Terms of service



  1. Acceptance
    1. Smartivize GmbH (Austria company number ATU75763835) t/a Shopnosis.io (we, us) own the SAAS and all related documents (Software), which is accessible at https://shopnosis.io, https://app.shopnosis.io (the Site).
    2. These terms and conditions, and all documents attached to, or referred to in, these terms and conditions (together, the Terms):
      1. set out the terms and conditions upon which we agree to grant you a right to use the service, via the Software, as described on the Site (Services); and
      2. are binding on you (Client) when you Register or when you use any of the Services, whichever occurs first, until the date on which your Account is terminated in accordance with these Terms.
    3. Please read these Terms carefully and terminate your Account if you do not agree to them.
    4. By creating an Account and/or accessing and/or using the Services, you:
      1. Warrant to us that you have reviewed these Terms, our Privacy Policy, and you understand and agree to be bound by them;
      2. You represent to us that you are lawfully able to enter into contracts. If you are agreeing to these Terms on behalf of an entity, you represent to us that you have legal authority to bind that entity. For purposes of these Terms, “you” means you and the entity you represent and also refers to any person accessing the Services by any method on your behalf.
      3. Agree to use the Services in accordance with these Terms.
  2. Fees and payment
    1. Where Services are ordered via the Shopnosis.io Site, the Fees shall be specified and may be paid by the Client by credit/debit card. All card payments are subject to authorization by the credit/debit card holder’s card issuer. Shopnosis.io will take full payment immediately for all Services ordered via the Shopnosis.io Site and will not be liable for providing Services unless it is in receipt of the relevant Fees. During the checkout process, the Client will be asked to enter payment details. Shopnosis.io engages a PCI DSS certified third party to process credit/debit card payments and Shopnosis.io does not collect or retain credit/debit card information. By completing the payment details the individual acting on behalf of the Client confirms Client’s right to use the credit or debit card. All fields indicated as compulsory must be completed. Shopnosis.io may collect and store Client’s information using a secure payment mechanism.
    2. “Custom Services” are Services you purchase from us that were not predefined and can be paid in any invoice that we provide to you or by credit/debit card.
    3. You are responsible for all applicable taxes on the fees and charges paid by you, including any and all sales, use, and value-added taxes, but not any taxes imposed on Shopnosis.io income.
    4. We will not be liable for any fee charged by your financial institution or an intermediary, including, without limitation, any international payment fees, credit card payment fees or wire transfer fees.
  3. Your Data
    1. License: You own all right, title, and interest in all Data uploaded by you. You represent, warrant, and covenant that (i) you have obtained or you will obtain all consents necessary, and (ii) that you have appropriate legal bases under applicable data protection laws for using and processing the Data in accordance with these Terms.
    2. You grant us a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (directly and indirectly), transferable, perpetual, and irrevocable to (i) use, copy, back-up, process, transmit, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, and prepare derivative works of the information, documents and other data you provide to us and any content you upload or which we otherwise access in providing the Services and (ii) otherwise access, use or make reference to the Data or any intellectual property rights in the Data:
      1. to supply the Services;
      2. for diagnostic purposes;
      3. to test, track, enhance and otherwise modify the Services;
      4. as reasonably required for the performance of our obligations under these Terms.
    3. Security & Access: You are responsible for controlling access to your account, including by creating a strong password, protecting that password, and preventing unauthorized account usage. Shopnosis.io stores and processes Data on third party managed servers. You are responsible for creating backups of your Data.
  4. Proprietary rights
    1. Shopnosis.io, our licensors and other relevant third parties own all right, title, and interest in and to the Services as delivered (excluding Your Data) and all related Software and technology, all of our content provided in connection with the Services.
    2. You must not, without our prior written consent:
      1. copy or use, in whole or in part, any of our intellectual property;
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or otherwise exploit any of our intellectual property to any third party or in public (other than for the purpose of using any reports or information generated by us in your commercial operations); or
      3. breach any intellectual property rights connected with the Site, the Software or the Services, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
    3. Shopnosis.io does not sell or advertise any physical products.
  5. Online panel respondents
    1. You acknowledge that our Services will involve recruitment of individuals via online panels. Given the nature of the Services, Shopnosis.io will not be liable for the acts of such Respondents and such Respondents shall not be considered sub-contractors of Shopnosis.io in connection with this Agreement.
  6. Confidential Information
    1. “Confidential Information” includes these Terms, Services, other agreements between you and us, non-public business and technology information, trade secrets, Data, any written materials marked as confidential, and any other information, including visual and oral information, which reasonably should be understood to be confidential. Each of you and us will use commercially reasonable efforts, including appropriate technology and industry practices, to ensure the confidentiality, integrity, and security of all Confidential Information. The above confidentiality obligations do not apply to information that: (a) was rightfully in such recipient’s possession or known to such recipient prior to receipt of such information; (b) is or has become public knowledge through no fault of the recipient; (c) is rightfully obtained by the recipient from a third party without breach of any confidentiality obligation; (d) is independently developed by employees or personnel of the recipient who had no access to such information; or (e) is required to be disclosed pursuant to a regulation, law, or valid court order (but only to the extent required to comply with such regulation, law, or order and, if permitted by applicable law, with advance notice to the discloser).
  7. Indemnification
    1. To the extent allowed by law, you agree to indemnify and hold us, and if applicable, our licensors and affiliates and each of their officers, directors, employees, and agents harmless against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of the Services. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks, or other proprietary rights and from the use of any libelous or unlawful material contained within your Data.
  8. Termination
    1. You may terminate your Account by deleting all Users accounts in your Shopnosis.io Organization (including your account) or by contacting our support (support@shopnosis.io). No refunds will be given upon termination in accordance with this clause.
    2. We may suspend your account at any time without notice for conduct that violates these Terms, at our sole discretion. We will generally alert you when we take such action and give you a reasonable opportunity to remedy any breach of these Terms, but if we determine that your actions endanger the operation of the Services or other users, we may suspend or terminate your Account immediately without notice.
  9. General
    1. Force Majeure: If a party is unable to perform any of its obligations under these Terms due to an event or circumstance beyond its reasonable control (other than your obligation to pay us any amounts due and payable under this Agreement) (Force Majeure) and it gives the other party prompt written notice of such, the Affected Party's obligations shall be suspended to the extent necessary. The Affected Party must use reasonable efforts to limit the impact of the event on its performance and must continue to perform its obligations in full as soon as the Force Majeure ceases.
    2. Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your Account.
    3. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
    4. Entire agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter
    5. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site.
    6. Governing law: These Terms are governed by the laws of Belgium. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Belgium, and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts.

    DISCLAIMERS AND LIMITATIONS:

    ALL SERVICES PROVIDED BY US HEREUNDER ARE STRICTLY ON AN “AS IS” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND MERCHANTABILITY, AND WE DO NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR COVENANTS WITH RESPECT TO ANY THIRD-PARTY CONTENT, EXPRESS OR IMPLIED.

    WE DISCLAIM ANY LIABILITY FOR DAMAGES CAUSED BY OUR SERVICES OR THE CONTENTS OF THIS SITE, UNLESS DUE SOLELY TO OUR INTENTIONAL WRONGDOING. OUR AGGREGATE LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO THE SERVICES OR SITE SHALL NOT EXCEED THE FEES YOU HAVE PAID US IN THE MONTH IN WHICH THE LIABILITY AROSE OR USD $1 IF NO SUCH FEES HAVE BEEN PAID. SHOPNOSIS.IO SHALL ONLY BE RESPONSIBLE FOR DIRECT DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.

    INFORMATION TRANSMITTED AND RECEIVED THROUGH THE INTERNET CANNOT BE EXPECTED TO REMAIN CONFIDENTIAL, AND SHOPNOSIS.IO DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION SO TRANSMITTED, OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. SHOPNOSIS.IO SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES WHATSOEVER OF CLIENT’S CONNECTION TO OR USE OF THE INTERNET, AND SHOPNOSIS.IO SHALL NOT BE RESPONSIBLE FOR ANY USE BY CLIENT OR ITS AUTHORIZED USERS OF ANY INTERNET CONNECTION IN VIOLATION OF ANY RULE, LAW OR REGULATION.

    If you have any question regarding these terms, please contact support at support@shopnosis.io

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Austria: Krakauer str. 25/6/1, 1020 Vienna

Belgium: Vlasgaardstraat 52, Ghent

Serbia: Vojvodjanskih brigada 28, Novi Sad

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