Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the Konfirm Shopify application (the "App"), developed and operated by Pacific Softwares ("we", "us", or "our"). By installing or using the App, you ("Merchant") agree to be bound by these Terms. If you do not agree, do not install or use the App.

1. Description of Service

Konfirm is a Shopify application that automatically sends a one-time password (OTP) to customers who place Cash on Delivery (COD) orders. The OTP is delivered via SMS (through MSG91 or Twilio) and/or Email (through your configured SMTP provider). The customer enters the OTP to confirm or cancel their order, and the result is applied as a tag on the Shopify order.

The App is a tool for Shopify merchants. It does not process payments, fulfil orders, or act as a courier or logistics provider.

2. Eligibility and Account

• You must have a valid, active Shopify store to install and use the App.
• You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of your business.
• You are responsible for maintaining the security of your Shopify account and any third-party credentials (MSG91, Twilio, SMTP) you configure in the App.
• You must notify us immediately at hello@pacificsoftwares.com if you suspect any unauthorised access to your account.

3. Free Plan and Paid Plan

3.1 Free Plan

• The Free plan allows up to 30 COD confirmations per calendar month per store.
• The counter resets on the 1st of each month.
• Once the limit is reached, no further OTPs will be sent until the counter resets or you upgrade to the Pro plan.
• The Free plan is provided as-is with no uptime guarantee or priority support.

3.2 Pro Plan

• The Pro plan provides unlimited COD confirmations, retry logic, auto-cancel, and priority support.
• Billing is managed by Shopify's recurring application charge system at the rate displayed at the time of upgrade (currently $4.99 USD / ₹399 per month).
• A 7-day free trial is included for new Pro subscribers. You will not be charged until the trial ends.
• You may cancel the Pro plan at any time from your Shopify admin. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused time.
• We reserve the right to change Pro plan pricing with at least 30 days' notice to active subscribers.

3.3 SMS and Email costs

Konfirm does not charge for SMS or email delivery. However, you are responsible for any costs charged by your SMS provider (MSG91 or Twilio) and your email/SMTP provider for messages sent through your account. These costs are billed directly by those providers and are not included in Konfirm's subscription fee.

4. Merchant Responsibilities

You agree that you are solely responsible for:

• Ensuring you have the legal right to send SMS and/or email communications to your customers in your jurisdiction.
• Obtaining any regulatory approvals required for transactional SMS in your country (e.g. DLT registration for India).
• Providing accurate SMS provider and SMTP credentials in the App settings.
• The content of any custom message templates you configure in the App.
• Informing your customers in your store's privacy policy that they will receive OTP messages after placing a COD order.
• Complying with all applicable laws, including consumer protection, data protection (GDPR, CCPA), and telecommunications regulations.
• Any fulfilment decisions made based on the order tags applied by Konfirm.

5. Acceptable Use

You agree not to use the App to:

• Send spam, unsolicited, or fraudulent communications to customers.
• Circumvent any rate limits, security measures, or access controls.
• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Resell, sublicense, or white-label the App without our prior written consent.
• Use the App in any way that violates Shopify's Partner Programme Agreement or API Terms of Service.
• Engage in any activity that could harm, disable, overburden, or impair our servers or third-party services.

6. Intellectual Property

All intellectual property rights in the App — including source code, design, trademarks, and documentation — are owned by Pacific Softwares or its licensors. Your installation of the App grants you a limited, non-exclusive, non-transferable, revocable licence to use the App solely for the purpose of managing COD order confirmations on your Shopify store.

You retain all ownership of your store data, customer data, and any custom message templates you create.

7. Third-Party Services

The App integrates with Shopify, MSG91, Twilio, and your chosen SMTP provider. These are independent services with their own terms and privacy policies. We are not responsible for the availability, accuracy, or conduct of any third-party service. Your use of those services is subject to their respective terms.

8. Availability and Uptime

We aim to keep the App available at all times but do not guarantee 100% uptime. The App may be temporarily unavailable due to scheduled maintenance, unplanned outages, Shopify API issues, or third-party provider failures. We will make reasonable efforts to notify merchants of planned maintenance.

We are not liable for any losses arising from App downtime, delayed OTP delivery, or missed order verifications.

9. Disclaimer of Warranties

SMS and email delivery is subject to the reliability and policies of third-party providers (MSG91, Twilio, your SMTP service). We do not guarantee delivery of any message.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Pacific Softwares and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of revenue, profits, or business opportunities
• Loss of data or goodwill
• Costs of substitute services
• Any RTO losses, fulfilment errors, or customer disputes arising from the use or inability to use the App

Our total aggregate liability to you for any claims arising out of or relating to these Terms or the App shall not exceed the amount you paid to us in the 3 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pacific Softwares and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the App in violation of these Terms
• Your violation of any applicable law or regulation
• Any claim by a third party (including your customers) relating to OTP messages sent through your account
• Any inaccurate or misleading content in your custom message templates

12. Termination

12.1 By you

You may terminate your use of the App at any time by uninstalling it from your Shopify admin. Uninstalling the App cancels any active subscription at the end of the current billing period.

12.2 By us

We reserve the right to suspend or terminate your access to the App, with or without notice, if:

• You breach these Terms
• Your Shopify store is suspended or terminated
• We reasonably believe your use of the App is causing harm to other users, third parties, or our infrastructure
• We discontinue the App (with at least 30 days' notice to active subscribers)

12.3 Effect of termination

Upon termination, your licence to use the App ends immediately. Your data will be retained for 48 hours and then permanently deleted in accordance with our Privacy Policy.

13. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect any changes. For material changes, we will provide at least 14 days' notice via email or an in-app notification. Continued use of the App after the effective date constitutes your acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

Before initiating any legal proceeding, both parties agree to attempt to resolve any dispute informally by contacting hello@pacificsoftwares.com and allowing 30 days for resolution.

15. General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Pacific Softwares regarding the App.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
• Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including internet outages, Shopify API changes, SMS provider failures, or natural events.

16. Contact Us

For questions about these Terms, please contact:

• Email: hello@pacificsoftwares.com
• Company: Pacific Softwares
• Response time: Within 2 business days