1. Acceptance
By signing up for or using Fetolsa Chat ("the Service"), you ("Merchant", "you") agree to these Terms of Service ("Terms") with Fetolsa LLC ("Fetolsa", "we", "us"), a Wyoming, USA limited liability company with principal office at 30 N Gould St, Ste R, Sheridan, Wyoming 82801, United States. If you don't agree, don't use the Service.
Although Fetolsa is incorporated in the United States, the Service is targeted at and operated for the Nigerian market. We submit voluntarily to Nigerian law for purposes of consumer protection, data protection, and dispute resolution arising out of the Service, as set out below.
These Terms govern the merchant relationship. Customers messaging your WhatsApp number are subject to your own customer terms, not these — though they are protected by our Privacy Policy.
2. The Service
Fetolsa Chat provides:
- An AI-powered WhatsApp ordering bot that runs on your WhatsApp Business number
- A backend for menu management, branch routing, and customer database
- Integration with Paystack for payment processing
- A merchant dashboard for usage tracking, conversation review, and reporting
- Integration with the broader Fetolsa platform (POS V3, ERP, kitchen printing) at your option
The Service depends on third-party platforms (Meta/WhatsApp, Anthropic, Paystack) that we do not control. Outages or policy changes by these providers may affect the Service.
3. Eligibility
To use Fetolsa Chat, you must:
- Be a registered business in Nigeria with valid CAC registration
- Be 18 years or older
- Have authority to bind the business you are signing up
- Operate in a category permitted by Meta's WhatsApp Business Messaging Policy
We may decline or terminate accounts at our discretion if we determine you do not meet eligibility, including during the trial period.
4. Account and authentication
When you sign up via Meta's Embedded Signup, you grant Fetolsa limited permission to manage your WhatsApp Business Account (specifically: send messages, register phone numbers, manage templates, read metrics) for the purpose of operating the Service. You can revoke this permission at any time via Meta's Business Settings, which will disable the Service for your account.
You are responsible for maintaining the confidentiality of your dashboard login credentials and any access tokens granted to your account.
5. Fees and payment
Subscription
Fetolsa Chat is provided on a flat monthly subscription basis. The current pricing is:
- Starter: ₦49,900/month
- Growth: ₦99,900/month
- Pro: ₦199,900/month
Prices are inclusive of all applicable Nigerian taxes (VAT) unless stated otherwise. We reserve the right to update prices with 30 days' notice; existing subscriptions are locked at their current rate for the remainder of any prepaid period.
Free trial
New merchants receive a 30-day free trial of their selected tier. No card is required to start the trial. If you do not subscribe by the end of the trial, the Service is disabled. Trial usage may be limited at our discretion to prevent abuse.
Billing
Subscriptions are billed monthly via Paystack subscriptions, charged to the card on file. Billing begins on day 31 (trial end). If a payment fails, we will retry over a 7-day grace period before suspending the Service. After 30 days of non-payment, accounts may be permanently closed.
Customer Service fee
Customers using the Service pay a transparent "Service fee (processing)" line item at checkout that covers Paystack's payment processing cost (1.5% + ₦100, capped at ₦2,000 per transaction). This fee is paid by the customer, processed by Paystack, and does not accrue to Fetolsa. You, the merchant, receive 100% of your menu prices.
Refunds
The monthly subscription fee is non-refundable except where required by law. If the Service is materially unavailable for an extended period due to our fault, we may issue a pro-rated credit at our discretion. We do not refund for usage in completed billing cycles.
Cancellation
You may cancel anytime via the dashboard. The Service continues until the end of the current billing cycle, after which the bot is disabled and your data is retained for 90 days for potential reactivation before being deleted.
6. Merchant responsibilities
You agree to:
Comply with Meta's policies
You must comply with the WhatsApp Business Messaging Policy and WhatsApp Commerce Policy. Specifically:
- Only message customers who have given you their phone number and consented to be contacted by you.
- Maintain accurate business profile information.
- Not impersonate other businesses or send misleading content.
- Not send spam, unsolicited promotional content, or messages outside the 24-hour customer service window unless using an approved template.
Repeated violations of Meta's policies may result in your WABA being suspended by Meta, which Fetolsa cannot reverse.
Maintain accurate content
You are responsible for the accuracy of your menu items, prices, descriptions, and availability; honouring all orders received via the Service at the prices stated; promptly updating menu items when availability changes; and fulfilling delivery commitments shown to customers.
Customer service
While the AI bot handles most conversations, you are responsible for responding to escalations the bot cannot handle, resolving order issues, refund requests, and complaints, and maintaining your own published refund/cancellation policy.
Data protection
You are the data controller for your customers' personal data. You agree to maintain your own customer-facing privacy policy where applicable, collect explicit opt-in for any marketing template messages, comply with the NDPR/NDPA in your treatment of customer data, and honour customer requests to be forgotten.
Pay on time
Subscription fees must be paid by the billing date. Failure to pay leads to service suspension after a 7-day grace period.
7. Prohibited use
You may not use Fetolsa Chat to:
- Sell anything prohibited by Meta's Commerce Policy (firearms, drugs, adult products, gambling, etc.)
- Send unsolicited messages to people who have not opted in
- Impersonate another business or individual
- Engage in fraud, deception, or harassment
- Bypass the Service to scrape or extract Fetolsa intellectual property
- Resell or sublicense the Service without our written agreement
- Probe, attack, or otherwise compromise our systems
Violation of this section is grounds for immediate suspension without refund.
8. Intellectual property
You retain all rights to your menu content, brand, logos, customer data, and order history. Fetolsa retains all rights to the Service code, AI prompts, dashboard interface, and infrastructure. During your subscription, you receive a non-exclusive, non-transferable license to use the Service for your business. We may use your business name and (with your permission) a brief case study as a customer reference; opt-out by emailing partnerships@fetolsa.app.
9. Service availability and limitations
We aim for high availability but do not guarantee uninterrupted Service. Scheduled maintenance is typically performed in low-traffic windows with notice where possible. The Service depends on Meta/WhatsApp, Anthropic, and Paystack — outages by these providers will cascade to the Service. We provide no specific uptime SLA on Starter or Growth tiers; Pro tier includes a target of 99.5% uptime with credit-back on outages exceeding 4 hours.
The bot is AI-powered and will occasionally misunderstand customers, fail to upsell correctly, or escalate edge cases. You acknowledge this is inherent to AI systems and accept it as part of the Service.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY NIGERIAN LAW.
11. Limitation of liability
To the maximum extent permitted by law, Fetolsa's total liability to you for any claim arising out of or related to the Service is limited to the amount you paid Fetolsa in the 12 months preceding the claim.
We are not liable for indirect, consequential, special, or punitive damages; loss of profits, revenue, goodwill, or business opportunity; acts or omissions of third parties (Meta, Paystack, Anthropic, customers); or loss of data caused by your failure to maintain backups of data we provide export tools for.
12. Indemnification
You agree to indemnify and hold Fetolsa harmless from claims arising out of your violation of these Terms or Meta's policies, your content (menu, prices, business communications), your interactions with your customers (including complaints, refund disputes, food safety issues), and your violation of applicable Nigerian law.
13. Termination
Either party may terminate the agreement:
- By you: anytime, via the dashboard. Service ends at the current billing cycle.
- By us: for violation of these Terms, with notice except in cases of material breach.
- Automatic: non-payment of subscription fee after the grace period.
On termination, your data is retained for 90 days for potential reactivation, then permanently deleted (except records required by Nigerian tax law, which are retained for 7 years).
14. Changes to these Terms
We may update these Terms. Material changes will be notified to you via email at least 30 days before they take effect. Continued use of the Service after notice constitutes acceptance.
15. Governing law and dispute resolution
These Terms are governed by the laws of the Federal Republic of Nigeria. Disputes will be resolved as follows:
- Informal resolution — contact legal@fetolsa.app first; we will respond within 14 days.
- Mediation — if unresolved, both parties agree to attempt mediation in Abuja before litigation.
- Courts — exclusive jurisdiction of the courts of the Federal Capital Territory, Abuja.
16. Miscellaneous
- Severability: if any clause is unenforceable, the rest stays in effect.
- Entire agreement: these Terms plus the Privacy Policy are the complete agreement between you and Fetolsa regarding the Service.
- Assignment: you cannot assign your rights without our written consent. Fetolsa may assign to a successor entity on notice to you.
- Force majeure: neither party is liable for failures caused by events outside their reasonable control.
17. Contact
General: hello@fetolsa.app
Legal: legal@fetolsa.app
Principal office:
Fetolsa LLC
30 N Gould St, Ste R
Sheridan, Wyoming 82801
United States
Mailing address (USA):
17346 Texas Willow Dr
Tomball, Texas 77377-2949
United States