Terms and Conditions
Please read these Terms carefully. By using Automataiz, you agree to be bound by them.
Introduction
Automataiz welcomes you to its Platform, https://www.automataiz.com.
These Terms (as defined below) set out the essential terms and conditions that govern: (i) our relationship with you and clearly define and document our rights, responsibilities, and obligations; (ii) your access to and use of the Platform and the Services (as defined below) provided by Automataiz; and (iii) the actions, transactions, communications, and activities undertaken by you through the Platform or pursuant to the Services. These Terms are incorporated into and form part of the contract between you and us, including when you register yourself with us.
Terms and Conditions
These Terms constitute an electronic record within the meaning of Applicable Law (as defined below) and do not require any physical or digital signatures. These Terms are published in compliance with, and are governed by, the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Digital Personal Data Protection Act, 2023.
Please read these Terms carefully before using the Platform and the Services or registering for an Account. These Terms apply to all Users of the Platform and the Services, irrespective of the mode and the manner in which they have accessed the Platform and the Services. Please also read the Privacy Policy before you use the Platform and the Services. The Privacy Policy describes how we collect, store, secure, retain, use, process, disclose, share, transfer and dispose of the information we collect or that you provide when you access or use our Platform and the Services. If you do not understand or do not wish to be bound by the terms of these Terms, you should not use the Platform and the Services.
Eligibility, Minors & Acceptance
The Platform is recommended for adults or people who have attained the age of majority. As such we do not encourage minors to use the Platform; however, minors may access the Platform subject to these Terms. Subject to these Terms, use of the Platform and the Services is available only to Persons (as defined below) who can enter into legally binding contracts under Applicable Law and the Services are not targeted towards, nor intended for use by, anyone under the age of 18 (Eighteen) years or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other Applicable Law. By using the Platform or the Services, you represent and warrant that you are 18 (Eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (Eighteen) years or the legal age of majority in your jurisdiction, your parent, or legal guardian must agree to these Terms on your behalf.
You are solely responsible for ensuring that these Terms are in compliance with all Laws applicable to you and the right to access the Platform and the Services is revoked where the Platform or the Services is prohibited or to the extent offering, or provision of the Platform and the Services conflicts with any Applicable Law.
If you are using the Services on behalf of an entity, company, or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company, or organization/association to these Terms; and (ii) agree to be bound by these Terms on behalf of such entity, company, or organization/association. If you are using the Services on behalf of any other Person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such a Person to these Terms; and (ii) agree to be bound by these Terms on behalf of such a Person.
Visiting, browsing, accessing, or using the Platform and/or the Services, including by creating an Account (as defined below) constitutes your unconditional acceptance and agreement to be legally bound by these Terms, whether or not you are a registered user, you are agreeing to enter into a legally binding contract with Automataiz. If you do not agree to these Terms do not access or otherwise use the Platform or any of our Services. If you wish to terminate this contract at any time you can do so by closing your Account and no longer accessing or using our Platform and Services.
A minor may access and use the Platform if enabled by a parent or legal guardian. If you are considered a minor in your jurisdiction, you represent that you have your parent’s or legal guardian’s permission to use the Platform and the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a minor in your jurisdiction, by allowing your child to use the Platform and the Services, you are subject to these Terms and responsible for your child’s activity on the Platform and the Services.
Territory, Hosting & Availability
Pursuant to a license from Automataiz Inc., the Platform is hosted, operated and controlled by Automataiz in India, and the Content provided on or accessible through the Platform is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to Law or that would subject Automataiz to any registration or other requirement within such jurisdiction or country. The Platform is hosted, managed and operated by Automataiz only for the Indian territory and managed and operated by Automataiz Inc. in respect of territories outside India. Accordingly, (i) if you are visiting / registering on the Platform from India, then, your agreement shall be with Automataiz, and (ii) if you are visiting / registering on the Platform from any country outside India, then, your agreement shall be with Automataiz Inc.
Access to the Platform or the Services from countries, territories, and jurisdictions where such access is illegal is prohibited. Automataiz makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or the Services or the information, offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any Content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited.
User Representations
If you are using the Services on behalf of an entity or another person, you confirm your authority to bind them to these Terms as stated above.
Changes to these Terms
Automataiz reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Platform. By continuing to access or browse the Platform or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms.
Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any Person for any reason.
Definitions and Interpretation
In these Terms, the following words and expressions shall bear the meanings assigned to them below. Please review the definitions and that should help you understand these Terms:
- “Applicable Laws” or “Laws” means all applicable laws, statutes, enactments, acts of legislature or parliament, ordinances, judgments, decrees, injunctions, writs, rules, by-laws, regulations, notifications, circulars, guidelines, policies, directions, directives, demands conventions, orders, interpretations, licenses and/or permits of all Governmental Authorities of all relevant jurisdictions;
- “Content” includes all data, information and material of whatsoever nature, in digital form or otherwise, including writings, texts, comments, statements, remarks, observations, feedback, opinions, views, thoughts, ideas, testimonials, tributes, tags, ratings, scripts, calligraphies, books, documents, presentations, reports, images, pictures, photographs, GIFs, videos, audio files, films, podcasts, graphics, interactive features, software, product portfolios, and drawing and design files;
- “Business Owner” means a person who registers himself on the Platform to offer and sell the Business Owner’s Services to the Business Owner’s Users;
- “Business Owner’s Content” means Content provided or made available by the Business Owner through the Business Owner’s Platform, including the Business Owner’s Courses, the Business Owner’s Marks, the Business Owner’s Services Information, the Business Owner’s Terms & Conditions and Content created for the Business Owner’s Users;
- “Business Owner’s Course(s)” means the educational, instructive, informative, scholastic services and courses offered by the Business Owner through the Platform...
The definitions list continues to include all terms provided (Business Owner’s Fee, Live Sessions, Marks, Platform, Services, Services Information, Terms & Conditions, Users, Force Majeure, Governmental Authority, Losses, Person, Automataiz, Automataiz’s Content/Marks/Services/Technology/Trade Secret/White Label Services, Automataiz Group Entities, Automataiz Inc., Automataiz’s Partners, Automataiz’s Platform, Automataiz’s Representatives).
About the Platform and Automataiz's Services
“Terms” includes: (i) these terms and conditions; (ii) such other guidelines, rules, policies and procedures posted by Automataiz on the Automataiz’s Platform, from time to time, including the Privacy Policy (each of which is incorporated herein by reference and forms an integral part of these Terms); and (iii) any other agreements and terms and conditions entered into with Automataiz that govern: (a) your relationship with Automataiz; (b) your use of the Automataiz’s Platform and the Automataiz’s Services, as amended, modified and supplemented from time to time.
“Transaction” means an online transaction carried out by a Business Owner’s User...
“User” includes any Person visiting, browsing, accessing, and/or using the Platform and/or the Automataiz’s Services, including a Business Owner’s User.
In simple terms, Automataiz offers an online platform that allows a Business Owner to create and host his online digital business to reach and manage his end users, customers, and subscribers.
Our Business Owners are the most important aspect of our business. The Platform is an online service that provides a platform for Business Owners to create, design, upload, publish and sell their Content or the Business Owner’s Services directly to the Business Owner’s Users...
The Business Owner’s Platform (created using Automataiz’s Services) is only a medium to connect a Business Owner with a Business Owner’s User and enable the Business Owner’s User to purchase or subscribe to the Business Owner’s Services.
You specifically understand, acknowledge, and agree that: (i) Automataiz itself does not provide any Business Owner’s Services; (ii) the Platform does not, directly, or indirectly, engage in the business of providing the Business Owner’s Services; and (iii) nothing contained in these Terms or on the Business Owner’s Platform shall be construed to mean that Automataiz is engaged in the business of selling the Business Owner’s Services.
Automataiz does not have the obligation to pre-screen or monitor the Business Owner’s Content at any time...
Automataiz shall not be liable for any delay, failure, non-performance or deficiencies in the Automataiz’s Services... Notwithstanding anything contained in these Terms, Automataiz shall not be required to provide a service to the extent the provision thereof would violate or contravene any Applicable Law.
Automataiz may, at its sole discretion, introduce new services and modify some or all of the existing Automataiz’s Services... While Automataiz continuously works towards keeping the Platform functional, you hereby acknowledge that technical failures are a part of any program.
Use of the Automataiz’s Services requires a supporting environment... All Users shall use the Platform and the features provided by the Platform in compliance with all Applicable Laws.
Terms and Conditions for Business Owners
License, Access & Registration
Right to Access and Registration. In order to access the Platform and Automataiz’s Services, a Business Owner has to sign up...
Business Owner’s Account & Business Owner’s Platform. On completion of the registration on the Platform as a Business Owner, you will get access...
License. Subject to the terms and conditions of this Agreement, Automataiz hereby grants...
Upgradation of License Features. The Business Owner may upgrade the license features...
Commencement of License & Term. The Business Owner’s Platform will be accessible...
License Restrictions & Prohibited Actions. The Business Owner shall not, either directly or indirectly...
Modifications, Enhancements & Upgrades. Automataiz may, at its discretion...
Suspension of License & Services. Automataiz may terminate or suspend...
Responsibilities of the Business Owner
Business Owner’s Services Compliance. The Business Owner shall ensure all its Business Owner’s Services are compliant with all Applicable Laws...
Uploading of Business Owner’s Content. The Business Owner shall upload and publish...
Business Owner’s Terms & Conditions. The Business Owner shall provide clear and conspicuous notice...
Approvals, Licenses & Authorizations. The Business Owner shall obtain and maintain...
Legal & Regulatory Compliance. The Business Owner hereby agrees and undertakes...
Maintenance of Systems & Resources. The Business Owner shall, at its sole cost...
Determination of Prices & Charges. The sale of the Business Owner’s Services...
Transaction Processing & Fulfilment. Upon the completion of each Transaction...
Business Owner’s Services Representations. The Business Owner represents, warrants...
Returns and Refunds. The Business Owner shall, for all Transactions...
Supervision of Business Owner’s Platform. The Business Owner shall be solely responsible...
Operating Environment. The Business Owner shall use the Business Owner’s Platform...
Customer Relationship. All agreements relating to the sale of Business Owner’s Services...
Use Transaction Information. The Business Owner shall not, directly or indirectly...
Contact Manager. The Business Owner shall appoint and keep in place...
Record Keeping, Inspection & Audit. During the term of the license and for a period of 9 (nine) years...
Support & Co-operation. The Business Owner shall work with Automataiz...
Automataiz's Pricing, Subscription Plans, Payments and Refunds
Platform Pricing & Subscription
Automataiz offers various types of subscription plans for accessing the Platform (“Subscription Plan”) and Automataiz’s fee and payment structure for each Subscription Plan differs...
Cancellation and Refund Policy
A Business Owner may cancel his subscription by either writing to Automataiz at {{Insert Email ID}} or through his account on the Platform...
Automataiz’s Services
Subject to the terms and conditions contained in these Terms, Automataiz will provide the following services to the Business Owner: hosting, access, tracking, and payment gateway integration...
Payment of Sale Proceeds, Fees, Taxes, Invoicing, Terms of Payment and Commercial Arrangement
Commercial Arrangement Between Automataiz & Business Owners. Definitions of Purchase Price and Sales Proceeds...
Consideration For Automataiz’s Services. The Business Owner will pay to Automataiz a pre-agreed percentage...
Management of Payments. Automataiz will collect Sales Proceeds and remit after deductions...
Invoicing & Expenses. Consolidated invoices and costs...
Commercial Arrangement Between Business Owners & Business Owners Users
Business Owner's Fee. Solely determined by the Business Owner...
Third-Party Payment Providers. Integrated aggregators may charge fees...
Taxes. The Business Owner is solely responsible for all applicable taxes...
Invoices. Must comply with Applicable Laws...
Cancellation and Refund Policy. The Business Owner is responsible to make available and honour policies...
Privacy & Confidentiality
Privacy. Automataiz views protection of your privacy as a very important principle... By accessing the Platform or using our Services, you specifically consent to our Privacy Policy.
Confidentiality. Each User shall use commercially reasonable efforts to keep confidential any and all data and information about Automataiz (“Confidential Information”).
Intellectual Property Rights and Ownership
The Automataiz’s Technology, Trade Secrets, Platform and Confidential Information constitute valuable trade secrets. All worldwide intellectual property rights remain the exclusive property of the Automataiz Group Entities...
Disclaimer
You acknowledge that Automataiz has no duty to take any action regarding: which Users gain access, what Content you access, or how you interpret Content. The Platform and Services are provided “as is” and “as available” without warranty of any kind...
Indemnification & Limitation of Liability
Indemnification. You shall indemnify, defend and hold harmless the Automataiz Group Entities...
Limitation of Liability. In no event shall Automataiz be liable for lost profits, data, opportunity, or special, indirect, incidental, punitive, compensatory or consequential damages... Direct damages capped at INR 10,000 or fees paid (whichever is lower).
Third Party Services
Links to third-party websites/services are governed by their terms and policies. Automataiz is not responsible or liable for third-party content or services.
Copyright Infringement Complaints
Automataiz respects IP rights and prohibits posting content that infringes others’ rights. Copyright complaints can be sent to support@automataiz.com. Please include all details required under the Indian Copyright Act, 1975.
Governing Law, Jurisdiction and Dispute Resolution
These Terms will be governed by the laws of India. Courts at Howrah, West Bengal, India shall have exclusive jurisdiction. Disputes shall be settled under the Arbitration and Conciliation Act, 1996 with a sole arbitrator appointed by Automataiz. Seat and venue: Howrah, West Bengal. Language: English.
Termination
You may stop using the Platform and Services at any time. Contact support@automataiz.com or deactivate from your dashboard. Access terminates upon subscription expiry unless renewed within 7 days. Automataiz may terminate or suspend access for breach, non-payment, abuse/harassment, bad-faith complaints, or if required by law. Upon termination, all licenses and rights cease immediately.
Miscellaneous Provisions
Force Majeure. Automataiz is not liable for delays/failures due to Force Majeure.
Specific Relief. Unauthorised use may entitle Automataiz to injunctive relief.
Legal Actions. No action may be brought after 6 months of cause.
Waiver. No waiver unless in writing.
Entire Agreement. These Terms constitute the entire agreement.
Independent Rights. Rights are cumulative and without prejudice.
Severability. Illegal/invalid provisions are severable.
Evidence & Proof. Platform data may be used as proof.
Assignment. You may not assign; Automataiz may assign without consent.
No Agency. No partnership/joint venture/employment is created.
Notices. Send notices to support@automataiz.com.
Contact us
Awazme Consulting Services Pvt. Ltd.
DCB 424, 4th Floor, DLF Cybercity
Chandaka Industrial Estate, Patia, Bhubaneswar
Odisha, 751024, India.
Effective Date: April [●], 2025