Terms of Service

By signing up for the Winback service (“Service”) or any of the services of Winback INC. (“Winback”) 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. Winback reserves the right to update and change the Terms
of Service by posting updates and changes to the Winback 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 Winback, a service of Winback,
LLC. This includes any of the services and products offered and sold via winback.chat, 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 Winback. By
registering for or using Winback 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.
  • 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
  • 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
  • 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
  • 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


  • 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
  • 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.


  • 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
  • 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


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

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.


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.


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.

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