Terms of Service

Last Updated: 2025-11-07

Acceptance of Terms

Effective Date: 2025-11-07

Welcome to TryQwerty. By accessing or using our marketing automation platform, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our services.

Age Requirement: You must be at least 18 years old or represent a business entity with authority to bind that entity to these Terms. Our services are intended for business use only.

Description of Service

TryQwerty provides a marketing automation platform that enables businesses to:

  • Create and manage email marketing campaigns
  • Send SMS and MMS messages to customers
  • Deliver WhatsApp Business messages via approved templates
  • Build automated marketing sequences and workflows
  • Integrate with Shopify for customer data synchronization
  • Track campaign performance and customer engagement

Our platform connects with third-party services (Shopify, Meta, Twilio, SendGrid) to deliver these features.

Account Registration

To use TryQwerty, you must create an account and provide accurate information:

Eligibility

  • Business Use Only: Our services are designed for business-to-consumer (B2C) marketing, not personal use
  • Legal Authority: You represent that you have the authority to bind your business to these Terms

Account Responsibilities

  • Accurate Information: Provide truthful and current contact details, business name, and billing information
  • Account Security: Keep your password confidential and notify us immediately of unauthorized access
  • Liability: You are responsible for all activity under your account

Acceptable Use Policy

You agree not to use TryQwerty for any prohibited activities:

Prohibited Activities

  • Spam or Unsolicited Messages: Sending emails or SMS to recipients who have not opted in or consented
  • Illegal Content: Copyright infringement, illegal products or services, fraudulent offers
  • Malware and Phishing: Distributing viruses, malware, or phishing links
  • Harassment and Hate Speech: Sending abusive, discriminatory, or threatening content
  • Deceptive Practices: Misleading subject lines, false sender information, or hidden unsubscribe links

Required Compliance

You must comply with all applicable laws and regulations, including:

  • CAN-SPAM Act (USA): Include unsubscribe links, accurate sender information, and honor opt-out requests within 10 business days
  • GDPR (EU): Obtain explicit consent before sending marketing messages, provide data access/deletion rights
  • TCPA (USA): Obtain prior express written consent before sending SMS/phone marketing messages
  • CCPA (California): Respect consumer privacy rights, including opt-out of data sales

Enforcement: We reserve the right to suspend or terminate accounts that violate this policy. Repeat violations may result in permanent account closure.

Fees and Payment

TryQwerty offers both free and paid plans. Pricing is subject to change with 30 days’ notice.

Current Billing Model

  • Shopify Billing Integration: If you access TryQwerty via Shopify, billing is processed through Shopify’s platform
  • Direct Billing (Future): Stripe integration for non-Shopify customers (coming soon)

Refund Policy

  • Monthly Plans: No refunds for partial months
  • Annual Plans: Pro-rated refunds available if you cancel within the first 30 days

Late Payments

Failure to pay may result in:

  • Service suspension after 7 days past due
  • Account termination after 30 days past due
  • Interest charges of 1.5% per month on overdue balances

Data Ownership

Ownership of data is clearly defined:

  • Your Data: You own all customer data, email content, and campaign materials you upload to our platform
  • Our Software: We own the TryQwerty platform, code, algorithms, and infrastructure
  • License Grant: You grant us a non-exclusive, worldwide license to process your data solely to provide our services

Upon termination, you can export your data within 30 days. After 30 days, data may be permanently deleted.

Intellectual Property

All intellectual property rights are protected:

  • Our Trademarks: “TryQwerty” and our logo are trademarks owned by us. You may not use them without written permission.
  • User Content License: You grant us a non-exclusive license to display and process your content (email templates, messages) to operate the platform
  • Third-Party Integrations: Use of Shopify, Meta, Twilio, SendGrid, and other integrations is subject to their respective terms of service

Service Availability

We strive to provide reliable service but cannot guarantee 100% uptime:

  • Uptime Target: 99% uptime (excluding scheduled maintenance)
  • Maintenance Windows: Announced at least 24 hours in advance when possible
  • No Guarantee: We do not guarantee uninterrupted or error-free service
  • Third-Party Outages: Service may be affected by outages at Shopify, Twilio, SendGrid, or other providers

Termination

Either party may terminate this agreement:

By You

  • Cancel anytime through your account settings (self-service)
  • No termination fees for monthly plans
  • Annual plans: Pro-rated refunds within first 30 days only

By Us

  • For Cause: We may suspend or terminate your account for violations of these Terms (with prior warning when possible)
  • Without Cause: We may discontinue services with 90 days’ notice

Data Retention After Termination

  • Your data is retained for 30 days (backup period)
  • After 30 days, data is permanently deleted
  • Financial records are retained for 7 years (tax/legal requirements)

Limitation of Liability

To the maximum extent permitted by law:

  • No Indirect Damages: We are not liable for lost profits, data loss, business interruption, or consequential damages
  • Liability Cap: Our total liability is limited to the fees you paid in the last 12 months
  • Exception: This limitation does not apply to willful misconduct or gross negligence

Some jurisdictions do not allow these limitations, so they may not apply to you.

Indemnification

You agree to indemnify and hold harmless TryQwerty and its affiliates from any claims, damages, or expenses (including legal fees) arising from:

  • Your use of the platform
  • Your violation of these Terms
  • Your violation of third-party rights (intellectual property, privacy, etc.)
  • Content you send through our platform

Dispute Resolution

We prefer to resolve disputes informally. If that fails:

Arbitration

  • Binding Arbitration: Disputes will be resolved through binding arbitration under the American Arbitration Association (AAA) rules
  • Opt-Out: You may opt out of arbitration by emailing legal@tryqwerty.com within 30 days of accepting these Terms
  • No Class Actions: You agree to arbitrate disputes on an individual basis, not as a class action

Governing Law

  • Jurisdiction: These Terms are governed by the laws of the State of Delaware, USA
  • Venue: Any court proceedings will take place in Delaware courts

Changes to Terms

We may update these Terms from time to time:

  • Notice Period: 30 days advance notice for material changes
  • Email Notification: Sent to all active users’ registered email addresses
  • Acceptance: Continued use of the platform after the notice period constitutes acceptance of the new Terms
  • Right to Terminate: If you do not agree to the new Terms, you may terminate your account

Contact

For questions about these Terms, contact us:

Email: legal@tryqwerty.com
Mailing Address: TBD (required for legal notices)

Response Time: We aim to respond to legal inquiries within 5 business days.

Table of Contents