Terms of Service

By signing up for the TxtCart service (“Service”) or any of the services of TxtCart, LLC. (“TxtCart”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. TxtCart reserves the right to update and change the Terms of Service by posting updates and changes to the TxtCart website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

This is a legal agreement between you (either an individual, a company or any entity) and TxtCart, a service of TxtCart, LLC. This includes any of the services and products offered and sold via txtcartapp.com, Shopify App Store, WordPress App Store or any other online publication offering our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of TxtCart. By registering for or using TxtCart and any of its features you agree that you have read, understood and accepted the terms and conditions of this agreement. You may not use our services if you do not accept our terms as discussed in the document (“Terms of Service”).

 

General Conditions and Terms

•   We reserve the right to refuse service to anyone for any reason at any time.

•    Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

•   TxtCart does not warrant that the service will be uninterrupted, timely, secure, or error-free.

•   TxtCart does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

•   You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

•   We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

•   TxtCart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

•   You expressly understand and agree that TxtCart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

•   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by TxtCart.

•   Verbal or written abuse of any kind (including threats of abuse or retribution) of any TxtCart customer, TxtCart employee, member, or officer will result in immediate account termination and potential harassment lawsuit.

•   We do not claim any intellectual property rights over the material you provide to the TxtCart service. All material you submit remains yours.

•   You agree that TxtCart can, at any time, review all the content submitted by you to its Service.

•   The failure of TxtCart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TxtCart and govern your use of the Service, superseding any prior agreements between you and TxtCart (including, but not limited to, any prior versions of the Terms of Service).

•   Questions about the Terms of Service should be sent to legal@txtcartapp.com.

Account

•   You must be 18 years or older to use TxtCart

•   To access and use TxtCart (The App) you must create an account, provide a valid email address and phone number. Any virtual, fake, third party or landline number will not get you through our registration. TxtCart may cancel your account or reject your registration for any reason in our sole discretion

•   You acknowledge we will use your email and phone number for communication purposes.

•   You are responsible for all text messages sent on behalf of your account both abandoned cart recovery and manual campaigns.

•   You are responsible for keeping your Shopify user account and password secure.

•   You may not use the TxtCart service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America and the state of Delaware.

•   You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your TxtCart account.

•   You must not transmit any worms or viruses or any code of a destructive nature.

•   A breach or violation of any of the Account Terms as determined in the sole discretion of TxtCart will result in an immediate termination of your services and potential lawsuit.

Payments

•   Payments that occur via txtcartapp.com and the platforms WooCommerce, WordPress, BigCommerce, OpenCart, Magento are handled via Stripe and Paypal directly. Payments that occur through the Shopify App Store are handled directly by the Shopify Payment Processor.

Cancellation and Termination

•   You may cancel your account at any time by uninstalling or emailing support@txtcartapp.com

•   We reserve the right to modify or terminate the TxtCart service for any reason, without notice at any time.

•   Fraud: Without limiting any other remedies, TxtCart may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

•   Prices for using TxtCart are subject to change upon no notice from TxtCart.

•   TxtCart reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

•   TxtCart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Indemnity

You agree to defend, indemnify and hold harmless TxtCart and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply with these Terms.

Publicity & Branding

You agree that TxtCart may (a) publicize your name, the fact of the Site and your use of the Service; and (b) brand the Site with a “powered by TxtCart” or similar legend and/or copyright notice. You agree to be featured as a Case Study or under “Trusted by Awesome Companies” for brand exposure and merchant trust.

Limitation of Liability

Except to the extent prohibited by applicable law, in no event shall TxtCart or Third-Party Vendor, or their affiliates, subsidiaries, or third-party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if TxtCart has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of TxtCart, its affiliates, subsidiaries, and its third-party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by You to Txtcart for the Service in the six (6) months immediately preceding the claim.

General

These Terms represent the complete agreement concerning the Service between You and TxtCart and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of the State of Delaware, excluding choice of law principles. All proceedings shall be conducted in English. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay TxtCart, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.