Terms of Service
Use of the Services. The Cartmate Application, the Website, the Services, and the information and content available on the Website and in the Cartmate Application are protected by copyright laws throughout the world. Subject to the Terms, Cartmate grants you a limited license to reproduce portions of Cartmate for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Cartmate in a separate license, your right to use any Cartmate is subject to the Terms. In order to access certain features of Cartmate you need a valid Shopify. The Service is not available to individuals who are younger than 18 years old. You may not use the Site if you are not of a legal age to form a binding contract and otherwise capable of entering into these Terms. Cartmate does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to Cartmate; any information submitted by such users will not knowingly be used, posted, or retained by Cartmate. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and App are and shall forever be owned by and inure to the benefit of Cartmate.
Description of Services. Cartmate and our affiliates and agents (collectively, «Cartmate» or «us» or «we» or «our») provide and operate a website and mobile application, through which users may transform their Shopify into mobile application Cartmate («App»). We provide you with tools, including designs, templates, and layouts, to create and publish your store in Cartmate App. Once completed, we will help you manage the App throughout the term of these Terms.
Cartmate Application License. Subject to your compliance with the Terms, Cartmate grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Cartmate Application.
Updates. You understand that Cartmate is evolving. As a result, Cartmate may require you to accept updates to Cartmate that you have installed on your mobile device. You acknowledge and agree that Cartmate may update Cartmate with or without notifying you. You may need to update third-party app from time to time in order to use Cartmate.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Cartmate or any portion of Cartmate, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Cartmate (including images, text, page layout or form) of Cartmate; (c) you shall not use any metatags or other «hidden text» using Cartmate’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Cartmate except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to «scrape» or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Cartmate in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Cartmate may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Cartmate. Any future release, update or other addition to Cartmate shall be subject to the Terms. Any unauthorized use of Cartmate terminates the licenses granted by Cartmate pursuant to the Terms.
Third-Party Materials. As a part of Cartmate, you may have access to materials that are hosted by another party. You agree that it is impossible for Cartmate to monitor such materials and that you access these materials at your own risk.
Responsibility for Content. You acknowledge that all files, materials, data, text, audio, video, images or other content are the sole responsibility of the party from whom such Content originated. This means that you, and not Cartmate, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available («Make Available») through Cartmate («Your Content»), and that you and other Users of Cartmate, and not Cartmate, are similarly responsible for all Content they Make Available through Cartmate («User Content»).
No Obligation to Pre-Screen Content. You acknowledge that Cartmate has no obligation to pre-screen Content (including, but not limited to, User Content), although Cartmate reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Cartmate pre-screens, refuses or removes any Content, you acknowledge that Cartmate will do so for Cartmate’s benefit, not yours. Without limiting the foregoing, Cartmate shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage. Unless expressly agreed to by Cartmate in writing elsewhere, Cartmate has no obligation to store any of Your Content that you Make Available on Cartmate. Cartmate has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Cartmate. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Cartmate retains the right to create reasonable limits on Cartmate’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Cartmate in its sole discretion.
Cartmate services. Except with respect to Your Content and User Content, you agree that Cartmate and its suppliers own all rights, title and interest in Cartmate (including but not limited to, any apps on Apple App Store, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Cartmate app, and Cartmate software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Cartmate.
Trademarks. The tand other related graphics, logos, service marks and trade names used on or in connection with Cartmate or in connection with the Services are the trademarks of Cartmate and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Cartmate are the property of their respective owners. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Cartmate.
Your Content. Cartmate does not claim ownership of Your Content. However, when you post or publish Your Content on or in Cartmate, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant Cartmate a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Cartmate to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any «public» area of Cartmate. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Cartmate, are responsible for all of Your Content that you Make Available on or in Cartmate.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Cartmate through its suggestion, feedback, wiki, forum or similar pages («Feedback») is at your own risk and that Cartmate has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cartmate a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Cartmate.
As a condition of your use of the Cartmate, you agree not to use Cartmate for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Cartmate that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Cartmate’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Cartmate; (vi) interferes with or attempt to interfere with the proper functioning of Cartmate or uses Cartmate in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Cartmate, including but not limited to violating or attempting to violate any security features of Cartmate, using manual or automated software or other means to access, «scrape,» «crawl» or «spider» any pages contained in Cartmate, introducing viruses, worms, or similar harmful code into Cartmate, or interfering or attempting to interfere with use of Cartmate by any other user, host or network, including by means of overloading, «flooding,» «spamming,» «mail bombing,» or «crashing» Cartmate. Cartmate shall have the right, in its sole discretion, to (a) remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law and/or (b) suspend and/or terminate your Account or any App developed using the Services.
Interactions with Other Users. You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Apps, including your customers; provided, however, that Cartmate reserves the right, but has no obligation, to intercede in such disputes. You agree that Cartmate will not be responsible for any liability incurred as the result of such interactions. Content Provided by Other Users. Cartmate may contain User Content provided by other users. Cartmate is not responsible for and does not control User Content. Cartmate has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. You agree to comply with, and your license to use the Cartmate Application and any Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Cartmate, including the Cartmate Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
GENERAL PURPOSE OF TERMS: SALE OF SERVICE, NOT SOFTWARE.
Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a «Service Subscription Fee»). Except as set forth in the Terms, all fees for the Services are non-refundable.
Indemnification. You agree to indemnify and hold Cartmate, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the «Cartmate Parties») harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Cartmate; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Cartmate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cartmate in asserting any available defenses. This provision does not require you to indemnify any of the Cartmate Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Cartmate.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CARTMATE IS AT YOUR SOLE RISK, AND CARTMATE IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS, WITH ALL FAULTS. Cartmate PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS. Cartmate PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CARTMATE OR ANY APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CARTMATE OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CARTMATE OR APPS WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH CARTMATE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CARTMATE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES AND APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Cartmate MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT Cartmate PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Cartmate PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. No Liability for Conduct of Other Users or Customers. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF CARTMATE OR ANY USERS OF YOUR APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT Cartmate DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF CARTMATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CARTMATE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE «DISCLAIMING ENTITIES») 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 WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOP, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOP INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE. YOUR USE OF SHOP 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. TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOP, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOP, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOP. ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOP SERVICE WILL BE ACCURATE OR RELIABLE.
Violations. If Cartmate becomes aware of any possible violations by you of the Terms, Cartmate reserves the right to investigate such violations. If, as a result of the investigation, Cartmate believes that criminal activity has occurred, Cartmate reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Cartmate is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Cartmate, including Your Content, in Cartmate’s possession in connection with your use of Cartmate, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Cartmate, its Users or the public, and all enforcement or other government officials, as Cartmate in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Cartmate determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Cartmate, Cartmate reserves the right to: Warn you via e-mail (to any e-mail address you have provided to Cartmate) that you have violated the Terms; Delete any of Your Content provided by you or your agent(s) to Cartmate; Discontinue your registration(s) with the any of Cartmate, including any Services or any Cartmate community; Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or Pursue any other action which Cartmate deems to be appropriate.
TERM AND TERMINATION
Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Cartmate, unless terminated earlier in accordance with the Terms.
Effect of Termination. Termination of the Services includes removal of access to the Services, including any Apps developed through the Services, and barring of further use of the Service or Apps. Termination of all Services also includes deletion of your information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Cartmate will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration. If your registration(s) with or ability to access Cartmate, or any other Cartmate community is discontinued by Cartmate due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Cartmate or any Cartmate community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Cartmate to which your access has been terminated. In the event that you violate the immediately preceding sentence, Cartmate reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
International Users. Cartmate makes no representations that Cartmate is appropriate or available for use in other locations. Those who access or use Cartmate from other countries do so at their own volition and are responsible for compliance with local law.
QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions or concerns or complaints about our Terms of Service or if you want to report any suspected violations to us, please contact us at the following:
16192 Coastal Highway, Lewes,