Terms of Use

1. Acceptance of these terms

By creating an account, accessing or using Openmall (the "Service"), you agree to these Terms of Use and to our Privacy Policy. If you use the Service on behalf of a business, you confirm that you are authorized to accept these terms on its behalf.

If you do not agree with these terms, do not use the Service.

2. The Service

Openmall is a software platform that allows businesses ("clients") to manage their online store, sales, appointments, inventory, forms, payments and communications with their customers. Specific features depend on the plan selected by each client.

3. Accounts

You must provide accurate and complete information when creating an account and keep it up to date. You must be of legal age in your country to enter into a contract to use the Service.

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, including the actions of the users you invite. Notify us immediately if you suspect unauthorized access.

4. Plans and payments

Some features require a paid plan. Prices, billing periods and plan features are shown on our pricing page or agreed with you. Subscriptions renew automatically at the end of each billing period unless they are cancelled beforehand.

Fees are non-refundable except where required by law or expressly stated otherwise. Applicable taxes may be added. If a payment fails, we may limit or suspend access to paid features until the balance is settled.

5. Client responsibilities

Businesses that use Openmall to serve their own customers are responsible for:

• The customer data they collect and manage in Openmall, and complying with the data protection laws that apply to them.
• Having the necessary consent or legal basis to contact their customers, including by email or messaging.
• Complying with the terms and policies of connected messaging platforms, such as the WhatsApp Business and Meta policies, when using those channels through Openmall.
• The products, services, prices and information they offer through their store or booking pages, and the relationship with their own customers.

6. Acceptable use

You agree not to use the Service to:

• Carry out illegal activities or sell prohibited products or services.
• Send spam, unsolicited messages or misleading communications.
• Infringe the intellectual property, privacy or other rights of others.
• Interfere with the security or operation of the Service, or attempt to access it without authorization.
• Copy, resell or reverse engineer the Service, except as permitted by law.

7. Your content

You keep ownership of the content and data you upload to Openmall, such as products, images, texts and customer information. You grant us a limited license to host, process and display that content only as needed to provide and improve the Service for you.

8. Intellectual property

Openmall, including its software, design, brand and documentation, is owned by Openmall and protected by intellectual property laws. These terms grant you a limited, non-exclusive and non-transferable right to use the Service; they do not transfer any ownership rights.

9. Third-party services

The Service may integrate with third-party services, such as payment providers, shipping companies or messaging platforms. Your use of those services is subject to their own terms and policies, and Openmall is not responsible for them.

10. Suspension and termination

You can stop using the Service and cancel your account at any time. We may suspend or terminate access if you breach these terms, if required by law, or to protect the Service and its users.

After termination, you may request a copy of your data for a reasonable period before it is deleted, as described in our Privacy Policy.

11. Disclaimers

We work to keep the Service available and secure, but it is provided "as is" and "as available". To the extent permitted by law, we do not guarantee that it will be uninterrupted, error-free or suitable for every specific purpose.

12. Limitation of liability

To the extent permitted by law, Openmall will not be liable for indirect, incidental or consequential damages, or for loss of profits, revenue or data. Our total liability for any claim related to the Service is limited to the amount you paid us in the 12 months before the claim.

13. Indemnification

You agree to indemnify Openmall against claims from third parties arising from your use of the Service, your content, or your breach of these terms or of applicable law.

14. Governing law

These terms are governed by the laws of the country where Openmall is established. Any dispute will be submitted to its competent courts, unless the law of your country of residence grants you a different right.

15. Changes to these terms

We may update these terms from time to time. When we do, we will update the date at the top of this page and, if the changes are significant, we will notify our clients in advance. Continuing to use the Service after the changes take effect means you accept the new terms.