1. ACCEPTANCE OF TERMS OF SERVICE
1.1. These terms of service (“Agreement”) provide the terms and conditions on which Shark Byte Inc. (“Shark Byte”, “we”, “our”) provides to the customers (“you”, “customer”, “user”) access to Shark Byte’s proprietary FAQ builder and customer service Help Desk platform for ticketing service (emails, live chat and social chat) (“Service”) for online stores and related interfaces („App“).
1.2. By accepting of this Agreement or by accessing and using the Service you are entering into a legally binding agreement with us. Acceptance of the Agreement terminates any prior agreements between you and us, including, but not limited to, any prior versions of the Terms of Service.
1.3. By entering into this Agreement, you should be at least 18 years old and have the legal capacity to be bound by this Agreement, and have the necessary rights and authority to enter into and perform the obligations required under this Agreement. You are binding companies or bodies if you are entering this Agreement on behalf of them as their representative.
1.4. We reserve the right to amend, add, or remove parts of the Agreement without prior notice. You will be notified about changed/supplemented or updated Agreement. In case you do not agree with the changes/supplements or update you must stop using the App. Otherwise, usage of the Service will be deemed as acceptance of the changes/supplements or updates.
1.5. If you do not agree to these Terms of Service, do not use the App. We reserve the right to refuse the use of the App for any reason at any time, including but not limited to the right to suspend the use of the App if we determine, that you are using the App in a manner that breaches clauses of this Agreement. Suspension of use of the App shall not release you from your obligations under this Agreement.
1.6. You may not assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void.
2. REGISTRATION & ACCOUNT
2.1. You must provide a valid email address and any other information requested in order to complete the registration process, and to create your account. One person or company may maintain more than one account that will be linked to the different email addresses of that person or company.
2.2. You will ensure that all account information of all users remains complete, accurate, and current. Accounts registered by “bots” or other automated methods are not permitted. You are solely responsible for maintaining the security of your account and password. You will be liable for any unauthorized use of the App or for any illegal or unauthorized activities. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.3. You may permit your employees and others to use the account solely on your behalf, and you shall ensure that all such users comply with the clauses of this Agreement by using the App. Additionally, you will be fully liable for the acts, omissions, or violation of this Agreement by any and all users of the App.
2.4. In the event of any unauthorized use of your account, you will take all steps necessary to terminate such unauthorized use, and shall immediately notify us of any security breaches, incidents, threats, or vulnerabilities involving the Service that come to your attention, including without limitation any compromise of the username and password associated with your account or unauthorized use of your account or the Service.
3. USAGE OF THE APP
3.1. In order to access and use the App, you are responsible at your own expense for obtaining internet access, and any applicable hardware and software required.
3.2. The App provided on the Shopify platform under https://apps.shopify.com/helpcenter.
3.3. The App provides FAQ page creation functionality and client service Help Desk, which includes ticketing service (i.e. the possibility to contribute all available mailboxes, live chats, FB messenger, and receive clients’ requests in one place through all of the mentioned channels as well as answer to the clients’ requests).
3.4. Communication with clients on all channels – email, live chat, and social chat (e.g. FB Messenger) is treated as a “ticket”. Tickets are counted as used only when agent/team leader sends the response or a new email to the client from the Help Desk system.
3.5. Once you close the ticket and the client replies to the same ticket within three days, the closed ticket will reopen, additional ticketing plan resources won’t be used. If the client reaches out to you again after more than three days, a new billable ticket will be opened.
3.6. Auto-responses to the clients from automation workflow are not counted as billable tickets.
3.7. We reserve the right at any time and from time to time to modify or discontinue the operation, support, and service of the App, with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the App.
4. CONTENT OWNERSHIP
4.1. You understand and agree that the App and all source codes, and other content on or made available through us are owned by Shark Byte or it’s licensors.
4.2. We claim no intellectual property rights over the material you provide to/through the App.
5. USE RESTRICTIONS
5.1. You shall not (and shall not to permit or encourage other users or any third party to directly or indirectly):
5.1.1. use the App to develop or market any product, software or service that is functionally similar to or derivative of the App, or for any other purpose not expressly permitted in this Agreement;
5.1.2. modify, alter, tamper with, repair, debug, reverse engineer, decompile, disassemble, or otherwise create derivative works of the App;
5.1.3. sell, resell, sublicense, distribute, rent or lease the App, or include the App in any service bureau or outsourcing operation;
5.1.4. use the App to store or transmit malicious code, files, scripts, agents, or programs, including without limitation viruses, worms, Trojan horses, software bombs, any unauthorized robots or scrapers, etc.;
5.1.5. by using the App not to contain any unlawful, defamatory, offensive, libelous, harassing, abusive, fraudulent, pornographic or obscene content or material;
5.1.6. interfere with or disrupt, compromise, or degrade the integrity or performance of the App;
5.1.7. disclose or make accessible passwords, codes, or API keys provided to you;
5.1.8. use the App in violation of applicable laws, rules, or regulations; or
5.1.9. use the App to infringe the intellectual property rights, or otherwise violate the rights of others.
6. PRICING & PAYMENT
6.1. Payment plans for the Service:
6.1.1. The FAQ builder has Premium monthly and Premium yearly plans, and
6.1.2. Help Desk services (ticketing service) have Professional monthly and Professional yearly plans. These plans include both FAQ builder and Help Desk service.
6.2. Monthly recurring plan’s payments repeat automatically every 30 days.
6.3. Annual plan users are charged once a year.
6.4. The payments are processed by the Shopify processor. If you sign up for any of our plans or activate the auto-recharge option, you will be charged for our services on a recurring basis. Any plan you purchase from us will automatically renew unless you cancel your plan.
6.5. Valid payment methods include, but are not limited to, credit cards and integrated third party payment methods. The payment method must be in good standing and chargeable at any time.
6.6. We reserve the right to change our plans or prices. Details for the plans, including but not limited to features enumerated on our website and the prices, are subject to change upon 30 days notice from us. Such notice may be provided at any time via any channel.
7. UPGRADING/DOWNGRADING/CANCELLING SUBSCRIPTION
7.1. Switching plans. Upgrading from Monthly to Yearly plan will prorate the Monthly plan subscription. Downgrading from Yearly to Monthly plan is possible only when the annual plan period is over. For more information please contact [email protected].
7.2. If you downgrade from Professional plan (with ticketing service) to Premium plan (without ticketing service) or Free plan, unused Professional plan tickets will be canceled. For the unused Professional monthly plan period, Shopify billing will issue app credit for Monthly plan.
7.3. Downgrading from Yearly plan to Free is possible. In this case all Premium or Professional plan features are suspended, unused Professional yearly plan tickets will be canceled. Please contact [email protected], as Shopify billing does not support automatic app credit in such cases.
7.4. You reserve the right to suspend or delete your account and refuse any and all current or future use of the App, for any reason at any time. Such termination of the App will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all data in your account.
7.5. In case you will uninstall the App:
7.5.1. Help Desk ticketing service history will be available only 48 hours after the App was uninstalled and will be irrevocably deleted due to the requirements of the General data protection regulation (“GDPR”) and Shopify webhooks policy, related to GDPR requirements (https://shopify.dev/tutorials/add-gdpr-webhooks-to-your-app); and
7.5.2. FAQ content will be saved for 30 days after the App was uninstalled. Later it will be deleted and cannot be restored.
8. CONFIDENTIALITY
8.1. Confidential information (“Confidential Information”) means any and all information and data that is disclosed by either party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement, which is identified or should be reasonably understood to be confidential.
8.2. Confidential Information includes without limitation information (tangible or intangible) regarding technology, designs, techniques, research, know-how, specifications, pricing plans, current or future strategic information, current or future business plans, policies or practices, employee information, and other business and technical information.
8.3. Confidential Information shall not include any information that (a) is or becomes generally known to the public through the fault of, or breach of this Agreement by, the Receiving Party; (b) is rightfully in the Receiving Party’s possession at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the Receiving Party without the use of the Disclosing Party’s Confidential Information; or (d) is rightfully obtained by the Receiving Party from a third party without restriction on use or disclosure.
8.4. The Receiving Party shall not disclose the Confidential Information to any third party other than its contractors who have a need to know and are bound by confidentiality obligations no less restrictive than this Agreement, and not to use the Confidential information for any purpose outside of this Agreement or authorized public authorities.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permissible by law, Shark Byte’s total liability for all damages arising out of or related to the Service or this Agreement, whether in contract, tort (including negligence) or otherwise, shall not exceed the total amount of fees paid by the customer to us under this Agreement with respect to the then-current subscription term.
9.2. Shark Byte shall not be liable for any lost profits, loss of business opportunity, loss of data, or any direct, indirect, incidental, special, incidental, consequential, exemplary or punitive damages, resulting from: the use or the inability to use the App; the cost or damages arising by communicating to your clients; or any other matter relating to use the App, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
9.3. Shark Byte shall not be liable or responsible, nor be considered to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement to the extent such failure or delay is caused by or results from any act, circumstance or other cause beyond the reasonable control, including flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable technology or components, telecommunication breakdown, or power outage (force majeure).
10. GENERAL CONDITIONS
10.1. Customer shall reasonably cooperate with Shark Byte in all matters relating to the App usage, and respond promptly to any request to provide information, approvals, authorizations or decisions that are reasonably necessary for us to fulfill our obligations in accordance with this Agreement.
10.2. Customer shall be in compliance with all applicable laws, including but not limited to all applicable laws and regulations pertaining to privacy and data protection. Customer will provide us with any information, or materials that we request to verify customer’s compliance with the eligibility requirements and other clauses of this Agreement.
10.3. Shark Byte may give any notices issued in connection with this Agreement by email to you at the email address given by creating the account, and such notices shall be effective upon confirmation of transmission to you.
10.4. Shark Byte shall have the right to use customer’s name and logo on the clients lists published and/or provided in marketing materials that such use is previewed and pre-approved by you. We may announce the relationship hereunder in a press release provided that we obtain your prior approval of the wording of the release (not unreasonably withheld).
10.5. The current laws of the State of Florida (the United States) shall be applicable to the Agreement and the disputes arising of this Agreement.
10.6. In the event of any dispute arising from, or in connection with, this Agreement, the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution. Within 10 days after receiving the notice, the parties must, by their representatives who have the authority to reach a resolution on behalf of the party, meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the dispute, or (if the dispute is not resolved) agree on an alternate method to resolve the dispute, within 15 days after receipt of the notice, the dispute may be referred by either party (by notice in writing to the other party) to litigation in the State and Federal courts located in the state of Florida and in the Palm Beach.
10.7. If any provision of this Agreement is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or invalidate or render unenforceable such provision.
10.8. We welcome your suggestions or feedback on how to improve the App. If you provide any ideas, suggestions, or recommendations regarding the App, we shall have a perpetual worldwide license to copy, retain, use and incorporate such Feedback in our products and/or tools, without payment of royalties or other consideration to you.