Cushion Terms of Service

Effective: 29 September 2026 · Version: 1.0

1. Acceptance of These Terms

By creating an account, connecting your Shopify store, or using any part of the Cushion service at app.cushioncashflow.com, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You are authorised to enter into this agreement on behalf of yourself or the business you represent
• You are at least 18 years of age
• Your use of Cushion complies with all applicable laws in your jurisdiction

If you do not agree to these Terms, do not use Cushion.

These Terms apply together with our Privacy Policy, which is incorporated by reference.

2. The Service

2.1 What Cushion Does

Cushion is a SaaS platform that connects to your Shopify store and uses your store's sales, inventory, and order data to generate cashflow forecasts and inventory planning insights. The service is provided on a subscription basis across three tiers: Core, Grow, and Scale.

2.2 Data Access is Read-Only

Cushion accesses your Shopify store data on a strictly read-only basis. We will never modify, delete, or write any data to your Shopify store. This includes your order data, product data, inventory data, and any commercial or financial transaction data associated with your orders.

2.3 Forecasts are Informational Only

Cushion's cashflow forecasts and inventory insights are generated algorithmically based on your historical store data. They are provided for informational and planning purposes only. Forecasts are not financial advice, investment advice, or accounting advice. Actual business outcomes will differ from any forecast.

2.4 Service Availability

We aim to provide a reliable service but do not guarantee uninterrupted or error-free access. We may carry out maintenance or make changes to the service at any time, and will use reasonable efforts to give advance notice of planned downtime. The service is provided "as is" — see Section 8.

3. Your Account

3.1 Registration

To use Cushion, you must create an account and connect a Shopify store. You agree to provide accurate, complete, and current information during registration and to keep it up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must not share your credentials with anyone else. You are responsible for all activity that occurs under your account. If you suspect unauthorised access, notify us immediately at support@cushioncashflow.com.

3.3 One Account per Store

Each Cushion subscription is associated with one Shopify store. Multiple stores require separate subscriptions (or contact us to discuss multi-store arrangements).

3.4 Business Use Only

Cushion is a business tool intended for use by Shopify merchants and their authorised personnel. The service is not intended for personal, domestic, or consumer use.

4. Shopify Data and Your Responsibilities

4.1 Granting Us Access

By connecting your Shopify store to Cushion, you grant us permission to access your store's data (orders, products, inventory, and associated commercial and financial transaction data) via Shopify's API on a read-only basis. You can revoke Cushion's access at any time through your Shopify Admin.

4.2 Cushion as a Data Processor

Where your Shopify store data contains personal data (for example, data about your customers that may be embedded in order records), Cushion processes that data on your behalf as a data processor. You remain the data controller for your customers' personal data and are responsible for ensuring your own collection and use of that data complies with applicable data protection law.

Cushion does not use your customers' personal data for any purpose other than delivering the Cushion service to you.

4.3 Your Compliance Obligations

You are responsible for:

• Ensuring you have the right to provide Cushion with access to your store data
• Your own compliance with applicable data protection, privacy, and consumer laws with respect to your Shopify customers
• Ensuring that any personal data embedded in your store is handled in accordance with your own privacy notices and legal obligations

5. Acceptable Use

You may use Cushion only for its intended purpose. You must not:

• Use Cushion to access, scrape, or extract data from Shopify stores other than your own, or in any manner that violates Shopify's terms of service
• Attempt to reverse-engineer, decompile, or disassemble the Cushion platform
• Resell, sublicense, or provide access to Cushion to third parties without our written consent
• Use Cushion to transmit viruses, malware, or other malicious code
• Use Cushion in any way that could damage, disable, overburden, or impair our infrastructure
• Use automated scripts or bots to access the Cushion platform (other than integrations we explicitly permit)
• Use Cushion to engage in any unlawful, fraudulent, or deceptive activity
• Attempt to gain unauthorised access to any part of Cushion's systems or to other users' accounts

We reserve the right to suspend or terminate your account for violations of these rules (see Section 11).

6. Billing and Subscriptions

6.1 Subscription Plans

Cushion offers Core, Grow, and Scale tiers on monthly or annual billing cycles. Current prices are displayed at cushioncashflow.com/pricing. We may change prices with at least 30 days' notice; changes will not affect your current billing period.

6.2 Payment

All payments are processed by Stripe. By subscribing, you authorise us (via Stripe) to charge your payment method on a recurring basis at the start of each billing cycle.

6.3 Auto-Renewal

Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date.

6.4 Cancellation

You may cancel at any time through your account settings. Cancellation takes effect at the end of your current paid billing period. No partial refunds are given for unused time within a billing period.

After cancellation, your account and associated data will be retained for 90 days, during which you may export your data. After 90 days, all data is permanently deleted.

6.5 Refund Policy

We do not offer refunds on monthly subscriptions. For annual subscriptions, if you cancel within 14 days of initial purchase and have not generated any forecasts, you may request a full refund by contacting support@cushioncashflow.com. We review all refund requests on a case-by-case basis.

6.6 Taxes

Subscription prices are exclusive of VAT unless stated otherwise. VAT will be added to invoices for UK customers at the applicable rate. Customers outside the UK are responsible for any taxes applicable in their jurisdiction.

6.7 Failed Payments

If a payment fails, we will notify you and may retry the charge. If payment remains outstanding after reasonable attempts to collect, we reserve the right to suspend access to your account.

7. Intellectual Property

7.1 Cushion's IP

Cushion and all content, features, code, algorithms, and functionality on the platform are owned by or licensed to Shirt in a Box Ltd and are protected by copyright, trade mark, and other intellectual property laws.

7.2 Your Data

You own your Shopify store data and any data you provide to Cushion. By connecting your store to Cushion, you grant us a limited, non-exclusive, royalty-free licence to access and process your store data solely to provide the Cushion service to you. This licence ends when you revoke Shopify access or delete your account.

7.3 Feedback

If you provide feedback or suggestions about Cushion, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use that feedback in any way we see fit, without obligation to you.

8. Warranties and Disclaimers

The Cushion service is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, including:

• That the service will be uninterrupted, error-free, or free from viruses
• That the service will meet your specific business requirements
• That forecasts or insights generated by Cushion will be accurate, complete, or reliable
• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement

You use the service entirely at your own risk. We strongly recommend independently verifying any financial projections or inventory decisions before acting on them.

9. Limitation of Liability

9.1 Cap on Liability

To the fullest extent permitted by applicable law, our total aggregate liability for any claim arising out of or relating to these Terms or your use of Cushion — whether in contract, tort, breach of statutory duty, or otherwise — will not exceed the greater of:

• (a) the total fees paid by you to Cushion in the twelve months immediately preceding the event giving rise to the claim; or
• (b) $100 (one hundred pounds sterling)

9.2 Exclusion of Consequential Losses

To the fullest extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including (without limitation):

• Loss of profits, revenue, or business
• Loss of anticipated savings
• Loss of or damage to data
• Loss of business opportunity or goodwill
• Losses arising from errors in cashflow forecasts or inventory recommendations

even if we have been advised of the possibility of such losses.

9.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

10. Indemnification

You agree to defend, indemnify, and hold harmless Shirt in a Box Ltd, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of Cushion in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights, including intellectual property or data protection rights
• Any claim by a third party arising from your use of your Shopify customers' data in connection with Cushion

11. Termination

11.1 Termination by You

You may cancel your account at any time through the app (see Section 6.4).

11.2 Termination or Suspension by Cushion

We may suspend or terminate your account immediately, with or without notice, if:

• You breach these Terms and, if the breach is capable of remedy, fail to remedy it within 14 days of being notified
• You fail to pay any amounts owed to us
• We are required to do so by law or by Shopify's platform terms
• We reasonably believe your account poses a security risk to the service or other users
• We decide to discontinue the Cushion service (in which case we will give at least 60 days' notice)

11.3 Effect of Termination

On termination, your right to use Cushion ends immediately. We will retain your data for 90 days in accordance with our Privacy Policy, after which it will be permanently deleted. Sections 7, 8, 9, 10, and 12 survive termination.

12. Governing Law and Disputes

12.1 UK Customers

These Terms are governed by the laws of England and Wales. Any dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.

12.2 US Customers

These Terms are still governed by the laws of England and Wales. If you are unable to bring a claim in an English court, any dispute may be resolved by binding arbitration under AAA rules rather than by court proceedings. This does not prevent either party from seeking emergency injunctive relief in any court of competent jurisdiction.

12.3 Dispute Resolution

Before commencing formal proceedings, both parties agree to attempt to resolve any dispute by good-faith negotiation for at least 30 days. Contact us at support@cushioncashflow.com.

13. Changes to These Terms

We will notify you of material changes by email at least 30 days before the changes take effect. We will also post a notice in the Cushion app. Your continued use of Cushion after the effective date constitutes acceptance of the changes. If you do not agree, cancel your account before the changes take effect.

14. General Provisions

14.1 Entire Agreement — These Terms (together with our Privacy Policy) constitute the entire agreement between you and Cushion regarding your use of the service.

14.2 Severability — If any provision is found invalid, illegal, or unenforceable, it will be severed and the remaining provisions continue in full force.

14.3 Waiver — Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.

14.4 Assignment — You may not assign your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

14.5 Force Majeure — Neither party will be liable for failure or delay due to circumstances beyond their reasonable control, including acts of God, pandemics, government action, or failure of third-party infrastructure (such as Shopify or Cloudflare outages).

14.6 Relationship of the Parties — Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship.

14.7 Notices — Notices to Cushion should be sent to support@cushioncashflow.com. Notices to you will be sent to the email address associated with your account.

Terms of Service v1.0 · Effective 29 September 2026
Cushion is operated by Shirt in a Box Ltd, trading as Cushion.