Terms of Service

 

By signing up for the Winback service (“Service”) or any of the services of Winback INC. (“Winback”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Winback reserves the right to update and change the Terms of Service by posting updates and changes to the Winback website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

This is a legal agreement between you (either an individual, a company or any entity) and Winback, a service of Winback, LLC. This includes any of the services and products offered and sold via winback.chat, Shopify App Store, WordPress App Store or any other online publication offering our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Winback. By registering for or using Winback and any of its features you agree that you have read, understood and accepted the terms and conditions of this agreement. You may not use our services if you do not accept our terms as discussed in the document (“Terms of Service”).

General Conditions and Terms

  • We reserve the right to refuse service to anyone for any reason at any time.
  • Your use of the Service 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.
  • Winback does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  • Winback does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Winback does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  • You expressly understand and agree that Winback shall not 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 resulting from the use of or inability to use the service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Winback.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Winback customer, Winback employee, member, or officer will result in immediate account termination and potential harassment lawsuit.
  • We do not claim any intellectual property rights over the material you provide to the Winback service. All material you submit remains yours.
  • You agree that Winback can, at any time, review all the content submitted by you to its Service.
  • The failure of Winback to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Winback and govern your use of the Service, superseding any prior agreements between you and Winback (including, but not limited to, any prior versions of the Terms of Service).
  • Questions about the Terms of Service should be sent to help@winback.chat.

Account

  • You must be 18 years or older to use Winback
  • To access and use Winback (The App) you must create an account, provide a valid email address and phone number. Any virtual, fake, third party or landline number will not get you through our registration. Winback may cancel your account or reject your registration for any reason in our sole discretion
  • You acknowledge we will use your email and phone number for communication purposes.
  • You are responsible for all text messages sent on behalf of your account both abandoned cart recovery and manual campaigns.
  • You are responsible for keeping your Shopify user account and password secure.
  • You may not use the Winback service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America and the state of Delaware.
  • You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Winback account.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any of the Account Terms as determined in the sole discretion of Winback will result in an immediate termination of your services and potential lawsuit.

Payments

  • Payments that occur through the Shopify App Store are handled directly by the Shopify Payment Processor.

Cancellation and Termination

  • You may cancel your account at any time by uninstalling or emailing help@winback.chat
  • We reserve the right to modify or terminate the Winback service for any reason, without notice at any time.
  • We reserve the right withhold refunds/guarantees at our discretion.
  • Guarantees are only good on recurring charges (not usage, commission or campaign charges) and are only good for 1 month not the entirety of app usage.
  • Fraud: Without limiting any other remedies, Winback may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  • Prices for using Winback are subject to change upon no notice from Winback.
  • Winback reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
  • Winback shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Arbitration Clause

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.

Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third-party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the website and the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury.

You expressly agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: help@winback.chat. You must include your name and residence address, the email address you use for your Winback Account, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Arbitration Clause

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.

Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third-party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use, your use of the website and the Service, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury.

You expressly agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible.

Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out: help@winback.chat. You must include your name and residence address, the email address you use for your Winback Account, and a clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Indemnity

You agree to defend, indemnify and hold harmless Winback and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply with these Terms.

Publicity & Branding

You agree that Winback may (a) publicize your name, the fact of the Site and your use of the Service; and (b) brand the Site with a “powered by Winback” or similar legend and/or copyright notice. You agree to be featured as a Case Study or under “Trusted by Awesome Companies” for brand exposure and merchant trust.

Limitation of Liability

Except to the extent prohibited by applicable law, in no event shall Winback or Third-Party Vendor, or their affiliates, subsidiaries, or third-party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if Winback has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of Winback, its affiliates, subsidiaries, and its third-party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by You to Winback for the Service in the six (6) months immediately preceding the claim.

General

These Terms represent the complete agreement concerning the Service between You and Winback and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of the State of Delaware, excluding choice of law principles. All proceedings shall be conducted in English. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay Winback, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.