Terms and Conditions

1) The Service

Hayvest Commerce OS is software that helps retailers run WhatsApp-based commerce: conversational catalog search, carts, checkout links, orders, payment records, team inbox, templates, and related dashboard tools. We provide the platform; you operate your business, catalog, pricing, fulfillment, and customer relationships.

Features evolve over time. We may add, change, or retire functionality. Where a change materially affects how you use the Service, we will try to give reasonable notice through the dashboard or email.

2) Who these Terms cover

• Account owner: the person or organization that registers the merchant workspace and is responsible for billing and compliance.
• Team members: people invited with roles such as owner, admin, or agent. Owners and admins manage settings; all users must follow these Terms.
• End customers: people who message your WhatsApp number are your customers. Your policies and applicable law govern that relationship; Hayvest processes data on your behalf as described in our Privacy Policy.

3) Accounts and security

• You must provide accurate registration information and keep it up to date.
• You are responsible for activity under your account, including actions by team members you invite.
• Keep sign-in credentials confidential. Notify us promptly at hello@hayvest.com if you suspect unauthorized access.
• We may suspend or require password resets when we detect abuse, compromise, or policy violations.

4) WhatsApp and third-party services

The Service integrates with the Meta WhatsApp Cloud API and other providers (hosting, email, payments infrastructure, and similar). Your use of WhatsApp is also subject to Meta’s terms, policies, and message rules. You are responsible for:

• Connecting a WhatsApp Business number you are authorized to use.
• Maintaining approved message templates where required for outbound notifications.
• Opt-in, content, and frequency that comply with WhatsApp commerce and anti-spam rules.
• Any fees charged by Meta, carriers, or payment providers outside Hayvest’s platform fees.

We are not responsible for outages, policy changes, or account restrictions imposed by third parties.

5) Merchant responsibilities

You control what you sell, how you price it, and how you treat customers. You agree to:

• Keep product, inventory, and pricing data accurate in the dashboard.
• Honor orders and refunds according to your own policies and applicable consumer law.
• Only collect customer information you need for commerce and support, with appropriate notice where required.
• Complete market-specific onboarding and compliance steps (for example registry or tax details for Kenya or South Africa) when you operate in those markets.
• Respond to customer requests about their data when you are the merchant they contacted; we assist where our role as processor requires it.

6) Acceptable use

You may not use the Service to:

• Break any law or infringe others’ rights.
• Sell prohibited or restricted goods, or misrepresent products.
• Send unsolicited bulk messages, phishing, or deceptive commerce flows.
• Probe, scrape, or overload our systems without written permission.
• Reverse engineer the Service except where law expressly allows it.
• Resell or white-label the Service without a separate written agreement with Hayvest.

We may investigate misuse and remove content, disable automations, or suspend accounts to protect customers and the platform.

7) Orders, payments, and records

Hayvest helps you record carts, orders, and payments entered or confirmed in the dashboard. Unless we explicitly offer and you enable a separate integrated payment product, Hayvest does not hold customer funds or guarantee that a payment marked “paid” in chat was settled with your bank or mobile money provider. You remain responsible for reconciliation with M-Pesa, cards, cash, or other methods you accept.

Automated WhatsApp order updates depend on correct customer phone numbers, your WhatsApp configuration, and templates approved by Meta. Delivery is not guaranteed.

8) Fees

Access may be offered during early access, pilot, or paid plans as described on our website or in an order form you sign with us. If fees apply, you agree to pay them on time. We may change pricing for new subscriptions after notice; existing paid terms continue until renewal unless otherwise agreed.

9) Intellectual property

Hayvest owns the Service, including software, branding, and documentation. You retain ownership of your catalog content, trademarks, and customer lists. You grant us a limited license to host, process, and display your content solely to operate the Service for your workspace.

If you send feedback or suggestions, we may use them without obligation to you.

10) Confidentiality

Non-public information about the Service (such as unreleased features or pricing shared under NDA) must stay confidential. Conversation and order data in your workspace is yours to manage under your privacy commitments to customers.

11) Availability and support

We aim for reliable uptime but do not promise uninterrupted access. Maintenance, third-party failures, and force majeure events can cause downtime. Support is provided through documented channels and email during business hours; critical production issues are prioritized when reported with enough detail to reproduce them.

12) Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that automated replies will be error-free or that revenue will increase from using Hayvest.

13) Limitation of liability

To the fullest extent permitted by law, Hayvest and its directors, employees, and suppliers 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 arising from these Terms or the Service is limited to the greater of (a) amounts you paid us for the Service in the twelve months before the claim, or (b) one hundred US dollars (USD 100) if you have not paid fees.

Some jurisdictions do not allow certain limits; in those cases our liability is capped to the minimum permitted by law.

14) Indemnity

You will defend and indemnify Hayvest against claims arising from your products, your messages to customers, your breach of these Terms, or your violation of law or third-party rights, except where caused by our intentional misconduct.

15) Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, create risk for other users, or fail to pay applicable fees. On termination, your right to access the dashboard ends; we may retain or delete data according to our Privacy Policy and legal obligations. Export anything you need before closing an account.

16) Changes to these Terms

We may update these Terms. We will change the “Last updated” date above and, when changes are material, provide notice through the Service or email. Continued use after the effective date means you accept the updated Terms.

17) Governing law and disputes

Which country’s laws apply depends on your merchant’s primary market — the country you select when you create your workspace (shown in your dashboard settings). A separate written agreement with Hayvest, if you have one, overrides this section.

Either party may seek injunctive or other urgent relief in any court where misuse of intellectual property or the Service requires it. Before filing suit, email us at hello@hayvest.com so we can try to resolve the dispute informally within thirty days.

18) Contact

Questions about these Terms: hello@hayvest.com.