TERMS OF SERVICE

These Terms of Service ("Terms") govern your use of the hosted heycart service (the "Service"). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms.

We may update these Terms from time to time. If we make material changes, we will provide notice by email or via the Service. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

1. AGREEMENT

These Terms form a binding agreement between you and Digital Stratagems Limited.

Company: Digital Stratagems Limited

UK Company number: 14268586

Address: 153-155 London Road, Hemel Hempstead, Hertfordshire, HP3 9SQ

Contact (sales): hello@heycart.ai

Contact (legal): legal@heycart.ai

2. ACCOUNTS

2.1. You must provide accurate information when registering.

2.2. You are responsible for maintaining the confidentiality of your login credentials.

2.3. You are responsible for all activity occurring under your account.

3. USE OF SERVICE

3.1. You may use the Service for lawful business purposes only.

3.2. You must comply with our Acceptable Use Policy.

3.3. You may not resell, sublicense, or provide the Service to third parties as a hosted service without a valid commercial licence from Digital Stratagems Limited.

4. DATA PROTECTION

4.1. We process personal data in accordance with our Privacy Notice and, where applicable, our Data Processing Agreement (DPA).

4.2. You are responsible for ensuring you have a lawful basis for supplying personal data to us for processing.

5. FEES & PAYMENT

5.1. Fees are set out in your subscription plan or Order Form.

5.2. All fees are exclusive of VAT and other applicable taxes.

5.3. Invoices are payable within 30 days unless otherwise agreed.

5.4. We may suspend or terminate the Service if fees are overdue.

6. REFUNDS

6.1. All fees and charges are non-refundable, including for partial use, plan downgrades, or unused periods of service.

6.2. We may, at our sole discretion, issue a refund or credit in exceptional circumstances, such as a proven billing error or where required by applicable law.

6.3. Any refunds granted will be made to the original payment method used for the purchase.

7. SERVICE LEVELS

7.1. We will provide the Service in line with the principles set out in our Service Level Statement (SLA), which describes our typical support and maintenance practices but does not create a contractual commitment.

7.2. The SLA forms part of these Terms by reference.

8. INTELLECTUAL PROPERTY

8.1. All intellectual property rights in the Service remain the property of Digital Stratagems Limited.

8.2. You are granted a limited, non-exclusive, non-transferable licence to access and use the Service in accordance with these Terms.

8.3. You grant us a perpetual, worldwide, royalty-free licence to use, modify, and incorporate into the Service any feedback, suggestions, or ideas you provide to us.

9. SUSPENSION AND TERMINATION

9.1. We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • (a) you breach these Terms or the Acceptable Use Policy;
  • (b) your use of the Service creates a security, legal, or operational risk; or
  • (c) we are required to do so by law or regulatory authority.

9.2. Either party may also terminate these Terms for material breach if not cured within 30 days of written notice.

9.3. Upon termination, we will make your data available for export for 30 days before deletion, unless we terminate for a serious breach in which case we may delete data immediately where required to protect the Service.

9.4. Your obligation to pay outstanding fees survives termination.

10. WARRANTIES & DISCLAIMERS

10.1. The Service is provided on an "as is" and "as available" basis.

10.2. We do not warrant that the Service will be error-free or uninterrupted.

10.3. Nothing in these Terms excludes liability where prohibited by law (including fraud, death, or personal injury).

11. LIABILITY

11.1. Our total aggregate liability for each claim or series of related claims is limited to the total fees paid by you for the Service in the 12 months preceding the event giving rise to the claim.

11.2. We are not liable for indirect, consequential, or special damages, including lost profits or business interruption.

12. CUSTOMER REFERENCES

12.1. If you use the Service under a free licence, you grant Digital Stratagems Limited the right to use your organisation's name and brand as a reference customer in our marketing materials, including on our website and in sales presentations. This may include displaying your logo or referring to your organisation in case studies, presentations, or online listings.

12.2. For paid licence plans, we will seek your prior consent before using your name or brand in this way.

13. GOVERNING LAW

13.1. These Terms are governed by the laws of England and Wales.

13.2. The courts of England and Wales have exclusive jurisdiction to resolve disputes.