Last Updated: August 3, 2021
Please carefully read these Terms as they contain important information concerning your rights and obligations. These Terms include various limitations and exclusions, defining Cartloop’s liability in certain cases, determining the jurisdiction and authorities on matters of conflict resolution, as well as the applicable legislation to Cartloop Services.
These Terms are a legal agreement between you (i) as a Client (as defined below), or (ii) as a user only navigating through our Site (“you”, “your”, or “user”) and Honest Tech S.R.L., CUI CUI 42705171, a company incorporated under the Romanian law, having its headquarters in Sanmartin, Romania, ("Cartloop", “we”, "us"). Before you use the App, you will need to agree to these Terms. We are only willing to make the App available to you if you accept all of these Terms. Otherwise, you may not access or use the App. The use of our presentation Site represents your confirmation that you understand and agree to all of these Terms.
In case you use the App and or Site on behalf of a company, you represent that you have the legal authority to accept these Terms on behalf of the respective company. In such a case, when using “you” in these Terms, we will refer to the respective company.
We reserve the right to change the Terms at any time and in our sole discretion. If we make changes to these Terms, we will make the updated version of the Terms available on the App and on the Site and update the “Last Updated” date found at the top of these Terms and we will inform you accordingly. In such a case, in order to continue to use the App, you need to agree to the newly amended Terms.
The Site is only intended to present and detail our Services. As such, all the content made available on the Site in any form is for informational purposes only.
The App is an application that can be installed by the users (online shops) of the Shopify platform, available at the URL address https://www.shopify.com (“Client”, “User”). The app is designed to help the Clients to engage with their potential customers (“End Users”) and to increase the conversion rate through 1-to-1 conversation using SMS messages.
The App aims at connection with the End Users in real-time, helping them navigate shipping questions, finding the right products and closing sales with personal attention that builds confidence and trust to the Client brand.
In order to have access to all the features available for our Clients, you need to install the App which is available in the applications store of Shopify.
Once installed the App, you have to register and create a user account on our App (“User Account”).
For creating the User Account, we need your first and last name, email address, phone number, address, location. You have to provide accurate, current and complete User Account information about yourself.
The User Account can only be accessed from your Shopify account. As such, you are responsible for keeping your Shopify user account and password secure. Cartloop cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You acknowledge and agree that you are responsible for all activities occurring under your User Account and accept all risks of any authorized or unauthorized access to your Shopify account and, consequently, to your User Account, to the maximum extent permitted by law.
When creating the User Account, you have to configure certain parameters in relation to your account in order for the App to properly function.
In case you do not set up the parameters correctly, the App cannot work properly, and we cannot provide the Services.
Additionally, you have to set up the parameters regarding the Services we provide, namely regarding the conversation with your customers, the End Users.
The Services provided through our App are 1-to-1 conversation with your potential customers, the End Users.
For clarity, when providing the Services, we are empowered by you to communicate with the End Users on your behalf and to offer them the discounts (as selected by you when setting up the App), or otherwise the promotions you set up when you configure your User Account.
You understand that the provision of our Services comprises the processing of personal data of the End Users and might also involve other legal requirements applicable in relation to the consumers (as defined by the applicable legal legislation).
As such, you acknowledge and agree that you are responsible for the communication with the End Users, under the applicable legislation, including data privacy legislation (such as, the General Data Protection Regulation no. 679/2016 - GDPR) and consumer protection legislation. Among others, you are fully responsible to obtain any necessary authorization or consent to send them text messages via their telephone number and to comply with all other data protection obligations and principles, such as lawfulness and transparency.
In order to use our App, the Clients need to pay a monthly subscription fee (“Fee”), due every month on the date when the Trial Period (as defined on the pricing page) expires.
In order to pay the Fee, the Client has to add a bank card and to fill in the bank card details or use a Shopify account to make the payments. On the due date of the Fee, the bank card registered by the Client will be automatically debited with the amount of the Fee. In case the bank card cannot be debited with the amount of the Fee, the access to our App will cease.
The payment of the Fee shall be made by using the services of a third-party provider including Shopify. You understand and agree that we do not provide the respective services and we cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses arising out of or relating to the use of the respective payment services.
When installing and creating the User Account, the Client has a trial period (“Trial Period”). During the Trial Period, the Client can benefit from all the features of the App. At the end of the Trial Period, the bank card registered by the Client or the Shopify account will be debited with the amount of the Fee.
In case the bank card or Shopify account cannot be debited with the amount of the Fee, the access to our App will cease.
We have the right to change the Fees from time to time. When we do so, the updated Fees shall apply as of the date the changes are made.
We have the right to offer discounts to the Fees from time to time. In such a case, we will inform your accordingly and the discount shall apply pursuant to the conditions set out by Cartloop.
Unless otherwise indicated by us, all elements of the App and of the Site, all content and other materials therein are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements and any other documentation or other ancillary material provided to you (the “Content”) are owned by us or by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights and applicable law.
You can use the App, the Site and the Content solely for the purpose of provided by these Terms. However, you are not permitted to:
Any use of the App, the Site or the Content other than as specifically authorized herein, without the prior written permission of Cartloop, is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated by Cartloop, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
In case you can create any user content on our App, you are solely responsible for all content you create, transmit and/or distribute through the App (“User Content”). With that in mind, you agree not to create, transmit and/or distribute through the App any User Content that:
You are solely responsible for your own conduct while accessing or using the App and the Site. You agree to use the App and the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not and will not permit any third party to do, including but not limited to, any of the following:
The Client hereby grants to Cartloop a worldwide, free of charge, non-exclusive and non-transferable right during the term when the Client uses our Services to use the name of Client and/or its logo strictly in order for Cartloop to publish the name and/or the logo on our website or App or other marketing materials and/or to promote the fact that the Client uses our Services.
When providing our Services, the Client expressly agrees that we can add our name (Cartloop) to the text messages we send to the End Users on behalf of our Client. For clarity, each text message we send to the End Users on behalf of our Clients shall contain a reference to our business name by inserting in the text the syntagm “Powered by Cartloop”.
You agree, at your sole expense, to defend, indemnify and hold us, our officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses of any kind or nature, including litigation costs, and legal fees arising out of or in any way related to (i) your use of the App and the Site; (ii) your violation of these Terms or the rights of any third-party; or (iii) your breach of applicable laws in connection with your conduct, access to or use of the App and the Site.
You expressly acknowledge and agree that your use of the App and the Site is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. The App and the Site are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim any and all warranties and representations (express or implied, written or oral) in relation to, without limitation, the App, the Site or external websites or applications, including but not limited to any implied warranties of merchantability, implied warranties of fitness or suitability for any purpose and warranties of non-infringement, condition of title, accuracy, reliability. We do not warrant and/or represent that the App and the Site will meet accuracy and your requirements, that the use of the App and the Site will be uninterrupted, secure or error-free, or that the App and the Site is free of harmful components, such as viruses.
The use of the App aims at increasing the conversion rate of your potential customers (End Users). However, Cartloop does not warrant that the conversion rate will increase or that every End User will be satisfied with the conversation we have with them. For clarity, we are not responsible if the use of the App and the provision of our Services does not increase the conversion rate or if an End User is not satisfied with our conversation.
You acknowledge and agree that to the maximum extent permitted under applicable law, in no event will Cartloop be liable to you or to any other third party for any incidental, indirect, special, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, arising out of or related to the App and the Site, regardless of the theory of liability (contract, warranty, tort, strict liability, product liability or other theory) and even if we have been advised of the possibility of such damages.
You understand and agree that we will not be liable for any failure or delayed performance of our obligations that results from any condition beyond our reasonable control, including but not limited to, acts or omissions of third parties, earthquake, fire, flood, governmental action, acts of terrorism, labor conditions, power failures, Internet disturbances or server failures.
You acknowledge that the App and the Site is Internet-based and you understand and accept the inherent security risks associated with such applications and websites, including but not limited to, the risk of losing the Internet connections, the risk of malicious software, the risk of hardware or software failure and the risk of unauthorized access by third parties to your User Account. Thus, you agree that we have no liability for any malfunctions, communication failures, delays, errors, or any breach of security you might incur.
The App and the Site may contain hyperlinks to third party websites or resources. These links to third party pages are provided for convenience only. In any event, especially because of the volatile nature of information on the Internet, Cartloop cannot control the nature or content of these external sources and therefore is not responsible and or liable for the use, the unavailability of third party website nor their content and advertising or other materials available on such third party websites that you might access via our App or the Site.
We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or feature of our App and Site.
In no event will Cartloop be liable for the removal of or disabling of access to any portion or feature of the App or the Site.
Cartloop may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Cartloop’s successors and assigns. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity.
You may cancel your account at any time, but you won't be issued refunds, unless legally required.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of these Terms is solely in our discretion and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.
By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability, choice of law and jurisdiction, unilateral termination and suspension of performance.
Last updated: October 19, 2020
Each time we are required by the applicable law or, otherwise, want to use this legal basis, we will request your free, informed, specific and unequivocal consent for the processing of your Personal Data. By expressing your consent, you agree that we can collect, use, reveal, process and transfer your Personal Data in accordance with this Policy.
We reserve the right to amend the provisions of this Policy from time to time. If we make changes to this Policy, we will make the updated version available on the Site and App and we will update the "Last updated” date. We will also inform you on the changes that have occurred, to ensure that you are aware of how we use your Personal Data. Any amendments to this Policy will apply on the date that they are made, with the exception of changes which require your prior consent, and which will apply as of the moment when you express such consent.
Any capitalized term which is not defined in this Policy will have the meaning set forth in the terms and conditions (“Terms”) applicable to the App and the Site.
This Policy applies strictly to the processing of Personal Data carried out by Cartloop as a data controller, in relation to (i) the Personal Data of the contact person from our Client and, if the case might be, (ii) the Personal Data of a user navigating our Site.
For the avoidance of doubt, this Policy does not apply to the processing of Personal Data of the End Users performed by Cartloop as a data processor. In case you are an End User, for more information on how Cartloop Clients process your Personal Data, please see their privacy policies.
The App is an application that can be installed by the users (online shops) of the Shopify platform, available at the URL address https://www.shopify.com (“Client”, “User”). The app is designed to help the Clients to engage with their customers (“End Users”) and to increase the conversion rate through 1:1 conversation using SMS messages.
As a rule, we do not process Personal Data on our Site. However, in case we process such Personal Data, this Policy shall become applicable.
In order to use our App, you need to register and create an account. In this case, we will need from you (as a contact person from our Client): first and last name, email address, phone number, address, location.
Purpose of processing
The purpose of this processing is to create the account, to provide our services through the App and to provide help in using the App.
When using our App, we will issue invoices for the payment of the Cartloop services. As a rule, the information mentioned in an invoice does not represent Personal Data. However, we might need certain Personal Data from you (as a contact person from our Client): first name and last name.
Purpose of processing
The purpose of this processing is to issue the invoices for the payment of the Cartloop services.
When a payment is made (e.g., paying the subscription for our services) or when a bank card is added in our App, we will process the bank card details. This information might contain certain Personal Data from you (as a contact person from our Client): first and last name, last 4 digits of the card number and the payment date.
Purpose of processing
The purpose of this processing is to send the bank card details to the payment processor in order to process the payment.
During the provision of our services, we will use your email address and your phone number (as a contact person from our Client) to notify you of any changes in the Terms of the Site and App and in connection with any other issues related to the performance of the contract between the Client and Cartloop.
Purpose of processing
The purpose of this processing is to carry out contractual notices in accordance with the Terms of the Site and App.
You can contact us in different ways (by support form, or by using our chat) in order to request and offer or for support in relation to the services we provide. In this case, in general, we will process the following Personal Data: first name, last name, email and any other information you voluntarily provide when you contact us.
Purpose of processing
In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem.
You can opt in to receive marketing messages via SMS, email, push notification or certain instant messaging platforms owned and operated by third-parties (currently Whatsapp).
Purpose of processing
If you opt to receive such marketing messages, we will use your email and telephone number to send you marketing messages about our activities and promotions.
You can revoke your prior consent at all times and without any costs, with altering consequences for the future.
You may refuse to provide certain Personal Data (indicated above) but, in such a case, you may not be able to benefit from certain App or Site services and features, including, but not limited to, the creation of a user account or contacting you to solve your problem and to provide support.
Your Personal Data will not be processed for taking decisions based solely on automatic processing that would result in legal effects concerning you or could similarly significantly affect you.
As a rule, we will process your Personal Data during the existence of your account in our App.
Personal Data collected based on your consent will be processed until the date of withdrawal of the consent.
In certain circumstances, we may retain your Personal Data for longer periods of time, for example if we are obliged to do so in accordance with the legal, regulatory, tax or accounting requirements.
We may also keep your Personal Data for longer periods of time so that we have accurate records of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
Your Personal Data is filed and stored on the servers of our contractual partners that are helping us to provide our services to you.
We may transfer Personal Data, as far as necessary, to the following categories of recipients:
These recipients can be located in the European Union and/or in the European Economic Area. Where recipients are located outside the European Union and the European Economic Area, including in countries not recognized as ensuring an adequate level of protection, the transfer of Personal Data shall be carried out only if there are appropriate guarantees, in accordance with applicable law. In this respect, we rely on several guarantees, such as the standard contractual clauses issued by the European Commission.
You may receive from us a list of recipients from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data. For any request to this effect, please contact us at the contact details mentioned below.
The security of your Personal Data is important to us. Your Personal Data will therefore be processed by applying reasonable technical and organizational measures to protect Personal Data, such as limiting access to Personal Data, encryption or anonymization of Personal Data, storage on secure environments. However, despite our efforts, we cannot always guarantee the effectiveness of the security measures implemented, and therefore we cannot guarantee the security of Personal Data at any time.
You have the following rights in connection with the processing of your Personal Data:
Access right: You have the right to obtain from us confirmation that your Personal Data is processed by us, as well as information on the specific processing, such as: the purposes of processing, categories of processed Personal Data, recipients of Personal Data, the period for which Personal Data is stored, if we transfer the Personal Data abroad and how we protect it, your rights, the right to lodge a complaint before the supervisory authority, the source of your Personal Data.
Right to rectification: You have the possibility to request rectification of your Personal Data, provided that the applicable legal requirements are met. In the event of errors, after notification, we will immediately correct your Personal Data.
Right to erasure: In certain cases, you have the possibility to request the deletion of Personal Data, namely when: (i) the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based according and where there is no other legal ground for the processing; (iii) you exercise the right to object to the processing; (iv) the Personal Data have been unlawfully processed. We are not obliged to comply with your request when the processing is necessary (among others) for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. There are also other circumstances in which we are not obliged to comply with this request for the deletion of Personal Data.
Restriction of processing: You may request us to restrict the processing of your Personal Data in the following circumstances: (i) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (ii) the processing is unlawful and then you oppose to the erasure of the Personal Data and request the restriction of their use instead; (iii) we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; (iv) you have objected to processing, pending the verification whether our legitimate grounds override yours. However, we can continue to process your Personal Data (i) when you consent; (ii) for the establishment, exercise or defense of legal claims or (iii) for the protection of the rights of another natural or legal person.
Right to data portability: Insofar the Personal Data is processed based on your consent or on the execution of the agreement and the processing is carried out by automated means, you have the right to have your data Personal Data provided to you in a structured format, which is currently used and can be read automatically and you have the right to request us to transfer this Personal Data to another controller. This right shall not adversely affect the rights and freedoms of others.
Right to opposition: In certain situations, such as when we process your Personal Data on the basis of a legitimate interest or for sending marketing messages, you have the right to object to the processing of your Personal Data by us. In the event of unjustified objection, Cartloop is entitled to continue processing Personal Data.
Revocation of consent: Insofar you consented to the processing of your Personal Data, you can at all times revoke your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
Right not to be subject to any automatic individual decisions: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Such right cannot be exercised when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by law which lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or (iii) is based on your explicit consent.
Right to lodge a complaint with the supervisory authority: You have the right to lodge a complaint with The National Supervisory Authority for Personal Data Processing (“DPA”) in relation to any breach of your rights regarding the processing of your Personal Data. The contact details of the DPA are: 28-30 Gheorghe Magheru Boulevard, District 1, Postal Code 010336, Bucharest, Romania;
To learn more about the manner in which you may exercise the aforementioned rights, please contact us at firstname.lastname@example.org.
Identity verification: We take utmost care of the confidentiality of all Personal Data and we reserve the right to verify your identity if you make a request in relation to your Personal Data
Fees: As a rule, you can exercise your rights free of charge. However, we reserve the right to request a reasonable fee if your claims are manifestly unfounded or excessive, in particular because of their repetitive nature.
Response Time: We make every effort to respond to your request within one month of receiving the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, in which case we will inform you of any such extension and of the reasons for the delay
If you have any questions or concerns about this Policy or its implementation, you may contact us at email@example.com.