Terms of Service.
By signing up for the SaveMySales service (“Service”) or any of the services of SaveMySales, Inc. (“SaveMySales”) 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. You can review the most current version of the Terms of Service at any time at here. SaveMySales reserves the right to update and change the Terms of Service by posting updates and changes to the SaveMySales website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You may not use the SaveMySales service for any illegal or unauthorized purpose (including without limitation those listed on our Code of Conduct found at savemysales.co/conduct 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 understand that you are responsible for obtaining express written consent from the owner of the mobile phone numbers to use that number to send text messages to (unless you have another legal right to use that number for texting without express consent). You warrant to us that you have the right to transmit messages to that mobile number and that our delivery of those messages will not violate applicable laws, regulations or mobile messaging industry guidelines, and you agree to defend and indemnify us from any claim to the contrary.
You are responsible for keeping your Shopify user account and password secure. SaveMySales cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded, stored or transmit under your SaveMySales account. You warrant to us that you have the right to upload, store and transmit these items, and you agree to defend and indemnify us from any claim to the contrary.
You are and not SaveMySales are responsible for the content of the communications with your customers, and your relationship with those customers. You will ensure that we are not responsible for claims made by recipients of your communications against us, and you agree to defend and indemnify us from any such claim.
A breach or violation of any of the Account Terms as determined in the sole discretion of SaveMySales will result in an immediate termination of your services.
When you use the services to send SMS message campaigns, you must do so with reference to a set of program terms consistent with the TCPA (Telephone Consumer Protection Act) and mobile messaging industry guidelines. An example of these program terms can be found at savemysales.co/exampleguidelines.
Cancellation and Termination
Modifications to the Service and Prices and these Terms
Publicity and Branding
You agree that SaveMySales 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 SaveMySales" or similar legend and/or copyright notice.
You agree to defend, indemnify and hold harmless SaveMySales 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.
Limitation of Liability
Except to the extent prohibited by applicable law, in no event shall SaveMySales 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 SaveMySales has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of SaveMySales, 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 SaveMySales for the Service in the six (6) months immediately preceding the claim.
These Terms represent the complete agreement concerning the Service between You and SaveMySales 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 Commonwealth of Massachusetts, excluding choice of law principles. All proceedings shall be conducted in English. You agree that venue for all proceedings shall be Suffolk County, Massachusetts, provided that venue shall also be proper in any court of competent jurisdiction where SaveMySales seeks (a) injunctive relief against You to enforce the Terms; and/or (b) to join You in a suit brought by a third party related to the Service or the Site. The United Nations Convention for the International Sale of Goods shall not apply. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay SaveMySales, 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.