Terms of Service

1. Acceptance of Terms

Welcome to NativeProof. By accessing, installing, or using our product reviews application for Shopify ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Merchant," "you," or "your") and NativeProof ("we," "us," or "our").

If you do not agree to all the terms and conditions of this agreement, you may not access or use the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Service

NativeProof is a product reviews application designed exclusively for Shopify e-commerce stores. Our Service leverages Shopify's native infrastructure to provide high-performance, theme-native product reviews with zero layout shift.

2.1 Core Features

The Service provides the following features:

• Review Collection: Tools for collecting customer reviews including text, photos, and video content
• Display Widgets: Multiple customizable widget options including carousels, grids, star rating badges, and trust badges for displaying reviews on your storefront
• Verified Buyer Detection: Automatic verification of purchases through integration with Shopify order data
• Import and Migration: Ability to migrate existing reviews from other platforms via CSV import
• Google Shopping Integration: XML feed generation for Google Merchant Center product reviews
• Review Management: Dashboard for moderating, approving, and responding to customer reviews
• Email Review Requests: Automated email campaigns to request reviews from customers post-purchase

2.2 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for any reason including maintenance, updates, or business decisions.

2.3 Shopify Platform Dependency

NativeProof operates exclusively as a Shopify application and requires an active Shopify store. The Service's functionality depends on Shopify's platform availability and API access. We are not responsible for any limitations, changes, or disruptions caused by Shopify's platform or policies.

3. User Accounts and Merchant Responsibilities

3.1 Eligibility Requirements

To use NativeProof, you must:

• Have a valid and active Shopify store with a paid Shopify subscription plan
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information during the installation and setup process
• Comply with Shopify's Terms of Service and Acceptable Use Policy

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality and security of your Shopify account credentials
• All activities that occur under your account in connection with the Service
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that authorized users within your organization comply with these Terms

3.3 Merchant Obligations

As a merchant using NativeProof, you agree to:

• Use the Service only for lawful business purposes related to your Shopify store
• Obtain necessary consents from customers before collecting their reviews and personal data
• Comply with all applicable laws, regulations, and industry standards, including consumer protection laws
• Not use the Service to deceive customers or manipulate review authenticity
• Respond to customer reviews in a professional and respectful manner
• Maintain accurate product information that corresponds to the reviewed products

4. Acceptable Use Policy

4.1 Permitted Uses

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your legitimate business purposes in connection with operating your Shopify store.

4.2 Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

• Fraudulent Reviews: Creating, posting, or encouraging fake, fraudulent, or misleading reviews
• Impersonation: Impersonating any person, entity, or falsely representing your affiliation
• Rating Manipulation: Artificially inflating or manipulating review ratings, scores, or statistics
• Incentivized Reviews: Offering incentives for positive reviews without proper disclosure
• Review Suppression: Selectively removing negative reviews to artificially improve ratings
• Competitor Sabotage: Using the Service to post negative reviews on competitor products
• Reverse Engineering: Attempting to reverse engineer, decompile, or derive source code from the Service
• Unauthorized Access: Attempting to gain unauthorized access to the Service or related systems
• Harmful Code: Transmitting viruses, malware, or other harmful code through the Service
• Service Disruption: Interfering with or disrupting the integrity or performance of the Service
• Data Scraping: Using automated systems to extract data from the Service without authorization
• Reselling: Reselling, sublicensing, or sharing access to the Service with third parties
• Illegal Activities: Using the Service for any illegal or unauthorized purpose

5. Intellectual Property Rights

5.1 NativeProof Ownership

The Service and its original content (excluding User Content), features, functionality, and underlying technology are and shall remain the exclusive property of NativeProof and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and foreign countries.

5.2 Trademarks

The NativeProof name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NativeProof. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names mentioned in the Service belong to their respective owners.

5.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Service
• Remove, alter, or obscure any proprietary notices
• Use the Service to develop competing products or services
• Transfer your license rights to any third party

5.4 Feedback

Any feedback, suggestions, ideas, or other information you provide regarding the Service ("Feedback") may be used by us without any obligation to compensate you. By providing Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services.

6. Content Guidelines

6.1 User Content Definition

"User Content" refers to all content submitted, posted, or displayed through the Service, including but not limited to:

• Customer reviews, ratings, and written feedback
• Photos and images uploaded with reviews
• Videos submitted as part of reviews
• Merchant responses and replies to reviews
• Questions and answers submitted by customers

6.2 Content Ownership and License

You and your customers retain ownership of User Content. However, by submitting User Content through the Service, a worldwide, non-exclusive, royalty-free, sublicensable license is granted to NativeProof to use, reproduce, modify, display, and distribute such content in connection with operating and improving the Service.

6.3 Content Standards

All User Content must comply with the following standards. Content must NOT:

• Be false, misleading, or deceptive
• Infringe on intellectual property rights of third parties
• Contain defamatory, libelous, or slanderous material
• Include obscene, pornographic, or sexually explicit content
• Promote violence, discrimination, or hatred
• Contain personal information of others without consent
• Include spam, advertising, or promotional material
• Violate any applicable laws or regulations

6.4 Content Moderation

We reserve the right, but are not obligated, to monitor, review, edit, or remove any User Content at our sole discretion. This includes content that we believe violates these Terms, our policies, or applicable law, or that may be offensive, harmful, or inappropriate.

6.5 Review Authenticity

Merchants agree to maintain the authenticity and integrity of reviews displayed through the Service. This includes:

• Not soliciting reviews only from satisfied customers
• Not offering undisclosed incentives for reviews
• Displaying both positive and negative reviews fairly
• Using the verified buyer badge honestly and accurately

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

7.1 Exclusion of Damages

IN NO EVENT SHALL NATIVEPROOF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to or use of our servers or data
• Interruption or cessation of transmission to or from the Service
• Bugs, viruses, or similar harmful code transmitted through the Service
• Errors or omissions in any content or for any loss or damage resulting from use of content
• The conduct of any third party on the Service

7.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO NATIVEPROOF DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

7.3 Basis of the Bargain

The limitations of liability set forth above are fundamental elements of the basis of the bargain between NativeProof and you. The Service would not be provided without such limitations.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

8.1 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

8.2 Third-Party Services

The Service may integrate with or depend on third-party services, including Shopify's platform. We make no warranties regarding the availability, accuracy, or reliability of such third-party services and are not responsible for any issues arising from their use.

8.3 No Guarantee of Results

We do not guarantee any specific results from the use of the Service, including but not limited to increased sales, improved search rankings, or customer engagement metrics.

9. Indemnification

You agree to defend, indemnify, and hold harmless NativeProof and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of the Service
• User Content submitted through your account
• Your violation of any rights of a third party, including intellectual property rights
• Your violation of any applicable laws, rules, or regulations
• Any claim that User Content from your account caused damage to a third party
• Your customers' use of reviews or content displayed through the Service
• Any dispute between you and your customers related to reviews

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

10. Termination

10.1 Termination by You

You may terminate your use of NativeProof at any time by uninstalling the application from your Shopify store through your Shopify admin dashboard. Upon uninstallation:

• Your subscription will be cancelled automatically through Shopify billing
• You will not be charged for subsequent billing periods
• Your access to the Service dashboard will cease immediately
• Review data stored in Shopify Metaobjects may remain accessible on your store
• We may retain certain data as required by law or for legitimate business purposes

10.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach or violation of these Terms
• Violation of Shopify's Terms of Service or policies
• Fraudulent, abusive, or illegal activity
• Non-payment of applicable subscription fees
• Request by law enforcement or government agencies
• Extended periods of account inactivity
• Technical or security issues affecting the Service

10.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. The following provisions shall survive termination: Intellectual Property Rights, Content Guidelines (regarding licensed content), Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law.

11. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective upon posting to our website unless otherwise specified.

11.1 Notification of Changes

For material changes, we will provide notice through one or more of the following methods:

• Email notification to the address associated with your Shopify store
• A prominent notice within the NativeProof application dashboard
• A banner or notification on our website
• Update to the "Effective Date" at the top of this page

11.2 Acceptance of Changes

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and uninstall the application from your Shopify store.

11.3 Review Responsibility

It is your responsibility to review these Terms periodically for changes. We recommend checking this page regularly to stay informed of any updates.

12. Governing Law

12.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby consent to the personal jurisdiction of such courts.

12.3 Dispute Resolution

Before filing any formal legal claim, you agree to first contact us at legal@aispree.cloud and attempt to resolve the dispute informally for at least thirty (30) days. Most concerns can be quickly resolved through this informal process.

12.4 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND NATIVEPROOF EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

12.5 Class Action Waiver

YOU AND NATIVEPROOF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: