Terms And Conditions

 

 

 

Thanks for using Cartero

 

Please read these Standard Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Tahaluf Al Emarat Technical Solutions – Cartero (collectively, “Cartero,” “we,” or “us”). Cartero is part of Tahaluf Al Emarat Technical Solutions products.

  • Definitions

The online marketing platform (Referred to as: “Cartero”) that is presented through the website (Referred to as: “Website”): https://demo.cartero.ai/ offers the following services:

  • Marketing Campaigns (Referred to as: “Campaigns”) including email marketing, social media marketing, SMS and more.
  • Transactional Notifications (Referred to as: “Notification”) including web push notification, mobile push notifications, SMS notifications, email notifications and more.

These two basic services and any other supporting services and features that we provide within Cartero will be referred to as: “Services”.

The staff that is working on Cartero will be referred to as: “Our team”, the beneficiaries of our services will be referred to as: “User/ Users” and the contacts that will be contacted by Customers through our services will be referred to as: “Contacts”.

These Terms define the terms and conditions under which you are allowed to use the Services which describe how we will treat your account and the data we collect and process about you, your end users, and your contacts and customers while you’re a User of Cartero. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Cartero uses One Pass to provide authentication, Fire Base website to provide push notification for both android and IOS mobile devices and HCM for Hawai devices and, Monitara to provide logging and monitoring services and so we are contractually obligated to make our Users aware of certain terms related to the use of such features. Therefore, Users acknowledge and agree that by signing up for an account and using the Service, you are also bound by the One Pass, Fire Base, HCM and Monitara terms and conditions.

If you have any questions about our Terms, feel free to contact us at

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·      Account

  1. Eligibility

In order to use the Service, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the account registration process;
  3. agree to these Terms
  4. provide true, complete, and up-to-date contact and billing information

By using the Service, you represent and guarantee that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Cartero may refuse service, close accounts of any Users, and change eligibility requirements at any time.

  1. Term

When you sign up for an account and agree to these Terms, the Agreement between you and Cartero is formed, and the term of the Agreement will begin. The Term will continue for as long as you have a Cartero account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and guarantee that you have the authority to accept these Terms on its behalf.

  1. Closing Your Account

You or Cartero may terminate the Agreement at any time and for any reason. You may do so by terminating your Cartero account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

  1. Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

  1. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Cartero is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

  1. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on several factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Cartero.\

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

  • Rights

 

  1. Feedback and Proprietary Rights

We own all proprietary rights of the Services and in Cartero Website, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights.

You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to Cartero while using the Service or which Cartero otherwise retrieves or accesses at your direction or with your permission (Referred to as: “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.

You may provide or we may ask you to provide suggestions, comments, input or other feedback regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

  1. Privacy

For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum.

  1. Right to Review Content, Campaigns and Sites

We may view, copy, and internally distribute Content from your Campaigns, your Sites, your Third-Party Integrations and your account to create algorithms and programs (Referred to as: “Tools”) that help us spot problem accounts and improve the Service, among other uses permitted by these Terms. For instance, we use these Tools to find Users who violate these Terms or applicable laws and to study data internally to make the Service smarter and create better experiences for Users and their contacts. We may aggregate and anonymize data, including data from the Content of your Campaigns, Sites, and Third-Party Integrations to create statistical information. We own all such aggregated and anonymized data and may use it, including, but not limited to, operating, analyzing, improving, or marketing our products and services and sharing such data externally for research, marketing, or other lawful purposes.

·      Rules and abuse

  1. General Rules

By agreeing to these Terms, you promise to follow these rules:

  • You won’t send spam!
  • You won’t use purchased, rented, or third-party lists of email addresses.

Cartero doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site, or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  • The Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

Cartero also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam, you think it came from a Cartero User, please report it immediately. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via the contact information provided on our Website.

  1. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use considering your obligations under any regulations or other applicable laws. If you’re subject to any regulations and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts that prohibited any applicable laws.

If you collect any personal information pertaining to a minor and store such information within your Cartero account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the country in which the minor lives.

You agree, represent, and warrant to Cartero that:

  1. You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that: (a) satisfies the requirements of applicable Data Protection Laws, (b) describes your use of the Service, and (c) includes a link to our Privacy Policy.
  2. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Cartero and to enable such data to be lawfully collected, processed, and shared by Cartero for the purposes of providing the Service or as otherwise directed by you.
  3. You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
  4. You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable Cartero to deploy cookies and similar tracking technologies lawfully on and collect data from the devices of contacts and end users.

·      Liability

  1. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Cartero Website; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of Cartero and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Terms will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

  1. No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Users use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

  1. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

  1. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

  1. Subpoena Fees

If we must provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

  1. Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, agencies, linked websites, or other Users, including third-party applications, products, or services for use in connection with the Service (Referred to as: “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

 

·      Other Terms

  1. Assignments

You may not assign any of your rights under these Terms to anyone else. We may assign any of our rights and obligations hereunder to any other individual or entity at our discretion.

  1. Force Majeure

We won’t be held liable for any delays or failure in the performance of any part of the Service, for any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Survivability

Even if the Agreement is terminated, the following sections will continue to apply Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability, and Entire Agreement.

  1. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

  1. Waiver

If we don’t immediately act on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still act at some point.

  1. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  1. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information about you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Cartero for such an incident.

  1. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to us.