OrderSay Terms of Service

Draft — lawyer review: not in force. A lawyer has not reviewed this text yet. Values in [brackets] are placeholders.

Last updated: [date of publication]

These terms are a contract between the store that installs OrderSay ("you", "the merchant") and CHATINBOX YAZILIM ARGE VE TEKNOLOJI LIMITED SIRKETI, with its registered office in Istanbul, Türkiye, Turkish tax number 2091959267 ("OrderSay", "we", "us"). They are shown [where the terms are shown before installation, and how acceptance is recorded], and the person who installs OrderSay accepts them on behalf of the store.

1. The service

OrderSay is a Shopify app. It connects your store's own WhatsApp Business number (through the Meta WhatsApp Cloud API) to a support inbox inside your Shopify admin. It matches incoming messages to Shopify customers and orders, shows order, shipping and return details next to the conversation, and helps you answer "where is my order?" questions from verified order data. Grouping and ranking conversations as tasks depends on AI-assisted features, which are not available yet.

We may make non-material technical and security updates. Changes that materially reduce paid core functionality or increase your obligations under these terms require your agreement, except where the law requires the change. If we cannot continue the service on the existing terms, we may end it on at least 30 days' notice and will refund prepaid fees for the unused period.

2. Your account and your number

• You need an active Shopify store and a WhatsApp Business account in your own Meta Business portfolio. Your WhatsApp Business account and number remain in your own Meta account. Uninstalling OrderSay disconnects the number from OrderSay; it does not delete or transfer the number.
• You are responsible for the staff accounts you give access to, and for what they do in the app.
• You must keep your Shopify and Meta accounts in good standing. If Shopify or Meta restricts your store, your number or your messaging limits, OrderSay may stop working for you until the restriction ends.

3. Plans, trial and billing

• Plans, prices, any usage limits and any free trial are shown in the Shopify App Store listing and on the app's plan page at the time you subscribe.
• You pay through Shopify Billing. Charges appear on your Shopify invoice; we never receive your card or bank details. Taxes are handled as Shopify Billing applies them.
• Meta's message fees are separate. Meta charges your own Meta Business account directly for the WhatsApp messages it bills: template messages, and service replies beyond Meta's monthly free allowance. Automatic answers count as messages too. Meta's current prices and allowances are on Meta's WhatsApp pricing page. We add no markup and do not collect Meta's fees.
• You can change or cancel your plan at any time from the app. Cancelling stops future charges; Shopify Billing rules apply to the current billing period.

4. Your responsibilities

You agree to:

1. Follow the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy, the Meta Business Terms and the Shopify terms that apply to you.
2. Collect and keep a valid opt-in before you send WhatsApp marketing templates. OrderSay blocks marketing templates to customers without a recorded opt-in, and every template to a customer who has opted out (STOP, BAJA or ALTO), but you remain responsible for the consent itself.
3. Give your customers the privacy information the law requires, including that you use OrderSay to handle their messages.
4. Not use OrderSay to send spam, unlawful content or content that infringes anyone's rights, and not try to break, overload or reverse-engineer the service.
5. Not use OrderSay for emergency services or for decisions that need human judgement without a human checking them.

5. Automatic answers and AI-assisted features

The only messages OrderSay sends automatically are deterministic "where is my order?" answers built from your verified order data, and only when you switch on automatic answers outside business hours. You can switch them off at any time.

AI-assisted features are not available yet. When they become available, they stay off until you turn them on. AI output can be wrong: drafts will never be sent to a customer automatically, a member of your staff reviews and sends each one, and you are responsible for the messages your staff send.

6. Data protection

For the personal data of your customers and staff that we process on your behalf, you are the controller and we are your processor. Our Data Processing Agreement (DPA, at ordersay.com/dpa/) is part of these terms and applies automatically when you install OrderSay. Our Privacy Policy (ordersay.com/privacy/) explains how we handle personal data, and our sub-processor list (ordersay.com/subprocessors/) names the providers we use.

7. Intellectual property

We own OrderSay, its software and its brand. You get a non-exclusive, non-transferable right to use OrderSay for your store while your subscription is active. You keep all rights to your store data, your messages and the content your staff create. You allow us to use that data only to provide and secure the service, as described in the DPA.

If you send us feedback, we may use it without any obligation to you.

8. Availability and support

We work to keep OrderSay available and to fix problems quickly, but we do not guarantee uninterrupted service. OrderSay depends on Shopify, Meta and our hosting providers; their outages affect us. Support is available by email at [support email] in Spanish and English, on working days, Central European Time. [Support hours to be confirmed.]

9. Suspension and termination

• You can stop using OrderSay at any time by uninstalling it. Self-service data export is not available; you can ask us for a copy of your store's data before you uninstall or within [7] days after uninstalling (Data Processing Agreement, section 10). After uninstall, your data is deleted as described in the Privacy Policy, sections 7 and 8.
• We may suspend or end your access if you seriously or repeatedly break these terms, if your use puts the service, other merchants or the WhatsApp number's quality rating at risk, or if the law requires it. Where we can, we will warn you first and give you time to fix the problem. If we end your access, you can still ask us within [30] days for a copy of your data (Data Processing Agreement, section 10).
• Sections 7, 10, 11 and 13 survive termination.

10. Disclaimers

OrderSay is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties that are not written in these terms, including fitness for a particular purpose. We do not guarantee that every message will be matched to a customer or order, that a shipping status from a carrier is correct, or that Meta will deliver every message.

11. Liability

• Nothing in these terms limits liability that the law does not allow to be limited, such as liability for fraud, wilful misconduct or gross negligence.
• Otherwise, neither party is liable for indirect or consequential losses, lost profits or lost revenue.
• Otherwise, our aggregate liability will not exceed the greater of [EUR 1,000] and the fees paid or payable under the affected subscription during the 12 months immediately before the first event giving rise to liability.
• These limits do not restrict data subjects' statutory rights, supervisory authorities' powers, or liability under the Standard Contractual Clauses that the parties cannot limit.

12. Changes to these terms

We will publish a new version on this page with a new date and, for material changes, tell you in the app or by email at least 30 days before they take effect. Changes that materially reduce paid core functionality or increase your obligations follow section 1. If you do not agree to a change, you can uninstall before it takes effect.

13. Governing law and disputes

These terms are governed by the laws of [Spain]. The courts of [Madrid, Spain] have exclusive jurisdiction over disputes arising out of or in connection with these terms, subject to any jurisdiction that cannot lawfully be excluded. This section does not change the governing-law, jurisdiction or data-subject-rights provisions of applicable Standard Contractual Clauses. [Governing law and courts: Q's decision, to be confirmed by a lawyer licensed in Spain.] OrderSay is meant for businesses. If you are a consumer, nothing in these terms takes away the protection of the law of your country.

14. Contact

CHATINBOX YAZILIM ARGE VE TEKNOLOJI LIMITED SIRKETI, Istanbul, Türkiye
Turkish tax number: 2091959267
Email: [support email]