Introduction

These Terms of Service constitute a legally binding agreement between Accordex Private Ltd. (operating as "Softmerce") and you regarding your use of the Softmerce business management platform. By accessing Softmerce, you agree to these Terms. If you do not agree, do not use our Services.

1. Acceptance of Terms

By creating an account or using Softmerce, you acknowledge that you have read these Terms, agree to be legally bound, and represent that you have authority to enter this Agreement.

2. Service Description

Softmerce is a comprehensive SaaS platform providing integrated business management solutions including CRM, accounting, HRMS, e-commerce, project management, analytics, and third-party integrations. We reserve the right to modify, add, or discontinue features at our discretion.

3. Account Registration

Eligibility: You must be at least 18 years old, have legal capacity to enter contracts, and provide accurate information representing a legitimate business.

Account Security: You are responsible for maintaining password confidentiality and all account activities. Enable two-factor authentication when available. Notify us immediately of unauthorized access at contact@softmerce.com. We are not liable for losses from unauthorized access due to your negligence.

4. Billing and Subscriptions

Plans: We offer Free, Paid, and Custom Enterprise plans. Pricing available at www.softmerce.com/pricing.

Billing: Monthly and annual subscriptions auto-renew unless canceled before renewal. We accept credit cards, net banking, UPI, and bank transfers through PCI-DSS compliant gateways.

Taxes: All fees are exclusive of GST, VAT, and applicable taxes, which will be added to your invoice.

Price Changes: We provide 30 days' advance notice. Changes apply at your next renewal.

Failed Payments: Grace period of 7 days to update payment information. Services may suspend after grace period.

5. Refunds and Cancellation

Free Trial: No charges; cancel anytime without penalty.

Monthly Plans: No refunds for partial months. Cancel anytime; service continues until billing cycle end.

Annual Plans: Refunds considered case-by-case within 30 days of purchase based on usage and reason. After 30 days, non-refundable.

Process: Email contact@softmerce.com with order details. Approved refunds processed within 14 business days.

No Refunds: Account terminations for Terms violations receive no refunds.

6. Acceptable Use

License: Limited, non-exclusive, non-transferable license to access and use Softmerce services.

Prohibited Activities: You may not:

• • Engage in illegal activities or fraud
• • Upload malware, viruses, or malicious content
• • Hack, breach, or probe system vulnerabilities
• • Infringe intellectual property rights
• • Create duplicate accounts or scrape data
• • Resell services without authorization
• • Engage in deceptive practices

7. Your Data and Content

Ownership: You retain all rights to data you upload or create.

Softmerce License: You grant us limited license to store, process, and display your content for service delivery and backups.

Data Protection: You are responsible for accuracy and legality of your content. Softmerce does not automatically backup your data. You must maintain your own backups.

Data Deletion: Upon account termination, data is deleted after 30-day grace period. Backup archives deleted within 90 days.

Prohibited Content: No illegal, copyrighted, malicious, or unlawfully obtained content.

8. Intellectual Property

All Softmerce software, code, design, logos, and trademarks are owned by Accordex Private Ltd. and protected by copyright, trademark, and trade secret laws.

Restrictions: You may not copy, modify, reverse engineer, distribute, or use our trademarks without permission.

Feedback: Any feedback or suggestions provided may be used by us without obligation or compensation.

DMCA: Report copyright infringement to contact@softmerce.com with detailed description, infringing content location, and good faith statement.

9. Third-party Services

Softmerce integrates with third-party services (payment gateways, shipping, communication, etc.). You must comply with third-party terms. We are not responsible for third-party services, changes, or disputes. Data shared with third parties is subject to their privacy policies.

10. Resale Restrictions

Prohibited: You may not resell, sublicense, or rebrand Softmerce services without written authorization.

Partnerships: Contact contact@softmerce.com for partnership opportunities. Formal agreement required.

11. Service Availability

Uptime Goal: We strive for 99.9% uptime but do not guarantee uninterrupted service.

No SLA: Unless you have a separate Enterprise agreement, no guaranteed uptime or compensation for downtime.

Maintenance: Scheduled maintenance performed when possible with advance notice. Emergency maintenance may occur without notice.

Not Liable For: Technical failures, third-party outages, cyber attacks, force majeure, or infrastructure issues.

12. Service Modifications

We reserve the right to add, modify, or remove features. Major changes receive 30 days' notice. Beta features are provided "as is" without warranties.

13. Account Termination

By You: Cancel through account settings or by contacting contact@softmerce.com. Access ends at billing cycle end. 30-day data export window provided.

By Us: We may suspend or terminate immediately for Terms violations, illegal activities, fraud, non-payment, security threats, or abusive conduct.

Effects: Immediate loss of access, subscription cancellation, data deletion after 30 days, and outstanding fees remain due.

14. Warranties and Disclaimers

AS IS: SOFTMERCE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, OR ACCURACY.

No Guarantees: We do not guarantee specific business results, revenue, compatibility, bug-free operation, or permanent feature availability.

Use at Your Own Risk: Services may contain errors, data loss is possible, and 100% security cannot be guaranteed.

15. Limitation of Liability

Maximum Liability: Our total liability shall not exceed the amount you paid in the 12 months preceding your claim.

Excluded Damages: We are not liable for indirect, incidental, consequential damages, lost profits, lost data, business interruption, or reputational harm.

Force Majeure: Not liable for delays/failures from natural disasters, war, terrorism, government actions, pandemics, or circumstances beyond reasonable control.

16. Indemnification

You agree to indemnify and hold harmless Softmerce, Accordex Private Ltd., and our officers, employees, and agents from claims arising from your use of services, Terms violations, law violations, third-party rights violations, or your content.

You must promptly notify us of claims. We may assume exclusive defense and control settlement.

17. Dispute Resolution

Governing Law: Laws of India, excluding conflict of law principles.

Jurisdiction: Exclusive jurisdiction of courts in Bangalore, Karnataka, India.

Informal Resolution: Contact contact@softmerce.com 30 days before filing any claim.

Arbitration: Parties may mutually agree to binding arbitration under Indian Arbitration and Conciliation Act, 1996, in Bangalore, English language.

Class Action Waiver: Disputes resolved individually; no class actions permitted.

Time Limitation: Claims must be filed within one year of the event or be permanently barred.

18. General Provisions

Entire Agreement: These Terms and Privacy Policy constitute the entire agreement.

Severability: Invalid provisions replaced with valid ones achieving similar intent.

Assignment: You may not assign without our written consent. We may assign without restriction.

No Agency: No partnership, employment, agency, or fiduciary relationship created.

Notices: Contact: contact@softmerce.com. Notices effective upon email sending.

Export Compliance: You must comply with all export and import laws.

19. Updates to Terms

We may update Terms to reflect service changes, legal requirements, or business needs. "Last Updated" date changes with updates. Material changes receive 30 days' notice. Continued use constitutes acceptance. If you disagree, stop using services or cancel your account.

Contact information

Accordex Private Ltd. (Softmerce)

Email: contact@softmerce.com

Website: www.softmerce.com

Address: 322, Avenue 26, Prestige Augusta Golf Village, Anagalapura, Bangalore, KA 560077

Phone: +91 9486961040

21. Acknowledgment

By using Softmerce, you acknowledge that you have read these Terms, agree to be legally bound, have authority to enter this Agreement, are at least 18 years old, and will comply with all Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE SOFTMERCE.