Terms of Service

1. Our agreement

These Terms are between Optimato, based in Tel Aviv, Israel ("Optimato", "we" or "us"), and the merchant using Optimato ("you").

The person accepting these Terms must have authority to bind the merchant. You must be a Shopify merchant, have legal capacity to enter this agreement, and keep your account and contact information accurate. Sign-in uses Shopify; Optimato has no separate passwords. You must control staff access and tell us promptly about suspected unauthorised use.

Our Privacy Policy explains how information is handled. Our DPA forms part of these Terms for personal data we process on your behalf. You control customer data; Optimato processes it for you. Optimato separately controls merchant account and billing-contact information for its own account administration, security and legal purposes.

Acceptance during onboarding or a Shopify subscription approval that expressly incorporates these Terms binds the merchant. Users must be at least 18 and act for a merchant business. Mandatory transfer clauses prevail, then the DPA for processing matters, then these Terms. Visiting the website alone creates no paid subscription.

2. The service

Optimato is a Shopify app for WhatsApp and email checkout reminders, order updates, marketing campaigns, a shared inbox, automations, attribution reporting, and AI message drafts and store-related replies. Features depend on your configuration, plan, permissions and provider approvals. SMS, Messenger and Instagram are built but are not offered at launch.

You must connect and maintain your own relevant messaging-provider accounts. An integration is usable only when actually connected and appropriately approved. A listing or configuration screen is not a promise of provider approval or availability.

3. Plans, trials and Shopify billing

Paid plans have a 14-day free trial. AI use is included up to the selected plan's monthly allowance. The plan selection and Shopify approval screens show the applicable features and allowance before purchase. These Terms do not create an unlimited AI allowance or authorise undisclosed overage charges.

Shopify bills subscriptions through its billing system. Prices are USD, excluding applicable taxes collected by Shopify. Monthly and yearly subscriptions renew for their selected interval unless cancelled. Annual fees are paid upfront. Trial eligibility and the end date appear in Shopify; reinstalling does not guarantee another trial. Charges begin after an approved trial unless cancelled. Changes, credits and proration follow the Shopify approval screen. Monthly AI allowances reset for each monthly allowance period, including on annual plans, and do not roll over. At exhaustion, affected AI features pause until reset or an approved plan change; no undisclosed AI overage is automatically billed.

You can stop using the app and uninstall it through Shopify. Uninstall cancels future renewal and ends app access immediately, subject to Shopify billing processing; incurred charges remain due. Disconnecting a provider does not cancel a subscription. Payments are generally nonrefundable for unused time or voluntary cancellation, including annual plans, subject to mandatory rights. We refund erroneous charges and the affected unused prepaid portion if we discontinue the service without your material breach or fail to resolve materially missing paid functionality within 30 days after notice. Contact support within 30 days of noticing a billing issue; this does not shorten mandatory rights. Approved refunds are handled through Shopify where supported.

4. Messaging-provider costs and spending controls

You pay WhatsApp delivery costs directly to your Meta account and email delivery costs directly to your Resend account. Optimato charges no fee per message. Provider rates and terms are separate from your Optimato subscription.

Optimato shows estimated costs before sending and lets you set spending limits. Estimates depend on available provider prices and message information; actual provider charges can differ. Set and monitor limits appropriate to your business. These app controls do not alter your provider contract or cap charges incurred outside Optimato.

We give at least 30 days’ notice of subscription price changes, effective no earlier than the next renewal and subject to required Shopify approval. You may cancel before the change. We remain responsible for our contractual obligations, including applying agreed sending controls; estimates do not amend an independent provider’s charges.

5. Your responsibilities

You are responsible for:

• Having a lawful basis for processing and the channel-specific consent or other legally valid permission required for every message. Imported contact details, a purchase or email consent alone do not establish WhatsApp marketing consent.
• Keeping accurate consent evidence, honoring withdrawals and suppression lists, and providing customers with appropriate privacy and messaging notices. Eligibility is re-checked immediately before sending; you must not bypass those checks.
• Complying with applicable WhatsApp Business and Meta policies, Shopify requirements, CAN-SPAM, GDPR, TCPA and other relevant privacy, consumer and anti-spam laws. These references do not mean every law applies to every merchant.
• Including a valid postal address in marketing emails where required and maintaining a working unsubscribe process.
• Providing accurate store facts, product information, policies, order information and instructions, and having the rights to upload and use your content.
• Managing staff permissions, connected-provider credentials and enabled integrations.

Transactional labels do not by themselves make marketing lawful. You remain responsible for whether a checkout reminder or order update requires consent in the recipient's jurisdiction.

6. Acceptable use

Do not send spam, contact suppressed recipients, evade consent controls, impersonate others, engage in fraud, distribute unlawful or prohibited content, infringe rights, interfere with service security, or access another store's data. Do not use AI to generate deceptive or unlawful messages, bypass approval requirements or run an open-domain WhatsApp chatbot. Do not submit information for AI training; merchant and customer data are not used to train models.

Prohibited content includes fraud, phishing, malware, unlawful discrimination, harassment, exploitation, infringement and content forbidden by Shopify or the relevant provider. Do not submit special-category data, payment credentials or other highly sensitive information without our written agreement and appropriate safeguards. Do not target children with marketing or use the service to make regulated professional decisions.

7. AI output and attribution

Claude models supplied by Anthropic draft messages and answer questions using the merchant's store information. Review drafts before use and configure human oversight for automated replies. Store-grounded output can still be inaccurate, incomplete or unsuitable; verify facts, offers and legal statements before relying on them.

AI cannot issue refunds, cancel orders or grant discounts beyond your limits. Those actions require a person. The service does not make automated decisions with legal or similarly significant effects on individuals.

Revenue credited to messages is attribution, not proof that the messages caused extra sales or incremental lift. We do not promise sales, conversion rates, statistical significance or business results.

8. Third-party services and availability

Shopify, Meta, Resend, Anthropic and other connected services have their own terms, charges, approval processes and availability. Your use must comply with those terms. Provider outages, rejected templates, revoked permissions or policy changes can affect Optimato features.

We do not offer an uptime or support-response SLA in these Terms. We use reasonable care and skill to provide the service. No uptime SLA, service credits or guaranteed support-response time is offered. Mandatory service obligations remain applicable.

9. Service changes and suspension

We may maintain and update the service. We may suspend affected access or sending when reasonably needed to address unlawful use, security risks, material breaches, nonpayment or provider restrictions. Where lawful and practical, we will explain the reason and how to resolve it, and limit suspension to the affected activity.

We give 30 days’ notice of material reductions to paid functionality. If you terminate a prepaid service because of such a reduction, we refund the affected unused portion. Where practical and lawful, we explain a suspension and give 10 days to cure a remediable breach; urgent security, unlawful-use and provider/legal requirements can require immediate action. We limit action to what is reasonably necessary and restore access when resolved. Contact support to challenge a decision.

10. Intellectual property

You retain your rights in your store content and customer data. You give us permission to host, transmit and process that material only as needed to provide the service, follow your instructions and meet lawful obligations, subject to the DPA. This permission does not allow advertising use, sale of data or AI model training.

Optimato and its licensors retain rights in the app, software, documentation, branding and other service materials. You may use the service for your merchant business during the agreement, subject to your plan and these Terms.

You receive a limited, nonexclusive right to use the service for your merchant business during this agreement. Do not resell, copy or reverse engineer it except as permitted by mandatory law. As between you and Optimato, we assign any assignable rights we have in output generated for your store, subject to third-party rights and law; output may not be unique or copyrightable. We may use voluntary feedback to improve the service without unrelated use of your personal data or confidential content.

11. Confidentiality

Each party must protect nonpublic information received from the other, use it only for this agreement and limit access to people who need it and are bound to protect it. This includes nonpublic business information and credentials. Information is not confidential to the extent it is lawfully public, independently developed, already lawfully known or lawfully received without a duty of confidence.

Disclosure required by law is permitted only to the required extent, with advance notice where lawful. Personal data remains subject to the DPA and privacy law even where a confidentiality exception applies.

Each party uses reasonable care. Confidentiality continues for 3 years after termination, and for personal data and trade secrets while legally protected. Compelled disclosures are limited to what is required, with notice where lawful.

12. Warranties, liability and indemnity

The service can experience errors, delays and interruptions. AI outputs and cost estimates may be wrong. Nothing in these Terms promises particular financial results or replaces your legal review of messaging practices.

Except for express commitments, the service and output are provided as available. To the extent permitted by law, implied warranties of merchantability, fitness for purpose and noninfringement are disclaimed. Mandatory warranties, statutory rights and our reasonable-care commitment remain unaffected.

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential losses or lost profits. Aggregate liability is limited to the greater of US$100 and Optimato subscription fees paid or payable in the 12 months before the event. The cap is twice that amount for confidentiality or personal-data obligations. Exclusions and caps do not limit fraud, intentional misconduct, properly incurred payment obligations, non-excludable liability, individuals’ statutory rights or mandatory transfer-clause rights. Provider fees are not Optimato subscription fees.

You defend and indemnify us against third-party claims caused by your infringing content or messaging instructions that breach consent or anti-spam law, excluding claims caused by our breach or unauthorised changes. We defend and indemnify you against third-party claims that our own software, used as authorised, infringes IP rights, excluding your content and unauthorised modifications or combinations. The protected party gives prompt notice, reasonable cooperation at the defending party’s cost and control of the defence. Delay reduces obligations only to the extent it causes material prejudice. No settlement may impose fault, nonmonetary obligations or remaining liability without reasonable written consent. The liability caps above apply.

13. Termination, exports and deletion

You may uninstall the app through Shopify. Outgoing work stops and the Shopify token is discarded on uninstall. Arrange any required lawful customer export before access ends, or contact support@optimato.xyz about an authorised return request under the DPA. Customer data exports are deleted after 14 days.

Store data is erased after Shopify's store-deletion request, sent no earlier than 48 hours after uninstall. That timing describes Shopify's request, not guaranteed completion of all deletion exactly 48 hours after uninstall. Privacy webhook requests are handled within 30 days of receipt. A minimal financial and audit trail without customer content remains. Minimal financial and compliance records without customer content or direct customer contact details are kept for up to 7 years after the relevant transaction or store closure. Staff access logs follow a 2-year period; limited financial-event, deletion-proof or incident evidence may remain within the 7-year trail. Suppression hashes and consent evidence remain during store use and are removed with store erasure unless necessary for a specific legal claim. They cannot be used to resume marketing without a new lawful opt-in.

During service, message text, attachments, team notes and AI lookup details are wiped after 2 years; the record that a message was sent, date, status and cost remains for billing. Raw provider webhook data is wiped 30 days after processing; storefront browsing events after 30 days. Daily encrypted backups expire after 30 days, point-in-time recovery covers 3 days, and erasures are re-applied after restoration. The DPA provides the processing details.

Either party may terminate for a material breach not cured within 30 days after written notice, or immediately if it cannot be remedied or use remains unlawful. We may discontinue the service with 30 days’ notice and an unused-prepayment refund. Request return in a commonly readable electronic format before erasure; contact support to coordinate it. Incurred charges, confidentiality, IP, liability, disputes and applicable deletion/data-protection obligations survive as needed.

14. Governing law and disputes

Israel. Israeli law governs, excluding conflict-of-laws rules. Competent courts in Tel Aviv–Yafo, Israel, have jurisdiction. Parties first attempt good-faith resolution for 30 days after written notice, except for urgent relief. No arbitration or class-action waiver is required. Mandatory local rights, regulator complaints and transfer-clause law and forum provisions prevail where applicable.

15. Changes to these Terms and general provisions

We publish revised Terms with an updated effective date. We give 30 days’ account email or in-app notice of material changes, stating their effective date and your right to cancel, except where law or urgent security needs require faster action. Changes requiring fresh approval do not take effect through continued use alone. Otherwise, continued use after the notified date accepts changes to the extent permitted by law. Prepaid-service refund rights remain applicable.

This agreement and the DPA are the entire agreement unless an order form expressly provides otherwise. Unenforceable provisions do not invalidate the remainder; delayed enforcement is not a waiver. Assignment requires consent except to a business successor that assumes the obligations without materially reducing data protection. Events beyond reasonable control excuse affected delays only while reasonably mitigated, not payment already due or data-protection duties. Notices may be sent to the account contact and support@optimato.xyz.

16. Contact

Email support@optimato.xyz for service, billing or legal questions. Postal contact: Optimato, Tel Aviv, Israel.