TERMS OF SERVICE
This Shopify app/extension called Smart SEO or simply the App or the Service is operated by Seven Spikes Ltd.. Throughout this Terms of Service page, the terms “we”, “us” and “our” refer to Seven Spikes Ltd.. Seven Spikes Ltd. offers the App, including all information, tools and services available from the App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By installing and using the App and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the App, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before installing or using the App. By installing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - APP TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the App, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your usage of the App.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service or the usage of the App to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App, use of the App, or access to the App or any contact on the website through which the App is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the App is not accurate, complete or current. The features and information of the App should not be relied upon or used as the sole basis for making decisions. Any reliance on the features and information on the App is at your own risk.
SECTION 4 - MODIFICATIONS TO THE APP AND PRICES
Prices for the App are subject to change. In the case of a price change you will be sent a one month notice to the email address registered on your Shopify website.
We reserve the right at any time to modify or discontinue the App (or any part or it thereof) at any time, in which case you will be sent a one month notice to the email address registered on your Shopify website.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the App.
SECTION 5 - APP AVAILABILITY
We reserve the right, but are not obligated, to not provide the App to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We do not warrant that the quality of the App, services, information, or other material obtained by you from us will meet your expectations.
The availability of the App depends on many factors, including some factors that are beyond Our control, such as Your connection to the Internet and the Internet backbone. We shall not be liable to You if You cannot use the App due to any reason. You are responsible for making sure your computer or mobile device has the right software to allow you to access and use the App.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 1 -7PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to feature or functionality descriptions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the app without prior notice (including after you have installed it).
We undertake no obligation to update, amend or clarify features or information in the App or about the App on any related functionality, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the App or on any related website, should be taken to indicate that all features and information in the App or on any related functionality has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App or of any related services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the App or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the App will be accurate, reliable or meet your expectations.
You agree that from time to time we may remove the App for indefinite periods of time or cancel the App at any time, giving you a one month notice.
You expressly agree that your use of, or inability to use, the App is at your sole risk. The App and all features, digital products and services delivered to you through the App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Seven Spikes Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the App or any products procured using the App, or for any other claim related in any way to your use of the App or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App or any content (or product) posted, transmitted, or otherwise made available via the App, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seven Spikes Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the App, or when you cease using the App or our services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the App (or any part thereof).
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the App constitutes the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you App or Services shall be governed by and construed in accordance with the laws of 38 Cvetna Gradina St., Sofia, 23, 1407, Bulgaria.
SECTION 16 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the App following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]