Terms & Conditions

These Terms & Conditions ("Terms") form a binding agreement between ThoughtfulAI Studios Private Limited, a company incorporated in India and having its registered office at #100-FF, 16/3, Sitharam Mandir Road, Cubbonpet, Bangalore City, Bangalore North, Bangalore — 560002, Karnataka ("StoreCrew", "we", "us", or "our"), and the merchant or business that registers for, accesses, or uses the StoreCrew platform ("Customer", "Merchant", "you", or "your").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. The Services

StoreCrew provides a hosted e-commerce platform together with related design, development, marketing, and support services. The Services may include, without limitation: building and hosting an online storefront on your behalf, product catalogue management, order management, checkout and payment integration, customer-facing notifications over email/SMS/WhatsApp, marketing assistance, and operational support. The specific features available to you depend on the plan you select.

2. Eligibility and account

You may use the Services only if:

• You are at least 18 years old and competent to contract under the Indian Contract Act, 1872;
• You are an Indian business, sole proprietor, or other lawful entity authorised to sell goods or services in India;
• If you are accepting these Terms on behalf of an entity, you have the authority to bind that entity.

You are responsible for the accuracy of the information you provide at sign-up, for keeping your credentials confidential, and for all activity under your account. You must notify us immediately at storecrew@thoughtfulstudios.ai if you suspect unauthorised access.

3. Subscription and fees

The Services are offered on a paid subscription basis. By subscribing, you agree to:

• Pay the fees applicable to your selected plan, plus any applicable taxes (including GST), as published on our website or quoted to you in writing.
• Have payments processed through our payment processor (currently Razorpay; we may add or change processors with notice). You authorise the processor to charge your nominated payment method.
• Keep your billing information accurate and up to date.

3.1 Auto-renewal

Subscriptions may be configured for either automatic renewal or manual renewal at your option. Where auto-renewal is enabled, your subscription will renew at the end of each billing cycle for an equivalent period at the then-current rate, and your nominated payment method will be charged automatically. You can disable auto-renewal at any time from your account or by writing to us at least 24 hours before the next billing date.

3.2 Price changes

We may change subscription pricing from time to time. We will give at least 30 days' prior notice of any price increase, and changes will take effect at the start of your next billing cycle. Your continued use after a price change becomes effective constitutes acceptance.

3.3 Late or failed payments

If a payment fails or remains unpaid past its due date, we may suspend or limit access to the Services until the outstanding amount is paid. We may charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower).

4. Cancellation and refund policy

You may cancel your subscription at any time from your account settings or by writing to storecrew@thoughtfulstudios.ai. Cancellation will take effect at the end of your current billing cycle.

4.1 Refunds

Subscription fees are generally non-refundable once the billing cycle has begun. However, we will consider refund requests on the following bases:

• Cooling-off refund — If you cancel within 7 days of your first paid subscription and you have not made material use of the Services (for example, your store has not been launched and no orders have been processed), you may request a full refund of fees paid for the current billing cycle.
• Service-failure refund — If we are materially unable to provide the Services for an extended continuous period due to a fault solely attributable to us, and we are unable to remedy it within a reasonable time after you notify us, we may issue a pro-rata refund or service credit for the unused portion of the affected billing cycle.
• Duplicate or erroneous charges — will be refunded in full once verified.

To request a refund, email storecrew@thoughtfulstudios.ai with your account details and a description of the issue. Approved refunds are processed back to the original payment method via our payment processor and typically reach you within 7 to 14 business days, subject to the processor's and your bank's timelines.

4.2 No refunds for

• Fees relating to billing cycles that have already substantially elapsed or where the Services have been materially used;
• Suspension or termination of your account due to your breach of these Terms (including the Acceptable Use clause);
• Custom development, design, or one-time setup work that has already been delivered;
• Charges levied by third parties (such as payment-gateway fees, domain registrars, or messaging providers) that have already been incurred and remitted by us on your behalf.

5. Merchant content and licence

You retain all rights, title, and interest in the content you upload, create, or otherwise make available through the Services, including products, descriptions, images, brand marks, customer lists, and other materials ("Merchant Content"). You are solely responsible for the legality and accuracy of Merchant Content.

You grant StoreCrew a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, transmit, and adapt Merchant Content solely as necessary to provide and improve the Services, to operate your store, to comply with law, and to enforce these Terms. This licence terminates when the relevant Merchant Content is deleted from your account or when these Terms are terminated, except to the extent required by law or for backup or audit purposes for a limited period.

6. Our intellectual property

The StoreCrew platform, software, code, design, name, logos, and all related intellectual property are owned by ThoughtfulAI Studios Pvt Ltd and our licensors. Nothing in these Terms transfers ownership of our intellectual property to you. You may not copy, reverse engineer, decompile, modify, resell, or create derivative works of the Services except as expressly permitted by law or by us in writing.

7. Acceptable use and prohibited goods

You agree to use the Services only for lawful purposes and in compliance with all applicable Indian laws, including the Information Technology Act, 2000, the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Bharatiya Nyaya Sanhita, 2023, and applicable state laws.

You must not sell, list, distribute, or facilitate the sale or distribution of any of the following through a StoreCrew-hosted store:

• Counterfeit, fake, replica, duplicate, or unauthorised reproductions of any branded or trademarked product, and any goods that infringe a third party's copyright, trademark, patent, design, or other intellectual property rights;
• Narcotic drugs and psychotropic substances, controlled substances, drug paraphernalia, and any item prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985;
• Arms, ammunition, firearms, imitation firearms, explosives, and military or paramilitary equipment, and any item restricted under the Arms Act, 1959 or the Explosives Act, 1884;
• Alcoholic beverages and intoxicants, except where the merchant holds all required state and central licences;
• Tobacco products, cigarettes, and electronic cigarettes — e-cigarettes are prohibited under the Prohibition of Electronic Cigarettes Act, 2019; other tobacco products are restricted under COTPA, 2003;
• Prescription drugs and Schedule H, H1, and X drugs, and any pharmaceutical or medical device sold without authorisation under the Drugs and Cosmetics Act, 1940 or in violation of CDSCO requirements;
• Wildlife products, ivory, animal trophies, and parts of protected species, in violation of the Wildlife (Protection) Act, 1972;
• Antiquities, art treasures, and protected cultural property, in violation of the Antiquities and Art Treasures Act, 1972;
• Human organs, tissues, blood, and reproductive material, in violation of the Transplantation of Human Organs and Tissues Act, 1994;
• Currency, fake currency, counterfeit notes, and unauthorised financial instruments;
• Lottery tickets, gambling and betting services, and prize-chit, money-circulation, multi-level-marketing, and pyramid schemes, in violation of the Public Gambling Act, 1867 and the Prize Chits and Money Circulation Schemes (Banning) Act, 1978;
• Securities, investment products, and financial services offered without registration or authorisation from SEBI, RBI, IRDAI, or other applicable regulators;
• Pornographic, obscene, sexually explicit, child sexual abuse material, or otherwise indecent content or services, in violation of the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023;
• Hate speech, content promoting violence, terrorism, separatism, or communal disharmony, or content prohibited under Indian law;
• Stolen, illegally obtained, or smuggled goods;
• Hacking tools, malware, surveillance software, devices designed for circumvention of access controls, or any product whose primary purpose is to enable unauthorised access to systems or data;
• Pesticides, insecticides, hazardous chemicals, and biohazardous materials sold without registration or in violation of the Insecticides Act, 1968 or other applicable law;
• Food, supplements, cosmetics, infant nutrition, and packaged products sold in violation of the Food Safety and Standards Act, 2006 (FSSAI) or applicable BIS standards;
• Live animals, birds, fish, and pets, except where the merchant holds applicable permits and complies with the Prevention of Cruelty to Animals Act, 1960;
• Fireworks, pyrotechnics, and explosives for civilian use, except where the merchant holds the required licences;
• Crypto-assets, virtual digital assets, NFTs, and related products, except where the merchant complies with all applicable Indian regulations;
• Government-issued identification cards, uniforms, badges, or insignia of any government, police, or armed force;
• Goods or services that violate consumer-protection laws, including misleading or deceptive listings, false country-of-origin claims, and dark patterns;
• Any other product, service, or content that is prohibited, restricted, or requires licensing under Indian law where the merchant does not hold the required authorisation.

You also must not:

• List the same product as multiple SKUs to manipulate ranking, search, or reviews, or use fake or duplicate product listings;
• Post false, misleading, or fraudulent information about products, prices, availability, country of origin, or seller details;
• Manipulate reviews, ratings, or testimonials, including by paying for positive reviews or posting fake reviews;
• Use the Services to send unsolicited bulk communications, spam, or messages that violate the Telecom Commercial Communications Customer Preference Regulations or anti-spam laws;
• Probe, scan, attack, disrupt, overload, or interfere with the Services, our infrastructure, or other users;
• Attempt to gain unauthorised access to any part of the Services, accounts, or systems;
• Use the Services to violate any third party's rights, including privacy, publicity, or intellectual property rights;
• Use the Services in connection with money laundering, terrorist financing, sanctions evasion, or other illegal financial activity.

We may, at our discretion, take down listings, suspend or terminate accounts, retain payments pending investigation, and report to law-enforcement authorities where we have reason to believe these provisions have been violated.

8. Merchant obligations and warranties

You represent, warrant, and covenant that:

• You will comply with all laws, regulations, and licensing requirements applicable to your business, including GST registration and reporting where required;
• Your products, listings, and Merchant Content are accurate, lawful, and not misleading, and you have all rights necessary to sell and advertise them;
• You will fulfil orders, deliver products, and handle returns, refunds, and customer support for end-customers in accordance with applicable consumer-protection laws and your published policies;
• You will publish on your storefront a contact address, customer-care details, return/refund policy, and shipping policy as required by the Consumer Protection (E-Commerce) Rules, 2020;
• You will not use the Services in any way that could damage, disable, overburden, or impair our systems or other users' use of the Services.

9. Data protection

Our collection and processing of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. With respect to personal data of your end-customers processed through the Services, you act as the Data Fiduciary and StoreCrew acts as a Data Processor processing such data on your behalf and instructions. You are responsible for providing notice to your end-customers, obtaining required consents, and responding to data principal rights requests.

10. Third-party services

The Services rely on third-party providers, including payment processors, hosting providers, messaging providers, and analytics tools. Your use of those services through the platform may be subject to their own terms. We are not responsible for the acts, omissions, or terms of third-party providers, except to the extent set out in our agreements with them. Where you connect external services to your StoreCrew account (for example, your own marketing tools), you are responsible for compliance with the third party's terms.

11. Service availability

We provide the Services on a best-effort basis. We do not commit to a specific uptime SLA. From time to time, the Services may be unavailable due to scheduled maintenance, third-party outages, or events outside our reasonable control. We will use commercially reasonable efforts to minimise disruption and to give advance notice of scheduled maintenance where practicable.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Services will be uninterrupted, secure, or error-free. No advice or information obtained from us creates any warranty not expressly stated in these Terms.

13. Limitation of liability

To the maximum extent permitted by law:

• In no event will StoreCrew, its directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, or business interruption, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to these Terms or the Services, whether in contract, tort, statute, or otherwise, will not exceed the total subscription fees actually paid by you to StoreCrew during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or wilful misconduct.

14. Indemnification

You agree to defend, indemnify, and hold harmless StoreCrew and its directors, employees, and affiliates from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your Merchant Content or your products; (iii) your violation of any law or third-party right (including intellectual property, privacy, or consumer rights); (iv) any dispute between you and an end-customer; or (v) your misuse of the Services.

15. Term, suspension, and termination

These Terms apply from the date you first access the Services and continue until terminated.

• Termination by you: You may cancel your subscription at any time as described in Section 4.
• Suspension or termination by us: We may suspend, limit, or terminate your access to the Services with or without notice if (a) you breach these Terms, (b) you fail to pay fees when due, (c) we are required to do so by law or by a competent authority, or (d) we have reasonable grounds to believe your use of the Services is unlawful, fraudulent, or harmful to others.

Upon termination, your right to use the Services ceases immediately. We will make Merchant Content reasonably available for export for a limited period (typically up to 30 days) after termination, after which it may be deleted in accordance with our retention practices. Sections that by their nature should survive termination (including IP, indemnity, limitation of liability, governing law, and dispute resolution) will survive.

16. Force majeure

Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbance, government action, internet or telecommunications failures, and outages of upstream providers.

17. Changes to these Terms

We may revise these Terms from time to time. Material changes will be communicated to you by email or by prominent notice on our website at least 15 days before they take effect, except where a shorter notice period is required by law or for security reasons. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and may cancel your subscription as described above.

18. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject to the next paragraph, the courts at Bengaluru, Karnataka shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms or the Services.

Before initiating any legal proceeding, the parties will attempt in good faith to resolve the dispute by written notice and discussion for a period of at least 30 days. Disputes that cannot be resolved through good-faith discussion may, at either party's option, be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, Karnataka, and the language of arbitration shall be English.

19. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms or order forms, constitute the entire agreement between you and StoreCrew with respect to the Services and supersede all prior or contemporaneous understandings.
• Severability. If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
• Notices. Notices to you may be given by email to the address associated with your account or by posting on our website. Notices to us must be sent to the email and address in Section 20.

20. Contact