01 Agreement to these terms
- These terms are a contract between you and ZAISUS TECHNOLOGIES (OPC) PRIVATE LIMITED, registered at A4, Chandrasekhar Avenue, Thoraipakkam, Greater Chennai, Tamil Nadu 600097 (“Zaisus Commerce”, “we”, “us”). They cover the marketing site, the store builder, the merchant app, the mobile apps and every store we host for you.
- You accept them by creating an account, launching a store, or using the service. If you are accepting on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.
- If you do not agree, do not use the service.
- Our Privacy Policy and any plan-specific or order-form terms form part of this agreement. Where an order form and these terms conflict, the order form wins for that customer.
02 Definitions
- Merchant
- You — the account holder who builds and operates a store.
- Shopper
- An end customer who visits or buys from a Merchant's store.
- Store
- The storefront, mobile app and catalogue we host on your behalf.
- Merchant Content
- Everything you supply or publish: products, prices, copy, images, logos, policies and customer records.
- Platform
- The Zaisus Commerce software, APIs, templates, documentation and infrastructure.
- Third-Party Service
- Anything outside the Platform you choose to connect — payment providers, messaging channels, analytics, advertising platforms, logistics.
- Fees
- The subscription and usage charges for your plan, as published on our pricing page or set out in your order form.
03 Your account
- You must be at least [18] and legally able to enter a contract.
- Give accurate registration details and keep them current. We rely on them for invoicing, tax and legal notices.
- You are responsible for everything done under your account, including by staff you invite. Keep credentials secret, use multi-factor authentication where offered, and tell us immediately at contact@zaisustechnologies.com if you suspect unauthorised access.
- One account per business. Do not share logins, resell access, or create accounts to evade a suspension.
- You may invite team members and set their permissions. You remain responsible for what they do.
04 Your store and your content
- You own your content. Nothing here transfers ownership of Merchant Content to us.
- You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, cache, resize and display Merchant Content — but only as far as needed to run the service, provide support and keep backups. It ends when you delete the content or close your account, subject to section 15 and backup cycles.
- You confirm you have the rights to everything you upload, including images, fonts, trademarks and product descriptions.
- You are the seller. You set your prices, describe your goods accurately, and publish your own returns, refunds, shipping and privacy policies. We are not a party to any sale between you and a Shopper.
- You are responsible for complying with consumer law, labelling and disclosure rules, and tax obligations in every market you sell into.
- You must publish a privacy notice covering your Shoppers and handle their data-protection requests. See our privacy policy, section 10.
- We may ask you to correct content that breaches these terms, and may remove it if you do not — see section 15.
05 Acceptable use
Do not use the Platform to:
- break the law, or help anyone else do so;
- infringe someone's intellectual property, privacy or publicity rights;
- defraud, deceive or mislead — including fake reviews, invented discounts and bait pricing;
- launder money, evade sanctions, or transact with a sanctioned party;
- publish content that is defamatory, harassing, hateful, sexually exploitative of anyone, or that incites violence;
- send unsolicited bulk messages, or message anyone who has not consented or has opted out;
- upload malware, mine cryptocurrency, or run workloads unrelated to your store;
- probe, scrape, overload or reverse-engineer the Platform, or bypass rate limits, quotas or access controls;
- resell or white-label the Platform without a written agreement from us.
Fair use applies to bandwidth, storage, API calls and message volume. If your usage is materially out of line with your plan we will contact you before taking action, except where the load is threatening the service for others.
06 Restricted and prohibited goods
- Some categories cannot be sold on the Platform at all: illegal drugs and precursors, weapons and ammunition, explosives, stolen goods, counterfeit items, human remains or organs, sexual services, endangered species and their products, and anything that requires a licence you do not hold.
- Other categories are restricted and need our written approval plus the relevant licence before you go live — for example alcohol, tobacco and nicotine products, prescription medicines and medical devices, financial or insurance products, gambling, and age-restricted content.
- Your payment provider, messaging channel and app store each maintain their own prohibited-goods lists. Those lists apply to you independently, are usually stricter than ours, and can change without us knowing.
- The full and current list is at [link to acceptable use policy] and forms part of these terms.
07 Plans, billing and taxes
The amounts on our pricing page are placeholders in this concept. Before publishing, replace them with real figures and make sure this section matches them.
- Fees, billing period and included limits are those shown for your plan at the time you subscribe, or in your order form.
- Subscriptions are billed in advance and renew automatically for the same period unless you cancel before the renewal date. You authorise us to charge your saved payment method.
- Usage-based charges — extra bandwidth, message volume, add-ons — are billed in arrears at the end of the period in which they were incurred.
- Fees exclude taxes. You are responsible for VAT, GST, sales tax and any withholding that applies, and you must give us valid tax identifiers where required.
- If a payment fails we will retry and email you. After [14 days] unpaid we may downgrade or suspend the account. Suspension does not cancel accrued Fees.
- Cancelling stops the next renewal and takes effect at the end of the period you have already paid for. You keep access until then.
- Refunds: we do not refund part-used periods except where the law requires it or where we materially failed to provide the service. Annual plans may be refunded pro rata within [14 days] of purchase.
- We may change Fees with at least [30 days] notice. The new price applies from your next renewal; if you do not accept it, cancel before then.
- Free plans and trials may be changed or withdrawn at any time. They come with no service commitment.
08 Payments, settlement and refunds to shoppers
- Zaisus Commerce is not a payment processor, bank, money transmitter or escrow agent. We provide software that connects your store to a payment provider you choose and contract with directly.
- That provider's own terms, fees, settlement schedule, reserve policy and KYC requirements apply to you. We do not control them and cannot waive them.
- Funds from your sales flow from the Shopper to your provider and then to you. They never sit in an account controlled by Zaisus Commerce.
- You handle chargebacks and disputes with your provider. We will supply order records we hold to help you respond.
- Refunds to Shoppers are yours to issue under your published refund policy, through your provider. Refunding a Shopper does not refund your Zaisus Commerce Fees.
- Where the product displays a partner's name or mark, it identifies an available integration. It does not imply that partner endorses, sponsors or is responsible for Zaisus Commerce, and their marks remain their property.
09 Messaging channels
- Where you connect a messaging channel, you are the sender. Zaisus Commerce is the tool that dispatches on your instruction.
- You must have a lawful basis to contact each recipient, honour opt-outs immediately and permanently, and follow every consent, registration and template-approval rule that applies to you.
- The channel provider's policies apply on top of these terms. They may throttle, suspend or ban your sending identity, and we cannot overturn that.
- Transactional notifications — order confirmed, shipped, delivered — must not be used to carry marketing content where the law separates the two.
- Delivery is best-effort. Carriers and channels fail, queue and rate-limit; we do not guarantee that any individual message arrives.
10 Advertising and marketing integrations
Software, not an advertising service. Zaisus Commerce does not operate an ad network, buy media, place advertisements or manage campaigns on your behalf.
- Our advertising features are integrations: they authenticate to an external advertising platform using credentials you supply, push product feeds or conversion events through that platform's API, and read back the metrics it returns so you can see them next to your sales.
- You are the advertiser of record. You open and fund the ad account, you agree that platform's terms, you approve every creative and budget, and you pay that platform directly. No advertising spend passes through Zaisus Commerce.
- Ad platforms change their APIs, policies and metric definitions without notice. Features may break, and figures shown in Zaisus Commerce may differ from the platform's own reporting. Treat the platform's numbers as authoritative.
- We make no representation about reach, impressions, clicks, conversions, cost or return. Any figures in the product interface are your own historical data or clearly-labelled illustrations.
- You are responsible for advertising-law compliance: disclosure, substantiation of claims, targeting restrictions and consent for tracking.
11 Third-party services
- Connecting a Third-Party Service is your choice, and it creates a relationship between you and that provider. Their terms and privacy policy govern it.
- You authorise us to exchange the data that integration needs, in both directions, while it is connected.
- We are not liable for a Third-Party Service's availability, accuracy, security, pricing or decisions — including a decision to suspend or close your account with them.
- If a provider withdraws access, changes its API or ends its relationship with us, the corresponding feature may stop working. We will give notice where we can.
12 Intellectual property
- We own the Platform — the software, templates, design system, documentation and the Zaisus Commerce name and marks. You get a limited, non-exclusive, non-transferable right to use it while your account is in good standing.
- You may customise templates for your own store. You may not redistribute, resell or republish them outside your store.
- Do not copy, decompile or create derivative works from the Platform, or remove our attribution where a plan requires it.
- If you send us feedback or an idea, we may use it freely and without obligation. You keep whatever rights you already had.
- Copyright complaints: send a notice identifying the work, the URL, your contact details and a statement of good-faith belief to contact@zaisustechnologies.com. We remove infringing content, tell the merchant, and accept counter-notices. Repeat infringers lose their accounts.
- We may reference your store name and logo in a customer list unless you tell us not to at contact@zaisustechnologies.com.
13 Beta and preview features
- Anything labelled beta, preview or experimental is optional and provided as-is. It may be unstable, change without notice, or be withdrawn entirely.
- Service commitments and support response times do not apply to it, and we are not liable for data created only within a beta feature.
14 Availability, support and changes
- We aim for [99.9%] monthly uptime on paid plans. Where a plan includes a service credit, the terms are at [link to SLA] and that credit is your sole remedy for downtime.
- Planned maintenance is announced in advance where practical and scheduled for low-traffic windows. Emergency maintenance may not be.
- Support channels and response targets depend on your plan. Support covers the Platform, not your business decisions, your content, or a Third-Party Service.
- We improve the Platform continuously. We may add, change or remove features; where a removal materially reduces what you are paying for, we will give at least [30 days] notice and you may cancel for a pro-rata refund of the unused period.
- Uptime, backups and export tools do not replace your own records. Keep your own copies of anything you cannot afford to lose.
15 Suspension and termination
- You may cancel at any time from your account settings. See 7.6 for what happens to the period you have paid for.
- We may suspend or limit an account where there is unpaid Fees past the grace period, a breach of section 5 or section 6, a credible legal or security risk, or a lawful order requiring it.
- Except for serious or repeated breach, illegality, or risk to other customers, we will give notice and a reasonable chance to fix the problem before suspending.
- Either party may terminate for material breach that is not cured within [14 days] of written notice.
- On termination your store goes offline and your licence to the Platform ends. Fees already incurred remain payable.
- Your data. You can export your catalogue, orders and customer records at any time while the account is open. After termination we keep the data recoverable for [30 days] so a mistake can be undone, then delete it in line with our retention schedule.
- Sections that by their nature should survive — ownership, fees already owed, disclaimers, liability, indemnity and governing law — survive termination.
16 Disclaimers
- Except as expressly stated, the Platform is provided “as is” and “as available”, and we disclaim all implied warranties including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
- We do not warrant that the Platform will be uninterrupted or error-free, that defects will be fixed on any timetable, or that it will meet a requirement you have not agreed with us in writing.
- We make no promise about your commercial results. Nothing in our marketing — including any launch time, sales figure, conversion rate or growth number — is a guarantee. Illustrative figures are labelled as such and are not projections.
- Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, for fraud, or under mandatory consumer-protection law.
17 Limitation of liability
- Neither party is liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated savings, however caused.
- Our total aggregate liability arising out of this agreement in any [12-month] period is capped at the Fees you paid us in the [12 months] before the event giving rise to the claim.
- The cap and exclusions apply regardless of the legal theory, and even if we were told the loss was possible.
- These limits do not apply to your obligation to pay Fees, to either party's indemnity obligations, or to anything 16.4 preserves.
- You must bring any claim within [12 months] of becoming aware of it, unless local law gives you longer.
18 Indemnity
- You will defend and indemnify us against third-party claims arising from your Merchant Content, the goods or services you sell, your breach of these terms or of law, your messaging, your advertising, or a dispute with a Shopper.
- We will notify you promptly of any such claim, give you control of the defence, and cooperate at your expense. You may not settle in a way that admits our fault or imposes an obligation on us without our written consent.
19 Governing law and disputes
- This agreement is governed by the laws of [jurisdiction], without regard to conflict-of-law rules.
- The courts of [city, country] have exclusive jurisdiction, except that either party may seek injunctive relief anywhere to protect its intellectual property.
- Before filing, talk to us. Send a written description of the dispute to contact@zaisustechnologies.com; we will try in good faith to resolve it within [30 days].
- If you are a consumer, you keep the protections and the right to sue in the courts of your country of residence, whatever this section says.
- You may not assign this agreement without our consent. We may assign it to an affiliate or in connection with a merger or sale of the business.
- If a clause is held unenforceable, the rest stands. A failure to enforce a right is not a waiver of it. These terms are the entire agreement between us on this subject and replace any earlier understanding.
- Neither party is liable for failure to perform caused by events beyond reasonable control, including infrastructure and network failures outside our systems.
20 Changes to these terms
- We may update these terms. The version number and effective date at the top always tell you which version is live.
- For a material change we will give at least [30 days] notice by email or in the product. Continuing to use the service after it takes effect means you accept it; if you do not, cancel before then and we will refund the unused part of a prepaid period.
- Changes required by law or needed to address a security risk may take effect immediately.
- Previous versions are archived at [link to terms archive].
21 How to reach us
- Legal notices
- contact@zaisustechnologies.com, copied to ZAISUS TECHNOLOGIES (OPC) PRIVATE LIMITED, A4, Chandrasekhar Avenue, Thoraipakkam, Greater Chennai, Tamil Nadu 600097
- Support
- [support@yourdomain]
- Security and vulnerability reports
- [security@yourdomain]
- Privacy and data rights
- [privacy@yourdomain] — see the Privacy Policy
- Company details
- Zaisus Technologies · [Company registration number] · [Tax identifier]
We will send notices to the email address on your account. Keep it current — a notice sent there counts as received.
Read alongside our Privacy Policy.