Terms of Service

Terms of Service

Welcome to Selll Cart, a voice messaging service for Shopify merchants operated by Knowz Pty Ltd ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our application and services. By using our service, you agree to be bound by these Terms.

Service Description

Selll Cart is a Shopify application that provides automated voice message services for cart abandonment recovery. Our service generates and delivers voice messages to customers who have provided their phone numbers during the checkout process.

Merchant Responsibilities

Merchants using our voice messaging service must:

• Legal Compliance: Obtain proper customer consent per applicable laws including but not limited to TCPA (USA), CAN-SPAM Act (USA), CASL (Canada), GDPR (EU), PECR (UK), and local telemarketing regulations
• Privacy Policy: Include comprehensive voice messaging disclosure in their privacy policy, clearly explaining data collection, use, and third-party processing
• Opt-Out Mechanisms: Provide customers with clear, accessible opt-out mechanisms including email unsubscribe options and phone-based opt-out during calls
• Consent Management: Implement proper consent collection mechanisms with clear language about voice messaging purposes and frequency
• Data Protection: Maintain appropriate security measures for customer phone numbers and personal data
• Regulatory Compliance: Stay current with and comply with all local telemarketing, data protection, and privacy regulations in their jurisdiction

Compliance Disclaimer

Merchants are solely responsible for legal compliance in their jurisdiction. We provide tools to help merchants comply with various regulations, but merchants must ensure their use of our service meets all applicable legal requirements.

Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You must not:

• Send voice messages without proper customer consent
• Use the service for spam, harassment, or illegal activities
• Violate any applicable telemarketing or privacy laws
• Attempt to circumvent security measures or access restrictions
• Interfere with the normal operation of the service
• Use the service in a way that could damage our reputation or business

Account and Billing

To use our service, you must have a valid Shopify store. When you install our app, an account is automatically created and linked to your Shopify store using Shopify's secure authentication system. You don't need to manage separate credentials with us. You are responsible for:

• Maintaining the security of your Shopify store access
• All activities that occur through your linked account
• Paying all fees and charges incurred through your account
• Ensuring your Shopify store information remains accurate and current
• Notifying us of any unauthorized use of your account

Service Availability

While we strive to provide reliable service, we cannot guarantee uninterrupted availability. Our service may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party service disruptions
• Force majeure events
• Technical difficulties

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Regulatory fines or penalties resulting from your non-compliance
• Damages resulting from failed voice message delivery
• Customer complaints or legal actions against you
• Data loss or corruption
• Service interruptions or downtime

Our total liability in any matter arising out of or related to these Terms shall not exceed the amounts paid by you to us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Knowz Pty Ltd, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your use of our service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your failure to obtain proper customer consent
• Any voice messages sent through our service
• Any disputes with your customers

Data Processing and Privacy

Our data processing practices are governed by our Privacy Policy. By using our service, you acknowledge that:

• Customer phone numbers and personal data may be processed by third-party voice synthesis and telephony providers
• Data may be transferred internationally for processing
• You are responsible for obtaining proper consent from your customers for data processing
• You must provide clear information to customers about third-party processing

Termination

Either party may terminate this agreement at any time. We may terminate or suspend your access immediately, without prior notice, if you breach these Terms. Upon termination:

• Your right to use the service ceases immediately
• You remain liable for all charges incurred before termination
• Provisions regarding liability, indemnification, and dispute resolution survive termination
• Your data will be handled according to our Privacy Policy

Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the app or via email. Your continued use of the service after any changes constitutes acceptance of the new Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely approximates the intent of the original provision.

Contact Information

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