Terms of Service

Acceptance of Terms

By installing, accessing, or using Nudgesmart ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. These Terms apply to all users of the Service.

Description of Service

Nudgesmart is a Shopify application that provides popup and engagement campaign tools for e-commerce stores. Our Service includes:

• Exit intent popups and smart forms
• Spin wheel campaigns and gamification
• Countdown timers and urgency campaigns
• A/B testing and analytics tools
• Email service provider integrations
• Campaign templates and customization tools

User Accounts and Eligibility

To use our Service, you must:

• Have a valid Shopify store
• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate and complete information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may NOT:

• Violate any applicable laws, regulations, or third-party rights
• Create campaigns with deceptive, misleading, or fraudulent content
• Use the Service to send spam or unsolicited communications
• Attempt to reverse engineer, hack, or compromise our systems
• Share your account credentials or allow unauthorized access
• Create campaigns containing adult content, violence, or illegal activities
• Interfere with or disrupt the Service or servers
• Use the Service to compete directly with Nudgesmart

Subscription and Billing

Our Service operates on a subscription basis with the following terms:

• All billing is processed through Shopify's billing system
• Subscription fees are charged in advance on a monthly or annual basis
• You can upgrade or downgrade your plan at any time
• Refunds are prorated for downgrades and processed within 5-10 business days
• Free trials automatically convert to paid plans unless canceled
• All prices are listed in USD and may be subject to applicable taxes

Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to:

• Our collection and use of data as described in our Privacy Policy
• The processing of your customers' data for campaign functionality
• Integration with third-party services you choose to connect
• The use of cookies and tracking technologies

You are responsible for ensuring compliance with applicable privacy laws and obtaining necessary consents from your customers.

Intellectual Property

The Service and its original content, features, and functionality are owned by Nudgesmart and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of your campaign content and customer data. By using our Service, you grant us a limited license to process and display your content as necessary to provide the Service.

Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency repairs or security issues
• Third-party service disruptions (including Shopify)
• Force majeure events beyond our control

We will provide advance notice of scheduled downtime when possible.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding accuracy, reliability, or completeness
• Warranties that the Service will meet your requirements
• Warranties that the Service will be error-free or secure

Results from using our Service may vary and are not guaranteed.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NUDGESMART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or data
• Business interruption or loss of opportunity
• Damages arising from third-party claims
• Damages related to your use or inability to use the Service

Our total liability shall not exceed the amount you paid for the Service in the 12 months prior to the event giving rise to liability.

Indemnification

You agree to indemnify and hold Nudgesmart harmless from any claims, losses, damages, liabilities, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your campaign content or customer communications
• Your failure to comply with applicable laws

Termination

Either party may terminate these Terms at any time:

• By You: Uninstall the app from your Shopify admin
• By Us: For violation of Terms, non-payment, or at our discretion with 30 days' notice

Upon termination, your access to the Service will cease, and we will delete your data according to our Privacy Policy. Amounts owed prior to termination remain payable.

Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your Jurisdiction] and be conducted in English.

You waive any right to participate in class-action lawsuits or class-wide arbitrations.

Governing Law

These Terms are governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms with a new effective date
• Sending email notifications to registered users
• Displaying prominent notices in the app

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

Contact Information

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

• Email: legal@nudgesmart.com
• Support: support@nudgesmart.com
• Address: Nudgesmart, Legal Department