Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the Upstorr platform, including our web application, mobile apps, POS services and related services (collectively, the "Services").

By creating an account, accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

2. Eligibility and Scope

• The Services are primarily intended for business users based in India.
• You must be at least 18 years old and capable of entering into a binding contract under Indian law.
• If you register on behalf of a company or legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
• Your inventory and warehouse locations must be within India. You may sell products worldwide, subject to applicable export, import and local laws.

3. Account Registration and Security

• You must provide accurate, current and complete information and keep it updated.
• You are responsible for maintaining login credential confidentiality and all activities under your account.
• You must notify us promptly of any unauthorised access or security breach.

We may suspend or terminate accounts that are inactive, inaccurate or in violation of these Terms.

4. Plans and Services

Upstorr offers multiple plans, including:

• Basic: free plan with limited backend features to manage business data, but with no storefront creation or storefront access. Merchants can use Basic to set up and operate core data workflows before upgrading to Pro.
• Pro: paid subscription with extended features (for example increased product limits, staff accounts, storefront access, additional POS locations, add-ons).
• Managed: premium services such as content creation, social media management and operational support, in addition to platform access.

Specific features, limits and pricing may change from time to time and will be described on our website or in plan-specific documentation.

5. Billing, Payments and Taxes

• Subscription fees and applicable charges are disclosed on our pricing page at purchase time.
• Payments are processed via third-party providers such as Razorpay and Pine Labs.
• You authorise Upstorr and payment partners to charge all applicable fees using your selected payment method.
• Fees are generally non-refundable except as described in our Refund & Cancellation Policy.
• You are responsible for all applicable taxes, duties and levies, including GST.

Failure to pay fees when due may result in suspension or termination of access.

6. Use of the Services

You agree to:

• Use the Services only for lawful business purposes and in compliance with applicable laws.
• Be solely responsible for products and services you sell, including descriptions, pricing, quality, support and fulfillment.
• Obtain and maintain all required licences, registrations and approvals for your business.

You must not:

• Sell prohibited or illegal goods or services, including items restricted under Indian law or payment rules.
• Engage in fraudulent, deceptive or misleading practices.
• Infringe intellectual property, privacy or other rights.
• Interfere with platform security or access other users' data without authorisation.

We may suspend or terminate access if we reasonably believe you violated these Terms or applicable law.

7. Relationship Between Upstorr, Merchants and Customers

• Upstorr provides technology infrastructure for merchants to run their business and interact with customers.
• Unless expressly agreed in writing for specific Managed engagements, Upstorr is not a party to merchant-customer sale contracts.
• Upstorr does not control or guarantee product quality/legality, listing accuracy, delivery timelines, returns or refunds between merchants and customers.

Merchants are solely responsible for customer relationships, terms of sale, return/refund policies and compliance with consumer-protection laws.

8. Intellectual Property

• Upstorr and its licensors own rights in the Services, including software, design, interfaces, trademarks and branding, except merchant-uploaded content.
• You retain ownership of your content, but grant Upstorr a non-exclusive, worldwide licence to host, use, display and process it to provide the Services.
• You represent that you have rights required to upload and use your content on the platform.

You must not copy, modify, reverse engineer or create derivative works of the Services except as allowed by law.

9. Managed Services

For Upstorr Managed and similar offerings:

• The service scope is defined in a separate agreement or statement of work.
• You remain responsible for reviewing and approving content before publication.
• Fees, performance expectations and cancellation notice periods are defined in the applicable agreement.

10. Term and Termination

• These Terms remain in effect while you have an active account or use the Services.
• You may cancel at any time via account settings or support; cancellation usually takes effect at the end of the current billing period unless otherwise stated.
• We may suspend or terminate access if you breach these Terms, fail to pay fees, or if required by law or by our partners.

Upon termination, access will cease, but we may retain certain data as required for legal, accounting or legitimate business purposes.

11. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee uninterrupted or error-free operation, or that the Services will meet your specific requirements.

12. Limitation of Liability

To the maximum extent permitted by law:

• Upstorr will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data related to use of the Services.
• Our total aggregate liability for all claims in any 12-month period will not exceed fees actually paid by you to Upstorr in that period.

If applicable law does not allow certain limitations, they apply to the fullest extent permitted.

13. Indemnity

You agree to indemnify and hold harmless Upstorr, its directors, employees and affiliates from claims, damages, losses, liabilities, costs and expenses (including legal fees) arising out of or related to:

• Your use of the Services,
• Your products, content or business activities, or
• Your violation of these Terms or applicable law.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes are subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated version and, where required, provide additional notice. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.