Terms of Service

1. 1.1The service is provided by Frominbox, MB (mažoji bendrija), company code 307162506, VAT LT100019538712, registered at A. Juozapavičiaus g. 28, LT-09311 Vilnius, Lithuania. Contact: info@otengo.com.
2. 1.2Otengo is for business use. It is offered to merchants operating a Shopify store, not to consumers, and consumer contract rights do not apply to it.
3. 1.3Your use of Shopify itself is governed by your agreement with Shopify. We are an independent app developer, not part of Shopify.
4. 1.4Where these terms and the Acceptable Use Policy differ on what you may do with calling, the Acceptable Use Policy governs.

1. 2.1Answers calls to a phone number we provide, using an AI assistant configured from your store’s own information.
2. 2.2Places outbound calls and sends text messages to your customers, according to the flows and campaigns you set up.
3. 2.3Records what happened on each call, and where you enable it, keeps the audio and the transcript.
4. 2.4Collects and stores the record of which customers have agreed to be contacted.
5. 2.5Reports on outcomes, including holding back a randomly selected share of an audience so you can compare called and uncalled customers.

1. 3.1You install Otengo from the Shopify App Store, and sign in through Shopify. We never ask for your Shopify password.
2. 3.2You are responsible for who in your organisation has access, and for what they do with it.
3. 3.3You confirm you are authorised to enter into this agreement for the store, and to instruct us to contact its customers.
4. 3.4We access only the Shopify data our features need. If you decline a permission, the features that depend on it stop working rather than failing quietly.

1. 4.1All billing runs through Shopify and appears on your Shopify invoice. We do not take card details and cannot charge you directly.
2. 4.2A plan includes a monthly allowance of call minutes. Minutes beyond the allowance are charged at the published per-minute rate. Prices are shown on the Shopify App Store listing and in the app before you choose a plan.
3. 4.3Answered calls are billed by the second, with a 15-second minimum. Calls that are not answered cost nothing.
4. 4.4You can set a spending limit. When it is reached we stop placing calls rather than continuing and billing you, and we tell you.
5. 4.5Changing or cancelling a plan is done through Shopify, and takes effect on Shopify’s terms. Refunds are handled under Shopify’s policies, since Shopify holds the payment relationship. If something has gone wrong on our side, tell us and we will make it right with Shopify.
6. 4.6If a charge fails, we may pause calling until it is resolved. Your data is not deleted for non-payment without the notice in section 13.

1. 5.1The free plan includes a one-off allowance of minutes and messages. It does not renew, and it is granted once per store, ever - reinstalling does not grant it again.
2. 5.2When the allowance runs out, the assistant stops answering. We warn you before it does.
3. 5.3A free plan gets a phone number, which we hold for a short grace period after the allowance is exhausted and then release. A released number cannot be recovered; upgrading afterwards assigns a new one and restores your settings.
4. 5.4Uploading contact lists is not available on the free plan.

1. 6.1Having permission to contact the people you contact. This is the important one, and the Acceptable Use and Calling Policy sets out what that means in each market. Calling people without permission is unlawful in the US, the UK and the EU, and the exposure is significant.
2. 6.2What the assistant is configured to say, and the limits you set on what it may offer or agree to. Within those limits, what it agrees to on a call is your commitment to your customer.
3. 6.3Telling your own customers, in your own privacy policy, that calls may be answered or made by an AI assistant and may be recorded.
4. 6.4The accuracy of what you upload, and having the right to upload it.
5. 6.5Complying with the law that applies to your business and your customers.

1. 7.1We provide a phone number for your store through our telephony provider. It is assigned to you for use with the service; you do not own it, and it is not portable away from us.
2. 7.2Some countries require identity or address documents before a number can be issued. We will ask for what is needed, and cannot shorten the carrier’s review.
3. 7.3When your agreement ends, the number is released after a short grace period. Do not print it on packaging or advertise it as your permanent number without telling us.
4. 7.4We may need to change a number where a carrier or regulator requires it. We will give you as much notice as we get.
5. 7.5Numbers are a shared resource in one specific sense: if calls from our range are reported as spam, every merchant using it suffers. That is why the abuse provisions in the Acceptable Use Policy exist and why we enforce them.

1. 8.1You are the controller of your customers’ personal data; we are your processor. The terms are in the Data Processing Agreement, which forms part of this agreement.
2. 8.2What we do with your own data is in the Privacy Policy.
3. 8.3We do not use your data, or your customers’ data, to train artificial intelligence models, and we impose the same on our suppliers.

1. 9.1We own Otengo - the software, the interface, the prompts and everything we build. Nothing here transfers it to you.
2. 9.2You own your content: your store data, your greetings, your flow settings, your call records. You give us the licence needed to run the service for you, and no more.
3. 9.3You may not copy, decompile or resell the service, or use it to build a competing product.
4. 9.4If you send us feedback, we can use it without owing you anything. It is feedback, not a contribution of intellectual property.

1. 10.1The service is provided as is and as available. We work to keep it running well, but we do not guarantee uninterrupted or error-free operation, and we do not offer a contractual uptime commitment.
2. 10.2It depends on things outside our control - telephone networks, Shopify, our suppliers. An outage in any of them can stop calls being answered.
3. 10.3Support is by email at info@otengo.com. We aim to reply within one business day.
4. 10.4We may change or discontinue features. If we remove something you rely on, we will tell you first.

1. 11.1Neither side excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
2. 11.2We are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of goodwill.
3. 11.3Our total liability in any 12-month period is limited to the fees you paid for the service in that period.
4. 11.4We are not liable for what the assistant says beyond the limits you configured, for calls made to people you did not have permission to call, or for decisions you take on the basis of the reporting.

You will cover our losses, including fines, carrier penalties, legal costs and the cost of replacing phone numbers that get blocked, where they arise from your breach of the Acceptable Use and Calling Policy - in particular contacting people you did not have permission to contact, or uploading a list you did not have the right to upload.

This is not boilerplate. Calling without permission produces liability per call, and the person who chose the audience should carry it.

1. 13.1You can uninstall at any time, from Shopify. There is no minimum term and no cancellation fee.
2. 13.2We can end the agreement on 30 days’ notice, or immediately if you breach the Acceptable Use Policy, use the service unlawfully, or do not pay.
3. 13.3We can suspend calling immediately, without notice, where we reasonably believe people are being contacted without permission or our numbers are being harmed. Inbound answering usually continues while we look into it.
4. 13.4When you uninstall, your customers’ personal data is deleted within 48 hours. Your configuration is kept for up to 30 days so a reinstall restores your setup, then deleted. Export anything you want to keep before you uninstall.
5. 13.5The suppression list is not deleted, for the reason given in the Data Processing Agreement.
6. 13.6Sections on liability, indemnity and intellectual property survive termination.

1. 14.1We may change these terms. Material changes are notified in the app before they take effect, and continuing to use Otengo afterwards means accepting them.
2. 14.2If a change is forced by law or by Shopify’s requirements, it may take effect on the date those do.
3. 14.3If you do not accept a change, uninstall before it takes effect.

1. 15.1This agreement is governed by the law of the Republic of Lithuania, where we are established.
2. 15.2Disputes go to the courts of Vilnius, Lithuania. Either side may still seek urgent injunctive relief wherever it is needed.
3. 15.3Nothing here removes a data protection right you have under your own local law, or the right to complain to your own supervisory authority.
4. 15.4If any provision is unenforceable, the rest continues to apply.