Terms of Use

Effective Date: September 1, 2024

Last Updated: January 1, 2025

1. Introduction and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Storewise ("Company," "we," "us," or "our") governing your access to and use of the Storewise platform, website (storewise.in), mobile applications, and related services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

This Agreement is an electronic record generated by a computer system and does not require physical or digital signatures.

2. Definitions

"Account" means your registered account with Storewise that allows you to access and use the Service.

"Authorized Users" means individuals you designate to access and use your Account on your behalf, including employees, contractors, or agents.

"Customer Data" means all data, content, and information that you or your Authorized Users submit, upload, or input into the Service.

"Documentation" means user guides, technical manuals, and other materials we provide regarding the Service.

"Intellectual Property Rights" means all intellectual property rights worldwide, including patents, copyrights, trademarks, trade secrets, and other proprietary rights.

"Service Order Form" or "Subscription Agreement" means any order form, statement of work, or subscription agreement executed between you and Storewise.

"Subscription Term" means the period for which you subscribe to the Service as specified in your Subscription Agreement.

3. Service Description

Storewise provides a cloud-based SaaS platform that offers comprehensive inventory management, e-commerce tools, analytics, and business optimization solutions. The Service includes:

  • Web-based application accessible through storewise.in
  • Mobile applications (where available)
  • API access (where applicable)
  • Customer support and documentation
  • Regular updates and maintenance

We reserve the right to modify, update, or discontinue any aspect of the Service with reasonable notice, provided that such changes do not materially diminish the core functionality during your active Subscription Term.

4. Account Registration and Access

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Promptly updating your account information
  • Notifying us immediately of any unauthorized access

4.2 Authorized Users

You may create user accounts for Authorized Users to access the Service on your behalf. You are solely responsible for:

  • All actions taken by your Authorized Users
  • Ensuring Authorized Users comply with these Terms
  • Managing and deactivating user accounts when appropriate
  • Maintaining appropriate access controls and permissions

4.3 Account Security

You must implement reasonable security measures to protect your account, including using strong passwords and enabling two-factor authentication where available. We are not liable for any losses resulting from unauthorized access to your account.

5. Subscription Plans and Pricing

5.1 Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing. Your specific plan details are outlined in your Subscription Agreement or account dashboard.

5.2 Fees and Payment

  • All fees are as specified in your chosen subscription plan
  • Fees are exclusive of applicable taxes
  • Payment is due in advance for the applicable billing period
  • We accept various payment methods as displayed during checkout
  • Late payments may result in service suspension

5.3 Billing and Renewal

  • Subscriptions automatically renew for successive periods equal to your initial term
  • We will charge your payment method before each renewal
  • You may cancel auto-renewal through your account settings
  • Price changes will be communicated at least 30 days in advance

5.4 Refunds

Fees paid are generally non-refundable except as required by law or as specified in your Subscription Agreement. We may provide refunds at our sole discretion for unused portions of prepaid services.

6. Acceptable Use

6.1 Permitted Uses

You may use the Service only for lawful business purposes and in accordance with these Terms. You agree to use the Service in a manner consistent with applicable laws and regulations.

6.2 Prohibited Uses

You must not:

  • Use the Service for any unlawful purpose or to violate any applicable laws
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Upload or transmit viruses, malware, or other harmful code
  • Use the Service to send spam, phishing emails, or other unwanted communications
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Remove, alter, or obscure any proprietary notices on the Service
  • Use the Service beyond your subscription limits or for unauthorized purposes
  • Share your account credentials with unauthorized parties

6.3 Content Restrictions

You must not upload, store, or transmit content that:

  • Is illegal, harmful, threatening, abusive, or violates others' rights
  • Contains malware, viruses, or other harmful code
  • Infringes intellectual property rights
  • Contains personally identifiable information without proper authorization
  • Violates applicable privacy or data protection laws

7. Customer Data and Privacy

7.1 Your Data Rights

You retain all rights to your Customer Data. You are responsible for:

  • The accuracy and legality of your Customer Data
  • Obtaining necessary permissions to share data with us
  • Complying with applicable data protection laws
  • Backing up your important data

7.2 Our Data Use

We may access and use your Customer Data to:

  • Provide and maintain the Service
  • Provide customer support and technical assistance
  • Improve our services and develop new features
  • Comply with legal obligations
  • Protect our rights and prevent abuse

7.3 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security assessments. However, no system is completely secure, and we cannot guarantee absolute security.

7.4 Data Retention and Deletion

We retain your Customer Data during your active subscription and for a reasonable period thereafter. You may request data deletion by contacting us at [email protected]. We will delete your data within 30 days of your request, except where retention is required by law.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all software, content, trademarks, and other materials, is owned by Storewise and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service solely as permitted by these Terms.

8.2 Your Intellectual Property

You retain ownership of your Customer Data and any intellectual property you had before using our Service. By using the Service, you grant us a limited license to use your data solely to provide the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use such feedback without any obligation to you. You waive any rights to compensation or attribution for such feedback.

9. Third-Party Integrations

The Service may integrate with third-party applications, services, or websites. We are not responsible for:

  • The availability, accuracy, or reliability of third-party services
  • Any costs associated with third-party services
  • Third-party privacy practices or terms of service
  • Any damages resulting from your use of third-party integrations

You are responsible for reviewing and accepting the terms of any third-party services you choose to integrate.

10. Service Availability and Support

10.1 Service Level

We strive to maintain high service availability but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects service availability, with advance notice when possible.

10.2 Support

We provide customer support as described in our support documentation. Support levels may vary based on your subscription plan.

10.3 Modifications

We may modify the Service to improve functionality, security, or compliance. We will provide reasonable notice of material changes that significantly impact your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your subscription at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your access immediately if:

  • You breach these Terms and fail to cure the breach within 30 days of notice
  • You fail to pay fees when due
  • Your use poses a security risk or violates applicable laws
  • We cease offering the Service (with reasonable notice)

11.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • You remain liable for all fees incurred before termination
  • We will retain your data for a reasonable period to allow data retrieval
  • Provisions of these Terms that should survive will remain in effect

12. Disclaimers and Warranties

12.1 Service Warranty

We warrant that the Service will perform substantially in accordance with our Documentation during your Subscription Term. Your exclusive remedy for breach of this warranty is our efforts to correct the non-conformance.

12.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted or error-free
  • Any defects will be corrected
  • The Service is free from harmful components

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

13.2 Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Exceptions

These limitations do not apply to:

  • Our gross negligence or willful misconduct
  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Violations of applicable law where limitations are prohibited

14. Indemnification

You agree to indemnify, defend, and hold harmless Storewise and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your Customer Data or content
  • Your violation of applicable laws or third-party rights

15. Confidentiality

15.1 Confidential Information

Both parties may receive confidential information during the course of this relationship. Confidential information includes non-public technical, business, or other information marked as confidential.

15.2 Obligations

Each party agrees to:

  • Maintain confidentiality of the other party's confidential information
  • Use confidential information only for purposes of this Agreement
  • Not disclose confidential information to third parties without consent
  • Return or destroy confidential information upon request

15.3 Exceptions

These obligations do not apply to information that:

  • Is publicly known through no breach by the receiving party
  • Was known by the receiving party before disclosure
  • Is independently developed without use of confidential information
  • Must be disclosed by law or court order

16. Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions. We will make reasonable efforts to minimize the impact of such events.

17. Export Control

You acknowledge that the Service may be subject to export control laws. You agree to comply with all applicable export and import laws and regulations.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

18.2 Jurisdiction

Any disputes arising from these Terms will be resolved in the courts of Kolkata, West Bengal, India, and you consent to the exclusive jurisdiction of such courts.

18.3 Alternative Dispute Resolution

Before filing any lawsuit, the parties agree to attempt resolution through good faith negotiations for 30 days after written notice of the dispute.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any Subscription Agreement, constitute the entire agreement between you and Storewise regarding the Service.

19.2 Amendment

We may modify these Terms by posting updated terms on our website. Material changes will be communicated with at least 30 days' notice. Continued use of the Service after changes take effect constitutes acceptance.

19.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.4 Waiver

Our failure to enforce any provision does not constitute a waiver of our right to enforce it later.

19.5 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations to any affiliate or in connection with a merger, acquisition, or sale of assets.

19.6 Relationship

These Terms do not create a partnership, joint venture, agency, or employment relationship between the parties.

19.7 Notices

Legal notices must be sent to [email protected] or to the address specified in your account. We may provide notices through the Service, email, or postal mail.

19.8 Language

These Terms are written in English. Any translations are for convenience only, and the English version will control in case of conflicts.

20. Contact Information

For questions about these Terms, please contact us:

Email: [email protected]

Support: [email protected]

Address: Kolkata, West Bengal, India.

Phone: +91-33-40049737

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.