1. Acceptance and Scope

By creating an account, accessing, or using WhatsOrder services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

1.1 Eligibility

• You must be at least 18 years of age
• You must be a business owner or authorized representative
• You must have the legal authority to bind your business to these Terms
• You must comply with all applicable laws and regulations

2. Service Description

WhatsOrder is a Software-as-a-Service (SaaS) platform that provides WhatsApp Business order management and automation tools, including:

• WhatsApp Business API Integration: Connect your WhatsApp Business Account via Embedded Signup
• Automated Order Management: Receive and process customer orders through WhatsApp
• Product Catalog Management: Automatically create and sync product catalogs with WhatsApp
• Customer Database: Manage customer contacts and conversation history
• Analytics & Reporting: Track orders, sales, and customer interactions
• Webhook Integrations: Connect with third-party systems (available on select plans)
• AI-Powered Chatbot: Automated customer responses (available on select plans)
• Multi-Language Support: 30+ languages for global operations

3. Account Registration and Security

3.1 Account Creation

To use WhatsOrder, you must:

• Provide accurate, current, and complete information during registration
• Have a valid WhatsApp Business Account
• Complete the Facebook Embedded Signup process
• Grant necessary permissions (whatsapp_business_management, catalog_management, etc.)

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• You must not share your account with unauthorized parties

3.3 Account Suspension

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You violate WhatsApp Business policies
• Your account is used for illegal or fraudulent activities
• Payment is overdue by more than 60 days

4. Pricing and Payment

4.1 Pricing Plans

WhatsOrder offers the following pricing tiers:

4.2 Payment Terms

• Monthly base fees are charged in advance on the 1st of each month
• Per-order fees are calculated monthly and billed in arrears
• All prices are in CHF (Swiss Francs)
• Prices exclude VAT/GST (added where applicable)
• Payment is processed via Stripe (credit card required for paid plans)

4.3 Free Tier

• TRIAL plan: First 7 days free, 20 orders per day limit
• STANDARD plan: First 20 orders per month free
• Orders beyond free tier are charged at the per-order rate

4.4 Late Payments

• Accounts with payments overdue by 30+ days may be suspended
• Accounts with payments overdue by 60+ days may be permanently deleted
• Late payment fees may apply (1.5% per month)

4.5 Refunds

• Monthly base fees are non-refundable
• Per-order fees are non-refundable once orders are processed
• Refunds may be issued at our discretion for service outages exceeding SLA guarantees

5. Acceptable Use Policy

5.1 Permitted Uses

You may use WhatsOrder for:

• Lawful commercial activities and business operations
• Managing customer orders and inquiries via WhatsApp
• Communicating with customers who have consented to receive messages
• Complying with WhatsApp Business policies and messaging guidelines

5.2 Prohibited Uses

You must NOT use WhatsOrder for:

• Spam: Sending unsolicited or bulk messages to customers who have not opted in
• Illegal Activities: Selling prohibited products (drugs, weapons, counterfeit goods, etc.)
• Fraud: Misleading customers, deceptive practices, or scams
• Security Threats: Hacking, phishing, malware distribution, or system abuse
• Policy Violations: Violating WhatsApp Business policies, Meta's terms, or our guidelines
• Intellectual Property Infringement: Using copyrighted content without authorization
• Harassment: Abusive, threatening, or harassing communications

6. Service Level Agreement (SLA)

6.1 Uptime Guarantee

• ENTERPRISE Plan: 99.5% monthly uptime guarantee
• Other Plans: Best-effort basis (no uptime guarantee)
• Scheduled maintenance excluded from uptime calculations

6.2 Support Response Times

• ENTERPRISE: 2 hours (business hours)
• PROFESSIONAL/PROFESSIONAL PLUS: 24 hours (business hours)
• STANDARD/TRIAL: 48 hours (business hours)

6.3 Planned Maintenance

• We will provide advance notice of scheduled maintenance
• Maintenance windows are typically during off-peak hours
• Emergency maintenance may occur without prior notice

7. Data Ownership and Privacy

7.1 Your Data

• You Own Your Data: All business data (customers, orders, products) belongs to you
• Data Portability: You can export your data at any time
• Data Deletion: Upon account termination, your data is deleted within 90 days

7.2 Our Rights

• We may use aggregated, anonymized data for analytics and service improvement
• We may access your data for support purposes with your consent
• We comply with GDPR, Swiss DPA, and applicable data protection laws

7.3 Privacy Policy

Data collection, processing, and security are detailed in our Privacy Policy.

8. Intellectual Property

8.1 WhatsOrder Platform

• The WhatsOrder platform, software, and trademarks are our exclusive property
• You may not reverse-engineer, copy, or redistribute our software
• You may not use our trademarks without written permission

8.2 Your Content

• You retain all rights to your business data, product images, and content
• You grant us a limited license to process your content to provide the Service
• You are responsible for ensuring you have rights to any content you upload

9. Limitation of Liability

To the maximum extent permitted by law, WhatsOrder:

• No Liability for Indirect Damages: We are not liable for lost profits, revenue, data, or business opportunities
• Service Interruptions: We are not liable for WhatsApp API downtime, Meta service outages, or third-party failures
• Data Loss: You are responsible for maintaining backups of your data
• Maximum Liability: Our total liability is limited to the amount you paid us in the past 12 months

10. Indemnification

You agree to indemnify and hold harmless WhatsOrder from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of WhatsApp policies
• Third-party claims related to your business operations
• Intellectual property infringement by your content

11. Termination

11.1 Termination by You

• You may cancel your subscription at any time via Settings → Billing
• 30 days' notice is recommended but not required
• Outstanding fees must be paid before cancellation
• Your data will be deleted within 90 days of cancellation

11.2 Termination by WhatsOrder

We may terminate your account immediately if:

• You violate these Terms of Service
• You violate WhatsApp Business policies
• Your account is used for illegal activities
• Payment is overdue by more than 60 days

11.3 Effect of Termination

• Access to the platform is immediately revoked
• WhatsApp API permissions are disconnected
• You may request a data export within 30 days
• Unpaid invoices remain due

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be communicated as follows:

• Minor Changes: Updated on this page with revised "Effective Date"
• Material Changes: 30 days' advance notice via email
• Continued Use: Using the Service after changes constitutes acceptance

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

13.2 Jurisdiction

Any disputes shall be resolved exclusively in the courts of Zurich, Switzerland.

13.3 Arbitration (Optional)

By mutual agreement, disputes may be resolved through binding arbitration under Swiss arbitration rules.

14. Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, fires)
• War, terrorism, or civil unrest
• Government actions or legal restrictions
• Internet or telecommunications failures
• Third-party service outages (WhatsApp, Meta, cloud providers)

15. WhatsApp Business API Compliance

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhatsOrder.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

16.3 Waiver

Failure to enforce any provision does not constitute a waiver of our right to enforce it in the future.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

16.5 No Agency

These Terms do not create any partnership, joint venture, or agency relationship between you and WhatsOrder.

17. Contact Information

If you have questions about these Terms of Service:

Legal Department: [email protected]
Support: [email protected]
Website: https://app.whatsorder.ch