Terms of Service
Effective Date: July 19, 2024
These Terms of Service ("Terms") govern your access to and use of the Tax Wisp App ("App") provided by Smaitic Labs ("we" or "us" or "our"). By using the App, you agree to be bound by these Terms and to comply with all applicable laws and regulations. We may revise these Terms from time to time, and the most current version will always be posted on our website and apply to your use of the App. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If the changes to the Terms are material, we may inform you of the changes in the manner we deem best.
1. Use of the App
a. License: Subject to your compliance with these Terms and payment of applicable fees, you are granted a non-exclusive, non-transferable, revocable license and access to use the App. You may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the App.
b. Registration: Use of the App requires registration, and you agree to provide accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or password or any other breach of security.
c. Responsibility: You are responsible for acquiring and maintaining the equipment, connections, and software needed for the use of the App. You grant us the right to collect, use, and disclose your e-commerce shop data and related information for the purposes of providing benchmark reports and analytics, as outlined in our Privacy Policy.
d. Conduct: You must not use the App to harass, threaten, impersonate, intimidate, or upload any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content. You must not violate any intellectual property laws or use the App for any illegal or unauthorized purpose.
2. Fees and Payment Terms
You agree to pay the fees for the App as specified on our website. The App is invoiced by Shopify on your Shopify invoice unless otherwise instructed.
3. Ownership and Intellectual Property
The App and related technology are protected by copyright, trademark, and other intellectual property laws and belong to us or third parties. These Terms do not grant you any right, title, or interest in the App or related intellectual property rights.
4. Representations, Warranties, and Indemnification
You represent and warrant that you have all necessary rights to use the e-commerce shop data and background data uploaded through the App and that such data will not infringe any third-party rights. You agree to indemnify and hold us harmless from any claims arising out of your use of the App.
5. Limitation of Liability
You use the App at your own risk, and we provide no warranties regarding its fitness for purpose or non-infringement. To the fullest extent permitted by law, we shall not be liable for any damages arising out of your use of the App.
6. Force Majeure
We shall not be liable for any delay or damage due to reasons beyond our control, such as force majeure events.
7. Confidentiality
You agree to use and disclose confidential information only as allowed by these Terms and to protect and safeguard such information.
8. Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms and our rights and obligations under them to third parties.
9. Term and Termination
These Terms come into force when published and shall apply if the App is used and available. We may terminate these Terms immediately in certain circumstances as outlined in these Terms.
10. Governing Law and Disputes
Any dispute, controversy, or claim arising out of or relating to these Terms or the agreement between us, including any breach, termination, or invalidity thereof, shall be resolved through arbitration. The arbitration proceedings shall be conducted in accordance with the applicable arbitration rules, and the language of arbitration shall be English. The arbitration shall be held at a mutually agreed-upon location. The award rendered by the arbitrator(s) shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Nothing in these Terms or the agreement shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.
11. Contact Us
If you have any questions or concerns about these Terms, you can contact us at support@taxwisp.ai.
By using the Tax Wisp Shopify App, you agree to be bound by these Terms.