single merchant's specifics are ever discernible to another merchant.
  • Raw tenant data is never shared between merchants.
  • This right survives termination of your account for data that has already been aggregated or de-identified.

Fees and billing

SuperBoom is offered in pricing tiers billed monthly, each with included monthly allowances (such as email sending volume and, on applicable plans, AI-composed message volume). Current plans, allowances, and prices are shown on our pricing page and at plan selection. Depending on your plan, volume beyond an included allowance either pauses (marketing sends wait until you upgrade or your next cycle begins) or is billed as a usage charge at the rate disclosed when you approve the plan — usage charges are never applied without being disclosed up front. Unused volume does not roll over. Where a paid plan includes a trial period, its length is shown when you approve the plan, and the plan converts to a paid subscription automatically at the end of the trial unless you cancel or change plans first; the free plan does not include a trial.

For merchants on Shopify, billing is processed through Shopify's own billing system and appears on your Shopify invoice; you approve every plan — with its price and any usage-charge rate shown — on Shopify's plan-approval page, and you can cancel or change plans there or in-app at any time. SuperBoom separately applies a safety ceiling on usage charges for email sends: when those charges in a billing period reach approximately twice your plan price, marketing email sends pause until your next period begins or you upgrade. Text messages have their own ceiling, described under "SMS messaging" below. SuperBoom's own ceilings are the only limits on usage charges — Shopify's billing system does not apply a separate cap to them. Uninstalling SuperBoom cancels future charges, but does not cancel a charge already generated for your current Shopify billing cycle. Where SuperBoom is offered outside Shopify, billing is processed by our payment processors (such as Stripe). If we change the price or included allowances of a plan you're on, we'll notify you at least 30 days before the change takes effect, so you can decide whether to continue, change plans, or cancel. Fees are non-refundable except where required by law. Where the fault is ours — a failure on our side, a termination that shouldn't have happened, or a cancellation that didn't take effect — we'll put it right with additional service time on your plan rather than a cash refund.

SuperBoom offers a free plan, which carries additional conditions: it's available only to stores on a paid Shopify plan; it includes a limited automation set (abandoned-cart recovery only — it does not include campaigns or list imports) and a monthly sending cap, and when the cap is reached, marketing sends pause until your next cycle begins or you upgrade (the free plan never incurs usage charges); and emails sent on it include a "Powered by SuperBoom" footer. The free plan is otherwise subject to these Terms in full, including the acceptable use and sending standards and the sender-reputation controls described above. Behavioral event collection on all plans is subject to reasonable fair-use ceilings; we'll contact you before enforcing limits on genuinely unusual event volume.

SMS messaging

Where offered, SuperBoom's SMS (text message) channel is subject to the same acceptable-use and sending standards as email above, plus the following, specific to text messaging. SMS is never available on the free plan. Each paid plan includes a monthly allowance of SMS "credits"; the credits each plan includes, and the price of each credit beyond them, are shown on our pricing page and in the app when you choose your plan, before you approve it. A standard text message consumes a single credit; a longer message that your carrier splits into multiple transmission segments consumes a credit for each segment. Included credits reset each billing period, and unused credits do not roll over. SMS usage beyond your included credits is billed per credit as a usage charge through the billing mechanism described under "Fees and billing" above. The price of a credit is inclusive of the carrier costs of sending it — we do not add a separate carrier surcharge — and we'll give you the same advance notice before changing it as for any other change to plan pricing. SuperBoom does not send picture or multimedia (MMS) messages.

SMS usage charges have their own safety ceiling, separate from the one for email sends described under "Fees and billing" above. When SMS usage in a billing period reaches the ceiling shown on our pricing page for your plan, SuperBoom stops sending text messages until your next period begins or you upgrade; where a message has an email version and the recipient can receive email, it is sent as an email instead. Like the email ceiling, this ceiling is applied by SuperBoom itself; Shopify's billing system does not apply a separate cap to SMS usage charges.

You are responsible for the SMS-specific marketing consent your customers give in your store, on the same basis you are responsible for email consent under "Acceptable use and sending standards" above — SMS consent is a distinct consent record, tracked separately from email consent, and is never inferred from it. Sending text messages requires your business to be registered with the wireless carriers, a process commonly called "10DLC" registration; we file and manage that registration on your behalf using business details you provide, and your ability to send text messages does not begin until the carriers approve it, and may also depend on your sender-reputation standing — approval timing is set by the carriers, can range from several days to several weeks, and is outside our control.

Data Processing Addendum

Our Data Processing Addendum ("DPA"), which governs how we process shopper data on your behalf as your service provider/processor, is incorporated into these Terms by reference.

Termination and effect

You may cancel at any time via self-serve account deletion in-app, which cancels billing first and then erases your data, and you may export your data at any time — both as described in our Privacy Policy. The post-deletion retention carve-outs described there (suppression-list hash, billing records, compliance-receipt ledger) survive termination. We may suspend or terminate your account for breach of these Terms, in particular the acceptable use and sending standards above. Sections of these Terms that by their nature should survive termination — including Aggregated and De-identified Data, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General — survive.

Intellectual property

SuperBoom and its licensors own all right, title, and interest in the service — the software, automation templates, designs, and documentation — and nothing in these Terms transfers any of that to you. Your merchant content remains yours, as described above. If you send us feedback or suggestions, you grant SuperBoom a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

Beta features

Features identified as beta, preview, or early access are provided AS-IS, may change or be withdrawn at any time, and are excluded from any commitments elsewhere in these Terms while so identified.

Publicity

You grant SuperBoom a revocable right to use your store's name and logo to identify you as a customer on our website and materials; email support@superboom.ai to revoke it at any time and we'll stop within a reasonable period.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that email sent through the service will be delivered, opened, or acted upon, or that the service will be uninterrupted or error-free.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPERBOOM'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO SUPERBOOM IN THE 12 MONTHS PRECEDING THE CLAIM. SUPERBOOM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to indemnify and hold SuperBoom harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your content, your use of the service in violation of these Terms, or your violation of consent or anti-spam obligations to your recipients.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction and venue.

General

You may not assign these Terms without our prior written consent; SuperBoom may assign them in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you. Neither party is liable for delay or failure caused by events beyond its reasonable control — including outages of third-party platforms and infrastructure the service depends on (such as Shopify, Amazon Web Services, and hosting providers), internet failures, and other force majeure events — except for your payment obligations. If any provision of these Terms is held unenforceable, the rest remain in effect. These Terms, together with the documents they incorporate by reference (including the DPA and Privacy Policy), are the entire agreement between you and SuperBoom about the service. We may give notices via the service or to the email address on your account; you may give notice at support@superboom.ai or by mail to the address below. You represent that you are not located in, and will not use the service from, a jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll update the effective date above and, where appropriate, notify merchants directly.

Contact

Questions about these Terms: support@superboom.ai.

By mail: SuperBoom, Inc., 2829 N San Fernando Rd, Ste 427, Los Angeles, CA 90065, USA.