Terms of Service

1. About Us and Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website located at tryolani.com and the software-as-a-service application known as Olani ("the Service").

The Service is owned and operated by HIGHPOINT VENTURES PTY LTD (ABN 95 697 123 096) trading as Olani ("we", "us", or "our"), registered in Sydney, New South Wales, Australia.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of a company, partnership, or other legal entity, you represent that you have the authority and capacity to bind that entity to these Terms. If you do not agree, you must not use the Service.

2. Important Disclaimer: WhatsApp and Meta

Olani is an independent software tool. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with WhatsApp LLC, Meta Platforms, Inc., or any of their subsidiaries or affiliates.

The official WhatsApp website can be found at whatsapp.com. The names "WhatsApp" and "Meta", as well as related names, marks, emblems, and images, are registered trademarks of their respective owners. Olani formats standard web links to facilitate deep linking into the WhatsApp application, but does not operate or control the WhatsApp platform.

3. The Service and How It Works

Olani allows businesses to create conversational web forms that collect structured customer responses and package them into pre-formatted WhatsApp chat links. When a customer completes a form, they are provided with a link or QR code that opens WhatsApp with their answers pre-filled, ready to send directly to your designated WhatsApp business number.

You acknowledge that:

• Customer communication happens directly between you and your customer inside WhatsApp.
• Whether a customer sends the pre-filled message once they reach WhatsApp is outside our control.
• You are solely responsible for responding to inquiries and fulfilling orders or bookings made by your customers.

4. Accounts and Security

To use the Service, you must register by providing a valid email address and completing onboarding. You are responsible for maintaining the confidentiality of your login credentials and are responsible for all activities that occur under your account.

You must provide accurate, current, and complete business information, including your correct WhatsApp phone number. If you become aware of any unauthorized use of your account, you must notify us immediately at hello@tryolani.com.

5. Subscription Plans, Billing, and Cancellations

Free Plan: We offer a free plan with a monthly response allowance (such as up to 10 customer responses per calendar month). Allowances reset on the first day of each calendar month UTC.

Paid Subscriptions: If you subscribe to a paid plan (such as Starter, Pro, or Elite), you agree to pay the subscription fees specified at the time of purchase. Subscriptions are billed in advance on a recurring monthly basis via our payment processor, Stripe.

Cancellations: You may cancel your paid subscription at any time directly from the billing section of your dashboard. When you cancel, your subscription will remain active until the end of your current monthly billing period, after which your account will revert to the free plan.

Refund Policy: Except as required by non-excludable provisions of Australian Consumer Law, subscription payments are non-refundable, and we do not provide partial-month, prorated, or retrospective refunds for unused periods or response volume.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit unsolicited commercial messages, spam, or abusive communications.
• Collect sensitive financial data such as credit card numbers or banking passwords via form fields.
• Engage in deceptive, misleading, fraudulent, or phishing activities.
• Sell or promote illegal goods, weapons, controlled substances, or unlawful adult services.
• Interfere with, disrupt, or place an unreasonable load on the Service or our infrastructure.

We reserve the right to suspend or terminate accounts that breach this Acceptable Use Policy without prior notice.

7. Intellectual Property and Content

Our Platform: The Service, its interface, software, designs, logos, and documentation are the exclusive property of Highpoint Ventures Pty Ltd and are protected by Australian and international intellectual property laws.

Your Content: You retain all rights and ownership in the form titles, questions, logos, and customer responses created through your account. You grant us a limited, non-exclusive license to host, store, and display this content solely as necessary to provide and operate the Service for you.

8. Australian Consumer Law & Limitation of Liability

Our goods and services come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law"). Nothing in these Terms excludes, restricts, or modifies any statutory right or guarantee you may have under the Australian Consumer Law.

To the maximum extent permitted by law, where our liability cannot be excluded, our liability for failure to comply with a consumer guarantee is limited to the resupply of the services or the payment of the cost of having the services supplied again.

In no event shall Highpoint Ventures Pty Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption, arising out of or in connection with your use of the Service or the WhatsApp platform.

9. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them for the resolution of any dispute arising out of or relating to these Terms.