Terms of Service

Last Updated: May 15, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CartSignal ("Company," "we," "our," or "us"), governing your access to and use of the CartSignal website at cartsignal.net, platform, APIs, and all related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

CartSignal provides WhatsApp Business API solutions for e-commerce businesses, including but not limited to:

• Abandoned cart recovery through automated WhatsApp messaging
• WhatsApp Business API integration and management
• Marketing automation and campaign management via WhatsApp
• Customer engagement and two-way messaging tools
• Analytics, reporting, and performance dashboards
• Integration with third-party e-commerce platforms

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. WhatsApp Business API Usage

As a Meta Tech Provider, CartSignal facilitates access to the WhatsApp Business API. By using our Services, you agree to:

• Comply with Meta's WhatsApp Business Policy and Commerce Policy
• Obtain proper opt-in consent from end users before sending WhatsApp messages
• Use only approved message templates for business-initiated conversations
• Not send spam, misleading, or prohibited content through WhatsApp
• Respond to customer messages within the 24-hour customer service window where applicable
• Comply with all applicable local, state, national, and international laws and regulations

Violation of Meta's policies may result in suspension of your WhatsApp Business account and/or termination of your CartSignal account.

5. Acceptable Use Policy

You agree not to use the Services to:

• Send unsolicited or unauthorized messages (spam)
• Violate any applicable law, regulation, or third-party rights
• Transmit harmful, threatening, abusive, or discriminatory content
• Distribute malware, viruses, or any other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services for any illegal or unauthorized purpose
• Resell or redistribute access to the Services without our written consent

6. Fees and Payment

• Subscription Plans: Our Services are offered under various subscription plans as described on our pricing page. Fees are billed monthly or annually, depending on your selected plan
• Payment: You agree to pay all fees associated with your selected plan. Payments are processed through our secure third-party payment processor
• Message Costs: WhatsApp conversation fees set by Meta are passed through and billed separately. These fees vary by country and conversation type
• Overages: If you exceed your plan's message limits, additional messages will be billed at the overage rates specified in your plan
• Refunds: Subscription fees are non-refundable except as required by law. Unused messages do not roll over to subsequent billing periods
• Price Changes: We may modify our pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance

7. Intellectual Property

All intellectual property rights in the Services, including software, design, content, trademarks, and documentation, are owned by CartSignal or our licensors. Your use of the Services does not grant you any ownership rights.

You retain ownership of your data and content. By using the Services, you grant us a limited, non-exclusive license to use, process, and display your content solely as necessary to provide the Services.

8. Data Protection

We handle your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for:

• Ensuring you have the legal basis to share customer data with us
• Obtaining necessary consents from your end customers
• Complying with applicable data protection regulations (including GDPR and CCPA)
• Promptly notifying us of any data subject requests related to data we process on your behalf

9. Service Availability

We strive to provide 99.9% uptime for our Services. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance, third-party service disruptions (including Meta/WhatsApp outages), and force majeure events may affect availability. We will provide reasonable notice of planned maintenance whenever possible.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• CartSignal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• Our total aggregate liability shall not exceed the amount you paid to CartSignal in the twelve (12) months preceding the claim
• We are not liable for actions taken by Meta, WhatsApp, or other third-party services that affect your use of our Services

11. Indemnification

You agree to indemnify and hold harmless CartSignal, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you send through the Services
• Your failure to obtain proper consent from end users

12. Termination

• By You: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period
• By Us: We may suspend or terminate your access to the Services immediately if you violate these Terms, Meta's policies, or applicable laws
• Effect of Termination: Upon termination, your access to the Services will cease. We will retain your data for 30 days, after which it will be permanently deleted unless retention is required by law

13. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Services. Your continued use of the Services after such changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve disputes informally by contacting us at [email protected]. If a dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and CartSignal
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer these Terms without our prior written consent

17. Contact Us

If you have questions about these Terms of Service, please contact us: