Terms of service

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Summary. WWCD? ("What Would Creamy Do?") sends recurring automated marketing text messages, such as drop alerts, cart reminders and offers, to people who opt in. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply HELP for help and STOP to cancel at any time. Carriers are not liable for delayed or undelivered messages. Questions: creamsodapints@gmail.com. See our Privacy Policy.

We are offering an SMS/MMS mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions. The Program uses artificial intelligence ("AI") technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

AI-Powered Messaging

Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:

(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.

(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.

(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.

(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by emailing us at creamsodapints@gmail.com.

Opting In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.

Opting Out and Help

If you do not wish to continue participating in the Program or no longer agree to this Agreement, reply STOP to any mobile text message from Us to opt out of the Program. We will also honor other reasonable opt-out replies, such as QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE or OPT OUT. You may receive an additional mobile message confirming your decision to opt out. For help, reply HELP to any message or email us at creamsodapints@gmail.com.

Message Frequency and Rates

You acknowledge that message frequency varies and that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Message and data rates may apply.

Eligibility

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions. Carriers are not liable for delayed or undelivered messages.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent's or legal guardian's permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.

Data Use for AI Personalization

To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.

Privacy

Please see our Privacy Policy for how we handle information collected through the Program.

Limitation of Liability for AI Content

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

General

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Contact

WWCD?
250 Consumers Rd, North York ON M2J 4V6, Canada
creamsodapints@gmail.com