Effective from: 9th August 2024
Welcome to Sumtracker!
These Terms of Service (the “Terms”) constitute a legally binding agreement between Sumtracker Software Private Limited, its subsidiaries, and affiliates (“Company,” “we,” “our,” or “us”) and you (“you”, “your”, or “User”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our Website https://sumtracker.com/ (the “Website”), software (inventory.sumtracker.com ), and Services (together referred to as the “Platform” or “Sumtracker”). The Platform is owned and operated by Sumtracker Software Private Limited.
About the Platform
The following constitutes the “Services”:
Sumtracker is a subscription-based inventory management software application. It integrates with several online platforms and marketplaces. Merchants can use it to manage their inventory and to get inventory reporting. To know in detail about our Platform’s functionality and our offerings please click here.
Acceptance of Terms:
Our role under these Terms is limited to administration and managing the Platform, including any Services made available to you on the Platform.
For the purpose of these Terms, wherever the context so requires “you” or “User” shall mean any natural or legal person, merchants or entities who accesses or utilizes our Platform and/or Services. The applicability of these Terms extends to Users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy as amended from time to time. We encourage you to read the Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict Users’ access to parts and/or all of the Services without notice and/or liability to the Users.
WHO ARE THE USERS WHO USE OUR PLATFORM AND SERVICES?
We welcome individuals and entities to utilize our Services, subject to adherence to these Terms of Service. To ensure clarity, here’s who may and may not use our Services:
Eligibility:
Individuals: Any person who is at least 18 years old and capable of forming a legally binding agreement can use our Platform. By using our Platform, you represent and warrant that you meet these eligibility criteria.
Entities: Any business, organization, or legal entity can also use our Platform, provided that they have the authority to enter into agreements and comply with these Terms on behalf of the entity.
Prohibited Users:
Individuals under 18 years old: Minors under the age of 18 are not eligible to use our Platform. If you are under 18, please refrain from using our Platform without appropriate parental or guardian consent.
Individuals barred from using the Services: Users who have been previously suspended or prohibited from accessing our Platform by us or any competent authority are not allowed to use our Platform.
Users from Sanctioned Territories: You are prohibited from using our Platform if you or the business entity you represent is domiciled, registered, or conducts business in any country or territory subject to financial and economic sanctions, trade embargoes, or similar restrictions imposed by Government of India, including but not limited to Pakistan, Iran, North Korea, and Syria. This also applies if you are listed as a prohibited, sanctioned, debarred, or denied party by the Directorate General of Foreign Trade (DGFT) of India, the Reserve Bank of India (RBI), the Ministry of External Affairs (MEA), or any other relevant Indian authority. You must obtain any required license or government authorization before accessing our services if you fall under any of these categories.
Compliance with Laws:
All Users must comply with applicable laws, regulations, and policies when using our Platform. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.
HOW CAN YOU USE OUR PLATFORM AND SERVICES?
When you register for an organization Account, you can designate one or more administrators who will have the authority to configure the Services to meet your organization’s needs. If a third party creates and configures your organization’s Account on your behalf, that third party likely assumes the role of administrator for your organization. It is important to establish a suitable agreement with such a third party outlining their roles and limitations as an administrator of your organization’s Account or remove them as administrator from your account.
You are responsible for (i) maintaining the confidentiality of your organization Account password, (ii) appointing competent individuals as administrators to manage your organization Account, and (iii) ensuring that all activities associated with your organization Account comply with these Terms. Please note that the Platform is not responsible for the administration and internal management of the Services on your behalf.
You are responsible to remove the users from your account who are no longer a part of your organisation.
Users are responsible for safeguarding their Account credentials and preventing unauthorized access to their Account. Any unauthorized use of an Account must be reported to the Company immediately for investigation.
If you share or allow others to have access to your Platform by creating separate profiles or otherwise, you assume exclusive liability and responsibility for all activities conducted on your Platform, as well as any resulting consequences.
You acknowledge and agree that we shall not be liable or responsible for the activities or consequences arising from the use or misuse of any information in your Account or on your Platform.
You agree:
that your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction), including those specific laws applicable to you or your end Users in any of your geographical locations;
to regularly and autonomously ensure the preservation and backup of all your User Content and processed information concerning your Platform, including data related to end Users and any application features, services, or third-party services utilized, connected, presented, or developed by you;
to provide your Account information accurately, and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;
to maintain the confidentiality of your password and take responsibility for all activities associated with your Account and Platform. We retain the right, at our sole discretion, to revoke, reclaim, or modify a Username (or first/last name) you choose if we deem, in our judgment, that such Username is inappropriate, obscene, or otherwise objectionable;
to notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Platform arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure;
To change or update your password regularly so that your account access is kept secure
to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a Username with the intent to impersonate another person, or using a Username Account that is subject to the rights of someone else without proper authorization, is not allowed;
to not assign or transfer your Account to any other person or entity;
to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of the Services;
that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;
that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;
that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your Users, or your compliance therewith; and
to comply with all applicable laws and use the Services only for lawful purposes.
You agree to: (a) diligently log out from your Account at the conclusion of each session, and (b) promptly inform us of any unauthorized use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.
The User shall be solely responsible for the accuracy and correctness of all such details/information given by the User during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend the registration of the User permanently or for such period as we deem fit.
By using the Platform, you represent and warrant that:
all the information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such information as necessary;
you have the legal capacity and you agree to comply with these Terms;
Your use of the Platform shall be solely for your own purposes;
If you register on our Platform as the representative of any entity, you represent that you are authorized to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;
you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country’s laws when accessing our Platform and utilizing our Services, given that the Company is located in India;
you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise. You represent that you will only use the Sumtracker public API for accessing the platform through a script;
you will not use the Platform for any illegal or unauthorized purpose; and
your use of the Services and/or Platform will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from India or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).
WHAT ARE THE USER SUBSCRIPTION PLANS AND PRICING TERMS?
Upon selecting a specific subscription plan on our Platform, Users are required to pay the designated subscription fee associated with the chosen plan. In addition to the base subscription fee, there may be additional usage-based charges. Furthermore, if a User’s usage of the Platform exceeds the specifications outlined in their subscription plan, overage charges may apply.
The fee payable by you while accessing the Platform will be exclusive of applicable national, state or local sales taxes or Value Added Tax, Service Tax or Goods and Services Tax or any applicable withholding tax. Each Party will be responsible, as required under the applicable law (as per their jurisdiction), for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that Party upon or with respect to the transactions and payments paid or received by it under or in connection with this transaction.
By actively selecting a User subscription plan, or participating in transactions, Users explicitly acknowledge their understanding and unequivocal acceptance of the pricing and subscription terms delineated in this Clause and the Website.
if Users do not pay the applicable overage charges within 30 days, their Account will be at risk of cancellation.
All User billing is done through external platforms such as Shopify and Stripe and Sumtracker has no control over the transactions done through such billing partners. You acknowledge that any payment made on the Platform will also be subject to the terms and conditions of Stripe and Shopify. All payment information is stored on Shopify or Stripe’s platform. Sumtracker is not liable for any loss or misuse of the payment information.
We disclaim any responsibility and liability for any loss or damage incurred by Users during the utilization of available payment methods on the Platform. This includes but is not limited to, instances such as:
Lack of authorization for a transaction;
Exceeding the mutually agreed preset limit between the User and the respective bank;
Payment issues arising from the transaction with the billing partners; and/or
Transaction being declined due to any other reasons.
You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a facilitator, offering an electronic, automated online payment, and remittance facility for transactions on the Platform through our billing partners, the existing authorized banking infrastructure and credit card payment gateway networks.
If your subscription plan is subject to recurring renewal and consequent subscription charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Users can manage their subscription settings through their Account dashboard.
We reserve the right to periodically review and adjust User subscription plans and pricing terms to adapt to market dynamics and service enhancements. Users will receive timely notifications regarding any changes, and updates will be accessible through the Platform, but this will not affect payment for Services that have been previously paid.
You must make the payment in respect of our Services in advance, in cleared funds, in accordance with any instructions on our Platform. We retain the right not to make any Platform services available until we receive cleared funds.
The following terms constitute “Chargeback Policy”:
If at any time, we record a decline, chargeback, or other rejection of a charge for any payable fees due directly to our Platform, on your User Account (“Chargeback”), this will be considered a breach of your payment obligations hereunder. Consequently, your access to our Platform and Services may be automatically disabled or terminated.
If a Chargeback is initiated, your User Account may be blocked without the option to re-purchase or re-use it. Furthermore, any data contained within your User Account, including domains, sub-domains, applications, and third-party services, may be subject to cancellation and Capacity Loss as defined in Clause 5 below.
Your access to our Platform will remain suspended until you resubscribe for the respective Services and settle all applicable fees in full. This includes covering any fees and expenses incurred by us or any third-party services due to the Chargeback, encompassing charges for services provided before the occurrence of the Chargeback, as well as handling and processing fees incurred by the payment processor.
If you have any inquiries or concerns regarding a payment made to our Platform, we strongly recommend reaching out to us at support@sumtracker.com before initiating a Chargeback or reversing the payment. This proactive step helps prevent the cancellation of Services and the blocking of your User Account. Additionally, it helps avoid unwarranted or erroneous Chargebacks, which could result in your liability for applicable fees. In such cases, you may be required to repay all fees associated with the Services purchased and subsequently charged back.
We retain the right to dispute any Chargeback received. This may involve providing the relevant credit card company or financial institution with pertinent information and documentation demonstrating that you, the User, authorized the transaction and received or utilized the rendered services.
CAN YOU CANCEL YOUR SUBSCRIPTION PLAN?
Upon receiving a refund request, we will review the refund request. If a refund request is approved by us, then the refunds are processed by the billing partners through which the billing has been processed for you. The credit and time period of receiving the refund will depend on the timeframe defined by them.
You understand and agree that refunds are only issued in exceptional circumstances. Any refund will be issued after deducting the currency conversion and payment processing fees that have already been incurred by Sumtracker. Also, refunds will be issued using the original payment method used for the subscription.
User hereby agrees and acknowledges that we reserve the right to modify or amend this Refund and Cancellation Policy at any time without prior notice. Any such modifications will be effective immediately upon posting on the Platform and notification through the Platform or email.
Loss of Data, Content, and Capacity:
If your User Account or any Services or third-party services related to your User Account are canceled (whether at your request or at Platform’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, end-user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). We shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content, or end-user data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any Services following their cancellation, as determined by the Platform in its sole discretion.
Following the termination of your User Account or Platform, we reserve the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or access to our Services is terminated.
UPDATES AND UPGRADES
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Ownership Rights over the Platform: You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of Company, its affiliates, or its licensors. Subject to your compliance with these Terms, including the ‘Prohibited Uses‘ defined in these Terms, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download any portion of the User Content provided by you for utilizing our Services.
Intellectual Property Rights:
All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Platform Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.
Subject to the provisions of these Terms, we grant Users a limited, non-exclusive, non-transferable license to access and use our Platform strictly for its intended purposes. This license explicitly does not confer any ownership rights to Users, and any unauthorized use constitutes a material breach of these Terms.
All copyright and other intellectual property rights in the material on our Platform are reserved.
We respect the intellectual property rights of others, and Users are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company’s or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.
You shall not reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform except as expressly permitted by the Company.
The Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.
Use of Your Intellectual Property:
In utilizing the Platform, you may upload, post, provide, publish, display, link to, or otherwise share information essential for the Services through the Platform (collectively referred to as “User Content“). By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce and store the User Content within the operational scope of the Platform’s functionalities.
To the extent that any User Content includes personal information of the User or third party, it will be handled in accordance with our Privacy Policy. For the avoidance of doubt, and in accordance with all applicable privacy laws, it is your responsibility to ensure that you have received prior consent from the third party required for you to provide to us their information for use under this Agreement
You’re fully responsible for the User Content available on the Platform. It’s your responsibility to ensure that your User Content abides by applicable laws and any Agreement entered into.
You represent that the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third-party rights. The User Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity.
You acknowledge and agree that you are solely responsible for that information or User Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the Platform
You agree that we may refer to you, your business name, publish your logo and/or trademark and make reference to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business provided that any proposed communication or reference is approved in writing in advance by you.
PROHIBITED USES IN RELATION TO THE PLATFORM
Prohibited Uses:
While using the Platform, Users consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the Platform;
While using the Platform Users are strictly prohibited from assuming the identity of others, utilizing counterfeit accounts, or indulging in any conduct that may falsely represent their identity;
You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material;
You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission;
You agree not to submit, transmit, or display any User Content, or use in a context, that may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Platform or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
You agree not to publish and/or make any use of the Services on any website, media, network or system other than those provided by the Company, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the Services and/or Platform (or any part thereof), except as expressly permitted by the Company, in advance and in writing;
You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission;
You agree not to purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use Company or Company’s marks and/or variations and misspellings thereof;
You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent;
You shall not use our Platform, User Content, or Services except by means of our public interfaces;
You shall not use data collected from our Platform for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing;
You agree not to remove or alter any copyright notices, watermarks, restrictions; and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Platform;
You must not do anything that interferes with the normal use of our Platform;
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; and
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Additional activities that are prohibited
Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of the Platform and Services and/or the User Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Platform in order to harass, abuse, or harm another person.
Make improper use of our Platform and/or Services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services.
Attempt to impersonate another User or person or use the Username of another User.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the Platform and/or Services.
Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform and Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software.
Make any unauthorized use of the Platform and/or Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails, or creating Account(s) by automated means or under false pretenses.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
HOW TO REPORT COPYRIGHT INFRINGEMENTS?
Users agree not to upload or transmit any communications or content that infringes or violates the rights of any party while using the Platform. Although the Platform does not directly collect personal information, we do not permit infringing materials to remain on the Platform and encourage Users to promptly notify us if they believe any materials on the Platform, including advertisements or linked content, infringe third-party copyrights.
Upon receipt of a proper notice of claimed infringement under the Copyright Act, 1957 (“Copyright Act”) we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Copyright Act to resolve the claim between the notifying party and the alleged infringer responsible for the User Content.
To report copyright infringement issues, please reach out to us at support@sumtracker.com.
THIRD-PARTY PLATFORM INTEGRATIONS
We integrate with various third-party platforms to offer a comprehensive suite of features to our Users. The names and trademarks of these platforms are the property of their respective owners. Our integrations utilize their respective APIs but are not endorsed or certified by these companies. The list shall be updated from time to time as more third party platforms are added. Below are the details for some of our major platform integrations:
Amazon: The term ‘Amazon’ is a trademark of Amazon.com, Inc. or its affiliates. This application uses the Amazon API but is not endorsed or certified by Amazon.com, Inc.
eBay: The term ‘eBay’ is a trademark of eBay Inc. This application uses the eBay API but is not endorsed or certified by eBay Inc.
Shopify: The term ‘Shopify’ is a trademark of Shopify Inc. This application uses the Shopify API but is not endorsed or certified by Shopify Inc.
WooCommerce: The term ‘WooCommerce’ is a trademark of Automattic Inc. This application uses the WooCommerce API but is not endorsed or certified by Automattic Inc.
Sumtracker integrates with these platforms to facilitate various functionalities and we make no warranties, express or implied, regarding the accuracy, reliability, or availability of the integration services provided through these platforms.
Users should be aware that the performance and availability of our integrations depend on the respective third-party platform APIs. Any changes to these APIs, service outages, or other disruptions may impact the functionality of our integrations and we shall not be held liable or responsible for any loss or damage as a result of any service outages, or other disruptions. We will make reasonable efforts to update Users to adapt to such changes, but we cannot guarantee uninterrupted service.
By using our Platform, Users agree to comply with the terms and conditions set forth by each third-party platform. It is the User’s responsibility to ensure their use of our Platform and its integrations aligns with these terms.
WHAT ARE THE GUIDELINES REGARDING LINKS TO THIRD-PARTY SITES ON THE PLATFORM?
We may provide links to third-party sites on our Platform as a convenience to User(s). You hereby acknowledge that when you access third-party sites, you do so at your own risk.
You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.
We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. Users acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.
Users are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit.
We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.
Users acknowledge that we collaborate with external or third-party service providers to enhance the User experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.
Users may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.
IS YOUR INFORMATION COLLECTED SECURED?
Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information.
UNDER WHAT CIRCUMSTANCES MAY ACCESS TO THE PLATFORM BE TERMINATED?
These legal Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR USER ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Users have the liberty to terminate their Accounts whenever they wish by adhering to the instructions that are clearly outlined on the Platform.
Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.
DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You recognize that utilizing Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
While we do our best to keep the Platform up and running all the time, we cannot promise it will always be perfect. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. You’re responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can’t guarantee they’ll work perfectly on every single one.
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LIMITATION OF LIABILITY
We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilization or inability to utilize the Platform and/or Services.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.
We shall not be liable for:
Unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
The Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
Internet transmissions not being entirely private or secure; messages may be read by others; and/or
Under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. Users should be aware of potential risks in internet transmissions.
Sumtracker shall not be held liable for any loss of business or sales resulting from information updated on the merchant’s store. It is entirely the merchant’s responsibility to thoroughly test Sumtracker and ensure its compatibility and proper functioning with their store.
Sumtracker’s total liability to you for actual damages for any cause whatsoever will be limited to the maximum amount of last one (1) payment made by you for the services that caused such damage.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
INDEMNIFICATION
You are solely and exclusively responsible for your use of the Services:
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Platform, Services, Platform, and/or User Content; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other User of the Platform with whom you connected via the Platform; or (7) any inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
DISPUTE RESOLUTION AND GOVERNING LAW
You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.
These Terms shall be construed in accordance with the applicable laws of India.
If any dispute or claim arises from or in connection with (i) these Terms, (ii) your access to or use of our Platform and/or Services, the relevant parties shall resolve the dispute through amicable negotiations.
In the event that the dispute is not resolved through amicable negotiations, you agree to submit the dispute to the Arbitration for determination. Notwithstanding the foregoing, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in New Delhi, India.
MISCELLANEOUS
We may assign any or all of our rights and obligations to any person or affiliate entity at any time.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.
These Terms combined with any other Sumtracker legal policies as posted on the Website, and any operating rules for the Services established by Sumtracker constitute the entire Agreement between Sumtracker and you regarding your use of the Services.
All notices under these Terms shall be delivered in writing by (i) nationally recognized overnight delivery service or to the mailing address provided by User; or (ii) electronic mail to the e-mail address provided for User’s Account. The address for a notice to Sumtracker is: Sumtracker Software Private Limited with its address at Office No. 05-113, WeWork, DLF Forum, DLF Cybercity, Sector-24, Gurugram, Haryana – 122002 with a copy to support@sumtracker.com 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.
If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect.
The section headings used are for convenience only and shall not be given any legal significance.
For any queries, feel free to reach out to us at by email: support@sumtracker.com or by visiting our website: https://www.sumtracker.com/contact-us
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