We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the Carts Guru Site or Services after we post any such changes, you accept these Terms, as modified. By accessing one of the Carts Guru Sites or our Services, you accept these Terms and certify that you have reviewed these Terms are within or have reached the age of majority or age 18 (whichever is greater) in your jurisdiction.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY Carts Guru.
Services described on the Carts Guru are available in Europe and USA. And may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the Carts Guru Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
The Service consist of one or more of the following: targeting and automatic follow-up solution for abandoned shopping carts through phone, emails and text messages. We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to perform the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services.
Carts Guru only provides that the Services are processed correctly and further transmitted by Carts Guru to the applicable network. Carts Guru is not responsible for the final delivery of any communication initiated through Carts Guru’s Services, as this is out of our control and is the responsibility of downstream communications carriers.
Carts Guru transmits text messages, emails and voice broadcasts via other major telecommunications companies and mobile network operators, and thus Carts Guru’s influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon Carts Guru. While Carts Guru shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Carts Guru is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Carts Guru for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
You represent and warrant that the owners of the phone numbers you initiate messages to through the Carts Guru services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages or broadcasts when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or broadcasts to any individuals after they request DNC status.
You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts that you create and initiate through the Carts Guru Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Carts Guru Services by visiting the following websites:Federal Trade Commission, http://www.ftc.gov , Federal Communications Commission, http://www.fcc.gov , DoNotCall Registry Info, http://www.donotcall.gov
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules ( http://www.donotcall.gov ) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Carts Guru is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Carts Guru Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.
You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Carts Guru Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the Carts Guru Sites or Services shall not include: Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;Harvesting, or otherwise collecting information about others, without their consent;Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;Engaging in any other activity that Carts Guru believes could subject it to criminal liability or civil penalty/judgment.
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that Carts Guru is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and Carts Guru will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. Carts Guru will not be liable for any misuse of the Services by you. Carts Guru is not responsible for the views and opinions contained in any of your messages or broadcasts.
You agree that any information or materials that you or individuals acting on your behalf provide to Carts Guru (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to Carts Guru (other than information required for your use of the Services as contemplated herein), you grant to Carts Guru an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and you further agree that Carts Guru is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Carts Guru. In connection with such information and materials, you warrant and represent to Carts Guru that you have all rights, title and interests necessary to provide such content to Carts Guru, and that your provision of the content to Carts Guru shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Carts Guru may at its option provide you with one or more areas within the Carts Guru Sites for online discussions (e.g. message boards, blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Carts Guru reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Carts Guru shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
As part of the registration process you will need a username and/or password. You shall provide Carts Guru with accurate, complete, and regularly updated member profile information. You agree to notify Carts Guru of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in Carts Guru’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Any email addresses submitted for a new account for use of the Services are automatically added to the Carts Guru newsletter. To permanently unsubscribe to any Carts Guru newsletter please email
By providing your telephone number to Carts Guru, Carts Guru reserves the right to contact you via calls or text messages to provide you information about your account and/or the Carts Guru Services requested by you. To the extent you have separately agreed to receive periodic text or voice alerts on products, services, events, special offers or other promotional messages related to Carts Guru.Carts Guru may contact you pursuant to the terms of any such separate agreement.
Trademarks or service marks of Carts Guru may not be used in any manner without Carts Guru’s express prior written consent. Carts Guru respects the intellectual property rights of others, and requires that the people who use Carts Guru website do the same. If You believe that Your work has been copied and is accessible on this site in a way that constitutes copyright infringement, You may notify us by in writing in accordance with the Copyright Policy located at www.carts.guru
Except as otherwise required for your use of the Services as contemplated herein, Carts Guru does not want you to, and you should not, send any confidential or proprietary information to Carts Guru via the Carts Guru Sites or the email addresses referenced on the Carts Guru Sites.
You further recognize that Carts Guru does not want you to, and you warrant that you shall not, provide any information or materials to Carts Guru that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
When you use Carts Guru, our servers (which may be hosted by a third party service provider) collect information automatically from your Online Store.
We will act as the data controller with respect of the personal data we may have collected from you during registration or provision of support services, if any. To the extent we collect any personal data of consumer customers of your Online Store, we will act as your data processor in respect of such personal data. You may send us the following personal data only: first name, last name, email address and your customer reference number of your Online Store’s registered customer. We will collect the information sent by you and the information seen when the Online Store’s customer uses your online store and connects to our servers, including but not limited to: online store browsing and purchasing activities (such as browsed products and pages visited), IP-address and browser-agent. Sending or storing any other personal data in Carts Guru is strictly forbidden.
We may use the information collected and created through Carts Guru for our own business purposes provided, however that such information is made anonymous in a manner that the information is not identifiable to any person or to your Online Store.
We store and process the information we have collected on computers/servers located in the USA or EU/ETA or in such countries which the Commission of European Union has determined to ensure adequate protection of personal data. We will not move personal data from these countries without notifying you, unless required to comply with the law or requests of governmental entities. Should we transfer personal data to our third party service providers located in the USA we mainly transfer personal data to them based on the Data Processing Agreements which incorporate the Standard Contractual Clauses 2010/87/EU (often referred to as “Model Clauses). We have implemented technical and organisational precautions to protect the security and integrity of personal data processed by us. By using Carts Guru, you give us the consent to store, process and transfer your information (including your Online Store customers’ personal information, if any) outside of your country of residence within the countries referred to above. If you object to such information (if any) being transferred or used in this way please do not use Carts Guru.
You may request us to remove the personal data processed by us. We remove the requested personal data within reasonable time from the request unless we have statutory obligation to store such data.
Your use of the Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the Carts Guru Sites), in the amounts and using the methods indicated on the Carts Guru Sites. Your payment for the Services and selected plans which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when Carts Guru receives the full amount of payment owed for such Services.
Carts Guru will charge your indicated method of payment for the plans immediately upon your confirming the payment method and for the first month at the end of the trial period and after each 1st day of month. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site.
Trial period consist in 2500 $ of turnover made with Carts Guru for a period of 14 days from subscription. Your price is available on our website.
Carts Guru can change anytime the price for his service. You will be informed 14 days before the changement take effect. Carts Guru is without engagement, you are free to cancel anytime you want your subscription directly from the software.
As between you and Carts Guru, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.
In the event of accidental under billing in favor of a customer, a non-payment by customer under these Terms, Carts Guru shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of Carts Guru’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
Carts Guru reserves the right to modify, suspend, or discontinue the offering of any of the Carts Guru Sites or Services at any time for any reason without prior notice.
EXCEPT AS EXPRESSLY WARRANTED IN THE AGREEMENT, ALL SERVICES ARE PROVIDED "AS IS" AND LIVEPERSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIMITATION OF LIABILITY EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, IN NO EVENT SHALL LIVEPERSON OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you.
You are free to terminate or cancel your use of the Services at any time, and for any reason. Your account will be automatically ended at the end of the requested month.
You are prohibited from violating or attempting to violate the security of the Carts Guru Sites and Services and from using the Carts Guru Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Carts Guru Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Carts Guru Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Carts Guru packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Carts Guru may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the Carts Guru Sites who are involved in such violations.
Carts Guru shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of Carts Guru. In addition, Carts Guru shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
These Terms shall be governed by and construed in accordance with the laws of United Kingdom notwithstanding its laws governing conflicts of laws.
These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Carts Guru are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Carts Guru in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, Carts Guru will be entitled to recover costs and attorneys' fees if it substantially prevails.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Carts Guru may give notice to you by means of a general notice on the Carts Guru Sites or Services, electronic mail to your e-mail address on record in Carts Guru’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in Carts Guru's account information.