Terms of Service

1. Agreement to these terms

OrderCap is provided by Gasty Systems Limited ("OrderCap", "we", "our", or "us"). These Terms of Service ("Terms") are a legal agreement between you ("you" or "your") and Gasty Systems Limited. They govern your access to and use of OrderCap's mobile applications, marketing website (myordercap.com), business tools, customer-facing pages (including public business websites / showcase, order tracking, and receipt submission), and related services (collectively, the "Service").

By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. Staff members invited to a business account must also follow these Terms.

2. What OrderCap is (and is not)

OrderCap is software for businesses to run day-to-day operations. It helps you capture and manage orders, record payments, coordinate staff, track inventory and expenses, publish a public website (showcase) for your work, and keep customers updated — so the shop stays in sync without relying on memory or scattered chats.

OrderCap is a technology provider. We are not a point-of-sale system, payment processor, bank, escrow agent, marketplace operator, or party to sales between you and your customers. We do not hold customer funds, process your customers' card payments, or guarantee that a payment recorded in the app was actually received. You remain solely responsible for your products or services, pricing, fulfilment, refunds, taxes, and customer relationships.

3. Eligibility and accounts

• You must be at least 18 years old (or the age of majority where you live) to register a business account.
• You must provide accurate business and contact information and keep it up to date.
• The business account owner is responsible for managing access to the account and ensuring that users invited to the account (including managers and staff) are authorized to access business information.
• You are responsible for all activity under your account, including actions by staff or agents you invite. A breach by someone you invite is treated as a breach by you.
• You must keep login credentials confidential and notify us promptly of unauthorized access.
• One person or business may not share accounts in a way that circumvents plan limits or security controls.
• You may not sell, transfer, or assign your account without our written consent.

4. Your data and your customers

You own the business content and customer information you enter into OrderCap (orders, customers, products, media, and related records). We do not claim ownership of that data. You grant OrderCap a limited licence to host, process, and display it solely to provide, secure, and improve the Service, as described in our Privacy Policy.

You are responsible for:

• Having a lawful basis to collect and process your customers' information under applicable law, including the Nigeria Data Protection Act, 2023 (NDPA) where it applies
• Telling your customers how you use their data (including use of OrderCap)
• Accuracy of orders, amounts, and payment records you create or approve
• Resolving disputes with your customers about services, prices, or payments
• Not selling, renting, or misusing customer personal data obtained through the Service

5. Acceptable use

You agree to use the Service only for lawful business purposes. You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable regulations
• Upload false receipts, fake payment records, or misleading order information
• Attempt to access another business's data or bypass authentication or access controls
• Reverse engineer, scrape, or overload the Service except as permitted by law
• Introduce malware or interfere with the Service's operation or other users' access
• Use the Service to harass, defraud, spam, or harm others
• Misrepresent your identity or business, or use the Service for money laundering or other financial crime

We may investigate violations and suspend, restrict, or terminate accounts that breach these rules. We may also remove content that violates these Terms or creates risk for the Service or other users.

6. Plans and fees

OrderCap offers a Free plan and paid OrderCap Pro subscriptions. Current subscription plans, pricing, and available features are displayed before purchase in the app and on our website. Prices shown at purchase are charged through the relevant app store (Apple App Store or Google Play) or our web payment provider (for example, Paystack). By starting a paid subscription, you authorize recurring charges for the selected interval until you cancel according to the store or billing portal rules.

• For Apple App Store purchases: payment will be charged to your Apple App Store account upon confirmation of purchase. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel subscriptions through your Apple App Store account settings.
• Google Play and web subscriptions renew according to the billing terms shown at purchase unless cancelled through the applicable store or billing portal.
• Fees are generally non-refundable except where required by law or by the refund policy of the store or payment provider where you purchased.
• Plans, pricing, and included features may change. We will communicate material changes in the app or on our website. Changes do not affect charges already confirmed for the current billing period except as required by the store or applicable law.

These Terms of Service are the EULA for OrderCap. Apple's standard Licensed Application EULA is also available at apple.com/legal/internet-services/itunes/dev/stdeula/.

7. Receipt collection and pay links

OrderCap may provide QR codes or links so your customers can upload bank transfer receipts. You are responsible for displaying those links appropriately, verifying receipts before marking orders paid, and complying with any rules that apply to your business or payment methods.

OrderCap does not guarantee that an uploaded image proves a valid payment. Approval decisions remain yours. We are not responsible for chargebacks, failed transfers, or disputes between you and your customers.

8. Offline use, availability, and sync

The app may work offline and sync when connectivity returns. You are responsible for resolving conflicts or duplicate entries that can occur when multiple devices record data offline. We do not guarantee that sync will be instantaneous or error-free in all network conditions.

The Service is provided on an "as available" basis. We may perform maintenance, release updates, or experience downtime due to technical issues or third-party providers (hosting, app stores, payment providers, messaging platforms). We are not liable for losses caused by downtime or performance issues beyond our reasonable control.

9. Intellectual property

OrderCap and its logos, software, templates, and content (excluding your business data) are owned by us or our licensors and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service for your own business as permitted by these Terms. They do not grant you ownership of our trademarks, software, or brand.

You retain ownership of content you submit. You represent that you have the rights to submit it and that it does not infringe third-party rights. We may remove content that appears to infringe rights or violate these Terms.

10. Third-party services

The Service may link to or integrate with third-party services (for example app stores, Paystack or other billing providers, messaging apps, cloud hosting, and sign-in providers). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party products, outages, settlement delays, or processing errors.

11. Suspension and termination

You may stop using the Service and request account closure at any time by contacting us. We recommend exporting any records you need before you close your account.

We may suspend or terminate your access if you breach these Terms, if required by law, if continued provision creates risk for us or other users, or if we discontinue the Service. Where practical, we will give notice before termination except in cases of serious abuse or legal requirement.

Upon termination, your right to use the Service ends. We may retain certain data as required by law or as described in our Privacy Policy. Provisions that by nature should survive (including disclaimers, limitations of liability, indemnities, and dispute terms) will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost. You should maintain your own backups of records important to your business where appropriate. Insights, reports, and analytics are for informational purposes; verify critical figures before relying on them for tax, investment, or major business decisions.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDERCAP AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) TEN THOUSAND NAIRA (₦10,000), EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY APPLICABLE LAW.

We are not liable for disputes between you and your customers, or for payment failures, chargebacks, or regulatory issues arising from how you run your business.

14. Indemnification

You agree to indemnify and hold harmless OrderCap from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your business data or content, your products or services, your dealings with customers, your violation of these Terms, or your violation of any law or third-party rights.

15. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles, except where mandatory local consumer protection laws apply.

Before filing a formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least fourteen (14) days. If we cannot resolve it informally, either party may seek mediation in Enugu, Nigeria (including through the Enugu State Multi-Door Courthouse where available). Courts in Enugu, Nigeria shall have exclusive jurisdiction over disputes that cannot be resolved informally or by mediation, unless applicable law requires otherwise.

16. Changes to these terms

We may update these Terms from time to time. We will post the updated version on this page and revise the "Last updated" date. Material changes may be communicated through the app or by email. Continued use after changes take effect constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service.

17. General

• These Terms, together with the Privacy Policy, are the entire agreement between you and OrderCap regarding the Service.
• If any provision is found unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and OrderCap.
• We are not liable for delay or failure to perform due to events beyond our reasonable control (including natural disasters, war, epidemics, labour disputes, utility or internet failures, or government actions).

18. Apple App Store licensed application terms

If you download or use OrderCap through the Apple App Store, the following additional terms apply. In this section, "Licensed Application" means the OrderCap iOS/iPadOS app obtained from Apple. These clauses are required for custom EULAs under Apple's App Store rules and do not limit your other rights under applicable law.

• Acknowledgement. You and Gasty Systems Limited acknowledge that these Terms (the EULA) are concluded between you and Gasty Systems Limited only, and not with Apple Inc. ("Apple"). Gasty Systems Limited, not Apple, is solely responsible for the Licensed Application and its content. These Terms do not provide usage rules that conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms.
• Scope of licence. The licence granted to you for the Licensed Application is limited to a non-transferable licence to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
• Maintenance and support. Gasty Systems Limited is solely responsible for providing any maintenance and support services for the Licensed Application, as described in these Terms or as required by applicable law. You and Gasty Systems Limited acknowledge that Apple has no obligation to furnish any maintenance or support services for the Licensed Application.
• Warranty. Gasty Systems Limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Gasty Systems Limited's sole responsibility.
• Product claims. You and Gasty Systems Limited acknowledge that Gasty Systems Limited, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Gasty Systems Limited's liability to you beyond what is permitted by applicable law.
• Intellectual property claims. In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Gasty Systems Limited, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, or claims about the Licensed Application should be directed to Gasty Systems Limited using the contact details in the Contact section below (including email, telephone, and postal address).
• Third-party terms. You must comply with applicable third-party terms of agreement when using the Licensed Application (for example, your wireless data service agreement or other network provider terms).
• Third-party beneficiary. You and Gasty Systems Limited acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

19. Contact

Questions, complaints, or claims about OrderCap or these Terms: [email protected] , telephone +234 704 721 5700 , or our contact page. Address: 5 Ozo Michael Street, Independence Layout, Enugu, Nigeria.

OrderCap is provided by Gasty Systems Limited.