For Shopify Stores

Terms of Service

The rules that govern your use of Facetify.

Screenshot coming soon

Last updated: December 2, 2024

Summary: By installing Facetify, you agree to pay for usage, use the service responsibly, and accept that we provide it "as is" without guarantees. Disputes are resolved by arbitration in Stockholm, Sweden.

1. Agreement

By installing or using Facetify ("Service"), you ("Merchant") agree to these Terms of Service with Ofenbock Consulting AB ("we", "us", "Company").

If you do not agree to these terms, do not install or use the Service.

2. Service Description

Facetify provides search, filtering, and product recommendation services for Shopify stores. Features include:

  • Fast product search with autocomplete
  • Dynamic filtering by product attributes
  • AI-powered product recommendations
  • Multi-language and multi-market support

3. Pricing and Payment

Facetify uses usage-based billing through Shopify's billing system. You pay for what you use (searches, recommendations, indexing). Current pricing is displayed on our pricing page.

We may change pricing with 30 days notice. Continued use after the notice period constitutes acceptance of new pricing.

4. Your Responsibilities

You agree to:

  • Comply with Shopify's Terms of Service and Acceptable Use Policy
  • Ensure you have rights to all product data synced to our service
  • Pay for all usage charges on time
  • Not use the Service for illegal purposes
  • Not attempt to reverse-engineer or exploit the Service
  • Not use the Service in ways that could harm other users or our infrastructure

5. Intellectual Property

Our property: Facetify, including its code, design, and algorithms, is owned by Ofenbock Consulting AB. You receive a limited license to use the Service, not ownership.

Your property: You retain ownership of your product data, store content, and customer information. You grant us a license to process this data solely to provide the Service.

6. Disclaimer of Warranties

IMPORTANT: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure
  • Search results will be accurate or complete
  • The Service will meet your specific requirements
  • Any defects will be corrected

We do not provide an uptime SLA unless separately agreed in writing.

7. Limitation of Liability

IMPORTANT: READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

To the maximum extent permitted by law:

  • We are NOT LIABLE for any indirect, incidental, special, consequential, or punitive damages
  • We are NOT LIABLE for lost profits, revenue, data, or business opportunities
  • We are NOT LIABLE for service interruptions, downtime, or data loss
  • We are NOT LIABLE for any third-party claims against you
MAXIMUM LIABILITY:
Our total liability for any claims arising from your use of the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months before the claim arose, or (b) USD $100.

This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ofenbock Consulting AB, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Claims by your customers related to your use of the Service

9. Termination

By you: You may uninstall Facetify at any time through the Shopify admin. Uninstalling terminates this agreement.

By us: We may suspend or terminate your access immediately if you:

  • Violate these Terms
  • Fail to pay charges when due
  • Use the Service in a way that harms us or other users

We may also discontinue the Service entirely with 30 days notice.

After termination: Your product data will be deleted within 30 days, except where retention is required by law (e.g., billing records).

10. Changes to Terms

We may update these Terms at any time. For material changes, we'll provide 30 days notice via email or in-app notification.

Continued use of the Service after the notice period constitutes acceptance of the updated Terms.

11. Governing Law and Dispute Resolution

GOVERNING LAW:
These Terms are governed by the laws of Sweden, without regard to conflict of law principles.

DISPUTE RESOLUTION:
Any dispute arising out of or in connection with these Terms shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

Seat of arbitration: Stockholm, Sweden
Language: Swedish or English (at claimant's choice)
Rules: SCC Arbitration Rules

The arbitration award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

12. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service.
  • Severability: If any provision is held invalid, the remaining provisions remain in effect.
  • No Waiver: Our failure to enforce any right does not waive that right.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or acquisition.
  • Force Majeure: We are not liable for failures caused by events beyond our reasonable control (natural disasters, war, government actions, etc.).

13. Contact

Questions about these Terms? Contact us:

Ofenbock Consulting AB
Stockholm, Sweden
hello@ofenbock-consulting.com