Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of Alintro SMS/Whatsapp Notifications ("the App," "we," "our," or "us"), a Shopify application that provides SMS and WhatsApp messaging services for e-commerce stores.

By installing, accessing, or using our App, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not use our service.

2. Service Description

Our App provides:

• Automated SMS and WhatsApp notifications for order events
• Marketing campaign management and broadcasting
• Customer messaging templates and personalization
• Multi-gateway support (Twilio, WhatsApp Business API, Custom HTTP)
• Message delivery tracking and analytics
• GDPR and TCPA compliance tools

3. Account Requirements

3.1 Eligibility

• You must have an active Shopify store
• You must be at least 18 years old or the age of majority in your jurisdiction
• You must have authority to bind your business to these Terms
• You must provide accurate and complete registration information

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and gateway passwords. You agree to immediately notify us of any unauthorized use of your account.

4. Messaging Compliance and Your Responsibilities

4.1 Consent Requirements

You agree to:

• Obtain explicit opt-in consent before sending marketing messages
• Maintain records of all consent obtained
• Honor all opt-out requests immediately
• Never purchase, rent, or use third-party contact lists
• Collect separate consent for SMS and WhatsApp channels

4.2 Required Disclosures

You must include the following disclosure when collecting phone numbers:
"By providing your phone number, you agree to receive recurring automated marketing messages from [Your Store Name]. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe."

4.3 Message Content

You agree NOT to send messages containing:

• Illegal, fraudulent, or deceptive content
• Hate speech, harassment, or discrimination
• Adult content or services
• Cannabis, CBD, or controlled substances (without proper compliance)
• Cryptocurrency or financial services (without authorization)
• Health claims not approved by regulatory authorities
• Political campaign messages (without proper registration)
• Content violating third-party intellectual property rights

4.4 Timing Restrictions

Transactional messages may be sent at any time.

5. Fees and Payment

5.1 Pricing

• Free Plan: Up to 50 orders per month
• Starter Plan: $4.99/month for 500 orders

5.2 Billing

Subscription fees are billed monthly through Shopify's billing system. Message credits reset monthly and do not roll over. You are responsible for all third-party gateway costs (Twilio, WhatsApp Business API fees).

5.3 Refunds

Monthly subscriptions are non-refundable. Unused message credits expire at the end of each billing cycle. We may offer pro-rated refunds for service interruptions at our discretion.

6. Service Availability and Support

6.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced 48 hours in advance when possible.

6.2 Support

• Email support available at support@alintro.com
• Response time: 12-48 hours for standard inquiries
• Priority support available for Pro plans
• Documentation and FAQs available in-app

6.3 Service Limitations

Message delivery depends on third-party providers and carrier networks. We are not responsible for delays or failures caused by external services, carrier filtering, or recipient device issues.

7. Intellectual Property Rights

7.1 Our Property

The App, including its code, design, features, and documentation, is our intellectual property. You may not copy, modify, distribute, or reverse engineer any part of our service.

7.2 Your Content

You retain ownership of your message content and customer data. By using our service, you grant us a license to process and transmit your content as necessary to provide the service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

8. Privacy and Data Protection

Our handling of personal data is governed by our Privacy Policy. You agree to comply with all applicable data protection laws including GDPR and CCPA.

You acknowledge that we act as a data processor for customer data, and you are the data controller. You must have appropriate legal basis for processing customer data.

9. Warranties and Disclaimers

9.1 Your Warranties

You represent and warrant that:

• You have all necessary rights to use and share customer data
• Your use complies with all applicable laws and regulations
• Your messages don't infringe third-party rights
• You will maintain accurate account information

9.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

Our total liability for any claim shall not exceed the amount paid by you in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Alintro SMS/Whatsapp Notifications, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your message content
• Your violation of third-party rights
• Failure to obtain proper consent

12. Termination

12.1 Your Termination Rights

You may terminate your account at any time by uninstalling the App from your Shopify store. No refunds will be provided for partial billing periods.

12.2 Our Termination Rights

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Sending prohibited content
• Excessive spam complaints
• Legal or regulatory requirements

12.3 Effect of Termination

Upon termination, your access ends immediately. We will delete your data according to our Privacy Policy. Provisions that should survive termination will remain in effect.

13. Dispute Resolution

13.1 Informal Resolution

Before formal proceedings, you agree to attempt resolution by contacting support@smswhatsappnotify.com. Most disputes can be resolved informally.

13.2 Arbitration

Any disputes not resolved informally shall be settled by binding arbitration under the rules of the Indian Arbitration and Conciliation Act. Arbitration will be conducted in English in Rajasthan, India.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings.

14. General Provisions

14.1 Governing Law

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

14.2 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the service.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.4 Waiver

Our failure to enforce any right or provision doesn't constitute a waiver of that right.

14.5 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

16. Contact Information