Terms of Service

1. The service

Pingbird lets you connect your own WhatsApp Business account and send order updates, shipping updates, cancellation and refund notices, cash-on-delivery (COD) confirmations and abandoned-cart reminders to your customers by WhatsApp, with email as a fallback. Features depend on your plan. We may improve, change or discontinue features; if we remove a core feature you pay for, we will tell you in advance.

2. Eligibility and accounts

You must be at least 18, able to enter into a binding contract, and using Pingbird for a business. You are responsible for your Shopify store, your Meta and WhatsApp accounts, anyone you allow to use Pingbird, and keeping your credentials secure.

3. Your responsibilities

• You will comply with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging and Commerce Policies, the Meta Platform Terms, the Shopify Partner Program and API terms, and all laws that apply to your messages, including consumer protection, privacy, anti-spam and telemarketing laws.
• You will obtain and keep valid consent from your customers before messaging them, and only send marketing messages to customers who opted in to marketing. Pingbird provides opt-in tools and STOP handling, but you are responsible for how you collect consent.
• You are responsible for the content of your messages and templates, and for having a privacy policy for your store that tells your customers you use Pingbird and WhatsApp to message them.
• You will not use Pingbird to send unlawful, misleading, harassing or prohibited content, to message people who have not consented, or to sell products prohibited by WhatsApp's Commerce Policy.

4. WhatsApp and Meta

Your WhatsApp Business account, phone number and message templates belong to you and are subject to Meta's terms. Meta, not NexoCommerce, decides whether templates are approved, sets messaging limits and quality ratings, and may restrict or suspend accounts. Meta bills you directly for WhatsApp message fees through the payment method in your WhatsApp Business account; Pingbird does not mark up those fees. We are not responsible for Meta's decisions, fees, outages or changes to the WhatsApp Business Platform.

5. Plans, trials and billing

• Paid plans are billed in US dollars through Shopify's billing system and appear on your Shopify invoice. Plan prices and limits are shown in the app before you subscribe.
• New stores get one free trial (currently 14 days). If you do not cancel before the trial ends, Shopify starts charging your chosen plan.
• Messages above your plan's monthly allowance may be charged as usage fees, up to the spending cap you approve in Shopify.
• Subscriptions renew automatically each billing cycle until you cancel or uninstall the app. Fees already charged are non-refundable except where required by law or by Shopify's policies.
• We may change prices with at least 30 days' notice; changes apply from your next billing cycle.

6. Data and privacy

Our handling of personal data is described in the Pingbird Privacy Policy at https://www.nexocommerce.com/legal/pingbird/privacy-policy. For your customers' personal data, you are the controller and we process it on your behalf, only to provide Pingbird, following your instructions given through the app's settings.

7. Intellectual property

Pingbird, its software, design and branding belong to NexoCommerce. We grant you a limited, non-exclusive, non-transferable right to use Pingbird for your store while your subscription is active. You keep all rights to your store data and message content, and you allow us to use them only to provide the service. You may not copy, resell, reverse engineer or build a competing product from Pingbird.

8. Suspension and termination

You can stop using Pingbird at any time by uninstalling it from Shopify. We may suspend or terminate your access if you breach these Terms or platform policies, if your use risks harm to others or to the service, or if required by Shopify, Meta or law. When access ends, your data is handled as described in the Privacy Policy.

9. Disclaimers

Pingbird is provided "as is" and "as available". Message delivery depends on Shopify, Meta, WhatsApp, email providers, carriers and your customers' devices, so we do not guarantee that every message will be delivered, delivered on time, or result in confirmed orders or recovered sales. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the extent permitted by law, NexoCommerce will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to Pingbird is limited to the fees you paid us for Pingbird in the 12 months before the claim arose.

11. Indemnity

You will defend and indemnify NexoCommerce against claims, fines and costs arising from your messages, your lack of customer consent, your products, or your breach of these Terms, platform policies or law.

12. Governing law

These Terms are governed by the laws of India. The courts of Lucknow, Uttar Pradesh have exclusive jurisdiction, except where the law of your country gives you the right to bring a claim locally.

13. Changes to these Terms

We may update these Terms. We will post the new version here with a new "Last updated" date and notify you of significant changes in the app or by email. Continuing to use Pingbird after a change takes effect means you accept the updated Terms.

14. Contact

NexoCommerce, Vibhav Khand, Gomti Nagar, Lucknow, Uttar Pradesh 226010, India. Email: support@nexocommerce.com