Terms of Use

1. Agreement to these terms

These Terms of Use (“Terms”) are a binding agreement between you and Seven Spikes Ltd., a company registered in Bulgaria and trading as Sherpas Design (“we”, “us”, “our”). They govern your use of:

• the website at www.smartseoapp.ai and its content, including the blog (the “Website”); and
• the Smart SEO application for Shopify and any related services and support (the “App”; together with the Website, the “Services”).

By using the Website, or by installing or using the App, you agree to these Terms and to our Privacy Policy. If you use the App on behalf of a business, you confirm that you have authority to accept these Terms for that business, and “you” means that business. If you do not agree, do not use the Services.

The App is also subject to the Shopify Terms of Service and the Shopify App Store terms. If these Terms conflict with Shopify’s terms on how apps are billed or installed, Shopify’s terms apply to that matter.

2. Who may use the App

The App is provided for business use by Shopify merchants. You must be at least 18 years old, have an active Shopify store, and be able to form a binding contract. You are responsible for all activity carried out through your store’s installation of the App, including by your staff, and for keeping your Shopify and Google account credentials secure.

3. The App

The App provides tools to improve your store’s search presence, such as meta tag and alt text generation, structured data (JSON-LD), image optimisation, sitemaps, broken link detection, SEO audits, keyword research and Google Search Console reporting. Features available to you depend on your plan.

We continually improve the App and may add, change or remove features. If we remove a material feature of a paid plan, we will give you reasonable notice. Features marked as beta, preview or experimental are provided for evaluation, may change or be withdrawn at any time, and are provided without any commitment of availability.

We aim to keep the App available at all times, but we do not guarantee uninterrupted availability. The App may be unavailable during maintenance, because of failures of Shopify, Google or other third-party services, or for reasons beyond our control.

4. Plans, fees and billing

• Plans. The App offers a free plan and paid plans, as described on our Pricing page and the Shopify App Store listing. Each plan includes usage quotas (for example, AI generations, optimised images or crawled pages).
• Billing through Shopify. Paid plans are charged through Shopify’s billing system, in US dollars, on a recurring basis (every 30 days, or annually if you choose an annual plan) until you cancel. Fees appear on your Shopify invoice. Shopify’s billing terms apply to how charges are collected.
• Free trials. Where a free trial is offered, you will not be charged during the trial. If you do not uninstall the App or move to the free plan before the trial ends, the paid plan begins automatically. Trial quotas may be lower than full plan quotas.
• Changes to plans. You can upgrade, downgrade or cancel at any time from within the App or by uninstalling it. Changes take effect according to Shopify’s billing rules.
• Price changes. We may change our prices. For existing paid subscriptions, we will give you at least 30 days’ notice before a price increase applies to you, and you can cancel before it takes effect.
• Taxes. Fees exclude taxes unless stated otherwise. Applicable taxes are calculated and collected as described in Shopify’s billing terms.
• Refunds. Fees for a billing period that has started are not refundable, and we do not give refunds or credits for partial periods or unused quotas, except where required by law or where we decide to do so at our discretion. If you believe you were charged in error, contact us within 30 days of the charge.

5. Your store data and content

You keep all rights in your store data and content, including product information, images and pages (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free licence to access, copy, process, modify and transmit Your Content only as needed to provide, secure and support the Services for you, as described in our Privacy Policy.

You are responsible for Your Content and for having all rights and permissions needed for us to process it. You must not use the Services with content that is unlawful, infringing, deceptive or harmful.

The App makes changes to your store only when you run an optimisation, enable an automation or otherwise instruct it to. You are responsible for reviewing the settings you choose. We recommend keeping your own backups of important store content.

6. AI-generated content

Some features use artificial intelligence to generate content such as meta titles, meta descriptions, alt text and structured data (“AI Output”). As between you and us, and to the extent permitted by law, you own the AI Output generated for your store.

AI Output is generated automatically and may be inaccurate, incomplete, similar to content generated for others, or unsuitable for your store. You are responsible for reviewing AI Output before publishing it, including making sure it is accurate, lawful, and consistent with the rules that apply to your products (for example, advertising, health or safety claims).

7. Acceptable use

You must not, and must not allow anyone else to:

• use the Services in breach of any law, or of Shopify’s or Google’s terms and policies;
• use the Services to create spam, manipulative search content, misleading structured data, fake reviews or ratings, or any other practice that breaches search engine guidelines;
• copy, modify, decompile, reverse engineer or attempt to extract the source code of the App, except where the law expressly allows it;
• circumvent plan limits, quotas, billing or security measures, or use one subscription to serve stores it was not purchased for;
• interfere with or overload the Services, or access them by automated means other than through features we provide;
• scrape, copy or republish Website content in bulk without our written permission;
• upload malware or attempt to gain unauthorised access to any system or data; or
• resell, sublicense or provide the Services to third parties as a service bureau.

8. Third-party services and integrations

The Services work with third-party services such as Shopify, Google Search Console, the Google Ads API, AI providers and review apps listed on our Integrations page. Your use of those services is governed by their own terms and privacy policies. We do not control third-party services and are not responsible for their availability, accuracy or changes, including changes to their APIs that affect the App.

Some links on the Website, including links to partner apps, are partner or affiliate links, and we may receive a commission or other benefit if you install those apps. This does not affect the price you pay.

9. No guarantee of search results

Search engines and AI answer engines decide independently how to crawl, index, rank and display websites, including whether to show rich results such as star ratings. We do not control them, and we do not guarantee any particular ranking, traffic, rich result, visibility, conversion or revenue from using the Services.

10. Website and blog content

Articles, guides and other content on the Website are provided for general information only. They are not legal, financial or professional advice, and may not reflect the latest changes to Shopify or search engines. You may read, share links to and quote short extracts from the Website with attribution, but you may not republish substantial parts of it without our written permission.

11. Our intellectual property

The Services, including the App’s software, design, text, graphics, logos and the “Smart SEO” and “Sherpas Design” names, belong to us or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the App for your Shopify store during your subscription. All rights not expressly granted are reserved.

If you send us suggestions or feedback, we may use them freely without any obligation to you.

12. Data protection

Our Privacy Policy explains how we handle personal data, and forms part of these Terms. Where we process personal data contained in Your Content on your behalf, we do so as your processor under Article 28 of the GDPR, only on your documented instructions (which these Terms and your configuration of the App constitute), with appropriate confidentiality and security, using bound sub-processors, and with the assistance, deletion and audit-information commitments described in the Privacy Policy. You are responsible for having a valid legal basis for the personal data you include in Your Content.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. We disclaim all warranties and conditions not expressly stated in these Terms, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and that the Services will be uninterrupted, error-free or free of harmful components. Nothing in this section excludes any warranty or right that cannot be excluded under applicable law.

14. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, sales, rankings, traffic, goodwill, data or business opportunities, arising out of or in connection with the Services, even if we were advised of their possibility; and
• our total liability for all claims arising out of or in connection with these Terms or the Services is limited to the greater of (a) the fees you paid us for the App in the 12 months before the event giving rise to the claim, and (b) USD 100.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or gross negligence, or any other liability that cannot be limited or excluded under applicable law.

15. Indemnity

You will defend, indemnify and hold harmless Seven Spikes Ltd., its directors, employees and contractors from any third-party claims, damages, losses and reasonable costs (including legal fees) arising from Your Content, your breach of these Terms, or your violation of any law or third-party right, except to the extent caused by our own breach of these Terms.

16. Suspension and termination

You can stop using the App at any time by uninstalling it from your Shopify admin. We may suspend or terminate your access to the Services, with notice where reasonably possible, if you materially breach these Terms, if your use creates a security, legal or operational risk, if your Shopify store is closed or suspended, or if we discontinue the App (in which case we will give you at least 30 days’ notice where we can).

When the App is uninstalled or access ends, your right to use it stops, and we handle your data as described in our Privacy Policy. Changes the App already made to your store (such as updated meta tags) remain in your store. Sections that by their nature should survive termination, including those on fees owed, disclaimers, limitation of liability, indemnity and governing law, continue to apply.

17. Changes to these terms

We may update these Terms from time to time. We will update the “Last updated” date and, for material changes, give you at least 30 days’ notice through the App, by email or on the Website before they take effect. If you continue to use the Services after the changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Services.

18. Governing law and disputes

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of Bulgaria, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting any formal proceedings, please contact us so we can try to resolve the issue informally. If a dispute cannot be resolved within 30 days, the courts of Sofia, Bulgaria, have exclusive jurisdiction, except that we may seek urgent injunctive relief in any competent court. Nothing in this section deprives you of mandatory protections under the law of the country where you are established.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services and replace any earlier agreements on the same subject.
• Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will remain in effect.
• No waiver. Not enforcing a provision is not a waiver of our right to enforce it later.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including failures of third-party platforms, networks or utilities.
• Notices. We may send notices through the App, to the email address associated with your store, or on the Website. You can send notices to hello@smartseoapp.ai.
• Language. These Terms are written in English. If we provide a translation, the English version prevails.

20. Contact us

Questions about these Terms? Contact: