Terms & Conditions

• Effective Date: February 4, 2025
• Last Updated: February 4, 2025

• 1. Definitions
• "Account": The account created by the Seller to access and use the Services.
• "Confidential Information": All non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential.
• "Customer": An end-user who purchases products or services from the Seller through the Platform.
• "Documentation": The user guides, online help, release notes, training materials, and other documentation provided or made available by Shoptsy to the Seller regarding the use or operation of the Services.
• "Order Form": A document executed by both parties that specifies the Services to be provided by Shoptsy to the Seller, including any applicable fees and terms.
• "Platform": The SaaS-based e-commerce solutions offered by Shoptsy, including all related applications, tools, and services.
• "Subscription Plan": The pricing model under which the Seller accesses the Services, covering email and SMS usage fees.
• "Third-Party Services": Services, products, or applications provided by third parties that may be integrated with or used in conjunction with the Platform.
• "Seller": Refers to the individual or business using Shoptsy to create and manage an online store.
• "User": Any individual who accesses or uses the Platform, including Sellers and Customers.
• 2. Eligibility and Account Registration
1. 2.1. Eligibility:
   By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract under Indian law. If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. 2.2. Account Registration:
   • To access and use the Services, you must create an Account by providing accurate and complete information, including your legal name, business name, address, contact details, and any other information requested during the registration process.
   • You agree to keep your Account information up-to-date and accurate at all times.
   • You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
3. 2.3. Account Security:
   • You are solely responsible for implementing and maintaining appropriate security measures to protect your Account, including using strong passwords and restricting access to your devices.
   • We are not liable for any loss or damage arising from your failure to comply with these security obligations.
• 3. Services Provided
1. 3.1. Scope of Services:
   Shoptsy provides a comprehensive SaaS-based e-commerce platform that enables Sellers to:
   • Create, customize, and manage online stores.
   • Integrate with third-party payment gateways for transaction processing.
   • Manage product listings, inventory, and orders.
   • Access marketing and SEO tools to enhance online presence.
   • Utilize analytics and reporting features to monitor store performance.
   • Access customer support tools to manage Customer interactions.
2. 3.2. Service Availability:
   • We strive to ensure that the Platform is available 24/7; however, we do not guarantee uninterrupted access and may experience downtime due to maintenance, technical issues, or other unforeseen circumstances.
   • We reserve the right to modify, suspend, or discontinue any part of the Services at any time with prior notice to you.
3. 3.3. Third-Party Services:
   • The Platform may integrate with Third-Party Services to enhance functionality. Your use of such services is subject to the terms and conditions of the respective third-party providers.
   • We are not responsible for the performance, accuracy, or reliability of any Third-Party Services.
• 4. Subscription Plans and Payments
1. 4.1. Free Store Creation and Maintenance:
   • Shoptsy provides free access to its SaaS-based e-commerce platform, allowing Sellers to create, customize, and manage their online stores without any subscription fees or maintenance costs.
   • There are no hidden charges for hosting, store setup, or basic platform features.
2. 4.2. Charges for Email and SMS Services:
   • Shoptsy only charges for email and SMS services used by Sellers for customer notifications, marketing campaigns, and transactional messages.
   • The pricing for email and SMS services is based on a pay-as-you-go model, with costs depending on the number of messages sent.
   • Detailed pricing for these services is available on the Pricing or can be requested via support@shoptsy.in
3. 4.3. Payment Terms:
   • Charges for email and SMS services are billed on a prepaid basis. Sellers must maintain sufficient credit in their Shoptsy account to use these services.
   • Payments must be made using the payment methods specified by Shoptsy, such as UPI, credit/debit cards, or net banking.
   • In case of insufficient funds, email/SMS services may be temporarily suspended until the Seller adds credit to their account.
4. 4.4. Refunds and Cancellations:
   • As Shoptsy does not charge for store creation or maintenance, no refunds are applicable for platform access.
   • Unused SMS and email credits are non-refundable but remain valid for future use.
5. 4.5. Taxes:
   • All charges for email and SMS services are exclusive of applicable taxes (such as GST), which will be added as per Indian tax regulations.
• 5. Acceptable Use Policy
By accessing and using Shoptsy, you agree to abide by the following acceptable use policies to ensure a safe, lawful, and ethical e-commerce environment:
5.1. Compliance with Laws and Regulations
Sellers must comply with all applicable Indian laws and regulations, including but not limited to:
• Information Technology Act, 2000
• Consumer Protection Act, 2019
• Digital Personal Data Protection Act (DPDPA), 2023
• GST and other applicable tax regulations
• Sellers are responsible for ensuring that their business operations, marketing activities, and customer interactions comply with all relevant legal requirements.
5.2. Prohibited Activities
Sellers are strictly prohibited from using Shoptsy for any unlawful, unethical, or harmful activities, including but not limited to:
5.2.1. Selling Restricted or Illegal Goods
• Counterfeit or stolen products
• Weapons, explosives, and hazardous materials
• Narcotics, illegal drugs, or controlled substances
• Gambling, lottery, or betting-related services
• Pornographic or obscene content
• Items promoting hate speech, violence, or discrimination
• Any product or service violating Indian e-commerce regulations
5.2.2. Fraudulent or Deceptive Practices
• Misrepresenting product details, pricing, or availability
• Engaging in false advertising, misleading promotions, or bait-and-switch tactics
• Creating fake customer reviews, testimonials, or ratings
5.2.3. Spamming and Unsolicited Communications
• Sending bulk or automated messages (SMS or email) without obtaining explicit customer consent
• Using Shoptsy’s email/SMS services for spam, phishing, or deceptive content
5.2.4. Security Violations and System Abuse
• Attempting to hack, bypass, or interfere with Shoptsy’s platform security
• Introducing malware, viruses, or malicious scripts
• Scraping, data mining, or excessive API requests that overload system resources
5.2.5. Intellectual Property Violations
• Uploading, selling, or distributing content that infringes on copyrights, trademarks, or patents
• Using another business’s brand name, logo, or proprietary content without permission
5.3. Responsible Business Conduct
To maintain a fair and trustworthy e-commerce ecosystem, Sellers must:
• Ensure product listings are accurate and not misleading
• Provide timely and professional customer support
• Deliver orders on time and as described
• Honor refund and return policies as per consumer laws
• Protect customer data and ensure privacy compliance
5.4. Violation Consequences
Shoptsy reserves the right to take appropriate action for any breach of this policy, which may include:
• Warning Notices: Issued for minor violations with corrective instructions.
• Temporary Account Suspension: Restrictions on store activities until compliance is restored.
• Permanent Account Termination: For repeated violations, fraudulent activities, or legal non-compliance.
• Legal Action: If necessary, Shoptsy may report violations to regulatory authorities or pursue legal remedies.
5.5. Reporting Violations
If you suspect a Seller or User is violating this Acceptable Use Policy, please report the issue to support@shoptsy.in with relevant details.
• 6. Seller Responsibilities and Liabilities
By using Shoptsy’s platform, Sellers agree to the following responsibilities:
6.1. Product Listings and Compliance
• Sellers must ensure that all product descriptions, images, and prices listed on their online stores are accurate, lawful, and do not mislead customers.
• The sale of prohibited or restricted items, including counterfeit products, illegal substances, firearms, adult content, or items violating intellectual property laws, is strictly forbidden.
• Sellers are responsible for ensuring that all sales comply with Indian consumer laws, including the Consumer Protection Act, 2019 and IT Act, 2000.
6.2. Customer Service and Fulfillment
• Sellers are solely responsible for fulfilling orders, shipping products, processing refunds, and handling customer inquiries.
• Shoptsy does not take responsibility for disputes between Sellers and Customers regarding products, shipping delays, or refund policies.
• Sellers must provide clear refund, return, and cancellation policies in compliance with the Consumer Protection Act, 2019.
6.3. Tax and Legal Compliance
• Sellers are responsible for registering their businesses and complying with all applicable tax regulations, including Goods and Services Tax (GST) filing.
• Shoptsy does not provide tax advisory services, and it is the Seller’s responsibility to ensure tax compliance.
• Sellers must issue valid invoices to Customers in accordance with Indian tax laws.
6.4. Data Protection and Privacy
• Sellers must comply with India’s Digital Personal Data Protection Act (DPDPA), 2023 while collecting, storing, or processing customer data.
• Any misuse, unauthorized sharing, or selling of customer data is strictly prohibited and may result in account termination.
• 7. Intellectual Property Rights
7.1. Shoptsy’s Intellectual Property
• All software, trademarks, logos, content, and proprietary materials on the Shoptsy platform are the exclusive property of Shoptsy.
• Sellers may not copy, modify, distribute, or reverse-engineer any part of Shoptsy’s technology or branding.
7.2. Seller’s Intellectual Property
• Sellers retain ownership of all content they upload, including product images, store branding, and customer databases.
• By using Shoptsy, Sellers grant a non-exclusive, worldwide, royalty-free license for Shoptsy to display and host their store content.
• 8. Limitation of Liability
8.1. No Liability for Business Operations
• Shoptsy only provides a SaaS-based e-commerce platform for Sellers to create and manage their online stores.
• We do not control the products or services listed by Sellers, and we are not liable for disputes between Sellers and their Customers, including but not limited to order fulfillment, product quality, pricing, refunds, returns, or delivery issues.
8.2. No Liability for Financial Losses
• Since Shoptsy does not charge for store creation or maintenance, we are not responsible for any business losses Sellers may incur.
• We do not provide guarantees for sales performance, customer acquisition, or revenue generation through the platform.
8.3. No Liability for Third-Party Services
• Shoptsy integrates with third-party services (e.g., payment gateways, SMS/email providers, logistics partners), but we do not control their operations.
• Any service failures, incorrect charges, or disruptions caused by these third-party providers must be resolved directly with them, and Shoptsy bears no liability for their performance.
8.4. Platform Downtime and Technical Issues
• While we strive to provide uninterrupted service, Shoptsy does not guarantee that the platform will always be available or free from errors.
• We are not liable for business disruptions due to server downtime, technical failures, cyberattacks, or system maintenance.
• Any loss of data or transaction failures resulting from such issues shall be limited to reasonable efforts by Shoptsy to restore the service.
8.5. Security and Data Breach Disclaimer
• Shoptsy implements strict security measures to protect Sellers’ data, but no system is 100% secure.
• We cannot be held responsible for damages caused by unauthorized access, hacking, data breaches, or phishing attacks beyond our reasonable control.
• Sellers must take their own security precautions, such as using strong passwords and two-factor authentication (2FA).
8.6. Maximum Liability Cap
• To the maximum extent permitted by law, Shoptsy’s total liability in any case shall be limited to the actual amount paid by the Seller for email and SMS services in the last 3 months.
• If the Seller has not made any payments for email or SMS services, Shoptsy’s liability shall be zero (₹0).
8.7. Exclusion of Indirect or Consequential Damages
• Under no circumstances shall Shoptsy be liable for indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, reputational harm, data loss, business interruption, or customer disputes.
8.8. Force Majeure Clause
• Shoptsy shall not be responsible for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, internet outages, government regulations, cyberattacks, labor strikes, or pandemics.
• 9. Termination and Suspension of Accounts
9.1. Voluntary Termination by Seller
• Sellers may choose to close their Shoptsy account at any time by providing a written request to support@shoptsy.in.
Upon receiving a termination request:
• The Seller’s store will be deactivated immediately, preventing further customer access.
• Any remaining prepaid email/SMS credits will not be refunded but will remain available for use until exhaustion.
• Seller data will be retained for 60 days post-termination in case of reactivation. After this period, the data will be permanently deleted unless legally required to be retained.
9.2. Termination by Shoptsy
Shoptsy reserves the right to suspend or terminate a Seller’s account under the following conditions:
9.2.1. Violation of Terms & Conditions
• Engaging in fraudulent activities, selling prohibited products, or violating consumer protection laws.
• Misusing Shoptsy’s SMS/email services (e.g., sending spam or unauthorized marketing).
• Repeated customer complaints regarding non-delivery, misleading listings, or refusal to provide refunds.
9.2.2. Non-Payment for SMS/Email Services
Shoptsy does not charge for store creation or maintenance, but failure to maintain sufficient prepaid balance for SMS/email services may result in:
• Temporary suspension of messaging services until balance is added.
• Account suspension if payment issues persist beyond 30 days.
• Unauthorized Access, Security Violations, or Data Misuse
9.2.3. Unauthorized Access, Security Violations, or Data Misuse
• Attempting to hack, scrape data, or compromise platform security.
• Unauthorized collection, misuse, or sale of customer data in violation of India’s Digital Personal Data Protection Act (DPDPA), 2023.
9.2.4. Illegal, Harmful, or Unethical Business Practices
• Selling products/services that violate Indian laws or marketplace regulations.
• Using the platform for money laundering, phishing, or fraudulent schemes.
9.3. Consequences of Account Termination
Once an account is terminated (by Seller or Shoptsy), the following actions will occur:
• The Seller’s store will be permanently disabled from public access.
• Remaining SMS/email credits will be forfeited (non-refundable).
• Seller data will be deleted after 60 days, except for legally required records (e.g., tax compliance).
• If a Seller wishes to reactivate their store within 60 days, they may contact Shoptsy support. Beyond this period, re-registration will be required.
9.4. Right to Appeal Suspensions
If a Seller believes their account was wrongfully suspended or terminated, they may submit an appeal via support@shoptsy.in.
Shoptsy will review the appeal within 7 business days and provide a decision.
If reinstated, Shoptsy may apply additional security measures, verification steps, or restrictions to prevent further violations.
• 10. Privacy Policy and Data Security
Shoptsy’s Privacy Policy governs the collection and processing of user data and can be accessed Privacy policy
Sellers must ensure they comply with data privacy laws, including:
• DPDPA, 2023 for Indian users.
• GDPR compliance if selling to European customers.
• 11. Governing Law and Dispute Resolution
11.1. Applicable Law
• These Terms are governed by and construed in accordance with the laws of India.
• Any disputes arising from these Terms shall be subject to the jurisdiction of courts in Bhubaneswar, Odisha.
11.2. Dispute Resolution Mechanism
• Negotiation: Both parties agree to attempt an amicable resolution within 30 days before pursuing legal action.
• Arbitration: If unresolved, disputes will be settled through binding arbitration under the Arbitration and Conciliation Act, 1996, with arbitration conducted in Bhubaneswar, India.
• 12. Modifications and Updates to These Terms
• Shoptsy reserves the right to update or modify these Terms at any time.
• Sellers will be notified via email or a website notification of any material changes.
• Continued use of Shoptsy after the effective date of any updates constitutes acceptance of the revised Terms.
• 13. Contact Information
Email: support@shoptsy.in
Address: OU 716, Nexus Esplanade, Rasulgarh, Bhubaneswar - 751010, Odisha, India
• 14. Acknowledgment and Agreement
By using Shoptsy, you acknowledge and agree that:
• You have read and understood these Terms.
• You accept all responsibilities for compliance with applicable laws.
• You understand that Shoptsy is not responsible for your business operations, disputes, or customer issues.