Last updated: April 1, 2022
Please read these terms and conditions carefully before using Our Service.
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 in plural.
1.2. For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Armenia.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SMART SHOPPING LLC, 72 Pushkin st., 10, Yerevan, Armenia, 0002.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website or (and) Service refers to SmartShopping.ai, accessible from https://smartshopping.ai
You or Client means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Client’s software means a set of instructions, data or programs used to operate computers and execute specific tasks set by the Client using the Service.
Customer is an individual or business that purchases and uses Client’s goods or services.
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.
1.8. If You are 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.
2.1. The Service or some parts of the Service are available only with a paid Subscription. 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:
Standard, which notifies You when a customer is on a checkout page;
Essential, which notifies You when a customer is on a checkout page and provides You with customer’s cart total available at checkout;
Plus, which notifies You when a customer is on a checkout page, provides You with customer’s cart total available at checkout, applies Your coupon/coupons at checkout automatically and provides You with results of this action.
2.3. All the actual information and functionality of the plans of Subscriptions and the price offers are posted on the Website.
2.4. Payments in accordance with these Terms and Conditions must be made in accordance with the Company's payment form by regular monthly equal electronic bank payments in accordance with the selected subscription plan, unless otherwise provided by these Terms and Conditions.
2.5. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
2.6. You may cancel Your Subscription renewal either through Your Account settings page or 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.
2.7. You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
2.8. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2.9. 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.
2.10. 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.
2.11. 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.
2.12. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
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.
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.
4.1. Our Service may contain links to third-party web sites 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 web sites or services that You visit.
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 its 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 provider makes any representation or warranty of any kind, express or implied:
as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
that the Service will be uninterrupted or error-free;
as to the accuracy, reliability, or currency of any information or content provided through the Service;
that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
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 consumer, including when using the service.
6.1. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application 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 resident in.
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.
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 performance of an obligation under this Terms shall not effect 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.
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: firstname.lastname@example.org
8.3. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.