Terms of Service

By signing up for a Smart Tags app ("App") or any of the services ("Service(s)") of Smart Tags (as a brand of WEHAVEFACES) ("Smart Tags") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features that are added to the current App shall be also subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time at here.Smart Tags reserves the right to update and change the Terms of Service at any time, without notice. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the "Terms of Service" for the complete picture of your legal requirements. By using Smart Tags apps or services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Section 1: Account Terms

  1. You must abide by both Shopify Terms of Service and Shopify App Store Terms and Conditions.
  2. You must be 18 years or older to use our Apps.
  3. You may not use our Apps for any illegal or unauthorized purpose, nor may you, in the use of these Apps, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States, Canada, and Republic of Singapore
  4. A breach or violation of any of the Account Terms as determined in the sole discretion of Smart Tags will result in an immediate termination of your access to apps services.
which means
You must abide by all Shopify rules to use our apps, and not use Smart Tags to do anything illegal. Any violation of these terms gives us the right to cancel your service. If we need to reach you, we will send you an email.

Section 2: General Conditions

  1. You must read, agree with, and accept all terms and conditions in these Terms of Service and the Privacy Policy before you may use Smart Tags Apps.
  2. Technical support is only provided to paying users and is only available via ticketed email support.
  3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Apps, use of the Apps, or access to the Apps without the express written permission of Smart Tags.
  4. You shall not utilize domain names that use Smart Tags, WEHAVEFACES, or any Smart Tags and WEHAVEFACES trademarks and/or variations and misspellings thereof.
  5. Questions about the Terms of Service should be sent to help support@wehavefaces.net.
which means
Smart Tags app belong to us. You are not allowed to rip them off or resell access.

Section 3: Smart Tags Rights

  1. We reserve the right to modify or terminate a Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any lawful reason at any time.
  3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Smart Tags customer, Smart Tags employee, member, or officer can result in immediate account termination.
  5. Smart Tags does not pre-screen content and it is in their sole discretion to refuse or remove any Content that is available via the Apps.
  6. We reserve the right to provide our apps and services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Smart Tags employees and contractors may also be Smart Tags customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
which means
We can modify, cancel, or refuse the service at anytime. Also, be nice to us :)

Section 4: Limitation of Liability

  1. You expressly acknowledge, understand and agree that Smart Tags is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) Smart Tags apps or Services, including, without limitation, direct and indirect damages, losses or other claims based on the negligence of Smart Tags.
  2. You expressly acknowledge, understand and agree that Smart Tags is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) Smart Tags apps or Services, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of Smart Tags. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Smart Tags partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of these Apps is at your sole risk. The Apps are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory.
  4. Smart Tags does not warrant that apps or the service will be uninterrupted, timely, secure, or error-free.
  5. Smart Tags does not warrant that the results that may be obtained from the use of apps or the service will be accurate or reliable.
  6. Smart Tags does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Apps or services will meet your expectations, or that any errors in the Service will be corrected.
which means
We are not responsible for your actions if you break the law, breach these terms, or go against the rights of a third party – especially if you get sued.
Service is "as is" – it may have errors or interruptions and we provide no warranties for these circumstances.

Section 5: Waiver and Complete Agreement

The failure of Smart Tags to exercise or enforce any right or provision of these Terms of Service, from time to time, shall not constitute a waiver of Smart Tags’s right to do so at any time. The Terms of Service constitutes the entire agreement between you and Smart Tags regarding your use of Smart Tags apps or Services. The Terms of Service cannot be modified by you without the consent of Smart Tags. As set forth in these Terms of Service, the Terms of Service can be amended, modified or replaced by Smart Tags at any time without your consent. At all times, the most current version of these Terms of Service will be in effect and each amended, modified or replacement Terms of Service supersede any prior Terms of Service.
which means
If Smart Tags chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Smart Tags don’t apply if they conflict with these terms.

Section 6: Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Smart Tags apps or service. All material you upload remains yours.
  2. You can remove your Smart Tags app access or service at any time by canceling your account. This may, but will not necessarily, remove all content you have stored in the Apps. If you wish the App data to be expunged, simply send an email to support@wehavefaces.net with your Shopify store URL (for e.g: mystore.myshopify.com) and a message requesting the App data to be deleted for your shop.
  3. You retain ownership over all content that you submit to a Smart Tags App; however, by making your Shopify store public, you agree to allow others to view your content.
which means
Anything you upload remains yours and if you want to remove your content, delete your account, and confirm with us if you’d like to ensure data is completely expunged and not saved in case you sign up again.

Section 7: Payment of Fees

  1. To access Smart Tags Apps and services, users agree to accept charges and pay recurring charges through their Shopify account for the Apps and services. Failure to accept these charges will result in removal of your access to Smart Tags Apps and services.
  2. The Apps and services will be billed in 30 day intervals. When your billing period is over, Smart Tags users will be sent an invoice via email from Shopify. As well, an invoice will appear on the account page of your Shopify administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. Billing and invoicing is conducted via Shopify for any Smart Tags Apps sold in the Shopify App store.
  4. All billing terms and payment of fees are subject to Shopify’s Terms of Service with respect to Payment of Fees
  5. Smart Tags guarantees satisfaction for 30 days, so if you are unsatisfied with the app and uninstall in the first month, a refund will be provided for a maximum of one billing period.
which means
You will be billed every 30 days through Shopify and have 2 weeks to pay. You are subject to the terms of Shopify’s billing. Refunds may be processed for up to one billing period.
To better understand Shopify's billing cycle for apps, refer to Shopify's manual on invoice for apps

Section 8: Cancellation and Termination

  1. You may cancel your account at anytime by uninstalling the Apps from your Shopify administrative panel.
  2. Once cancellation is confirmed, your Content may be deleted from the Apps or services. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel access to the Apps in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the Smart Tags apps or service for any reason, without notice, at any time.
which means
To initiate a cancellation, uninstall the app from your Shopify dashboard. Once cancellation is confirmed, your content can be permanently deleted. If you cancel in the middle of the month, you’ll have one last e-mail invoice. We may change or cancel the Shopify service at anytime.

Section 9: Modifications to the Service and Prices

  1. Prices for using Smart Tags Apps and services are subject to change upon 30 days notice from Smart Tags. Such notice may be provided at any time by posting the changes to the Smart Tags Website, email, or the administration menu of your Shopify store via an announcement.
  2. Smart Tags reserves the right at any time to time to modify or discontinue the Apps (or any part thereof) with or without notice.
  3. Smart Tags shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Apps or services.
which means
We may change or discontinue the apps or services at anytime, without liability, but we will let you know beforehand.

Section 10: DMCA Notice and Takedown Procedures

  1. Whenever possible, we will follow procedures outlined by Shopify’s DMCA Notice and Takedown Procedure policy for our Apps.
  2. Smart Tags supports the protection of intellectual property and asks users to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
  3. If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice to Shopify’s designated agent using their form, and email support@wehavefaces.net with the same complaint.
  4. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.
  5. Once provided with a notice of takedown, the user can reply with a counter notification to both Shopify and support@wehavefaces.net if they object to the complaint.
  6. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.
which means
For users this means, Smart Tags respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification via email.
For everyone else this means, If you believe one of our users is infringing your intellectual property rights, you can send Shopify a DMCA Notice and email one to us as well. We will expeditiously disable access or remove the content and notify the user. Be advised that we post all notices we receive.
Last updated on March 11, 2018