Terms of Service

Software for running an online shop: catalogue, ordering, checkout, payments, point of sale, bookings, messaging and reporting, together with access to Areye’s delivery network where you choose to use it. We host it and keep it running.

We may change or improve features. Where we remove something you depend on, we will give reasonable notice.

Your products, your prices, your brand and your customers remain yours. We do not sell to your customers, market to them for ourselves, or share their details with another merchant. We process their information on your instruction, as set out in our Privacy Policy.

In data-protection terms, you are the controller of your customers’ information and we are your processor. That places obligations on you as well as us — chiefly that you must have a lawful basis for the information you collect and the messages you send.

Keep your login credentials secure, and make sure your staff accounts belong to real people with the access they actually need. You are responsible for what is done through your account.

You must give us accurate business details, and tell us when they change.

You are the seller. You are responsible for your goods and services being lawful, accurately described and correctly priced, and for holding any licence they require. Age-restricted goods — alcohol, tobacco, medicines — are yours to control: the legal duty sits with the licence holder, and our software supports that duty rather than discharging it.

You are responsible for fulfilling orders you accept, and for handling returns, refunds and complaints from your customers.

You pay the subscription for the plan you choose. Fees, billing period and anything usage-based are shown in your dashboard before you commit, and we will give notice before changing them.

We do not resell messaging. Where you connect your own WhatsApp Business account, Meta bills you directly for the messages you send; we neither mark that up nor charge you for access to the WhatsApp platform. What you pay us is for this software.

Where we collect money on your behalf, we hold it for you and pay it over on the agreed cycle, less any fees you owe. We are not a bank and we do not pay interest on money held.

Where you use Areye’s delivery network, drivers collect from you and deliver to your customer, and delivery fees are as quoted at checkout. Where you deliver yourself, delivery is entirely your responsibility.

This section matters more than its length suggests. If you send marketing — by SMS, email or WhatsApp — you must have the recipient’s consent, and you must be able to show it. You may not message bought, scraped or borrowed lists.

You must honour opt-outs immediately. Our software records a STOP and excludes that number; you must not work around it.

Where we connect you to WhatsApp, we do so as a Meta Tech Provider, and Meta holds us responsible for your conduct on their platform as if it were our own. So: you indemnify us against any claim, penalty, loss or account restriction arising from messages you send in breach of this section or of Meta’s policies. We may suspend your messaging immediately, without notice, if we reasonably believe it puts the platform or other merchants at risk.

Do not use the platform to break the law, infringe anyone’s rights, send malware, attack or probe our systems, scrape it, resell access to it, or impersonate anyone. Do not attempt to reach another merchant’s data.

We work to keep the platform available and will give notice of planned maintenance where we can. We do not promise uninterrupted service, and we are not liable for interruptions caused by things outside our control — including a supplier, a network, or a payment provider failing.

You may close your account at any time; we do not refund the unused part of a period already paid for. We may suspend or close an account that breaches these terms, does not pay, or puts the platform at risk — with notice where circumstances allow, and immediately where they do not.

On closure you may export your catalogue, customers and order history. We will keep what the law requires and delete the rest as our Privacy Policy describes.

Enterprise is not a plan you sign up for online. It is agreed in writing: we issue an order setting out scope, fees and dates, and this section applies to it in addition to everything above. Where this section conflicts with anything above, this section governs.

When it becomes binding. These terms, together with that order, form a binding contract when work commences — whether or not a further document is signed. Work commences on the earliest of: we begin the design or development of your apps; we provision your Enterprise environment; or you pay any part of the fee. Asking us to begin, and us beginning, is your acceptance.

A minimum term of three years. The agreement runs for three years from commencement. It then continues year to year until either of us gives ninety days’ written notice expiring on an anniversary.

Your own apps. We design, build, publish and maintain an Android app and an iOS app under your name and your branding, and keep them working with the platform for the term — including the updates Apple and Google require as their systems change. Whether a store approves a listing, and when, is their decision and not ours: we will do what is reasonably needed to get through review, but we cannot promise a date or an outcome.

What you provide. Your brand assets and content, the business and banking details a store or a payment provider asks for, and decisions when we need them. Where an account — a developer account, a payment account — is in your name, you keep it in good standing. Time lost waiting on you does not extend the term.

Delivery is through Areye. For the whole term, Areye is your delivery provider, and every order you fulfil by delivery goes through the Areye network. The single exception is an area Areye does not operate in, where we will agree an alternative for that area in writing; it does not extend to areas Areye serves.

A three-month cool-off. You may end the agreement by written notice within three months of commencement. The minimum term then falls away — but you are liable for the cost of the work already done: our design and development to the date of your notice, anything we have paid a third party on your account, and any store or platform fees already incurred, charged at the rates in the order. We will give you an itemised account, and it is payable whether or not anything has yet been published.

Fees, and ending after that. Fees are as set out in the order. Once the cool-off has passed, if you end the agreement before the minimum term expires — or we end it because you have breached it — the fees for the remainder of that minimum term fall due. Section 10 does not apply to Enterprise.

What belongs to whom. Your brand, your content, your catalogue and your customers are yours, as section 2 says. The platform and the software behind your apps remain ours, licensed to you for the term. When the agreement ends the licence ends with it, and we may withdraw the apps from the stores.

Nothing here limits liability that cannot lawfully be limited. Subject to that, we are not liable for lost profits, lost sales, lost data or indirect loss, and our total liability in any twelve-month period is limited to the fees you paid us in that period.

We are not a party to the sale between you and your customer, and we are not liable for the goods or services you sell.

We will post changes here and update the date. Where a change materially affects you we will tell you before it takes effect. Continuing to use the platform after that means you accept it.

These terms are governed by the law of the Republic of Botswana, and the courts of Botswana have jurisdiction.

Questions: legal@areye.app.