Terms of Service

Last updated: October 16, 2015

1. The SmartSEO Service The SmartSEO app for Shopify (Service) and the Kabuki Themes website is provided by Seven Spikes LTD (us we). Your use of this Service and website and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service. We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.

2. Eligibility 2.1 You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.

2.2 You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

3. Registration and Account Terms 3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

3.2 Your login may only be used by one person – a single login shared by multiple people is not permitted.

3.3 You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.

4. Pricing, Plans and Features 4.1 The Service and all its features are free to use. Because the Service requires a valid Shopify shop, we will not take responsibility for any costs incurred by you for the use of the Shopify shop.

4.2 We reserve the right to change pricing at any time. We will notify all users by posting a news item on our website and by sending a newsletter to all subscribed users.

5. Cancellation and Termination 5.1 You many cancel your account or accounts at any time.

5.2 Cancellation can be done either by removing the SmartSEO app for Shopify from your store or by our Sales at [email protected]

5.3 We may terminate your user account and all content and materials associated with it at any time where these Terms of Service have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.

6. Copyright, Trademarks, and Content Ownership 6.1 SmartSEO and the SmartSEO logo are trademarks of Seven Spikes Ltd.. All other trademarks are the property of their respective owners.

6.2 We claim no intellectual property rights over your Shopify data. Your Shopify data remains yours. We will not store it on our servers or use in any other way but to show it to you in your SmartSEO app which runs in the browser when you are working with Gmail.

6.3 The design of the Kabuki Themes website and Service are property of Seven Spikes Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the code or the design of the Kabuki Themes website or Service without express written permission from Seven Spikes Ltd.

7. Specific Service Rules 7.1 Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

7.2 As a user of the Service you agree not to do any of the following:

- Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.

- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libelous, profane, defamatory, racist, or in any other way inappropriate or objectionable.

- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organizations.

- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.

- To pose as another user, third party or organization employee for the purposes of obtaining user or third party information.

- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.

- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.

- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.

- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.

- Adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kabuki Themes, or any other SmartSEO service.

- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.

- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.

7.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms of Service.

8. Access and Performance 8.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason,whether within or outside our direct control.

9. Disclaimer 9.1 We are not responsible for the accuracy of any content on the Service.

9.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.

10. Limitation of Liability 10.1 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.

11. Indemnity 11.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms of Service whilst using the Service or any other service provided by us.

12. Severability 12.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms of Service shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

13. Waiver 13.1 Failure by us to enforce any accrued rights under these Terms of Service is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

14. Jurisdiction 14.1 These Terms of Service shall be interpreted, construed and enforced in accordance with European Union law and shall be subject to the exclusive jurisdiction of the Bulgarian Courts

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