Terms and Conditions

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.

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. Subject to the foregoing if you are not competent to enter into a contract for any reason whatsoever, you shall not, under any circumstances or for any reason, use the Platform or the Services. Further: (i) you must not be prohibited from using the Services under applicable law; or (ii) we must not have previously disabled your Account for violation of any Law or our Terms. We may, in our sole discretion, refuse to offer the Services to any Person and/or change its eligibility criteria at any time.

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.

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. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws. Further, please refer to the country specific terms and conditions to know the specific terms, if any, applicable to you depending on the above or your place of residence.

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.

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. For this reason, we encourage you to review these Terms whenever you access the Platform or use the Services. Be sure to read these Terms periodically to ensure familiarity with the most current version of these Terms. If you do not agree to any change to these Terms, you must immediately stop using the Platform and the Services.

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

Definitions:

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, including live online courses delivered with or without the Business Owner, or through audio visual means, or by self-study of educational materials, whether existing as on date hereof or which may be introduced by the Business Owner from time to time;
“Business Owner’s Fee” means fee/price charged by the Business Owner for the Business Owner’s Services;
“Business Owner’s Live Sessions” means a live, in person session, undertaken by the Business Owner for a Business Owner’s User who subscribes for a private interaction/session with a Business Owner, including by using the tools and features available on the Platform;
“Business Owner’s Marks” shall mean trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by the Business Owner and its affiliates and licensors;
“Business Owner’s Platform” means a domain owned and created by a Business Owner under the Business Owner’s Marks by using Automataiz’s Services, including by using the Automataiz’s White Label Services;
“Business Owner’s Services” means all products, services and other Content, including the Business Owner’s Courses and the Business Owner’s Live Sessions, offered for sale by the Business Owner through the Business Owner’s Platform;
“Business Owner’s Services Information”, with respect to the Business Owner’s Services offered on the Business Owner’s Platform, means all information pertaining to such Business Owner’s Services (as applicable), including but not limited to: (i) description and categorization of the Services; (ii) Services content and identifying information; (iii) digitized images (if applicable) that depicts the Services; (iv) information regarding availability of the Services; (v) purchase price and other fee and charges applicable to the Services; (vi) information (if applicable) on shipping of the Services, including shipping, handling and gift wrapping charges, shipping limitations or requirements, shipment information including the estimated or promised shipment and/or delivery date; (vii) any text, disclaimers, warnings, notices, labels or other content required by Applicable Law to be displayed in connection with the offer, merchandising, advertising and/or sale of the Services; (viii) all other terms and conditions applicable to such Services;
“Business Owner’s Terms & Conditions” means the terms, conditions, rules, regulations, policies and procedures published by the Business Owner on the Business Owner’s Platform which forms a legal and binding contract between the Business Owner and the Business Owner’s Users, including in connection with the Transaction, the usage of the Business Owner’s Services by the Business Owner’s Users and the acquisition, usage and sharing to the personal and sensitive information about the Business Owner’s Users;
“Business Owner’s Users” means the Persons who subscribe to or purchase the Business Owner’s Services through the Business Owner’s Platform;
“Force Majeure” means any event beyond the reasonable control of Automataiz including, but not limited to any act of God, act of governmental authorities, legislative changes, malicious third-party attacks on the Automataiz’s Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, pandemics as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances;
“Government” or “Governmental Authority” means the union, state, local or other governmental authority exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other governmental authority or statutory authority, department, agency, commission, organization, board, tribunal, court and/or other entity authorized to make Laws;
“Losses” means and includes: (i) any and all monetary (or where the context so requires monetary equivalent of) losses, damages, liabilities, demands, charges, fines, fees, and penalties; (ii) costs and out-of-pocket expenses, including litigation expenses or expenses in relation to any claim, demand, action, or assessment, court costs, costs of investigation, fees paid and other disbursements made to attorneys’, advisors, actuaries, accountants’ and other experts; (iii) unless otherwise permitted by Applicable Law, any punitive, or other exemplary or extra contractual damages payable or paid in respect of any contract; (iv) amounts paid in settlement; and (v) liability imposed under any settlement, award, writ, order, judgment, decree or direction passed or made by any Governmental Authority;
“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, society, co-operative society, government or any agency or political subdivision thereof or any other entity that may be treated as a Person under Applicable Law;
“Automataiz” means Automataiz Private Limited, a company incorporated in accordance with the laws of India;
“Automataiz’s Content” means Content created and developed by the Automataiz Group Entities and their affiliates and licensors and published on the Platform, including the Automataiz Courses, the Course Content and Course Materials;
“Automataiz Group Entities” means Automataiz, Automataiz Inc., and their subsidiaries, affiliates, associate companies and other group companies;
“Automataiz Inc.” means Automataiz Inc., a company incorporated in accordance with laws of Delaware;
“Automataiz’s Marks” means the trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by Automataiz Group Entities and their affiliates and licensors;
“Automataiz’s Partners” means a licensee, channel partner, business partner, reseller, value added reseller, vendor, distributor, service provider, contractor, and/or systems integrator of Automataiz and such other Persons associated with of Automataiz;
“Automataiz’s Platform” or “Platform” means Automataiz’s online platform https://www.automataiz.com/ and all other internet domains, mobile applications, widgets, and other downloadable applications developed, owned, operated and/or controlled by Automataiz and the Automataiz Group Entities and their respective affiliates/licensors, and branded or licensed exclusively under Automataiz’s Marks, whether now existing or hereinafter developed, made available by Automataiz, through which Automataiz Group Entities offers and provides the Automataiz’s Services;
“Automataiz’s Representatives” includes, employees, representatives, agents, internal and external auditors, technicians, engineers and other personnel that Automataiz may designate from time to time
“Automataiz’s Services” means the products, services, Content, features, applications, tools, data, documents, and information offered, made available or enabled by Automataiz (and/or Automataiz Group Entities) through the Platform (or through third party service providers featured on the Platform) from time to time, including the Automataiz’s White Label Services;
“Automataiz’s Technology” includes the algorithms, software, hardware, code, technology, devices or other functional items, processes, systems, methods of operation, concepts, interfaces, web properties, communication pathways and/or protocols used by Automataiz Group Entities to provide the Automataiz’s Platform and the Automataiz’s Services;
“Automataiz’s Trade Secret” includes the business idea, commercial secrets, commercial method, know how, compilation of information, practice, pattern, technology, programs, systems, processes, compositions, technological data, technological prototypes, sales methods, distribution methods, profiles, advertising and marketing strategies, and other proprietary information developed by Automataiz Group Entities that: (i) provides Automataiz Group Entities with a competitive and economic advantage; (ii) is treated by Automataiz Group Entities in a way that can reasonably be expected to prevent the public or competitors from learning about it; and (iii) Automataiz Group Entities actively makes efforts to maintain as a secret;
“Automataiz’s White Label Services” means the white label platform license services provided by Automataiz to the Business Owners;

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 which may include placing an order for a Business Owner’s Service with the Business Owner using the Business Owner’s Platform as a facilitator to review Business Owner’s Services Information and to make the requisite payment for the Business Owner’s Services ordered using the payment gateway available on the Business Owner’s Platform; and

“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 by enabling each Business Owner to create their Business Owners Platform. Through the Business Owners Platform, a Business Owner can: (i) effectively promote, market, and showcase their skills, competencies, expertise, services and products and offer for sale and sell such services and products to the Business Owner’s Users; and (ii) connect with Business Owner’s Users and undertake transactions pertaining to the sale and purchase of the Business Owner’s Services. A Business Owner may also use the Business Owner’s Platform to: (i) publish his profile, including his picture, name, qualification, education, professional memberships, background, personal statement, skills, talents, expertise, experience, specialization, and consultation, professional or other fees; (ii) have private interactions with the Business Owner’s Users including by using the tools and feature available on the Business Owner’s Platform; and (iii) conduct workshops and other activities for the Business Owner’s Users.

A Business Owner’s User may use the Business Owner’s Platform to: (i) view the information about the Business Owner: (ii) purchase or subscribe to the Business Owner’s Services and paying the consideration to the Business Owner; (iii) schedule an in-person appointment, or reserve a session, with the Business Owner; and (iv) interact privately with the Business Owner, including by using the tools and feature available on the Business Owner’s Platform.

For the purpose of these Terms, usage of the term “Automataiz's Services” means all services, functionalities and tools offered via the Platform by Automataiz. Automataiz is only a platform service provider and an “intermediary” in accordance with the Information Technology Act, 2000 including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and other equivalent / similar legislations and applicable laws and is not, in any manner, an educational institution, a content provider and/or a marketplace.

The Platform is merely a technology that facilitates creation and sale of Business Owner’s Services by the Business Owners and enables interaction between the Business Owners and the Business Owner’s Users. Automataiz's only responsibility is to provision the technology and the related services in accordance with these Terms. All the Business Owners Content and the Business Owner’s Services offered on the Business Owner’s Platform, the prices and terms for the Business Owner’s Services and the overall management of the Business Owner’s Platform (excluding the technological reliance on Automataiz), including any interactions between a Business Owner and such Business Owner’s Users is solely decided by the Business Owner, and accordingly, the Business Owner is, at all times, solely responsible for all of the aforesaid. Automataiz is not, in any manner, liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of a Business Owner's relationship with Business Owner's Users, including Business Owner's Users' reliance upon any information or other content made available on the Business Owner’s Platform.

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.

The display on the Platform of a Business Owner or a Business Owner’s Services does not, in any way or manner, imply, suggest, or constitute a recommendation by Automataiz of that Business Owner or Business Owner’s Services or any sponsorship or approval of Automataiz of such Business Owner, or any affiliation between such Business Owner and Automataiz. Automataiz's role is limited to: (i) providing the technology to host the Business Owner’s Platform; and (ii) provide the necessary tools and facilities to the Business Owner to enable it to: (a) incorporate the Business Owner’s Content on the Business Owner’s Platform to enable the Business Owner’s Users access the Business Owner’s Content from the Business Owner’s Platform and carry out the Transactions; (b) access information about the Transactions and managing the orders for the Business Owner’s Services; and (c) manage its presence on the Business Owner’s Platform. Automataiz acts as an intermediary only and as such it functions within the introducing capacity. Automataiz is not and cannot be a party to or control in any manner any transactions between the Business Owner and the Business Owner’s User. Being an intermediary, Automataiz has no responsibility and/or liability in respect of the Content and transactions on the Business Owner’s Platform including any Business Owner’s Content or the interactions or transactions between a Business Owner and the Business Owner’s Users.

Further, you specifically understand, acknowledge, and agree that the Platform and Automataiz’s Services is not: (i) sponsoring, promoting or recommending any Business Owner and/or the Business Owner’s Services; (ii) an invitation to offer to buy or subscribe for any Business Owner’s Services provided by a Business Owner; (iii) offering the Business Owner’s Services for sale or soliciting any offer to buy or sell Business Owner’s Services; (iv) recommending any person to enter into any transaction of whatsoever with a Business Owner; (v) grading or rating any Business Owner; and (vi) intended to provide any professional advice or other opinions on any of 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: (i) cannot take responsibility or control the Business Owner’s Content and other information provided or made available by the Business Owners on the Business Owner’s Platform; (ii) does not examine, verify, research, endorse, validate or certify the Business Owner’s Content and any other information submitted/uploaded by the Business Owners on the Business Owner’s Platform nor assumes that all Business Owner’s Content and other information will be complete, accurate, truthful, trustworthy and reliable; (iii) cannot and does not warrant or guarantee the accuracy of the Business Owner’s Content and any other information submitted/uploaded by the Business Owner on the Business Owner’s Platform; and (iv) does not offer any advice with respect to any Business Owner’s Services.

Automataiz is not a provider of any of the Business Owner’s Services and has no responsibility or liability whatsoever for the Business Owner’s Services provided or not provided by any Business Owner. The Business Owner’s Services are owned, controlled, operated, managed and/or made available by the Business Owners either directly or through their representatives and/or agents. The Business Owners are solely responsible for the Business Owner Services. Automataiz makes no representations or warranties regarding the Business Owner’s Services, including their standards or availability. Automataiz does not publish any Content relating to the Business Owner’s Services, including the prices for the Business Owner’s Services. Any interaction and transactions by a Business Owner’s User with any Business Owner accessed through the Business Owner’s Platform is at his own risk and Automataiz does not bear any responsibility whatsoever. The Business Owner’s Users shall research upon the Business Owners and avail the Business Owner’s Services based on such due diligence. Automataiz strongly recommends all Business Owner’s Users to use the information found on the Business Owner’s Platform as an initial starting point for conducting his own research and due diligence on the profiled /featured Business Owners in order to determine his own personal opinion about such Business Owners before initiating, undertaking and concluding a transaction with such Business Owners. Given that Automataiz does not research, verify, endorse, represent, warrant, or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content and information on the Business Owner’s Platform, including Business Owner’s Content, and that the Business Owner’s User is not relying on Automataiz for any Business Owner’s Content and/or Business Owner’s Services, the Business Owner’s User alone is solely responsible for determining whether the Business Owner’s Service, is appropriate or suitable for him based on his objectives, circumstances and independent judgement.

The Business Owner’s Users expressly acknowledge, understand, and agree that any transaction for the purchase or subscription of any of the Business Owner’s Services is solely between the Business Owner’s User and the relevant Business Owner and that Automataiz does not guarantee and is not responsible or liable in any way for the delivery, quality, reliability, safety, legality or any other aspect of such Business Owner’s Services or the transaction between the Business Owner’s User and the relevant Business Owner. A Business Owner’s User’s engagement in any such transaction with a relevant Business Owner is at his sole risk. Automataiz is not responsible for screening, censoring or otherwise controlling transactions between the Business Owner’s User’s and any relevant Business Owner, including whether the transaction is legal and valid as per Applicable Laws. The Business Owner’s Users are solely responsible for verifying the accuracy and correctness of their transactions with any relevant Business Owner. Further, Automataiz does not take part in the negotiation or execution of any transaction related to or in connection with any Business Owner’s Services between the Business Owner’s User and the relevant Business Owner. All commercial and contractual terms are offered by and agreed to between the Business Owner and the Business Owner’s Users alone, which commercial and contractual terms include without limitation the nature and kind of the Business Owner’s Services, , warranties related to the Business Owner’s Services, the price, discounts and benefits offered, refunds, cancellations, payment methods, payment terms, documentation requirement such other rules and regulations of the Business Owners. Automataiz does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the Business Owner’s Users and the Business Owners. The Business Owner’s Users shall be solely responsible and liable to determine and agree upon the manner and terms and conditions for the transactions they enter into with the relevant Business Owner.

Automataiz: (i) shall not, in any manner whatsoever, be responsible for any non-performance or breach of any contract entered into between the Business Owner’s Users and the Business Owners; (ii) bears no liability to any Business Owner’s User or any other Person for any failure of a Business Owner to fulfil his obligations under any deal or transaction entered into between them; (iii) cannot and does not guarantee that the concerned Business Owner’s User and/or the Business Owner to a deal or transaction will perform any deal or transaction concluded pursuant to the Business Owner’s Platform; and (iv) shall not and is not required to mediate or resolve any dispute or disagreement between the Business Owner and the Business Owner’s Users and/or any third Persons.

The Business Owner’s Users shall abide by the Business Owner’s Terms and Conditions imposed by any Business Owner with whom they elect to deal or transact with. The Business Owner’s Users understand that any violation of any such Business Owner Terms and Conditions may result in cancellation/termination of the Business Owner’s Services purchased or subscribed by the Business Owner’s Users and the Business Owner’s Users being denied access to the applicable Business Owner’s Services. Any changes which the Business Owner’s Users want to make with respect to a relevant Business Owner’s Service (including cancellations and refunds) or other issues which a Business Owner’s Users may face with respect to any relevant Business Owner’s Service purchased the Business Owner’s Users should be resolved by the Business Owner’s Users directly with the relevant Business Owner from whom they purchased the Business Owner’s Service. Automataiz has no responsibility whatsoever for any arrangements the Business Owner’s Users make with any Business Owner as a result of their use of the Business Owner’s Services and/or the Business Owner’s Platform. In the event the Business Owner’s Users encounter any problems with any transaction which they make or attempt to make via the Business Owner’s Platform, the Business Owner’s Users acknowledge and agree that they shall resolve that issue directly with the relevant Business Owner and that their sole remedy in such circumstances, including any refund, lies with the relevant Business Owner and not with Automataiz. The Business Owner’s Terms and Conditions will set out what rights the Business Owner’s Users have against the Business Owner and will explain their liability to the Business Owner’s Users in the event of any issues or disputes arising with such Business Owner. In the event of a conflict between these Terms and the Business Owner Terms and Conditions, these Terms shall prevail.

Automataiz does not and is not under an obligation to pre-screen or monitor or examine and verify the Business Owner’s Content, Content of the Users, or the Business Owner’s Services at any time. However, Automataiz may, under the following among other circumstances, access, view, or listen to Business Owner’s Content, Content of the Users, or the Business Owner’s Services: (i) where required by Applicable Law; (ii) to provide the Automataiz’s Services; (ii) to respond to support requests; (iii) to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (iv) enforce the Terms. Automataiz may also install automated systems or use other technologies to analyze all Content provided, uploaded, or posted on the Business Owner’s Platform. Automataiz also reserves its absolute right to remove any Content from the Business Owner’s Platform, including Business Owner’s Content if Automataiz determines in its sole discretion that such Content is in violation of these Terms or any Applicable Law and/or industry practices. Further, if Automataiz suspects any illegal, wrongful or fraudulent activity on the Business Owner’s Platform by any User, notwithstanding any other rights Automataiz may have, Automataiz reserves the right to inform the relevant Governmental or law enforcement authorities. Automataiz will cooperate in all investigative procedures or requests for access / information initiated by any such Governmental or law enforcement authorities.

Automataiz shall not be liable for any delay, failure, non-performance or deficiencies in the Automataiz’s Services and such delay, failure, non-performance or deficiency shall not constitute Automataiz’s failure to meet the requirements detailed in these Terms, to the extent that any such failure is attributable to: (i) Force Majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms); (iii) acts or omissions of third parties related to the Users; (iv) acts or omissions of the directors, employees, officers, advisors, sub-contractors, supplies, vendors, agents and representatives of the Users; (v) restrictions/constraints imposed by Applicable Laws; (vi) a failure by the User to provide Automataiz, immediately, with any information or other material reasonably requested by Automataiz; (vii) any inaccurate or misleading information supplied by the User to Automataiz and upon which Automataiz relies; (viii) the User’s failure to take such corrective action which forms a part of the User’s responsibility, as may be reasonably requested and identified by Automataiz to the User; and (ix) such other reasons not attributable to Automataiz.

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. Automataiz reserves the right to introduce a fee or revise the fee for the Automataiz’s Services offered. Automataiz also reserves the right, with or without prior notice, to: (i) limit the availability of or to discontinue any Automataiz’s Service; (ii) impose conditions on the use of Automataiz’s Services; (iii) refuse to provide any User with any Automataiz’s Services.

While Automataiz continuously works towards keeping the Platform functional, you hereby acknowledge that technical failures are a part of any program. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software or on account of technical problems or traffic congestion on the internet or combination thereof, we will take the necessary measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any Loss arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction.

Use of the Automataiz’s Services requires a supporting environment, including internet access, compatible hardware, and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.

All Users shall use the Platform and the features provided by the Platform in compliance with all Applicable Laws. You will not use the Platform, or any feature provided by the Platform for any purposes not intended under these Terms. You shall be responsible and liable to Automataiz for all actions, claims, proceedings, and Losses incurred by Automataiz arising out of, or in any way connected with, your use of the Services, the Platform or breach of these Terms.

Automataiz’s Services rendered by Automataiz are not exclusive to a Business Owner or any other User or Person and we reserve the right to provide its services to any Person, al, including to the competitors of the Business Owners.

Terms and Conditions

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 or subscribe for the Automataiz’s Services by registering for or having an account on the Platform in the manner and by following the process prescribed by Automataiz ("Account). You must provide accurate and complete information as required by Automataiz to create an Account. To access the Platform, the Business Owner will be provided a onetime password (“OTP”) on the mobile number or email registered by the User with Automataiz. Automataiz shall in no way be held responsible or liable for delay, failure and/or untimely delivery of OTP due network congestions, network failure, systems failure, or any other reasons beyond the reasonable control of Automataiz or its service provider(s). The Business Owner shall be responsible for maintaining the confidentiality of the OTP and shall not share or disclose it to any other Person. The Business Owner shall be solely responsible for the activity that occurs under its Account, regardless of whether the activities are undertaken by the Business Owner, or a third party. The Business Owner shall be responsible for undertaking the proper supervision, control and management of his access and use of the Platform and the Services, including in conformity with these Terms. Automataiz shall not be liable for any loss or damage as a result of the Business Owner’s failure to keep his Account secure.

Business Owner’s Account & Business Owner’s Platform:

On completion of the registration on the Platform as a Business Owner, you will get access to the Business Owner’s Platform based on the service offerings purchased/subscribed by you on the Platform. Based on the plan purchased by the Business Owner: (i) the Business Owner will have access to the features of the Business Owner’s Platform as specified in the relevant plan; and (ii) the Business Owner’s Platform will be branded under the Business Owner’s name and the Business Owner’s Marks and shall be accessible to the Business Owner’s Users under a URL designated by the Business Owner. Subject to the foregoing, the Business Owner will be able to customize the look and feel of the Business Owner’s Platform to meet its business requirements.
The Business Owner signing up for the Platform by opening an Account will be the contracting party for these Terms, and will be the person who is authorized to use the Account.
If the Business Owner is signing up for the Platform on behalf of his employer or other entity, the employer or such other entity will be the Business Owner. You must use your employer-issued email address and represent that you have the authority to bind your employer or such entity to these Terms.
As a Business Owner, you or the entity on whose behalf you have created an account on the Platform (as may be the case), are/is the deemed account holder of the Account so created by you.
Depending on the subscription plan, a Business Owner may allow one or more persons (“Business Owner’s Authorized Users”) to access the Account.
The Business Owner is responsible for setting the level of access and permissions for the Business Owner’s Authorized Users.The Business Owner is responsible and liable for the acts, omissions and defaults arising from the use of Accounts by the Business Owner’s Authorized Users as if they were the Business Owner’s own acts, omissions, or default.

License:

Subject to the terms and conditions of this Agreement, Automataiz hereby grants to the Business Owner, a non-exclusive, non-transferable, revocable, restricted, limited, and non-sublicensable right and license to access and use the Business Owner’s Platform solely for the purposes offering for sale the Business Owner’s Services through the Business Owner’s Platform and undertaking the Transactions.

Upgradation of License Features:

The Business Owner may, at any time, and from time to time, upgrade the license features by subscribing to enhanced features offered by Automataiz by following the process prescribed by Automataiz in this regard and paying the additional fee and other charges.

Commencement of License & Term:

The Business Owner’s Platform will be accessible to the Business Owner from the date of purchase of the relevant plan from Automataiz by registering with Automataiz (“Commencement Date”). Accordingly, the license of the Business Owner’s Platform will be effective from the Commencement Date and will continue to be valid for a period of 1 (one) year (“License Term”) unless terminated earlier in accordance with the terms of this Agreement.

License Restrictions & Prohibited Actions:

The Business Owner shall not, either directly or indirectly: (i) copy, adapt, alter, modify, translate, localize, merge and/or create derivative works of the Business Owner’s Platform; (ii) decompile, disassemble, reverse engineer, reduce the Business Owner’s Platform to human perceptible form and/or otherwise attempt to determine its underlying source code, trade secrets or know-how; (iii) interfere with, modify, disrupt or disable features or functionality of the Business Owner’s Platform including without limitation using any mechanism to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of Automataiz; (iv) alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye-readable or machine-readable marking on the Business Owner’s Platform which refers to Automataiz as the owner, author or developer of the Business Owner’s Platform and all proprietary and intellectual property rights contained therein; (v) distribute, provide, lease, lend, sub-license, use and/or allow others to use the Business Owner’s Platform to or for the benefit of any third parties; and (vi) provide the use of the Business Owner’s Platform in any service bureau, time-sharing or facilities management arrangement and/or otherwise use the Business Owner’s Platform to provide services to third parties.

The Business Owner shall not and shall not permit others to: (i) use Business Owner’s Platform in any manner or for any purpose other than as expressly permitted by these Terms; (ii) use Business Owner’s Platform directly or indirectly in a manner inconsistent with its original design and intended purposes; (iii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of Business Owner’s Platform, or the functioning of the partner networks or third-party platforms through which Business Owner’s Platform is provided, or attempt to do any of the above or take any action that imposes or may impose (as determined by Automataiz in its sole discretion) an unreasonable or disproportionately large load on Automataiz’s (or third party service providers of Automataiz) infrastructure; (iv) transmit any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to Business Owner’s Platform, and/or organise, participate in or be involved in any way in an attack on Automataiz’s servers and/or Business Owner’s Platform and/or those of its service providers and partners; (v) create, supply or use alternative methods of using Business Owner’s Platform or access any content on or of Business Owner’s Platform through any technology or means other than those provided or authorized by Automataiz or bypass, circumvent or attempt to bypass or circumvent any measures Automataiz may use to prevent or restrict access to Business Owner’s Platform (or other computer systems, resources or networks connected to Business Owner’s Platform); (vi) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available on or through Business Owner’s Platform or Automataiz’s Technology through any means, including through means not intentionally made publicly available or provided for through Business Owner’s Platform; (vii) use the Business Owner’s Platform in any way that would subject Automataiz to any claim or action or infringe a third party’s Intellectual Property Rights; (viii) access Business Owner’s Platform to test or monitor availability, performance, penetration or vulnerability testing or functionality for any benchmarking or competitive purpose; and (ix) use Business Owner’s Platform in a manner that violates any Applicable Laws or any of Automataiz’s Intellectual Property Rights.

The Business Owner shall specifically not and shall not permit others to: (i) use Business Owner’s Platform for commercial purposes without obtaining a license to do so from Automataiz; (ii) use Business Owner’s Platform to build a competitive product or service or to build a product or service using similar ideas, features, functions or graphics of Business Owner’s Platform; (iii) copy any ideas, features, functions or graphics of Business Owner’s Platform or to create derivative works; (iv) publish, provide or disclose to any third party any opinions relating to, or test results, benchmarking or comparative study involving Business Owner’s Platform without the prior written consent of Automataiz; (iv) take any action that would cause Business Owner’s Platform (or any license or registration keys) to be placed in the public domain; (v) disparage, tarnish or otherwise harm Automataiz, including Business Owner’s Platform; and (vi) assert, authorize, assist, or encourage any third party to assert any right or interest in Business Owner’s Platform or make any Intellectual Property infringement claim regarding Business Owner’s Platform.

The Business Owner shall not, directly or indirectly, submit, upload, provide, transmit, distribute, post, store, link, or otherwise share content, information, data, software, and/or materials on the Platform or through Business Owner’s Platform that: (i) the Business Owner does not have the right, authority or license to make available, whether under Law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, obscene, or sexually explicit or contains or depicts pornography, or is otherwise inappropriate as determined by Automataiz, in Automataiz’s sole discretion; (iii) is invasive of another’s privacy; (iv) violates the publicity or proprietary or Intellectual Property Rights of third parties; (v) impersonates any person or entity; (vi) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (vii) discloses or provides information protected under any Law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (viii) violates any Law; (ix) would give rise to criminal or civil liability (under tort or otherwise); (xii) encourages conduct that constitutes an offense or that encourages or provides instructional information about illegal activities; (x) has the potential to create a liability for Automataiz; (xi) could cause Automataiz to lose, in whole or in part, Automataiz’s relationship with Automataiz’s Partners, Automataiz’s Representatives and/or Automataiz’s licensees; (xii) interferes with or disrupts the operation of Business Owner’s Platform or Automataiz’s Technology or the servers or networks used to make Business Owner’s Platform available, or violate any requirements, procedures, policies or regulations of such networks; and (xiii) threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Business Owner shall not, directly or indirectly, use Business Owner’s Platform: (i) in violation of any Applicable Law; (ii) in a manner which could cause loss, damage or personal injury to any Person; (iii) for any fraudulent or unlawful purpose or for the promotion of illegal activities; and (iv) for any activities that are in competition with Automataiz.

Any activity that the Business Owner is prohibited from performing under these Terms is equally prohibited to anyone using the Business Owner’s account, computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access Business Owner’s Platform.

The Business Owner shall assume full legal responsibility for any access and use of Business Owner’s Platform, and in the event of any breach of this duty resulting in legal claim against Automataiz, the Business Owner shall defend, indemnify, and hold Automataiz harmless from all Losses arising therefrom.

The enumeration of violations in this Section is not exhaustive, and Automataiz has and will exercise its authority to take any action which is necessary to protect the Platform, the Services and Automataiz’s Technology from acts that would be inimical to the purpose of this Section.

Modifications, Enhancements & Upgrades:

Automataiz may, at its discretion, from time to time, modify or make enhancements and upgrades to Business Owner’s Platform, including for technical reasons such as updates, maintenance operations and/or to improve and/or optimize Business Owner’s Platform. These enhancements and upgrades may be made available to the Business Owner, at Automataiz’s discretion, at no charge or at an additional charge.

Suspension of License & Services:

Automataiz may, without incurring any liability whatsoever, terminate or suspend the Business Owner’s access to the Business Owner’s Platform and Automataiz’s Services if: (i) the Business Owner is in breach of these Terms; and/or (ii) fails perform its obligations and responsibilities set forth in these Terms.

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. In no event shall the Business Owner publish any Business Owner’s Content and Business Owner’s Services which are violative of any Applicable Laws.

Uploading of Business Owner’s Content:

The Business Owner shall: (i) upload and publish the Business Owner’s Content on the Business Owner’s Platform in a complete and accurate manner and in a format required by Automataiz; and (ii) promptly remedy and/or correct any errors in the Business Owner’s Content, including errors discovered by Automataiz or brought to the attention of the Business Owner by Automataiz. The Business Owner’s Content shall be in compliance with all Applicable Laws. Further: (i) the Business Owner shall cooperate and assist in the management of the Business Owner’s Platform by: (a) promptly answering all queries that Automataiz may have regarding the Business Owner’s Content; and (b) assisting in resolving any issues that Automataiz may have regarding the Business Owner’s Content; and (ii) the Business Owner will continuously update the Business Owner’s Content to ensure it at all times remains accurate and complete.
Automataiz is not responsible for screening, censoring or otherwise controlling transactions between the Business Owner and the Business Owner’s Users, including whether the transaction is legal and valid as per Applicable Laws. The Business Owner and the Business Owner’s Users are solely responsible for verifying the accuracy and correctness of their transactions with each other.
Automataiz may, upon notice to the Business Owner, require the Business Owner to discontinue or remove any Business Owner’s Content from the Business Owner’s Platform if Automataiz is of the opinion that the relevant Business Owner’s Content: (i) violates these Terms or the Business Owner’s representations and warranties set forth herein; (ii) is factually inaccurate, misleading or deceptive; (iii) fails to comply with any Applicable Law; (iv) contains any programs, applications, interfaces or other functions that, given the nature of the Business Owner’s Platform, in Automataiz’s reasonable judgment, would have a deleterious effect on the Business Owner’s Platform and its operations or any Business Owner’s User's experience while navigating the Business Owner’s Platform; (v) would result in Automataiz being in violation of any Applicable Law; and/or (vi) would result in Automataiz being subjected to claims by any third parties or any Governmental Authorities.

Business Owner’s Terms & Conditions:

The Business Owner shall provide clear and conspicuous notice to potential and existing Business Owner’s Users of the Business Owner’s Terms & Conditions and require all Business Owner’s Users to agree to the Business Owner’s Terms & Conditions in order to undertake the Transactions and use the Products.

Approvals, Licenses & Authorizations:

The Business Owner shall obtain and maintain throughout the term of the license hereunder, all registrations, permissions, approvals, consents, licenses, and other authorizations that may be required to be obtained under any contract, Applicable Law, or from a Governmental Authority and/or otherwise from any Person or third party which are necessary for the Business Owner to undertake and perform its obligations under these Terms.

Legal & Regulatory Compliance:

The Business Owner hereby agrees and undertakes that in performing the transactions contemplated by these Terms, including the promotion and sale of the Business Owner’s Services through the Business Owner’s Platform, it shall strictly comply with all Applicable Laws. In the event and to the extent that such Laws impose stricter obligations on the Business Owner than those imposed under these Terms, then such Laws shall prevail to that extent.

Maintenance of Systems & Resources:

The Business Owner shall, at its sole cost and expense, maintain all systems, equipment, materials, resources, inventory, warehouses, fulfilment centres and facilities, as well as any support and maintenance of any of the foregoing, as necessary for the performance of its obligations under these Terms.

Determination of Prices & Charges:

The sale of the Business Owner’s Services through the Business Owner’s Platform is a sale by the Business Owner and the Business Owner will be solely responsible to determine the prices and other terms at which it proposes to sell the Products on the Business Owner’s Platform.

Transaction Processing & Fulfilment:

Upon the completion of each Transaction, the Business Owner will be solely responsible for processing such Transaction and delivering the Business Owner’s Services to the Business Owner’s User.

Business Owner’s Services Representations:

The Business Owner represents, warrants and undertakes that: (i) it shall have valid legal title to all Business Owner’s Services to perform its obligations under these Terms; (ii) the Business Owner’s Services delivered to Business Owner’s Users will be good and merchantable quality and condition; (iii) the Business Owner’s Services and their packaging will comply with all applicable marking, labelling and other requirements required by Law; and (iv) the Business Owner and all its subcontractors, agents, service providers and delivery partners involved in delivering the Business Owner’s Services will strictly adhere to all Applicable Laws, including any Law applicable to any territory where Business Owner’s Services are delivered.

Returns and Refunds:

The Business Owner shall, for all Transactions that are not fulfilled, will follow and comply with the terms and conditions and follow the process for returns, refunds and adjustments as set out in the Business Owner’s Terms & Conditions. The Business Owner shall inform the Business Owner’s Users of the Business Owner’s Terms & Conditions that applies to each of the Business Owner’s Services. The Business Owner will be responsible to determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by the Business Owner to the relevant Business Owner’s User in connection with a relevant Transaction.

Business Owner’s Services Warranty:

All warranties with respect to the Business Owner’s Services will be solely provided by the Business Owner to the Business Owner’s Users.

Supervision of Business Owner’s Platform:

The Business Owner shall be solely responsible for supervising the usage of the Business Owner’s Platform, including by all its Business Owner’s Users (whether authorized or not) and ensure proper use of the Business Owner’s Platform in accordance with these terms and the Business Owner’s Terms & Conditions. Without limiting the generality of the foregoing, the Business Owner shall be solely responsible for: (i) ensuring that it operates the Business Owner’s Platform in accordance with Applicable Laws; (ii) monitoring the content displayed on the Business Owner’s Platform; and (iii) for establishing the terms of its relationships with the Business Owner’s Users of the Business Owner’s Platform. In no event shall Automataiz be responsible for any information or content displayed on or transmitted through the Business Owner’s Platform.

Business Owner’s Services Warranty:

All warranties with respect to the Business Owner’s Services will be solely provided by the Business Owner to the Business Owner’s Users.

Supervision of Business Owner’s Platform:

Operating Environment:

The Business Owner shall use the Business Owner’s Platform only in an operating environment prescribed by Automataiz, including using hardware and software prescribed by Automataiz.

Customer Relationship:

All agreements relating to the sale of Business Owner’s Services to Business Owner’s Users arising out of Transactions on the Business Owner’s Platform shall be between the Business Owner and the Business Owner’s Users. The Business Owner’s Users who purchase the Business Owner’s Services after having accessed the Business Owner’s Platform will be treated as customers of the Business Owner. Accordingly, the rules, policies and operating procedures concerning customer orders, customer service, customer data, etc. as determined and designed by the Business Owner will be applicable and shall be extended by the Business Owner to the Business Owner’s Users. The Business Owner shall be solely responsible for all customer issues, including services, packaging, handling, shipment, customer returns, refunds and adjustments, pricing, rebates, Business Owner’s Services information, availability, technical support, functionality and warranty. The Business Owner shall, for the foregoing purposes of these Terms: (i) provide for mail address and phone number for receiving customer complaints; and (ii) employ and maintain customer service team which shall be available and responsive, including in the manner prescribed under Applicable Law. The Business Owner will be solely responsible for risks, Losses and liabilities arising out of and in connection with a relevant Transaction including card or payment related frauds.

Use Transaction Information:

The Business Owner shall not, and shall ensure that its affiliates, employees, agents, representatives, sub-contractors and service providers shall not, directly or indirectly: (i) disclose or convey any Transaction Information except to the extent necessary to perform the obligations under these Terms; and (ii) use the Transaction Information for any unlawful or illegal purpose.

Contact Manager:

The Business Owner shall appoint and keep in place during the term of the license one or more project managers (individually, a “Contact Manager”) who will allocate such portion of his working time as may be reasonably necessary to facilitate the performance of the Business Owner’s obligations under these Terms, on a timely basis and in accordance with the terms hereof.
In the event a particular Contact Manager shall be absent or otherwise unable to perform his duties for an extended period of time, then the Business Owner shall identify an alternate person who shall have the same duties and authority to act as that of the previous Contact Manager. The Business Owner may change its Contact Manager at any time and from time to time with written notice to the Business Owner.
The Contact Manager shall: (i) be duly authorized to act for and on behalf of the Business Owner with respect to all matters relating to these Terms; (ii) receive and provide all communications relating to the operational and other matters arising hereunder; and (iii) have overall responsibility for managing and coordinating the performance of the Business Owner’s obligations hereunder.

Record Keeping, Inspection & Audit:

During the term of the license and for a period of 9 (nine) years after the termination of the license, the Business Owner shall maintain complete and accurate records and original documentation, including but not limited to those in electronic format, of all records, data and information: (i) received, created, generated, collected, processed and/or stored by the Business Owner in connection with the performance of its obligations under these Terms; (ii) relating to all its activities and transactions arising out of or relating to these Terms (“Contract Records”).
The audits and inspections will be conducted by Automataiz, at any time and from time to time, upon providing appropriate advance notice to the Business Owner. The Business Owner shall provide full cooperation and assistance to Automataiz Representatives in connection with any audit undertaken by Automataiz. The Business Owner may change its Contact Manager at any time and from time to time with written notice to the Business Owner.
Automataiz and Automataiz’s Representatives shall have the right to audit, inspect, verify and examine the Contract Records and other documents and materials in the possession of, or under the control of, the Business Owner with respect to the subject matter of these Terms.

Support & Co-operation:

The Business Owner shall: (i) work with Automataiz in a mutually beneficial and cooperative fashion in availing the Automataiz’s Services; (ii) perform, or cause its officers, employees, consultants, contractors, agents and representatives to perform, any and all actions required to facilitate the availing of the Automataiz’s Services in an efficient and timely manner; (iii) diligently perform its responsibilities under these Terms; (iv) allocate sufficient resources for the purposes of these Terms; (v) ensure that its Contact Managers are fully conversant with the business requirements and policies of the Business Owner; (vi) provide to Automataiz, on a timely basis, any and all information, which is reasonably necessary for it to provide Automataiz’s Services; (vii) promptly respond to the queries submitted by Automataiz in connection with Automataiz’s Services; (viii) take ameliorative action to avoid the failure by Automataiz in the provision of Automataiz’s Services on account of any acts or omissions of the Business Owner or third parties related to the Business Owner; (ix) take all necessary and appropriate steps to avoid or prevent any circumstances which would expose Automataiz to any risks or liabilities; (x) promptly inform Automataiz of any claims, actions and other circumstances and events that may have an impact on these Terms, Automataiz and/or Automataiz’s Services; (xi) not make unauthorized use of Automataiz’s Services, either directly or indirectly; and (xii) be responsible for its own expenses and costs of any kind incurred in connection with these Terms.

Pricing, Subscription Plans, Payments and Refunds

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. Automataiz reserves the right to change/revise the pricing of the Subscription Plans from time to time. For existing Subscription Plans for which the applicable fees have been already received by Automataiz, Automataiz will implement the price changes during the next billing period or renewal of the Subscription Plan. Automataiz will also charge onetime set up fees for certain Subscription Plans.

Automataiz may charge fees from the Business Owners to access particular features and functionalities of the Platform. Please read the details and terms applicable for each Subscription Plan on our subscription and pricing page before you purchase your Subscription Plan. Automataiz reserves the right to offer the Business Owners custom plans and pricing in addition to what is offered on its subscription and pricing page.

Automataiz’s billing cycles depend on the Subscription Plan the Business Owner has selected while purchasing and this may be on a monthly, quarterly, half yearly or annul basis. Payment will be charged to your chosen payment method at confirmation of your purchase in accordance with the billing cycle applicable for your Subscription Plan.

All payments to Automataiz shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) as may be applicable.

You agree to pay all fees and charges that are made to your account and that you are solely responsible for payment of these fees and charges. If you have not completed payments for your subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.

If you are unclear on the payments applicable to your Subscription Plan or have any questions about the Subscription Plans, then please write to us at {{Insert Email ID}}.

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. When a Business Owner cancels his subscription, Automataiz will disable his access to the Platform.

Automataiz may cancel the subscription of a Mentor at any time if such Mentor is in breach of the terms of these Terms.

All Business Owners, please note there shall be no refund of the fee paid for subscription under any circumstances whatsoever.

Automataiz’s Services

Subject to the terms and conditions contained in these Terms, Automataiz will provide the following services to the Business Owner:

Hosting of Business Owner’s Platform: Automataiz will develop, host, update and maintain the Business Owner’s Platform for the purposes of these Terms.
Access to Business Owner’s Platform: Automataiz will provide the necessary services to the Business Owner to enable it to: (i) incorporate the Business Owner’s Content on the Business Owner’s Platform to enable the Business Owner’s Users to access the Business Owner’s Content from the Business Owner’s Platform and carry out the Transactions; (ii) access information about the Transactions and managing the orders for the Business Owner’s Services; and (iii) manage its presence on the Business Owner’s Platform.
Tracking of Transactions: Automataiz will: (i) install the necessary tracking and reporting tools on the Business Owner’s Platform to enable Automataiz and the Business Owner track the Transactions; and (ii) provide the Business Owner with the necessary support to enable them to access and view the Business Owner’s User Information and the Transactions concluded by the Business Owner’s Users.
Payment gateway: Automataiz will: (i) enter into appropriate agreements with payment gateway service providers to enable a Business Owner’s User to complete a Transaction; and (ii) develop and deploy a suitable interface to enable the Business Owner’s Users to navigate between the Business Owner’s Platform and the payment gateway. Automataiz will accordingly receive all Sales Proceeds on behalf of the Business Owner for all Transactions and will remit them to the Business Owner after making deductions in accordance with the terms hereof.

Automataiz may, from time to time, adjust or modify the procedures, methods and the manner in which Automataiz’s Services have to be provided to reflect the general requirements, developing business and/or operating strategies of Automataiz.

Automataiz shall be entitled to rely upon and assume, without independent verification, the accuracy and completeness of all information furnished to Automataiz by the Business Owner with respect to Automataiz’s Services. Automataiz shall not be responsible for independently verifying the accuracy of such information, and shall not be liable for any inaccuracies therein and shall not assume any responsibility nor have any liability therefore. The Business Owner agrees to: (i) notify Automataiz promptly upon discovery that any information provided in accordance herewith is, or may be inaccurate, untrue, incomplete or misleading; and (ii) inform Automataiz promptly of material developments that may have any effect on transactions contemplated herein, directly or indirectly.

Notwithstanding anything contained herein, the Business Owner acknowledges, agrees and confirms that: (i) Automataiz’s Services allow the Business Owner to list the Business Owner’s Services for sale directly to the Business Owner’s Users through the Business Owner’s Platform; (ii) Automataiz is only providing its Business Owner’s Platform as a medium to enable the Business Owner offer and sell its Business Owner’s Services to the Business Owner’s Users; and (iii) Automataiz is not engaging or involved in, either directly or indirectly, in offering and selling any goods, including the Business Owner’s Services, on the Business Owner’s Platform. The Parties further agree that nothing contained in these Terms shall be construed to mean that Automataiz is engaged in the business of retail trade.

Automataiz shall not be liable for any failures, non-compliances, delays and/or deficiencies in the performance of Automataiz’s Services and such failure, deficiency, delay and/or non-compliance in performance shall not constitute Automataiz’s failure to meet the requirements detailed in these Terms, to the extent that any such failure, deficiency, delay and/or non-compliance is attributable to: (i) Force Majeure (as defined below); (ii) Business Owner’s acts or omissions (including, among other things, violations of Law, wilful misconduct, negligent acts or breach of these Terms); (iii) acts or omissions of third parties related to the Business Owner, including the Business Owner’s Users; (iv) the Business Owner’s Content; (v) restrictions/constraints and/or other prohibitions imposed by Applicable Laws, public policy, moral and ethical standards and/or or standards prescribed by any recognized association; (vi) a failure by the Business Owner to provide Automataiz, within a reasonable time, with any information or other material reasonably requested by Automataiz for the performance of Automataiz’s Services; (vii) any inaccurate or misleading information supplied by the Business Owner to Automataiz and upon which Automataiz relies in performing Automataiz’s Services; (viii) failure by the Business Owner to take such corrective action which forms a part of the Business Owner’s responsibility, as may be reasonably requested and identified by Automataiz to the Business Owner; and (ix) such other reasons solely attributable to the Business Owner or not attributable to Automataiz.

Payment of Sale Proceeds, Fees, Taxes, Invoicing, Terms of Payment and Commercial Arrangement

Commercial Arrangement Between Automataiz & Business Owners

Definitions:

For the purposes of these Terms: (i) “Purchase Price” means the total gross amount payable (or paid by a Business Owner’s User) for a Business Owner’s Services, including taxes; and (ii) “Sales Proceeds” means the gross sales proceeds paid by the Business Owner’s Users in the course of any Transactions, including the Purchase Price, taxes and shipping and other charges.

Consideration For Automataiz’s Services:

In consideration of the license of the Business Owner’s Platform and Automataiz’s Services provided by Automataiz to the Business Owner under these Terms, the Business Owner will pay to Automataiz, an amount equivalent to a pre-agreed percentage of the Purchase Price of the Business Owner’s Services for each Transaction, which percentage will depend on the Subscription Plan and Automataiz’s Services subscribed by the Business Owner (“Automataiz’s Fee”).

Management of Payments:

Automataiz will, for and on behalf of the Business Owner, collect all the Sale Proceeds into its nodal account using the payment gateway on the Business Owner’s Platform and thereafter remit all such amounts to the Business Owner after deducting Automataiz’s Fee. To manage the whole payment process, Automataiz will design the entire process, including using its payment gateway. For this purpose, the Business Owner’s Users may see Automataiz at the checkout page and payments made by the Business Owner’s Users will reflect as payment made to Automataiz. Any one-time passwords required to process the payments will be received by Automataiz.

Invoicing:

Automataiz will provide consolidated invoices to the Business Owners at the end of each month for the Automataiz’s Fee.

Expenses:

The Business Owner shall be solely responsible for costs and expenses in connection with the performance of its obligations under these Terms.

Commercial Arrangement Between Business Owners & Business Owners Users

Business Owner's Fee:

The Business Owner's Fee for the Business Owner’s Services made available on the Business Owner’s Platform is solely determined by the respective Business Owners, and Automataiz has no role in determining the same. The Business Owner will set the Business Owner's Fee of each Business Owner’s Service offered by the Business Owner through the Business Owner’s Platform at its sole discretion and without any input from Automataiz. The Business Owner must make available to the Business Owner’s Users the terms and conditions on which the Business Owner is offering the Business Owner’s Services. Please however note that if the Business Owner has purchased a Subscription Plan that requires the Business Owner to share its revenue with Automataiz, then the Business Owner's Fee will be paid to the Business Owner (including by the Third-Party Payment Provider) after deducting Automataiz's share, as agreed and applicable. Please read Automataiz’s pricing page and other terms, if any, specified on the Platform in this regard, including these Terms. A Business Owner shall not bypass or circumvent the payment mechanism offered by the Business Owner’s Platform by soliciting payment from a Business Owner’s User outside the Business Owner’s Platform in any manner including by using any alternative method to collect the Business Owner’s including such as receiving payments through links to digital wallet platforms or such online payment system or electronic wallets or by cash.

Third-Party Payment Providers:

Automataiz will integrate various third-party payment aggregators (“Third-Party Payment Providers”) to process payments for the Business Owner’s Services purchased through the Business Owner’s Platform by the Business Owner’s Users. Please note Third-Party Payment Providers may charge fees to use or access their services and may require the personal data of the Business Owners to complete any Transaction on the Business Owner’s Platform. Hence, prior to using any services offered by a Third-Party Payment Provider, please read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your data is being processed; this is also because, when you use the services or platform offered by such Third-Party Payment Providers, you agree to their respective terms and policies. Automataiz is not affiliated with any Third- Party Payment Provider and neither Automataiz nor any of the Third-Party Payment Providers are agents or employees of the other.

Taxes:

In respect of each Transaction, the Business Owner is solely responsible for all applicable taxes, including Goods and Services Taxes (GST) and other taxes as may be applicable or that may arise as a result of sales of the Business Owner’s Services through the Business Owner’s Platform. Neither is Automataiz responsible to nor does it collect, pay, remit or otherwise pay on your behalf, the taxes owed by the Business Owner (including GST) on the Business Owner’s Services the Business Owner sells through the Business Owner’s Platform.

Invoices:

All invoices raised by the Business Owner on the Business Owner’s Users shall be in compliance with Applicable Laws and shall indicate that the Business Owner is the supplier of the Business Owner’s Services offered by the Business Owner on through the Business Owner’s Platform.

Cancellation and Refund Policy:

The Business Owner is responsible for making available the terms and conditions and cancellation and refund policy applicable for the Business Owner’s Platform. The Business Owner that the Business Owner shall indemnify, defend, and hold harmless Automataiz and its directors, officers, agents, employees, successors, assignees, agents and authorized representatives against any Loss resulting from your failure to refund Business Owner's Fee in accordance with the Business Owner’s policies, remit the applicable taxes to the respective authority within the stipulated time period, or the Business Owner’s failure to comply to Applicable Laws.

Privacy

Automataiz views protection of your privacy as a very important principle. Automataiz understands clearly that you and your personal information is one of our most important assets. Our Privacy Policy governs our collection, use and disclosure of your personal information and is incorporated into and forms an integral part of these Terms. Please read it carefully. It describes what information Automataiz collects from you and when, how, and why Automataiz collects information from you, whom Automataiz shares your information with and when and how you can opt-out. This is important information. By accessing the Automataiz’s Platform or using our Automataiz’s 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”), whether written, oral or visual, disclosed to it by Automataiz or which comes into his possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by Law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing these Terms.

Intellectual Property Rights and Ownership

The Automataiz’s Technology, the Automataiz’s Trade Secrets, the Automataiz’s Platform and the Confidential Information of the Automataiz Group Entities (collectively, the “Automataiz Intellectual Property”) constitute valuable trade secrets of the Automataiz Group Entities. All worldwide intellectual property rights and other proprietary rights in and to the Automataiz Intellectual Property and all improvements and developments in connection therewith shall be and remain the exclusive property of the Automataiz Group Entities. The Users shall not, either directly or indirectly, infringe, misappropriate, or violate the Automataiz Intellectual Property in any manner whatsoever.

Save for the Users Content, the Automataiz’s Platform and all information and Content available on the Automataiz’s Platform and its “look and feel”, including but not limited to the Automataiz’s Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of the Automataiz Group Entities and their affiliates, partners or licensors, or is used with consent of the owner and is protected by Laws, including Laws governing, copyrights, trademarks and other intellectual property. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by Automataiz. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws. All rights in the Automataiz’s Platform and its Content, if not expressly granted, are reserved.

Certain Content, including reference documents, digital textbooks, articles, and other information on the Automataiz’s Platform are used with the permission of third parties, and use of that information is subject to terms and conditions of such third parties and by using the Automataiz’s Platform, you agree to abide by all such terms and conditions.

The Automataiz’s Marks referenced in the Automataiz’s Platform are the Intellectual Property Rights of the Automataiz Group Entities. Any unauthorized use of the same is strictly prohibited and all rights in the same are reserved by the Automataiz Group Entities. No use of any the Automataiz’s Marks may be made by any third party without the express written consent of the concerned Automataiz Group Entities.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Content obtained through the Automataiz’s Platform for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein.

Subject to these Terms, Automataiz grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access the Automataiz’s Platform solely for the purpose of availing the Automataiz’s Services.

Nothing contained on the Automataiz’s Platform should be construed as granting, by implication or otherwise, any right, license, or title to any of Automataiz’s Intellectual Property and the Automataiz’s Marks, without the advance written permission of the Automataiz Group Entities or such third party as may be appropriate. All rights are expressly reserved and retained by the Automataiz Group Entities. Your misuse of any of the Automataiz’s Intellectual Property, the Automataiz’s Marks displayed on the Automataiz’s Platform, or any other Content on the Automataiz’s Platform, except as provided in these Terms, is strictly prohibited. You are also advised that the Automataiz Group Entities consider their intellectual property to be among their most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent provided under Law.

Disclaimer

You acknowledge that Automataiz has no duty to take any action regarding: (i) which Users gain access to the Automataiz’s Services; (ii) what Content you access via the Automataiz’s Services; or (iii) how you may interpret or use the Content.

The Automataiz’s Platform, the Automataiz’s Services, the Content on the Automataiz’s Platform, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, Automataiz makes no warranty that: (i) the Automataiz’s Platform, the Automataiz’s Services, the Content on the Automataiz’s Platform, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable; (iii) the quality of the Automataiz’s Services purchased or accessible by you will meet your expectations; (iv) any errors or defects in the foregoing will be corrected; and (v) is free of viruses or other harmful components.

Automataiz specifically disclaims all liability for any actions resulting from Business Owner’s use of the Automataiz’s Platform and the Automataiz’s Services. You may use and access the Automataiz’s Platform and the Automataiz’s Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Automataiz’s Platform or any Service.

Automataiz disclaims any and all liability with respect to any Losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the Automataiz’s Platform or through the Automataiz’s Services.

Automataiz does not endorse any advertiser on its Automataiz’s Platform in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Indemnification

You shall indemnify, defend and hold harmless the Automataiz Group Entities and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to Business Owner’s (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Automataiz’s Platform, the Automataiz’s Services, or the Content; (ii) violation or breach of these Terms; (iii) violation or breach of any Applicable Law, whether or not referenced herein; (iv) violation of any rights of any third party; and (v) any dealings between the Business Owner and any third parties. Automataiz reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Automataiz in asserting any available defenses.

Limitation of Liability

The Users specifically acknowledge that the Automataiz’s Services are provided hereunder with the expectation that Automataiz shall not assume any risks of the Users. Accordingly, in no event shall Automataiz assume any risks of the Users.

The Users further acknowledge and agree that every decision taken by them represents an assumption of risk and that Automataiz does not and shall not underwrite or assume the Users risk in any manner.

Automataiz shall not be held liable for any liabilities suffered by the Users or any third party relating to or arising out of: (i) a failure by the Users to adhere to these Terms; (ii) negligent acts of the Users; and/or (iii) breach by the Users of any Applicable Law.

In no event shall Automataiz Group Entities and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Automataiz’s Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of INR 10,000/- (Rupees Ten Thousand only) or the fees (if any) paid to Automataiz for the Automataiz’s Services (whichever is lower), even if Automataiz has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by the Business Owner reflects the allocation of risk set forth in these Terms and that Automataiz would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against Automataiz arising out of Business Owner’s use of the Automataiz’s Platform and the Automataiz’s Services, or any conduct of Automataiz’s personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Automataiz’s Services or any other grievance shall be Business Owner’s termination and discontinuation of access to or use of the Automataiz’s Services.

In no event Automataiz Group Entities and their respective affiliates, licensors, partners, officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Automataiz’s Platform, the Automataiz’s Services or the Content available on the Automataiz’s Platform.

Third Party Services

Automataiz’s Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Automataiz’s Services. The use of any websites which are controlled, owned, or operated by third parties are governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that Automataiz are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between Automataiz and their operators. You further acknowledge and agree that Automataiz shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. Automataiz expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Automataiz’s Platform. You hereby agree to hold Automataiz harmless from any liability that may result from the use of third-party links that may appear on the Automataiz’s Platform.

Copyright Infringement Complaints

Automataiz respects the intellectual property rights of others, and it strongly prohibits its Users from posting any Content on the Automataiz’s Platform that violates a Person’s intellectual property rights.

You shall not use the Automataiz’s Services in violation of any Intellectual Property Rights of any Person, nor shall the Business Owner utilize the Automataiz’s Platform and the Automataiz’s Services and the Business Owner’s Platform to publish Content in a manner that would expose them to public view in violation of Applicable Laws. Automataiz will, in appropriate circumstances, terminate access to the Automataiz’s Platform and the Automataiz’s Services of violators. If a third party believes that the Business Owner have violated their Intellectual Property Rights and notifies Automataiz, Automataiz will forthwith take all necessary action, including but not limited to immediately terminating Business Owner’s access to the Automataiz’s Platform and the Automataiz’s Services, in addition all other rights available to Automataiz under these Terms, under Applicable Law and in equity.

The Indian Copyright Act, 1975 (“Copyright Act”) provides a complaint procedure for copyright owners who believe that certain Content on the Automataiz’s Platform infringes their rights. If you believe that your work has been improperly copied and posted on the Automataiz’s Platform, please provide Automataiz with a written complaint the following information: (i) the description of the work with adequate information to identify the work; (ii) details establishing that the complainant is the owner or exclusive licensee of copyright in the work; (iii) details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under Section 52 or any other act that is permitted by the Copyright Act; (iv) details of the location where transient or incidental storage of the work is taking place; (v) details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and (vi) undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one days) from the receipt of the notice. On receipt of the written complaint, Automataiz, if satisfied from the details provided in the complaint that the copy of the work is an infringed copy, within the time prescribed under law, take measures to refrain from facilitating such access for a period of 21 (twenty-one) days from the date of receipt of the complaint or till it receives an order from the competent court restraining it from facilitating access whichever is earlier. Automataiz may restore the storage of the work in case the complainant fails to produce the orders of the competent court having jurisdiction, restraining it from facilitating access. In case the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, Automataiz shall not be obliged to respond to any further notice sent by the same complainant on the same work in the same location.

You must send copyright infringement complaints to support@automataiz.com.

Governing Law, Jurisdiction and Dispute Resolution

These Terms will be governed by the laws of India, without regard to conflict of law principles. Further, the courts at Howrah, West Bengal, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.

The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by Automataiz. Any arbitral award shall be final and binding on the parties. The venue and seat of the arbitration shall be Howrah, West Bengal, India. The language of arbitration shall be English.

Nothing contained in this paragraph shall preclude Automataiz from applying for and obtaining any injunctive, prohibitory, and equitable or other similar urgent or interim relief from a court of law, if such judicial process is necessary to prevent serious and irreparable injury.

Termination

You may stop using the Automataiz’s Platform and the Automataiz’s Services at any time. If the Business Owner wish to terminate your account, the Business Owner may do so by writing to us at support@automataiz.com or by visiting the dashboard and deactivating from there.

A Business Owner’s access to the Automataiz’s Platform, the Automataiz’s Services and the Business Owner’s Platform will automatically terminate upon the completion of the Subscription Plan, unless the Business Owner renews his Subscription Plan. If the Business Owner does not renew his Subscription Plan within 7 (days) from the date of expiry, then the Business Owner’s access to the Automataiz’s Platform, the Automataiz’s Services and the Business Owner’s Platform will automatically terminate.

Automataiz may, at any time, terminate a Business Owner’s right to access and use the Automataiz’s Platform, the Business Owner’s Platform and Automataiz’s Service(s) if: (i) the Business Owner breaches any provision of these Terms (or acts in a manner that clearly shows the Business Owner does not intend to, or is unable to, comply with these Terms); (ii) the Business Owner fails to make the timely payment of fees for the Automataiz’s Services, if any; (iii) the Business Owner physically, verbally, or through other means abuses, threatens, bullies, or harasses Automataiz or its personnel (in such circumstances, Automataiz may alternatively suspend or restrict your access to the Automataiz’s Services); or (iv) the Business Owner has repeatedly made complaints in bad faith or without a reasonable basis and continues to do so after Automataiz has asked the Business Owner to stop (in such circumstances, Automataiz may alternatively suspend or restrict your access to the Automataiz’s Services).

Automataiz may, at any time, terminate the Business Owner’s right to access and use of the Automataiz’s Platform, the Business Owner’s Platform and the Automataiz’s Service(s) if Automataiz is required to do so by Applicable Law.

Upon termination of Business Owner’s access to the the Automataiz’s Platform, the Business Owner’s Platform and Automataiz’s Services for any reason, the Business Owner shall destroy and remove from all computers, devices, equipment, and other storage media all copies of any intellectual property owned by the Automataiz Group Entities that the Business Owner acquired through the Automataiz’s Services.

Upon termination, all licenses, and any other rights and services provided by Automataiz to the Business Owners shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with Business Owner’s Account.

Termination of these Terms, or any license, or User's access to the Automataiz’s Platform, the Business Owner’s Platform and the Automataiz’s Services shall not limit Automataiz from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any User of its obligation to pay all fees that have accrued or are otherwise owed by such User.

All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses the Business Owner have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.

Miscellaneous Provisions

Force Majeure:

Automataiz shall not be liable to the Users or any other Persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Automataiz’s Services or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure.

Specific Relief:

You acknowledge that your unauthorised use of the Automataiz’s Services and/or the Automataiz’s Platform may result in irreparable damage and injury to Automataiz Group Entities and/or their respective affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we, and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Automataiz’s Services and/or the Automataiz’s Platform.

Legal Actions:

No action, regardless of form, arising out of or relating to these Terms may be brought by you after 6 (six) months after the cause of action has accrued, except where this limitation cannot be imposed by law.

Waiver:

Failure of Automataiz to require performance of any provision of these Terms shall not affect Automataiz's right to full performance thereof at any time thereafter, and any waiver by Automataiz of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of Automataiz.

Entire Agreement:

These Terms including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and Automataiz related to the subject matter hereof.

Independent Rights:

Each of the rights of Automataiz are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non- exercise of any such rights shall not prejudice or constitute a waiver of any other right by Automataiz, whether under these Terms or otherwise. The rights of Automataiz with respect to any matter conferred under any provision of these Terms shall be in addition to any other rights conferred under any other provision of these Terms, in law or in equity.

Severability:

If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, we shall add as a part of these Terms, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

Evidence:

Subject to the Applicable Laws of evidence, you hereby agree not to object to admission of these Terms as evidence in legal proceedings.

Proof:

Any data in our systems can be used as proof for things that relate to your use of our Automataiz’s Services and the Automataiz’s Platform. This data can be used in legal proceedings, in the same way as any written document.

Assignment:

These Terms and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any Person without your consent.

No Agency:

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Notices:

Any notices, requests and other communications required or permitted hereunder to be provided by the user to us shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by us. Unless otherwise specified in these Terms, electronic notices should be sent to support@automataiz.com. We will send our notices to the Users by way of an email at the email address provided by the Users.

Contact us

You may contact us at the following address:

Awazme Consulting Services Pvt. Ltd.
DCB 424, 4th Floor, DLF Cybercity
Chandaka Industrial Estate, Patia, Bhubaneswar
Odisha, 751024, India.

Effective Date: April [●], 2025

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