1. Acceptance of Terms
By accessing or using the Oishia platform, website, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use the Services.
These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Oishia Inc. ("Oishia," "we," "us," or "our"). We reserve the right to update or modify these Terms at any time, and we will provide notice of material changes via email or an in-app notification. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.
2. Description of Services
Oishia provides a cloud-based commerce operating system that includes, but is not limited to:
• Point of Sale (POS) software for retail and hospitality
• Inventory management and multi-warehouse operations
• Warehouse Management System (WMS) with bin, picking, and packing support
• Delivery management and van sales field application
• B2B and wholesale order management
• Online storefront builder for B2C and B2B ecommerce
• CRM, loyalty, and customer engagement tools
• Native accounting, invoicing, and financial reconciliation
• Analytics, reporting, and business intelligence dashboards
• Enterprise security, role-based access control (RBAC), and audit trails
The specific features available to you depend on the subscription plan you have selected. Oishia reserves the right to modify, add, or remove features from any plan with reasonable prior notice.
3. Account Registration & Responsibilities
To access the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for:
• Maintaining the confidentiality of your login credentials and account security
• All activity that occurs under your account, including actions taken by any sub-users or employees you invite
• Ensuring that all users added to your account comply with these Terms
• Promptly notifying Oishia of any unauthorized access or security breach
You must be at least 18 years of age to create an account. Accounts registered on behalf of a business entity must be managed by an authorized representative of that entity. You may not share your account with third parties or allow multiple unrelated businesses to use a single account.
4. Payment, Billing & Refunds
Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you selected. All fees are non-refundable except as expressly provided in these Terms or required by applicable law.
Payment is due at the beginning of each billing period. If payment fails, your access to paid features may be suspended until payment is resolved. We will make reasonable attempts to notify you of payment failures before suspending your account.
Free Trial: If you begin with a free trial, you will not be charged until the trial period ends. You may cancel at any time during the trial without being charged.
Plan Changes: Upgrades take effect immediately; you will be charged a prorated amount for the remainder of the current billing period. Downgrades take effect at the end of the current billing cycle.
Refunds: Refund requests for annual subscriptions will be considered within 30 days of initial purchase. After 30 days, no refunds are issued. Monthly subscriptions are not eligible for partial-month refunds.
Taxes: All fees are exclusive of applicable taxes. You are responsible for paying all applicable taxes, levies, or duties imposed by taxing authorities.
5. Data Ownership & Privacy
Your Data: All business data you input into Oishia — including products, customers, sales records, inventory, financial records, and any other data — remains your property at all times. Oishia claims no ownership over your business data.
Data Processing: By using the Services, you grant Oishia a limited license to process, store, and transmit your data solely for the purpose of providing the Services to you. We will not sell your business data to third parties.
Data Portability: You may export your data at any time in standard formats (CSV, JSON, or via API). Upon account termination, your data will be available for export for 30 days, after which it will be securely deleted from our systems.
Privacy: Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Security: Oishia implements industry-standard security measures including encryption at rest and in transit, regular penetration testing, and access controls. However, no system is completely secure, and we cannot guarantee absolute security.
6. Acceptable Use Policy
You agree not to use the Services for any unlawful, harmful, or abusive purpose. Specifically, you may not:
• Violate any applicable local, national, or international laws or regulations
• Engage in fraudulent transactions or facilitate money laundering
• Upload, transmit, or store illegal content, including counterfeit goods, illegal substances, or prohibited financial instruments
• Attempt to reverse-engineer, decompile, disassemble, or otherwise access the source code of the Services
• Use the Services to build a competing product or service
• Attempt to gain unauthorized access to any part of the Services, or to other customers' accounts or data
• Interfere with or disrupt the integrity or performance of the Services, including through denial-of-service attacks
• Use automated tools, bots, or scrapers to extract data from the Services without our written consent
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
7. Intellectual Property
Oishia Platform: The Oishia platform, including its software, user interface, design, logos, trademarks, and all content created by Oishia, is owned by Oishia Inc. and is protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of Oishia's intellectual property to you.
License to Use: Subject to these Terms, Oishia grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations during your subscription period.
Feedback: If you submit feedback, suggestions, or ideas regarding the Services, you grant Oishia the right to use such feedback without restriction or compensation to you.
8. Term, Termination & Suspension
These Terms begin on the date you first access the Services and continue until terminated.
Termination by You: You may cancel your subscription at any time from your account settings. Your access will continue until the end of the current billing period. Cancellation does not entitle you to a refund of prepaid fees.
Termination by Oishia: We may suspend or terminate your account with immediate effect if:
• You materially breach these Terms and fail to cure the breach within 10 days of written notice
• You engage in fraudulent activity or abuse of the platform
• We are required to do so by law or court order
• Continued provision of Services to you poses a risk to other customers or to Oishia
Effect of Termination: Upon termination, your right to access the Services ceases immediately. We will retain your data for 30 days after termination to allow for export, after which it will be permanently deleted.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Oishia's total cumulative liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total fees paid by you to Oishia in the twelve (12) months preceding the claim, or (b) $100 USD.
In no event shall Oishia be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of goodwill, even if Oishia has been advised of the possibility of such damages.
This limitation of liability applies regardless of the cause of action, whether in contract, tort, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you to the extent prohibited by law.
10. 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 implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
Oishia does not warrant that the Services will meet your specific business requirements, that the Services will be uninterrupted, timely, secure, or error-free, or that any errors or defects will be corrected.
You assume all responsibility and risk for your use of the Services and any decisions made based on data provided by the Services.
11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions.
Dispute Resolution: In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting Oishia at [email protected]. If the dispute is not resolved within 30 days, either party may pursue legal remedies.
Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Dhaka, Bangladesh, and you consent to personal jurisdiction in such courts.
Class Action Waiver: You agree that any claims against Oishia will be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
12. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any applicable Order Forms or Subscription Agreements, constitute the entire agreement between you and Oishia with respect to the Services.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Oishia's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Oishia's prior written consent. Oishia may assign its rights under these Terms without restriction.
Force Majeure: Oishia shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, or internet infrastructure failures.
Contact: If you have any questions about these Terms, please contact us at [email protected] or write to Oishia Inc., Dhaka, Bangladesh.
Questions about these Terms?
If you have any questions or concerns about our Terms of Service, please don't hesitate to get in touch with our legal team.