Terms of Service

1. Who provides SmartProfit

SmartProfit is provided by SMART COD FORM S.R.L., a Romanian limited liability company, with registered office at Str. Principala 203 C, Hintesti, Arges, Romania; tax identification number (CUI) 55681023; Trade Register number J2026057225005; EUID ROONRC.J2026057225005. In these Terms, “SmartProfit”, “we”, “us” and “our” refer to this company.

These Terms apply to the SmartProfit website at getsmartprofit.com, its application and related services. Contact us at support@getsmartprofit.com. Our Privacy Policy explains how personal data is handled. Our Refund & Cancellation Policy forms part of these Terms.

2. Business use and authority

SmartProfit is intended for businesses, merchants and professionals to understand their ecommerce operations. You must be at least 18 and legally able to enter into a contract. When acting for a company or another organisation, you confirm that you have authority to bind it. “You” means that business and, where relevant, its authorised users.

Provide accurate billing and business information, keep your access credentials secure, and ensure that people you invite use the service lawfully. Tell us promptly if you suspect unauthorised access. You are responsible for activity you authorise through your account, but not for activity caused by our own breach of these Terms.

These Terms do not remove rights that cannot legally be excluded. If you qualify as a consumer under applicable law, the mandatory consumer protections that apply to you take priority over inconsistent provisions.

3. Your contract and subscription

The subscription order or approval screen identifies your plan, included features, limits, billing currency, price, taxes where applicable, trial dates and billing frequency. Review this information before approving a paid subscription. A paid subscription requires your explicit approval of the price and recurring billing terms through SmartProfit or the relevant billing platform.

Access to public pages or an unsigned demonstration does not itself authorise a subscription charge. A Shopify sign-in or installation alone does not replace the applicable paid-plan approval step. Your subscription order, these Terms and the Refund & Cancellation Policy govern the subscription. Where we process personal data on your instructions, the Data Processing Agreement also applies and takes priority on those processing matters.

We may offer different plans and features. Only features included in your approved plan or separately agreed with you form part of your subscription. Product roadmaps and proposed integrations are plans, not promises of delivery by a particular date.

4. Your 14-day free trial

Our standard subscription offer includes a 14-day free trial before paid billing begins. This is a standing offer, not a temporary promotion. Your trial start and end dates must be shown during subscription setup. A SmartProfit subscription fee is not charged for the trial period.

If you explicitly approve recurring billing, your chosen paid subscription starts after the trial ends and renews at the disclosed interval until cancelled. If you do not approve a paid plan, the end of the trial does not authorise us to charge you; access to paid features may pause instead.

Cancel before the trial ends to avoid the subscription charge. You can use the subscription controls available for your billing route or contact us as explained in the Refund & Cancellation Policy. The trial does not replace or shorten a statutory withdrawal period where one applies.

5. Fees, renewals and changes to your plan

Subscription fees are charged in the currency and at the interval you approve. Applicable taxes and whether they are included or added must be stated before purchase. Your bank or billing platform may apply currency conversion or fees under its own agreement with you; these are not SmartProfit fees.

Subscriptions renew automatically only under the recurring billing authorisation you have given. Paid-plan changes, add-ons or usage charges require the disclosure and approval applicable to that change. We will not treat silence as approval for an additional charge that requires your consent.

We will give at least 30 days’ advance notice of a subscription price increase. It will apply prospectively from a renewal after that notice period, not retroactively to a prepaid period. You can cancel before it takes effect. If a billing platform requires a new approval, the new price will not be charged without it.

If a payment fails, we may ask you to update your payment method and may pause paid features after reasonable notice. We will not charge a late-payment penalty unless it was separately disclosed, agreed and lawful.

6. Cancellation and refunds

You can cancel a subscription at any time using its available billing controls or by contacting support@getsmartprofit.com from the account email and identifying the relevant store or account. If you cannot access the controls, your clearly identified cancellation email will count from when we receive it. We will not require you to wait for a support response to preserve the time of your request.

Cancellation stops future renewals and normally leaves paid access available until the end of the period already paid for. Cancellation alone does not automatically request a refund. If an unintended SmartProfit subscription charge has occurred, tell us within 72 hours of that charge to receive a full refund of the applicable subscription charge under our Refund & Cancellation Policy. This applies to an initial paid charge and to a renewal.

An approved refund ends the paid access associated with the refunded charge and cancels its future renewals. Outside this voluntary refund window, fees are not normally refunded or prorated, subject to mandatory law, billing errors and remedies for a material failure to provide the contracted service. Full details are in our Refund & Cancellation Policy.

7. Connected stores, advertising accounts and other services

You choose which external accounts to connect and authorise the permissions requested by each integration. You must have authority to connect those accounts and share their data. We use the connected data to provide the features you request, subject to our Privacy Policy and, where applicable, the Data Processing Agreement.

Shopify, TikTok, Meta, Google and other platforms operate under their own terms, permissions, availability and billing rules. SmartProfit is an independent service and is not endorsed by those platforms unless we expressly state an actual relationship. A platform can change its API, impose access limits, revoke permissions or decline an integration approval. We will use reasonable efforts to adapt supported features but cannot guarantee that every third-party feature remains available.

Disconnecting a data integration and cancelling the SmartProfit subscription are separate actions unless your billing platform expressly links them. Follow the cancellation controls or contact us to stop billing. You may revoke integration permissions through the relevant platform. Deletion requests are explained on our Data Deletion page.

Reports and recommendations do not authorise us to change advertising budgets, pause campaigns, place orders or submit tax returns. Any feature that performs such actions must be separately and explicitly enabled by an authorised user, with its permissions and operation disclosed.

8. Profit, tax and advertising information

SmartProfit is a business analytics tool. Profit, margins, cash flow, advertising attribution, return rates, tax estimates and similar outputs depend on the information available, your configuration and the calculation method displayed. They can differ from accounting records, bank settlements, tax returns or the reports of an advertising platform.

Common causes include incomplete or delayed data, time zones, currency conversion, attribution windows, refunds, chargebacks, cash-on-delivery collections, product costs, shipping adjustments, tax treatment and expenses not connected to SmartProfit. Review your settings and reconcile important figures against the underlying records.

Tax explanations, country profiles, notifications and calculations are general information and estimates. They are not accounting, tax, legal, investment or financial advice, a tax filing service, or a representation that we know every rule applicable to your business. Your obligations can depend on establishment, registrations, transaction locations, thresholds, business structure and facts we do not hold. Rules may change before information is updated.

Use an appropriately qualified adviser for your particular obligations and verify rates, deductions, deadlines and filings against authoritative sources. You remain responsible for your business decisions, records, declarations and payments. We remain responsible for performing the service with the reasonable skill and care required by applicable law.

We do not guarantee a particular profit, return on advertising spend, tax saving, business outcome or approval by Shopify, TikTok or another platform. Suggestions to scale or stop advertising are informational and require your independent judgment.

9. Your data and our intellectual property

You retain ownership of your business data, content and records. You grant us a limited right to host, copy, process and display that material only as necessary to provide and secure SmartProfit, follow your instructions, support you and meet applicable legal obligations. Personal data processing is further limited by the Privacy Policy and the Data Processing Agreement; this clause does not create an unrestricted right to reuse personal data.

SmartProfit and its software, design, documentation, brand and original content belong to us or our licensors. During your authorised use, you receive a limited, non-exclusive, non-transferable right to access the service for your business, subject to your plan and these Terms. No ownership in the software or brand transfers to you.

You may use and export your own reports for your business. Do not copy or resell the service, remove ownership notices, or use our brand to imply an endorsement without permission. Restrictions on reverse engineering apply only to the extent permitted by law and do not override mandatory interoperability or other statutory rights.

If you voluntarily provide product feedback, we may use it to improve SmartProfit without owing compensation, but this does not transfer ownership of your business data or authorise public disclosure of confidential information.

10. Acceptable use

Use SmartProfit lawfully and within the permissions of the accounts you connect. In particular, do not:

• access another account without authority or submit data you have no lawful right to process;
• introduce malware, probe systems without permission, bypass security controls or interfere with service availability;
• scrape or overload the service in a way that harms its operation or breaches agreed limits;
• use the service to facilitate fraud, unlawful surveillance, infringement or other illegal activity;
• resell shared access or evade plan limits, billing or restrictions through deceptive accounts.

Reasonable automated use through interfaces we expressly provide is permitted within their documented limits. Tell us promptly about a suspected vulnerability and avoid accessing other customers’ information.

11. Privacy and confidentiality

Each party must comply with the data protection obligations that apply to it. You are responsible for the lawful collection of the customer and business data you instruct us to process, including required notices and lawful bases. We are responsible for our own obligations as a controller and, where applicable, as your processor. See our Privacy Policy and Data Processing Agreement.

Each party will protect the other party’s non-public business, technical and financial information received through the service using reasonable care, use it only for the relationship, and disclose it only to people who need it and are bound by appropriate duties. This does not cover information already lawfully public, independently developed, lawfully received without restriction, or required to be disclosed by law. Where lawful, the disclosing party will give notice of a compulsory disclosure.

These confidentiality duties continue after the subscription ends for as long as the information remains confidential. Personal data continues to be governed by applicable data protection law.

12. Service operation and support

We use reasonable efforts to keep SmartProfit available, secure and functioning as described. Maintenance, technical incidents and interruptions at external providers may temporarily affect access or synchronisation. Unless separately agreed in writing, we do not offer a guaranteed uptime percentage, uninterrupted availability or a particular support response time.

We may improve, update or replace features. We will not materially reduce the core service you have already paid for without an appropriate remedy. Where a material change prevents us from providing that service, we will offer a reasonable alternative or allow termination with a refund for the prepaid period that cannot be provided.

Report service problems to support@getsmartprofit.com with the store identifier, affected feature and a description of the issue. Do not send passwords, full payment card details or access tokens. We may request reasonable diagnostic information and will handle it under the Privacy Policy.

13. Suspension, termination and your data

We may restrict or suspend access where reasonably necessary to address a material breach, non-payment, fraud, a security threat, unlawful activity or a binding legal requirement. We will ordinarily give notice and a reasonable opportunity to resolve the issue. Immediate action may be taken where notice would increase a security risk, facilitate abuse or breach the law. Restrictions will be proportionate, and we will explain them where legally and operationally possible.

Either party may terminate for a material breach that remains unresolved after reasonable written notice. We may also discontinue the service on at least 30 days’ notice; in that case, we will refund the unused part of prepaid fees for service we will not provide. We will not withhold a legally required refund because an account has been suspended or closed.

Before closing your account, use available export functions or contact us to arrange a reasonable export of your business data, subject to lawful verification and technical availability. Cancellation and data deletion are separate. Retention, legal exceptions and deletion procedures are explained in the Privacy Policy and on our Data Deletion page. We do not promise indefinite storage after your relationship with us ends.

14. Liability

To the extent permitted by applicable law, neither party is liable to the other for indirect or consequential losses, or for lost business opportunities, anticipated savings, goodwill or profits, arising from these Terms. This does not remove responsibility for loss that applicable law requires to be recoverable.

Subject to the exceptions below, our total aggregate liability arising out of or relating to the service and these Terms is limited to the SmartProfit subscription fees paid by you or payable by you for your use of the service in the 12 months immediately before the first event giving rise to the claim. Related claims arising from the same circumstances are treated together for this limit.

These limitations do not apply to fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited. They do not exclude or reduce a data subject’s statutory rights, including compensation rights under the GDPR, or relieve either party of non-excludable data protection obligations.

Neither party is responsible for a failure caused by events reasonably beyond its control, provided it takes reasonable steps to limit the effects and resumes performance when possible. This does not excuse fees for service already provided or allow us to retain prepaid fees for service we permanently cannot provide.

15. Changes to these Terms

We may update these Terms to reflect changes to the service or law. We will publish an updated version with its effective date. For a material change affecting an existing subscription, we will provide at least 30 days’ advance notice through a reasonable channel, such as your account email or an in-app notice.

Material changes apply prospectively. You may cancel before they take effect. If a change materially reduces the prepaid service and you end the subscription because of it, we will refund the unused part of the affected prepaid period. Changes that the law requires sooner or urgent security changes may take effect earlier to the extent necessary, with notice as soon as reasonably possible. Any consent that the law or billing platform requires will be obtained separately.

16. Governing law and resolving concerns

Romanian law governs these Terms, except for conflict-of-laws rules that would displace it. If you have a concern, contact us at support@getsmartprofit.com so we can try to resolve it promptly and fairly. This does not require you to give up a statutory remedy or miss a legal deadline.

For business customers, disputes are subject to the competent courts of Romania. Any mandatory right to use another court, consumer protection rule in your country, or right to complain to a competent authority remains unaffected.

If a provision is unenforceable, the rest of these Terms continues to apply to the extent lawful. A delay in enforcing a provision is not a permanent waiver. Neither party may transfer the contract in a way that materially reduces the other party’s rights; a business reorganisation or sale may include a lawful transfer with notice and appropriate protection for your data. These Terms do not create a partnership, employment, agency or joint venture.