Terms of Service

Welcome to BizzPocket. These Terms of Service ("Terms") constitute a legally binding agreement between you and BizzPocket Technologies Private Limited ("BizzPocket", "we", "us", or "our"), governing your access to and use of the BizzPocket platform, website, APIs, and all related services (collectively, the "Services"). By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the Services.

1. Definitions

• "Platform" means the BizzPocket SaaS application, including the seller dashboard, storefront engine, APIs, and all associated features.
• "Merchant" or "Seller" means any individual or business entity that registers for a BizzPocket account to create and operate an online storefront.
• "Buyer" or "Customer" means any end-user who purchases goods or services from a Merchant's storefront.
• "Storefront" means the online store hosted on the BizzPocket Platform, accessible via a BizzPocket subdomain or the Merchant's custom domain.
• "Subscription" means the plan, starting with the Starter plan (free to build, with a ₹1 one-time verification charge before the store goes live), under which the Merchant accesses the Platform and its features.
• "Content" means any text, images, product listings, descriptions, logos, trademarks, and other materials uploaded or created by the Merchant on the Platform.
• "Third-Party Services" means external services integrated with the Platform, including but not limited to payment gateways (Razorpay, Cashfree, PhonePe), logistics providers (Shiprocket, Delhivery), and communication services (MSG91, WhatsApp Business).

2. Description of Services

BizzPocket is a Software-as-a-Service (SaaS) platform that enables Merchants to build, host, and manage their own branded e-commerce storefronts. The Platform provides technical infrastructure for product cataloging, inventory management, order processing, payment collection through third-party gateways, shipping integration, customer management, and analytics.

BizzPocket is solely a technology provider. We do not manufacture, source, stock, inspect, or ship any products sold through Merchant storefronts. We are not a party to any transaction between a Merchant and a Buyer.

3. Eligibility & Account Registration

To use the Platform, you must:

• Be at least 18 years of age and competent to enter into a binding contract under the Indian Contract Act, 1872.
• Provide accurate, current, and complete business and personal information during registration.
• Maintain the confidentiality and security of your account credentials, including passwords and OTPs.
• Promptly notify us of any unauthorized access to or use of your account.

You are solely responsible for all activities that occur under your account. BizzPocket shall not be liable for any loss or damage arising from your failure to secure your account.

4. Merchant Responsibilities

As a Merchant using BizzPocket, you expressly acknowledge and agree that:

• You are the Seller: BizzPocket is merely a technology infrastructure provider. You are the actual seller of all goods and services listed on your Storefront and bear full legal responsibility for every transaction.
• Lawful Goods Only: You shall not list, offer, or sell any goods or services that are prohibited, illegal, counterfeit, hazardous, or restricted under applicable Indian laws, including the Consumer Protection Act, 2019, Food Safety and Standards Act, 2006, Drugs and Cosmetics Act, 1940, and the Legal Metrology Act, 2009.
• Accurate Product Information: You shall ensure that all product descriptions, images, pricing, weights, and specifications are accurate, truthful, and not misleading.
• Customer Service: You are solely responsible for handling all buyer inquiries, complaints, returns, exchanges, and refunds in accordance with your published store policies and applicable consumer protection laws.
• Taxation Compliance: You are entirely responsible for the determination, collection, reporting, and remittance of all applicable taxes, including Goods and Services Tax (GST), to the relevant authorities. BizzPocket provides GST invoicing tools as a convenience but does not provide tax advisory services.
• Regulatory Compliance: If you sell regulated products (food, cosmetics, health supplements, electronics), you must hold all necessary licenses (FSSAI, BIS, Drug License, etc.) and comply with applicable labeling and packaging regulations.
• Data Protection: You are a Data Fiduciary under the Digital Personal Data Protection Act, 2023, for all Buyer data collected through your Storefront. You must maintain your own privacy policy and obtain necessary consents from Buyers.

5. BizzPocket's Role & Limitations

BizzPocket provides the technological platform and infrastructure. We expressly disclaim:

• Any role as seller, manufacturer, distributor, or reseller of goods listed on Merchant storefronts.
• Any responsibility for the quality, safety, legality, or fitness of products sold by Merchants.
• Any liability for disputes between Merchants and Buyers, including product defects, delivery failures, or payment disputes.
• Any obligation to mediate or resolve commercial disputes between parties.
• Any warranties regarding the availability or performance of Third-Party Services, including payment gateways and logistics providers.

6. Subscription Plans, Payments & Billing

• Starter Plan (₹1 one-time verification): Signing up, building a store and listing products on the entry plan, Starter, is free. Before a store goes live, the Merchant pays a ₹1 one-time verification charge, paid before the store goes live and not automatically renewed. It is a genuineness check: it confirms that a real seller is behind each store and keeps fake and spam stores off the Platform. The ₹1 is non-refundable.
• Paid Plans: Premium features are available under paid subscription plans billed monthly or annually. All prices are listed in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise.
• Renewal: Subscriptions do not renew automatically. Each billing period is paid in advance as a single payment through checkout, and BizzPocket never charges your payment method without your action. To continue a plan, you pay for the next period; the new period starts on the date of that payment. When a period ends unpaid, BizzPocket may mark the subscription as expired, and an expired subscription grants none of its plan's features until you buy a plan again.
• Price Changes: We reserve the right to modify pricing with at least 30 days' prior notice. Changes apply at the start of your next billing cycle.
• Payment Failure: If a payment fails or is not completed, it does not activate or renew any plan, and BizzPocket does not retry the charge. There is no grace period and no fallback plan; your account stays as it was until a payment succeeds. You can start a new checkout at any time. If your bank was debited but the payment was not confirmed with us, we check the payment gateway automatically and apply any captured payment to your account.
• Transaction Fees: Certain plans may include platform transaction fees as a percentage of order value processed through the Platform. Payment gateway fees charged by Razorpay, Cashfree, or PhonePe are separate and borne by the Merchant.

7. Intellectual Property

7.1 BizzPocket's Intellectual Property

The Platform, including its source code, design, architecture, themes, components, logos, trademarks, and all associated documentation, is the exclusive property of BizzPocket Technologies Private Limited and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and applicable international intellectual property laws. No right, title, or interest in BizzPocket's IP is transferred to you by virtue of using the Platform.

7.2 Merchant Content

You retain full ownership of all Content you upload to the Platform. By uploading Content, you grant BizzPocket a non-exclusive, worldwide, royalty-free license to host, display, cache, and transmit your Content solely for the purpose of operating the Platform and providing the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by BizzPocket without restriction or compensation.

8. Acceptable Use Policy

You shall not use the Platform to:

• Sell counterfeit, stolen, or pirated goods.
• Engage in fraud, phishing, or deceptive business practices.
• Distribute malware, spam, or unsolicited communications.
• Infringe upon the intellectual property rights of any third party.
• Violate any applicable law, regulation, or third-party rights.
• Attempt to gain unauthorized access to the Platform, other accounts, or underlying systems.
• Reverse engineer, decompile, or attempt to extract the source code of the Platform.
• Use the Platform for money laundering, terrorist financing, or any activity prohibited under the Prevention of Money Laundering Act, 2002.
• Resell, sublicense, or redistribute access to the Platform without written authorization.
• Overload the Platform infrastructure through automated scripts, bots, or denial-of-service actions.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.

9. Data Ownership & Portability

• Your Data: All Merchant data (product listings, order history, customer data, store configuration) remains your property. BizzPocket acts as a custodian and processes it solely to provide the Services.
• Data Export: You may export your data at any time via the seller dashboard or by requesting a data export from our support team.
• Post-Termination: Upon account termination, your data will be retained for 30 days to allow export. After 30 days, data will be permanently deleted except where retention is required by law.
• Aggregated Data: BizzPocket may use anonymized, aggregated data (not personally identifiable) for analytics, benchmarking, and platform improvement purposes.

10. Third-Party Services & Integrations

The Platform integrates with various Third-Party Services. Your use of these services is subject to their respective terms and conditions:

• Payment Gateways: Razorpay, Cashfree, PhonePe — governed by their respective merchant agreements.
• Logistics: Shiprocket, Delhivery, BlueDart — governed by their shipping terms.
• Communication: MSG91, WhatsApp Business API — governed by their usage policies.

BizzPocket is not responsible for the availability, performance, fees, or conduct of Third-Party Services. We do not guarantee uninterrupted access to any Third-Party Service and shall not be liable for any loss arising from their unavailability or malfunction.

11. Platform Availability & Service Level

• Uptime Target: BizzPocket targets 99.9% platform uptime, excluding scheduled maintenance and force majeure events.
• Maintenance: We may perform scheduled maintenance with prior notice via email or dashboard notification. Emergency maintenance may be performed without prior notice.
• No Guarantee: The Services are provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be error-free, uninterrupted, or free of security vulnerabilities at all times.

12. Suspension & Termination

12.1 By BizzPocket

We reserve the right to suspend or terminate your account, with or without notice, if:

• You violate these Terms or the Acceptable Use Policy.
• You engage in fraudulent or illegal activity.
• You sell prohibited or restricted items.
• Your account is involved in excessive chargebacks or payment disputes.
• You fail to pay subscription fees after repeated reminders.
• We receive a valid legal order requiring account suspension.

12.2 By Merchant

You may terminate your account at any time by contacting support. Your subscription is cancelled when we process the request, and its plan features stop at that point. No pro-rated refunds will be issued for unused time unless required by applicable law.

12.3 Effect of Termination

Upon termination:

• Your Storefront will be taken offline immediately.
• You will have 30 days to export your data.
• Pending orders must be fulfilled or cancelled by you before termination.
• Any outstanding fees become immediately due.
• Sections on IP, limitation of liability, indemnification, and dispute resolution survive termination.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BizzPocket does not warrant that the Platform will meet your specific requirements, that it will operate without interruption or errors, or that defects will be corrected within any specific timeframe.

14. Limitation of Liability

To the maximum extent permitted by law, BizzPocket, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, business opportunities, or goodwill.
• Loss of data or unauthorized access to data.
• Cost of procurement of substitute services.
• Damages arising from disputes between Merchants and Buyers.
• Damages resulting from the acts or omissions of Third-Party Services.

In no event shall BizzPocket's total aggregate liability exceed the amount paid by you to BizzPocket in the twelve (12) months preceding the event giving rise to the claim.

15. Indemnification

You agree to indemnify, defend, and hold harmless BizzPocket, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform or violation of these Terms.
• Products or services sold through your Storefront.
• Any claim by a Buyer or third party against you or your Storefront.
• Your violation of any applicable law, regulation, or third-party rights.
• Your breach of data protection obligations as a Data Fiduciary.

16. Force Majeure

BizzPocket shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, epidemics, pandemics, war, terrorism, riots, government actions, internet or telecommunications failures, power outages, cyberattacks, and failures of Third-Party Services.

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

17.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation for a period of 30 days.

If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996, as amended. The seat of arbitration shall be Ahmedabad, Gujarat, India. The language of arbitration shall be English. The arbitral tribunal shall consist of a sole arbitrator appointed by mutual consent.

17.3 Jurisdiction

Subject to the arbitration clause above, the courts of Ahmedabad, Gujarat, India shall have exclusive jurisdiction over any matters not subject to arbitration.

18. Modifications to Terms

BizzPocket reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered Merchants and posted on this page with an updated "Last Updated" date at least 15 days before taking effect. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and BizzPocket regarding the Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: No failure or delay by BizzPocket in exercising any right under these Terms shall constitute a waiver of that right.
• Assignment: You may not assign or transfer your rights under these Terms without BizzPocket's prior written consent. BizzPocket may assign its rights and obligations in connection with a merger, acquisition, or sale of assets.
• Notices: All notices from BizzPocket will be sent to the email address registered with your account. It is your responsibility to keep your contact information current.
• No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between BizzPocket and any Merchant.

20. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at: