Terms & Conditions

We are Appifyretail Private Limited, doing business as Appify (“Appi-fy”, “We”, “Us”, or “Our”), incorporated in India under the Companies Act, 2013. We operate the website https://appi-fy.ai/ (the “Website”), the mobile application (the “App”) available on Play Store (the “Website”, the “App” is collectively hereinafter referred to as the “Platform”) through which we provide you our services (collectively, the “Services” which include the provision of and use of the Platform), annexed herein as Annexure I.

These terms and conditions (“Terms of Usage”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”, “You” or “Your” it also includes end users of the users) and concerning Your access to and use of the Platform and the Services. You agree that by accessing the Services, You have read, understood, and agree to be bound by all of these Terms of Usage. If You do not agree with all of these Terms, then You are expressly prohibited from using the Services and You must discontinue use immediately.

 

  1. Revision
    • We may revise/modify these Terms of Usage from time to time. You are requested to visit the Terms of Usage and various policies linked on the Platform often to keep abreast of any amendments                                                                              
  2. Account Terms
    • To access and use the Services, User must register on an Appify account (“Account”). To complete your Account registration, you must provide Us with your legal name, business address, phone number, valid email address, and any other information as required. Appify may reject Your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
    • For using our Platform, you need to be of the age of (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from where you use Services to open an Account.
    • You shall be liable for providing any false information to us. Appify shall not be liable either to you or to any third for any act arising out of such false or incorrect information.
    • Appify disclaims all liability arising out of any unauthorized use of the Platform and any liability arising out of such use to the third party.
    • You are authorizing us to use the e-mail address and phone number provided by You for opening an Account or updated by You from time to time for communication with you. Your email address and phone number shall be capable enough of sending and receiving messages. Your communication with us will only be authenticated if they come from the email address or phone number provided by You.
    • It shall be Your responsibility to keep the Account’s password secure. We shall not be liable for any loss or damage in case of a breach of password security. We may request additional security measures and reserves the right to adjust these requirements at any time at our discretion.
    • Technical support of Appify shall be provided to the active User of the Platform.
    • User shall not work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features of functionalities that are otherwise disabled in the Services, or decompile, disassemble, or otherwise reverse engineer the Services.
    • You agree not to access the Services or any material or information that you are not authorized for by using any automated or other route.
  1. Account Activation
    • The person signing up for the Services by opening an Account will be the contracting party for the purpose of these Terms of Usage and will be the person who is authorized to use any corresponding Account we may provide to the User in connection with the Services. You shall be responsible for ensuring that the name of the store does not violate any third party’s rights. Provided that if any employee is signing up on behalf of the employer, your employer shall be the User.
  1. Your Content
    • Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, music, audio, videos, fonts, logos, and associated content, and any other materials (“User Content“). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote, and protect the Services as described in these Terms of Usage. User Content includes without limitation content you post to Your Sites (“Sites” means websites or applications developed by Appify as a Service to the User).
    • When you provide User Content via the Services, you grant us (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
  1. User’s Obligations
    • You represent and warrant that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer, and license to your User Content via the Services and in the manner set forth in these Terms of Usage. If we use your User Content in the ways described in the Terms of Usage and Privacy Policy, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others’ intellectual property, trade secrets, or other rights. You solely shall be responsible for copying, uploading, downloading, or sharing any content which you had no right to.
    • You represent and warrant that your use of the Services is in compliance with applicable laws.
    • You must comply with Our . You represent and warrant that your User Content and your use of the Services comply with our acceptable Privacy Policy.
    • Your Sites have their own visitors, customers, and users. You understand and agree that (a) Your Sites and its User are your responsibility; (b) you are solely responsible for providing products, services, and support to your Users; (c) you’re solely responsible for compliance with any laws and regulations related to your Sites and its Users; and (d) your ability to create, share or otherwise operate your Sites may be limited by the extent to the aken by you. We are not liable for, and won’t provide you with any legal advice regarding, your Sites. This does not limit or affect any liability we may have to you separately for any breach of the other Terms of Usage in here.
    • You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
      • belongs to another person and which You do not have any right to;
      • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
      • is misleading or misrepresentative in any way;
      • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
      • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
      • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity or any other proprietary rights;
      • promotes an illegal or unauthorized copy of another person’s copyrighted work;
      • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
      • contains video, photographs, or images of another person (with a minor or an adult);
      • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
      • interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
      • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Usage;
      • harm minors in any way;
      • infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
      • violates any Law for the time being in force;
      • deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • impersonate another person;
      • threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
      • false, inaccurate, or misleading; or
      • directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law, rule, regulation or guideline for the time being in force.
    • We respect the intellectual property rights of others and expect Users of the Services to do the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without any liability to You. We will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please report this at contact@appi-fy.ai.
    • The Appify reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing Services provided on the Platform. Changes to the Terms of Usage or any of the Policies of the Appify shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform.
    • You confirm that these Terms of Usage hereunder (and the User Agreement) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party to or by which You are bound to or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery, and performance of its respective obligations hereunder. If Appify suffers any loss or damage or a claim is made by any person against Appify or the Platform as a result of a breach or default or contravention on Your part of the User Agreement, You agree to, forthwith upon delivery of notice by the Appify, make good of such losses or damages or claim amounts suffered by the Appify.
    • You confirm that there is no action, suit, or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other authority which would prohibit Your entering into or performing obligations under the User Agreement.
    • You confirm that You shall not transfer your Account and shall not assign any rights and obligations under these Terms of Usage and other agreements/ policies in this regard to any third party without the specific prior written permission of Appify.
  1. User Terms
    • The User may list and provide the details of the products/ services offered for sale to the Users as a registered user of the Platform, however, the User shall not be permitted to sell any product on the Site that falls from time to time or is otherwise prohibited for sale under applicable Law.
    • The User agrees and undertakes that they are legally permitted to sell the products/ provide services listed on the Site. Listings may only include text descriptions, graphics and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Site.
    • The User hereby agrees and undertakes that descriptions, images, and other content pertaining to the products/services are complete and accurate and correspond directly with the appearance, nature, quality, purpose, and other features of such products/services.
    • The listing description of the products/services must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from your User.
    • You shall not abuse or misuse the Platform and Sites or engage in any activity which violates the Terms of Usage. In any such case, Appify may suspend your Account or permanently debar You from accessing the Platform or Sites or both.
    • Terms for using Our delivery service:
      • The User (seller) shall undertake to make a proper, true, fair, correct and factual declaration regarding the description and value of the products/services.
      • In the case where the declared description/weight/price of the product is incorrect, the User (seller) may be liable to pay additional charges.
      • The registered User (seller) shall procure that the products/services offered by them are genuine in nature and match the description provided on the Site. The User (sellers) agree that the items so offered are within the limits of transportation under applicable laws and particularly not classified as “prohibited goods” under the applicable Law.
      • Any dispute related to order lost in transit, RTO, undelivered or related to wrong status update has to be raised within 45 days from the date of shipment created.
  1. Our Rights
    • We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable Laws): (a) We may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts or all of Your Sites or your User Content; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by Laws where you reside, we may revoke your right to use the Services in that jurisdiction).
    • All rights, title and interest in and to the Platform and Site and all its content will remain with and belong exclusively to Appify. You will not:
      • sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Platform/Site and any content available to any third party,
      • use the Platform, Site and its content in any unlawful manner (including without limitation in violation of any data, privacy or import/export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Platform and content or their related components, including and not limited to-
        • making any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
        • violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform/Site;
        • Deep-link to any portion of Platform (including, without limitation, the rental path for any self-storage related information) for any purpose without our express written permission;
        • “Frame”, “mirror” or otherwise incorporate any part of the Platform/Site into any other website without our prior written authorization.
        • Use any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Platform or Site or any Content.
  1. Intellectual Property Right
    • The Services are, as between you and Appify, owned by Appify, and are protected by copyright, trade secret, trademark and other Laws applicable. These Terms of Usage doesn’t grant you any right, title or interest in the Services, other’s User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or other’s content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services.
    • All content posted on the Platform/Site by You must comply with the Laws applicable. We claim no intellectual property rights over the User Content on the Site. As between You and Appify, your profile and material uploaded remain yours. Appify is not responsible for the use of your material by others.
    • Appify does not pre-screen content/ material and is not responsible for content/material, whether provided by You or any person on your behalf. However, Appify have a right to refuse or remove any content/material that is available on the material at its sole discretion.
    • Appify holds the ownership of intellectual property rights and have the non-exclusive, worldwide, perpetual, irrevocable, right to exercise the intellectual property, in the Platform including but not limited to user interface, layout format, order placing process, ideas, design, structure.
    • All rights on the Platform and Site are reserved with Appify. You shall not duplicate or copy any portion of the platform without express written permission from Appify, which permission may be refused by Appify at its sole discretion.

 

  1. Data Protection
    • “Data Protection Laws” means Digital Personal Data Protection Act, 2023 (the “Act”) and rules as amended from time to time, and any relevant law, statute, regulation, rule or other binding instrument which implements the above or otherwise relates to data protection, privacy, data security or the processing of Personal Data (“Personal Data” means any data about an individual who is identifiable by or in relation to such data) as applicable and in force, and as amended, consolidated, re-enacted or replaced from time to time.
    • Obligations of Appify:
      • The consent given by the User shall be free, specific, informed, unconditional and unambiguous with a clear affirmative action, and shall signify an agreement for the processing of User’s Personal Data for the specified purpose and be limited to such Personal Data as is necessary for such specified purpose.
      • If a User withdraws the consent for the processing of Personal Data, Appify shall cease the processing of the Personal Data of such User unless such processing without the User’s consent is required or authorised under the provisions of the Act or the rules made thereunder or any other law for the time being in force in India.
    • Rights of the User:
      • Where consent given by the User is the basis of the processing of Personal Data, such User shall have the right to withdraw the consent at any time, with the ease of doing so being comparable to the ease with which such consent was given. Provided that the consequences of the withdrawal shall be borne by the User, and such withdrawal shall not affect the legality of the processing of the Personal Data based on consent before its withdrawal.
      • User shall have the right to obtain from Appify for which he has given consent to process that information, upon making to it a request in such manner as may be prescribed:
        • a summary of Personal Data which is being processed by Appify and the processing activities undertaken by Appify with respect to such Personal Data;
        • the identities of all parties with whom the Personal Data has been shared by Appify, along with a description of the personal data so shared; and
        • any other information related to the Personal Data and its processing, as may be prescribed under the Act and rules.
      • User shall have the right to correction, completion, updating and erasure of her Personal Data for the processing of which she has previously given consent, in accordance with any requirement or procedure under any Law for the time being in force.
      • User shall have the right to nominate, in such manner as may be prescribed, any other individual, who shall, in the event of death or Incapacity of the User, exercise the rights of the User in accordance with the provisions of the Act and the rules made thereunder. “Incapacity” means inability to exercise the rights of the User under the provisions of the Act or the rules made thereunder due to unsoundness of mind or infirmity of body.
    • Duties of the User:
      • to ensure not to impersonate another person while providing her Personal Data for a specified purpose;
      • to ensure not to suppress any material information while providing the Personal Data for any document, unique identifier, proof of identity or proof of address issued by the State or any of its instrumentalities;
      • to ensure not to register a false or frivolous grievance or complaint with a Data Fiduciary or the Board; and
      • to furnish only such information as is verifiably authentic, while exercising the right to correction or erasure under the provisions of the Act or the rules made thereunder.
  1. Fee and Payment to Appify
    • For every transaction between User and the Buyer on the Site, the User agrees to pay an amount equal to 10% the transaction values (“Transaction Fees”) to Appify. User agrees that the Transaction Fees are subject to change, and all such changes shall be published on the Platform from time to time.
    • We use third-party payment gateway for processing the payments made in relation to the purchase of products/services offered by the User.
    • In order to enable User to use paid services on the Platform, Appify facilitates the provision of payment facility by a third-party service provider on the Platform/Site, at its sole discretion. The payment gateway shall enable automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The payment gateway shall be availed in accordance with these Terms of Usage.
    • In case wrong bank account details are used by the User, Appify shall not be responsible for loss of money, if any. In case there is any technical failure, at the time of the transaction and there is a problem in making payment, You could contact us contact@appi-fy.ai, however, Appify shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with the transfer of money or payments to the User, whether or not such transfers or payments are done through the use of a third-party payment gateway.
    • While availing any of the payment method(s) available on the Platform/Site, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
      • Lack of authorization for any transaction(s), or
      • Exceeding the pre-set limit mutually agreed by You and between ‘Bank/s’, or
      • Any payment issues arising out of the transaction, or
      • Decline of transaction for any other reason/s.
      • All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Appify will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform/Site.
      • Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to Our Users.
      • Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between User of User and selller (User)/delivery partner and payment facility is merely used by the User of User and User (seller) to facilitate the completion of the transaction. Use of the payment facility shall not render Appify liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Appify’s Platform.
      • You have specifically authorized Appify or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through cash on delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Appify is on a principal to principal basis and by accepting these Terms you agree that Appify is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Site that are paid for by using the Payment Facility.
      • You understand, accept and agree that the payment facility provided by Appify is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the Transactions on the Appify Platform/ Site using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Appify is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
      • Payment facility for Users:
  1. You understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the User (seller) to purchase the products and /or services from the User (seller) using the payment facility, and You shall pay the transaction price through Your bank to the User (seller) using payment facility.
  2. You, as a buyer, may agree with the User (seller) through electronic communication and electronic records and using the automated features as may be provided by the payment facility on any extension/increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension/increase of dispatch/delivery time or subsequent novation/variation of the transaction should be in compliance with these Terms of Usage.
  3. You, as a Buyer, shall electronically notify the payment facility using the Site features immediately upon delivery or non-delivery within the time period as provided in policies. Non-notification by You of non-delivery within 7 (Seven) days shall be construed as a deemed delivery in respect of that transaction. In the case of cash-on-delivery transactions, you are not required to confirm the receipt of products or services.
  4. You, as a Buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the Terms of Usage, whichever is earlier. In case you do not raise a refund claim using Site features within the stipulated time than this would make You ineligible for a refund.
  5. Except for cash on delivery transaction, refund, if any, shall be made at the same bank/channel from where the transaction price was received, or through any other method available on the Site, as chosen by You.
  6. For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers or will be made available on the Site account as opted by You.
  7. Refund shall be subject to You complying with policies.
  8. As required by applicable law, if You (buyer) make a purchase of an amount equal to or above INR 2 00 000.00, You will be required to upload a scanned copy of your PAN card on the Site, within 4 days of making the purchase, failing which, the purchase made by you will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the you, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  9. Both User (seller) and Users (buyer) shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Appify Platform/Site.
  1. Cancellation
    • You may discontinue to use and request to cancel your User Account and/or any Appify Services at any time, in accordance with the instructions available on the Appify Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Appify Services, and the effective date for cancellation of paid Services shall be at the end of such paid Service’s subscription period.
    • Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to renewing paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made – if purchased directly from Appify, at least fourteen (14) days prior to the expiration of the then-current service period.
  1. Term and Termination
    • These Terms of Usage shall remain in effect until terminated by either you or us. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms of Usage or our Privacy Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All clauses of these Terms of Usage that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
  1. Warranty Disclaimers
    • Disclaimers: To the fullest extent permitted by applicable Law, Appify makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. Appify also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Appify, shall create any warranty. Appify makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
    • You are solely and fully responsible for all taxes and fees of any nature associated with your activities, including any taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your Users of such and provide them with a duly issued invoice as required by law.
    • You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims.
    • Under certain circumstances, some jurisdictions don’t permit the disclaimers in Clause 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable Law. You may have other statutory rights and nothing in these Terms affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable Law.
    • You may not offer or sell any products/services, or provide any information, Content or material regarding products/services, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable Laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance, and export; and
    • Appify may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with, or made a part of your User Platform at such time, without any liability to you, including for any capacity loss resulted therefrom.
  1. Limitation of Liability
    • To the fullest extent permitted by law in each applicable jurisdiction, Appify, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Appify Services; (3) any unauthorized access to or use of our Services and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Appify Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Appify Services; (6) events beyond the reasonable control of Appify, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Appify Services.
    • You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Appify’s services to you, and such limitations will apply even if Appify has been advised of the possibility of such liabilities.
  1. Indemnification
    • You agree to defend, indemnify and hold harmless Appify, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms or any other Appify Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from Platform or Site or User Content and/or your use of the Appify Services, including, without limitation, Appify Services’ actions for your benefit; and/or (3) any other type of claim that User Content caused damage to a third party.

 

  1. Dispute Resolution
    • All or any disputes arising out or touching upon or in relation to these Terms of Usage, including the interpretation and validity of the Terms of Usage thereof and the respective rights and obligations of the Parties, shall be submitted to the Courts of Telangana for the purpose of any suit, action or other proceeding arising out of or based upon these Terms of Usage or other agreements entered into between Parties in relation to the Services,
    • Agree not to commence any suit, action or other proceeding arising out of or based upon these Terms of Usage except in the Courts of Telangana, and
    • Hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these Terms of Usage or the subject matter hereof may not be enforced in or by such court.
  2. Severability
    • If any provision of these Terms of Usage or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the Terms of Usage and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of these Terms shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
  3. Assignment
    • Parties acknowledges and covenants that they shall not sell, assign, transfer, pledge or encumber any of its rights or delegate any of its duties or obligations under these Terms of Usage (by actual assignment or by operation of law, including without limitation through a merger, acquisition, consolidation, exchange of shares, or sale or other disposition of assets, including disposition on dissolution), without the prior written consent of another Party, whose consent shall not be unreasonably withheld.

 

  1. Modifications
    • We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Usage at any time. We may make changes that materially adversely affect your use of the Services or your rights under these Terms of Usage at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Usage will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Usage as amended. If you do not agree to the amended Terms, you must stop accessing and using the Services.
    • Appify may change the Fees for the Services from time to time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to your Email Account, or by similar means. Appify will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
  2. No Endorsement
    • We neither endorse any User (seller) or the products/services offered by them. In addition, although these Terms of Usage require You to provide accurate information, we do not attempt to confirm and do not confirm its purported identity. We will not be responsible for any damage or harm resulting from your (buyer) interactions with sellers.
    • By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of seller or other third parties will be limited to a claim against the particular seller or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
  3. Grievance Officer
    • In case of any grievance, objection or complaint on Your part with respect to the Platform or Site, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your Account or right to use the Platform or Site , You should promptly raise such grievance or complaint with the designated Grievance Officer at [insert email id]and provide the Grievance Officer (“Grievance Officer” shall mean the officer appointed by the Appify in accordance with applicable laws from time to time) with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
    • The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.
  1. Notices
    • All notices to be given pursuant to these Terms of Usage shall be in writing and shall be deemed to have been duly given if personally delivered or if sent by certified mail, postage prepaid, return receipt requested, and shall be addressed, if to Appify, at the address set forth below, and if to User, at the address set forth below or to the e-mail id provided by them. If either of the Party changes their office address or e-mail id, it shall in writing provide that to the other Party.
    • Email address of the Appify: contact@appi-fy.ai