Terms of Service

📋 1. Acceptance of Terms

By installing, accessing, or using Smart Stock Alerts (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you (the "Merchant," "you," or "your") and Smart Stock Alerts ("we," "us," or "our").

If you do not agree to these Terms, you must not install or use the Service. By continuing to use the Service after any modifications to these Terms, you accept and agree to be bound by the revised Terms.

🛍️ 2. Service Description

Smart Stock Alerts is a BigCommerce application that provides back-in-stock notification services. Our Service includes:

• Automated monitoring of product inventory levels on your BigCommerce store
• Collection of customer email addresses for notification requests
• Sending automated email notifications via SendGrid when products are restocked
• Analytics and reporting on notification performance and customer engagement
• Customizable email templates and branding options
• Dashboard for managing notifications, settings, and viewing reports

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to active subscribers.

🎁 3. Free Trial Period

New installations of Smart Stock Alerts include a 7-day free trial with full access to all features:

• Duration: 7 days from the date of installation
• Access: Full access to all Standard plan features during the trial period
• No Credit Card Required: You can start your trial without providing payment information
• Automatic Expiration: The trial automatically ends after 7 days
• Post-Trial: After the trial expires, you must subscribe to a paid plan to continue using the Service

You may cancel at any time during the trial period without being charged. If you do not subscribe to a paid plan before the trial ends, your access to the Service will be limited.

💳 4. Subscriptions, Billing, and Payments

4.1 Subscription Plans

Smart Stock Alerts offers two subscription plans:

• Standard Plan - $13.99/month:
  • Stock checks every 6 hours
  • Up to 1,000 email notifications per month
  • Up to 3 BigCommerce channels
  • Custom email templates
  • Advanced analytics
  • Email support
• Premium Plan - $19.99/month:
  • Stock checks every hour
  • Unlimited email notifications
  • Unlimited BigCommerce channels
  • Custom email templates
  • Advanced analytics
  • Priority support
  • Custom branding options

4.2 Billing Terms

• Payment Processing: All payments are processed securely through Stripe, a third-party payment processor
• Billing Cycle: Subscriptions are billed monthly on a recurring basis
• Automatic Renewal: Your subscription will automatically renew each month unless cancelled before the renewal date
• Payment Authorization: By subscribing, you authorize us to charge your payment method on file for the selected plan
• Failed Payments: If a payment fails, we will attempt to process it again. Continued payment failure may result in service suspension
• Taxes: All subscription fees are exclusive of applicable taxes, which you are responsible for paying

4.3 Refunds and Cancellation

• You may cancel your subscription at any time through your account dashboard
• Cancellation takes effect at the end of the current billing period
• You will continue to have access to the Service until the end of your paid period
• No refunds are provided for partial months or unused portions of paid subscriptions
• If we discontinue the Service, you will receive a prorated refund for any unused time

4.4 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle.

⚖️ 5. Acceptable Use Policy

You agree to use Smart Stock Alerts in compliance with all applicable laws and regulations. You agree NOT to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Send unsolicited emails, spam, or violate anti-spam laws (including CAN-SPAM Act, GDPR)
• Collect customer email addresses without proper consent and disclosure
• Exceed fair use limits or attempt to abuse the Service
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Interfere with or disrupt the Service, servers, or networks
• Use automated means (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, obscure, or alter any proprietary notices or labels
• Use the Service to transmit malware, viruses, or any harmful code
• Resell, sublicense, or redistribute the Service without our authorization
• Use the Service in any manner that could damage our reputation or that of BigCommerce

Important: You are solely responsible for ensuring that your use of the Service complies with applicable email marketing laws, including obtaining proper consent from customers before sending them back-in-stock notifications.

Violation of this Acceptable Use Policy may result in immediate termination of your account without refund, and we reserve the right to pursue legal action if necessary.

©️ 6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all software, code, designs, graphics, logos, text, documentation, and other content, is owned by Smart Stock Alerts and is protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose as a back-in-stock notification tool for your BigCommerce store. This license does not grant you any ownership rights to the Service.

6.2 Your Content and Data

You retain all ownership rights to the content and data you provide through the Service, including:

• Product information, images, and descriptions
• Custom email templates and branding materials
• Customer email addresses and notification preferences
• Store configuration and settings

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your content solely for the purpose of providing the Service to you.

6.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or recommendations about the Service ("Feedback"), you agree that we may use such Feedback for any purpose without any obligation or compensation to you. All Feedback becomes our sole property.

6.4 Trademark Usage

"Smart Stock Alerts" and associated logos are trademarks of our company. You may not use our trademarks without our prior written permission, except as necessary to identify the Service in connection with your authorized use.

⚠️ 7. Warranties, Disclaimers, and Limitation of Liability

7.1 Service Warranties and Disclaimers

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

We do not guarantee that the Service will:

• Be uninterrupted, timely, secure, or error-free
• Meet your specific requirements or expectations
• Be free from viruses, bugs, or other harmful components
• Be available at any particular time or location
• Provide accurate, complete, or reliable results
• Be compatible with all systems, browsers, or devices
• Deliver all notifications successfully (email delivery depends on SendGrid and recipient email servers)

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 Third-Party Services

The Service relies on third-party providers, including:

• SendGrid: For email delivery and notifications
• Stripe: For payment processing and subscription management
• BigCommerce API: For accessing your store data and inventory information

We are not responsible for any failures, outages, or issues caused by these third-party services. Your use of these services is also subject to their respective terms of service and privacy policies.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost sales, lost data, loss of goodwill, or business interruption
• Our total aggregate liability arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months immediately preceding the claim
• We are not liable for any damages resulting from your inability to use the Service, even if we have been advised of the possibility of such damages
• We are not responsible for missed sales, lost customers, or business opportunities due to Service downtime or email delivery failures
• We are not liable for actions or omissions of BigCommerce, SendGrid, Stripe, or any other third party

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

7.4 Indemnification

You agree to indemnify, defend, and hold harmless Smart Stock Alerts, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your content or data provided through the Service
• Any emails sent to your customers through the Service

🚫 8. Termination and Suspension

8.1 Termination by You

You may terminate these Terms and your use of the Service at any time by:

• Cancelling your subscription through your account dashboard
• Uninstalling the Service from your BigCommerce store
• Contacting our support team at support@expert-ecom.com

Upon cancellation, your access will continue until the end of your current billing period, and you will not be charged for subsequent periods.

8.2 Termination and Suspension by Us

We may immediately suspend or terminate your access to the Service, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay subscription fees when due
• You engage in fraudulent, illegal, or harmful activities
• You pose a security risk to the Service or other users
• Your use of the Service negatively impacts our systems or other users
• We are required to do so by law or government authority
• We decide to discontinue the Service (with reasonable notice and refund)

We will make reasonable efforts to notify you before terminating your account, except in cases where immediate termination is necessary to protect the Service or comply with legal requirements.

8.3 Effect of Termination

Upon termination of your account, whether by you or us:

• Your access to the Service will cease immediately or at the end of your paid period
• All pending back-in-stock notifications will be cancelled
• Your subscription will not renew, and no further charges will be made
• Your data may be deleted after 30 days, unless we are required by law to retain it longer
• You remain liable for all charges incurred before termination
• You must immediately cease all use of the Service and uninstall it from your BigCommerce store

Sections of these Terms that by their nature should survive termination will remain in effect, including but not limited to: Intellectual Property Rights, Warranties and Disclaimers, Limitation of Liability, Indemnification, and General Provisions.

8.4 Data Export Before Termination

We recommend that you export any data you wish to retain before cancelling your subscription. After termination, we are not obligated to provide access to your data, and it may be permanently deleted according to our data retention policies.

🔄 9. Changes to These Terms

We reserve the right to modify or update these Terms of Service at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• Material changes will be communicated via email to your registered email address or through a dashboard notification
• For existing subscribers, changes become effective 30 days after notification, unless you object by cancelling your subscription
• For new users, changes become effective immediately upon acceptance during installation
• Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms

We recommend reviewing these Terms periodically to stay informed of any updates. If you do not agree to modified Terms, your sole remedy is to discontinue use of the Service and cancel your subscription.

We will maintain a history of significant changes to these Terms, which you can request by contacting us at support@expert-ecom.com.

📜 10. General Provisions

10.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Smart Stock Alerts regarding your use of the Service and supersede all prior agreements, understandings, and communications.

10.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

10.3 Waiver

Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

10.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations under them without our prior written consent. We may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section is void.

10.5 Force Majeure

We are not liable for any delay or failure in performance of the Service caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, wars, terrorism, riots, embargoes, government actions, labor disputes, internet outages, failures of third-party services (SendGrid, Stripe, BigCommerce), or other events beyond our control.

10.6 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Smart Stock Alerts. You have no authority to bind us or make commitments on our behalf.

10.7 Contact for Legal Notices

All legal notices or formal communications regarding these Terms should be sent to support@expert-ecom.com. Notices sent to this address will be deemed effective when we acknowledge receipt.