Please read these terms carefully before using Cart Back's website and services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Client") and Cart Back ("Cart Back," "we," "our," or "us"), governing your access to and use of the Cart Back website (https://cartback.net/), and our software development, design, integration, and consulting 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.
Cart Back is a software development and digital solutions agency. Our Services include, but are not limited to:
The specific features, scope, and deliverables available to you depend on your service agreement and statement of work.
Specific projects are governed by individual statements of work ("SOW") or master services agreements ("MSA") that supplement these Terms. In the event of a conflict between these Terms and an SOW/MSA, the SOW/MSA controls for that engagement.
Each SOW will detail scope, deliverables, timeline, fees, and acceptance criteria for the project in question.
To access certain features of our Services or client portals we provide, you may need to create an account. When registering, you agree to:
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 us in connection with our Services ("Client Data"). Cart Back does not claim ownership of your Client Data.
You grant Cart Back a limited, non-exclusive, worldwide license to use, process, store, and transmit Client Data solely for the purpose of providing the Services as outlined in your service agreement.
Where Cart Back processes personal data on your behalf, we act as a data processor (or service provider) under applicable data protection laws. The terms of data processing can be governed by a Data Processing Agreement (DPA), available upon request and incorporated into these Terms by reference if executed.
Cart Back 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 may build on or integrate with third-party platforms, including Meta (Facebook, Instagram, WhatsApp, Messenger), cloud providers (AWS, Google Cloud, Azure), and other third-party services. By using software we build that integrates with these platforms, you agree to comply with the applicable terms and policies of those third-party platforms, including but not limited to:
Cart Back is not responsible for changes to third-party platform terms or policies. Disruptions in third-party services may affect software we have built.
Fees for the Services are set forth in your applicable SOW or service agreement. 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 pause work on 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 Cart Back's net income.
Unless otherwise specified in the SOW, upon full payment of fees, you receive ownership of custom-developed deliverables (source code, designs, documentation) created specifically for you under the engagement, subject to Cart Back retaining ownership of pre-existing IP, tools, libraries, frameworks, and general know-how used in delivery.
Cart Back retains ownership of all pre-existing intellectual property, internal frameworks, tools, libraries, design systems, methodologies, and general know-how. Where these are incorporated into deliverables, you receive a non-exclusive, perpetual license to use them as part of those deliverables.
If you provide us with suggestions, feedback, or ideas regarding our work or methods, you grant Cart Back a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into our 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.
Cart Back warrants that Services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly set forth in these Terms or any SOW, our Services are provided "AS IS" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
You agree to indemnify, defend, and hold harmless Cart Back, its officers, directors, employees, contractors, 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 engagement at any time as specified in your SOW or service agreement. Prepaid fees are non-refundable unless otherwise specified.
Cart Back may terminate or suspend your access to the Services immediately if you materially breach these Terms, fail to pay fees when due, or engage in activities that harm Cart Back, its team, other clients, or third-party partners.
Upon termination, your right to use any Cart Back-provided tools ceases. Cart Back will make Client Data available for export for a reasonable period (typically 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 Alaska, 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 Alaska.
For questions about these Terms of Service, please contact us:
Cart Back
Attn: Legal
900 Lanark Dr
Wasilla, Alaska 99654
United States of America
Email: [email protected]
Phone: +1 (413) 361-9890