1. Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and any or all Agreements:
- “MakeProSimp”, “Company”, “We”, “Us”, and “Our” refer to MakeProSimp.
- “You”, “Your”, “User”, and “Your Self” refer to the user accessing or using this website and/or MakeProSimp’s Shopify Apps, Wix Apps, and Shopline Apps, and accepting the Company’s terms and conditions.
- “Services” means any application, software, website, extension, plugin, API, feature, AI-powered functionality, documentation, or related service provided by MakeProSimp, including but not limited to ToastiBar, Buy Me, Notim, Promote Me, StoreDoctor AI, Feedomix, and any future applications.
- “Platform” means Shopify, Wix, SHOPLINE, or any other marketplace or platform through which the Services are offered.
2. Acceptance of Terms
- By accessing, installing, subscribing to, or using any of our Services, you agree to be bound by these Terms of Service and any applicable Privacy Policy.
- If you do not agree with these Terms, you must not access or use the Services.
- If you are using the Services on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
- By installing or using any of our Services through Shopify, Wix, SHOPLINE, or any other supported Platform, you acknowledge and electronically accept these Terms and Conditions.
- You represent that you are at least 18 years of age or otherwise have the legal authority to enter into these Terms on behalf of yourself or the business you represent.
3. Subscription, Billing, and Payment
- Some Services are offered free of charge, while others require a paid subscription.
- Subscription plans may be offered on monthly or annual billing cycles, depending on the applicable Platform.
- Any free trial or promotional period, if offered, will automatically convert into a paid subscription unless cancelled before the trial ends through the applicable Platform.
- All subscription charges are processed through the billing system of the applicable Platform. MakeProSimp does not directly process or store payment card information.
- Paid subscriptions automatically renew unless cancelled before the renewal date through the applicable Platform.
- Cancellation prevents future billing but does not automatically entitle you to a refund.
- Refunds, if any, shall be provided solely at MakeProSimp’s discretion, where required by applicable law, or in accordance with the policies of the applicable Platform.
- MakeProSimp may revise pricing, plans, or available features. Any changes to pricing, subscription plans, billing cycles, or included features may take effect immediately and shall apply to existing and new users without prior notice. MakeProSimp shall not be liable for any loss or inconvenience caused due to such changes.
- You are responsible for any applicable taxes, duties, VAT, GST, sales taxes, or similar governmental charges associated with your subscription, except taxes imposed on MakeProSimp’s income.
4. Acceptable Use
- You agree to use the Services only for lawful purposes.
- You must not:
- Use the Services for unlawful, fraudulent, or deceptive purposes.
- Attempt unauthorized access to our systems or another user’s account.
- Reverse engineer, decompile, or create derivative works from the Services except where permitted by law.
- Upload viruses, malware, or other malicious code.
- Interfere with the operation, security, or availability of the Services or supported Platforms.
- Circumvent security measures or usage limits.
- Infringe intellectual property or privacy rights.
- Use the Services in a way that harms other merchants or users.
- Send unsolicited messages, spam, or communications without obtaining any legally required customer consent.
- We reserve the right to suspend or terminate access for violations of this section.
5. Changes to the Services
- MakeProSimp continuously improves its Services. We may add, modify, replace, suspend, or discontinue features, functionality, subscription plans, or parts of the Services at any time without notice, and you confirm that MakeProSimp shall not be liable to you for any such change or removal.
- We may change these Terms and Conditions at any time.
- We may change the price for the Service without notice, and your continued use of the Service following any changes shall be deemed to be your acceptance of such change.
- MakeProSimp reserves the full right to modify, change, update, restrict, or discontinue any subscription plans, pricing, features, limits, usage rules, or availability of its Shopify Apps, Wix Apps, and Shopline Apps at any time without prior notice. Continued use of the Service after such changes shall constitute acceptance of the modified plans and usage terms.
6. Third-Party Platforms
- Our Services operate on third-party platforms, including Shopify, Wix, SHOPLINE, and other supported Platforms.
- Your use of these Platforms is governed by their respective Terms of Service, Privacy Policies, and other applicable agreements.
- You are solely responsible for complying with the policies and requirements of the applicable Platform.
- MakeProSimp is not responsible for the operation, availability, security, billing systems, or policies of any third-party Platform. Platform outages, policy changes, or technical limitations may affect the availability or functionality of our Services.
- You are responsible for complying with all policies, developer requirements, acceptable use policies, billing rules, and marketplace requirements of the applicable Platform.
7. Third-Party Services and Links
- Our Services may integrate with or contain links to third-party products, websites, APIs, applications, or services.
- These third-party services are provided solely for your convenience.
- MakeProSimp does not control, endorse, or guarantee any third-party service and is not responsible for its content, availability, security, functionality, or privacy practices.
- Your interactions with third-party services are governed solely by their respective terms and policies.
- MakeProSimp shall not be liable for any interruption, incompatibility, reduced functionality, or loss arising from changes made by third-party services, APIs, or providers.
8. Intellectual Property Rights
- All copyright, trademarks, and all intellectual property rights relating to the Services, including software, source code, object code, APIs, algorithms, AI models, documentation, designs, graphics, user interfaces, trademarks, logos, databases, and other materials, are owned by or licensed to MakeProSimp.
- Except as expressly permitted, you may not copy, reproduce, distribute, modify, reverse engineer, decompile, create derivative works from, sell, lease, sublicense, or otherwise exploit any portion of the Services.
- Subject to these Terms, MakeProSimp grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes.
- Any feedback or suggestions voluntarily provided to MakeProSimp may be used without restriction or compensation.
9. AI-Powered Services
- Certain Services or features may use artificial intelligence (“AI”) to generate recommendations, analyses, reports, summaries, or other content.
- AI-powered features may not be available in every application or on every supported Platform.
- AI-generated outputs are provided for informational purposes only and may contain inaccuracies or omissions.
- You are solely responsible for reviewing and validating AI-generated outputs before relying upon them for business, financial, operational, legal, marketing, or technical decisions.
- AI-generated content does not constitute professional advice.
- To the fullest extent permitted by law, MakeProSimp shall not be liable for decisions or losses resulting from reliance on AI-generated outputs.
- AI-generated outputs should not be considered legal, financial, tax, accounting, medical, cybersecurity, or other professional advice.
10. Availability of Services
- While MakeProSimp strives to provide reliable and continuous access to the Services, uninterrupted availability cannot be guaranteed.
- Services may be temporarily unavailable due to maintenance, updates, security incidents, internet failures, third-party Platform outages, or circumstances beyond our reasonable control.
- We reserve the right to modify, suspend, or discontinue any part of the Services where reasonably necessary.
- To the fullest extent permitted by law, MakeProSimp shall not be liable for losses arising from temporary interruptions or unavailability of the Services.
- Unless expressly agreed in writing, MakeProSimp does not provide any guaranteed uptime or Service Level Agreement (SLA).
11. Merchant Responsibilities
- You are solely responsible for obtaining all legally required customer consents before sending emails, SMS messages, WhatsApp messages, push notifications, browser notifications, or other communications using the Services.
- You are responsible for ensuring your use of the Services complies with all applicable laws and regulations, including privacy, marketing, and consumer protection laws.
- You are solely responsible for the accuracy, legality, and content of any notifications, messages, campaigns, customer data, or other information processed through the Services.
- MakeProSimp shall not be liable for any claims, fines, penalties, or damages arising from your failure to comply with applicable laws or Platform policies.
12. Disclaimer of Warranties
- The Services are provided on an “AS IS” and “AS AVAILABLE” basis to the fullest extent permitted by applicable law.
- MakeProSimp makes no warranties or representations, express or implied, regarding the accuracy, reliability, availability, performance, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation of the Services.
- We do not warrant that the Services will be free from errors, bugs, viruses, security vulnerabilities, or other harmful components.
- You acknowledge that your use of the Services is at your own risk.
13. Limitation of Liability
- To the fullest extent permitted by law, MakeProSimp shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.
- This includes, but is not limited to, loss of profits, revenue, business opportunities, goodwill, customers, business interruption, or data.
- Our total aggregate liability arising out of or relating to the Services shall not exceed the amount paid by you for the applicable Service during the twelve (12) months immediately preceding the event giving rise to the claim, unless prohibited by applicable law.
- Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, these limitations apply only to the maximum extent permitted by law.
14. Suspension and Termination
- MakeProSimp reserves the right to suspend, restrict, or terminate your access to any Service if you violate these Terms, applicable laws, or the policies of the applicable Platform.
- We may also suspend the Services where reasonably necessary to protect our systems, users, intellectual property, or business interests.
- Upon termination, your right to access paid features will cease, although obligations intended to survive termination shall remain in effect.
- Termination of these Terms does not affect any rights or obligations accrued before termination.
15. Indemnification
- You agree to indemnify, defend, and hold harmless MakeProSimp, its affiliates, employees, directors, partners, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party rights
16. Governing Law
- These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Rajkot, Gujarat, India, unless otherwise required by applicable law.
- Any dispute arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts having jurisdiction over MakeProSimp’s principal place of business, unless otherwise required by applicable law.
17. Force Majeure
- MakeProSimp shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control.
- Such events include, but are not limited to, natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, internet outages, cloud infrastructure failures, cyberattacks, pandemics, utility failures, or failures of third-party Platforms or service providers.
- During such events, our obligations shall be suspended for the duration of the event.
18. Severability
- If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- The invalid provision shall be interpreted to the maximum extent permitted by applicable law so as to best accomplish its original purpose.
19. Entire Agreement
- These Terms of Service, together with the applicable Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and MakeProSimp regarding the Services.
- They supersede all prior or contemporaneous communications, proposals, understandings, and agreements relating to the Services.
20. Waiver and Assignment
- Failure by MakeProSimp to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without our prior written consent.
- MakeProSimp may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.
21. Changes to These Terms
- MakeProSimp reserves the right to modify or update these Terms of Service at any time.
- Material changes will become effective upon publication on our website or through the applicable Platform, unless otherwise required by law.
- Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revised Terms.
- If you do not agree with the revised Terms, you must discontinue use of the Services.
22. Contact Information
If you have any questions regarding these Terms of Service or our Services, please contact us:
MakeProSimp
Website: www.makeprosimp.com
We will make reasonable efforts to respond to your inquiry in a timely manner.
Related Privacy Information
For information about data access, collection, use, retention, and your privacy rights when using Feedomix, review the Feedomix Privacy Policy.