Terms of Service

Smart Cart Recovery ("we," "our," or "us") provides automated cart abandonment recovery services specifically designed for Whop sellers. Our service includes:

• Automated detection and tracking of abandoned shopping carts on Whop stores
• Customizable email reminder campaigns to recover abandoned purchases
• Discord direct message notifications to customers who abandon carts
• Comprehensive analytics and reporting on recovery performance and revenue impact
• Seamless integration with Whop's platform through official APIs
• Campaign optimization tools and A/B testing capabilities
• Customer segmentation and targeting features

Service Requirements:

To use our service, you must have:

• An active Whop seller account in good standing
• Valid email address and accurate contact information
• Compliance with Whop's terms of service and community guidelines
• Appropriate permissions for Discord integration (if utilizing Discord features)
• Legal authority to bind your business to these Terms
• Compliance with applicable anti-spam and data protection laws

Service Limitations:

• Service availability depends on Whop API functionality and uptime
• Email delivery rates may vary based on recipient email providers
• Discord message delivery requires valid Discord user IDs and permissions
• Recovery rates are not guaranteed and depend on various factors

Account Creation:

When creating an account with Smart Cart Recovery, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Accept full responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches
• Maintain only one account per person or business entity
• Be at least 18 years old or have parental consent

Account Security:

You are responsible for maintaining the security of your account by:

• Using strong, unique passwords and updating them regularly
• Enabling two-factor authentication when available
• Not sharing your account credentials with unauthorized parties
• Logging out of shared or public computers
• Monitoring your account for suspicious activity
• Reporting security incidents promptly

Account Suspension:

We may suspend or terminate accounts for:

• Violation of these Terms or our policies
• Fraudulent or illegal activities
• Non-payment of fees
• Abuse of our service or other users
• Inactivity for extended periods

Permitted Uses:

You may use our service for:

• Legitimate cart recovery for your own Whop products and services
• Sending reasonable email frequencies following industry best practices
• Compliance with CAN-SPAM, GDPR, and other applicable regulations
• Providing clear unsubscribe options in all communications
• Respecting customer preferences and opt-out requests

Prohibited Activities:

You may not use our service to:

• Send spam, unsolicited communications, or bulk emails
• Engage in fraudulent, deceptive, or illegal activities
• Access other users' accounts, data, or private information
• Reverse engineer, decompile, or extract our source code
• Use the service to compete with or harm our business
• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or harmful code
• Interfere with or disrupt our service or servers
• Create fake accounts or impersonate others
• Harvest or collect user information without consent

Email Best Practices:

When using our email features, you must:

• Include clear sender identification and contact information
• Provide prominent and functional unsubscribe links
• Honor unsubscribe requests within 10 business days
• Avoid misleading subject lines or deceptive content
• Respect frequency limits and customer preferences

Enforcement:

Violations of this policy may result in:

• Warning notices and required corrective action
• Temporary suspension of service features
• Permanent account termination without refund
• Legal action and cooperation with law enforcement
• Reporting to relevant authorities and platforms

Subscription Plans:

We offer various subscription tiers with different features and usage limits:

• Starter, Professional, and Enterprise plans with varying email volumes
• Monthly and annual billing cycles with discounts for annual payments
• Usage-based pricing for high-volume customers
• Custom enterprise solutions for large businesses
• All pricing displayed in USD unless otherwise specified

Payment Terms:

• Payments are processed automatically on your billing date
• All fees are due in advance and non-refundable except as stated below
• Failed payments may result in immediate service suspension
• You are responsible for all applicable taxes, duties, and fees
• Price changes will be communicated 30 days in advance
• Overages will be billed in the following billing cycle

Refund Policy:

• 30-day money-back guarantee for first-time subscribers
• Refunds processed within 5-10 business days to original payment method
• Pro-rated refunds for annual plans cancelled within 30 days
• No refunds for partial months, overages, or add-on services
• Refunds may be denied for policy violations or abuse

Free Trial Terms:

• 14-day free trial available for new users
• Valid credit card required for trial activation
• Automatic billing begins after trial period ends
• Cancel anytime during trial to avoid charges
• Trial limitations may apply to certain features
• One trial per customer or business entity

Subscription Management:

• Upgrade or downgrade plans at any time through your account
• Changes take effect at the next billing cycle
• Cancellations must be made before the next billing date
• Service continues until the end of the paid period

Our Intellectual Property:

Smart Cart Recovery and all related intellectual property are owned by us, including:

• The Smart Cart Recovery name, logo, and trademarks
• Our proprietary software, algorithms, and technology
• All service improvements, updates, and developments
• Documentation, guides, and educational materials
• User interface designs and user experience elements

Your Rights and Licenses:

• You retain full ownership of your customer data and content
• Limited, non-exclusive license to use our service per these Terms
• Right to export your data in standard formats
• License terminates upon account closure or Terms violation

User-Generated Content:

For content you create using our service:

• You grant us license to process and display your content as necessary
• You represent that you have rights to all content you upload
• You're responsible for ensuring content doesn't infringe third-party rights
• We may remove content that violates our policies

DMCA Compliance:

We respond to valid DMCA takedown notices. To report copyright infringement, provide:

• Detailed description of the copyrighted work
• Location of the allegedly infringing material
• Your contact information and electronic signature
• Statement of good faith belief that use is unauthorized
• Statement that information is accurate and you're authorized to act

Uptime and Reliability:

• We target 99.9% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance will be announced at least 24 hours in advance
• Emergency maintenance may occur without prior notice
• Service level agreements available for enterprise customers

Service Modifications:

• We may update, modify, or discontinue features with notice
• Major changes will be communicated at least 30 days in advance
• Continued use after changes constitutes acceptance
• We'll provide migration tools for discontinued features when possible

Third-Party Dependencies:

Our service relies on third-party platforms and services:

• Whop API availability and functionality
• Email delivery through our service providers
• Discord API for messaging features
• Cloud infrastructure and hosting services

Disclaimer of Warranties:

Our service is provided "as is" and "as available" without warranties of any kind, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement
• Uninterrupted, timely, secure, or error-free operation
• Specific results, recovery rates, or revenue increases
• Accuracy, reliability, or completeness of information
• Compatibility with all systems or third-party services

Limitation of Damages:

To the maximum extent permitted by law:

• Our total liability is limited to the amount paid in the 12 months prior to the claim
• We are not liable for indirect, incidental, special, or consequential damages
• This includes lost profits, data, revenue, or business opportunities
• Limitations apply regardless of the theory of liability
• Some jurisdictions may not allow these limitations

Indemnification:

You agree to indemnify, defend, and hold us harmless from claims arising from:

• Your use or misuse of the service
• Violation of these Terms or applicable laws
• Infringement of third-party intellectual property rights
• Your content or customer communications
• Negligent or wrongful conduct

Force Majeure:

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or third-party service outages.

Governing Law:

These Terms are governed by and construed in accordance with the laws of Delaware, United States, without regard to conflict of law principles.

Informal Resolution:

Before initiating formal proceedings, we encourage you to:

• Contact our support team to discuss the issue
• Provide detailed information about your concern
• Allow us 30 days to investigate and respond
• Work with us in good faith to find a resolution

Binding Arbitration:

If informal resolution fails, disputes will be resolved through binding arbitration:

• Arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association
• Individual claims only - no class actions or representative proceedings
• Arbitration location: Wilmington, Delaware, or via video conference
• Arbitrator's decision is final and binding
• Each party bears their own costs unless otherwise awarded

Exceptions to Arbitration:

The following disputes are exempt from mandatory arbitration:

• Intellectual property disputes and trademark claims
• Small claims court matters within jurisdictional limits
• Requests for injunctive or equitable relief
• Claims of violation of our intellectual property rights

Class Action Waiver:

You agree that disputes will be resolved individually and waive the right to participate in class actions, collective actions, or representative proceedings.

Termination by You:

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds for the remaining portion of prepaid periods
• You may request data export before termination

Termination by Us:

We may suspend or terminate your account for:

• Violation of these Terms or our policies
• Non-payment of fees after notice and cure period
• Fraudulent, illegal, or abusive behavior
• Extended periods of inactivity
• Risk to our service or other users

Effect of Termination:

Upon termination:

• Your access to the service will be immediately suspended
• All active campaigns will be stopped
• Data export will be available for 30 days
• We may delete your data after the retention period
• Outstanding fees remain due and payable

Survival:

The following sections survive termination: Intellectual Property, Limitation of Liability, Dispute Resolution, and any accrued payment obligations.

Modification Process:

We may update these Terms from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top of this document
• Notify you via email at least 30 days before material changes take effect
• Post a notice on our website and in your account dashboard
• Provide a summary of key changes when significant

Your Options:

• Review changes carefully when notified
• Contact us with questions or concerns
• Cancel your account if you disagree with changes
• Continued use after changes indicates acceptance

Version History:

• Version 1.0 (January 20, 2025): Initial Terms of Service

If you have any questions about these Terms of Service or need assistance, please contact us:

Response Times:

• General Inquiries: Within 2-3 business days
• Legal Questions: Within 5 business days
• Account Issues: Within 24 hours
• Urgent Matters: Same business day when possible

These Terms of Service constitute the entire agreement between you and Smart Cart Recovery regarding your use of our service and supersede all prior agreements and understandings.