Terms of Service

Last Updated: June 12, 2024

Please read these terms and conditions carefully before using Our Service.

These are the Terms and Conditions governing the use of this Service (Website, recommendation services, APIs, SDKs, Plugins and any other service we provide) and the agreement that operates between You (Customer/Subscriber/User) and the Company (Etchtech Global Solutions LLP). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

General Terms Of Service

These Terms are made for the purpose of controlling the delivery of Company’s Services and granting a subscription to use Company’s Recommendation Service, support and other services (as defined below) to Subscriber.

Company shall provide Premium services to Subscriber. Instructions on how to use the Recommender correctly are listed on documentation section of Company’s website (hereinafter “the Documentation”). In order to provide the Services, Subscriber may be required to connect to Company’s systems or network (Company Network). Company shall provide to Subscriber the Coupons to upload data (such as users, items and interactions) into the Company Network and access recommendations. Company also provides software clients and applications simplifying access to the Services; these clients are provided without any guarantee. Company shall maintain the Documentation in a state that allows for a correct and effective use of the Service. Subscriber shall follow the Documentation; Company shall not be responsible for any loss or troubles resulting from Subscriber’s failure to follow the Documentation.

Company shall provide Subscriber with an access to the Admin User Interface through which Subscriber may manage the Services. Upon the access to the Admin User Interface an app is created. At company, an app refers to an established method for connecting a Subscriber (user) and the Services. Company has no obligation to provide Subscriber with multiple apps.

Subscriber agrees not to use the Services for processing of personal data. Should Subscriber be interested in personal data processing, a separate agreement would be negotiated.

The Services are to be used solely for Subscriber’s lawful business purposes. Subscriber shall not use or allow the use of the Services in a manner that interferes with the use of the Service by Company or by any other authorized, third party user. Subscriber shall use the Services only for recommendation services. The use of the Services for other purposes will be considered as an abuse of Terms and may lead to an account suspension. Unless explicitly agreed otherwise, Subscriber shall have sole responsibility for the expenses associated with deployment of any hardware or software necessary to access the Service. Each Party retains all right, title and interest in and to its intellectual property. No licenses will be deemed to have been granted by either Party to any of its intellectual property. Subscriber agrees not to modify, copy, or reverse engineer the Service or any other software used by Company in the provision of the Services.

Free Trial

If Subscriber registers at Company’s websites for a free trial (“Trial Plan”) of the Services, it will automatically start a Trial Plan period of the Services on the day of registration. Company will make the Services available to Subscriber on a trial basis free of charge until (a) the end of a thirty-day trial period (the “Trial Period”), (b) the start of any paid subscription for the Services, or (c) termination by Company at its sole discretion. If, at the end of the Trial Period, Subscriber does not sign up for a paid subscription of the Services, their account will be automatically terminated. The Trial Period lasts 30 days unless Company agrees, in its sole discretion, to extend it. All Trial Plans are provided without warranty of any kind. Company may terminate or immediately suspend a Trial Plan at any time and for any reason (or no reason). Company does not hold any obligation or liability for the damage that could arise from using a Trial Plan, along with any obligation or accountability with respect to Subscriber’s data.

Paid Services

In case of paid subscription to Company’s services, Company guarantees that the Services will meet the following standards (calculated per calendar year): 99% uptime for the Recommendation services; Average response time less than 500 milliseconds; 95% User Interface availability; Company shall use commercially reasonable efforts to provide the Services without any service outage. Should the Services not meet the guarantees, Company shall provide Subscriber with an appropriate discount. The Services encompass specific usage limits, e.g., every subscription needs to be bound to a single domain name (Organization) and specified usage limits that are agreed in a relevant Order Form (Simplified usage limits information can be found in the pricing page of website). If the Services are accessed in a way that exceeds the specified contractual traffic limits or storage or bandwidth limit a new offer will be automatically generated for Subscriber’s approval.

Termination

The contractual relationship shall commence on the Effective Date and shall continue until Company or Subscriber decides to terminate it. Company may immediately terminate it upon written notice, e.g. if Subscriber breaches the Terms by abusing the Services. If Subscriber wishes to terminate the contractual relationship, he shall send Company a termination request and Company will close Subscriber’s account and delete Subscriber’s data within 30 days. Subscriber can terminate Company Service subscription by submitting a notice. After Company receives the termination notice, the Services will be provided to Subscribers throughout the remainder of the then-current term. Subscriber’s project/app/instance will be suspended effective as of the final day of the then-current term. The contract is entered into for an indefinite term. If not stated otherwise in the customized offer, either Party may terminate this contract with one month notice without giving any reason. The notice shall be delivered by email to company and the notice period shall commence on the first day of the calendar month following the month in which the notice is delivered. If Subscriber attempts to breach Terms by performing activities abusing the Services, all suspicious accounts will be deleted immediately.

Fees and Payment Terms

If not agreed otherwise, the Services are available on a subscription basis (for simplified version of pricing please visit our pricing page). Subscriber agrees to cover the relevant subscription fees based on the agreement with the customized offer in consideration for the access rights created to Subscriber and the services provided to Subscriber by Company. If not agreed otherwise, Company shall issue an invoice for the Services at the end of each calendar month. Subscriber shall pay the invoiced amount to Company’s bank account on or before the due date. The invoice shall contain all prescribed requirements of a tax document set forth by relevant legal regulations. In case the invoice does not contain the prescribed requirements or Subscriber does not agree with the invoiced items, he is obliged to communicate its reservations to Company within the invoice’s maturity period. Failing to do so or paying the invoice is considered acceptance of the invoiced amount. In case of legitimate reservations, a new maturity period commences as of the day of delivery of a new or corrected invoice. In cases in which the relevant fees are past the due date, Company may charge 10% p.a. Interest on late payment and will be entitled to terminate it’s Services provided to you and suspend your project/application, along with the Authorised User Access towards the Service, up until the amount that is needed to be compensated is fully paid.

By providing your credit card details to Company, you approve Company to give authorisation to our third party full-stack payment platforms Chargebee, Stripe, Paypal to store and keep you card details and charge your credit card for the subscription fees and overage fees that are associated with the basic terms and future renewal terms. These credit card charges will be done in accordance to billing frequencies which are set in the applicable Order Form. In the case Subscriber chooses payment other than credit card in the Order Form, Company sends the invoice or PayPal payment request in accordance to billing frequencies which are set in the applicable (usually monthly, in the beginning of the month for the Service to be used for the upcoming month) All fees are exclusive of any tax. Should the Value Added Tax (VAT) or any other tax or duty be applicable to the services, Company shall calculate it on the invoice according to the applicable laws and it shall be paid by Subscriber. Company reserves the right to change the fees for the Services and to introduce new charges and fees, with a thirty (30) days prior notice to you (which can be sent through an email). If you (Subscriber) would like to make any enquiries, you should get in touch with Company’s support department by email. Third Party Fees. Your credit card issuer may charge you a foreign transaction fee or other charges for the payments. Subscriber is responsible to check with the credit card issuer regarding these details.

Service Changes

Company may make upgrades or changes to the Services which will not materially diminish the functionality of the Services without prior notice to Subscriber. In the event that a change to the Services would, in Company’s reasonable discretion, materially affect Subscriber, Company shall provide Subscriber with an advanced notice.

Use of Subscriber Data

Company will not access or use Subscriber Data, except those necessary to provide the Services to Subscriber. The Parties have agreed that personal data processing is not part of the Services; should Subscriber want Company to process any personal data, a separate agreement needs to be negotiated.

Confidentiality

Each party (“receiving party”) agrees to keep and maintain the confidentiality of the other party’s (“disclosing party”) confidential information and to disclose it only to its authorised personnel. The receiving party undertakes that if it becomes aware that there has been, as a result of or in the course of the performance of this agreement, unauthorised disclosure or use of the disclosing party’s confidential information, it shall promptly bring the matter to the attention of the disclosing party in writing.

The obligations of the parties in relation to the maintenance and non-disclosure of confidential information in terms of this Terms of Service does not extend to information that :

Is disclosed to the receiving party in terms of or pursuant to the implementation of this Terms of Service but at the time of such disclosure, such information is known to be in lawful possession or control of the receiving party and not subject to an obligation of confidentiality;

Is or becomes public knowledge otherwise than pursuant to a breach of this Terms of Service by the receiving party;

Becomes available to the receiving party from a source other than the disclosing party or personnel of the disclosing party;

Is required by the provisions of any law, statute or regulation, or during any court proceedings, or by the rules or regulations of any recognised stock exchange to be disclosed and the receiving party required to make the disclosure has taken all reasonable steps to oppose or prevent the disclosure of or to limit, as far as reasonably possible, the extent of such disclosure and has consulted with the disclosing party prior to making such disclosure; or Is, at the time of disclosure, in the public domain.

 The provisions of this clause shall survive the termination or expiration of this Terms of Service.

Use of Name and Trademarks

Neither Party shall use the trademarks or service marks of the other Party in any advertising, promotional or marketing materials without such other Party’s prior written consent, provided, however, that Company may identify Subscriber as a Subscriber of Company without prior approval.

Not withstanding the above, Subscriber agrees that it shall participate in either or both a press release and case study with Company announcing Subscriber’s use of the Services (“Press Release” and “Case Study”). Either or both the Press Release and the Case Study shall be prepared by Company and shall be subject to approval by Subscriber, such approval not to be unreasonably withheld. Company may use Subscriber’s name and trademark or service marks on Company’s web site and on other tangible and electronic marketing materials, provided that Company shall comply with such reasonable trademark or service mark usage guidelines as provided by Subscriber from time to time.

Limitation of Liability

Each Party represents and warrants that it has the requisite corporate power and authority to enter into this Terms of Service and to carry out the transactions contemplated hereunder. Subscriber represents and warrants that it will comply in all respects with the export restrictions applicable to any hardware, software and technology delivered to Subscriber and will otherwise comply with the applicable laws and regulations in effect during the term.

COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE AND DOES NOT WARRANT THE SERVICES AGAINST MALFUNCTION OR CESSATION DUE TO CESSATION OR MALFUNCTION OF ANY INTERNET SERVICE PROVIDER OR ANY OF THE THIRD PARTY NETWORKS THAT FORM THE INTERNET. EXCEPT AS SET FORTH HEREIN, ALL SERVICES ARE PROVIDED “AS IS“ AND “AS AVAILABLE“ AND COMPANY MAKES NO WARRANTIES TO Subscriber OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, END USERS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE OBTAINED FROM USE OF THE SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR LOST EQUIPMENT, ANY WEBSITE OR NETWORK DOWNTIME, COST OF PROCURING SUBSTITUTE SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, WHICH ARE RELATED TO THIS TERMS OF SERVICE AND THE PROVISION OF SERVICES AND PRODUCTS HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Company shall not be liable for any failure in provision of the Services resulting from:

Subscriber’s misuse or abuse of the Services;

Non-performance or negligent or unlawful acts or omissions by Subscriber or Subscriber’s agents or suppliers;

Unavailability of Subscriber’s network or the network of the party conducting the query, including that resulting from telecommunications failures;

Problems or delays associated with third party networks or networks outside Company’s control;

Force majeure events or denial-of-service attacks or similar malicious attacks on Company’s infrastructure or Subscriber, its authorized agents or suppliers;

Scheduled maintenance notified to Subscriber in advance.

ARBITRATION

Any Dispute arising out of or relating to this Terms of Service, or the breach thereof, will be settled by final and binding arbitration administered by the Arbitration Court, affiliated to the Republic of India. Each Party will bear its own costs relating to such arbitration, and the Parties will equally share the arbitrators’ fees. The arbitration and all related proceedings and discovery will take place pursuant to a protective order entered by the arbitrators that adequately protects the confidential nature of the Parties’ proprietary and Confidential Information. In no event will any arbitration award provide a remedy beyond those permitted under these Terms, and any award providing a remedy beyond such will not be confirmed, no presumption of validity will attach, and such award will be vacated. In the event that any of the terms and provisions of this Terms of Service are held to be invalid or unenforceable, such determination shall not affect the operation of the remaining provisions of this Terms of Service, which shall remain in full force and effect. The Parties shall replace the invalid or unenforceable provisions with valid and enforceable provisions that best respect the intended objectives of the invalid or unenforceable provisions. The Terms of Service is executed in two counterparts. Each party shall receive one.

Governing Law

The Terms of Service shall be governed by, and construed in accordance with, the laws of Indian constituency, without regard to its conflict of law principles that would apply the law of another jurisdiction.

The Parties declare that they have read the Terms of Service, understand its content, agree with it in full and desire to be bound by it.