Terms and Conditions

Agreement to Our Legal Terms

We are Social Retail Marketing Inc. DBA Pitaya App ("Company," "we," "us," "our"), a company registered in California, United States at 3943 Irvine Blvd #1122, Irvine, CA 92602-2400.

We operate the website https://pitayaapp.io and any other related products and services that refer or link to these legal terms (collectively, the "Services").

Contact us at hello@pitayaapp.io.

BY ACCESSING THE SERVICES, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE LEGAL TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Our Services

Pitaya App is a vertical SaaS platform built for boutique retailers and Shopify merchants. The Services include a seller dashboard, Shopify product and data synchronization, a white-labeled mobile buyer app builder, and connectivity to third-party marketing platforms including Meta Ads, Klaviyo, and TikTok Shop.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, and graphics, as well as the trademarks, service marks, and logos contained therein.

Your data ownership. All customer data, product data, and order data that you sync through Pitaya from your Shopify store or other connected platforms remains your property. We do not sell or share your seller data or your customers' data with third parties for commercial purposes without your consent.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you are not under the age of 18; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Products

All products and features are subject to availability. We reserve the right to discontinue any products or features at any time for any reason. Prices for all products are subject to change.

6. Purchases and Payment

We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in US dollars.

7. Subscriptions

Billing and Renewal. Your subscription will continue and automatically renew unless canceled. The length of your billing cycle is monthly.

Plans. Pitaya App offers multiple subscription plans. Current plan options and pricing are available on our pricing page.

Cancellation. You can cancel your subscription at any time by contacting us at hello@pitayaapp.io. Your cancellation will take effect at the end of the current paid term.

8. Refunds Policy

All sales are final and no refund will be issued unless otherwise required by applicable law. If you believe you have been charged in error, please contact us at hello@pitayaapp.io within 30 days of the charge.

9. Prohibited Activities

You agree not to:

• Systematically retrieve data or other content from the Services without written permission
• Trick, defraud, or mislead us and other users
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use any information obtained from the Services to harass, abuse, or harm another person
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other malicious material
• Attempt to impersonate another user or person
• Attempt to access another seller's data, customer data, or proprietary information
• Use the Services as part of any effort to compete with us
• Sell or otherwise transfer your profile or account

10. Third-Party Websites and Content

Third-party integrations available through Pitaya App (including Shopify, Klaviyo, Meta, and TikTok Shop) are subject to their own terms of service and privacy policies. By connecting these integrations, you agree to comply with their respective terms.

11. Privacy Policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.

12. Term and Termination

WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times.

14. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

15. Dispute Resolution

Informal Negotiations. The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in California, United States.

16. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

17. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD.

18. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; or (4) your violation of the rights of a third party.

19. User Data

Pitaya App is committed to data ownership — your seller data and customer data belongs to you and will not be sold to third parties. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit using the Services.

20. Electronic Communications

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements and notices we provide electronically satisfy any legal requirement that such communication be in writing.

21. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

22. Miscellaneous

These Legal Terms constitute the entire agreement and understanding between you and us. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

23. Contact Us