1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and DATA MONTANA, a company registered in France at 60 Rue François 1er, 75008 Paris (“Company”, “we”, “us”), governing your use of the QuillCart platform and services (“Services”).
By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.
2. Description of Services
QuillCart provides:
- AI-Powered WhatsApp Agents: Automated conversational agents for customer service and sales
- E-Commerce Management: Store creation, product catalog management, order processing
- WhatsApp Business Integration: Connection to WhatsApp Business API via Meta Cloud API or Twilio
- Payment Processing: Integrated payment collection via Stripe Connect
- Phone Number Services: Purchase and management of WhatsApp-enabled phone numbers
- Consultant Program: Partner program for resellers and consultants
3. Eligibility
To use QuillCart, you must:
- Be at least 18 years of age
- Have the legal authority to enter into binding contracts
- Not be prohibited from using our Services under applicable law
- Provide accurate and complete registration information
- Comply with WhatsApp Business Platform terms and Meta policies
4. Account Registration
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Keeping your account information accurate and up-to-date
We reserve the right to suspend or terminate accounts that violate these Terms.
5. Acceptable Use
You agree NOT to use QuillCart to:
- Violate any laws, regulations, or third-party rights
- Send spam, unsolicited messages, or bulk messaging
- Sell illegal products or services
- Engage in fraud, deception, or misleading practices
- Impersonate any person or entity
- Distribute malware, viruses, or harmful code
- Interfere with or disrupt our Services or infrastructure
- Circumvent any security measures or access controls
- Scrape, harvest, or collect data without authorization
- Violate WhatsApp Business Policy or Meta Platform Terms
6. Fees and Payment
6.1 Pricing
QuillCart uses a pay-as-you-go credit system. Current pricing is displayed in your account dashboard. We reserve the right to modify pricing with 30 days' notice.
6.2 Credits
- Credits are prepaid and non-refundable
- Credits are used for messaging, AI processing, and phone number costs
- Unused credits are forfeited upon account deletion
- Auto-top-up may be enabled to maintain service continuity
6.3 Payment Processing
Payments are processed by Stripe. By providing payment information, you authorize us to charge your payment method. You agree to Stripe's terms of service for payment processing.
6.4 Platform Fees
For payments processed through your connected Stripe account, QuillCart charges a platform fee (currently 3.25%) on successful transactions. This is separate from Stripe's own processing fees.
7. Phone Numbers
When you purchase phone numbers through QuillCart:
- Numbers are provisioned through Twilio and subject to Twilio's terms
- Monthly rental fees apply and are deducted from your credit balance
- Numbers are released upon account deletion and cannot be recovered
- You must comply with telecommunications regulations in your jurisdiction
- WhatsApp verification and Meta Business verification may be required
8. Intellectual Property
8.1 Our Property
QuillCart, including its software, design, features, and content, is owned by DATA MONTANA and protected by intellectual property laws. You receive a limited, non-exclusive license to use the Services as permitted by these Terms.
8.2 Your Content
You retain ownership of content you create (products, store content, etc.). By uploading content, you grant us a license to host, display, and process it as necessary to provide the Services.
9. AI and Automated Systems
QuillCart uses artificial intelligence to power conversational agents. You acknowledge that:
- AI responses may not always be accurate or appropriate
- You are responsible for configuring and monitoring your AI agents
- You must review and customize agent prompts for your business
- AI-generated content should be reviewed before use in critical contexts
- We are not liable for AI responses or decisions made by your agents
10. Third-Party Services
QuillCart integrates with third-party services including:
- Meta/WhatsApp Business Platform
- Twilio
- Stripe
- Shopify (optional integration)
- Groq (AI inference)
Your use of these services is subject to their respective terms. We are not responsible for third-party service availability, changes, or issues.
11. Consultant Program
If you participate in our Consultant Partner Program:
- Commissions are earned on referred client revenue as specified in the program terms
- Commissions have a 30-day hold period before becoming available for payout
- Payouts are processed via Stripe Connect to your connected bank account
- Unpaid commissions are forfeited upon account deletion
- We may modify commission rates with 30 days' notice
- You must accurately represent QuillCart and not make false claims
12. Termination
12.1 By You
You may delete your account at any time through the Settings page. See our Data Deletion page for details.
12.2 By Us
We may suspend or terminate your account if you:
- Violate these Terms or applicable laws
- Fail to pay fees when due
- Engage in fraudulent or abusive behavior
- Violate WhatsApp/Meta policies causing risk to our platform
12.3 Effect of Termination
Upon termination:
- Your access to the Services will be revoked
- Phone numbers will be released
- Unused credits are forfeited (no refund)
- Unpaid commissions are forfeited
- Your data will be deleted per our Privacy Policy
13. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA MONTANA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify and hold harmless DATA MONTANA, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you create or upload
- Your AI agent's interactions with customers
16. Governing Law and Disputes
These Terms are governed by the laws of France. Any disputes shall be resolved by the competent courts of Paris, France.
For EU consumers: You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
17. Changes to Terms
We may modify these Terms at any time. Material changes will be notified via email or through the platform at least 30 days in advance. Your continued use after changes constitutes acceptance.
18. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and us.
- Severability: If any provision is found invalid, the remaining provisions remain in effect.
- Waiver: Failure to enforce any right does not waive that right.
- Assignment: You may not assign these Terms without our consent.
- Force Majeure: We are not liable for failures due to circumstances beyond our control.
19. Contact
For questions about these Terms: