These terms and conditions ("Terms") govern your use of the SaaS products SmoothCode, FoxSell, and FoxCartPro (hereinafter referred to as the "Products") and their associated websites, including any related applications and services (collectively, the "Services") available at the domains www.smoothcode.io and www.foxsell.app (hereinafter referred to as the "Websites"). The Services are provided by SMOOTHIOTECH SOFTWARES PRIVATE LIMITED, including its co-founders Prakhar Shrivastava and Adhithya Vijai (hereinafter referred to as "we," "us," or "our").
2. Acceptance of Terms
By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
3. Use of Services
You may use the Services only for lawful purposes and in compliance with these Terms. You may not use the Services to:- Violate any applicable laws or regulations:
- Infringe upon the intellectual property rights of others;
- Engage in fraudulent, deceptive, or misleading conduct;
- Harass, intimidate, or threaten others;
- Transmit any viruses, malware, or other harmful code;
- Collect or store personal information about others without their consent;
- Interfere with the operation of the Services or the networks used to provide the Services; or
- Engage in any other activity that is harmful to us, the Services, or our users.
4. Account Registration
To use certain features of the Services, you may need to create an account. When you create an account, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials, and you agree not to share your credentials with others or allow others to use your account.
5. Payment and Billing
If you subscribe to our paid Services, you agree to pay all fees and charges associated with your use of the Services. We may change the fees and charges at any time, but we will provide notice to you before doing so. You are responsible for keeping your billing information up-to-date and for paying all fees and charges on time.
6. Ownership and Intellectual Property
The Services, including all content, software, and other materials, are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or otherwise use any of the Services or the content without our prior written permission.
7. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, without any warranties of any kind. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements, that the Services will be uninterrupted or error-free, or that any defects in the Services will be corrected.
8. Limitation of Liability
We will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. Our total liability to you for any and all claims arising out of or in connection with these Terms or the Services will not exceed the amount paid by you for the Services during the six months preceding the claim.
You agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with your use of the Services or your breach of these Terms.
10. Modifications to the Services and Terms
We may modify, suspend, or discontinue the Services at any time, without notice or liability to you. We may also modify these Terms at any time by posting the modified terms on the Websites. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms or the Services shall be resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English in New Delhi, India. The award rendered by the arbitrator shall be final and binding, and judgment may be entered thereon in any court of competent jurisdiction.
- These Terms constitute the entire agreement between you and us regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral.
- If any provision of these Terms is deemed invalid or unenforceable, such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect.
- Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce such provision.
13. Contact Us
If you have any questions or concerns about these Terms or the Services, please contact us at firstname.lastname@example.org