Terms of Service – Simprosys Google Shopping Feed for Wix

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using our app Simprosys Google Shopping Feed and services operated by Simprosys Infomedia (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by requesting the same from our team on the same email thread or at support@simprosys.com.

The services offered by our app are based on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel/upgrade it or Simprosys Google Shopping Feed  cancels it on your request. You may cancel your Subscription renewal through your Wix store itself.

Free Trial
The app offers you a 21-days free trial to get familiar with the features and offerings. A trial extension will be provided by our team on a case-to-case basis after reviewing the account.

The free trial begins as soon as the app is installed on your Wix store. Simprosys Google Shopping Feed is not bound to provide a trial extension in any case.

Fee Changes
Simprosys Google Shopping Feed, in its sole discretion and at any time, may modify the Subscription fees for the services. This fee change will be only applicable to Merchants not on the paid subscriptions at the time of fee change. 

Merchants already on paid subscriptions shall remain on the same old plan even if we implement a new pricing structure as long as the app remains installed on their store. Once the app is deactivated/re-activated or uninstalled/re-installed or plan is upgraded/downgraded they will have to approve the subscription charges as per the new pricing structure.

Our team will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Refunds are processed under the following terms and conditions. 

1. Subscription fees are non-refundable; except that you may cancel your renewed subscription by contacting our support team at support@simprosys.com within three (3) calendar days after the renewal date and receive a refund of the new subscription fees.

2. In any case, refunds shall not be provided for more than 1 month.

3. Refunds shall not be processed for more than what you’ve been charged. Simprosys Google Shopping Feed is not liable to pay any claims higher than the amount you’ve been charged for the subscription or any add-on features.

4. Refunds will be only processed to the original mode of payment unless and until it gets impossible to refund on the same mode.

Our Service allows you to submit your product data from the Wix store to Google, Microsoft and Facebook. You are responsible for the Content that you submit to advertising platforms through the Service, including its legality, reliability, and appropriateness. Your product data must adhere to the policies of Google, Microsoft and Facebook. Please check out the below links for Google, Microsoft and Facebook policies.

By posting Content on or through the Service, You represent and warrant that:

the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms;
that 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 or entity;

the Content is relevant to the Merchant and/or products and provides value to shoppers;

the Content does not contain the following:

Illegal, copyrighted, or plagiarized content

Impersonated, dishonest and biased content

spam, sexually explicit material, hate speech, profane or offensive language

personal and confidential information such as full names, phone numbers, email addresses

cross-promotion of other products/websites, off-topic and duplicated content

the Content complies with Google, Microsoft and Facebook policies.

We reserve the right to terminate the account of anyone found to be infringing on a copyright and/or breaching any of the representations and warranties set out above. 

By posting Content on or through the Services, you agree to defend and indemnify Simprosys Google Shopping Feed, its affiliates, directors, officers, employees, and Users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding (including regulatory proceedings) to the extent claiming that use of Licensed Content infringes or violates the third party’s intellectual property or other rights including applicable privacy or data protection legislation.

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 take no responsibility and assume no liability for the Content you or any third party posts on or through the Service. However, by posting or submitting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

You agree that this license includes the right for us to automatically sync products on the Service and otherwise make your Content available to other users of the Service, who may also use your Content subject to these Terms. As a merchant, you may amend or withdraw any product data submitted by you by logging into your user profile.

Simprosys Google Shopping Feed has the right but not the obligation to monitor and edit all Content provided by merchants.

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Data Protection
In providing our Service to you, we may process personal data about your customers. Such processing shall be in accordance with advertising platform policies which you agree to by entering into these Terms.

We get basic information from a store including Currency, Shipping Zones, Password enabled status, Policies, etc. These are used to ensure the store’s alignment with the Advertising Platform’s requirements.

We do not use any personally identifiable information of store owners to send any promotional emails related to cross-selling or launching of any other service that is not in the scope of this app. However, we do send emails related to updates launched, bug fixes, updates in the documentation, and any other change that may affect the utility of this app.

We do not share or transfer any of the user’s information to other parties unless (a) to comply with applicable laws, and (b) as part of a merger, acquisition, or sale of assets with notice to users.

When you install the app, we will maintain your question and Personally Identifiable Information for our records.

When you choose to connect a 3rd party account / any advertising platforms (example: Google, Microsoft and Facebook), we store the tokens provided to the app by the 3rd party to be used for the services provided by the app, e.g. create product feeds and/or ad campaigns.

When you choose to uninstall the app, we keep your personal information saved for 30 days. Past these 30 days, all your data will be automatically deleted from the database.

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Simprosys Google Shopping Feed and its licensors. The Service is protected by copyright, trademark, and other laws of India. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Simprosys Google Shopping Feed by Simprosys.

You agree to defend, indemnify and hold harmless Simprosys Google Shopping Feed and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Service (including without limitation any claim that such Content infringes the intellectual property rights of any other person).

Limitation Of Liability
In no event shall Simprosys Google Shopping Feed, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Simprosys Google Shopping Feed, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Service Commitment
We undertake to use reasonable endeavors to make the Service available with a monthly uptime percentage of at least 99.9% during any calendar month (the ‘Service Commitment’).

The Service Commitment does not apply to any unavailability that is directly and exclusively caused by (i) factors outside of our reasonable control, including any force majeure event, (ii) your breach of these Terms(iii) any defect in the equipment, software or other technology operated by you or any third party and/or (iv) any emergency or scheduled maintenance.

Services are monitored 24/7 and 365 days a year and we aim to respond to critical service issues within 30 minutes and to provide regular updates until any issue is resolved and will commit all reasonable resources to ensure the speediest resolution to critical issues. We will aim to resolve critical bugs within 5 working days.

We plan our maintenance to minimize disruption. All planned maintenance will be announced as in-app notifications. We will notify you of any planned maintenance that exceeds 20 minutes, via email. If maintenance is expected to be less than 20 minutes, an in-app notification will be displayed.

Contact Us
If you have any questions about these Terms, please contact us at support@simprosys.com.