Terms and Conditions

Last updated: November 28, 2023

Please read these terms and conditions carefully before using Our Service.

Article 1. Interpretation, Definitions and Acknowledgment

1.1. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

1.2. For the purposes of these Terms and Conditions:

1.3. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

1.4. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

1.5. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

1.6. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

1.7. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1.8. If You fail to comply with cl. 1.5., 1.6., 1.7. of these Terms and Conditions, You shall stop using Our Service. The Company does not enter into legal and contractual relations with persons who did not comply with the written above.

1.9. By accessing and using Our Service or (and) continuing to do so, You agree to be bound by these Terms and Conditions in the moment of such access and use in accordance with the last update of these Terms. If You do not agree to these Terms, in whole or in part, please stop using the website and the Service.



Article 2. Subscriptions

2.1. The Service or some parts of the Service are available only with a paid Subscription, except for the cases described in clauses 2.4 and 2.13. You will be billed in advance on a recurring and monthly basis for the amount depending on the plan of Subscription you select when purchasing the Subscription.

2.2. The Service offers the following plans of Subscription based on the implemented functionality:

2.3. All listed functionalities can be integrated into the Client's Software if the software is a browser extension or a mobile application. For seamless integration, You must provide the Company with necessary information about the architecture and structure of Your Software.

2.4. During the compatibility assessment between the Service and the Client's Software, the Company offers a Free Trial period, which concludes upon the public launch of the Client's Software with the selected Service functionality.

2.5. All the actual information and functionality of the plans of Subscription and the price offers are posted on the Website.

2.6. Payments in accordance with these Terms and Conditions must be made by an electronic invoice issued by the Company. This invoice specifies that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

2.7. At the end of each period, the Company will issue a new invoice for you to pay in order to renew Your Subscription under the exact same conditions unless You cancel it or the Company cancels it.

2.8. You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

2.9. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.

2.10. The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

2.11. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company and does not carry force of business custom or any other legal binding effect for the Company.

2.12. The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial.

2.13. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.



Article 3. Intellectual Property

3.1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

3.2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

3.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.



Article 4. Links to Other Websites

4.1. Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

4.2. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.



Article 5. Limitation of Liability and Disclaimers

5.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

5.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

5.3. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied:

5.4. Some jurisdictions and states do not allow the exclusion of certain types of warranties, limitation of liability for incidental or consequential damages and limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in these Terms and Conditions shall be applied to the greatest extent enforceable under applicable law.

5.5. The Company is not responsible for the disputes, violations or (and) any other that have arisen between the Client and the Customer, including when using the service.



Article 6. Governing Law and Territorial Conditions

6.1. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

6.2. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

6.3. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

6.4. You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

6.5. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.



Article 7. Termination and Amendment Provisions

7.1. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

7.2. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

7.3. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

7.4. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.



Article 8. Feedback and Contact

8.1. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

8.2. If you have any questions about these Terms and Conditions, You can contact us by email: team@smartshopping.ai

8.3. If You have any concerns or disputes about the Service, You agree first to try to resolve the dispute informally by contacting the Company.