Terms of Use

for shopify apps  and the website provided by webshopassist


Last Updated: Sep. 7th 2023


These Terms of Use (the “Terms”) set forth the terms and conditions that govern (i) access to, and use of the application(s) provided by WebShopAssist (as defined below) (“App”), (ii) the access to, and use of our website available at the URL https://www.webshopassist.com (“Site”) and (iii) the access to, and use of the content of the App and of the Site including of the services provided by WebShopAssist (“Services”).

Please carefully read these Terms as they contain important information concerning your rights and obligations. These Terms include various limitations and exclusions, defining WebShopAssist’s liability in certain cases, determining the jurisdiction and authorities on matters of conflict resolution, as well as the applicable legislation to WebShopAssist’s Services.

These Terms are a legal agreement between you (i) as a Client (as defined below), or (ii) as a user only navigating through our Site (“you”, “your”, or “user”) and SMART BIT AGILE CONSULT S.R.L., a company incorporated under the Romanian law,  ("WebShopAssist", “we”, "us").

Before you use the App, you will need to agree to these Terms. We are only willing to make the App available to you if you accept all of these Terms. Otherwise, you may not access or use the App. Accessing or visiting the Site or downloading and installing the App represents your confirmation that you understand and agree to all of these Terms.

In case you use the App and or Site on behalf of a company, you represent that you have the legal authority to accept these Terms on behalf of the respective company. In such a case, when using “you” in these Terms, we will refer to the respective company.

We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated version of the Terms available on the Site and update the “Last Updated” date found at the top of these Terms. In such a case, in order to continue to use the App, you will need to agree to the newly amended Terms. Continued use of the App / the Site represents agreement to the new Terms.

1.                  THE SITE

The Site is only intended to present and detail our applications and Services. As such, all the content made available on the Site in any form is for informational purposes only.

2.                  THE APP

The App is an application than can be installed by the users (online shops) of the Shopify platform, available at the URL address https://apps.shopify.com (“Client”, “User”).

2.1.            Installing the App

In order to benefit from the Services,  you first  need to install the App which is available in the applications store of Shopify.

2.2.            Setting up the App

When first accessing the App, you have to configure certain parameters in order for the App to properly function. Detailed guidelines on how on how to set up the App are available in the App’s documentation.

In case you do not set up the parameters correctly, the App cannot work properly, and we cannot provide the Services. It is the sole responsibility of the Client to configure these parameters, and we accept no liability for the non-functioning or malfunctioning of Apps which are incorrectly set up.

3.                  SUBSCRIPTION AND FEES

3.1.            Subscription mechanism

The App can be accessed in the form of a subscription (“Subscription”).

The Subscription starts upon Client’s confirmation on the Fee (as defined below) in Shopify platform on the day of subscription, and it is then automatically renewed for each following month, from date to date, unless a cancellation request is made by the Client, and sent in the manner described below.

Clients can cancel their Subscription at any time.  The Subscription cancellation is effective after the end of the last month of the Subscription and results in automatic deletion of the User’s account, as well as all of the stored and indexed data. 

The Client is informed and accepts that the Subscription can be cancelled by WebShopAssist if the Client breaches the provisions of these Terms, as further provided at Clause 13 below.

3.2.            Payment

In order to use our App, the Client needs to pay a Subscription fee (“Fee”), due every month.

The Fees shall be paid by Client in accordance with Shopify’s terms and conditions

3.3.            Changing the Fees

We have the right to change the Fees from time to time, in our sole discretion. When wo do so, the updated Fees shall apply as of the date the changes are made.

3.4.            Subscription Levels

                The User can change their subscription to a Higher or Lower level at any time from the App’s user interface, as per Shopify’s subscription policy. 


Unless otherwise indicated by us, all elements of the App and of the Site, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (“Content”) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law.

In exchange for the Fee, you are granted a personal, non-transferable and non-exclusive license to use the App, with no right to sub-license, for the term of the Subscription and in accordance with these Terms.

You can use the App, the Site and the Content solely for the purpose provided by these Terms. You are not permitted to:

                    use the App, the Site or the Content other than for their intended purposes;

                    use any data mining, robots or similar data gathering or extraction methods;

                    sell, rent, lease, lend, redistribute, sublicense or make commercial use of the App, the Site or the Content;

                    copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our App, the Site or Content;

                    modify, alter or otherwise make any derivative uses of the App, the Site or the Content, or any portion thereof, except as expressly permitted under these Terms;

                    remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the App, the Site or Content;

Any use of the App, the Site or the Content other than as specifically authorized herein, without the prior written permission of WebShopAssist, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by WebShopAssist, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. 

5.                  USER CONTENT

In case you can create any user content on our App, you are solely responsible for all content you create, transmit and/or distribute through the App (“User Content”). With that in mind, you agree not to create, transmit and/or distribute through the App any User Content that:

                    is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, national or international law;

                    is defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;

                    impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

                    may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual property right or other right of any party;

                    contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; or

                    is designed to deceive or trick the users of the App.

6.                  USER CONDUCT

You are solely responsible for your own conduct while accessing or using the App and the Site. You agree to use the App and the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:

                    use the App and the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by us;

                    use the App and the Site to violate the legal rights and the legitimate interests of others, including, but not limited to, transmitting or otherwise making available through the App of content that infringes the intellectual proprietary rights of any party;

                    remove any copyright, trademark or other proprietary rights notices contained in or on the App and the Site, or any part of it;

                    modify, adapt, hack, translate, or reverse engineer the App and the Site;

                    use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the App and the Site or to extract data;

                    attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, unless we specifically consented to such conduct;

                    upload, send, distribute or disseminate any User Content that could be in any way interpreted as defamatory, unlawful, fraudulent, obscene, harassing or objectionable;

                    distribute any other harmful components such as, including but not limited to, worms, viruses, Trojan horses, corrupted files, defects, hoaxes;

                    impersonate another person by any mean (e.g., by use of an email address, name, nickname or otherwise);

                    exploit the App and the Site for any unauthorized commercial purpose;

                    access or use the App and the Site for the purpose of creating a product or service competitive with any of our products or services; or

                    register on the App and the Site on behalf of a company, without having the right to represent the respective company.

7.                  SUPPORT

Support Services include the following items:

a.       Technical support via email at the following email address: [email protected]. Technical support is strictly limited to integration and implementation of WebShopAssist Software and does not include questions concerning Shopify configuration. 

b.       WebShopAssist will make reasonable efforts to provide high-quality technical service by email, but this does not guarantee any specific response time.

c.        Access to the most current documentation on the Site, including tutorials.

8.                  INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the App and the Site; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the App and the Site.

9.                  DISCLAIMER

You expressly acknowledge and agree that your use of the App and the Site is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. The App and the Site are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the App, the Site or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the App and the Site will meet accuracy and your requirements, that the use of the App and the Site will be uninterrupted, secure or error-free, or that the App and the Site is free of harmful components, such as viruses.


You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will WebShopAssist be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the App and the Site, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages.

You understand and agree that we will not be liable for any failure or delayed performance of our obligations that results from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures.

You acknowledge that the App and the Site is Internet-based and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your User Account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.

In any event, the aggregate liability of us and our affiliates and our service providers under these terms & conditions shall not exceed five hundred USD ($500.00). 

11.              EXTERNAL SITES

The App and the Site may contain hyperlinks to third party website or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, WebShopAssist cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third party website nor their content and advertising or other materials available on such third party websites that you might access via our App or the Site.


We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our App and Site.

In no event will WebShopAssist be liable for the removal of or disabling of access to any portion or feature of the App or the Site.


In case you breach these Terms, we may suspend or terminate in whole or in part, your access to the App in our sole discretion, immediately and without prior notice, and delete or deactivate your User Account. In such a case, we will notify you accordingly.

The Clients have the possibility to uninstall the App and to delete their User Accounts and in such a case, all their account information, shall be erased. However, we might retain certain information about the commercial relationship with the respective user, in accordance with our Privacy Policy.

14.              ASSIGNMENT

WebShopAssist may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and WebShopAssist’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.

15.              PERSONAL DATA

Please refer to our Privacy Policy for information on how we collect, use, store and disclose your personal data.

If we process personal data on your behalf, WebShopAssist and Client enter into the data processing agreement available here: Data Processing Agreement


                The User authorize WebShopAssist to cite and use their trade name and logo, in an appropriate manner, as a commercial reference, in particular during events, in its commercial documents, and on the Site, in any format whatsoever.

17.              SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

18.              LACK OF ENFORCEMENT

Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.


The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.


These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Bucharest, Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.

21.              SURPRISING TERMS

By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability, choice of law and jurisdiction, unilateral termination and suspension of performance.