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These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by infoter solutions pvt ltd (as defined below), including without limitation during free trials, on the websites and on the domain “www.infotersolutions.com”.

Please read this Agreement (as defined below) carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the resolution of disputes by arbitration and a class action waiver.

By using or accessing the Services, you're agreeing to these Terms, our Product Specific Terms, and our Copyright Policy, (collectively, this “Agreement”). If you're using the Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

If you are a resident of or have your principal place of business in the India or any of its territories or possessions (the “India”), you are agreeing to this Agreement with infoter solutions pvt ltd. and are an “Indian User”. If you are a resident or have principal place of business other than India, then you are agreeing to this Agreement with infoter solutions pvt ltd. and are a “Foreign User”.

The services offered by infoter solutions pvt ltd under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both.

Any such services offered by infoter solutions pvt ltd are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

Creating Accounts

Make sure your account information is accurate and that you keep your accounts safe. You’re responsible for your accounts and any activity on them. Also, you need to be at least 18 years old to use infoter solutions pvt ltd.

Signing Up. To use many of the Services, you must first create an account (“Account”). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.

Staying Safe. Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.

Eighteen and Older. The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you're at least 18. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf.

Your Content

When you upload content to the website of infoter solutions pvt ltd., you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site or story at your direction. We also may promote or feature your site or story, but you can opt out if you don’t want us to do that.

When you upload content to the website of infoter solutions pvt ltd., you still own it. You do, however, give us permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you upload a photo, you give us the right to save it and display it on your site or story at your direction. We also may promote or feature your site or story, but you can opt out if you don’t want us to do that.

Your License to Us. When you provide User Content via the Services, you grant infoter solutions pvt ltd. (including our Third-Party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.

Featuring Your Site. We may choose to feature Your Sites (but not your scheduling pages) or names, trademarks, service marks or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of infoter solutions pvt ltd. marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Customers sections of our sites or on our social media accounts. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites or names, trademarks, service marks or logos on Your Sites and any right of inspection or approval of any such use. You can opt out of being featured through your Account or, in the case of Unfold, by contacting customercare@walnutminds.com. This Section does not affect any rights you may have under applicable data protection laws.

Your Responsibilities

You’re responsible for the content you publish on infoter solutions pvt ltd., and you vouch to us that it’s all okay to use. Please follow our rules and don’t do anything illegal with the services. Also keep in mind that what you upload may be publicly viewable.

Only Use Content You’re Allowed to Use. You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download or share content unless you have the right to do so.

Follow the Law. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.

Share Responsibly. The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We’re not responsible for what you share via the Services.

Comply with Our Acceptable Use Policy. You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Services complies with our Acceptable Use Policy.

Your Sites and Your End Users Are Your Responsibility. Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.

Third-Party Services and Sites, User Content, infoter solutions pvt ltd. Specialists and infoter solutions pvt ltd. Extensions

If you use or connect another service on or to infoter solutions pvt ltd., follow a link to another site or work with someone you find on or through infoter solutions pvt ltd. (such as a specialist or Circle member), what happens is between you and them. We’re not responsible for it or what either of you do. There’s also a lot of content on infoter solutions pvt ltd. uploaded by our users (like you). We’re not responsible for that either.

Third-Party Services. The Services are integrated with various third-party services and applications (collectively, “Third-Party Services”) that may make their content, products or services available to you. Examples of Third-Party Services include certain domain name registration services, social media platforms, infoter solutions pvt ltd. Specialists (as defined below), eCommerce Payment Processors (as defined below), extensions listed on infoter solutions pvt ltd. Extensions (as defined below) and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third-Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third-Party Services, and we’re not liable for Third-Party Services or for any transaction you may enter into with them, or for what they do. When using Third-Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except were prohibited by applicable law).

Third-Party Sites. The Services may contain links to Third-Party sites. When you access Third-Party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.

User Content. The Services or sites created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.

infoter solutions pvt ltd. Extensions. Our Services may include an extensions directory which enables you to access and connect certain Third-Party Services to Your Sites (such directory and functionality for accessing and connecting, “infoter solutions pvt ltd. Extensions”). You decide (not us) to connect, enable or use such Third-Party Services. We’re not a party to, and we aren’t liable for, the Third-Party Services connected to Your Sites via infoter solutions pvt ltd. Extensions or otherwise. In accordance with Section 4.1, the relationship for these Third-Party Services is strictly between you and the applicable third party, and your use of such Third-Party Services is governed by the applicable Third-Party terms and policies. Any information that a Third-Party Service collects, stores and processes from you or Your Sites will be subject to such Third-Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy. Therefore, please evaluate and ensure you trust a Third-Party Service prior to connecting Your Site to its services. The inclusion of Third-Party Services on infoter solutions pvt ltd. Extensions shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Third-Party Services by infoter solutions pvt ltd. The Third-Party Services are solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with Your Sites).

Domain Names

Upon purchasing a domain name through infoter solutions pvt ltd., domain registration will be present to automatically renew each year so long as your infoter solutions pvt ltd Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

Confidentiality

“Confidential Information” shall include, but shall 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 (including any relevant processing fees), 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. infoter solutions pvt ltd’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

“Confidential Information” shall include, but shall 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 (including any relevant processing fees), 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. infoter solutions pvt ltd’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

Restriction on Registration.

Your site shall not be engaged in any of the following activities:

  • Adult goods and services pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services
  • Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
  • Body parts organs or other body parts
  • Bulk marketing tools email lists, software, or other products enabling unsolicited email messages (spam)
  • Cable descramblers and black boxes and devices intended to obtain cable and satellite signals for free
  • Child pornography and pornographic materials involving minors
  • Copyright unlocking devices Mod chips or other devices designed to circumvent copyright protection
  • Copyrighted media and unauthorized copies of books, music, movies, and other licensed or protected materials
  • Copyrighted software and unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
  • Counterfeit and unauthorized goods including replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  • Drugs and drug paraphernalia including illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
  • Drug test circumvention aids and drug cleansing shakes, urine test additives, and related items
  • Endangered species, plants, animals or other organisms (including product derivatives) in danger of extinction
  • Gaming/gambling lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
  • Government IDs or documents, fake IDs, passports, diplomas, and noble titles
  • Hacking and cracking materials manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
  • Illegal goods materials, products, or information promoting illegal goods or enabling illegal acts
  • Miracle cures, unsubstantiated cures, remedies or other items marketed as quick health fixes
  • Offensive goods literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
  • Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals
  • Prescription drugs or herbal drugs or any kind of online pharmacies drugs or other products requiring a prescription by a licensed medical practitioner
  • Pyrotechnic devices and hazardous materials, fireworks and related goods; toxic, flammable, and radioactive materials and substances
  • Regulated goods air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
  • Securities stocks, bonds, or related financial products
  • Tobacco and cigarettes, cigars, chewing tobacco, and related products
  • Traffic devices radar detectors/jammers, license plate covers, traffic signal changers, and related products
  • Weapons firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
  • Wholesale currency, discounted currencies or currency exchanges
  • Live animals
  • Multi-Level Marketing collection fees
  • Matrix sites or sites using a matrix scheme approach
  • Work-at-home information
  • Drop-shipped merchandise
  • Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India

Our Intellectual Property

infoter solutions pvt ltd. is protected by various intellectual property laws. This section summarizes what we own and how we share.

infoter solutions pvt ltd. Owns infoter solutions pvt ltd. The Services are, as between you and infoter solutions pvt ltd., owned by infoter solutions pvt ltd., and are protected by copyright, trade secret, trademark and other Indian laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User Content.

We Can Use Your Feedback for Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

Our Demo Content. We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be distributed, publicly displayed, publicly performed or otherwise published.

Templates. The Services include social, website or other templates (collectively, “Templates”). The Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements and other materials. infoter solutions pvt ltd. owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.

Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.

Our Rights

To operate effectively and protect the security and integrity of infoter solutions pvt ltd., we need to maintain control over our services.

. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

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Privacy

Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply with data protection laws when using the services, such as when you collect others’ personal information or use cookies or similar technologies (including those we drop for you at your request, such as for web analytics).

Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement and we may change it from time to time.

You Must Comply with Data Protection, Security and Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations, including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).

Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant privacy policy.

Cookies and Similar Technologies. If applicable law requires, you must provide and make available to your End Users on Your Sites a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through Your Site.

Protect and Improve the Services. You agree that we may protect and improve our Services through analysis of your use of the Services, your End Users’ use of Your Sites and/or analysis of you and your End Users’ personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you must explain this in your privacy policy.

Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

Paid Services and Fees

Certain Services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

Fees. You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your eCommerce Payment Processor account(s), unless otherwise indicated.

Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a 12 months subscription plan, each billable renewal period will be for twelve (12) months. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via contacting us at our email id customercare@walnutminds.com.

Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.

Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact customercare@walnutminds.com before filing a Chargeback. We reserve our right to dispute any Chargeback.

Our Payment Processor. We use Third-Party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Razorpay and Paypal, and your payments are processed by Razorpay and Paypal in accordance with there respective terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

Upon completion of sign up for the Service, infoter solutions pvt ltd. will create a Payment Gateway Express Checkout account on your behalf, using your email address. Depending on your location, infoter solutions pvt ltd. may also create a infoter solutions pvt ltd. Payments account on your behalf. You acknowledge that the Payment Gateway Checkout offered by infoter solutions pvt ltd., and/or infoter solutions pvt ltd. Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, the Payment Gateway Express Checkout companies are a Third-Party Service.

Fees for Third-Party Services. Third-Party Services purchased via the Services may be subject to different refund or other policies that those Third-Party Services determine, and such Third-Party Services may be non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third-Party Services.

Term and Termination

Either of us can end this agreement at any time. This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms. We will endeavour to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.

Warranty Disclaimers

We work hard to make infoter solutions pvt ltd. great, but the services are provided as is, without warranties.

Disclaimers. To the fullest extent permitted by applicable law, infoter solutions pvt ltd. makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. infoter solutions pvt ltd. also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from infoter solutions pvt ltd., shall create any warranty. infoter solutions pvt ltd. makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.

Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 11.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.

Limitation of Liability

If something bad happens as a result of your using infoter solutions pvt ltd., our liability is capped. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will infoter solutions pvt ltd. and its affiliates and its and their Partners, owners, directors, officers, employees, and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or Third-Party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third-Party Services or Third-Party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not infoter solutions pvt ltd. has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of infoter solutions pvt ltd. for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to infoter solutions pvt ltd. in the twelve (12) months immediately preceding the event that gave rise to such claim.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless infoter solutions pvt ltd. and its affiliates and its and their Partners,owners, directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which infoter solutions pvt ltd. may be held jointly and severally liable.

Dispute Resolution

Before filing a claim against infoter solutions pvt ltd., you agree to try to work it out informally with us first. Also, all formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Finally, claims can only be brought individually, and not as part of a class action.

Informal Resolution. Before filing a claim against infoter solutions pvt ltd., you agree to try to resolve the dispute by first emailing ________________ with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (60) days of our receipt of your first email, you or infoter solutions pvt ltd. may then bring a formal proceeding.

Arbitration You and infoter solutions pvt ltd. agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and infoter solutions pvt ltd. expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below.

Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Arbitration Procedures: Both the parties can appoint a sole Arbitrator and the arbitration proceeding will be as Arbitration and Conciliation Act, 1996.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.

Additional Terms

This section includes some additional important terms. For instance, this Agreement is the whole agreement between us regarding your use of infoter solutions pvt ltd. Depending on where you reside or have your place of business, this Agreement is governed by Indian law. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel.

. Entire Agreement. This Agreement constitutes the entire agreement between you and infoter solutions pvt ltd. regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third-Party Services. This Agreement creates no Third-Party beneficiary rights, and no Third-Party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and a infoter solutions pvt ltd.).

Waiver, Severability and Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice.

Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.

Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.