Last updated: 17 December, 2024.

Master Subscription Agreement

This Master Subscription Agreement (the “Agreement”) governs your acquisition and use of GhostMonitor Inc’s (dba. Recart) services (“Services” or “Service”), during the Subscription Period (defined below) or while testing the experience of the Service. By accepting this Agreement, either by clicking a box to indicate your acceptance or otherwise executing a document that references this Agreement, you agree to the terms of this Agreement. This Agreement shall become effective on the date of your acceptance (the “Effective Date”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services. This Agreement is effective between You and GhostMonitor Inc. dba. Recart (“Recart”) as of the date You accept this Agreement.

The parties to this Agreement hereby agree as follows:

1. ACCESS AND USE.

  1. Access Right. Subject to the terms and conditions of this Agreement, Recart grants to You during the Subscription Period a nonexclusive, non-sublicensable (except as set forth herein) and nontransferable right to access and use the Service solely for Your internal business purposes. The foregoing license includes the right for Your employees and third-party contractors and consultants to access and use the Service solely on behalf of You, provided that You shall be fully responsible for any and all liabilities arising from the activities of such employees and third-party contractors and consultants in connection with their access and use of the Service. You may not use (or authorize the use of) the Service for any other purpose or for the benefit of any other party, except as may be permitted in writing by Recart. This access right terminates at the end of the Subscription Period or earlier termination of the Service in accordance with this Agreement.
  2. Right to test the Service before the Subscription Period. Recart has enabled a tool accessible on the homepage to allow users test the end-user’s experience of the Service ("Testing Tool”). By testing the Service, You agree to abide by the terms of this Agreement and the Privacy Policy. You acknowledge that the purpose of the Testing Tool is solely to test Recart's SMS marketing services, and You agree to use it strictly for that purpose. You may not use any other person's number to test the Service unless that person authorized you to do. You agree that the content of the test message will adhere to the parameters delimited in this Agreement, and You are responsible for any violation of the law arising from the use of the Testing Tool
  3. Service Availability. Recart’s goal will be to make the Service, and the Testing Tool, available 24 hours a day, 7 days a week, except during scheduled maintenance windows. However, 24×7 availability of the Service is only a goal and Recart does not represent or guarantee that such goal will be achieved at all times. You acknowledge that Your ability to access and use the Service may also be affected by resources and factors outside the control of Recart, including Your access to the internet. Please note that in using the Testing Tool, there will be a limit of 1 SMS per SMS type, per day.‍
  4. Mode of Access. You shall not access or attempt to access the Service by any means other than the web and mobile device interfaces provided by Recart, or to attempt to circumvent or disable any access or use restrictions put in place by Recart. You shall maintain a list of all third-party contractors and consultants authorized to access the Service on behalf of You and will make such list available to Recart upon request.‍
  5. Other Restrictions. You shall use the Service and the Testing Tool only for purposes and in a manner that are permitted by applicable laws, rules and regulations. You shall not (and shall not attempt to) decompile, reverse engineer or otherwise derive or discover the source code of the software underlying the Service or the Testing Tool, or use the Service or Testing Tool in a service bureau or other resale capacity.‍
  6. Account Information. You shall provide Recart with complete and accurate account, billing and payment information and keep such information up to date during the Subscription Period.‍
  7. Passwords and Account Security. You are responsible for maintaining the security and confidentiality of all passwords associated with Your account, and for all activities that occur under Your account. If You become aware of any unauthorized or illegal use of any such password or account, You shall immediately notify Recart.

2. SUBSCRIPTION AND PRICING.

  1. Subscription Period. The Service will be made available on commencing on the Effective Date until You cancel the Subscription or your Agreement is terminated under the regulations defined within the Agreement (the “Subscription Period”) or your Order Form subject to Your payment of the any Fees.
  2. Payment. To use the Service, you must provide valid credit card information to Recart. Recart will utilize a third-party payment processor to securely store your payment details and process charges for your use of the Service. Your account will be assigned a credit limit, which Recart may determine at its sole discretion ("Credit Limit"). Monthly charges will include the cost of Monthly Messaging Credits, any Additional Services ordered, and an Overage Fee if your usage exceeds your Credit Limit. The monthly recurring charge constitutes a committed amount that will be billed each month. If your usage surpasses the committed monthly messaging credits during any billing period, the excess usage ("Overage") will be charged at the applicable overage rate specified in the Order Form or on Recart’s pricing page. Failure to make timely payments will result in suspension of your access to the Service until all outstanding balances are fully settled. Once payment is received in full, Recart will promptly reinstate access to the Service.