Terms of Service

1. Introduction

1.1 Purpose of the Document

These Terms of Service (“Terms”) govern your access to and use of our services, including our website, user dashboard, widget, and any other software or services offered by Add To Cart AI in connection with any of the foregoing (“Services”). Please read these Terms carefully before using our Services.

1.2 Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Services.

2. User Account

2.1 Registration Requirements

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security Responsibilities

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.3 Account Termination

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

3. Activation Keys and Store Management

3.1 Definition and Purpose of Activation Keys

“Activation Keys” shall mean unique alphanumeric identifiers issued by Add To Cart AI that grant access to specific features of the Services. Each Activation Key is associated with a distinct store and corresponding subscription level.

3.2 Multiple Store Management

The User Account may be associated with one or more stores. Each store requires a separate and unique Activation Key to access and utilize the Services provided by Add To Cart AI.

3.3 Subscription Representation

Each Activation Key represents a distinct subscription to the Services. The features, limitations, and terms of each subscription are determined by the specific conditions associated with the Activation Key at the time of its issuance or subsequent renewal.

The User may, at their sole discretion, share Activation Keys with third parties, including but not limited to agencies or other entities managing multiple stores on the User’s behalf. Notwithstanding such sharing, the User shall remain fully responsible and liable for all activities occurring under their Activation Keys. Add To Cart AI strongly recommends that Users exercise due caution when sharing Activation Keys and limit such sharing to trusted parties.

4. Services Description

4.1 Scope of Services

Add To Cart AI provides a suite of digital services (“Services”) which may include, but are not limited to, a user dashboard, widget functionality, and other software solutions designed to enhance e-commerce operations. The specific features and functionalities of the Services may be subject to change at the sole discretion of Add To Cart AI.

4.2 User Dashboard

Add To Cart AI shall provide Users with access to a proprietary dashboard interface (“Dashboard”). The Dashboard serves as a central hub for Users to manage their account, access analytics, and utilize various features of the Services.

As part of the Services, Add To Cart AI may offer widget functionality (“Widget”) designed to integrate with Users’ e-commerce platforms. The Widget’s capabilities, compatibility, and availability are subject to the terms of the User’s subscription and may be modified or updated by Add To Cart AI from time to time.

4.4 Service Limitations

Add To Cart AI reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice to the User. Add To Cart AI shall not be liable to User or any third party for any modification, suspension, or discontinuation of the Services.

5. Content

5.1 User-Generated Content

“User-Generated Content” shall mean any data, text, images, or other material that Users submit, upload, or otherwise make available through the Services. Users are solely responsible for the User-Generated Content they share.

5.2 License Grant

By submitting, uploading, or otherwise making available any User-Generated Content, Users grant Add To Cart AI a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User-Generated Content in connection with the provision and promotion of the Services.

5.3 Content Restrictions

Users agree not to submit, upload, or otherwise make available any User-Generated Content that: (a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; (b) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (c) Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

5.4 Content Monitoring

Add To Cart AI reserves the right, but does not assume the obligation, to monitor or review User-Generated Content. Add To Cart AI may remove or modify any User-Generated Content that, in its sole discretion, violates these Terms or may harm the reputation of Add To Cart AI or its Services.

6. E-commerce Terms

6.1 Integration with E-commerce Platforms

The Services provided by Add To Cart AI are designed to integrate with various e-commerce platforms. Users are responsible for ensuring that their use of the Services complies with the terms and conditions of their chosen e-commerce platform.

6.2 Payment Processing

Add To Cart AI does not process payments for goods or services sold through Users’ e-commerce stores. Users are solely responsible for all aspects of payment processing, including but not limited to, selecting payment processors, ensuring secure transactions, and complying with all applicable laws and regulations regarding e-commerce transactions.

6.3 Refund Policy

The refund policy for goods or services sold through Users’ e-commerce stores shall be determined and administered solely by the Users. Add To Cart AI is not responsible for, and shall not be involved in, the refund process for transactions occurring on Users’ e-commerce platforms.

6.4 Compliance with E-commerce Laws

Users shall comply with all applicable laws, regulations, and industry standards related to e-commerce, including but not limited to consumer protection laws, data privacy regulations, and tax obligations. Add To Cart AI does not assume any responsibility for Users’ compliance with such laws and regulations.

9. Prohibited Activities

9.1 General Prohibitions

Users agree not to engage in any of the following prohibited activities in connection with the Services:

(a) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Add To Cart AI servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (b) Transmitting spam, chain letters, or other unsolicited email; (c) Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; (d) Taking any action that imposes, or may impose at Add To Cart AI’s sole discretion, an unreasonable or disproportionately large load on Add To Cart AI’s infrastructure; (e) Uploading invalid data, viruses, worms, or other software agents through the Services; (f) Collecting or harvesting any personally identifiable information, including account names, from the Services; (g) Using the Services for any commercial solicitation purposes without the express written permission of Add To Cart AI; (h) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (i) Interfering with the proper working of the Services; (j) Accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (k) Bypassing the measures Add To Cart AI may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

9.2 Permitted Marketing Activities

Add To Cart AI encourages Users to share their experiences with the Services. Users are permitted and encouraged to: (a) Share screenshots, descriptions, or reviews of the Services on social media, blogs, or other platforms; (b) Create tutorials, guides, or other educational content about using the Services; (c) Recommend the Services to others, including through affiliate or referral programs if offered by Add To Cart AI.

Any such activities should comply with applicable laws and regulations, including proper disclosure of any material connection to Add To Cart AI.

9.3 Enforcement

Add To Cart AI reserves the right, but does not assume the obligation, to investigate any potential violation of these prohibitions and to take appropriate remedial action, including but not limited to immediately suspending or terminating the access of any User found to be engaging in such activities.

9.4 Legal Compliance

Users agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding their use of the Services and their conduct in connection with the Services.

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADDTOCART AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDTOCART AI MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET USER’S REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER’S EXPECTATIONS.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADDTOCART AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF ADDTOCART AI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ADDTOCART AI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY USER TO ADDTOCART AI FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE USER FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

11.1 Indemnification by User

User agrees to indemnify, defend and hold harmless Add To Cart AI, its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Services, User’s violation of these Terms or any third party’s rights, including without limitation, infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of User’s use of the Services.

11.2 Notification of Claims

Add To Cart AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with Add To Cart AI in asserting any available defenses.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Mandatory Arbitration

Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of arbitration will be Wilmington, Delaware. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, Add To Cart AI may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

13. Modifications to Terms

13.1 Right to Modify

Add To Cart AI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13.2 Continued Use

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Termination

14.1 Termination by Add To Cart AI

Add To Cart AI may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Services.

14.2 Effect of Termination

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.3 No Refunds

Add To Cart AI is not obligated to provide any refunds in the event of termination, whether initiated by Add To Cart AI or the User.

15. Contact Information

15.1 Contact Details

If you have any questions about these Terms, please contact us at:

Add To Cart AI Email: [email protected]

15.2 Notices

All notices to Add To Cart AI must be in writing and addressed to the contact details provided above. Notices will be deemed given: (i) when delivered personally; (ii) when delivered by commercial overnight courier with written verification of receipt; or (iii) when sent by confirmed email if sent during the addressee’s normal business hours, and if not, then on the next business day.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Add To Cart AI regarding the use of the Services, superseding any prior agreements between you and Add To Cart AI relating to your use of the Services.

16.2 Waiver and Severability

The failure of Add To Cart AI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

16.3 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Add To Cart AI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16.4 Force Majeure

Add To Cart AI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.