Terms & Conditions

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company. By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements and that you have the right, authority, and capacity to enter into this Agreement.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by them.

2. Access to the Services

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide accurate, complete, and updated information. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services using your credentials. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

3. Compliance With Laws; Client Responsibility; No Legal Advice

Each account holder - including location owners, sub-account owners, franchisees, licensees, and authorized users (collectively, "Client") - is solely responsible for ensuring that all use of the Services and any communications or marketing conducted through the Services comply with all applicable laws and regulations at every level of government. The Company provides tools but does not provide legal advice. Any information provided by Shop Launch regarding legal or regulatory compliance is for general informational purposes only and should not be construed as legal advice.

4. Communications & Marketing Compliance (SMS, MMS, Voice, Email)

Without limiting Section 3, Client is solely responsible for configuring and using the Services in a manner compliant with Applicable Laws, including but not limited to: Consent & Opt-In (obtaining and retaining demonstrable consent), Opt-Out/STOP (honoring unsubscribe requests immediately), Quiet Hours / Time-of-Day Limits, Identification & Disclosures, Data Handling, and Recordkeeping. Examples of Applicable Laws include the TCPA, CAN-SPAM Act, call-recording laws, consumer-protection laws, and international regimes such as GDPR and CASL.

5. Policy for Using the Services

5.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or the Company's business. You may use the Services for business or commercial purposes.

6. Geographic Restrictions

The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws.

7. Terms and Conditions of Sale

7.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice. After providing all required information, users must carefully review the order and confirm and submit it by using the relevant button or mechanism on the Website.

7.2 Order Submission

When you submit an order, the submission determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page. Upon submission of the order, users will receive a receipt confirming that the order has been received.

7.4 Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information - such as credit card details - but only receives a notification once the payment has been successfully completed.

8. CRM Usage

All inbound and outbound CRM usage - SMS, MMS, voice, call recording - is solely the responsibility of the client. Shop Launch does not assume any liability for usage charges. Clients will be auto-rebilled based upon the threshold set by the client in the settings menu of the portal. Usage rates: $0.009 per SMS segment, $0.0102 per inbound call, $0.0156 per outbound call. Subject to monthly carrier fees based on usage and future changes.

9. Independent Platform Provider

Shop Launch provides software tools that Clients may use to facilitate communications. Shop Launch does not initiate, send, or control the content of any communications sent by Clients, and does not determine the recipients of such communications. Clients are the sole sender and data controller of all communications and data processed through the Services.

10. No Monitoring Obligation

Shop Launch has no obligation to monitor Client communications for compliance with Applicable Laws, but may do so in its discretion. Shop Launch expressly disclaims any responsibility for reviewing, auditing, or policing Client communications, opt-in records, or data practices.

11. Intellectual Property Rights

11.1 Ownership of Intellectual Property

All intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality are owned by the Company, its licensors, or other providers of such material, and are protected by U.S. and international intellectual property laws. Neither this Agreement nor your access to the Services transfers any right, title, or interest in or to such intellectual property rights.

11.2 License to Use the Services

During the term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for business or commercial use in accordance with this Agreement. This license terminates upon your cessation of use of the Services or termination of this Agreement.

11.5 Proprietary Systems and Assets

All systems, workflows, automations, configurations, phone numbers, CRM structures, integrations, tracking setups, funnels, and any other operational assets created or configured by Shop Launch remain the sole property of Shop Launch. You receive a limited license to use these assets only during your active service term. Upon termination, this license ends immediately and no Shop Launch Assets will be transferred to you under any circumstances.

12. User Content

12.1 User Generated Content

You are solely responsible for your User Content. All User Content must comply with the Content Standards below. Any User Content you post will be considered non-confidential and non-proprietary. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness, reliability, or appropriateness by others.

13. Copyright Infringement (DMCA Policy)

We respect the intellectual property of others and expect users to do the same. It is our policy to terminate users who are repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent at: [email protected]

15. Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk.

17. Termination

17.1 Termination

We may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of this Agreement. Upon termination, Shop Launch will not transfer, assign, release, or provide access to any accounts, phone numbers, CRM accounts or subaccounts, integrations, workflows, funnels, pipelines, tracking domains, system configurations, campaigns, or any other technical or operational assets used to deliver the Services.

17.2 Effect of Termination

Upon termination, your right to access and use the Services will immediately cease, and we may delete your User Content from our databases. Provisions that by their nature should survive termination shall remain in full force and effect, including ownership and intellectual property provisions, warranty disclaimers, and limitations of liability.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

19. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns from and against any and all losses, claims, actions, suits, damages, liabilities, penalties, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of this Agreement; (b) your use or misuse of the Services; and (c) your or your users' failure to comply with Applicable Laws.

21. Disputes

21.1 Governing Law

All matters relating to this Agreement are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.

21.2 Dispute Resolution; Venue; Arbitration

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in Sacramento County, California. At the Company's sole discretion, it may require any dispute to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Sacramento, California.

21.3 Waiver of Jury Trial and Class Actions

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration.

22. Limitation to Time to File Claims

Any cause of action or claim you may have arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action or claim is permanently waived and barred.

24. Contact Information

DMCA notices: see Section 13. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected] | Shop Launch, Email: [email protected]