Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”, “Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Shott.ai (“we”, “us” or “our”), concerning your access to and use of the Shott.ai application for Shopify (“the Service”).

By installing, accessing, or using our Service, you agree that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Service and you must discontinue use immediately.

2. Description of Service

Shott.ai is a Shopify application that uses artificial intelligence to automatically generate product videos from your store's product information, including but not limited to product titles, descriptions, images, and other media. The Service includes:

• AI-powered video generation from product data
• Video editing and customization capabilities
• Scene templates and transitions
• Music and narration options
• Video export and download features
• Integration with Shopify's platform

3. Eligibility and Account Requirements

To use our Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have a valid and active Shopify store
• Have the legal authority to enter into these Terms
• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

4. Acceptable Use Policy

You agree not to use the Service in any way that:

• Violates any applicable laws, regulations, or third-party rights
• Infringes on intellectual property rights, including copyrights, trademarks, or patents
• Contains content that is defamatory, obscene, offensive, discriminatory, or harmful
• Misleads or deceives consumers through false or deceptive content
• Promotes illegal activities or substances
• Attempts to gain unauthorized access to our systems or other users' accounts
• Interferes with or disrupts the Service or servers
• Circumvents any security features or access restrictions
• Uses automated systems or software to extract data from the Service
• Imposes an unreasonable load on our infrastructure

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to your product information, images, logos, and other content you provide to the Service (“Your Content”). By using our Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content solely for the purpose of providing and improving the Service.

5.2 Generated Videos

Videos created using our Service (“Generated Content”) are owned by you, subject to any third-party rights in the underlying content. You are solely responsible for ensuring you have all necessary rights, licenses, and permissions to use all elements included in the Generated Content, including but not limited to images, music, and any other media.

5.3 Our Intellectual Property

The Service, including its software, features, functionality, design, and all associated intellectual property rights, is owned by Shott.ai and is protected by copyright, trademark, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, domain names, or other distinctive brand features.

5.4 Music and Media Library

We provide a library of music tracks and other media elements for use in your videos. While we have obtained commercial licenses for this content, we cannot guarantee immunity from copyright claims or strikes. You acknowledge and agree that:

• You use all music and media at your own risk
• We are not responsible for any copyright claims against your videos
• You should verify rights for your specific use case, especially for commercial purposes
• Some platforms may have their own content policies that affect the use of certain music

6. Payment Terms and Billing

6.1 Subscription Fees: Our Service is offered through various subscription plans as detailed on our pricing page. All fees are processed through Shopify's billing system and will appear on your Shopify invoice.

6.2 Payment Authorization: By subscribing to a paid plan, you authorize Shopify to charge your designated payment method for all applicable fees on a recurring basis according to your selected billing cycle.

6.3 Price Changes: We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Your continued use after the price change becomes effective constitutes your agreement to pay the updated price.

6.4 Refunds: All fees are non-refundable except as required by law or as explicitly stated in our refund policy. We do not provide refunds for unused time or video credits.

7. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy.

We comply with applicable data protection laws, including GDPR where applicable. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.

8. Warranties and Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will be compatible with all Shopify themes or third-party apps

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOTT.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Shott.ai and its officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party
• Any claim arising from videos you create using the Service

11. Third-Party Services and Content

Our Service integrates with Shopify and may contain links to or integrate with other third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of such services is at your own risk and subject to their respective terms and conditions.

12. Termination

12.1 Termination by You: You may terminate your account at any time by uninstalling the app from your Shopify store or canceling your subscription through Shopify.

12.2 Termination by Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.3 Effect of Termination: Upon termination, your right to use the Service will cease immediately. We may delete your data in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination shall survive.

13. Dispute Resolution and Governing Law

13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

13.2 Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Dublin, Ireland, and you hereby consent to the personal jurisdiction and venue therein.

13.3 Informal Resolution: Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other party through the contact information provided below.

14. Compliance with Laws

You agree to comply with all applicable laws and regulations in your use of the Service, including but not limited to:

• Consumer protection laws
• Data protection and privacy laws
• Intellectual property laws
• Export control laws and regulations
• Anti-spam legislation

15. General Provisions

15.1 Entire Agreement: These Terms constitute the entire agreement between you and Shott.ai regarding the Service and supersede all prior agreements and understandings.

15.2 Amendments: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the “Last updated” date. Your continued use after such modifications constitutes acceptance of the updated Terms.

15.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

15.4 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.5 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us at:

17. Shopify Compliance

As a Shopify app, we comply with all applicable Shopify policies, including:

• Shopify Partner Program Agreement
• Shopify API License and Terms of Use
• Shopify App Store Requirements
• Data protection and privacy requirements for Shopify apps

We handle mandatory compliance webhooks as required by Shopify for data subject requests, including customer data access, deletion, and shop data deletion requests.