Terms of Service

Effective Date: October 15, 2026

1. Acceptance of Terms

By installing and using the "BSV Soft EU AI Companion" app (the "App"), you agree to be bound by these Terms of Service, which constitute a legally binding agreement between you and Berk Strategic Ventures LLC, doing business as BSV Soft ("BSV Soft", "we", "us", or "our"). If you do not agree, do not install or use the App.

2. Purpose of the App

The App provides a visual badge to assist merchants in disclosing the use of AI to consumers located in the European Union. The App is a technical tool and does not constitute legal advice. Using it does not by itself make your store compliant with any law, including the EU AI Act. The badge appears only on products you tag, and visitors' locations are determined on a best-effort basis (for example, a VPN or a blocked location check can affect the result).

3. Disclaimer of Warranties and Limitation of Liability

You are solely responsible for your store's compliance with the laws that apply to it, including deciding which products to disclose and how.

The App is provided "as is" and "as available". To the maximum extent permitted by applicable law, BSV Soft disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the App will show the badge to every intended visitor or to no one else.

To the maximum extent permitted by applicable law, BSV Soft will not be liable for any indirect, incidental, special, consequential or punitive damages, for any loss of profits or revenue, or for any fines, penalties or claims brought against you by any authority or third party, arising out of or relating to the App, including its unavailability, errors, or failure to show or hide a badge.

To the maximum extent permitted by applicable law, our total liability for all claims arising out of or relating to the App will not exceed the amount you paid us for the App in the twelve (12) months before the event giving rise to the liability.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

4. Service Availability and Updates

We work to keep the App available using edge-network technology, but we do not guarantee that the App will be error-free or uninterrupted. We may update the App at any time, and updates may be released gradually, so different stores may run different versions for a period of time. We reserve the right to modify or discontinue the service with or without notice.

5. Service Metrics and Visitor Consent

To show badge activity (on the Pro plan) and to detect problems, the App collects anonymous, aggregated service metrics as described in our Privacy Policy. These metrics are only sent for visitors who have allowed analytics through your store's consent settings (Shopify's Customer Privacy API). You are responsible for configuring your store's cookie banner and privacy settings as required by the laws that apply to your store. The location check that decides whether to show the badge is part of the core service and runs for all visitors.

6. Billing and Refunds

Billing is handled exclusively by Shopify (Shopify App Pricing). The App offers a free plan and paid plans; by choosing a paid plan, you agree to its recurring charges as stated on the plan selection page and in the App listing. Changing or cancelling a plan takes effect as Shopify describes on that page. Due to the nature of digital software, refunds are handled on a case-by-case basis and are strictly at our discretion, subject to Shopify's App Store policies.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in King County, Washington, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

8. Indemnification

You agree to indemnify, defend, and hold harmless BSV Soft, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your use of the App, your violation of these Terms, or your failure to comply with any applicable laws.

9. Changes to These Terms

We may update these Terms from time to time. We will change the effective date above and, for significant changes, let you know through the App or by email. Continuing to use the App after a change means you accept the updated Terms.

10. Contact

If you have any questions regarding these Terms, please contact us at legal@bsvsoft.com or support@bsvsoft.com.

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