1. Provider and scope
These Terms govern the business-to-business use of ShopSnapAI provided by Banida Shops UG, Sophie-Schoop-Weg 72, 21035 Hamburg, Germany (“we”). By installing or using the app, the Shopify merchant (“Merchant”) accepts these Terms. Conflicting merchant terms apply only if expressly agreed in writing.
2. Service
ShopSnapAI provides AI-assisted creation of image variants from Shopify product media, configurable generation preferences, queue and usage information, and upload of generated media to the Merchant’s Shopify catalog. Features and limits depend on the selected plan. AI output can vary and is not guaranteed to be unique, error-free, or suitable for a specific campaign.
3. Merchant obligations
- Use the app only for lawful business purposes and maintain an authorized Shopify account.
- Hold all necessary rights to source images, product information, trademarks, people depicted, and instructions submitted to the service.
- Do not submit unlawful, confidential, special-category, biometric, or unnecessary personal data.
- Review generated images promptly, remove unsuitable media, and verify product accuracy, labeling, third-party rights, and advertising compliance before further campaign use.
- Keep Shopify credentials secure and promptly report suspected unauthorized access.
4. Plans, billing, and taxes
Current prices, included monthly usage, and billing periods are shown in the app and on the pricing page. Paid charges are approved and processed through Shopify’s billing system. ShopSnapAI does not charge overage fees beyond the selected plan’s allowance. Prices exclude applicable taxes unless expressly stated. Plan changes, renewals, cancellation, and refunds are subject to the displayed offer, mandatory law, and Shopify’s billing flow. Usage already performed is not reversed by uninstalling the app.
5. Shopify and third-party services
The service depends on Shopify and configured infrastructure and AI providers. Their availability and terms are outside our control. We may change a provider when reasonably necessary for security, quality, or operations, while preserving applicable data-protection obligations.
6. Intellectual property
Each party retains rights in materials it provides. The Merchant grants us a limited, non-exclusive right to process submitted content solely to provide, secure, and support the service. Subject to third-party rights and applicable law, we do not claim ownership of the Merchant’s generated output. The ShopSnapAI software, branding, interface, and documentation remain protected and may not be copied, reverse engineered, resold, or used to build a competing service except where mandatory law permits.
7. Data processing
Where we process personal data on the Merchant’s behalf, the Merchant instructs us to process it only to provide and secure ShopSnapAI, handle support, and comply with documented lawful instructions. We ensure confidentiality, appropriate technical and organizational measures, support for data-subject and security obligations, deletion or return at the end of service subject to legal retention, and information reasonably necessary to demonstrate compliance. We may use subprocessors for hosting, AI processing, email, and operations under equivalent protection obligations. The Merchant authorizes such subprocessors generally and may contact us for current information or raise a reasoned data-protection objection.
The Merchant is responsible for lawful instructions, notices, legal bases, and responding to affected individuals. Details are in the Privacy Policy.
8. Availability and changes
We aim for reliable operation but do not promise uninterrupted availability. Maintenance, security incidents, upstream outages, or force majeure can temporarily affect the service. We may improve or modify features if the core purpose remains reasonably available. Material adverse changes will be communicated when practicable.
9. Warranty and liability
We are liable without limitation for intent, gross negligence, injury to life, body or health, fraudulently concealed defects, guarantees expressly given, and mandatory statutory liability. For slight negligence, liability is limited to breach of essential contractual duties and to foreseeable damage typical for this contract. Otherwise liability for slight negligence is excluded to the extent legally permitted. The Merchant remains responsible for reviewing AI output, maintaining source files and backups, and deciding whether to publish generated media.
10. Term and termination
The agreement begins on installation and continues until uninstalled or otherwise terminated under the selected plan. Either party may terminate for material breach if the breach is not cured within a reasonable period, unless immediate termination is justified. We may suspend access where necessary to prevent security harm, unlawful use, or platform-policy violations. Statutory rights and accrued payment obligations remain unaffected.
11. Final provisions
German law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If the Merchant is a business entity, Hamburg is the agreed place of jurisdiction where legally permitted. Mandatory protections and exclusive jurisdictions remain unaffected. If a provision is invalid, the remaining provisions remain effective. We may update these Terms for legal, security, or service changes with reasonable notice; continued use after the effective date constitutes acceptance where legally permissible.