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. - Winback does not warrant that the service will be
uninterrupted, timely, secure, or error-free. - Winback 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. - Winback 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 Winback 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 Winback. - Verbal or written abuse of any kind (including threats
of abuse or retribution) of any Winback customer,
Winback 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 Winback service. All
material you submit remains yours. - You agree that Winback can, at any time, review all the
content submitted by you to its Service. - The failure of Winback 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 Winback and govern your use of the
Service, superseding any prior agreements between you
and Winback (including, but not limited to, any prior
versions of the Terms of Service). - Questions about the Terms of Service should be sent to
support@getwinback.com.
Account
- You must be 18 years or older to use Winback.
- To access and use Winback (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. Winback 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 Winback 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
Winback 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 Winback will result
in an immediate termination of your services and
potential lawsuit.
Account
- 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 help@winback.chat - We reserve the right to modify or terminate the Winback
service for any reason, without notice at any time. - We reserve the right withhold refunds/guarantees at our
discretion. - Guarantees are only good on recurring charges (not
usage, commission or campaign charges) and are only good
for 1 month not the entirety of app usage. - Fraud: Without limiting any other remedies, Winback 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 Winback are subject to change upon no
notice from Winback. - Winback reserves the right at any time to time to modify
or discontinue the Service (or any part thereof) with or
without notice. - Winback shall not be liable to you or to any third party
for any modification, price change, suspension or
discontinuance of the Service.
Arbitration Clause
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS
ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE
ANY DISPUTE WITH US.
Except if you opt-out as expressly permitted below, or except
to the extent contrary to applicable law (“Excluded
Disputes”), you hereby agree that all disputes between you
and us (whether or not such dispute involves a third-party)
with regard to your relationship with us, including without
limitation disputes related to these Terms of Use, your use
of the website and the Service, and/or rights of privacy
and/or publicity, may, in our discretion, be resolved by
binding, individual arbitration under the American
Arbitration Association’s rules for arbitration of
consumer-related disputes and you hereby expressly waive
trial by jury.
You expressly agree that you shall not participate in any
class action or class-wide arbitration for any claims
covered by this Agreement. You also agree not to participate
in claims brought in a private attorney general or
representative capacity, or consolidated claims involving
another person’s account, if we are a party to the
proceeding. This dispute resolution provision will be
governed by the US Federal Arbitration Act, to the extent
permissible.
Judgment on the award rendered by the arbitrator may be
entered in any court having competent jurisdiction. Any
provision of applicable law notwithstanding, the arbitrator
will not have authority to award damages, remedies or awards
that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so,
neither you nor we can require the other to participate in
an arbitration proceeding. To opt out, you must notify us in
writing within thirty (30) days of the date that you first
became subject to this arbitration provision. You must use
this address to opt out: help@winback.chat. You must include
your name and residence address, the email address you use
for your Winback Account, and a clear statement that you
want to opt out of this arbitration agreement. If and to the
extent the prohibition against class actions and other
claims brought on behalf of third-parties contained above is
found to be unenforceable, then such preceding language in
this Arbitration section will be null and void. This
arbitration agreement will survive the termination of your
relationship with us.
Indemnity
You agree to defend, indemnify and hold harmless Winback 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 Winback 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 Winback” 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 Winback 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 Winback has been advised of the
possibility of such damages. Except to the extent prohibited
by applicable law, in no event shall the liability of
Winback, 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
Winback 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 Winback 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 Winback, 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.
