1. Introduction & acceptance
These Terms of Service (“Terms”) are a legal agreement between you and [Legal Entity Name] (“ORDERK,” “we,” “us,” or “our”) governing your access to and use of ORDERK’s website, merchant dashboard, storefronts, and related services (together, the “Service”). By creating an account, accessing your dashboard, or placing an order through a ORDERK-powered storefront, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Definitions
- “Merchant” means a business or individual who registers a ORDERK account to create and operate a Store.
- “Store” or “Storefront” means the public product catalog and ordering page a Merchant creates and shares (e.g., at a orderk.store link).
- “Customer” means a person who visits a Storefront and places an order.
- “Dashboard” means the private admin panel Merchants use to manage products, orders, customers, discounts, inventory, bookings, subscriptions, and store settings.
- “Chat Channels” means the third-party messaging platforms (WhatsApp, Instagram, Telegram, Messenger, and any others we support) that ORDERK hands orders off to.
3. Eligibility & account registration
To use the Dashboard, you must create an account with a valid email address and password, and you must be legally capable of entering into a binding contract. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [support contact email] if you suspect unauthorized access to your account.
You agree to provide accurate, current, and complete information when registering and to keep it up to date. We may suspend or terminate accounts that provide false or misleading information.
4. Description of the service
ORDERK lets Merchants build a product catalog, customize a Storefront, and receive orders. When a Customer checks out on a Storefront, ORDERK generates a structured, pre-filled order summary and hands the Customer off to the Merchant’s chosen Chat Channel (WhatsApp, Instagram, Telegram, or Messenger) to complete the conversation, coordinate delivery, and, where applicable, arrange payment. ORDERK is a tool that connects Merchants and Customers to those Chat Channels — ORDERK is not a party to the underlying sale of goods or services between a Merchant and a Customer, and is not a messaging platform itself.
5. Merchant obligations
As a Merchant, you agree that you will:
- Only list products or services you are legally entitled to sell, and describe them accurately;
- Comply with all applicable laws, including consumer protection, advertising, tax, and product-safety laws in the places you sell;
- Comply with the separate terms and commerce/business messaging policies of any Chat Channel you use to receive orders (for example, Meta’s WhatsApp Business Policy and Commerce Policies for WhatsApp, Instagram, and Messenger, and Telegram’s Terms of Service). ORDERK is not responsible for enforcing those third-party policies, and a Chat Channel restricting or removing your access is outside our control;
- Only message Customers in a way you are legally permitted to (e.g., with appropriate consent for marketing or automated messages, such as broadcasts or payment-recovery reminders);
- Handle any Customer personal information you receive through your Store lawfully and securely; and
- Fulfill orders you accept, and handle refunds, cancellations, and disputes with your own Customers.
6. Subscription plans & billing
ORDERK offers a free Basic plan and paid plans (currently Business and Enterprise) with different feature limits, described on our Pricing page. By subscribing to a paid plan, you authorize us (or our payment processor) to charge your chosen payment method on a recurring basis (monthly, unless otherwise agreed) at the then-current price for your plan.
Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You can upgrade, downgrade, or cancel a subscription from your account settings; changes generally take effect at the start of the next billing cycle. Fees are exclusive of applicable taxes unless stated otherwise. Except where required by law, fees already paid are non-refundable; any exceptions are described at [refund policy details / link]. We may change plan pricing or features with reasonable notice; continued use after a price change takes effect constitutes acceptance of the new price.
7. Payment processing
Card and other electronic payments made through a Storefront’s checkout are processed by third-party payment processors, including Stripe and other supported processors. ORDERK does not itself hold or take custody of Customer funds for those payments — they flow directly between the Customer, the payment processor, and the Merchant, subject to that processor’s own terms. For local payment methods such as cash on delivery, bank transfer, or QR-code payments, payment is arranged directly between the Merchant and the Customer, and ORDERK is not responsible for confirming or collecting that payment.
8. Prohibited uses
You agree not to use ORDERK to:
- Sell illegal goods or services, or goods/services that violate a Chat Channel’s own policies;
- Send unsolicited bulk messages (“spam”) or messages that violate a Chat Channel’s messaging rules;
- Infringe any third party’s intellectual property, privacy, or other legal rights;
- Upload malicious code, or attempt to gain unauthorized access to ORDERK’s systems or other accounts;
- Misrepresent your identity or affiliation, or impersonate any person or business; or
- Interfere with or disrupt the integrity or performance of the Service.
We may investigate and take action, including suspending or terminating accounts, for violations.
9. Intellectual property
ORDERK and its licensors own all rights, title, and interest in and to the Service, including its software, design, and branding. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You retain all rights to the content you upload — such as product listings, images, and store branding — and you grant ORDERK a limited license to host, display, and transmit that content solely to operate and provide the Service (including displaying it on your Storefront and including it in order messages sent to Chat Channels).
10. Third-party services
The Service integrates with and depends on third-party platforms we do not control, including WhatsApp, Instagram, and Messenger (operated by Meta), Telegram, and payment processors such as Stripe. We are not responsible for the availability, functionality, policies, or acts or omissions of these third parties, and your use of them is subject to their own terms and privacy policies.
11. Termination & suspension
You may stop using the Service and close your account at any time from your account settings. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, if required by law, or if we reasonably believe your account poses a risk to ORDERK, other users, or third parties. Upon termination, your right to use the Service ends, and we may delete or retain your data in accordance with our Privacy Policy and applicable law.
12. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or fully secure, or that Chat Channels will remain available or continue to accept order hand-offs in their current form.
13. Limitation of liability
To the maximum extent permitted by law, ORDERK and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Service, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you paid us for the Service in the twelve (12) months preceding the claim, or [amount, e.g. $100] if you are on the free plan.
14. Indemnification
You agree to indemnify and hold ORDERK harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your Storefront content, your violation of these Terms, or your violation of any law or third-party right, including the rights of your Customers.
15. Governing law & dispute resolution
These Terms are governed by the laws of [Governing Law / Jurisdiction], without regard to its conflict-of-laws principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of [Governing Law / Jurisdiction], unless applicable law requires otherwise.
16. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
17. Contact us
Questions about these Terms can be sent to [support contact email] or to [Legal Entity Name], [Company Address].
