1. About These Terms
These Terms of Service ("Terms") are a legal agreement between you and SpaceSoft Ltd., a company registered in Hong Kong, trading as Optinify ("we," "us," "our"). By using our website at optinify.ai, installing our Shopify apps, or using any of our services, you agree to these Terms. If you don't agree, please don't use our services.
1.1 Changes to These Terms
We may update these Terms from time to time. If we make significant changes, we'll notify you by email or through our app. Your continued use after changes means you accept the new Terms. Please check this page regularly.
2. Using Our Services
2.1 Your Account
To use our apps, you need a Shopify store and must install our app through the Shopify App Store. You're responsible for keeping your account secure, all activities under your account, and making sure all information you provide is accurate and current. If you notice any unauthorized access, contact us immediately at support@optinify.ai.
2.2 What You Can Do
We give you permission to use our apps and services for your Shopify store. This permission is limited and can be revoked if you violate these terms. You can use the app in your store, access our website and documentation, and receive updates and support.
2.3 What You Can't Do
You agree not to reverse engineer or copy our software, modify or create derivative works, remove our branding or copyright notices, resell or redistribute our services, use our services for anything illegal, try to hack or disrupt our systems, use bots or automated tools to access our services, or share your account with others. Violating these restrictions may result in immediate termination of your account.
3. Shopify Integration
Our apps work through the Shopify platform. When you install our app, you authorize us to access certain data from your Shopify store as disclosed during installation. Billing is processed entirely by Shopify—we never see your credit card information. You agree to both these terms and Shopify's Terms of Service. We're an independent app developer and not affiliated with Shopify Inc. If Shopify changes their platform or policies, it may affect how our app works, and we're not responsible for issues caused by Shopify's platform.
4. Payments and Subscriptions
4.1 Pricing and Billing
All payments are processed by Shopify on behalf of SpaceSoft Ltd. You agree to pay all fees for the services you use, including subscription fees, usage fees (if applicable), and any applicable taxes. Prices are shown in your Shopify admin and may vary by plan.
4.2 Subscriptions
Most of our services work on a subscription basis, billed monthly or annually. Your subscription automatically renews unless you cancel. You'll be charged at the start of each billing period. All fees are generally non-refundable except as described below or required by law.
4.3 Free Trials
Some services may offer a free trial. No charges during the trial period. If you don't cancel before the trial ends, you'll automatically start paying for the subscription. Trial terms will be clearly shown when you sign up.
4.4 Cancellation
You can cancel anytime by uninstalling the app from your Shopify admin or contacting us at support@optinify.ai. Cancellation takes effect at the end of your current billing period. You'll keep access to paid features until then, but no refunds for unused time. Cancelling doesn't automatically delete your data—see Section 10 for data deletion.
4.5 Price Changes
We may change our prices with 30 days' notice to existing subscribers. New prices apply at your next billing cycle. If you don't like the new price, you can cancel before it takes effect.
4.6 Refunds
Generally, we don't provide refunds for partial billing periods. However, we may issue refunds at our discretion for extended service outages (over 48 hours), serious technical problems that prevent the app from working (if reported within 7 days), or billing errors. To request a refund, email support@optinify.ai within 30 days of the charge. Approved refunds are processed through Shopify within 5-10 business days.
5. Your Data and Content
5.1 Your Data
You own all the data you put into our app. By using our services, you give us permission to store, process, and use your data to provide the service, sync with your Shopify store, and improve our app. We may also use anonymized data (that can't identify you or your store) for research and analytics.
5.2 Your Responsibilities
You're responsible for the content you upload or create using our services. You promise that you have the right to use any content you upload, your content doesn't violate any laws or anyone's rights, and you won't upload anything illegal, harmful, or offensive.
5.3 Feedback
If you send us suggestions, ideas, or feedback, we can use them for any purpose without paying you or asking permission. This helps us improve our services based on user input.
6. Our Services
6.1 Service Availability
We work hard to keep our services running smoothly, but we can't guarantee 100% uptime. Services are provided "as available." We may need to take the service down temporarily for maintenance or updates, and we'll try to give advance notice when possible.
6.2 Changes to Services
We may modify, add, or remove features at any time. We may also discontinue services with or without notice. We'll try to let you know about major changes, but we're not liable if we change or discontinue services.
6.3 Third-Party Services
Our services may integrate with or link to third-party services. We're not responsible for third-party services or their content. Use them at your own risk and make sure to read their terms and policies.
7. Intellectual Property
We own all rights to our apps, website, documentation, logos, and other materials. These Terms don't transfer any ownership rights to you. You can't use our trademarks or branding without written permission. All intellectual property rights remain with SpaceSoft Ltd.
8. Privacy and Security
We take your privacy seriously. How we collect, use, and protect your data is explained in our Privacy Policy at optinify.ai/privacy. By using our services, you agree to our Privacy Policy. We use industry-standard security measures to protect your information, including encryption, secure servers, and access controls. However, no system is 100% secure. You're responsible for keeping your password safe and notifying us of any security issues.
9. Termination
9.1 You Can Leave Anytime
You can stop using our services at any time by uninstalling the app or contacting us at support@optinify.ai.
9.2 We Can Terminate Your Account
We may suspend or terminate your account immediately if you violate these terms, engage in fraudulent or illegal activity, don't pay your fees, abuse our services or staff, or cause harm to our services or other users. We'll try to give you notice when reasonable, but we may need to act immediately in serious cases.
9.3 What Happens After Termination
After termination, you immediately lose access to our services. You're still responsible for any unpaid fees. We may delete your data according to our retention policy. Some sections of these Terms survive termination, including payment obligations, disclaimers, and limitations of liability.
10. Data Retention and Deletion
We keep your data as long as your account is active and for a reasonable time afterward. After you cancel, we keep some data for up to 90 days in case you want to reactivate. Some information may be kept longer if required by law. To request complete data deletion, email support@optinify.ai with "Data Deletion Request" in the subject line. We'll process deletion requests within 30 days. Deletion is permanent and cannot be undone.
11. Disclaimers
THE FOLLOWING DISCLAIMERS ARE IN ALL CAPS TO MAKE THEM LEGALLY ENFORCEABLE AND CONSPICUOUS AS REQUIRED BY LAW.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPACESOFT LTD DISCLAIMS ALL WARRANTIES, 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 OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM USING OUR SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES ARE FREE FROM HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Limitation of Liability
THE FOLLOWING LIMITATION OF LIABILITY IS IN ALL CAPS TO MAKE IT LEGALLY ENFORCEABLE AND CONSPICUOUS AS REQUIRED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPACESOFT LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).
THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE OUR SERVICES TO YOU AT OUR CURRENT PRICING WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless SpaceSoft Ltd, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, your violation of any applicable laws or regulations, your violation of any third-party rights (including intellectual property or privacy rights), or any content you upload or submit through our services. This means if someone sues us because of something you did, you're responsible for defending us and paying any resulting costs.
14. Dispute Resolution
14.1 Try to Resolve Informally First
If you have a dispute with us, please contact us first at support@optinify.ai. Most issues can be resolved through friendly discussion. Give us at least 30 days to try to resolve your concern before taking legal action.
14.2 Governing Law
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles. Any disputes will be handled in the courts of Hong Kong, and you consent to the exclusive jurisdiction of those courts. However, we may seek injunctive or other equitable relief in any court with jurisdiction to protect our intellectual property or confidential information.
14.3 Arbitration
At our sole discretion, we may require that any dispute arising from these Terms be resolved through binding arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitration will be conducted in Hong Kong in the English language. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party will bear its own costs unless the arbitrator decides otherwise.
15. General Terms
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SpaceSoft Ltd regarding our services. They replace and supersede any previous agreements, understandings, representations, or warranties, whether written or oral.
15.2 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section will be void. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. You'll be notified of any such transfer.
15.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision will be severed from these terms. The remaining provisions will continue in full force and effect.
15.4 No Waiver
Our failure to enforce any right or provision in these terms does not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by our authorized representative. A waiver in one instance does not constitute a waiver in any other instance.
15.5 Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, telecommunications or internet failures, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15.6 No Third-Party Beneficiaries
These Terms are for the benefit of you and SpaceSoft Ltd only. No other person or entity has any rights under these terms, and no third party is entitled to enforce any provision of these terms.
16. Additional Terms for Specific Features
Some features or services may have additional terms and conditions that will be presented to you before you access or use those features. Those additional terms supplement these Terms and become part of your agreement with us. In case of any conflict between the additional terms and these terms, the additional terms will control with respect to that specific feature or service.
17. Contact Us
If you have questions, concerns, or complaints about these terms, please contact us at support@optinify.ai. We typically respond within 1-2 business days. For formal legal notices, send an email to support@optinify.ai with "Legal Notice - Terms of Service" in the subject line.
Company Details: Legal Entity: SpaceSoft Ltd; Trading Name: Optinify; Registered in: Hong Kong Special Administrative Region; Website: https://optinify.ai; Parent Company: https://www.spacesoft.co/; Support Email: support@optinify.ai