Terms of Service

Last Updated: January 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and EightyFive Development ("we," "us," or "our"), a company registered in the United Kingdom, concerning your access to and use of the eightyfive.cloud website, our Shopify Applications (including but not limited to WhatWali and Kountli), our Shopify Themes, and any related services (collectively, the "Services").

By accessing or using our Services, you agree that you have read, understood, and accept to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.

You are granted a limited license to access and use the Services. You may not:

• Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
• Remove any copyright or other proprietary notations from the materials.
• Transfer the materials to another person or "mirror" the materials on any other server.

3. Shopify & Third-Party Platforms

Our Services often function as part of the Shopify ecosystem. By using our Services, you also acknowledge and agree to comply with:

• Shopify's Terms of Service and Acceptable Use Policy.
• For apps interacting with WhatsApp (e.g., WhatWali): WhatsApp Business Terms of Service and WhatsApp Business Policy.

We are not responsible for any violation of third-party terms committed by you. We are not liable for any downtime, data loss, or service interruption caused by Shopify, WhatsApp, or other third-party platforms upon which our Services rely.

4. User Obligations & Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights (including UK and international laws).
• Send unsolicited communications, spam, or engage in harassment.
• Transmit viruses, malware, or harmful code.
• Interfere with or disrupt the integrity or performance of the Services.

5. Limitation of Liability

To the fullest extent permitted by applicable law (including the Consumer Rights Act 2015 where applicable to business-to-business transactions), in no event will EightyFive Development, its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

6. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

7. Governing Law & Jurisdiction

These Terms shall be governed by and defined following the laws of England and Wales. EightyFive Development and yourself irrevocably consent that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

8. Modifications to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.

9. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

EightyFive Development
London, United Kingdom
Email: support@eightyfive.cloud