1. ACCEPTANCE OF TERMS
By accessing and using SmrthApps - Mobile App Builder ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. DESCRIPTION OF SERVICE
SmrthApps - Mobile App Builder is a Shopify application that enables merchants to:
- Create and customize mobile applications for their online stores
- Sync products, collections, and branding from Shopify stores
- Manage mobile app settings and configurations
- Access analytics and performance data
- Utilize push notification services
3. USER ACCOUNTS AND REGISTRATION
3.1 Account creation
- You must provide accurate, complete, and current information during registration
- One account per Shopify store is permitted
- You must have an active Shopify store to use the Service
3.2 Account security
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- We are not liable for any loss or damage arising from unauthorized account use
4. ACCEPTABLE USE POLICY
4.1 Permitted uses
You may use our Service to:
- Create mobile applications for legitimate business purposes
- Customize app branding and content in accordance with your rights
- Integrate with your Shopify store data
- Access support and documentation
4.2 Prohibited uses
You may not use our Service to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Create apps with illegal, harmful, or offensive content
- Attempt to gain unauthorized access to our systems
- Use the Service for any fraudulent or deceptive practices
- Reverse engineer, decompile, or disassemble our software
- Resell or redistribute our Service without permission
5. SUBSCRIPTION AND PAYMENT TERMS
5.1 Subscription plans
- We offer various subscription plans with different features and limitations
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are non-refundable except as required by law
5.2 Payment processing
- Payments processed securely through Shopify's billing system
- You authorize automatic charging for subscription renewals
- Failed payments may result in immediate service suspension
5.3 Price changes
- We reserve the right to modify subscription prices with 30 days' notice
- Existing subscribers will be notified of price changes before they take effect
5.4 Free trials
- Free trial periods, if offered, are specified during signup
- Trial automatically converts to paid subscription unless cancelled
- Credit card information required for trial activation
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our intellectual property
- SmrthApps Mobile App Builder and all related technology are our proprietary property
- You may not copy, modify, or distribute our software without permission
- All trademarks, logos, and service marks are our property
6.2 Your content
- You retain ownership of your store data, images, and content
- You grant us a license to use your content to provide our Service
- You are responsible for ensuring you have rights to all content you upload
6.3 Generated applications
- You own the mobile applications generated through our Service
- You are responsible for complying with app store requirements
- We provide no warranty regarding app store approval
7. DATA AND PRIVACY
7.1 Compliance with DPDP act 2023
We comply with India's Digital Personal Data Protection Act, 2023. As a Data Fiduciary, we:
- Obtain valid, informed, and specific consent before processing personal data
- Process data only for specified, lawful purposes
- Implement appropriate technical and organizational security measures
- Notify data breaches to the Data Protection Board of India and affected users within prescribed timeframes
- Enable data principals to exercise their rights (access, correction, erasure)
7.2 Data collection and usage
- We collect data as described in our Privacy Policy. Please visit privacy policy page
- Your Shopify store data remains your property
- We may use aggregated, anonymized data to improve our Service
- We will not sell your personal data to third parties
7.3 Data ownership and rights
- You retain ownership of all store data, content, and customer information
- You grant us a limited license to process your data to provide the Service
- You are responsible for ensuring you have rights to all content uploaded
- Data principals have rights to access, correct, and erase their personal data
8. SERVICE AVAILABILITY AND SUPPORT
8.1 Service availability
- We strive to maintain high service availability but cannot guarantee 99% uptime
- We may perform scheduled maintenance with advance notice
- We are not liable for service interruptions beyond our control
8.2 Support services
- We provide support through help@smrthapps.com
- Support response times may vary based on subscription plan, which is mentioned on the plan section
- We reserve the right to limit support for free accounts
9. LIMITATION OF LIABILITY
9.1 Disclaimer of warranties
- Our Service is provided "as is" without warranties of any kind
- We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
9.2 Limitation of damages
- Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim
- We are not liable for indirect, incidental, or consequential damages
- Some jurisdictions may not allow limitation of liability, so these limitations may not apply to you
9.3 App store approval
- We provide no guarantee that apps will be approved by Apple App Store or Google Play Store
- You are solely responsible for compliance with app store guidelines
- App rejection or removal is not grounds for refund
10. INDEMNIFICATION
You agree to indemnify and hold harmless SmrthApps - Mobile App Builder, its officers, directors, employees, and agents from:
- Claims arising from your use of the Service
- Your violation of these Terms
- Your violation of third-party rights (including intellectual property)
- Content you upload or apps you create
- Your violation of applicable laws or regulations
11. TERMINATION
11.1 Termination by You
- You may cancel your subscription at any time
- Cancellation will take effect at the end of your current billing period
- You may delete your account and data at any time
- No refunds for partial months or unused time
11.2 Termination by Us
We may suspend or terminate your account immediately if you:
- Violate these Terms or Acceptable Use Policy
- Fail to pay subscription fees
- Engage in fraudulent or illegal activities
- Cause harm to our systems or other users
- Violate applicable laws including DPDP Act 2023
11.3 Effect of termination
- Upon termination, your right to use the Service ceases immediately
- We may delete your account data after a reasonable period
- Provisions that by their nature should survive termination will remain in effect
- You remain responsible for payments due prior to termination
12. FORCE MAJEURE
We are not liable for service failures or delays caused by circumstances beyond our reasonable control, including:
- Natural disasters, pandemics, or acts of God
- Government actions, wars, or civil unrest
- Telecommunications or internet service provider failures
- Cyber attacks or security incidents affecting third-party infrastructure
- Labor disputes or strikes
13. MODIFICATIONS TO TERMS
13.1 Changes to terms
- We may modify these Terms at any time
- Material changes communicated via email 30 days before effective date
- Continued use after effective date constitutes acceptance
- Non-material changes effective upon posting
13.2 Notification of changes
- We will notify you of changes via email or through the Service
- It is your responsibility to review updated Terms
- If you disagree with changes, you must stop using the Service
14. GOVERNING LAW AND DISPUTES
14.1 Governing law
- These Terms are governed by the laws of India
- Any disputes will be resolved in the courts of India
14.2 Dispute resolution
- We encourage resolution of disputes through direct communication
- For formal disputes, we prefer binding arbitration over litigation
- You may opt out of arbitration within 30 days of account creation
15. GENERAL PROVISIONS
15.1 Entire Agreement
- These Terms, together with our Privacy Policy, constitute the entire agreement
- Any prior agreements or understandings are superseded
15.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect
15.3 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision
15.4 Assignment
- You may not assign your rights under these Terms without our consent
- We may assign our rights and obligations to any third party
15.5 Language
These Terms are in English. Translations provided for convenience only; English version controls in case of discrepancies
15.6 Notices
All notices sent to your registered email address or through the Service dashboard. You must maintain current contact information
16. CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at:
Email: help@smarthapps.com