Terms and conditions – Smartshop Digital

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Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" or "YOUR") AND XPETIZE TECHNOLOGY SOLUTIONS PRIVATE LIMITED, 4TH FLOOR, NILA BUILDING, TECHNOPARK CAMPUS, TRIVANDRUM, KERALA 695581 (HEREINAFTER "XPETIZE") GOVERNING YOUR USE OF SMARTSHOP BUSINESS SOFTWARE

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the "General Terms") and terms and conditions if any, specific to the use of individual Services (hereinafter the "Service Specific Terms"). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services

Description of Service

We provide cloud software and applications for businesses, including associated offline and mobile applications("Service" or "Services"). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services

Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or â€œBeta Servicesâ€) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that XPETIZE will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

Free Trial

If you register for a free trial of one or more Services, XPETIZE will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of seven (7) days (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by XPETIZE in its sole discretion. Any data that you enter into the Services and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support, or liability whatsoever, to the extent permitted by law

User Sign up Obligations

You need to sign-up for a user account by providing all the required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your phone number. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if XPETIZE has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, XPETIZE may terminate your user account and refuse current or future use of any or all of the Services.

Restrictions on Use

n addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Xpetize; (vii) use the Services in a manner that violates any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Third-Party Applications

XPETIZE's services may integrate with many third-party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that XPETIZE is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that XPETIZE may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from XPETIZE's services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Fees and Payments

The Services are available under subscription plans of various durations. Payments for Services can be made through Credit Cards, Debit Cards, Net Banking, Unified Payments Interface (UPI), and wallet payments. From time to time, we may change the price for any Service, and any increase in charges will not apply until the expiry of your then-current billing cycle.

In the event any tax such as GST, VAT, sales tax, or the like is chargeable by XPETIZE in accordance with any local, state, provincial, or foreign laws with respect to your subscription to our Services ("Taxes"), XPETIZE will invoice you for such Taxes. You agree to pay XPETIZE such Taxes in addition to the subscription fees. XPETIZE shall provide you with an invoice in the format prescribed by the applicable local, state, provincial, or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

Organization Accounts and Administrators

When you sign-up for an account for your organization, you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such a third party has assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party's roles and restrictions as an administrator of your organization account

You are responsible for (i) ensuring the confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that XPETIZE is not responsible for account administration and internal management of the Services for you

You are responsible for taking the necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to smartshop.support@xpetize.com, provided that the process is acceptable to XPETIZE. In the absence of any specified administrator account recovery process, XPETIZE may provide control of an administrator account to an individual providing proof satisfactory to XPETIZE demonstrating authorization to act on behalf of the organization. You agree not to hold XPETIZE liable for the consequences of any action taken by XPETIZE in good faith in this regard

Personal Information and Privacy

Personal information you provide to XPETIZE through the Service is governed by SmartShop Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the SmartShop Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account, and you agree to inform us immediately of any unauthorized use of your user account by email to smartshop.support@xpetize.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account or otherwise.

Communications from XPETIZE

The Service may include certain communications from XPETIZE, such as service announcements, administrative messages, release notes, marketing communications, and newsletters through the mail, SMS, and SmartShop push notifications. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you with total privacy, we also provide you with the option of opting out of receiving newsletters and marketing communications from us. However, you will not be able to opt out of receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy XPETIZE in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant to enable the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days time limit will be construed as your consent to the disclosure of your name and contact information by Xpetize to the complainant.

Data Retention Policy for Unpaid Accounts & Renewal

XPETIZE retains the right to terminate your account and access to Services to prevent further use until payments for all charges on the account have been received. In the event of such termination, all data associated with such a user account will be retained by XPETIZE for a period of 60 days from the date of expiry. You agree and acknowledge that XPETIZE has no obligation to retain your domain name and data afterward; such data may be irretrievably deleted if you have not renewed your account within the above-mentioned period. XPETIZE reserves the right to impose a re-registration fee in

the event your account is suspended, and thereafter, you may request a renewal of your account. Please take the necessary steps to export your data to your local machine at regular intervals while you have access rights.

Cancellation of Active Accounts

You may cancel your account only by sending a request to smartshop_support@xpetize.com. Cancellation requests become effective at the end of the current billing period, and you are not charged again. All of your data and content will be deleted from XPETIZE's systems immediately upon cancellation of your account. The data deleted once cannot be recovered. XPETIZE is not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed up or replicated before cancellation.

Domain name creation and retention

XPETIZE reserves the right to assign the domain name based on a first-come-first-serve basis. A Domain name, once terminated or cancelled may not be available in the future. XPETIZE doesn't have any obligation to retain your domain name after your account has expired, terminated, or cancelled

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant XPETIZE the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for XPETIZE's commercial, marketing, or any similar purpose. But you grant XPETIZE permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the

Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization, or permission, as the case may be, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in an aforementioned manner, you expressly agree that XPETIZE will have the right to block access to or remove such content made available by you if XPETIZE receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by XPETIZE for this purpose.

Sample files and Applications

XPETIZE may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. XPETIZE makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Trademark

SMARTSHOP,' the SMARTSHOP logo, the names of individual Services, and their logos are trademarks of XPETIZE TECHNOLOGY SOLUTIONS PRIVATE LIMITED. You agree not to display or use, in any manner, the XPETIZE trademarks without XPETIZE's prior permission.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. XPETIZE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XPETIZE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU

WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM XPETIZE, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT XPETIZE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF XPETIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL XPETIZE'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.

Force Majeure

XPETIZE will not be liable to you or any third party for any delay or failure to perform any obligations under this Agreement when and to the extent such delay or failure is caused by or results from acts beyond XPETIZE's reasonable control, including but not limited to acts of God; acts of war, hostility or sabotage; pandemic; strikes, lock-outs or other industrial disputes; acts of government; electrical, internet, or telecommunication outage that is not caused by XPETIZE; and natural disasters or extreme weather conditions (each a "Force Majeure Event"). XPETIZE shall use reasonable efforts to mitigate against the effects of such a Force Majeure Event. XPETIZE shall notify you as soon as reasonably practicable about the Force Majeure Event and shall provide you with a good faith estimate of time to restore the Services. If the effects of the Force Majeure Event continue for more than 30 days, you may terminate this Agreement upon prior written notice to XPETIZE, and you will be entitled to prorated refund of any prepaid fees

Indemnification

You agree to indemnify and hold harmless XPETIZE, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by XPETIZE.

Governing Law and Jurisdiction

Any controversy or claim arising out of or relating to the Terms shall be settled and adjudicated exclusively by the courts of Trivandrum in accordance with the laws of India without regard to conflict of law principles.

Suspension and Termination

We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to smartshop.support@xpetize.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if XPETIZE breaches its obligations under this Agreement, and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of the user account will include denial of access to all Services, deletion of information in your user account, such as your email address and password, and deletion of all data in your user account

Modification of Terms of Service

We may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing XPETIZE notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your Agreement to the modified Agreement.

End of Terms and Conditions

If you have any questions or concerns regarding this Agreement, please contact us at smartshop.support@xpetize.com

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