You must create a Commmerce account (hereinafter to be referred to as “Account”) to access and utilize the Services. As part of the registration process, you must provide accurate and complete information, including your full legal name, business name, phone number, valid email address, and any additional details specified during the registration process. You are not required by law- to provide such information, however, without it, you cannot use the services supplied. All information submitted must be kept current and up to date. Commmerce reserves the right to verify the information provided and may reject applications or suspend accounts at our sole discretion if the information is found to be inaccurate, incomplete, or in violation of these Terms and Conditions. When registering you may be asked to choose an email and password. The email and password will serve you for identification each time you use the services of the system. This email address is the only address relevant regarding the password recovery.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, including any unauthorized use. Failure to comply with these registration requirements may result in account suspension or termination. Commmerce reserves the right to reject your application for an Account or terminate an existing Account at our sole discretion.

To register for an account with Commmerce, you must be at least 18 years of age or the age of majority in their respective jurisdiction, whichever is greater. By registering for an account, you affirm that you meet this age requirement and possess the legal capacity to enter into binding agreements.

If you are under 18 but at least 13 years old, you may use the Services only with the consent of a parent or guardian, who must review and agree to these Terms and Conditions on your behalf.

If you are registering on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Commmerce reserves the right to request verification of your age and, if necessary, to suspend or terminate access to the Services if it is discovered that you do not meet the stipulated age requirements.

During the registration process with Commmerce, you are required to provide a valid email address, which will serve as the “Primary Email Address” for all communications related to your account. This email address must be monitored regularly, as it will be the primary means of contact for important updates, notifications, and account-related information.

You are responsible for ensuring that the Primary Email Address is accurate, up-to-date, and capable of both sending and receiving messages. It is essential that communications pertaining to the Services, including but not limited to security alerts and promotional information, can be authenticated and responded to from this email address. Commmerce is not liable for any loss or disruption of Service resulting from the merchant’s failure to provide or maintain an accurate Primary Email Address.

If you need to update your Primary Email Address, you must send an e-mail to support@commmerce.com to ensure uninterrupted communication.

For any inquiries, support requests, or concerns regarding our Services, it is crucial that you provide a valid phone number as part of your account registration and management process. This phone number will serve as a primary point of contact for communication between you and Commmerce, enabling us to assist you effectively and promptly address any issues that may arise. Commmerce may use this contact information to notify you of important updates, changes to your account, or Service-related information.

It is your responsibility to ensure that the phone number you provide is accurate and current. Any failure to keep your contact information updated may result in delays in receiving important communications or support. By providing your phone number, you consent to receive calls or messages from Commmerce regarding your account and our Services, including operational updates and promotional content. If at any point you wish to opt out of communications, you can do so by sending a mail to support@commmerce.com.

You are responsible for maintaining the confidentiality and security of your Account credentials, including your password. Commmerce is not liable for any loss or damage resulting from your failure to keep your Account and password secure. Commmerce is not liable for any acts or omissions by you or anyone else in connection with your Accounts. Commmerce may request additional security measures at any time, and we reserve the right to adjust security requirements at our discretion.

You must immediately notify Commmerce if you suspect that your Account or password has been compromised or there is any unauthorized use of your Account.

You are responsible for your Account, and the products you upload to the operation of your Commmerce Store. If you violate Commmerce’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address or phone number.

We’re not liable for, and won’t provide you with any legal advice regarding, your sites or your end users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.

As a merchant of Commmerce, you acknowledge that we may choose to showcase your sites, excluding any scheduling pages, along with any names, trademarks, service marks, or logos that are associated with them. By using our Services, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to utilize any version or portion of your sites—including, but not limited to, names, trademarks, service marks, or logos—solely for the purpose of marketing and promoting Commmerce. This could involve featuring your sites on our Templates page, within the Customers section of our website, or through our social media channels. You also agree to waive any claims against Commmerce related to moral rights, artists' rights, or similar rights you may hold in relation to your sites or any associated names or trademarks. Additionally, you relinquish any rights to inspect or approve how your sites are used in these promotions.

If you prefer not to be featured in this manner, you can opt out by managing your settings within your account, or by contacting us directly at support@commmerce.com . It’s important to note that this provision will not affect any rights you may have under relevant data protection laws.

As a merchant of Commmerce’s services, you are expected to adhere to the following guidelines regarding the use of our platform and services. First and foremost, you must not copy, duplicate, alter, create derivative works, download, translate, or reverse engineer any part of Commmerce’s website, services, content, or third-party services without the explicit written consent of Commmerce, except as allowed within these terms. You are prohibited from submitting or displaying any user-generated content or licensed content that may be considered defamatory, obscene, harassing, or otherwise harmful, and which violates the rights of Commmerce or any third parties.

Additionally, you must refrain from engaging in any unlawful activities, such as illegally obtaining login credentials for other websites or collecting sensitive financial information unless compliant with applicable laws. The uploading of malicious content, spyware, or any harmful code onto Commmerce's services is strictly forbidden, as is the unauthorized publication or use of Commmerce's services or licensed content outside of our provided channels.

You must not utilize automated devices or scripts to access or monitor any portions of Commmerce’s services, nor should you attempt to disrupt or compromise the integrity and performance of the platform through probing or scanning for vulnerabilities. It is essential to maintain the reputation of Commmerce; therefore, any action that might damage our goodwill or bring disrepute is unacceptable.

Furthermore, you may not purchase keywords that use Commmerce's name or trademarks, impersonate any individual or entity, or provide misleading information regarding your association with Commmerce or any third party. Respecting the privacy of others is paramount; thus, stalking or collecting personally identifiable information without consent violates our terms.

Accessing Commmerce's services or accounts via unauthorized means, including circumvention of security measures, is prohibited. You must also avoid imposing an excessive load on our infrastructure or engage in any form of unsolicited communications, such as spam or phishing.

Additionally, you agree not to bypass, circumvent, or exploit any technical limitations of the Services provided by Commmerce, including using tools to enable disabled features. Decompiling, disassembling, or reverse-engineering any part of the Services is strictly prohibited. You also agree not to access the Services or monitor any products or information from the Services using automated means, such as robots, spiders, or scrapers.

Lastly, using our services for competitive analysis or benchmarking with the intent to develop a competing product is strictly forbidden. You are also not permitted to alter or erase any copyright or trademark notices associated with Commmerce’s licensed content. Adherence to these standards is critical to maintaining a safe and respectful environment for all Commmerce platform users.

Commmerce offers clients the opportunity to utilize a 3-day of subscription free of charge, as announced and periodically updated at Commmerce's discretion. At the conclusion of this trial period, users will have the option to decide whether to continue using the system under a paid license. Please be aware that Commmerce reserves the right to modify the specified trial duration at any time.

During the trial period, merchants' sites will be assigned subdomains, which are owned by Commmerce. As such, Commmerce retains full authority to cancel or suspend access to any subdomain at its discretion and without any obligation to provide reasons. Merchants acknowledge and accept that all subdomains belong to Commmerce and that, at any time, Commmerce may terminate or suspend a merchant’s account and associated subdomain. This action may occur without notice or liability to the merchant or any third parties, including immediate removal of any content linked to the account.

It is important to note that Commmerce may later introduce a fee for continued use of the system after the trial period, provided that any such change will only apply after the initial trial period has concluded.

In the event that a merchant fails to make timely payments after the trial period, Commmerce may block or delete any information associated with their account. Users who take advantage of the trial period to create multiple sites for commercial use in an inappropriate manner run the risk of having those sites locked or removed without warning. Throughout the trial period, users may receive various communications from Commmerce through email, text messages, or other methods, keeping them informed of relevant updates and promotions.

Commmerce reserves the exclusive right to determine the eligibility of merchants for our Services. We may impose restrictions regarding who can access or utilize our platform and its features. Additionally, Commmerce retains the right to modify, suspend, or discontinue any aspect of our Services, including but not limited to features, functionality, pricing, and availability, at our discretion and without prior notice. Changes may be made in response to evolving market conditions, and regulatory requirements, or to enhance the overall user experience. By using our Services, you acknowledge and accept that Commmerce may implement these modifications at any time and that it is your responsibility to stay informed of any changes that may affect your use of our Services.

Commmerce reserves the right to refuse or remove any products, content, or products from any part of our Services, including your Store, at our sole discretion. This applies to any products that we deem inappropriate, offensive, or in violation of our policies or legal requirements. We maintain this authority to ensure compliance with applicable laws, to protect the integrity of our Services, and to uphold a positive experience for all merchants. By utilizing our Services, you acknowledge that Commmerce may take such actions without prior notice, and you accept responsibility for ensuring that any products you upload or display comply with Commmerce’s guidelines and applicable standards.

Commmerce is not responsible for your system backup and it is your own responsibility to back up and keep a copy of any content that you upload of any kind prior to uploading it to the system.

While we may offer our services to your competitors, we want to assure you that your confidential information will always remain protected. We are committed to maintaining the privacy of your sensitive data and will never share, disclose, or sell your confidential information to any third parties, including competitors, under any circumstances. Our stringent security practices ensure that your business information is safeguarded at all times, allowing you to use our services with confidence. By using our Services, you agree to our commitment to protect your data and acknowledge that your privacy is our priority.

In the event of a dispute regarding the ownership of a Commmerce Account, Commmerce reserves the right to take necessary actions to protect the integrity of our services. This includes the ability to temporarily freeze the affected Commmerce Account or transfer it to the rightful owner, as determined by Commmerce in our sole discretion. Our determination may be based on, but is not limited to, the information provided during the registration process, transactional history, and any relevant documentation submitted by the disputing parties. By using our Services, you acknowledge that Commmerce's decision in these matters is final and that we will act to uphold the fairness and security of our platform.

Any form of verbal or written abuse directed toward Commmerce employees, members, or officers—including threats of any nature—will result in immediate termination of your Account.

At Commmerce, we uphold the principle of freedom of expression while ensuring compliance with applicable laws and regulations. As such, you are prohibited from posting or sharing any content that is vulgar, sexually explicit, threatening, defamatory, or that encourages criminal activity or civil offenses. Additionally, you may not post content that violates the privacy rights of others, damages public sentiment, infringes on intellectual property rights, or contains any form of computer viruses. Commmerce reserves the right to refuse publication of any content that we believe violates these standards or may harm our platform or third parties. We may also delete any such content without prior notice.

Furthermore, Commmerce will not be held liable for any content that appears within our system or on any devices that access our platform, including the reliability, accuracy, or impact of such content on user devices. You acknowledge that any content you share will be visible to all users and that Commmerce cannot predict or control the reactions it may elicit. Consequently, Commmerce will not be responsible for any responses or repercussions that arise as a result of your posted content, including any damage, inconvenience, or loss experienced by you or any third parties.

By using Commmerce, you acknowledge and agree that you are solely responsible for your Store, including all aspects related to the products or services you offer, as well as your interactions and relationships with your customers. Commmerce provides the platform and tools necessary for you to create and manage your Store; however, we do not assume any responsibility for the content you provide, the legality and compliance of your goods or services, or the satisfaction of your customers. Any disputes, liabilities, or issues arising from your Store, including transactions, customer inquiries, and service fulfillment, are entirely your responsibility. By utilizing our Services, you accept and agree to manage these responsibilities independently while using our platform.

As a merchant of Commmerce, it is essential to ensure that your online Store includes clear and accessible links to the Terms and Conditions, Privacy Policy, and Refund Policy. These documents outline the rights and responsibilities of both you as the merchant and your customers, informing them about how their data will be handled, the conditions under which refunds or returns may be processed, and any applicable terms of service. Additionally, you must provide your contact information through the "Contact Us" form on your Store to facilitate effective communication with your customers. It is your responsibility to keep these policies updated and ensure they are easily accessible to users to maintain transparency and trust in your online business.

As a merchant of Commmerce, you acknowledge and agree that you are solely responsible for the goods or services you offer through our Services. This includes, but is not limited to, the accuracy of product descriptions, pricing, calculation of fees and taxes, and any necessary legal disclosures. You are responsible for ensuring that your offerings comply with all applicable laws and regulations, including those related to consumer protection, product safety, and advertising. Additionally, you are accountable for any defects in your products and for the accuracy of any promotional content or offers you present. By utilizing our Services, you accept full responsibility for your goods and services, as well as for all customer interactions pertaining to them.

By using Commmerce, you agree that you will not engage in any illegal or unauthorized activities while utilizing our Services. This includes but is not limited to, activities that violate copyright laws or any other applicable laws in your jurisdiction. You are responsible for ensuring that your use of the Services complies with all local, state, and national laws relevant to your business and your customers. Any violations may result in immediate termination of your account and legal action taken against you. Commmerce reserves the right to monitor usage to ensure compliance, and by using our Services, you acknowledge and accept these terms as a condition of your use.

Commmerce does not assert ownership over the products you submit while using our Services; however, it is necessary for us to obtain a license to these products. By providing such products to Commmerce, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license that encompasses the rights to host, utilize, distribute, display, modify, execute, copy, store, broadcast, communicate to the public (including through telecommunications), reproduce, make available, present, translate, and create derivative works from any products you share in connection with our Services. This license is essential for Commmerce to effectively operate, enhance, and promote our offerings, as well as to fulfill our obligations and exercise our rights under these Terms of Service. You affirm and guarantee that you hold all necessary rights in the products to grant this license. Furthermore, you irrevocably waive all moral rights associated with the products in favor of Commmerce, acknowledging that this waiver may be enforced by anyone who acquires rights to the products through Commmerce, including any successors or third parties to whom Commmerce may transfer or grant rights, whether through licensing or sublicensing.

All intellectual property rights associated with the services offered by Commmerce, including but not limited to trademarks, service marks, logos, designs, software, and any copyrightable materials, are owned by or licensed to Commmerce and are protected by applicable intellectual property laws. This includes artwork, graphics, images, website templates, widgets, literary works, computer code (including HTML), applications, audio, music, video content, designs, animations, interfaces, and any proprietary identifiers such as logos and domains, regardless of whether they are registered. By utilizing our services, you acknowledge that you do not acquire any ownership rights in Commmerce’s intellectual property, nor do you gain any license to use these assets without explicit prior written consent.

As part of our commitment to enhancing our services, any feedback, comments, or suggestions you provide regarding Commmerce may be utilized by us without any obligation or compensation to you. By submitting feedback, you grant Commmerce a perpetual, irrevocable, royalty-free license to use such feedback for any purpose, including ongoing improvements and enhancements to our services. You also retain all intellectual property rights associated with the user content you create using Commmerce’s platform, which includes designs, images, animations, videos, audio files, and written materials. Commmerce does not claim ownership over your content; however, you acknowledge that in order to provide our services effectively, Commmerce may need to access, upload, and copy your user content onto our platform. This may involve the use of cloud services and content delivery networks (CDNs) for display adjustments, backups, and any other technical requirements essential for delivering our services.

It is your responsibility to ensure that any materials you upload or create do not infringe upon the intellectual property rights of third parties. In the event of any disputes concerning intellectual property claims, Commmerce reserves the right to take necessary actions to protect its rights, including the removal of infringing content or the suspension of accounts deemed to be in violation. By using our services, you agree to respect the intellectual property rights belonging to Commmerce and other third parties, and you commit to adhering to all applicable laws and regulations in this regard.

By using the Services provided by Commmerce, you agree to refrain from purchasing, registering, or utilizing any search engine keywords, pay-per-click keywords (such as those used in Google Ads), trademarks, email addresses, social media usernames, or domain names—including but not limited to top-level domains, sub-domains, and specific page URLs—that incorporate or are similar to Commmerce's trademarks or any other third-party trademarks, including those belonging to Commmerce. This includes any terms, phrases, or variations that could create confusion or mislead individuals into associating your brand or offerings with Commmerce. Engaging in such actions may not only infringe upon Commmerce's intellectual property rights but can also mislead consumers, which is contrary to our commitment to fair competition and ethical business practices. You acknowledge that such misuse can result in significant harm to our brand, reputation, and customer trust. Therefore, you agree that any violation of this provision may lead to immediate corrective action by Commmerce, including but not limited to the suspension or termination of your account, alongside any legal remedies available to us for protecting our trademarks and intellectual property.

As a merchant using Commmerce’s platform, you are responsible for sending SMS communications to your customers, which must conform strictly to the regulations set forth by the Telecom Regulatory Authority of India (TRAI). Only SMS messages that TRAI has approved are permissible for dispatch to customers, ensuring compliance with legal standards for promotional and transactional messaging. You have the ability to choose from a selection of pre-approved SMS templates that Commmerce provides for various purposes, including order confirmations, delivery notifications, and customer updates. However, it is important to note that you are not permitted to create custom personal or marketing SMS templates outside of the options provided by Commmerce, as this helps maintain compliance and consistency across our platform.

Furthermore, while Commmerce offers a limited number of free SMS communications to merchants, any usage beyond this allowance will incur charges as specified in your pricing plan. It is your responsibility to monitor your SMS usage and be aware of any applicable fees, ensuring that your communication practices are both effective and in accordance with all relevant regulations. By utilizing Commmerce's SMS feature, you acknowledge and accept these terms regarding your responsibility for SMS communications to your customers.

As a merchant utilizing Commmerce’s platform, you have the ability to send emails to your customers using customized email templates provided by Commmerce. While you can tailor these templates to fit your branding and messaging needs, please be aware that this customization is subject to certain limitations to ensure compliance and maintain the integrity of the platform. Each Commmerce merchant bears full responsibility for all content generated through their respective Stores, including the emails sent via our Email Services. It is imperative that you familiarize yourself with and adhere to all relevant laws and regulations concerning your use of Email Services and the content you generate or distribute. This includes, but is not limited to, compliance with anti-spam legislation and privacy laws applicable to your jurisdiction. Moreover, your use of the Email Services must align with Commmerce’s Privacy Policy, ensuring that you handle customer information responsibly and ethically. While crafting your communications, you should make commercially reasonable efforts to avoid sending sensitive personal data that may violate privacy standards or regulations. By using the Email Services, you acknowledge and accept these responsibilities, understanding that any failure to comply with legal requirements may result in penalties or account suspension.

When a customer subscribes to your newsletter, a default template is automatically included in the email templates available to you as a merchant. Additionally, you have the option to create a customized newsletter that will be sent to subscribers upon their registration. While you can personalize these newsletters to align with your brand and message, it is essential to note that such customization is limited in scope and must adhere strictly to Commmerce’s policies to ensure compliance with all relevant guidelines and best practices. Subscribers have the right to opt-out of receiving these emails at any time, and you must ensure that an easy and clear unsubscribe option is included in every email sent, in accordance with anti-spam regulations. Furthermore, while Commmerce offers a specific number of free emails as part of your subscription, any email communications sent beyond this allowance may incur additional charges, as detailed in your pricing plan. By utilizing the email newsletter feature, you acknowledge your responsibility to manage your communications effectively while complying with all applicable regulations and Commmerce’s policies regarding email usage.

As a merchant on Commmerce, you have the option to customize the appearance of your Store by selecting a design template from Commmerce’s Theme Store (hereinafter to be referred to as “theme”). It is important to understand that changing your website’s theme carries certain risks, particularly the potential for data loss. Specifically, when you switch themes, there is a possibility that your images and content may be deleted, requiring you to re-upload them, which Commmerce will not be able to assist you with. With this understanding, you should proceed with the theme change only if you fully acknowledge these risks and are comfortable with the implications. Once you initiate the process and click "proceed," your Store’s theme will be updated within 60 minutes, during which time your website will be temporarily unavailable. Therefore, we strongly advise scheduling any theme changes during periods when your business is least likely to be impacted. Additionally, please be aware that Commmerce may periodically modify themes to implement technical updates and improvements, which may include necessary adjustments to maintain compatibility with our Services. By proceeding with customization, you accept these conditions and the associated risks of changing your Store’s theme.

Commmerce is committed to safeguarding your privacy and ensuring that your personal information is handled with the utmost care and transparency. Our Privacy Policy forms an integral part of these Terms and Conditions and outlines how we collect, use, disclose, and store your information when you use our Services. We may gather personal information, such as your name, email address, phone number, and payment details, alongside non-personal data related to your interactions with our platform. This information is essential for providing you with a seamless experience, processing transactions, improving our Services, and communicating important updates. We implement stringent security measures to protect your data from unauthorized access, loss, or misuse, and we are dedicated to ensuring that our practices comply with applicable laws and regulations surrounding data protection and privacy. Furthermore, our Privacy Policy details your rights concerning your personal information, including your ability to access, modify, or request the deletion of such data. Additionally, we may use cookies and similar technologies to enhance your experience on our site and track user behavior. By using Commmerce's Services, you acknowledge that you have reviewed our Privacy Policy and consent to the collection and use of your information as described therein. We encourage you to periodically review the Privacy Policy for any updates or changes, as we strive to maintain transparency and keep you informed about how we manage your data.

At Commmerce, we place a high priority on the protection of your data and are dedicated to implementing robust measures to ensure its security and confidentiality. We recognize that the personal and business information you provide is sensitive, and we are committed to adhering to applicable data protection laws, including the provisions outlined in the Indian Information Technology Act and the Rules applicable to the processing of personal data. Our data protection framework includes the use of advanced encryption technologies, secure servers, and regular security audits to prevent unauthorized access, loss, or misuse of your information. We limit access to your data to authorized personnel who have undergone training in data protection practices, ensuring they handle information responsibly and in full compliance with our policies.

Additionally, we strive to maintain transparency regarding the data we collect and how it is used, providing you with the ability to access, correct, and request the deletion of your personal data as per your rights under applicable laws. We continuously review and enhance our data protection protocols to address emerging threats and evolving regulatory requirements. By utilizing Commmerce’s Services, you consent to our practices concerning data protection in accordance with Indian laws, and you acknowledge your responsibility to protect the data of your customers as well, ensuring compliance with all relevant legal obligations.