The following terms (the “Terms of Service”) set forth the complete terms and conditions applicable to your access to and use of the Spray services, and any associated website, software or product (collectively, the “Services”). Any new features or tools added to the current Services will also be subject to these Terms of Service. This document constitutes a legally binding agreement between you, as the user of the Services, (referred to as “you”, “your”, “Brand”, or “Merchant”) and Indent Corporation and its Affiliates (referred to as “we,” “our,” “us” or “Spray”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Indent Corporation. If you use any of the Services on behalf of another person, company or other entity, then “you” and “your” will refer to and include you and such other party, and you represent and warrant that you have the authority to bind such other party to these Terms of Service and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
During the term of this Agreement, Spray will provide Services for you to browse Creators and make suggestions. These Services will be on a monthly subscription model, whereby Spray will issue you credits based on your monthly plan, those credits will be consumed as you use certain features. In providing the Services, Shopify may utilize third party service providers to assist us in providing the Services or to carry out one or more of the purposes described in these Terms of Service (each, a “Third Party Provider”). We may expand the Services in the future, including by introducing affiliate program operations and settlement structures for Creators, which may result in some modifications or changes to these Terms of Service.
By accessing and using (the term “use” where used hereinafter in respect of the Services shall mean access or use, and “using” shall have a corresponding meaning) any of the Services, you are agreeing to be bound by these Terms of Service. You can review the current version of the Terms of Service at any time at [spray.io/terms-of-service]. We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time without notice, and such updates and changes will be effective as of the date of posting. You are advised to check the Terms of Service from time to time for any changes that may impact you. Your continued use of the Services after the amended Terms of Service are posted constitutes your agreement to and acceptance of any such changes. If you do not agree to these Terms of Service in their entirety, including any changes thereof, do not use the Services.
Before you may use the Services, you must read, agree with and accept all the terms and conditions contained or incorporated by reference in these Terms of Service, including Spray’s Privacy Policy available at [spray.io/privacy-policy]
Questions about these Terms of Service should be sent to us at [+82 2 536 3474].
1. General Conditions
- As a condition to your use of the Services, you represent and warrant that: (a) if you are an individual, you are at least 18 years of age or the age of majority in the jurisdiction in which you reside or from which you use the Services; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Services in accordance with these Terms of Service; and (d) all information supplied by you is true, accurate, current and complete.
- You may not use the Services for any illegal, fraudulent or unauthorized purpose, nor may you, in your use of the Services, violate any laws in your jurisdiction, or the laws of the Republic of Korea (including but not limited to copyright laws).
- You must not reproduce, duplicate, copy, download, distribute, display, sell, resell, or exploit any portion of the Services, or use of the Services, except (a) as expressly authorized by these Terms of Service, or (b) with our express prior written permission and, if applicable, the respective rights holders.
- You must not (a) work around, bypass, or circumvent any of the technical limitations of the Services, (b) use any tool to enable features or functionalities that are otherwise disabled in the Services, (c) decompile, disassemble or reverse engineer the Services, or (d) otherwise interfere with any part of the Services (or attempt to do any of the foregoing).
- You must not access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
- These Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Korea applicable therein, without regard to the principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of Seoul Central District Court in Republic of Korea with respect to any dispute or claim arising out of or in connection with the Terms of Service or your use of the Services.
2. Spray Rights
- We reserve the right, in our sole discretion, to modify, discontinue or terminate the Services, or terminate your access to the Services, or any part thereof, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuation or termination of the Services or any part thereof, or the termination of your access to the Services.
- We reserve the right, on our sole discretion, to refuse or deny access to the Services to anyone for any reason at any time. You shall cease and desist from using the Services immediately upon our request.
- A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Services. Without limiting any other remedies that we may have or that may be available to us, we may suspend or terminate your access to the Services if we suspect that you have engaged in fraudulent activity in connection with the Services.
- We reserve the right, but are not obligated, to limit the availability of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to, at any time and from time to time without notice, change, or refuse or remove, any information, material or content contained on, provided through, or available via the Services.
- Nothing in these Terms of Service is intended to create, nor will it be construed as creating, any exclusive arrangement between the parties to these Terms of Service. We reserve the right to provide the Services to your competitors.
3. Privacy and Data Protection