Terms of Service

These Terms of Service ("Terms") govern your access to and use of SmartOffer AI, a Shopify application that helps merchants recover abandoned carts using AI-generated personalized discount offers. By installing or using SmartOffer AI, you ("Merchant", "you", or "your") agree to be bound by these Terms.

If you do not agree with these Terms, you must uninstall the app and discontinue use immediately.

1. Eligibility

To use SmartOffer AI, you must:

• Be at least 18 years of age
• Operate a Shopify store with a valid Shopify subscription
• Have the authority to bind your business to these Terms
• Comply with all applicable laws and regulations in your jurisdiction

2. Description of Service

SmartOffer AI provides AI-powered cart abandonment recovery for Shopify merchants. The service includes:

• Real-time cart abandonment detection via Shopify Web Pixel
• AI-driven risk scoring and discount offer generation
• Margin-safe discount calculations based on your product costs
• Automated email delivery of personalized recovery offers
• Analytics dashboard for tracking offer performance and revenue recovery

We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice.

3. Account and Access

Access to SmartOffer AI is granted through the Shopify App Store installation process. By installing the app, you authorize us to:

• Access your Shopify store data within the authorized API scopes
• Install a Web Pixel on your storefront to detect cart abandonment signals
• Create and manage discount codes on your behalf
• Send emails to your customers for cart recovery purposes

You are responsible for maintaining the security of your Shopify account. Any actions taken through your account are your responsibility.

4. Pricing and Billing

SmartOffer AI is billed through the Shopify Billing API. By subscribing to a paid plan, you agree to the following:

• Subscription fees are billed on a recurring basis through your Shopify account
• All fees are non-refundable except as required by applicable law
• We may change pricing with 30 days' notice; continued use after the change constitutes acceptance
• Free trial periods, if offered, may be limited and subject to additional terms

You may cancel your subscription at any time by uninstalling the app from your Shopify admin. Cancellation takes effect at the end of the current billing period.

5. Acceptable Use

You agree not to use SmartOffer AI to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, misleading, or deceptive communications to customers
• Attempt to reverse-engineer, decompile, or extract source code from the app
• Interfere with or disrupt the integrity or performance of the service
• Use the service for any purpose other than legitimate cart recovery
• Resell, sublicense, or redistribute access to SmartOffer AI

We reserve the right to suspend or terminate your access if we reasonably believe you are violating these Terms.

6. Intellectual Property

All rights, title, and interest in SmartOffer AI, including its software, algorithms, AI models, branding, and documentation, remain the property of SmartOffer AI and its licensors.

You retain ownership of your store data, product information, and customer data. By using the service, you grant us a limited, non-exclusive license to process this data solely for the purpose of providing the service.

7. Data and Privacy

Your use of SmartOffer AI is also governed by our Privacy Policy, which describes how we collect, use, and protect your data and your customers' data.

You are responsible for ensuring that your use of SmartOffer AI complies with your own privacy policy and all applicable data protection laws (including GDPR and CCPA).

8. Disclaimers

SmartOffer AI is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Uninterrupted, timely, secure, or error-free operation
• Accuracy or reliability of any AI-generated recommendations or risk scores
• Any specific level of revenue recovery or conversion improvement

AI-generated discount offers are recommendations. You are ultimately responsible for the discounts offered to your customers and their impact on your margins.

9. Limitation of Liability

To the maximum extent permitted by applicable law, SmartOffer AI and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the service.

Our total aggregate liability for any claims under these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless SmartOffer AI, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• The discount offers delivered to your customers through the service

11. Termination

Either party may terminate this agreement at any time:

• You may terminate by uninstalling SmartOffer AI from your Shopify admin
• We may terminate or suspend your access for violation of these Terms, non-payment, or if required by Shopify or applicable law

Upon termination, your right to use the service ceases immediately. We will delete your data in accordance with our Privacy Policy retention schedule (typically within 48 hours of uninstall for most data).

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through a notice within the SmartOffer AI dashboard or by email. Your continued use of the app after such notice constitutes acceptance of the updated Terms. The "Last updated" date at the top of this page reflects the most recent revision.

13. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction in the jurisdiction where the company is incorporated.

14. Contact Us

If you have any questions about these Terms of Service, please contact us: