Terms and Conditions of Use

Version Date: March 29, 2019.

Thanks for choosing “Chilliapps". Please read these Terms carefully before using our services. These Terms apply to the use and access to our services. By using our services, you agree to be legally bound by these Terms and Conditions of Use and agree to have read our Privacy Policy. If you are using our services on behalf of a company, it means that you accept these conditions on behalf of that organization. If you do not accept these Terms and Conditions of Use, then you may not use our services.

In our Privacy Policy, we explain how we collect data provided by your online store and your responsibilities when using our services.

Chilliapps (the "Platform") is a marketing automation platform offered through the URL www.chilliapps.com and all chilliapps.com subdomains (the "Website") and such other sites as may be designated by Chilliapps that provide resources and services to create, send, and manage marketing campaigns; grow email lists and other services in connection with which you can enhance the shopping cart process of your online store (the “Services”).

You may use our Services only as permitted by law, including applicable anti-spam laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms and Conditions of Use or if we are investigating suspected misconduct.

All access to and use of the Services available through the Website are subject to these Terms and Conditions of Use.


1. Access and Use of this platform and our services.

1.1 Minimum Age and Ability to Bind

The Services offered on this Platform are available only to persons or organizations that can form legally binding contracts under applicable law. Persons under the age of 18 are not allowed to use the Services offered on this Platform.

1.2 Account information.

You agree to provide true, accurate, current, and complete information about yourself and your organization, and agree to update such information if it changes.

1.3 Account access.

You are responsible to protect access to the dashboard of your online store or any platform you are using to access our Services, as well as passwords to access the dashboard of this Platform.

1.4 Use of the platform.

When you install and configure "Chilliapps" you are responsible for the validity, performance, and operation of discount codes, text, images and any content sent or shown to your contacts through this Platform.

It is not allowed to send or show spam, sexual content, images or words that incite violence, or any type of message that can annoy the person receiving your message.

"Chilliapps" is not responsible for the content that people post and share through this Platform. It is your responsibility to avoid using material that would violate the rights of the author.

In consideration of the foregoing, you are responsible for any content sent to your contacts through this Platform.

You may only use data from subscribers who have accepted receiving email campaigns from you or your business. Otherwise, email marketing automation is not allowed.

"Chilliapps" may suspend accounts or deactivate Services if we determine that you are sending spam.

1.5 Requirements and Data providing.

Our Platform requires the data provided by you or the third party platform where you have installed our Service in order to perform the tasks that you configure.

There are some external service providers that modify the functions of your online store without complying with the regulations established by the platform where you built your online store.

You are responsible to use and install only Apps or external services in compliance with the regulations established by the platform where you built your online store without modifying the data collection or provision of data to our platform.

Therefore, "Chilliapps" is not responsible for malfunctions caused by alterations to the original operation of the platform on which you have built your online store.

By using this Platform you grant us permission to access and store your files to perform tasks that you configure, like receiving notifications via email at the email address associated with your account and sending emails on behalf of your company using the sender email address that you configure.

1.6 Sender email address

When you install the "Chilliapps" email marketing automation services, you will be assigned a default sender email address to allow you to send emails through our Platform. This email address should be considered temporary and has sending limit restrictions.

If you want to use your own sender email address, Domain verification is required to confirm ownership of the domain you want to use to send emails through this Platform. Public domains or free accounts are not allowed.

You must comply with the Domain Authentication process in order to send emails using your business email address or increase the limit of emails included in your plan. This will provide the security mechanism Sender Policy Framework (SPF) and DomainKeys Identified Mail (DKIM). For any doubts related to your DNS configuration, you need to contact the support team of your DNS provider.

1.7 Notices and Notifications.

We will send notifications related to the use of our Service to the email address you have provided to us. It's your responsibility to provide true, accurate, current, and complete information.

Any notice from you will only become effective through the email address support@chilliapps.com and communication channels provided on the Website.

Packages may be delivered to us to our postal address: 5256 S. Mission Road, Suite 703-5034, Bonsall, CA 92003.

1.8 Cookies

ChilliApps can store information on the user's computer. This information will be in the form of a cookie or similar file.

Cookies are data that do not contain any personal information and are sent to the server through the hard disk of the user. The function of cookies is to identify users in a faster way for every connection, and facilitate the participation on the accessed web site.

It is your responsibility to include Terms of Service and Privacy Policies related to the use of cookies from this Platform.

3. About Software in our Services.

3.1 Anti-spam laws.

Some features of the Service works automatically in accordance with the strategies and conditions that you configure before you enable them. It is your responsibility to validate and test your configurations before enabling any feature of this Platform.

Therefore, we are not responsible for the strategies that you configure through this Platform.

4. Liability for our Services.

4.1 Payment agreement.

Chilliapps will not be responsible for lost profits, revenues, data, or any financial losses derived from the strategy that you decide to configure through our Platform.

5. Your responsibilities.

5.1 Anti-spam laws.

By using this platform, you agree that you are the sole or designated "sender" responsible for any email message sent by you using this platform. You are responsible to comply with the anti-spam laws of the countries your recipients live in. Therefore, you must comply with the US CAN-SPAM Act and any rules or regulations adopted in the CAN-SPAM Act when sending email messages for US citizens. Similarly, for messages sent to Canadian email accounts, you are the sole person sending or causing or permitting the message to be sent by you using this platform. Therefore, you must comply with the Anti-Spam Legislation from Canada. In the same way, for messages sent to email accounts of EU citizens, you agree that you are the sole or designated "sender" responsible for any email message sent by you using this platform.
Correspondingly, you must comply with the EU General Data Protection Regulation (GDPR).

If you break the rules, you could be required for penalties for each recipient that receives an email in accordance with the anti-spam laws of the countries your recipients live in.

5.2 Update of your Terms of service.

It is your responsibility to include Terms of Service and Privacy Policies related to the use of this Platform.

6. Payment.

6.1 Payment agreement.

When installing "Chilliapps" services from the App Store of third parties, a subscription will be required. Therefore, you will be subject to fees in accordance with any applicable Fee Schedule of the third party platform. Consequently, subscriptions are added to the monthly charge of the third party platform where you have installed our Services and are regulated by their policies. By using our Services, you are accepting compliance with the monthly charges. If the monthly charge is not accepted, our service will be discontinued.

6.2 Monthly service charge.

Through the Platform, you have access to a variety of Services for which monthly subscriptions are required.

By installing the Abandonment Protector App, you agree to a monthly fee of $8 USD for the Service that includes sending up to 3,000 emails per month. After 3,000 emails, $1.50 USD per each 1,000 additional emails. Once the limit of emails included in the plan is reached, the sending of additional emails will be stopped until the first day of the next month in accordance with world time.

By installing Upsellkit App, you agree to a monthly fee of $8 USD for the Service that includes up to 2,000 views per month. After 2,000 views, $1.50 USD per each 500 additional views. Once the limit of views included in the plan is reached, the feature will be stopped until the first day of the next month in accordance with world time.

6.3 Increasing or decreasing your monthly plan.

It is your responsibility to create a plan with a monthly fee, limits, and services in accordance with your needs.

If you have any questions about your monthly plan, you can send a message to support@chilliapps.com

6.4 Free trial period.

The free trial period is 30 days starting from the time of the first installation. If you uninstall the app, the trial period will be canceled and it will not be granted again.

6.5 Cancellation of the Service.

You are free to uninstall "Chilliapps" at any time by removing our Apps from the third party platform.

When installing "Chilliapps" services from the App Store of third parties, we have no control over the automated billing system of the third party platform. The third party platform handles billing and subscription periods. Please refer to the third party platform support service regarding any doubts.

This Agreement may be terminated by "Chilliapps", at any time, at "Chilliapps" sole discretion, for a cause described on written notice.

If you breach or "Chilliapps" suspects breaching of this Agreement, "Chilliapps", at its sole discretion, without notice to you may terminate this Agreement and/or cancel the service.

By canceling your account we will remove all your email lists. We will keep a record of the messages sent by you through our Platform for legal matters.

If you have any questions about our Terms and Conditions of Use, you can send a message to support@chilliapps.com

If you do not agree with these Terms and Conditions of Use, you should stop using this Platform and the Services and contact us to cancel your account.