Terms of Service

1. Who we are and who these terms are for#

SmartSeller is provided by Piccinini Agencia de Publicidade Ltda. ("we", "us"). These terms apply to the merchant that installs the app ("you"). You must be able to form a binding contract and use SmartSeller for business purposes only.

2. Your Shopify account#

SmartSeller works through your Shopify store. Your use of Shopify is governed by Shopify's own terms, which these terms don't change. You're responsible for your store, for the staff you give access to, and for keeping your Shopify account secure.

3. The service#

SmartSeller analyses your store data and the costs you give us to show profitability, promotion, inventory and demand insights, and lets you carry out actions in your store. Features differ by plan, as described on our Pricing page. We may improve, change or remove features; if we remove a core feature of a paid plan, we'll tell you in advance.

4. Actions in your store#

SmartSeller only changes your store (prices, product costs, discounts, tags, collections, customer segments, draft purchase orders) when you or your staff confirm an action. Where possible, actions can be undone from the app. You're responsible for reviewing what you confirm.

5. Insights are estimates, not advice#

Our numbers are calculations based on your Shopify data and on the costs and settings you provide. Their accuracy depends on that data: the precision score shows how complete it is. SmartSeller does not include taxes unless stated, and net profit is not the same as cash. SmartSeller does not provide financial, accounting, tax or legal advice. Business decisions remain yours.

6. AI features#

Some features use AI to interpret what you type or to draft text. AI output can be wrong. We show it to you for review before it's saved or used in your store.

7. Plans, trial and billing#

• All charges are billed through Shopify and appear on your Shopify invoice, in USD, plus any applicable taxes.
• New installs get a 14-day trial of Growth features, after which the store moves to the Free plan unless you choose a paid plan.
• Paid plans renew automatically every month or year until you cancel. You can upgrade, downgrade or cancel at any time from the app; uninstalling the app cancels your subscription.
• Plans include fair-use order bands measured on a 3-month average. We don't charge overage or per-order fees. If you consistently exceed your band, we may ask you to move to the right plan.
• Proration and refunds are handled through Shopify's billing system. Except where the law requires otherwise, fees already paid are non-refundable.
• We may change prices with at least 30 days' notice. Changes apply from your next billing period.

8. Acceptable use#

You agree not to: use SmartSeller in breach of the law or Shopify's terms; try to access other merchants' data; reverse-engineer, copy or resell the service; overload or disrupt it; or use it to send spam or unlawful communications to your customers.

9. Your data#

You own your store data and the information you give us. You grant us the rights needed to host and process it to provide SmartSeller, as described in our Privacy Policy. Where we process your customers' personal data, we act as your service provider (processor) and use it only to provide SmartSeller, as described in our Privacy Policy. A Data Processing Addendum is available on request at privacy@gosmartseller.com. You're responsible for having the right to share that data with us and for your own privacy notices to your customers.

10. Our intellectual property#

SmartSeller, its software, design, methodology and content belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the app while your subscription is active. If you send us feedback, we may use it without obligation to you.

11. Third-party services#

SmartSeller works with Shopify, Sidekick and, optionally, other services you connect. We're not responsible for third-party services or changes they make that affect SmartSeller. SmartSeller is not affiliated with or endorsed by Shopify.

12. Suspension and termination#

You can stop using SmartSeller at any time by uninstalling it. We may suspend or end your access if you materially breach these terms, if required by law or by Shopify, or if your use endangers the service or other merchants; where reasonable, we'll warn you first. After uninstall, we delete your data as described in the Privacy Policy.

13. Disclaimers#

SmartSeller is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee the service will be uninterrupted or error-free, or that any result will be achieved.

14. Limitation of liability#

To the extent the law allows: (a) neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data; and (b) our total liability arising from these terms is limited to the fees you paid us in the 12 months before the claim. These limits don't apply where the law doesn't allow them.

15. Indemnity#

You'll defend and indemnify us against third-party claims arising from your store, your products, your use of SmartSeller in breach of these terms, or data you didn't have the right to share.

16. Changes to these terms#

We may update these terms. For material changes, we'll notify you in the app or by email at least 30 days before they take effect. Continuing to use SmartSeller afterwards means you accept the new terms.

17. Governing law and disputes#

Before starting any formal dispute, you agree to contact us at support@gosmartseller.com and give us 30 days to try to resolve it informally. If we can't, the dispute will be resolved by a court with jurisdiction under applicable law, unless the law of your country gives you the right to bring it elsewhere. We will update this section, with advance notice, when SmartSeller's US company is formed.

18. General#

These terms (with the Privacy Policy) are the whole agreement between us. If a provision is unenforceable, the rest still applies. Not enforcing a right isn't a waiver. You may not assign these terms without our consent; we may assign them in a merger or acquisition.

19. Contact#

Piccinini Agencia de Publicidade Ltda. · 1450 Rio Branco Street, Centro, Taquara, RS, Brazil · hello@gosmartseller.com