Terms of Service

Agreement between user and SellerSmith team, the creator of PageFly (the App).

Welcome to PageFly - a pagebuilder application on Shopify. The main website of the App (https://www.sellersmith.com/) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the app constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference if possible.

Electronic Communications

Visiting the main site ((https://www.sellersmith.com/), the Help Center (https://help.sellersmith.com/) or sending emails to the app - SellerSmith team constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfying any legal requirement that such communications be in writing.

Links to third party sites/Third party services

The application, Help Center (https://help.sellersmith.com/) and SellerSmith main site (https://www.sellersmith.com/) may contain links to other websites. The linked sites are not under the control of the app and the app is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The app - SellerSmith team is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SellerSmith team of the site or any association with its operators.

Certain services made available with the app and SellerSmith team are delivered by third party sites and organizations. By using any products, services or functionality originating from these sites and organizations, you hereby acknowledge and consent that the app - SellerSmith may share such information and data with any third party with whom the app has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

Prohibited Use/Use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the app and related services by SellerSmith team strictly in accordance with these terms of use. As a condition of your use of these products and services, you warrant to the app - SellerSmith team that you will not use them for any purpose that is unlawful or prohibited by these Terms. You may not use these products and services in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the products and services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the products and services.

All contents included as part of the products and/or services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the product and services, is the property of the app - SellerSmith or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the products or related services. The app content and other works by SellerSmith team are not for resale. Your use of the product and/or services does not entitle you to many any unauthorized use of any protected content, and in particular you will not delete content solely for your personal use, and will make no other use of the content without the express written permission of SellerSmith team and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the app - SellerSmith team or our licensors except as expressly authorized by these Terms.

International Users

IThe products and services are controlled, operated and administered by SellerSmith team from our office within Vietnam. If you access the products and services from a location outside Vietnam, you are responsible for compliance with all local laws. You agree that you will not use the app Content in any country or any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless the app, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the product or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The app - SellerSmith team reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the app in asserting any available defenses. 

Liability Disclaimer

The information, software, products, and services included in or available through the products and services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SellerSmith team and/or its suppliers may make improvement and/or changes in the site at any time.

SellerSmith team and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided without warranty or condition of any kinds. SellerSmith team disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall SellerSmith team and its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the application and services, or otherwise arising out of the use of the products and services, whether based on contract, tort, negligence, strict liability or otherwise, even if SellerSmith team or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the products or services.

Termination/Access Restriction 

SellerSmith team reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Vietnam and you hereby consent to the exclusive jurisdiction and venue of courts in Vietnam in all disputes arising out of or relating to the use of the products and services.  

Contact Us

SellerSmith team welcomes you questions or comments regarding the Terms
Email address: happyothelp@sellersmith.com
Effective as of April, 2018