TERMS OF SERVICE
By signing up for a Plotch Account or by using any Plotch Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
The services offered by Plotch under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Ecommerce Services”) by enabling you to create and build your own online store, (“Online Store Services”), or both. Any such services offered by Plotch 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.
These terms may be updated from time to time in the future. You agree to review our Terms of Service regularly by visiting this page. Your continued access to or use of the service will mean that you agree to the changes. You will be notified of any significant changes to our Terms of Service.
1. Account Terms
To access and use the Services, you must register for a Plotch account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Plotch may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.You must be at least 18 years of age to open an Account.
The Services provided by Plotch are for business activity and not for any personal, purpose.
Plotch 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. The mail communication would be considered authentic only if they come from your primary Account email address.
Plotch cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
The customer is solely responsible for the creation and operation of his Plotch Store.
You acknowledge and agree to provide contact information, a refund policy and order fulfilment timelines on your Plotch Store. Plotch is not a marketplace. Any contract of sale through your Plotch Store is directly between you and the buyer.
The customer is solely responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with his Account (“Materials”).
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Plotch may result in an immediate termination of your Services.
2. Account Activation.
2. If an employee of a company signs up for services, then the employer will be the store owner, and the employee must use the employer-issued email address. The employee represents and warrant that he has the authority to bind his employer to our Terms of Service.
3. Your Plotch Store can only be associated with one Store Owner. A Store Owner may have multiple Plotch Stores. “Store” means the online store available at website or mobile app associated with the Account.
1. Based on your Plotch pricing plan, you can create one or more User accounts (“User Accounts”) allowing other people to access the Account. With User Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by User Accounts to specific business information (for example, you can limit User Account access to specific information / Reports as required .
2. The Store Owner is responsible and liable for the acts, omissions and defaults arising from user Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
3. The Store Owner and the users Accounts are each referred to as a “Plotch User”.
Upon purchasing a domain name through Plotch, domain registration will be preset to automatically renew each year so long as your Plotch Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. Provision of Service.
Plotch will make the Services and Software available to Customer pursuant to this Agreement, and provide such Services in accordance with this Agreement, during each Subscription Term. During the Subscription Term, Plotch grants to Customer a limited, non-exclusive right to access and use the Services and Software only for its internal business purposes., including the right to download,install and use the Mobile Apps in connection with the authorized use of the Services.
4. General Conditions
4.1 You acknowledge and agree that Plotch may amend these Terms of Service at any time by posting the amended Terms of Service on Plotch’s website, available at https://plotch.ai/terms_of_service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Plotch’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service
4.2 You would not be permitted to copy, exploit any portion of the service other than the intended official use. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Plotch or Plotch trademarks and/or variations and misspellings thereof.
4.3 You understand that your Materials (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
4.4 Plotch permits communications to your customers by short message service (SMS) messaging in compliance with these Terms of Service.
4.5 You acknowledge and agree that your use of the Services, including information transmitted to or stored by Plotch, is governed by its privacy policy at https://plotch.ai/privacy_notice
4.6 All Terms of Service shall be binding upon the parties and to their respective heirs, successors, and legal representatives. Plotch shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without prior written consent, to be given or withheld in Plotch’s sole discretion.
4.7 If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, or unenforceable in any respect, then such invalidity, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
5. Plotch Rights
5.1 Plotch reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
5.2 Plotch reserves the right of refusal of service at any time.
5.3 Plotch may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Terms of Service.
5.4 Verbal / written abuse or Inappropriate communication of any kind towards employees or officers, would result in immediate Account termination.
5.5 Plotch does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
5.6 The services provided are not exclusive – Plotch reserves the right to provide our services to any entities / including your competitors. You further acknowledge and agree that Plotch employees and contractors may also be Plotch customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 15) in doing so.
5.7 Account ownership: Plotch would seek to request documentation to determine or confirm Account ownership. Documentation may include, registration / license, government documents, employee status and others as applicable. Plotch retains the right to determine, in its sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. In case of disputes, Plotch reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
6. Responsibilities of Customer
6.1 Customer Account. Customer may need to register for an Account in order to access or receive the Services. Customer agrees to keep its Account information current, accurate and complete so that Plotch may send notices, statements and other information to Customer via email or through its Account, which notifications will be subject to this Agreement. Customer will be responsible for maintaining the confidentiality of User login information and credentials for accessing the Services and will notify Plotch promptly of any loss, misuse, or unauthorized disclosure of such login information and/or credentials of which Customer becomes aware. Plotch and its Affiliates will not be liable for any damage or loss that may result from Customer’s breach of the foregoing obligations.6.2 Use Restrictions. Customer agrees not to use the Plotch (as defined below) to: (i) process data on behalf of any third party other than Customer’s Users and End Users; (ii) send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of other laws; (iii) engage in unlawful conduct, including but not limited to violation of any person’s privacy or publicity rights; (iv) store or transmit any content that infringes upon any third party’s intellectual property rights; (v) interfere with or disrupt the integrity or performance of the Services and their components; (vi) post, transmit, upload, link to, send or store any content that is unlawful, hateful, abusive, libelous, obscene, or discriminatory; (vii) post, transmit, upload, link to, send or store any viruses, malware, or any other similar harmful software; (viii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable laws in India.
In addition, Customer will not: (ix) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Plotch Technology available to any third party other than Users and End Users, and then only in furtherance of its permitted business purposes as expressly permitted by this Agreement; (x) modify, adapt, or hack the Plotch Technology or otherwise gain or attempt to gain unauthorized access to the Plotch Technology, its related systems or networks; (xi) falsely imply any sponsorship or association with Plotch; (xii) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of Plotch Technology. Without limiting the foregoing, Customer is solely responsible for ensuring that Customer’s use of the Plotch Technology is compliant with all applicable laws and regulations, in India
7. Customer Data
7.1 Use of Customer Data. . As between the parties, Customer and its licensors retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data and any modifications made thereto in the course of the operation of the Plotch Technology. Subject to the terms of this Agreement, Customer hereby grants to Plotch and its Affiliates a non-exclusive, world-wide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Services, Software, Mobile Apps, and perform all related obligations owed to Customer under this Agreement, or as may be required by law. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer warrants that Customer has and will have sufficient rights in the Customer Data to grant the rights to Plotch under this Agreement.7.2 Data Security. The parties will comply with the terms of the Data Processing with respect to the provision and processing of Data as defined in this agreement. Plotch will use appropriate technical and organizational measures in the Services to protect the Customer Data from unauthorized access, processing, loss, or disclosure. Plotch measures are designed to provide a level of security appropriate to the risk of processing the Customer Data within the Services. Customer understands that Plotch and its Affiliates will process Customer Data in accordance with applicable data protection laws, under this Agreement.
8. Intellectual Property
8.1 Ownership Rights Customer Data is Customer’s Confidential Information under this Agreement. Customer and its licensors retain all right, title and interest in and to the Customer Data and all of Customer’s Confidential Information provided under this Agreement, and Plotch obtains no rights in the foregoing except for the express rights granted in this Agreement and the Privacy Policy. Plotch and its licensors retain all right, title, and interest in and to Plotch Technology. Customer acknowledges that the Services are offered as online, hosted solutions, and that Customer has no right to obtain a copy of the underlying computer code for any Services. Plotch may freely use and incorporate into Plotch’ products and services any suggestions, enhancement requests, recommendations, corrections, or other feedback provided by Customer or by any Users or End Users relating to Plotch products or services. Feedback and any other suggestions are provided by Customer exclusively “AS IS,” in Customer’s sole discretion, and will not be used by Plotch in any way that identifies or permits identification of Customer, its Affiliates, Users, or End Users.8.2 Usage Data. Usage Data includes but is not limited to query logs, and any data (other than Customer Data) relating to the Customer’s use of the Services, Software, Plotch’ websites, Plotch’ APIs, or the Plotch appstore (“Usage Data”). Notwithstanding anything to the contrary in this Agreement, Plotch may collect and use Usage Data to develop, improve, support, and operate its products and services. Plotch will not share Usage Data that includes Customer’s Confidential Information with a third party except (i) in accordance with Section 14 (Confidentiality) of this Agreement, or (ii) to the extent the Usage Data is aggregated and anonymized such that Customer and Customer’s Users and End Users cannot be identified. Plotch may use feedback and Customer (or Customer’s End Users) data to provide Customer reports on Customer’s usage/implementation of the Service, or for Plotch’ product development.
8.3 Updates. Plotch may update the Services and Software from time to time and Customer may receive notifications of Updates. Any Updates to the Services and Software are subject to this Agreement. Customer agrees that its purchase of the Services and Software is neither contingent upon the delivery of any future functionality or features, nor dependent upon any oral or written public comments made by Plotch with respect to future functionality or features.
8.4 Other Services. Certain other services, such as third-party applications, are made available to Customer through the Plotch services and Appstore. These Third Party Services may integrate with the Services and are not licensed by Plotch pursuant to this Agreement, but are governed by the third party provider’s terms and conditions and privacy policies that accompany them, which Customer must separately accept. By enabling Third Party Services, Customer understands and agrees that Plotch is neither responsible for Customer’s use of these Third Party Services, nor does it provide any warranties whatsoever for these Third Party Services. Plotch is not liable for any damage or loss caused or alleged to be caused by or in connection with Customer’s enablement, access or use of any such Third Party Services, or Customer’s reliance on the privacy practices, data security processes or other policies of such Third Party Services. Customer understands that Plotch is not responsible for providing technical support for the Third Party Services and that Plotch is not responsible for the data hosting and data transfer practices followed by the providers of such Third-Party Services.
9. Online Store Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the Online Store Services. The Online store services include the Plotch software, the Plotch online website, programs, documentation, apps, tools, internet-based services and components, Plotch’s hardware/ Equipment and any updates thereto provided to you by Plotch.9.1 Access to and use of the Online webstore Services requires that you have an active and valid Account.
9.2 You can terminate your Online store Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated Online store Services).
9.3 You agree to use the Online store Services in accordance with all procedures that may be provided by Plotch from time to time
9.4 While the Online store Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the Online store Services, and we will not be liable for any unauthorized access to or use of data transmitted via the Online store Services.
10. Theme Store
10.1 You may establish the appearance of your Plotch Store with a design template from Plotch’s Theme Store (“a Theme”). You would be licensed to use every Theme for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact Plotch Support. You are not permitted to transfer or sell a Theme to any other person’s Store on Plotch or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. Plotch gives no assurance that a particular Theme will remain available for additional downloads.
10.2 The Customer may modify the Theme to suit his Store. Plotch may add or modify the footer in a Theme that refers to Plotch at its discretion. Plotch may modify the Theme where it contains, in our sole discretion, an element that violates the Plotch Terms of Service, even if you received the Theme in that condition. Plotch may modify the Theme to reflect technical changes and updates as required.
10.3 The intellectual property rights of the Theme remain the property of Plotch. In case of any breach to terms, Plotch may take legal action against you, and, without prejudice to our other rights or remedies, Plotch may take action such as modifying your Store or closing your Store
10.4 Technical support for a Theme is the responsibility of the Plotch.
10.5 It is the responsibility of the user, and not Plotch, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user
11. Plotch Email
You may generate or send email from your Account using the Plotch email services (the “Email Services”). the following terms apply to your access and use of the Email Services:1. Plotch employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Plotch’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Plotch the right to employ such Content Scanning. Plotch does not warrant that the Email Services will be free from Threats, and each Plotch merchant is responsible for all content generated by their respective Stores
2. Your use of the Email Services must comply with all applicable laws.in the respective jurisdiction, including but not limited to unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
3. Your use of the Email Services must comply with Plotch’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
4. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, or other sensitive data through the Email Services.
5. Your use of the Email Services must follow all applicable guidelines established by Plotch. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
Using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
Using purchased or rented email lists;
Using third party email addresses, domain names, or mail servers without proper permission;
Sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
Sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
Failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
Failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
Failing to include in each email a link to the then-current privacy policy applicable to that email;
Disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
Failing to include in each email your valid physical mailing address or a link to that information; or
Including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
6. If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Plotch support. Plotch’s Email Services utilize Third Party Providers. Your use of the Email Services is subject to third party’s Acceptable Use Policy as it may be amended from time to time.
12. Fees and Payment
12.1 Fees and Payment. All charges associated with Customer’s Account (“Fees”) are set forth in the Order Form, and are due and payable in full within thirty (30) days from the invoice date. Payment obligations are non-cancelable, regardless of utilization by the Customer and except as expressly permitted in this Agreement, Fees paid are non-refundable. Customer will pay the Fees through an accepted payment method as specified in the Order form. Customer’s subscription to the Services will renew automatically for a Subscription Term in accordance with the renewal terms and conditions set forth in Section 13(b) below.12.2 Late Payments. If undisputed Fees are more than thirty (30) days overdue, then, following written notification from Plotch, Plotch may suspend Customer’s access to the Services and/or Mobile Apps, including, without limitation, Customer’s Account, until such unpaid Fees are paid in full.
12.3 Payment Disputes. Plotch will not exercise its rights under Section 12(b) (Late Payments), 13(d) (Termination for Cause) or Section 13(c)(i) (Suspension of Service) with respect to non-payment by Customer if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. If the parties are unable to resolve such a dispute within thirty (30) days, each party will have the right to seek any remedies it may have under this Agreement, at law or in equity, irrespective of any terms that would limit remedies on account of a dispute. For clarity, any undisputed amounts must be paid in full.
12.4 Applicable Taxes. The Fees are inclusive of all local taxes, including GST. Customer agrees to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent Plotch is legally required to collect the same, will be itemized on the Plotch invoice.
12.5 Orders by Affiliates. Customer’s Affiliates may purchase Services directly from Plotch by executing a separate agreement. If the Affiliate resides in a different country than Customer, then the agreement would include modifications to terms applicable to the transaction(s) (including but not limited to tax terms and governing law).
13. Term, Termination and Suspension.
13.1 Term. This Agreement is effective as of the Effective Date (or, for online Customers, the date of sign up on the Website) and will continue through the then-current Subscription Term. Service Plans commence on the start date specified on the plans or as specified in the “Order Form” or “ Supplement terms(wherever applicable)“ and continue for the Subscription Term specified therein.13.2 Renewal. Unless a party gives written notice of non-renewal at least Thirty (30) days prior to the expiration of the relevant Subscription Term, Service Plans will automatically renew for a period equal to the previous Subscription Term or one year (whichever is shorter). Plotch reserves the right to increase the Fees at the beginning of each Subscription Term.
13.3 Suspension. Plotch may suspend Customer’s access to the Services, Software, Mobile Apps and/or Customer’s Account, on the following grounds: (i) late payment/non-payment of undisputed Fees, per the process noted in Section 12 above; (ii) non-renewal of the Services by Customer; (iii) Customer’s or its Users’ breach of Section 6 (Use Restrictions); or (iv) in the event suspension is deemed necessary by Plotch to prevent or address the introduction of Malicious Software, a security incident, or other harm to Customer, Plotch, or Plotch' other customers. Plotch will notify Customer of any such suspension. Plotch will use diligent efforts to attempt to limit, where commercially feasible, the suspension to affected Users or Plotch Technology, and will immediately restore the availability of the same as soon as the issues leading to the suspension are resolved. Such suspension will in no way affect Customer’s other obligations under this Agreement.
13.4 Termination for Cause. Either party may terminate this Agreement within Thirty (30) days by written notice to the other party in the event that (i) such other party materially breaches this Agreement and does not cure such breach within thirty (30) days of such notice, or (ii) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
13.5 Free Trial Customers. Upon the expiration of Customer’s free trial, Plotch may immediately suspend Customer’s access to the Services. Customer must export Customer Data before the end of the free trial or Customer Data will be permanently deleted. Plotch will have no obligation to maintain, store or otherwise retain Customer Data beyond the end of the free trial period.
13.6 Data Export. Upon termination or expiration of this Agreement for any reason, Customer’s access to the Services, Software, Mobile Apps, APIs and other Plotch Technology will terminate. Plotch strongly recommends that Customer export all Customer Data before Customer closes Customer’s Account. Customer agrees, following the termination or expiration of this Agreement or an unrenewed Subscription Term, that Customer Data will be deleted.
14. Confidentiality.
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement, and will disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this section will supersede any non-disclosure agreement by and between the parties entered into prior to this Agreement that would purport to address the confidentiality of any information shared by the parties, including Customer Data, and such agreement will have no further force or effect with respect to the foregoing. If the receiving party is required by law or court order to disclose Confidential Information of the disclosing party, then the receiving party will, to the extent legally permitted, provide the disclosing party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information.
15. Warranties/Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, PLOTCH MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED "AS IS". OK
16. Limitation of Liability.
16.1 Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, NEITHER PLOTCH, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES OR AFFILIATED COMPANIES WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.PLOTCH WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN THE CONNECTION WITH THE PLOTCH SERVICE AND SHALL USE SUCH INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
16.2 Cap on Damages. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PLOTCH FOR THE PLOTCH SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR Rs. 1000, WHICHEVER IS LESSER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
16.3 Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
16.4 Plotch does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
16.5 Plotch does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
16.6 Plotch is not responsible for any of your tax obligations or liabilities related to the use of Plotch’s Services
16.7 Plotch does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected and our liability is limited.
17. Indemnification.
17.1 Indemnification by Plotch. Plotch will defend Customer and its Affiliates, from any third party claim alleging that Customer’s use of the Plotch Technology as contemplated hereunder infringes such third party’s patent, copyright and/or trademark intellectual property rights (an “IP Claim”), and will indemnify and hold harmless Customer and its Affiliates from and against any damages and costs awarded against Customer or its Affiliates, or agreed in settlement by Plotch (including reasonable attorneys’ fees) resulting from such IP Claim. Plotch will have no liability or obligation with respect to any IP Claim if such claim is caused in whole or in part by (i) unauthorized use of the Plotch Technology by Customer, its Affiliates or Users; (ii) modification of the Plotch Technology by anyone other than Plotch or its representatives; (iii) or the combination, operation or use of the Plotch Technology with other data, hardware or software not provided by Plotch.17.2 Indemnification by Customer Customer will defend Plotch and its Affiliates from any third party claim (“Claim”), and will indemnify and hold harmless Plotch and its Affiliates from and against any damages and costs awarded against Plotch and its Affiliates, or agreed in settlement by Customer (including reasonable advocate’ fees) resulting from such Claim, to the extent caused by: (i) modifications of the Services, Software, Mobile Apps, or Documentation by Customer, its Affiliates, Users, or third party contractors, (ii) Customer’s or its Affiliate’s unauthorized supply, disclosure, or processing of Customer Data, including Personal Data therein, (iii) Customer’s or its Affiliate’s violation of laws applicable to Customer’s or its Affiliate’s business, and (iv) any dispute between Customer or its Affiliate and an End User pertaining to Customer’s or the Affiliate’s commercial offerings. Customer will have no liability or obligation with respect to any Claim if such claim is caused in whole or in part by (a) Plotch’ or its Affiliate’s breach of this Agreement or violation of applicable law, or (b) acts or omissions leading to Plotch' obligation to indemnify Customer pursuant to Section 17(a) above.
18. Modifications to the Service and Prices
18.1 Prices for using the Services are subject to change upon 30 days’ notice from Plotch. Such notice may be provided at any time by posting the changes to the Plotch Site (plotch.ai).
18.2 Plotch reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
18.3 Plotch shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
19. Third Party Services, Experts, and Experts Marketplace
19.1 Plotch may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Plotch App Store, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
19.2 We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Plotch has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Plotch’s websites, including the Plotch App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Plotch. Plotch does not guarantee the availability of Third Party Services and you acknowledge that Plotch may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Plotch is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Plotch strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
19.3 If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Plotch is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
19.4 The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Plotch is not obligated to intervene in any dispute arising between you and a Third Party Provider.
19.5 Under no circumstances shall Plotch be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Plotch has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
19.6 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Plotch partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
20. Feedback and Reviews
Plotch welcomes any ideas and/or suggestions regarding improvements or additions to the Services.
21. Rights of Third Parties
Save for Plotch and its affiliates, Plotch Users or anyone accessing Plotch Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
22. Privacy & Data Protection
Plotch 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 Plotch’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
23. Miscellaneous.
23.1 Use of Third Parties for Payment Processing. Plotch may use a third-party service provider to manage payment processing provided that such service provider is not permitted to store, retain, or use Customer’s payment account information except to process Customer’s payment information for Plotch. Customer must notify Plotch of any change in Customer’s payment account information, either by updating Customer’s Account and by e-mailing Plotch at support@plotch.ai23.2 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety, without the other party’s consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section will be null and void.
23.3 Waiver and Severability. The failure of Plotch to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
23.4 Entire Agreement. This Agreement, together with any Supplement terms, constitutes the entire agreement and supersedes any and all prior agreements or communications between Customer and Plotch regarding the subject matter hereof. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the original.
23.5 Publicity Rights. Plotch may identify Customer as a Plotch customer in its promotional materials. Customer may request that Plotch stop doing so by submitting an email to support@plotch.ai at any time. Please note that it may take us up to thirty (30) days to process a request.
23.6 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
23.7 Survival. Sections 7.b (Use Restrictions), 9 (Intellectual Property), 13 (Fees and Payment), 14 (Term, Termination and Suspension), 15 (Confidentiality), 16 (Warranty Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), 24.d (Entire Agreement), 24.g (Survival), 24.h. (Notices), 24.k (Governing Law) and 24.l (Dispute Resolution) and 25 (Definitions) will survive any termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.
23.8 Notices. All notices to be provided by one party to the other under this Agreement may be delivered in writing to the mailing address provided in the agreement. The address for a notice to Plotch is: Plotch Unit No. 138, 1st Floor, Satguru Nanik Industrial Estate, Western Express Highway, Goregaon East, Mumbai-400063, Mahasrahtra, India with a copy to support@plotch.ai by electronic mail. All notices will be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, five (5) business days after being deposited in the mail or with a courier as permitted above.
23.9 Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, Customer will use reasonable efforts to promptly notify Plotch at support@plotch.ai
23.10 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to, acts of God, acts of government, acts of terror or civil unrest, Internet failures, or acts undertaken by third parties not under the performing party’s control, including, without limitation, denial of service attacks (“Force Majeure Event”). In the event that a Force Majeure Event continues for a period of thirty (30) consecutive days, the other party may terminate this Agreement on written notice to the non-performing party. If Plotch is the party experiencing the Force Majeure Event and as a result thereof is unable to provide the Services, Software or Mobile Apps for the period noted herein, and Customer terminates this Agreement, then Plotch will provide Customer a refund of fees paid by Customer pro-rated as of the date the Force Majeure Event commenced.
23.11 Governing Law. This Agreement is governed by the laws of India. The parties hereby submit to the exclusive jurisdiction of Mumbai, for any claims or dispute relating to this Agreement.
23.12 Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by arbitration in Mumbai, India. Judgment on the Award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
23.13 Representation. The user utilizing any service as an employee, agent or contractor of a company, Partnership or similar entity, represents and warrants that he / she has the authority to sign for and bind such entity in order to accept the terms of this agreement. The Rights granted under this agreement are expressly conditioned upon acceptance by such authorized personnel.
23.14 Modifications to this Agreement. From time to time, Plotch may modify this Agreement. Changes to this Agreement will not apply retrospectively and will become effective no sooner than 14 days after they are posted. Plotch will use reasonable efforts to notify Customer of the changes through communications via Customer’s Account, email or other means.
23.15 “Effective Date” of this Agreement is the date which is the Customer’s initial access to any Service through online registration or order process. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.
23.16 Acceptance: By accepting this agreement or accessing this using this service, you are agreeing to the terms and conditions of this agreement.
24. Definitions.
“Account” means any accounts or instances created by or on behalf of Customer for access to and use of any of the Services.“Affiliate" or "Subsidiary" means, with respect to a party to this Agreement, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
“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. Plotch’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 does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
“Customer Data” means, all electronic data, text, messages or other materials, including, without limitation, Personal Data of Users and End Users, submitted to the Services by Customer or its Users through Customer’s Account in connection with Customer’ use of the Services.
“Documentation” means, the then-current, generally available user documentation provided by Plotch detailing the functionalities of the Software and the Services.
“End User” means, any person or entity other than Customer authorized by it for using the Services.
“Order Form” means, (i) any service order referencing this Agreement and executed by Customer and Plotch, or (ii) any online ordering document or process completed by Customer, including any online registration through a Website, each of which detail, the Services subscribed to and corresponding Service Plans, Fees payable to Plotch, the applicable Subscription Term, and any relevant additional terms and conditions.
“Plotch Technology” means, (i) the Services, Software, Mobile Apps, Documentation, Plotch’ APIs, Plotch’ website(s) and any content published on the Plotch’ websites, (ii) any training materials, support materials, templates, tools, methodologies or know-how, (iii) Plotch’ Confidential Information and (iv) any modifications or derivative works of the foregoing.
“Mobile App” means, the Plotch-branded Software applications provided by Plotch to enable access and use of the Services through mobile or other handheld devices (such as apps on iOS or Android devices).
“Personal Data” means, data relating to an individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller (as defined under applicable data protection laws).
“Privacy Policy” means, Plotch’ privacy policy currently at plotch.ai/privacy-policy as updated from time to time
“Services” means, the Plotch software-based service offerings identified in the agreement orSupplement terms, and any Updates, including any Software, API or Documentation made available by Plotch with such offering, but excludes any applications or APIs separately provided by third parties.
“Service Plans” means, the pricing plans and other packaged offering limitations for and the applicable Services for which Customer subscribes with respect to any User.
“Software” means the generally available software provided by Plotch in connection with Customer’s use of the Services, and includes Mobile Apps, but excludes any applications or APIs that are provided by third parties.
“Subscription Term” means, the period stated in the “Order form” during which Customer subscribes to the Services.
“Supplemental Terms” means, the Services specific terms in addition to this agreement.
“Update” means, the generally available updates, upgrades, hot fixes, patches, workarounds to the Software or Service provided by Plotch to all subscribing customers, but excludes separately priced new products or modules.
“User” or “Agent” means, any individual who is authorized by Customer to use the Services, including an Account administrator, employees, consultants, contractors, and agents of Customer or its Affiliates, and third parties with which Customer or its Affiliates transact business.