Terms of Service
These Terms of Service ("Terms") form a contract between SmartOrdr ("we", "us", "SmartOrdr") and the restaurant or other business that subscribes to our platform ("you", "Customer"). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use the service.
1. The service
SmartOrdr is a software-as-a-service (SaaS) platform that lets restaurants accept and manage orders through WhatsApp, a customer-facing web order page, and a staff dashboard. We provide the software layer only. We are not a food delivery company, a marketplace, or a payment facilitator.
2. Eligibility and accounts
- You must be a legally registered business operating in the Sultanate of Oman (or another jurisdiction we explicitly approve) and authorized to enter into this contract on its behalf.
- You must hold your own Thawani merchant account in your restaurant's legal name. Payments from your customers flow directly to your Thawani account; SmartOrdr never holds your funds.
- You are responsible for keeping your account credentials confidential and for everything that happens under your account.
3. Subscription and billing
- The standard plan is 50 OMR per month per restaurant location, billed monthly. Pricing in effect on your sign-up date is the pricing for your first 12 months.
- We may change pricing for renewal periods on 30 days' written notice (by email to the address you registered with).
- We do not take a per-order commission. Order revenue, refunds, and tips flow entirely between your customer and your Thawani account.
- Late payment may result in suspension after 14 days' notice. We will not delete your data without giving you a separate 30-day window to export it.
4. Trial and cancellation
- If we offer a free trial, you may cancel before the trial ends without charge.
- You may cancel a paid subscription at any time by emailing hello@smartordr.com. The cancellation takes effect at the end of the current billing month.
- We do not refund partial months. Any prepaid amount for a future period will be refunded if we end the contract for our own reasons (not for your breach).
5. Acceptable use
You agree not to:
- Send unsolicited messages, spam, or content that violates Meta's WhatsApp Business Policy.
- Use the service for any illegal purpose, including the sale of restricted or prohibited goods under Omani law.
- Attempt to gain unauthorized access to other tenants' data, reverse-engineer the platform, or circumvent security controls.
- Resell or sublicense the service to a third party without our prior written agreement.
We may suspend your account immediately if we reasonably believe you are in serious breach of this section.
6. Your data and customer data
- You own all data you and your customers enter into the platform (menu items, orders, customer records, messages).
- We process customer personal data on your behalf in accordance with the SmartOrdr Privacy Policy and the Oman Personal Data Protection Law (Royal Decree 6/2022).
- On termination you may export your data in a machine-readable format for 30 days. After that, we will delete or anonymize it on the schedule described in the Privacy Policy.
- We use aggregate, de-identified usage data to operate, secure, and improve the service.
7. Service availability
We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, push updates, or temporarily suspend access for security reasons. Where reasonable, we will give advance notice for planned maintenance. We are not liable for downtime caused by third-party providers (Meta WhatsApp, Thawani, Supabase, the public internet).
8. Disclaimers and liability
The service is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be error-free, secure against all attacks, or compatible with every device.
To the maximum extent permitted by Omani law, our total liability to you for any claim arising out of or related to these Terms is limited to the fees you paid us in the 12 months immediately before the event giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost revenue, lost profits, or lost data.
9. Termination
Either party may terminate this contract:
- For convenience, with 30 days' notice in writing.
- Immediately, if the other party materially breaches these Terms and fails to cure within 14 days of written notice.
- Immediately, if the other party becomes insolvent, files for bankruptcy, or ceases business operations.
10. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated to you by email at least 30 days before they take effect. If you continue to use the service after the changes take effect, you accept the updated Terms.
11. Governing law and disputes
These Terms are governed by the laws of the Sultanate of Oman. The courts of Muscat have exclusive jurisdiction over any dispute that cannot be resolved through good-faith negotiation between the parties.