Terms of Service
Last updated: 2022-05-01
Please read these Terms of Service carefully. If you do not agree with these terms, then you must not use the Service.
Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Texas, United States
Application refers to Writer Sofia, accessible from https://sofia.hitthespot.dev/
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Provider (referred to as either "Company", We", "Us" or "Our" in this Agreement)
Service refers to the services provided on https://sofia.hitthespot.dev/
Website refers to Writer Sofia, accessible from https://sofia.hitthespot.dev/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Provider. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Provider does not permit those under 18 to use the Service.
our access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Provider. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.Your Right to Content
Our Service allows You to publish Content to your Shopify store. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. We do not assert copyright over Content generated by the AI for you or your end users.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Provider is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Generating content for dissemination in electoral campaigns.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Provider and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Provider reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Provider further reserves the right to make formatting and edits and change the manner any Content. The Provider can also limit or revoke the use of the Service if You post such objectionable Content. As the Provider cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Provider be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Provider do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Provider will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Provider has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Fee Changes
The Provider, in its sole discretion and at any time, may modify the credit fees. The Provider will provide You with reasonable prior notice of any change in credit fees before such change becomes effective.
Your continued use of the Service after the fee change comes into effect constitutes Your agreement to pay the modified credit fee amount.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Provider and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Provider.
Termination
The Provider may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Provider.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Refunds
Except when required by law, paid credit fees are non-refundable.
We will only issue a free credit refund if:
- The generated content is too short (less than 50 characters)
- The generated content contains inappropriate information (refer to Content Restrictions)
- The generated content is completely not related to the product title and keywords you submitted
Please report the content to us within 7 days of the content creation date. We will review your request and if approved, we will issue a free credit to your account. The credit we issue to your account can be used to generate new product descriptions on the app. Please not that we do not issue cash refunds, we only offer a refund in the form of credit.
Certain refund requests may be considered by the Provider on a case-by-case basis and granted at the sole discretion of the Provider.
Free Trial
The Provider may, at its sole discretion, offer free credits with a Free Trial for a limited period of time.
At any time and without notice, the Provider reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.