Terms of Service

1. Who we are

OnMyWay is operated by Send On My Way. Email: support@sendonmyway.com. Polar Software Inc. sells OnMyWay as our reseller and merchant of record (section 5).

2. What OnMyWay does

OnMyWay lets you send your clients an “on my way” message with a live arrival estimate and a tracking page, and a Google review request when the job is done, from your own WhatsApp number. It also keeps your job history and shows your Google rating. We don't guarantee any particular number of reviews, rating, jobs or other business results.

3. Your account

• Keep your password to yourself and tell us if you think someone else has it. You are responsible for everything done from your account.
• Keep your business details accurate — they appear in every message to your clients.
• One account is for one business. Don't share it, resell it or let others send messages through it.

4. Messaging your clients

• Only message clients who gave you their number and agreed to hear from you on WhatsApp about their job — for example, by asking when they book. The app asks you to confirm this for every job, and we keep that confirmation. If a client asks you to stop, however they ask, stop.
• You're responsible for following the data protection and messaging laws that apply to you and your clients, including telling your clients how you use their details.
• Messages go out from your own WhatsApp number, through a server we run that links to it the way WhatsApp Web does. It isn't WhatsApp's official business service, and WhatsApp hasn't approved it. WhatsApp's own rules apply to your number: it doesn't allow marketing or mass messages, and it can restrict or ban numbers it believes break its rules, including numbers linked to apps it hasn't approved. We keep messages personal and one at a time, but we can't control WhatsApp's decisions and aren't responsible if it restricts or bans your number.
• OnMyWay is designed for service messages about your own jobs: letting a client know you're on your way, updates about their visit, and a review request once the job is done. Don't use it for marketing, promotions or mass messages, or for anything unlawful, abusive, misleading or that infringes someone else's rights.
• Ask for reviews honestly: offer nothing in return, don't ask for a rating or particular words, don't choose whom to ask by whether you expect a good review, and never write, buy or edit reviews. Skip a review request only for a neutral reason — the client asked you not to, or the job wasn't finished.
• The content of your messages and the details you enter are yours. You give us permission to store, process and send them, which is all we do with them.

5. Subscription and payment

• New accounts get a free trial of 14 days with no card required. After that, OnMyWay costs £24.99 per month plus the VAT, GST or sales tax that applies where you are.
• The subscription renews automatically every month until you cancel. If you subscribe with trial days remaining, your card is not charged until they run out; the checkout page shows the first payment date before you enter a card.
• Polar sells OnMyWay to you as our reseller and merchant of record: Polar takes payment, charges the tax, issues invoices and handles refunds and chargebacks, and Polar's buyer terms apply to the purchase.
• You can cancel at any time from Settings → Manage billing. Cancelling stops the next renewal: you keep full access until the end of the month you've already paid for, and your subscription ends then. We don't refund the current month or any part of it, unless Polar decides to under its buyer terms or the law requires it.
• If a payment fails, Polar retries it and your access continues meanwhile. If it can't be collected, your access stops until you subscribe again; your account and data stay as described in our Privacy Policy.
• We may change the price with at least 30 days' notice in the app or by email; the new price applies from your next renewal after that notice.

6. Your data, your clients' data, and our data processing terms

Our Privacy Policy explains how we handle personal data; it is not part of this agreement, except where this section refers to it. You own your data. For your own account we are the data controller. For the details you enter about your clients, you are the data controller and we are your processor, on the following terms (the terms data protection law requires between a business and its processor):

• Scope. We store your clients' names, phone numbers, visit addresses (and their map positions) and notes; send the messages you trigger; show your clients their tracking page and note whether they opened it or tapped the review link; and, while WhatsApp is linked, log incoming calls to your number. The people concerned are your clients and people who call your WhatsApp number. We do this for as long as you have an account, only to provide OnMyWay to you.
• Instructions. We process that data only on your instructions — using the app's features is the instruction — and we will tell you immediately if we believe an instruction breaks the law. If the law requires us to do something else with the data, we'll tell you first unless the law forbids it.
• Confidentiality and security. Anyone we let access the data is bound by confidentiality, and we keep the security measures described in the Privacy Policy.
• Sub-processors. You authorise the services listed as working for us in section 5 of the Privacy Policy. We bind each of them by contract to protect the data as these terms require, and we remain responsible for them. We will give at least 30 days' notice in the app before adding one; if you object, you may end this agreement and delete your account before the change takes effect. You also instruct us to pass data to the services listed there as working under their own terms — WhatsApp, through your own account, and Google Maps, to find addresses and estimate travel times.
• Help with your obligations. We will help you respond to your clients' requests and complaints about their data, and with your security, breach and impact-assessment duties, as far as the app allows.
• Breaches. We will tell you without undue delay if we become aware of a personal data breach affecting your clients' data.
• Deletion. When you delete your account, the data is deleted immediately and leaves backups within 30 days. You can export your job history on request before you do.
• Showing compliance. We will answer reasonable written questions about how we handle the data and provide our records; if you need an audit, we will accommodate one a year, on 30 days' notice, at your cost, in a way that doesn't expose other customers' data.
• Transfers. Data is transferred abroad only as described in the Privacy Policy, under the safeguards described there.

7. Arrival estimates

Arrival times are estimates based on your location when you tap “On My Way” and typical travel times. They are a courtesy to your client, not a promise, and we are not liable if you arrive at a different time.

8. Intellectual property

OnMyWay — the app, its design, its code and its name — belongs to us and our licensors. You may use it to run your business while you have an account. Don't copy it, reverse-engineer it, resell it or use it to build a competing product. Your data and your messages stay yours, and we keep them confidential.

9. Availability and changes

We provide OnMyWay with reasonable care and skill and aim to keep it running all the time, but it depends on services we don't control (WhatsApp, Google, mobile networks), so we don't promise uninterrupted service, and we aren't responsible for failures caused by events outside our reasonable control. We may change or retire features with notice where the change is significant, or straight away where the law, security, or WhatsApp's or Google's rules require it. You should have another way to reach your client if a message doesn't go through — the app tells you when a send fails.

10. Liability

• We are not liable for loss of profit, revenue, business, goodwill or reputation (whether direct or indirect), or for any other indirect loss, arising from your use of OnMyWay.
• Our total liability to you for anything arising under these terms in any 12-month period is limited to the amount you paid in that period, or £100 if that is more.
• You will cover us for claims, and our reasonable costs (including legal fees), that arise from messages you send in breach of section 4 or from client details you had no right to give us.
• Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud.
• If you are an individual using OnMyWay for purposes wholly outside your trade or business, nothing in these terms affects your statutory consumer rights.

11. Ending the agreement

You can delete your account at any time from Settings. We may suspend or close an account that breaks these terms, or that is used in a way that puts clients, other customers or our WhatsApp infrastructure at risk — straight away if that is needed to stop harm, otherwise after a warning. We will tell you why. If we stop offering the service, we will give you at least 30 days' notice. Whenever we end your access before the end of a period you have paid for, we refund the unused part. If we close your account, we delete its data within 30 days unless you delete it sooner.

12. Changes to these terms

If we change these terms materially we will show a notice in the app at least 14 days before the change applies. Continuing to use OnMyWay after that means you accept the new terms; if you don't, delete your account before they apply.

13. The legal bits

• These terms are the whole agreement between us about OnMyWay; nothing else we've said, including on our website, forms part of it.
• If any part of them is found unenforceable, the rest still applies.
• If we don't enforce a term straight away, we can still enforce it later.
• We may transfer this agreement to a successor to the business; you may not transfer your account without our agreement.
• Notices to you go to your account email; notices to us go to support@sendonmyway.com.
• No one other than you and us has rights under these terms.
• They are governed by the law of England and Wales, and its courts have exclusive jurisdiction.