100billion OMS – Terms of Use

1. Introduction and Acceptance of Terms

These Terms of Use (the “Terms”) together with the Privacy Policy and the Acceptable Use Policy form a binding agreement between you and 100billion Tech for access to and use of the 100billion OMS software-as-a-service platform.

By creating an account, subscribing, or using the Services, you confirm you have read, understood, and agree to these Terms in full; if you do not agree, do not use the Services.

2. Definitions

Key capitalized terms include: Account, Affiliate, Applicable Law, Auto-Renewal, Confidential Information, Content, Customer, Customer Data, Documentation, Force Majeure Event, Payment Method, Services, Subscription Term, Trial Period, and Third-Party Services.

3. Eligibility, Registration, and Security Obligations

You must be at least eighteen (18) years old, acting for business or professional purposes, and provide accurate registration details.

You are responsible for safeguarding credentials and all activities under your Account.

4. License Grant and Intellectual Property Rights

Subject to these Terms, the Company grants a limited, revocable, non-exclusive, non-transferable license to access and use the Services during the Subscription Term.

All rights, title, and interest in the Services, software, and Documentation remain with the Company; no implied licenses are granted.

5. Subscriptions, Billing, Free Trial & Auto-Renewals

Subscriptions are billed monthly or annually and renew automatically for successive terms unless cancelled as specified herein; you authorize recurring charges to your Payment Method.

A one-time seven (7) day free Trial Period may be provided; unless cancelled before its end, billing starts automatically upon expiry of the Trial Period.

All fees are non-refundable, non-creditable, and non-transferable; fee schedules may be updated with notice.

6. Customer Responsibilities

You will comply with all Applicable Law; ensure Content is accurate and lawful; and remain liable for actions of your personnel or agents who access the Services through your Account.

7. Service Availability and Downtime

The Company aims for reliable Service but does not guarantee uninterrupted, error-free operation; temporary unavailability may occur due to maintenance, network issues, cyberattacks, or Force Majeure Events.

8. Customer Content

You retain ownership of Customer Data and grant the Company a worldwide, royalty-free license to host, process, and display such data solely to deliver the Services.

You represent that you have all rights and consents required for your use of the Services with respect to Customer Data.

9. Acceptable Use and Prohibited Conduct

Your use of the Services must adhere to the Acceptable Use Policy, which prohibits, among other things: IP infringement, illegal content, spamming, unauthorized scraping or botting, denial-of-service attacks, credential sharing, and using the Services to build a competing product.

10. Privacy Policy and Data Protection

The Privacy Policy explains how we collect, use, share, and protect personal information; by using the Services you consent to such processing.

You warrant that any personal data you input into the Services has been collected lawfully with appropriate notices and consents.

11. Data Retention and Termination

Upon termination or expiry of a Subscription, access ceases immediately; Customer Data will be retained for one hundred and twenty (120) days for export upon request.

After the retention period, Customer Data may be permanently deleted and cannot be recovered.

12. Third-Party Services and Integrations

The Services may interoperate with Third-Party Services; such providers are independent of the Company and governed by their own terms and privacy policies.

We are not responsible for availability, security, or performance of Third-Party Services.

13. Support, Maintenance, and Updates

Standard support is provided during business hours and may vary by subscription tier; the Services evolve over time and features may be added, changed, or removed.

14. Beta Services and Experimental Features

Beta Services are provided “as-is,” may contain defects, and may be modified or discontinued at any time without notice; no SLA applies to Beta Services.

15. Feedback and Suggestions

If you send Feedback, you grant the Company an unrestricted, irrevocable license to use it without any obligation to you.

16. Disclaimers of Warranty

The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Limitation of Liability

To the maximum extent permitted by law, the Company’s aggregate liability arising out of or related to the Services shall not exceed the fees paid by you during the twelve (12) months preceding the event giving rise to the claim.

The Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its Affiliates from claims, damages, and expenses arising from (a) your misuse of the Services, (b) your breach of these Terms, (c) your violation of law, or (d) infringement by your Content.

19. Changes to Terms and Notices

We may update these Terms at any time by posting a revised version and providing notice through the Services or via email; continued use after the effective date constitutes acceptance.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute shall be resolved by binding arbitration seated in Mumbai, Maharashtra, under the Arbitration and Conciliation Act, 1996; courts in Mumbai have exclusive jurisdiction for interim relief.

21. Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, epidemics, power failures, or internet disruptions.

22. Miscellaneous

These Terms constitute the entire agreement between the parties and supersede prior or contemporaneous agreements on the subject matter.

If any provision is held invalid, the remainder shall continue in full force and effect; you may not assign these Terms without our prior written consent.

23. Contact Information

All notices or queries shall be directed to: 100billion Tech, 4th floor, Nemi Krishna Society, E-10, opposite Bajaj School, Kandivali, Jethava Nagar, Kandivali West, Mumbai, Maharashtra 400067. Email: legal@100billiontech.in.

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