Version 2026-11-07. A store accepting for the first time accepts this version. For a store that accepted an earlier version, it takes effect on November 22, 2026, or when a staff member accepts it, if sooner (Section 13). Section 3.7 only adds to your rights, so it applies from publication. Earlier versions: 2026-11-06, 2026-11-05, 2026-11-04, 2026-11-02, 2026-10-29, 2026-10-21, 2026-10-20, 2026-10-14.
What changed from version 2026-11-06: you can download the list of Shoppers who joined Brummell from your store (Sections 3.1 and 3.7).
What version 2026-11-06 changed from version 2026-11-05: how we tell you about a change, when it takes effect and what you can do if you disagree (Section 13); price changes need your approval on Shopify's page (Section 13.7); feedback, what we may do with it, and its text now deleted within 30 days of an uninstall instead of after 3 years, with only coded reasons kept and no store name on them (Sections 8.10 and 12.2); competing products (Section 7); and Shopify's role (Section 15).
These Brummell Merchant Terms (the "Terms") are an agreement between Brummell, Inc., a Delaware corporation ("Brummell", "we", "us") and the business that installs or uses the Brummell app on a Shopify store (the "Merchant", "you"). They govern your use of the Brummell Shopify app, its theme blocks, app embeds and admin, any extension or feature described in the app, its merchant interfaces, and every Brummell server endpoint those components call (together, the "Service").
You accept these Terms when a member of your store's staff ticks "I accept the Brummell Merchant Terms on behalf of this store" in the Brummell app. The person who accepts confirms they have authority to bind the Merchant. Electronic acceptance has the same effect as a signature. We record the version, the time, the store and the staff account that accepted, and we keep a copy of every version of these Terms at the address above.
The Service shows outfit suggestions built from your products on your storefront, measures their effect, and offers related features described in the app. When a Shopper signs in with their Brummell Account on your storefront and Brummell's closet features are on for your store, the Service may show that Shopper one or more pieces from their own closet inside Brummell's blocks. Those pieces are shown only to that Shopper, on that Shopper's own browser, and only while they are signed in.
Closet features are on by default for your store once you accept these Terms. You can turn them off at any time in the app's settings.
Where available, if the Lookbook feature is on your plan and you place its block, the Service may show Member Looks on your product pages: outfits that Brummell members chose to show on your store, containing a product they bought from you. Brummell decides which Member Looks appear and shows them inside a frame served from Brummell's own domain. You can hide any Member Look in the app. You cannot add, edit, caption or reorder them.
3.1 No rights granted. Shopper Data is the Shopper's own information, which Brummell processes as controller for the Shopper. These Terms grant you no right, title, license or interest in any Shopper Data, and, apart from the Joined Shopper List (Section 3.7), nothing in the Service is a disclosure of Shopper Data to you. Shopper Data shown in Brummell's blocks is displayed by Brummell to the Shopper, through your storefront, as part of a service the Shopper asked for.
3.2 Prohibited conduct. You must not, and must not permit or help any person, app, script or service to:
Section 3.2 does not restrict a person, including your staff, using their own Brummell Account as a Shopper. Section 3.2 does not restrict ordinary screenshots or recordings of your own storefront made for your own testing, provided you do not keep or use any Shopper Data they happen to show.
3.3 Recording and analytics tools. If your storefront runs analytics, heatmap or session-replay tools, you must configure them so they do not capture Brummell's blocks. Brummell marks its blocks with the masking attributes those tools commonly recognise. If Shopper Data is captured anyway, you must:
Capture by such a tool that was not set up to target Brummell's blocks is not by itself a breach of Section 3.2(a), as long as you comply with this Section 3.3. Any use of what was captured, keeping it beyond the 10 days, or not complying with this Section 3.3 is a breach.
3.4 Your own data stays yours. These restrictions do not limit what you may do with your own customer and order data collected through Shopify or your own systems, even if it concerns the same person.
3.5 Data protection roles. Brummell is an independent controller of Shopper Data. Where a data protection law treats you as a joint controller for any step, for example because Brummell's code runs on your storefront, Brummell is responsible for informing Shoppers and for answering their requests about Shopper Data, and you must pass any such request to privacy@brummell.tech without delay. Nothing in this Section gives you any right to Shopper Data.
3.6 Member Looks. Member Looks are Shopper Data, and everything in Sections 3.1 to 3.5 applies to them. In addition:
3.7 Joined Shopper List. The Brummell admin lets you download a list of Shoppers who joined Brummell from your store after being told your store can see their email: each Shopper's email address, when they joined and where on your store they joined (the "Joined Shopper List"). Brummell gives you the list so that customer data collected through your storefront is accessible to you, as Shopify requires. For the copy you download:
We stop listing a Shopper who deletes their Brummell Account or is covered by a redaction request. We can't reach the copies you've already downloaded.
Brummell uses technical measures to keep Shopper Data from being retained outside the Service. Examples: showing closet pieces and Member Looks inside a frame served from Brummell's own domain, isolated from your storefront's page; images served through short-lived signed links that never expose a storage location; no names, brands or sizes of closet pieces; a limit on how many pieces any store can show a Shopper; and rate limits. These measures are not a license. That a measure can be bypassed does not make bypassing it permitted. We may change these measures at any time, as long as the change does not reduce the overall protection of Shopper Data.
If we reasonably believe you or someone acting for you has breached Section 3, then within 10 business days of our written request you must:
We may also verify compliance by technical means, for example by monitoring how Brummell's endpoints and links are used.
6.1 Suspension and termination. Any breach of Section 3 is a material breach. We may immediately suspend the closet features, the Lookbook or the whole Service for your store, and may terminate these Terms on notice.
6.2 Injunctive relief. You agree that a breach of Section 3 would cause Brummell and Shoppers irreparable harm for which money damages would not be an adequate remedy. Brummell is therefore entitled to seek injunctive or other equitable relief, in addition to any other remedy, without having to prove actual damages. To the extent the law allows, no bond is required.
6.3 Damages and costs. You are liable for all damages, losses, fines, penalties and costs that arise from your breach of Section 3, including reasonable attorneys' fees and the costs of notifying Shoppers or regulators. If Brummell prevails in any action to enforce Section 3, you will pay its reasonable attorneys' fees and costs.
6.4 Indemnity. You will defend, indemnify and hold harmless Brummell, its members, officers and personnel from any third-party claim, regulatory action or demand arising out of your breach of Section 3, including claims by Shoppers.
6.5 No cap. The limitation of liability in Section 11 does not apply to your obligations under Sections 3, 5 and 6.
While these Terms are in effect, Brummell grants you a limited, non-exclusive, non-transferable, revocable license to use the Service and to display Brummell Content on your storefront through the Service, for your own store only. You must not copy, extract, republish or reuse Brummell Content outside the Service, or use Brummell Content or Brummell's non-public information to build a competing product. Nothing in this Section stops you from building or using a competing product in any other way. Brummell owns the Service, Brummell Content and all related intellectual property.
8.1 Your rights. You keep all rights in Merchant Data.
8.2 License to Brummell. You grant Brummell a non-exclusive, worldwide, royalty-free license, for as long as these Terms are in effect, to host, copy, process, adapt (for example by resizing, trimming or re-encoding images) and display Merchant Data to provide, secure and measure the Service for you. This includes showing your products, and looks you choose to publish, inside the Brummell mobile app with a link back to your store. Looks you unpublish, and your products after you uninstall, are removed from the Brummell app within a reasonable time, and in any case within 30 days.
8.3 Your warranty. You confirm you have the rights needed to grant the license in Section 8.2, including in product images and trademarks, and that Brummell's use of Merchant Data as these Terms allow will not infringe anyone's rights.
8.4 Improving the Service. Brummell may use Merchant Data to improve the Service only in aggregated or de-identified form that does not identify you, your customers or any person, and never Customer Personal Data in identifiable form. Section 8.8 covers publishing statistics.
8.5 Customer Personal Data. Where Brummell processes Customer Personal Data on your behalf, it acts as your processor and service provider under the Data Processing Terms in Annex A, which form part of these Terms.
8.6 Security. Brummell maintains reasonable administrative, technical and physical safeguards designed to protect Merchant Data and Shopper Data against unauthorised access, loss or disclosure, appropriate to the nature of the data. If Brummell becomes aware of a security incident that affects your Merchant Data, it will tell you without undue delay, and where feasible within 72 hours, with the information you reasonably need to meet your own obligations.
8.7 Models you upload. Where your plan includes it, you may upload a photo of a real person (an "Uploaded Model") so the Service can make AI images of that person wearing your products and publish them in the Brummell app. You confirm the points below each time you upload, in the app, and you agree to them here for every Uploaded Model:
8.8 Statistics across stores. Brummell may publish statistics that combine results from many stores using the Service, for example the average change in add-to-cart rate on pages that show Brummell's blocks. Every statistic we publish:
We publish statistics only from data collected after you accepted a version of these Terms containing this Section 8.8.
You can ask us to leave your store out of published statistics at any time by writing to support@brummell.tech. We then leave it out of every statistic we publish after we receive your request; statistics already published are not withdrawn.
8.9 AI images. Pictures the Service makes of products on a model, preset or Uploaded, are AI-generated. Brummell labels them as such wherever it shows them, and you must not present them, or allow them to be presented, as photographs of a real event. Brummell does not warrant that an AI image shows your product's colour, fit or detail accurately.
8.10 Feedback. Feedback you send us (messages from the app, your uninstall reasons, anything you write on Shopify's uninstall form or in a reply to us) is not Merchant Data under these Terms. We may use it to improve the Service, without paying you, and we don't have to keep it confidential. We may do this only while we hold it: Section 12.2 says when we delete it. Please don't name your customers or staff in feedback.
You are responsible for:
Features marked as pilot, beta or early access may change or be withdrawn without notice and are excluded from Section 8.6's incident timing.
You must not misrepresent Brummell features to Shoppers.
10.1 Plans. Paid plans are billed through Shopify at the prices shown in the app when you subscribe. Design-partner pilots may be unbilled for the period we agree in writing. Trials are as shown in the app and on Shopify's approval page, once per store. Fees exclude taxes, which Shopify collects where it is required to.
10.2 Usage charges. Some use is billed per unit through Shopify's usage billing, at the rates shown in the app and on Shopify's approval page: product views past your plan's monthly views, and try-ons past your plan's included try-ons. You are charged for usage only after you approve it on Shopify's page, and never past the total amount you approve there (the "capped amount"), which covers both kinds of usage charge together. Raising the capped amount needs your approval on Shopify's page again. You can turn pay as you go off in the app at any time. When it's off, or when a limit is reached, Brummell stops showing past your plan's views (or stops extra try-ons) until your billing cycle resets. This also applies on the Free plan if you choose to turn on pay as you go there; the Free plan itself has no monthly fee.
10.3 Your own limit. In the app you can set a monthly limit for either kind of usage charge that is lower than the capped amount. We never bill past the limit you set.
10.4 Product views. A product view is one page view on your store where Brummell showed at least one block, however many blocks that page showed. Extra views are billed in whole thousands, once a day; a partial thousand is never billed, including at the end of a billing cycle. We limit how many views from one network address can count in an hour, but we can't tell every automated visitor from a shopper as it happens. You can see this cycle's views and charges in the app.
10.5 Automated traffic. If we identify that product views we billed you for came from bots or other non-human traffic, we refund the charges for those views through Shopify, whether or not you asked.
10.6 Disputes about usage. If you think a usage charge is wrong, tell us within 60 days of the charge at the address in Section 16. We'll review it against our records and refund or credit, through Shopify, any amount we find was charged in error.
10.7 Fees are non-refundable except under Sections 10.5 and 10.6, or where Shopify's billing rules or applicable law require otherwise.
11.1 The Service is provided "as is". To the extent the law allows, Brummell disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Brummell does not promise any increase in sales, conversion or order value.
11.2 Except for the obligations excluded in Sections 6.5 and 8.7(f), and Brummell's obligations under Section 11.4, which have their own cap, and to the extent the law allows:
11.3 Section 11.2 does not limit either party's liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.
11.4 Brummell's IP indemnity. Brummell will defend you against a third-party claim that the Service, as provided by Brummell and used as these Terms allow, infringes that party's United States patent, copyright or trademark, and will pay the damages finally awarded or agreed in settlement, provided you notify us promptly, let us control the defence and cooperate. This does not cover claims arising from Merchant Data, Uploaded Models, your modifications, or combinations with things Brummell did not supply. If a claim is likely, Brummell may modify or replace the Service or, failing that, terminate and refund prepaid fees for the unused period. This Section is your sole remedy for infringement. Brummell's liability under it is capped at the greater of the fees you paid in the 12 months before the claim and US$10,000.
These Terms apply from acceptance until you uninstall the app or either party terminates them. Either party may terminate for convenience by uninstalling the app or with 30 days' written notice. On termination, your license ends.
12.1 Reinstalling. If you reinstall the app, a staff member accepts these Terms again in the app, even if your store accepted the same version before. Until then, features that need acceptance, such as closet features, stay off for your store. We keep a record of your earlier acceptances (Section 12.2(b)).
12.2 What happens to your data when you uninstall. About 48 hours after you uninstall, Shopify asks us to erase your store's data and we do. Two things are not erased, and we tell you about both in the app: (a) a setup backup the app keeps on your own store, in a shop field named "Brummell setup backup" (your settings, pinned pairings, product and department rules, Brand Look drafts and a monthly summary of Brummell's results, never anything about a Shopper). It is your data on your store; we read it only to restore your setup if you reinstall, and you may delete it at any time in Shopify. (b) Our own record of our commercial relationship with you (your plan and any agreed terms, whether you have used a trial, your acceptances of these Terms, and that month's usage counts), which we keep for 3 years after the erasure to honour those terms if you return and to keep accurate records, and then delete. Feedback your store gave us (messages sent from the app, your uninstall reasons, and anything you wrote on Shopify's uninstall form or in a reply to us) is deleted within 30 days after you uninstall, with your store's name. Until then, from the erasure on, your store's name on it is replaced by a one-way hash and email addresses and phone numbers in the text are masked; masking works by pattern, so a name written in a sentence can remain for those days. What stays afterwards is the reason you picked on Shopify's form and our own category for it, with no store name or other store key attached. If you reinstall before the erasure, your feedback stays while your store is installed. The deletion doesn't reach our own notes on what you told us, copies in our email, or database backups until they age out.
The following survive termination: Sections 3, 5 and 6; the ownership terms and restrictions in Section 7; Sections 8.3, 8.7(f), 8.9, 11 (including 11.4), 13 and 14; Annex A for as long as Brummell holds Customer Personal Data; and any obligation to delete Shopper Data. Section 3 has no end date.
13.1 What counts as material. We may update these Terms. A change is material if it takes away or reduces a right you have, adds to what you must do or pay, changes Section 11, or lets us keep or use your data for longer or for more purposes. Other changes are not material, for example correcting a mistake, terms for a new feature that apply only if you choose to use it, or a change that only adds to your rights or narrows your obligations. A change that is not material takes effect when we publish it.
13.2 Notice. For a material change we tell you at least 15 days before it takes effect, in the app and by email to your store's contact email on Shopify. The notice says what changed and the date it takes effect. The period can be shorter only to the extent the law requires the change sooner, or the change is needed to protect Shoppers or the security of the Service. We then tell you as soon as we reasonably can.
13.3 Between notice and effect. We publish the new version at the address above with its effective date. If your store accepted an earlier version, that version keeps applying until the effective date, or until a staff member accepts the new version, if sooner. A store accepting for the first time accepts the version published at that moment.
13.4 How a change binds you. Continuing to use the Service after a material change takes effect means you accept it, with one exception: a change to Section 3, 5, 6, 11 or 14, or one that adds an indemnity, binds you only once a staff member accepts the new version. Until then the version you accepted continues to apply, and if the change is to Section 3, 5, 6 or 14, features that depend on acceptance, such as closet features, stay off for your store. This exception does not apply to a change that only adds to your rights or narrows your obligations. If you don't accept, either party may end these Terms under Section 12.
13.5 If you disagree. You can uninstall at any time before the effective date (Section 12). The change then never applies to you, and what happens to your data follows the version that applied to your store when you uninstalled.
13.6 What a change doesn't reach back to. A change does not apply to a claim that arose before it took effect. A change that lets us keep or use your data for longer or for more purposes applies only to data we receive after it takes effect, unless a staff member accepts it.
13.7 Prices and plans. Plan fees and usage rates are approved on Shopify's page, and continuing to use the Service is never approval of a higher one. We change your plan's fee or a usage rate only with your approval on Shopify's page. If you don't approve, your store stays on what you approved until we end that plan for your store on at least 15 days' notice, and your store then moves to the Free plan. Reducing what a paid plan includes is a material change.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. The state and federal courts located in New York County, New York, have exclusive jurisdiction, and both parties consent to personal jurisdiction there. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction.
These terms apply where Brummell processes Customer Personal Data on your behalf (for example order line items for features you turn on, and data handled through Shopify's data-protection webhooks).
A.1 Instructions. Brummell processes Customer Personal Data only to provide the Service and on your documented instructions, which are these Terms, your settings in the Service, and Shopify's data-protection webhooks, unless the law requires otherwise; in that case Brummell will tell you first unless the law forbids it. The subject matter, nature and purpose of the processing are the features described in the app; the duration is the term of these Terms plus the deletion period in A.7; the data concerns your customers and may include identifiers, contact details and order details.
A.2 Confidentiality. Brummell ensures that people it authorises to process Customer Personal Data are bound by confidentiality.
A.3 Security. Brummell applies the safeguards in Section 8.6, including measures appropriate under Article 32 of the GDPR where it applies.
A.4 Sub-processors. You authorise Brummell to use the sub-processors listed at https://app.brummell.tech/privacy. Brummell will update that list at least 15 days before adding or replacing a sub-processor, and you may object on reasonable data-protection grounds by writing to privacy@brummell.tech; if we cannot resolve the objection, you may terminate these Terms. Brummell imposes data-protection obligations on each sub-processor that are no less protective than these and remains responsible for their performance.
A.5 Assistance. Taking into account the nature of the processing, Brummell will help you, by appropriate measures and at no extra charge where reasonable, to respond to requests from individuals exercising their rights, and with security, breach notification, data protection impact assessments and consultations with regulators.
A.6 Incidents. Brummell will notify you of a personal data breach affecting Customer Personal Data as described in Section 8.6.
A.7 Deletion. When these Terms end, or when Shopify sends a shop redaction request for your store, Brummell deletes Customer Personal Data within 30 days, unless the law requires it to keep some of it.
A.8 Information and audits. Brummell will make available the information reasonably necessary to show compliance with this Annex and will allow and contribute to audits, including inspections, by you or an auditor you appoint, no more than once a year, on 30 days' notice, at your cost, and subject to reasonable confidentiality terms.
A.9 International transfers. Brummell processes data in the United States. Where the GDPR, the UK GDPR or Swiss data protection law applies to a transfer of Customer Personal Data to Brummell, the Standard Contractual Clauses approved by European Commission Decision 2021/914 (Module Two, controller to processor) are incorporated by reference, with Clause 7 not used, Option 2 of Clause 9(a) with the notice period in A.4, the optional language in Clause 11 not used, Clause 17 Option 1 with the law of Ireland, Clause 18 with the courts of Ireland, and Annexes I and II completed by this Annex and Section 8.6. For UK transfers the UK International Data Transfer Addendum applies, and for Swiss transfers the clauses are read with the necessary adaptations for Swiss law.
A.10 US state privacy laws. Where Brummell processes Customer Personal Data as a service provider or processor under the California Consumer Privacy Act or a similar US state law, Brummell will:
Brummell certifies that it understands these restrictions and will comply with them.