Please read these terms carefully before using CartBack's website and services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and CartBack, Inc. ("CartBack," "we," "our," or "us"), governing your access to and use of the CartBack website (cartback.net), platform, APIs, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
CartBack provides e-commerce recovery and marketing technology services, including but not limited to:
The specific features and scope of Services available to you depend on your subscription plan and service agreement.
To access certain features of our Services, you must create an account. When registering, you agree to:
We reserve the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
You retain all ownership rights to the data you submit to the Services ("Client Data"). CartBack does not claim ownership of your Client Data.
By using the Services, you grant CartBack a limited, non-exclusive, worldwide license to use, process, store, and transmit Client Data solely for the purpose of providing and improving the Services as outlined in your service agreement.
Where CartBack processes personal data on your behalf, we act as a data processor under applicable data protection laws (e.g., GDPR). The terms of data processing are governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference and available upon request.
CartBack implements industry-standard security measures to protect Client Data, as described in our Privacy Policy. While we take reasonable steps to protect your data, you acknowledge that no method of electronic transmission or storage is 100% secure.
Our Services integrate with third-party platforms, including Meta (Facebook, Instagram, WhatsApp, Messenger), e-commerce platforms, and other services. By using these integrations, you agree to comply with the terms and policies of those third-party platforms, including but not limited to:
CartBack is not responsible for changes to third-party platform terms or policies. Disruptions in third-party services may affect the availability of certain CartBack features.
Fees for the Services are set forth in your service agreement or subscription plan. All fees are quoted in U.S. dollars unless otherwise specified.
Invoices are due and payable within thirty (30) days of the invoice date, unless otherwise specified in your service agreement. We accept payment by credit card, ACH transfer, or wire transfer.
Overdue invoices may be subject to a late payment fee of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less). We reserve the right to suspend Services for accounts with overdue balances exceeding 30 days.
All fees are exclusive of applicable taxes. You are responsible for all applicable sales, use, VAT, or other taxes associated with your use of the Services, excluding taxes based on CartBack's net income.
The Services, including all software, algorithms, designs, trademarks, documentation, and other intellectual property, are owned by CartBack or its licensors. These Terms do not grant you any rights to CartBack's intellectual property except the limited license to use the Services as described herein.
If you provide us with suggestions, feedback, or ideas regarding the Services, you grant CartBack a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Services without any obligation to you.
Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as necessary to perform obligations under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
CartBack commits to a 99.9% platform uptime for paid subscription plans, excluding scheduled maintenance windows. Specific SLA terms, including remedies for downtime exceeding the SLA commitment, are detailed in the applicable service agreement. Scheduled maintenance will be communicated at least 48 hours in advance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
You agree to indemnify, defend, and hold harmless CartBack, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
These Terms are effective from the date you first access or use the Services and continue until terminated by either party.
You may terminate your account at any time by providing 30 days' written notice to CartBack. Prepaid fees for the remaining subscription period are non-refundable unless otherwise specified in your service agreement.
CartBack may terminate or suspend your access to the Services immediately if you breach these Terms, fail to pay fees when due, or engage in activities that harm CartBack, its users, or third-party partners.
Upon termination, your right to use the Services ceases immediately. CartBack will make Client Data available for export for 30 days following termination. After this period, we may delete your Client Data in accordance with our data retention policies.
Any disputes arising out of or related to these Terms shall be resolved as follows:
Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.
These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the federal or state courts located in New York County, New York.
For questions about these Terms of Service, please contact us:
CartBack, Inc.
Legal Department
1234 Commerce Boulevard, Suite 500
New York, NY 10001
United States
Email: [email protected]
Phone: +1 (800) 555-CART (2278)