Terms of Service
Draft effective date: 12 August 2026 · These terms must be completed with Shareek's legal entity details and reviewed by Iraqi legal counsel before use.
1. Agreement and service
These Terms of Service form an agreement between the business customer accepting them (Customer) and the Shareek legal entity named on the applicable order form or invoice (Shareek). They govern Customer's use of Shareek's software, including lead and call workflows, authorised business messaging tools, dashboards, reporting, and support (the Service).
A person accepting these terms for a Customer confirms that they are authorised to bind that Customer. An order form, signed agreement, or approved online account may add commercial details. If it conflicts with these terms, that document controls only for the stated conflict.
2. Accounts and authorised users
Customer must provide accurate account information and keep its login credentials secure. Customer is responsible for its authorised users, their activity, and promptly removing access when a person leaves or changes role. Shareek may suspend access that creates a security, legal, or platform-compliance risk.
3. Customer data and permissions
Customer retains its rights in the business, lead, customer, call, and message data it provides to or creates through the Service (Customer Data). Customer gives Shareek only the limited permission needed to host, secure, support, and provide the Service, as described in these Terms and the Data Processing Agreement.
Customer is responsible for ensuring it has a lawful basis to collect, use, and share Customer Data with Shareek, including any required notices and consents for calls, recordings, and messages. Customer must not upload unlawful, infringing, or deceptive content.
4. WhatsApp and other third-party platforms
Where Customer chooses to connect a WhatsApp Business Account, phone number, or another third-party account, Customer must complete Shareek's written or in-product authorisation process. Customer remains responsible for its relationship with Meta, its WhatsApp account, its phone number, customer opt-in, approved templates, and compliance with applicable platform terms and policies.
Shareek does not own Customer's WhatsApp Business Account or phone number and is not Meta's agent, representative, employee, or guarantor. Meta and other platforms may independently restrict, reject, or suspend an account, template, or message. Shareek will reasonably assist within the scope of the Service but cannot promise a platform approval or uninterrupted platform availability.
5. Acceptable use
Customer must not use the Service to send spam, evade platform restrictions, violate privacy or consumer-protection laws, impersonate another person, distribute malware, or interfere with the Service. Customer must honour opt-outs and must not initiate WhatsApp business messages outside the applicable customer-service window unless it has the required customer opt-in and uses an approved template.
6. Fees and term
Fees, billing dates, taxes, and the initial term are stated in the applicable order form or invoice. Unless that document says otherwise, fees are due in advance and non-refundable except where law requires. Either party may end the Service by the notice period stated in the order form; either party may end immediately for a material breach that is not fixed within 15 days after written notice.
7. Security, support, and changes
Shareek will use reasonable administrative, technical, and organisational safeguards appropriate to the Service. Customer must promptly tell Shareek about suspected unauthorised access. Shareek may update the Service to maintain security, improve functionality, or meet legal and platform requirements. Where a material change substantially reduces a paid core function, Shareek will use reasonable efforts to give advance notice.
8. Confidentiality
Each party must protect the other party's non-public business, technical, and customer information with reasonable care and use it only to perform this agreement. This does not cover information that is public without breach, already known lawfully, independently developed, or required to be disclosed by law.
9. Intellectual property
Shareek retains all rights in the Service, its software, branding, and documentation. Subject to these terms and payment of fees, Shareek grants Customer a limited, non-exclusive, non-transferable right for its authorised users to use the Service during the subscription term. Customer may not copy, resell, reverse engineer, or build a competing service from the Service except where law does not allow that restriction.
10. Disclaimers and liability
The Service is provided on an “as available” basis. To the extent permitted by law, Shareek disclaims implied warranties including merchantability, fitness for a particular purpose, and non-infringement. Shareek does not promise any sales outcome, lead conversion, platform approval, or uninterrupted third-party service.
To the extent permitted by law, neither party is liable for indirect, special, incidental, consequential, or lost-profit damages. Shareek's total liability arising from the Service is limited to the fees Customer paid Shareek for the affected Service in the 12 months before the event. These limits do not apply where they cannot legally apply, or to Customer's unpaid fees and misuse of the Service.
11. Ending the service and data return
On termination, Customer's right to use the Service ends. On written request made within 30 days, Shareek will provide a reasonable export of Customer Data that is available through the Service, unless law or a platform prevents it. Shareek will then delete or anonymise Customer Data according to the DPA and its retention obligations.
12. General
These terms and the DPA are the complete agreement about the Service. Customer may not transfer this agreement without Shareek's written consent, except in a genuine merger or sale of substantially all assets. Shareek may transfer it to an affiliate or successor. If part is unenforceable, the rest remains effective. Notices must be sent to the contact details on the order form or to [email protected].
Governing-law placeholder: The final signed version must state the agreed governing law, courts, and legal entity address. Do not rely on this draft for a dispute until those details are completed.