Terms of Service

Website Terms & Conditions – Privacy Policy – Cookie Policy – Service Level Agreement – Billing Agreement – Security Policy – Data & Marketing Policy – Everything At One Place !

AAAeCommerce.com is owned & operated by AAAeCommerce Inc., a Delaware corporation. Throughout the site, the terms “AAAeCommerce”, “AAAeCommerce” “we”, “us” and “our” as well as any and all affiliates thereof, including but not limited to, GoWebBaby LLC USA, GWB IT Solution Pvt LTD, Intelli Ai Trillion Technologies Pvt Ltd (AAAeCommerce.com), and AAAwebstore, shall each individually and collectively be referred to as “AAAeCommerce Inc.”. Additionally, throughout this site, the terms AAAeCommerce.com, AAAeCommerce.com App as well as all other technologies whatsoever, products, applications, information, tolls and/or services related thereto shall be referred to each as a “Service” and together as the “Services”.

AAAeCommerce Inc offers its Services to you, the user, conditioned upon your unconditional acceptance of all terms, conditions, policies and notices stated here. As part of our mission to help make commerce better for everyone, Aaaecommerce Inc. collects and processes a lot of information. This document is intended to help you better understand our software terms of use, how we collect, use and store your personal information. This document is applicable whether you are a merchant or an end-user that uses Aaaecommerce’s Services, a customer that shops or visits  an on-line store using our Services , a customer that has opted into a store installed app program that uses our Services, a participant in Aaaecommerce’s “Partners” program, or whether you’re simply visiting this website. By using any of Aaaecommerce’s Services  or by dealing with a merchant using Aaaecommerce’s Services or App, you are agreeing to the terms of this document that includes a Privacy Policy and, as applicable, the Aaaecommerce Terms of Service.

We may update this document which includes the terms & conditions, Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or  related Services after these changes are posted, you unconditionally agree to the revised policy or policies as published.

By visiting our site and/ or purchasing something from us including subscription both free & paid, you engage in our “Service” and agree to be bound by the following terms and conditions hereinafter referred to as the “Agreement” and/or the “Terms of Service” and/or the “Terms”, including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content and any and all affiliates, partners, and collaborators of any of the aforementioned.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept and abide by the Terms of Service  on behalf of your company, and all references to “you” or “Customer” reference your company.

This Terms of Service permits Customer to purchase subscriptions to online software-as-a-service products and other services from AAAeCommerce and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern all of Customer’s initial purchases as well as any future purchases from AAAeCommerce.

From time to time, AAAeCommerce may modify this Agreement. Unless otherwise specified by AAAeCommerce, changes become effective for Customer upon renewal of Customer’s current Subscription Term or as soon as AAAeCommerce notifies the Customer. AAAeCommerce will use reasonable efforts to notify Customer of the changes through communications via Customer’s account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version. If AAAeCommerce specifies that changes to the Agreement will take effect prior to Customer’s next renewal or order (for example, but not limited to, purposes of  legal compliance or product change reasons) and Customer objects to such changes, Customer may terminate the applicable Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the applicable Services for the terminated portion of the Subscription Term.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.

The right to use the AAAeCommerce Services includes the right to deploy AAAeCommerce Code on Customer Properties in order to enable AAAeCommerce Platform functionalities and to collect Customer Data for use with the AAAeCommerce Services and other product enhancements.

AAAeCommerce provides AAAeCommerce Apps for use with the Services, subject to all of the terms and conditions of this Agreement. AAAeCommerce grants to Customer a limited, non-transferable or-sub-licensable, non-exclusive license during any applicable Subscription Term to use the AAAeCommerce Apps internally.

Subject to all of the terms and conditions of this Agreement, Customer must implement AAAeCommerce Code on the Customer Properties in order to enable features of the Services. Customer will implement all AAAeCommerce Code in strict accordance with the documentation and other instructions provided by AAAeCommerce as a condition of use of the Services. Customer acknowledges that any changes made to the Customer Properties by Customer after initial implementation of AAAeCommerce Code that are not in accordance with the instructions of AAAeCommerce may cause the Services to cease working or function improperly and that AAAeCommerce shall have no responsibility for the impact of any such Customer changes.

Customer may permit its Contractors and its Affiliates’ employees and Contractors to serve as “permitted users”, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of this Agreement, and any use of the Services by such individuals is for the sole benefit of Customer.

Customer will not (and will not permit any third party to): provide access to or sublicense the Services to a third party; reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to AAAeCommerce); copy or modify the Services, remove or obscure any proprietary or other notices contained in the Services including without limitation the “Powered by AAAeCommerce” “Ai” designation that may appear as part of the deployment of the Services on Customer Properties or publicly disseminate information regarding the performance of the Services.

If AAAeCommerce makes access to any APIs available as part of the Services, AAAeCommerce reserves the right to place limits on access to such APIs (e.g., limits on numbers of calls or requests). Further, AAAeCommerce may monitor Customer’s usage of such APIs and limit the number of calls or requests Customer may make if AAAeCommerce believes that Customer’s usage is in breach of this Agreement or may negatively affect the Services (or otherwise impose liability on AAAeCommerce).

If Customer receives free access or a trial or evaluation subscription to the Service, then Customer may use the Services in accordance with the terms and conditions of this Agreement for a period of fourteen (14) days or such other period granted by AAAeCommerce. AAAeCommerce has the right to terminate a Trial Subscription at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AAAECOMMERCE WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO TRIAL SUBSCRIPTIONS WHATSOEVER.

Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to AAAeCommerce. Subject to the terms of this Agreement, Customer hereby grants to AAAeCommerce a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data.

AAAeCommerce does not provide an archiving service. AAAeCommerce agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer’s applicable Subscription Term. AAAeCommerce will have no responsibility to Customer whatsoever in the event that any information has been accidentally deleted. AAAeCommerce expressly disclaims all other obligations with respect to storage.

Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to AAAeCommerce that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in this Agreement (including granting AAAeCommerce the rights in Section 3.1 (Rights in Customer Data)) and that no Customer Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreements governing the Customer Properties or Customer’s accounts with any Third-Party Platforms. Customer will be fully responsible for any Customer Data submitted to the Services by any Person as if it was submitted by Customer.

Customer specifically agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that AAAeCommerce is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services are neither HIPAA nor PCI DSS compliant. AAAeCommerce will have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.

Customer agrees to comply with all applicable Laws in its use of the Services. Without limiting the generality of the foregoing, Customer will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the CAN-SPAM Act of 2003 or any other anti-spam laws and regulations.

Customer acknowledges that the AAAeCommerce Code causes a unique cookie ID to be associated with each Person who accesses the Customer Properties, which cookie ID enables AAAeCommerce to provide the Services. Customer will include on each Customer Property a link to its privacy policy that discloses Customer’s use of third party tracking technology to collect data about People as described in this Agreement. Customer’s privacy policy must disclose how, and for what purposes, the data collected through AAAeCommerce Code will be used or shared with AAAeCommerce as part of the Services. Customer must also provide People with clear and comprehensive information about the storing and accessing of cookies or other information on the Peoples’ devices where such activity occurs in connection with the Services and as required by applicable Laws. For clarity, as between Customer and AAAeCommerce, Customer will be solely responsible for obtaining the necessary clearances, consents and approvals from People under all applicable Laws.

Customer agrees to obtain all necessary clearances, consents and approvals from People in order to use Social Media Data as required under all applicable Laws, including without limitation by disclosing in Customer’s privacy policy information about the collection and use of People’s email addresses.

Customer will indemnify, defend and hold harmless AAAeCommerce from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer of Section.

This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of AAAeCommerce at Customer’s expense. Notwithstanding the foregoing sentence, (a) AAAeCommerce may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and (b) Customer will not settle any claim without AAAeCommerce’s prior written consent, unless the settlement fully and unconditionally releases AAAeCommerce and does not require AAAeCommerce to pay any amount, take any action, or admit any liability.

Notwithstanding anything to the contrary herein, Customer agrees that AAAeCommerce may obtain and aggregate technical and other data about Customer’s use of the Services that is non-personally identifiable with respect to Customer and AAAeCommerce may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other AAAeCommerce customers.

AAAeCommerce agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer Data. However, AAAeCommerce will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond AAAeCommerce’s control.

The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, Customer may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes AAAeCommerce to access Customer’s accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that AAAeCommerce has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform; Customer further agrees to indemnify and hold AAAeCommerce Inc. from any and all actions whatsoever brought against it by a Third-Party Platform resulting from Customer’s use. AAAeCommerce does not guarantee that the Services will maintain integrations with any Third-Party Platform and AAAeCommerce may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer. For clarity, this Agreement governs Customer’s use of and access to the Services, even if accessed through an integration with a Third-Party Platform.

This is a subscription agreement for access to and use of the Services. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Agreement no ownership rights are being conveyed to Customer under this Agreement. Customer agrees that AAAeCommerce or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services and all output generated by the Services, documentation, professional services deliverables and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (collectively, “AAAeCommerce Technology“). No rights in any AAAeCommerce Technology are granted to Customer whatsoever. Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any of the Services. Customer, from time to time, may submit Feedback to AAAeCommerce. AAAeCommerce may freely use or exploit Feedback in connection with any of its products or services.
Unless otherwise specified, each Subscription Term will automatically renew for additional twelve month periods unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.

All fees are as set forth will be paid by Customer within thirty (30) days of invoice, unless Customer is paying via Credit Card, all fees are non-refundable. The rates are valid for the each Subscription Term and thereafter may be subject to an automatic adjustment increase. Customer is responsible for paying all taxes, and all taxes are excluded from any fees. If Customer is required by law to withhold any taxes from Customer’s payment, the fees payable by Customer will be increased as necessary so that after making any required withholdings, AAAeCommerce receives and retains (free from any liability for payment of taxes) an amount equal to the amount it would have received had no such withholdings been made. Any late payments will be subject to a service charge equal to 2.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
If you are purchasing the Services via credit card, debit card or other payment card (collectively, “Credit Card”), the following terms apply:

By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes AAAeCommerce (or its designee) to automatically charge Customer’s Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date. Customer acknowledges and agrees that the amount billed and charged each month may vary depending on Customer’s use of the Services and may include subscription fees for the remainder of Customer’s applicable billing period and overage fees for the prior month.

1. Customer acknowledges that for certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges.
2. If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to AAAeCommerce and AAAeCommerce may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement.
3. At any time, Customer may change its Credit Card information by entering updated Credit Card information via the “Settings” page on the Dashboard.
4. In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending AAAeCommerce notice of non-renewal to md@AAAeCommerce.com
5. Upon any termination or expiration of the Subscription Term, AAAeCommerce will charge Customer’s Credit Card (or invoice Customer directly) for any outstanding fees for Customer’s use of the Services during the Subscription Term, after which AAAeCommerce will not charge Customer’s Credit Card for any additional fees.

If Customer’s account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), AAAeCommerce reserves the right to suspend Customer’s access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full. AAAeCommerce also reserves the right to suspend Customer’s access to the Services without liability to Customer. Customer acknowledges it has the affirmative obligation to notify any of third-party of AAAeCommerce’s rights in the event of overdue payments owed to AAAeCommerce.

This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.

AAAeCommerce Inc. may terminate  this Agreement if tCustomer (a) fails to cure any material breach of this Agreement within ten (10) days after written notice for non-monetary events and thirty (30) days for monetary events; (b) ceases operation without a successor; (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter) or (d) violates any of the terms of this Agreement that in the opinion of AAAeCommerce Inc. is material or harmful to AAAeCommerce Inc. in its sole and absolute discretion.

Upon any expiration or termination of this Agreement, Customer will immediately cease any and all use of and access to all Services (including any and all related AAAeCommerce Technology) and delete (or, at AAAeCommerce’s request, return) any and all copies of the Documentation, any AAAeCommerce passwords or access codes and any other AAAeCommerce Confidential Information in its possession. Provided this Agreement was not terminated for Customer’s breach, Customer may retain and use internally copies of all reports exported from any Service prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into any Service, and that AAAeCommerce may delete any such data as may have been stored by AAAeCommerce at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

AAAeCommerce warrants, for Customer’s benefit only, that each Service will operate in substantial conformity with the applicable documentation. AAAeCommerce’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for AAAeCommerce to use commercially reasonable efforts to correct the reported non-conformity, or if AAAeCommerce determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. The limited warranty will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided on a no-charge, trial or evaluation basis.

ALL SERVICES ARE PROVIDED “AS IS”. NEITHER AAAECOMMERCE NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AAAECOMMERCE DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES AAAECOMMERCE WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS OR CORRUPTION. AAAECOMMERCE SHALL NOT BE LIABLE FOR THE RESULTS OF ANY COMMUNICATIONS SENT OR ANY COMMUNICATIONS THAT WERE FAILED TO BE SENT USING THE SERVICES. AAAECOMMERCE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, THIRD-PARTY PLATFORMS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AAAECOMMERCE. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

AAAeCommerce’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO AAAeCommerce DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT.

Customer also agrees to participate in other reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer’s name and logo on AAAeCommerce’s web site and in AAAeCommerce promotional materials. Customer agrees that AAAeCommerce may disclose Customer as a customer of AAAeCommerce.

This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities.

If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, (“Dispute“), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Initial Notice of Dispute,” specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute“). If an Initial Notice of Dispute is being sent to AAAeCommerce it must be emailed to legal@AAAeCommerce.com and sent via mail to:

Attn: Legal Department

AAAeCommerce

201-202 Shekhar Central, Palasia Square, Indore, M.P, India – 452001

Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties . If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration.

IN THE EVENT THAT A DISPUTE BETWEEN THE PARTIES CANNOT BE SETTLED THROUGH DIRECT DISPUTE RESOLUTION, AS DESCRIBED ABOVE, THE PARTIES AGREE TO SUBMIT THE DISPUTE TO BINDING ARBITRATION. BY AGREEING TO ARBITRATE, THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.

FOR ANY CLAIM WHICH IS NOT SUBJECT TO THIS DISPUTE RESOLUTION PROVISION, CUSTOMER AGREES TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MP, India. IN ANY DISPUTE, Indian Govt Laws SHALL APPLY.

THIS AGREEMENT MUST BE CONSTRUED AS IF IT WAS JOINTLY WRITTEN BY BOTH PARTIES.

Notwithstanding the above provisions, AAAeCommerce may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Any notice or communication required or permitted under this Agreement will be in writing to the parties at the addresses or at such other address as may be given in writing by either party to the other in accordance with this Section and will be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.

Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

AAAeCommerce may use the services of subcontractors and permit them to exercise the rights granted to AAAeCommerce in order to provide the Services under this Agreement, provided that AAAeCommerce remains responsible for (i) compliance of any such subcontractor with the terms of this Agreement and (ii) for the overall performance of the Services as required under this Agreement.

The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

If you are a merchant, your customers need to understand how you and how AAAeCommerce Inc. collects and processes their personal information. Accordingly, if you use any of AAAeCommerce Inc. Services/Apps, you agree to post an up-to-date and accurate privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their personal information by AAAeCommerce Inc.and other third parties. In addition, if you are collecting any sensitive personal information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive personal information by AAAeCommerce Inc.and other third parties.

What information do we collect from merchants and why?

• We collect your name, company name, address, email address, phone number(s) and all of the store data, for every store which install our app’s & use our services.
  • We use this information to provide you with our Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements.
• We collect data about the all the websites that you visit. We also collect data about how and when you access your account and the Aaaecommerce app as well as Store platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Aaaecommerce & Store interface.
  • We use this information to give you access to and improve our Apps/Services; for example, to make our platform interface easier to use. We also use this information to personalize the Services for you; We also use this data & all your customer data to enhance our product, targeting reports, reports for your store sales, customer sales, customer ranking & generating comparative sales, order, customer reports based on app functionality & for future product development. Finally, we may use this information to provide you with advertising or marketing.
• We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout or using the store with our app installed.
  • We use this information to provide you with our Services and so that you can process orders and better serve your customers.
• Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
• We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information to help us rank your profile.
• We will also use personal information in other cases where you have given us your express permission.

When do we collect this information?

• We collect personal information when you sign up for our Services & install our apps, when you access our Services/apps or otherwise provide us with the information.
• We also partner with third parties who provide us information about merchants or customer of merchants, for example to help us screen out merchants & customers associated with fraud & betterment of our services.

When and why do we share this information with third parties?

• AAAeCommerce Inc.works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts.
• We may also share your information in the following circumstances:
  • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  • to help us conduct marketing and/or advertising campaigns.
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
• Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.

Information from customers

What information do we collect from our merchants’ customers and why?

• We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, information about the merchant stores that you visit, and information about the device and browser you use.
  • We use this information to provide our merchants with the Services, including supporting and processing orders, risk and fraud screening, authentication, and payments. We also use this information to improve our Services.
  • If you opt into our app installation & usage, we store and use this information to pre-fill your checkout information. We additionally use this information to help customize and improve your experience when you visit a merchant store by presenting to you goods and service that are more likely to be of interest to you.
• We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information (for example, ip addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time.

When do we collect this information?

• We collect this information when you use or access a store that uses our Services, such as when you visit a merchant’s site, place an order or sign up for an account on a merchant’s site.
• Additionally, we partner with third parties who provide us information about our merchants’ customers.

When and why do we share this information with third parties?

• AAAeCommerce Inc.works with a variety of third parties and service providers to help provide our merchants with the Services and we may share personal information with them to support these efforts.
• We may also share your information in the following circumstances:
  • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  • If the merchant whose store you visit or access directs us to transfer this information (for example, if they enable a third party app that accesses customer personal information).
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
• Personal information may also be shared with a company that acquires our business or the business of a merchant whose store you visit or access, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.

Information from partners

Partners are individuals or businesses that have agreed to the terms of the AAAeCommerce Inc.to work with AAAeCommerce Inc.to promote the Services by (a) referring clients to AAAeCommerce Inc.; (b)developing Aaaecommerce apps for merchant use; or (c) developing apps using the Aaaecommerce app data & base code & api interface.

What information do we collect from partners and why?

• We collect your name, company name, website, twitter or other social media handles, phone number(s), address, business type, email address.
  • We use this information to work with you, confirm your identity, contact you, and to screen for risk, fraud, or other similar types of issues.
• We collect data about the store/websites that you visit. We also collect data about how and when you access your account and the store platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the store interface.
  • We use this information to give you access to and improve our Services; for example, to make our platform interface easier to use. We also use this information to personalize the Services for you.
• We collect personal information about your customers that you share with us or that they provide to us directly.
  • We use this information to work with you and to provide our Services to your customers.
• We will also use personal information in other cases where you have given us express permission.

When do we collect this information?

• We collect this information when you sign up for an app account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.

When and why do we share this information with third parties?

• AAAeCommerce Inc.works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts.
• We may also share your information in the following circumstances:
  • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  • to help us conduct marketing and/or advertising campaigns.
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
• Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.

Information from store/website visitors and support users

What information do we collect and why?

• As you visit or browse the store/websites installed with, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. We also collect personal information submitted by you via any messaging feature available from any of our websites.
• From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address, chat transcript, and other personal information you provide us during our chat. Pursuant to our Terms of Service, we may request additional documentation from you during our chat to verify your identity.
• From forum users, we collect your name, email address, website URL, and other personal information you may post.

We use this information to verify your account, to provide and enhance our Services (including supporting or servicing your account, if applicable), and answer any questions you may have.

When do we collect this information?

• We collect this information when you visit the Aaaecommerce websites, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.

Information from cookies and similar tracking technologies

What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

Why does Aaaecommerce use cookies and similar tracking technology?

• We use cookies to recognize your device and provide you with a personalized experience on our websites or apps, or otherwise through the Services. We also use cookies as part of the Services. Read more about how we use cookies on our sites and our merchants’ sites in our Cookie Policy.
• We also use cookies to serve targeted ads from Google, Facebook, Bing, SourceKnowledge, and other third-party vendors.
• Our third-party advertising partners use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you targeted ads.
• We may also use web beacons, software development kids, and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
• Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Third-party apps

• Aaaecommerce’s platform & apps allows merchants to connect their stores with third-party applications to alter or provide new functionalities in their store. Unless listed as “Made by Aaaecommerce,” Aaaecommerce is not responsible for and has no control over how these apps function. Merchants control which apps they choose to use with their stores, and are solely responsible for making sure that they do so in compliance with relevant privacy and data protection requirements.

For how long do we retain your personal information?

• In general, we keep your personal information throughout your relationship with us. For merchants, this means we will keep your information as long as you maintain a store on your platform with our apps. For partners, this means we will keep your information until you inform us that you wish to terminate your partner relationship with us. For our merchants’ customers, we process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will store your information in our systems. We will continue to keep the information with us for legitimate purpose with us for example: improving our services as part of the condition to install our app on stores & use our services. If you choose to install our app then you agree with the above and we will delete it all whenever we receive formal written delete request from the merchant store or by individual customer.
• Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes and to comply with the law, except when we receive a valid erasure request.
• We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.

What we don’t do with your personal information?

• We do not and will never sell provide personal information to other companies (other than to specific AAAeCommerce Inc.partners you are interacting with, or to third-party apps or service providers being used by the merchants you are interacting with) for the marketing of their own products or services.

How do we keep your personal information secure?

• We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other personal information entrusted to us. Our information security systems apply to people, processes, and information technology systems on a risk management basis.
• No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

Residents of the European Economic Area (“EEA”)

Aaaecommerce works with merchants and users around the world, including in the EEA. As part of our service, we may transfer your personal information to other regions, including to Canada, the United States & India. In order to ensure that your information is protected when transferred out of the EEA, Aaaecommerce relies on the inter-company agreements between our various affiliates that may process your information on behalf of Aaaecommerce.

If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. If you are a merchant, a partner, a visitor of Aaaecommerce’s websites, or a user of Aaaecommerce’s support services and wish to exercise these rights, please reach out to us using the contact information below. If you are a customer of a merchant who uses Aaaecommerce’s platform and wishes to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above, unless we are required by law to obtain your consent for a particular processing operation. In particular, we process your personal data to pursue the following legitimate interests, either for ourselves, our merchants, our partners, or other third parties (including our merchants’ customers):

• To provide merchants and others with our services and applications;
• To prevent risk and fraud on our platform;
• To provide communications, marketing, and advertising;
• To provide reporting and analytics;
• To help merchants find and integrate with apps through our app store;
• To provide troubleshooting, support services, or to answer questions;
• To test out features or additional services; and
• To improve our services, applications, and websites.

When we process personal information to pursue these legitimate interests, we do so where we believe the nature of the processing, the information being processed, and the technical and organizational measures employed to protect that information can help mitigate the risks to the data subject.

Control over and access to your personal information

Aaaecommerce understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are a merchant or a partner, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit Aaaecommerce’s websites or use our support services, please contact us to make the required changes. If you are a merchant’s customer and wish to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond. It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly. Additionally, if you use Aaaecommerce apps and would like to have your personal information erased, please contact us through our contact us form on the website.

If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Aaaecommerce stores & processes your personal data, please contact Aaaecommerce by email at privacy@Aaaecommerce.com.

We reserve the right to change our Privacy Policy at any time. If we make changes, we will post them and will indicate on this page the policy’s new effective date. If we make material changes to this policy, we will notify you by email or through notice on the Offerings.

Contact Us

If you have questions or need to contact us about this Privacy Policy, please email us at compliance@AAAeCommerce.com.

Support Policy

AAAeCommerce offers support services for the Service (“Support “) in accordance with the following terms:

Support Hours. Support is provided 24 hours per day, 7 days per week.

Incident Submission and Customer Cooperation. Customer may report errors or abnormal behavior of the Service (” Incidents“) by contacting AAAeCommerce in the Service via email at support@AAAeCommerce.com. Customer will provide information and cooperation to AAAeCommerce as reasonably required for AAAeCommerce to provide Support. This includes, without limitation, providing the following information to AAAeCommerce regarding the Incident:

• Aspects of the Service that are unavailable or not functioning correctly
• Incident’s impact on users
• A start time of Incident
• List of steps to reproduce Incident
• Relevant log files or data
• The wording of any error message

Exclusions. AAAeCommerce will have no obligation to provide Support to the extent an Incident arises from (a) use of the Service by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of AAAeCommerce’s reasonable control; (c) Customer’s equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions.

Cookie Policy

This Cookie Policy explains how AAAeCommerce, Inc. and its affiliates, including without limitation (collectively “AAAeCommerce”, “we”, “us”, and “ours”), use cookies and similar technologies to recognize you when you visit our websites, including without limitation www.AAAeCommerce.com, and any successor URLs, mobile or localized versions and related domains / sub-domains (“Websites”) and/or our mobile application (“App”) and / or our communication platform (“Platform”). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website, mobile app or use an online platform. Cookies are widely used by online service providers to facilitate and help to make the interaction between users and websites, mobile apps and online platforms faster and easier, as well as to provide reporting information.

Cookies set by the website and/or mobile app and/or platform owner (in this case, AAAeCommerce) are called “first party cookies”. Cookies set by parties other than the website and/or mobile app and/or platform owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website and/or mobile app and/or platform (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or device both when it visits the website and/or mobile app and/or platform in question and also when it visits certain other websites and/or mobile apps and/or platforms.

Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and/or App and/or platform to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and/or App and/or platform. Third parties serve cookies through our Websites and/or App and/or platform for analytics and other purposes.

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognize or track visitors to a website and/or mobile app and/or platform. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites and/or App and/or platform. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Do you use Flash cookies or Local Shared Objects?

Our Websites and/or App and/or platform may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel . You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites and/or App and/or platform. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other websites and/or mobile apps and/or platforms in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided in the cookie table above.

You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our Websites and/or App and/or platform through your access to some functionality and areas may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information. In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visithttp://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please, therefore, re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at support@AAAeCommerce.com.