Terms of Use

This Terms of Use document (“TOS”) is a legal agreement between you, the end user (“You”/“Your”), and Extreme Ecommerce, the owner of all intellectual property rights in the cloud-based business inventory platform titled “Extreme Ecommerce” (“Platform”). The TOS describes the terms on which Extreme Ecommerce offers access to the Platform and the Services (defined below) to all end users. PLEASE READ THE TOS CAREFULLY. YOUR ACCEPTANCE OF THIS TOS AND USE OF THE PLATFORM SHALL SIGNIFY YOUR ACCEPTANCE OF THE TOS, THE PRIVACY POLICY AVAILABLE AT Privacy policy, AND THE OTHER WEBSITE POLICIES AS WELL AS YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. This is a legally binding agreement and is enforceable against You. Extreme Ecommerce may modify the terms of the TOS at any time and shall inform you of the same. You will be deemed to have accepted the revised TOS if you continue to access the Platform after the modifications become effective. If You do not agree to the terms of this TOS, please do not access or use the platform. The following are the terms and conditions on which Extreme Ecommerce agrees to permit you to access and use the platform and the services.

Registration

In order to access and use the Platform, You will be required to register yourself and maintain a Extreme Ecommerce account (“Account”) which will require you to furnish to Extreme Ecommerce, certain information and details, including your name, e-mail id, and any other information deemed necessary by Extreme Ecommerce (“Account Information”). You agree to keep this information updated at all times. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. Extreme Ecommerce and its affiliates/partners are not liable for any harm caused by or related to the theft of, your ID, your disclosure of your account information, or your authorization to allow another person to access and use the service using your account. However, you may be liable to Extreme Ecommerce and its affiliates/partners for the losses caused to them due to such unauthorized use.

Account Dos and Don’ts:

You agree to abide by the following dos and don’ts for registering and maintaining the security of your Account.

Additionally, you agree to disclose to Extreme Ecommerce and permit Extreme Ecommerce to use, your login ID, password and such other account details with respect to your account(s) with e-commerce websites/platforms, for the limited purpose of resolving technical problems.

Scope of Services

Extreme Ecommerce hereby grants you a specific, non-exclusive, non-transferrable and limited license to access and use the platform via the internet, and avail of the services provided by the platform. Extreme Ecommerce retains all rights in the platform and the services, and grants you only a right and license to use the platform/application as stated herein. No other license is intended to be granted to you. Extreme Ecommerce reserves all rights in its name, trademarks, copyrights and any other intellectual property. You may use the platform and the service to store data, print and display data in the service. No other use of the platform and the service by you shall be permitted. You may access the platform and the services using a single user account via multiple access points. You may allow your employees, agents and independent contractors to access the platform via your account on your behalf. However, you agree not to provide any access to your account to any third party vendors. Extreme Ecommerce shall perform all necessary server management and maintenance services with respect to the platform at no additional cost to you. Extreme Ecommerce does not guarantee availability of the platform at all times. Extreme Ecommerce shall use reasonable efforts to make the services available to you, at all times through the platform. However, as the services are provided over the Internet, data and cellular networks, the quality and availability of the same may be affected by factors outside Extreme Ecommerce’s control. Therefore, Extreme Ecommerce shall not be liable for non-availability of the Services at any time. Extreme Ecommerce may try to restore access to the platform and the services on a best reasonable and commercially viable basis. You may use the platform and the service to store data, print and display data in the service.

Xtreme Ecommerce does not monitor or control any data or content uploaded by you to the platform. You agree not to use or encourage, or permit others to store, upload, modify, update or share any information that: belongs to another person and to which you do not have any rights; is grossly harmful, misleading, harassing, blasphemous defamatory, indecent, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, invasive of personal privacy or otherwise objectionable or any data / content that is contrary to any applicable local, national, and international laws and regulations; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; results in impersonation of any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; is someone’s identification documents or sensitive financial information; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or makes available any data/content in contravention of these TOS or applicable policies or any data/content that you do not have a right to access, store, use or make available to third parties under any law or contractual or fiduciary relationship. Extreme Ecommerce reserves the right to suspend or terminate your access to your account if you cause any disruption or harm to the Extreme Ecommerce infrastructure or to any third parties or violate the provisions of the Information Technology Act, 2000, any applicable privacy laws or any of the applicable laws. You hereby consent to let Extreme eCommerce’s employees and agents access your Account and records on a case-to-case basis to investigate complaints or other allegations or suspected abuse.

Notice and Takedown Mechanism

The content uploaded by you may be available on the Ecommerce websites/marketplaces in India or other countries, as chosen by you. In such circumstances, the notice and takedown provisions applicable to the particular Ecommerce websites/marketplaces will be applicable to the content uploaded by you. Content which is objectionable or infringing will be accordingly taken down. For all other times, the notice and takedown mechanism provided below will apply. If you are the owner of copyright in any content shared or uploaded on the platform without your consent or you believe that any user of the platform is storing, hosting, uploading or transmitting data/content, then you are required to send a written notice to the grievance officer at Extreme Ecommerce providing the following information/details: Description of the work with adequate information to identify the data/content; Details establishing that you are the owner or the exclusive licensee of copyright in the content; Details establishing that the copy of the content in question is an infringing copy of the content owned by you and that the allegedly infringing act is not considered as a ‘non-infringing’ act under Section 52 of the Copyright Act and is not any other act that is permitted under the Copyright Act; Details of the location where the content in question is stored (i.e., the URL of the page where such content is stored); Undertaking that you shall file an infringement suit in the competent court against such person uploading the infringing copy and provide a copy of the orders so obtained to Extreme Ecommerce within twenty one (21) days from the date of receipt of the notice by Extreme Ecommerce.

Suspension and Termination

The services will remain in effect until suspended or terminated under this TOS. You may terminate your registration by sending an email to boston@extreme.app, if you no longer wish to use the platform. On termination, you will cease to have access to the platform or any of the services. Extreme Ecommerce reserves the right to suspend or terminate your account or restrict or prohibit you access to the platform immediately (a) if Extreme Ecommerce is unable to verify or authenticate your registration data, email address or other information provided by You, (b) if Extreme Ecommerce believes that your actions may cause legal liability for you or for Extreme Ecommerce, or all or some of Extreme Ecommerce’s other users, or (c) if Extreme Ecommerce believes you have provided false or misleading registration data or other information, have not updated your account information, have interfered with other users or the administration of the services, or have violated this TOS or the Privacy Policy. You shall not be entitled to access the platform or avail the services if your account has been temporarily or indefinitely suspended or terminated by Extreme Ecommerce for any reason whatsoever. Extreme Ecommerce may, at any time, reinstate any suspended Account, without giving any reason for that. If you have been indefinitely suspended you shall not register or attempt to register with Extreme Ecommerce or its affiliates/partners or use the services in any manner whatsoever until such time that you are reinstated. In such cases, Extreme Ecommerce shall not be liable to refund any fees to you. In addition to the above, if you do not process any order through the platform for a continuous period of one (1) month, Extreme Ecommerce shall be entitled to terminate your account irrespective of the balance amount available in your account. In such cases, Extreme Ecommerce shall not be liable to refund any fees to you. Upon termination of this TOS, your right to access the platform and use the services shall immediately cease. Thereafter, you shall have no right, and Extreme Ecommerce shall have no obligation thereafter, to execute any of the uncompleted tasks. Extreme Ecommerce does not have a refund policy and therefore, no refund of the fees shall be provided under any circumstance. Once the services are terminated or suspended, any data that you may have stored on the platform, may not be retrieved later. Extreme Ecommerce shall be under no obligation to return the information or data to you.

Governing Law

This TOS is governed and constructed in accordance with the laws of India. The courts in Delhi alone shall have exclusive jurisdiction to hear disputes arising out of the TOS without any reference to the conflict of law provisions. The platform is made available to you by Extreme Ecommerce from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Platform and the Services do not give rise to personal jurisdiction over Extreme Ecommerce, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these TOS and to the provision of Services by Extreme Ecommerce and your use of the same. Extreme Ecommerce makes no representation that the platform and the services are appropriate or available for use at other locations outside India. Access to the platform from jurisdictions where the services are illegal is prohibited. Extreme Ecommerce reserves the right to block access to the platform to certain international users. If you access the platform from a location outside India, you are responsible for compliance with all applicable local laws.

Waiver

Any failure by Extreme Ecommerce to enforce the TOS, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

Severability

If any of the provisions of this TOS are deemed invalid, void, or for any reason unenforceable, that part of the TOS will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the TOS.

Entire Agreement

If You have questions or concerns about the TOS, please contact Extreme Ecommerce at boston@extreme.app