Terms of Service
These terms are a contract between you and the operator of Shoptician. Please read them together with the Privacy Policy. By creating an account or using Shoptician, you accept these terms. If you do not accept them, do not use Shoptician.
In short
- Shoptician is a free beta for businesses. It is provided as is.
- It only reads your accounts. You decide what to change, and you are responsible for it.
- Reports can be wrong. They are not professional advice or a promise of results.
- Our scoring method is a trade secret. Do not copy it or try to work it out.
- Our liability is limited, as section 16 explains.
- Georgian law applies. Disputes go to the courts of Tbilisi.
This summary does not replace the full terms below.
1. Who we are
Shoptician is operated by Denis Kabakov, known as Dan Kabakov. He is an individual entrepreneur registered in Georgia (the country). He trades as Online Labs. In these terms "we", "us" and "our" mean him as the operator. You can reach us at hello@shoptician.com.
2. Words we use
- Service. The Shoptician website, app, reports, emails and share links.
- You. The person who uses the service and the business that person acts for.
- Connected accounts. Google Ads, Merchant Center, GA4 and any other account you connect.
- Reports. Scores, findings, summaries and any other results the service shows you.
3. Who may use Shoptician
- Shoptician is for business use only. You confirm you use it for your trade, business or profession and not as a consumer.
- You must be at least 18 and able to form a binding contract.
- If you accept these terms for a business, you confirm you have authority to bind it.
- You may not use Shoptician if the law bars you from it. Section 21 covers sanctions.
4. The free beta
- Shoptician is free during the beta. It is provided as is and as available.
- We may change, limit, suspend or stop any feature at any time. The same applies to the whole service. We may do this with or without notice.
- There are no service levels. We do not promise uptime, response times or that any feature will stay.
- We may set usage limits, such as a number of runs per day.
- A paid plan may come later. We will tell you before anything you use starts to cost money. Nothing will cost money unless you first agree to pay.
- Keep your own copy of any report you need. You can export your data or save a report as a PDF.
5. Your account
- Use a real email address that you control. Keep your sign-in codes private.
- An account is for one person. Do not share your login.
- You are responsible for everything done in your account.
- Tell us at once at hello@shoptician.com if you think someone else used it.
6. Connecting Google and other accounts
- Connect only accounts you are authorized to access and to use with Shoptician.
- If you connect accounts that belong to clients, you confirm each client has given you permission. That covers connecting the account and letting us process its data as the Privacy Policy describes. It also covers any feature you use on it, such as sending a report to Dan.
- You must follow the terms and policies that apply to your connected accounts. These include the Google Ads Terms and Google's advertising policies.
- You must follow the law. Do not use Shoptician in a way that would put us in breach of Google's API terms.
- Shoptician uses Google APIs under Google's terms. Google may inspect, monitor and audit how Shoptician uses them.
- Google may limit, suspend or end our API access at any time. If that happens, parts of Shoptician may stop working. We are not liable for that.
- You can revoke our access at any time in Settings or in your Google account.
7. Read-only use
The app only sends read requests to your Google accounts. Google's permission for Google Ads and Merchant Center would also allow changes. We do not use it to change anything. You are solely responsible for any change you make in your ad accounts based on a report. Check each recommendation before you act on it.
8. No advice and no guaranteed results
- Reports come from automated checks and AI-written summaries. They can be wrong, incomplete or out of date.
- Reports depend on the data in your accounts and on the details you enter. You are responsible for those details.
- Scores and verdicts are opinions. They are not facts or promises.
- Nothing in Shoptician is financial, legal, tax, accounting or other professional advice.
- We do not guarantee any result. That includes sales, revenue, ROAS, costs, rankings and approvals.
- You decide what to do with a report. For important decisions, get advice from a qualified professional.
9. Acceptable use
You must not do any of the following. You must not help anyone else do them either.
- Scrape, crawl or copy the service.
- Use bots or other automated access beyond the app's normal use.
- Reverse engineer, decompile or disassemble the service.
- Try to derive our scoring method, thresholds, weights, prompts or source code.
- Use the service or its reports to build, train or benchmark a competing product or service.
- Publish benchmarks or comparisons of the service without our written permission.
- Resell, rent or sublicense the service or its reports without our written permission.
- Remove or change the Shoptician name or notices on reports.
- Share your login or let others use your account.
- Get around rate limits, usage limits or security measures.
- Probe or test the service for weaknesses without our written permission.
- Connect accounts or upload data you are not authorized to access.
- Upload malware or anything else that can harm the service or other people.
- Use the service for anything unlawful or deceptive, or in breach of Google's terms.
If you find a security issue, stop testing and email hello@shoptician.com. We may investigate breaches of this section and work with the authorities. We may also remove data or suspend accounts that break these rules.
10. Our intellectual property and confidentiality
- We own the service and everything in it, except your data. That includes the software, design and texts. It covers the check library, scoring method, thresholds, weights and prompts. It also covers the format of reports, the texts we write in them and the Shoptician name and logo.
- The scoring method, check library, thresholds, weights and prompts are our confidential trade secrets, except any part we choose to publish. A report may show part of how a check works. That does not make the rest of the method public or give you any right to it.
- Keep confidential any part of our method that you learn and that is not public. Do not disclose it or use it outside your own use of Shoptician.
- We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license. It lets you use the service and your reports for your own business while these terms apply.
- If you manage ads for clients, you may share a report with the client whose account it covers.
- You may keep using reports you saved before your access ended, for your own business and within section 9.
- We keep all rights we do not expressly grant.
11. Your data
- Your data stays yours. That includes what you type in, the data in your connected accounts and the facts about your accounts in your reports.
- You give us a worldwide, non-exclusive and royalty-free license to host, copy, process, transmit and display your data. We use it only as needed to provide, secure and improve the service, as the Privacy Policy describes.
- This license ends when we delete your data under the Privacy Policy.
- You confirm you have the rights and permissions needed to give us this license.
- We may create anonymous statistics that identify neither you nor your accounts. We use them inside Shoptician only, as the Privacy Policy describes. Those statistics belong to us.
12. Data processing terms
Your connected accounts may hold personal data about other people. Examples are the emails of users who can access a Google Ads account, or a name inside a search term. For that data you, or the client you act for, are the controller. We are the processor. This section is our data processing agreement under Article 28 of the GDPR and the UK GDPR. It also covers Georgian data protection law.
- Purpose and duration. We process the data only to run the checks and features you ask for, for as long as you use the service.
- Instructions. We act only on your documented instructions. Your use of the service and these terms are those instructions. We will tell you if we think an instruction breaks the law.
- Data and people. Contact details and roles of people who can access your accounts. Any other personal data that happens to sit in your account data.
- Confidentiality. Everyone who processes the data for us must keep it confidential.
- Security. We protect it with the measures in section 16 of the Privacy Policy.
- Sub-processors. You authorize the providers listed in section 9 of the Privacy Policy. We will post any change there before it applies. If you object, you can stop using the service. Each provider is bound by data protection terms.
- Transfers. The data may be processed outside your country under the safeguards in section 15 of the Privacy Policy.
- Help. Where we reasonably can, we help you answer requests from the people concerned. We also help with your duties on security, breaches and impact assessments.
- Breaches. We tell you without undue delay after we learn of a breach that affects this data.
- End of service. When you delete your account, we delete the data as the Privacy Policy describes. Free review copies in HubSpot and our mailbox are deleted when you ask, as section 17 of the Privacy Policy says. Otherwise we keep the data only where the law requires.
- Proof. We give you the information you reasonably need to show that these terms are met. An audit beyond that needs our written agreement and reasonable notice. You pay for it.
We also handle this data in line with your duties under Google's data protection terms for Google Ads. If you need a signed data processing agreement, email hello@shoptician.com.
13. Feedback
If you send us ideas or feedback, we may use them freely and without paying you. We are not obliged to use them.
14. Third-party services
- Shoptician relies on services run by others, such as Google, Cloudflare, Anthropic, Brevo, HubSpot and SerpAPI. Their own terms apply to them.
- We are not responsible for third-party services, their outages, their changes or their content. That includes answers from AI assistants.
- Shoptician is not affiliated with, sponsored by or endorsed by Google. Google, Google Ads, Google Merchant Center and Google Analytics are trademarks of Google LLC.
- Other product names belong to their owners.
15. Disclaimer of warranties
To the maximum extent the law allows, the service and all reports are provided as is and as available, with all faults. We give no warranties of any kind, whether express, implied or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not promise that the service will be uninterrupted, secure or error free. We do not promise that reports will be correct or complete.
Some laws do not allow some of these exclusions. Where that is so, they apply only as far as the law allows.
16. Limitation of liability
To the maximum extent the law allows:
- We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages.
- We are not liable for lost profits, revenue, sales, ad spend, data, goodwill or business opportunities. This applies whether the loss is direct or indirect.
- Our total liability for all claims about the service is limited to the greater of two amounts. One is what you paid us for the service in the 12 months before the claim arose. The other is 100 US dollars. During the free beta you pay nothing, so the limit is 100 US dollars.
- These limits apply under any legal theory, including contract, tort and negligence. They apply even if we were told the damage was possible. They also apply if a remedy fails of its essential purpose.
Nothing in these terms limits liability that the law does not allow to be limited. Examples are liability for fraud, for intentional misconduct and for death or personal injury caused by negligence. Where the law allows only a narrower limit, that limit applies.
The service is free during the beta. These limits are a fair part of that deal. Without them we could not offer it.
17. Indemnification
You will defend us, indemnify us and hold us harmless. This covers all claims, losses, damages, fines, costs and reasonable legal fees that arise from:
- your use of the service;
- your ad accounts and other connected accounts;
- your clients and your dealings with them;
- data you connect or submit;
- your breach of these terms or of Google's terms;
- your breach of any law or of anyone else's rights.
We will tell you about any claim we want you to cover. We may take control of the defense. You may not settle a claim that involves us without our written consent.
18. Suspension and termination
- You can stop using Shoptician at any time and delete your account in Settings.
- We may suspend or end your access at any time, for any reason, with or without notice. Common reasons are abuse, security risks, legal reasons, a breach of these terms or a request from Google.
- When your access ends, your license to use the service ends too. We delete your data as the Privacy Policy describes. If we end access for abuse, security or legal reasons, we may not give you time to export first.
19. Changes to these terms
- We may change these terms. We will post the new version here with a new date.
- If a change is material, we will also email you where reasonable.
- A change applies from the date we post it, or from a later date we name. It does not apply to a dispute that arose before it.
- If you keep using Shoptician after a change, you accept the new terms. If you do not accept them, stop using Shoptician and delete your account.
20. Governing law and disputes
- These terms are governed by the laws of Georgia (the country), without regard to conflict of law rules.
- The courts of Tbilisi, Georgia, have exclusive jurisdiction over any dispute about these terms or the service. You agree to their jurisdiction.
- We may still seek urgent injunctive relief in any court. We may do so to protect our intellectual property, confidential information or security.
- Claims may be brought only individually. You may not bring a claim as a plaintiff or class member in any class, collective or representative action.
- To the extent the law allows, you and we waive any right to a jury trial.
- Any claim about the service must be brought within one year after it arose, to the extent the law allows. After that it is barred.
- The UN Convention on Contracts for the International Sale of Goods does not apply.
21. Export controls and sanctions
- You must comply with the export control and sanctions laws that apply to you or to us. These include the laws of the United States, the European Union, the United Kingdom and Georgia, and United Nations sanctions.
- You confirm you are not on a sanctions list. You also confirm you are not in, and do not act for anyone in, a country or region under comprehensive sanctions.
- We may block access where these laws require it.
22. Where Shoptician is available
Shoptician may not be available in every country. We may limit access in any place. If you use Shoptician from elsewhere, you do so on your own initiative. You are responsible for following local laws.
23. Events beyond our control
We are not liable for delays or failures caused by events beyond our reasonable control. Examples are outages at Google or our providers, internet failures, attacks, natural disasters, war, government action and power cuts.
24. Assignment
We may transfer these terms, in whole or in part, to a successor or to a company we control. We may also do so as part of a sale or reorganization. Google user data then moves only as the Privacy Policy allows. You may not transfer these terms without our written consent.
25. Notices
We may send notices to the email address on your account or show them in the app. An email notice counts as received when we send it. Send notices to us at hello@shoptician.com. You agree to receive notices and other service messages from us electronically. Marketing emails need your separate opt-in, as the Privacy Policy explains.
26. Language
These terms are written in English. If we provide a translation, the English version prevails.
27. General
- Severability. If any part of these terms is invalid or unenforceable, it applies only as far as the law allows. The rest stays in force.
- No waiver. If we do not enforce a right, or delay doing so, we do not waive it.
- Entire agreement. These terms and the Privacy Policy are the whole agreement between you and us about the service. They replace any earlier agreement on the same subject. Text in the app or on our site explains the service but does not change these terms. If the two conflict, these terms win.
- Relationship. You and we are independent. These terms create no partnership, agency or employment.
- No third-party rights. No one else has rights under these terms.
28. Survival
These sections survive when these terms end: 8, 10, 12 to 17, 20, 21 and 24 to 28. Section 9 survives for past conduct. Section 11 survives for data we still hold. Any other part that by its nature should survive also survives.
29. Contact
Questions about these terms: hello@shoptician.com.