Simple, transparent conditions for using Setpilot — so you always know where you stand.
Digismoothie s.r.o., having its registered office at Rohanske nabrezi 678/29, 186 00 Prague, Czech Republic, ID No.: 037 18 751, develops software applications and plugins for Shopify stores and provides licenses via the Shopify App Store. By installing the App, you are entering into the Agreement on the provision of Services with us.
Key definitions:
You can contact us at support@digismoothie.com or at Rohanske nabrezi 678/29, 186 00 Prague, Czech Republic.
Apps may only be installed by Shopify Store operators via the Shopify App Store. The Company receives user information from Shopify and presumes it accurate and up-to-date. The Company reserves the right to prevent installation at its discretion if these terms are breached.
Users select tariff options during installation. Applicable fees are displayed at the time of installation and vary by tariff. The Company may offer free trials, and reserves the right to modify or withdraw trial offers without notice.
Fees are paid monthly via Shopify's payment gateway and automatically renew unless canceled before the Subscription Period ends. Cancellation takes effect the day after the current period ends. We do not provide refunds or credits for any partially used Subscription Periods.
Invoices are issued by Shopify and meet applicable tax and accounting requirements. If payment fails, access to the App may be suspended until payment is successfully processed. Fee changes are communicated in advance and take effect at the next billing period; continued use constitutes acceptance of the new fees.
The Agreement runs for an indefinite period and may be terminated by either party via email or by uninstalling the App. Termination becomes effective at the end of the current Subscription Period.
The Company may terminate the Agreement immediately if the Client breaches the Agreement or fails to pay fees when due.
The App may temporarily become inaccessible due to maintenance or server issues. Defective services may be reported via Intercom Chat or email, with details about the issue. We endeavor to respond to warranty claims within 30 days.
Warranty claims cannot be based on subjective expectations or incorrect usage of the App. Clients cannot claim reimbursement for costs associated with making a warranty claim.
All intellectual property rights associated with the App and its contents are the sole property of the Company or its affiliates. The App is not transferred, sold, or leased to users — only licensed. Users may not copy, modify, distribute, or create derivative works without written permission from the Company.
The Company retains all trademark and brand rights. We grant you a limited, non-exclusive, revocable right to use the App to the extent of the Services, until the Agreement is terminated.
The Company is not liable for losses arising from use of the App, inability to use it, reliance on its content, malfunction, force majeure, hacker attacks, or third-party claims. This specifically excludes:
You agree to indemnify and hold the Company harmless from and against any and all claims, liabilities, damages, losses or expenses arising from your breach of these Terms.
These Terms are governed by Czech law and any disputes shall be resolved by Czech courts. The Company may modify these Terms at any time; changes are published on the website and communicated via Intercom Chat. Continued use after changes constitutes acceptance.
Invalid provisions will be replaced with the closest valid equivalents without affecting the remaining provisions. Personal data processing is governed by our Privacy Policy.
Digismoothie s.r.o. processes personal data in accordance with Article 28 of the GDPR (Regulation EU 2016/679) and the California Consumer Privacy Act 2018. This agreement defines the rights and obligations of both parties with respect to the processing of personal data during the provision of Services.
The Company processes customer personal data — including name, address, email, phone number, and invoice details — solely for the purpose of providing the Service, for the duration of the Service, and only under your instructions.
The Company commits to implementing appropriate technical and organizational security measures. Specific commitments include:
Employees process data only within the scope of the Agreement. Upon request, the Company repairs, updates, deletes, or transfers data without undue delay.
The Company may engage sub-processors; clients are notified with three business days to object. Current sub-processor: Mailgun Technologies, Inc. (email delivery). The Company provides compliance information and allows audits upon 30 days' notice.
This agreement is effective throughout the duration of the service agreement. Upon termination, all personal data is deleted or returned within 48 hours of App uninstallation.
The Company maintains strict confidentiality regarding all processed personal data and implemented security measures. All employees and authorized persons are bound by confidentiality obligations.
Liability for breaches is subject to the exclusions and limitations set out in the Service Agreement, taking into consideration the nature, gravity, duration and purpose of the infringement, the number of affected data subjects, and the level of damages caused.
Invalid provisions are replaced with the closest valid equivalents without affecting remaining provisions. Both parties shall provide necessary assistance for effective implementation and dealings with public authorities. This agreement is governed by Czech law; Czech courts have jurisdiction.
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