Terms of Service

By signing up for a ShopIQ Account (as defined in Section 1) or by using any ShopIQ Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service").

As used in these Terms of Service, "we", "us", "our", "ShopIQ" and "CFT Retail Tech Private Limited" means the applicable ShopIQ Contracting Party (as defined in Section 13 below), and "you" means the ShopIQ User (if registering for or using a ShopIQ Service as an individual), or the business employing the ShopIQ User (if registering for or using a ShopIQ Service as a business) and any of its affiliates.

ShopIQ provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to manage online stores, sell in multiple places (including web, mobile, social media, and other online locations ("Online Services") and in person, manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by ShopIQ are referred to in these Terms of Services as the "Service(s)". Any new features or tools which are added to the current Services will also be subject to the Terms of Service.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service and Privacy Policy.

1. Account Terms

To access and use the Services, you must register for a ShopIQ account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. ShopIQ may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

You confirm that you are receiving any Services provided by ShopIQ for the purposes of carrying on a business activity and not for any personal, household or family purpose.

You acknowledge that ShopIQ will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to ShopIQ and your Primary Email Address must be capable of both sending and receiving messages.

Technical support in respect of the Services is only provided to ShopIQ Users. Questions about the Terms of Service should be sent to ShopIQ Support.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by ShopIQ. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside ShopIQ's Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.

You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to ShopIQ or its affiliates.

2. Account Activation

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to PhonePe, SendGrid, and ShopIQ Checkout.

2.1 Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store's website.

If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Your ShopIQ Store can only be associated with one Store Owner. A Store Owner may have multiple ShopIQ Stores. You agree to use ShopIQ Checkout for your store. "Store" means the online store (whether hosted by ShopIQ or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your ShopIQ Team Add-on plan, you can create one or more staff accounts ("Team Accounts") allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Team Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Team Accounts to specific business information.

The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Team Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner's employees, agents or subcontractors.

3. ShopIQ Rights

The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

ShopIQ does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any ShopIQ employee, member, or officer will result in immediate Account termination.

4. Your Responsibilities

You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your ShopIQ Store.

You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services.

You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.

You may not use the ShopIQ Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction, or the laws of India.

5. Payment of Fees and Taxes

You will pay the Fees applicable to your subscription to Online Service ("Subscription Fees") and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than ShopIQ Payments ("Transaction Fees"), and any fees relating to your purchase or use of any products or services such as ShopIQ Checkout, shipping, apps, or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees".

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). Unless otherwise indicated, all Fees and other charges are in Indian rupees, and all payments will be in Indian currency.

If we are not able to process payment of Fees using an Authorized Payment Method, we may pause and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees. If the outstanding Fees remain unpaid for 60 days following the date of pause of account, ShopIQ reserves the right to suspend your Account and all the unpaid fee will attract interest at 16% per annum.

ShopIQ does not provide refunds.

6. Confidentiality

"Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.

7. Limitation of Liability and Indemnification

The Service is provided on an "as is" and "as available" basis. We provide no warranties and our liability is limited in the event of errors or interruptions. You expressly understand and agree that, to the extent permitted by applicable laws, ShopIQ and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service.

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or any aspect of the transaction between you and your Customer.

8. Intellectual Property and Your Materials

We do not claim ownership of the Materials you provide to ShopIQ; however, we do require a license to those Materials. You grant ShopIQ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, modify, run, copy, store, publicly perform, display, and translate, and create derivative works of any Materials provided by you in connection with the Services.

9. Additional Services

The Services allow you to send certain communications to your customers by short message service (SMS) messaging. You will only use the SMS Services in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages.

Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk.

10. Feedback and Reviews

By submitting Feedback to ShopIQ, you waive any and all rights in the Feedback and ShopIQ is free to implement and use the Feedback if desired, without obtaining permission or license from you or from any third party.

11. Privacy and Data Protection

ShopIQ is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that ShopIQ's collection, usage and disclosure of this personal information is governed by our Privacy Policy.

12. Term and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting ShopIQ Support. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time.

Upon termination: ShopIQ will cease providing you with the Services; you will not be entitled to any refunds of any Fees; any outstanding balance will immediately become due and payable in full; and your ShopIQ Store will be taken offline.

13. Modifications

We reserve the right to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes that materially adversely affect your use of the Services. Your continued access to or use of the Services after we post updated terms constitutes your acceptance of the changes.

14. General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and ShopIQ and govern your use of the Services and your Account, superseding any prior agreements between you and ShopIQ.

ShopIQ will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service without ShopIQ's prior written consent.

AI Credits Terms of Use

Your use of AI credits is subject to the ShopIQ Additional Terms of Service. You can use AI credits to enable and process your requests within designated AI features. The number of credits required for a specific action will be communicated to you within the relevant product or feature. ShopIQ reserves the right to modify the credit cost for using AI features.

AI credits expire after a certain period, as set out when you acquire them. You may not sell or transfer AI credits to another user or account. AI credits are not a digital currency, security, commodity, or any other kind of financial instrument and are not redeemable for any cash value. Any unused AI credits will be forfeited upon termination or cancellation of your ShopIQ plan.