Terms of Service
Last updated on May 15, 2020
By creating an account on the CartX website or using any of our Services (defined below), you agree to the following terms and conditions (the “Terms of Service”).
As described in these Terms of Service, “we”, “our”, “the company” and “CartX” generally represent the CartX company.
The services offered by CartX within the Terms of Service include a number of products and services that make it easier for you to sell goods and services to buyers, whether online, physical or both. All of these services offered by CartX are referred to in these Terms of Service as “Services”. New features or tools added later are also subject to these terms. You can view the most current version of the terms of service at any time on this page. CartX reserves the right to update and change the Terms of Service as needed. We advise you to check the Terms of Service regularly to be aware of any changes, and if you do not agree with one of them, you should stop using the Service immediately.
We will provide a summary with a more informal language at the beginning of each section for the convenience of the reader, this text will be highlighted in bold. However, these summaries are not legal in nature. Please read the Terms of Service in their entirety, including any legal documents that may be mentioned throughout this page. By using CartX, you agree to the terms imposed by us. Check if there has been any changes in the terms frequently.
1. Account terms
WHAT DOES THAT MEAN?
You are responsible for your Account and for any Material you submit to the CartX Service. Remember that if you violate these terms, we may cancel your service. If it is necessary to contact you, we will do so via email.
- To access and use our services, you need to create an account (“Account”) on our website, providing some data such as your full name, email address, phone number and any other information marked as mandatory. CartX may refuse your registration or cancel the existing registration for any reason without prior notice.
- You must be at least 18 years old or legally emancipated to open a CartX account.
- You confirm that you are receiving any Services offered by CartX for the purpose of conducting commercial, non-personal, domestic or family activities.
- You acknowledge that CartX will use the email address provided when opening the Account as the primary means of communicating with you. It is your responsibility to keep this data up to date.
- It is your responsibility to keep your password secure. CartX will not be responsible for any loss or damage caused by the user’s failure to keep their Password or Account secure.
- You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, codes, information or data sent, collected, generated, stored, shown, distributed, transmitted or displayed on your Account (” Materials “).
- A breach of any term in the Terms of Service may result in an immediate interruption of your Services.
2. Account activation
WHAT DOES THAT MEAN?
Only one person can be the “Store Owner”, usually the person who signs up for the CartX Service. The Store Owner is responsible for the Account and is committed to complying with these Terms of Service, in addition to being responsible for the actions of third parties who access his Account. If you register on behalf of your boss, your boss (or employer) is the Store Owner responsible for your Account.
2.1 Store Owner
- Subject to section 2.1 (2), the person registering to use the Service through an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person authorized to use any corresponding Account that we may offer to the Store Owner in connection with the Service.
- If you are registering for our Services on behalf of your boss or employer, they will be considered the Store Owner. If you are registering on their behalf, you must use a professional email address provided by them and ensure that you have the authority and permission to submit your boss to our Terms of Service.
- Your CartX store can only be associated with a Store Owner. A Store Owner can have several different stores. “Store” means the physical or online retail environment associated with your Account.
2.2 Team/Staff Accounts
- Depending on your chosen plan, you will be able to create one or more team accounts (“Team Account”), allowing other people to access your Account. With Team Accounts, the Store Owner can create permissions and let other people work on their Accounts as they can limit their Team members’ access to certain information or settings.
- The Store Owner is responsible for actions, omissions and problems caused by the use of Team Accounts. According to these terms, the obligations of the Store Owner and a Team Account user are the same.
- The Store Owner and Team Account users are referred to as “CartX Users”.
3. General conditions
WHAT DOES THAT MEAN?
The CartX service belongs to us. You may not create a copy or use it for illegal or illicit purposes. If you or your employees use the CartX API, you must agree to our terms.
- Technical support for the Services is offered only to CartX Users.
- The Terms of Service must be governed and interpreted in accordance with applicable laws.
- You acknowledge and agree that CartX may change these terms at any time without prior notice, with the date of the last revision or change being notified on the Terms of Service page. Your continued use of the Services described on the CartX website constitutes acknowledgment and acceptance of any changes to the Terms. If you do not agree to any changes, you must stop using the Services immediately.
- You must not use the CartX Service for illegal or unauthorized purposes, just as you must not violate any law while using our Services (including but not limited to copyright infringement).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service without express permission by the CartX team.
- You should not buy keywords from search engines, domains, or the like that involve the CartX name, variations, or similar words spelled on purpose.
- Questions about the Terms of Service should be directed to our support team. [email protected]
- You understand that your Materials (not including credit card information), may be transferred in an unencrypted manner and across multiple networks. Credit card information will always be encrypted when transferring over networks.
- The Services allow you to communicate with your customers via SMS (for example, when sending your order confirmation). You should use these SMS Services only by following our Terms of Service guidelines.
- All terms and provisions of the Terms of Service will be binding and will benefit the parties to the Terms of Service and their respective heirs, successors, permitted assigns and legal representatives. CartX may assign these Terms of Service without notice or consent from you. You will not have the right to assign or transfer the Terms of Service, or any of your rights or obligations hereunder, to third parties without CartX’s prior written consent.
- If any provision, or part of the provision, in these Terms of Service is found, for any reason, to be invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability will not affect any other provision (or unaffected part of the provision) of the Terms of Service. Service, and the Terms of Service will be interpreted as if such an invalid, illegal or unenforceable provision, or part of the provision, was never present in the Terms of Service.
4. CartX rights
WHAT DOES THAT MEAN?
We may modify, cancel or refuse the service at any time.
In the event of a dispute of ownership over a CartX account, we may freeze the account or transfer it to the rightful owner as determined by us.
- We reserve the right to modify or terminate the Services for any reason, without prior notice at any time. Not all services and resources are available in all locations and we are under no obligation to provide any services or resources in any location.
- We reserve the right to refuse the service to anyone, for any reason, at any time.
- We may, but are under no obligation to remove Materials and suspend or close Accounts if we determine, in our discretion, that goods or services offered through a store or materials made available or published in a store violate these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) from any CartX customer, employee, member or officer will result in immediate account cancellation.
- CartX does not pre-select the Materials and it is at our discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our Services to your competitors and do not promise exclusivity in any specific market segment. You also acknowledge and agree that CartX employees and contractors may also be CartX customers / merchants and that they can compete with you, although they may not use your Confidential Information to do so.
- In the event of a dispute over account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, documented with an official photo, the last four digits of your registered credit card, your status as a company employee, etc.
- CartX reserves the right to determine, at our discretion, ownership of the Account and transfer an Account to the Store Owner. If we are unable to determine who the Store Owner is, without prejudice to our other rights and solutions, CartX reserves the right to temporarily deactivate an Account until the solution is determined between the disputing parties.
WHAT DOES THAT MEAN?
You and CartX agree to use each other’s Confidential Information only to fulfill the obligations of these Terms of Service. Confidential information must be protected and respected.
- “Confidential Information” must include, but is not limited to, all information associated with a party’s business that is not public knowledge, including specific business information, technical processes and formulas, software, customer lists, possible customer lists, names, addresses and other information about customers and prospects, product design, sales, costs (including any relevant processing fees), price list and other unpublished financial information, business plans, marketing data and other confidential and proprietary information, whether or not marked as confidential or proprietary. CartX Confidential Information includes all information you receive relating to us or the Services that is not known to the general public, including information related to our security programs and practices.
- Each party agrees to use the other party’s Confidential Information only as necessary to fulfill its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service, including this Section 5. Each party agrees to take all reasonable measures to protect its own information, to prevent the duplication, disclosure or use of such Confidential Information, except (i) by or for its employees, agents and subcontractors who must have access to such information. Informações, ou (ii) as required by any law, regulation or order of any court of law, provided that, if legally permitted, the receiving party immediately informs the disclosing party and makes reasonable efforts to ensure that such disclosure receives confidential treatment.
6. Limitation of liability
WHAT DOES THAT MEAN?
We are not responsible if you break the law, violate this agreement or violate the rights of third parties, especially if you are sued. The service is “as is”, so there may be errors or interruptions and we do not provide guarantees and our liability is limited.
- You understand and expressly agree that CartX will not be responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the Service.
- To the extent permitted by law, in no case will CartX or our suppliers be liable for lost profits or any special, incidental or consequential damages arising from failures in connection with our website or our Services.
- The Service must be used at your own risk. The Services are provided “as is” and “as available”, without any warranty, condition, express, implied or statutory.
- CartX does not guarantee that the Services will be uninterrupted, punctual, safe or error-free.
- CartX does not guarantee that the results that can be obtained using the Services are accurate or reliable.
- CartX does not guarantee that the quality of any products, services, information or other materials acquired or obtained by you through the Services will meet your expectations or that any errors in the Services will be corrected.
- CartX is not responsible for delivering any order, product or service to end customers (buyers). Nor is it responsible for providing support to any buyer. CartX’s responsibilities are to the software and nothing else.
7. Waiver and Complete Contract
WHAT DOES THAT MEAN?
If CartX chooses not to apply any of these provisions at any time, it does not mean that we will waive that right at a later date. These Terms of Service comprise the agreement that applies to you. This means that any previous agreements between you and CartX do not apply if they conflict with these terms.
CartX’s failure to exercise or enforce any part or provision of the Terms of Service will not constitute a waiver of that right or provision. The Terms of Service, including documents incorporated by reference, constitute the entire agreement between you and CartX and govern the use of the Services and your Account, replacing any previous agreements between you and CartX (including, but not limited to, versions of the Terms of Service).
8. Intellectual property and client content
WHAT DOES THAT MEAN?
Anything you send remains your property and is your responsibility.
- We do not claim intellectual property rights in the Materials you provide to the CartX Service. All the materials you send remain yours. You can remove your CartX store at any time by deleting your account.
- By uploading materials, you agree to: (a) allow other Internet users to view the materials that you publish in your store; (b) allow CartX to store and, in the case of Materials that you publish, use your Materials; and (c) that CartX may, at any time, review and delete all Materials submitted to its Service, although CartX is not required to do so.
- You retain ownership of all materials that you send to the store; however, by making your store public, you agree to allow others to view the materials you publish in your store. You are responsible for the compliance of the Materials with any applicable laws or regulations.
- CartX will have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote our Service.
9. Payment of fees
WHAT DOES THAT MEAN?
A valid payment method (credit card) is required for all stores. You will be charged for subscription fees every 30 days. Any transaction fees or additional fees will be charged to your preferred payment method. If we are unable to process the payment of fees using your form of payment, we will try again in a few days. If we are unable to process the payment of fees on the second attempt, we will make a third and final attempt. If payment of the fees fails after three attempts, CartX may freeze your store.
- You will pay the Fees related to your subscription to the Service (“Subscription Fees”) and any other applicable fees, including but not limited to the percentage CartX charges on sales made through our transparent checkout.
- You must maintain a valid payment method registered with us to pay all fees and monthly fees. CartX will charge fees applicable to any valid payment method you authorize (“Authorized payment method”), and CartX will continue to charge fees until the Services are closed and any and all outstanding fees have been paid in full.
- Monthly fees are paid in advance and will be charged at intervals of 30 days (corresponds to the “Billing date”). Transaction fees and additional fees will be charged from time to time, at CartX’s discretion. The fees will appear on an invoice, which can be exported directly from the control panel. Users have approximately two weeks to submit and resolve any issues with charging fees.
- If we are unable to process payment of the Fees using an Authorized Payment Method, we will make a second attempt a few days later. If the second attempt is unsuccessful, we will make a final attempt. If our final attempt is unsuccessful, we may suspend and revoke access to your account and services. Your account will be reactivated upon payment of any outstanding fees. You may not be able to access your account or store during any suspension period. If the Pending Fees remain unpaid for 60 days after the date of suspension, CartX reserves the right to close your Account permanently.
- CartX does not offer refunds on the transaction fees and/or monthly fees of our plans. Except in cases of payment problems, such as accidentally doubled payments, or technical problems. The amount charged on transaction fees reflects that our system is working and has fulfilled its role of finalizing sales. The user who opens a dispute without contacting our support channel may have their account suspended until we investigate the dispute.
- CartX does not offer refunds on the amounts spent by the User on paid traffic, we are not responsible for the performance of the User’s campaigns, being the sole and exclusive responsibility of the User to check the functioning of his sales funnel.
10. Cancellation and termination
WHAT DOES THAT MEAN?
To initiate a termination, contact our support. CartX will respond with specific information about the process of closing your account. If you cancel in the middle of your billing cycle, you will receive a final invoice.
- You can cancel your Account and terminate the Terms of Service at any time by contacting CartX Support and following the specific instructions provided to you.
- After termination of the Services by either party, CartX will no longer provide the Services for any reason and you will no longer be able to access your Account; subject to certain exceptions, you will not be entitled to any refund of any Fees, either in proportion or in full. Any outstanding balance due to CartX for the use of the Services up to the effective date of such termination will be immediately charged in full. Your store will be taken down.
- We reserve the right to modify or terminate the CartX Service, the Terms of Service and / or your Account for any reason, without notice at any time. Termination of the Terms of Service does not affect any rights or obligations that arose before the date of termination.
- Fraud: CartX may suspend or terminate your account if we suspect that you (by conviction, settlement, judicial investigation or otherwise) have engaged in fraudulent activities related to the use of the Services.
11. Modifications to the Service and Prices
WHAT DOES THAT MEAN?
We may change or discontinue the service at any time, without liability.
- The prices of the Services are subject to change with a 30-day advance notice from CartX. This notice can be provided at any time by posting the changes on the CartX website, by a notice on the panel, via email or by the Facebook group.
- CartX reserves the right, at any time and from time to time, to modify or discontinue the Services (or any part of it) with or without notice.
- CartX is not responsible for any modification, price change, suspension or discontinuation of the Service.
12. Beta testing
From time to time, CartX may, at its sole discretion, invite you to use beta features that are in development and are not yet available to all merchants (“Beta Services”). The Beta Services may be subject to additional terms and conditions, which CartX will provide to you prior to using the Beta Services. Such Beta Services and all conversations and materials associated with them will be considered CartX Confidential Information and subject to the confidentiality provisions of this agreement. You agree that you will not make public statements or disclose your participation in the Beta Services without CartX’s prior written consent. CartX makes no representations or warranties that the Beta Services will function properly. CartX may discontinue Beta Services at any time, in its sole discretion. CartX is not responsible for any damage or damage resulting from or in connection with a Beta Service. Beta Services may not work in the same way as a final version. CartX may change or not release a final or commercial version of a Beta Service, at our discretion.
13. Feedback and analysis
CartX welcomes any ideas and / or suggestions about improvements or new features for the Services. Under no circumstances will the disclosure of any idea, suggestion or material related to CartX be subject to any obligation of confidentiality or expectation of compensation. Ao enviar Feedback para o CartX (enviado diretamente para o CartX ou publicado em qualquer fórum ou página hospedada no CartX), você renuncia a todos e quaisquer direitos no Feedback e o CartX pode implementar e usar o Feedback, se desejado, conforme fornecido por você ou conforme modificado pelo CartX, sem obter permissão ou licença de você ou de terceiros.
14. Privacy and data protection