‍Terms of service

Last updated on 30th January 2026

The website www.platform.fynd.com (“Website”) including the related mobile site “Fynd Platform” (collectively called “Fynd Platform”) are owned and operated by Shopsense Retail Technologies Limited (“Fynd”, “we”, “us”, “our” or “Company”), a company incorporated under the Companies Act, 1956.

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The terms and conditions as set out hereinbelow (“Terms”) constitute a legally binding agreement between the Company and any natural or legal person, including any individual, entity, or organization, and their respective representatives, employees, agents, contractors, administrators, legal heirs, successors or permitted assigns, who directly or indirectly accesses, browses, registers on, interacts with, integrates with or otherwise uses the Fynd Platform in any manner, including through an Account, APIs, tools, integrations, or any current or future products, services, features, functionalities, offers, or Service(s) made available on or through the Fynd Platform (collectively referred to as “you”, “your”, “Seller”, or “User”), as amended from time to time.

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Fynd Platform provides a suite of omnichannel retail technology solutions, software products, tools, infrastructure, APIs, integrations, analytics, operational support services, and related offerings to brands, merchants, sellers, clients, and other business users, including any current or future services, features, functionalities, enhancements, or offerings made available by the Company from time to time through the Fynd Platform or otherwise (collectively, the “Service(s)”).

By accessing or using the Fynd Platform, you agree to be bound by these Terms, together with all applicable policies published on the Fynd Platform from time to time, including the Privacy Policy, Acceptable Use Policy, and any other guidelines or policies (collectively, the “Platform Policies”).

These Terms, along with any applicable schedules, addenda, annexures, statements of work (SOWs), standard operating procedures (SOPs), order forms, or other written agreements executed or agreed between you and the Company from time to time, collectively constitute a legally binding agreement between you and the Company (the “Agreement”).

If you do not agree with any of these Terms or Platform Policies, you must not access or use Fynd Platform. If you have any questions regarding these Terms, you may contact us at help@fyndplatform.com. These Terms govern your access and use of Fynd Platform, and apply to all transactions, services, and/or dealings between you and the Company in connection with the Fynd Platform.

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Certain services or products offered by the Company or its affiliates or partners, through other platforms may be subject to separate terms and conditions (“Additional Terms”). In the event of any inconsistency, the applicable Additional Terms shall prevail solely with respect to such services or products. Your use of those platforms shall be governed by the relevant Additional Terms.

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This document is an electronic record in accordance with the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time. It is generated by a computer system and does not require any physical or digital signatures.

This document is published in compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011.

Company and You are hereinafter individually referred to as “Party” and collectively as “Parties”.

1. GENERAL

  1. These Terms govern your access to and use of the Fynd Platform, which enables Sellers to build, host, and manage digital storefronts or sales channels and to list, promote, sell, or offer products, goods, consumables, and services (“Products”), together with related content and information, through the Fynd Platform
  1. By accepting this Agreement, you represent and warrant that you are 18 (Eighteen) years of age or above and have the legal capacity to enter and comply with this Agreement. If you are accessing or using the Fynd Platform under the age of 18 (eighteen) years, you may do so only under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. Fynd reserves the right to suspend or deactivate any Account used by a person under eighteen (18) years of age without appropriate supervision. Further, if you are using the Service(s) on behalf of a company or organisation, you represent and warrant that you have authority to act and bind such entity, and that such entity agrees to be bound by these Terms.
  1. Subject to these Terms and the Acceptable Use Policy, Fynd grants you a limited, non-exclusive, revocable right to access and use the Fynd Platform solely for availing the Service(s). 

2. MODIFICATION

  1. Every time you wish to use Fynd Platform, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and/or the content of Fynd Platform or temporarily suspend the operation(s) of Fynd Platform for support or maintenance work, at any time. We may be required to make changes that materially adversely affect your use of the Service(s) or your rights under these Terms at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict Products or activities that we deem unsafe, inappropriate, or offensive.
  1. Fynd may update these Terms from time to time. Where any change materially and adversely affects the Seller’s rights or use of paid Services, Fynd will provide reasonable prior notice through the Platform or via email. Any such changes shall apply prospectively and shall not materially impact the Seller’s then-current subscription term unless required to comply with applicable law, regulatory requirements, security considerations, or to prevent fraud or abuse. Continued use of the Services after the effective date of the updated Terms shall constitute acceptance of the revised Terms.
  1. Fynd may suspend access to the Services immediately where required due to (a) legal or regulatory requirements, (b) security threats, fraud, or abuse, or (c) non-payment of undisputed Fees. For all other material breaches, Fynd shall provide written notice describing the breach and allow the Seller a cure period of fifteen (15) days before suspending or terminating the Services

3. ACCOUNT REGISTRATION AND USE

  1. You agree that your access to and use of the Fynd Platform, including registration and creation of an Account, is solely for purpose of availing the Service(s)made available on Fynd Platform.  You shall not use the Fynd Platform for any other purpose other than as permitted under these Terms or, the Acceptable Use Policy, the Agreement and applicable law. 
  1. Registration on the Fynd Platform is a one-time process and is currently provided free of charge. To create an account and access the Service(s), you may be required to provide certain information, including your name, contact details, a valid email address, and any other information as may be requested from time to time. Upon successful submission, login credentials will be created or provided to you (“Account”).
  1. An Account may be created through one of the following methods:
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    1. Direct Sign-up: By registering directly on the Fynd Platform using the information requested, following which an Account with unique login credentials will be created; or‍
    2. Third Party Login: By using the login credentials of a third-party account maintained (illustratively, Google), in which case you shall also be subject to the applicable third-party terms and conditions. Fynd shall not be responsible for any unauthorised access, fraud, or misuse arising from such third party login. 
  1. Fynd reserves the right, to accept or to reject any Account registration request, or to suspend or deactivate an existing Account, in accordance with these Terms, subject to prior notice, whereever deems possible. 
  1. You acknowledge that the email address provided at the time of Account registration or as may be updated by you from time to time, shall be used as primary mode of communication (“Primary Email Address”). You are responsible for ensuring that the Primary Email Address is valid, monitored, and capable of sending and receiving emails. Communications sent from your Primary Email Address shall be deemed authorised.
  1. You are solely responsible for maintaining the confidentiality of your Account credentials, including any staff or sub-accounts (“Staff Accounts”), and for restricting access to your devices to prevent unauthorised use. You shall be fully responsible for all activities carried out through your Account and Staff Accounts.
  1. You agree to: (a) promptly inform Fynd of any unauthorized access, use or security breach of your Account or Staff Accounts; and (b) ensure that you log out of your Account at the end of each session. Fynd shall not be liable for any losses arising from your failure to comply with these Terms. You may be held liable for any losses incurred by Fynd or any other user due to unauthorized use attributable to you. Fynd reserve the right to suspend or terminate fraudulent or compromised Account.
  1. Technical support in respect of the Service(s) is available only to registered Users. Queries relating to these Terms may be addressed to help@fyndplatform.com 
  1. If you register or use the Fynd Platform on behalf of a company or organization or employer, such entity shall be deemed to be the User. You represent and warrant that you have the authority to bind such entity to these Terms. 
  1. You shall not to reproduce, duplicate, copy, sell, resell or commercially exploit any portion of the Service(s), use of the Service(s), or access to the Service(s) without Fynd’s consent.
  1. You shall not to access, monitor, or extract any data or information from the Service(s) using any robot, spider, scraper, or other automated means, except as expressly permitted by Fynd in writing.
  1. You acknowledge that materials provided or transmitted by you (“Materials”) may be transferred over various networks and may involve unencrypted transmissions or technical modifications to network or device requirements. 
    “Materials” includes your trademarks, copyrighted content, product information, pricing, images, videos, text, code and any other data provided by you or on your behalf.

4. ACCOUNT ACTIVATION

  1. Upon successful registration, the Account shall be activated and the User shall be authorised to access and use the Account in connection with the Service(s). User is responsible for ensuring that the name of the User, including the legal name of the entity owning the Sales Channel (where applicable), is accurately and correctly displayed on the relevant Sales Channel. 
    For the purpose of these Terms, “Sales Channel” means any online store, website, e-commerce platform, storefront, or physical retail location associated with the Account, whether hosted on the Fynd Platform,  a third party platform, or built using Fynd’s development kit, tools, APIs or related documentation . 
  1. If the Service(s) are accessed or used on behalf of a company/organization/employer, then such entity will be deemed to be the User. You represent and warrant that you have the authority to act on behalf of and bind such entity to these Terms. 
  2. Staff Accounts
    1. Subject to the applicable subscription or pricing plan, the User may create one or more staff accounts or team accounts (“Staff Accounts”) to allow authorised individuals to access the Account. Each Staff Account must be associated with a valid name and email address.
    2. The User shall be responsible for ensuring that all employees, agents, contractors, or other persons with access to Staff Accounts comply with these Terms. Any act or omission by a Staff Account shall be deemed an act or omission of the User. The User remains fully responsible for the performance of its obligations under this Agreement, regardless of whether any activities are delegated, subcontracted, or sublicensed to third parties, including affiliates or subsidiaries

5. COMMUNICATION AND UNSUBSCRIPTION

  1. By accessing or using the Fynd Platform and upon creating an Account on the Fynd Platform, you consent to receive communications from Fynd and its authorised representatives via email, SMS, calls or other electronic or digital means.  Such communications may include service-related updates, product information, announcements, and promotional or campaign-related messages. You acknowledge that such communications may be sent even if your contact details are registered under the Do Not Disturb (DND) or National Customer Preference Register (NCPR), in accordance with applicable telecom regulations.
  2. The effectiveness, clarity, and timeliness of communications are influenced by multiple factors. The Company assumes no responsibility for non-delivery, delayed delivery, or any distortion of communication in any manner whatsoever.
  3. You can opt-out from receiving promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting Fynd at help@fyndplatform.com. Service-related or transactional communications may continue as permitted under applicable law

6. USER OBLIGATIONS

  1. You shall provide true, current and complete information at the time of registration and whenever requested while using the Fynd Platform, including any information or documentation required for verification or compliance purposes. You are responsible for promptly updating such information to ensure its continued accuracy. 
  1. Your use of the Service(s) may require compatible devices, software, internet access, or data connections that are not provided by Fynd. You are solely responsible for obtaining and maintaining such requirements and for all associated charges, fees, and taxes.
  1. You acknowledge that use of the Fynd Platform may involve transmission of data including personal or account related information including, over networks not owned or controlled by Fynd. While Fynd implements reasonable security practices, it shall not be liable for disclosures resulting from transmission errors or unauthorized third party actions beyond its reasonable control.  
  1. You shall not misrepresent your identity, impersonate any person or entity, or access the Fynd Platform using credentials that are not lawfully yours. You remain solely responsible for the authenticity, legality, and accuracy of all information provided by you or on your behalf.
  1. You are solely responsible for your use of the Fynd Platform, including any content, data, materials, products, services, or information made available by you through the Platform, and for all interactions or transactions conducted with third parties. Any agreement, transaction, or engagement entered into by you through the Fynd Platform shall be strictly between you and the relevant third party. Fynd does not control, endorse, or assume responsibility for such engagements.
  1. You shall use the Fynd Platform in compliance with all applicable laws, regulations, and industry standards, including those relating to consumer protection, data protection, taxation, trade, advertising, intellectual property, and export controls. You are responsible for obtaining and maintaining any licences, approvals, or authorisations required for your activities.
  1. You acknowledge that any sale or transaction conducted through your Sales Channel is solely between you and the end customer, and you remain the seller of record for all products or services offered through the Service(s). You are fully responsible for the creation, operation, and content of your Sales Channel, including pricing, descriptions, customer communications, payments, refunds, returns, customer service, and compliance with all applicable laws and regulations. You will be solely responsible to comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your Sales Channel through the Fynd Platform.
  1. Fynd acts solely as a technology platform and facilitator and does not control, advise on, or assume responsibility for the commercial or contractual terms between you and any end customer. Any support services that may be offered by Fynd, including logistics or payment integrations, are provided solely as enablement and do not alter your responsibilities. For the avoidance of doubt, Fynd is not the seller, merchant of record, or owner of the products or services offered through your Sales Channel. Further, Fynd shall not be responsible for damages or delays caused by you on the Sales Channel, as a result of any shortcoming at your end in fulfilling the end-customer’s expectations. You hereby agree to be solely responsible for any dispute and liability that may be raised by end-customer relating to the quality, quantity, merchantability of Products sold by you on your Sales Channel. 
  2. You shall not use the Service(s) for any illegal or unauthorized purpose nor may you, in the use of the Service(s), violate any laws in your jurisdiction or the laws applicable to you in your end-customer’s jurisdiction.
  3. You shall not:
    • Use the Fynd Platform for any unlawful, fraudulent, or unauthorised purpose;
    • Engage in activities that may harm, disrupt, or impair the Fynd Platform or Fynd’s business, reputation, or goodwill;
    • Manipulate pricing, engage in unfair trade practices, or misrepresent offerings;
    • Upload malware, bypass security measures, probe vulnerabilities, or otherwise interfere with platform operations.
  4. You shall respect the intellectual property rights of others. Fynd reserves the right to remove or disable access to content alleged to infringe third-party rights and to respond to valid legal notices in accordance with applicable law.
  5. You represent and warrant that:
    • Your acceptance and performance of these Terms does not conflict with any other agreement or obligation binding on you;
    • You have obtained all necessary consents and authorisations; and 
    • No legal proceedings exist that would prevent you from complying with these Terms.
  6. You represent and warrant that you are not subject to any sanctions or restricted party lists and that your use of the Fynd Platform complies with applicable trade, export control, and sanctions laws.
  7. You acknowledge that Fynd shall enter into multiple agreements with its affiliates and partners and in case if you opt to avail any service(s) from our affiliates and/or partner, in order to promote and boost customer engagement on your Sales Channel or Service(s) availed by you, you hereby provide your consent to Fynd to share your Product information and other details to its affiliates and/or partners on a strictly need-to-know basis.
  8. You shall not transfer, assign or delegate your Account or obligations under these Terms without Fynd’s prior written consent.
  9. You shall not copy, modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise attempt to extract the source code, underlying structure, or proprietary elements of the Fynd Platform, except as expressly permitted in writing by Fynd.

7. FEES, SUBSCRIPTION & PAYMENTS

  1. Fynd may, at its discretion, offer limited, free of cost access to certain Service(s) with restricted features for a trial period (“Trial”). Continued or full access to the Service(s), requires subscription to an applicable subscription plan and payment of the corresponding fees (“Fees”).
  1. Subscription plans, pricing and features may be made available on  https://platform.fynd.com/pricing, and/or as may be agreed separately in an Order Form, SOW or similar executed document, between the Parties and as may be updated from time to time.   
  1. Where applicable, Fynd may charge transactions-based fees or usage based charges in connection with the Service(s). Such charges may be billed separately or included within the Fees, as communication or agreed. Any changes to such charges shall be published on the Fynd Platform or agreed in writing. 
  1. Fees for add-on services or overage usage beyond plan limits shall be charged separately in accordance with the applicable Order Form or pricing terms or any other documents executed between the Parties.
  1. Unless otherwise agreed, all invoices are payable within 7 (seven) days from the invoice date. Fynd reserves the right to suspend access to the Service(s) for non-payment, which may be restored upon receipt of all outstanding dues, including applicable interest or collection costs (if any).
  1. Payments may be made through payment methods made available by Fynd from time to time. Fees shall be deemed paid only upon successful receipt and confirmation by Fynd. 
  1. All Fees paid are non-cancellable and non-refundable, except where expressly required under applicable law or agreed in writing by Fynd.
  1. Users may upgrade subscription plans where such option is available. Any increase in Fees due to an upgrade shall be reflected in the applicable billing cycle. Fynd reserves the right to introduce, modify, discontinue, or reprice any Service(s) or features.
  1. All Fees are exclusive of applicable taxes, levies, fees or governmental charges. User are responsible for payment of all applicable taxes arising from their use of the Service(s), except taxes expressly charged and collected by Fynd. 
  1. All Fees shall be paid without deduction or set-off. Any legally required withholding shall be borne by the User and paid directly to the relevant authority.
  1. In case of Sales Channel, User will be solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale to end-customer. 
  1. Fynd shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
    1. Lack of authorization for any transaction;
    2. Payment failures, transaction declines or payment gateway issues;
    3. Bank imposed limits.
  2. Any foreign exchange (Forex), bank charges, currency conversion charges, or any other financial charges incurred in relation to payments shall be borne solely by the User. Invoices must be paid in full without deductions for such charges.
  3. You represent that all the payment instruments used are lawfully owned or authorised for use by you.
  4. Payments may be made in Indian Rupees (INR) or United States Dollars (USD) or such other currency as may be expressly agreed between the Parties in writing.
  5. The relationship between the Parties are on a principal-to-principal basis. Fynd acts as an independent contractor and does not have control of or have liability for the Products that are listed via Fynd Platform and does not guarantee the completion of any transaction between the Users and third parties.
  6. Processes relating to invoicing, collection, settlement or disbursement of payment shall be governed by the applicable SOPs as may be made available by Fynd.

8. TAX COMPLIANCES

  1. Tax Deducted at Source (TDS)
    1. In case if the Company is providing Service(s) in the form of an e-commerce marketplace, it shall deduct TDS as per section194-O of the Income Tax Act, 1961 on gross transaction value of the Product, as per the applicable rate in force; and
    2. In all other case, Seller shall pay the TDS on Fees as applicable, to the government on behalf of the Company & certificate for the same will be shared periodically (within 45 days from the end of every quarter) to the Company, for reimbursement of the same.
  2. Goods and Service Tax (GST)
    1. In case of GST applicability, registration in accordance with the applicable statute will done and ensuring required compliance under the statute. When requested the registration number, GST certificate or other unique ID/ number and GST registered address, will be shared with Fynd, in order to ensure compliance.
    2. In case of unregistered dealer or a composition dealer, no conducting interstate transactions through the Fynd Platform or any other e-commerce marketplace. To list on any e-commerce marketplace, UIN (Unique Identification Number) from the GST portal will have to be provided.
    3. In case of export of Products using the Fynd Platform, a Letter of Undertaking (LUT) and/or any other documents/certifications will be required.
    4. For the purposes of this Agreement, GST shall include the Central Goods and Services Tax (“CGST”), the State Goods and Services Tax (“SGST”) / Union Territories Goods and Service Tax (“UTGST”) and/or the Integrated Goods, Services Tax (“IGST”) and GST Compensation Cess (“Cess”) as may be applicable.
    5. To the extent Fynd is providing Service(s) of an e-commerce marketplace, it shall deduct TCS as per section 52 of the GST Act or any other amendments thereof, by applying the rate in force and remitting the same to the government on timely basis. 
    6. Fynd shall remit the GST so charged (as applicable), subject to a valid invoice / debit note, to the appropriate government authority and file GST returns as prescribed, within the statutory timelines, mentioning all appropriate and relevant information including GST registration details as provided to Fynd on the Fynd Platform. Fynd shall not be liable for any delays, penalties, or other consequences arising from errors, omissions, or inaccuracies or any other faults attributable in case of inaccurate, wrong, untrue information provided.
    7. The Seller shall notify Fynd of any GST credit issues within the applicable statutory timelines. Failure to do so shall release Fynd from any liability or responsibility for the loss of GST credit.
    8. Where the Seller has paid the Fees and such Fees are subsequently reduced due to an agreed discount or adjustment, the Company shall issue a credit note for the differential amount in accordance with applicable law. Upon receipt of such credit note, the Seller shall reverse the corresponding GST credit in its returns, to the extent applicable.
    9. Where the Fees increase due to additional deliverables or services, the Company shall issue a debit note for the differential amount in accordance with applicable law.
  3. Tax Proceedings. The Seller shall be responsible for timely tax filings in accordance with applicable law. In the event of any tax inquiry, audit, or proceeding involving Fynd in connection with this Agreement, the Seller shall promptly provide all reasonable assistance, information, and documentation as required by the Company.
  4. Change of Law. As and when there is any change in the GST and Income Tax rules, acts, regulations on input credit, Company shall update the relevant clause of this Terms on the Fynd Platform for your update and notice.
  5. The Seller shall be solely responsible for charging, collecting, and remitting applicable GST to the relevant tax authorities in respect of invoices issued to end-customer.
  6. The Seller shall be solely responsible for all invoicing and GST-related compliance obligations, including, where applicable;
    1. e-invoicing and dynamic QR code requirements;
    2. correct determination of HSN/SAC code determination; 
    3. classification of the Products and applicable taxes; 
    4. Specific/applicable taxes on Product(s);
    5. Adding correct GST number of your store on Fynd Platform; 
    6. providing and displaying accurate GST registration details on the Fynd Platform; 
    7. correctly reflecting applicable tax heads (including CGST, SGST, or IGST) on invoices issued to end customers.
    8. Any non-compliance with the above obligations shall be the sole responsibility of the Seller, including all resulting statutory, regulatory, or other liabilities
  7. Export Transactions/Sales: Where the Service(s) are availed outside India, such Service(s) shall be treated as zero-rated services in accordance with applicable GST laws. In such cases, the Company shall not be liable for any taxes in respect of such Services

9. PAYMENTS SOP

  1. Offline (COD) Payment Collection: Where the Seller opts for cash or offline payment collection services, Fynd may facilitate the engagement of a third-party service provider to collect cash-on-delivery (“COD”) payments from end customers on behalf of the Seller.
  2. Settlement of COD amounts collected shall be as follows, unless otherwise agreed in writing:
    1. Where a return or refund window applies, settlement shall be completed within T+10 days, where “T” is the date of completion of the applicable return window; or
    2. In all other cases, settlement shall be completed within T+10 days, where “T” is the date of successful delivery of the order.
  3. Prepaid Payment: Collection, settlement, and refund of prepaid payments shall be governed by the terms and conditions of the applicable third-party payment partner.
  4. COD Refund processing: Where the Seller opts for processing refunds for COD orders, the Seller shall provide Fynd with timely and accurate instructions, including refund amounts and payee details, to enable refund processing through the applicable payment partner. Fynd shall not be responsible or liable for delays, failures, or errors arising from incomplete, inaccurate, or delayed instructions provided by the Seller.

10. TERM

The Term of this Agreement shall commence on the earlier of (i) the date of completion of Account registration on the Fynd Platform, or (ii) the effective date of Order Form or any other written document executed between both Parties, and shall continue in effect unless terminated in accordance with applicable termination provisions of this Agreement.

11. BREACH AND TERMINATION

  1. Either Party may terminate this Agreement for convenience by providing thirty (30) days’ prior written notice to the other Party. Where a subscription for a fixed-term subscription plan is availed, such termination shall take effect only upon expiry of the then-current subscription term. All Fees payable for the applicable subscription term shall remain non-cancellable and non-refundable, and early termination for convenience shall not relieve any obligation to pay such Fees, nor entitle to any refund, credit, or proration.
  2. Without limiting to any other remedies, Parties may, at its sole discretion, suspend, restrict or terminate access to the Fynd Platform or the Service(s), in whole or in part, upon occurrence of any of the following events:
    1. a material breach of these Terms, Platform Policies, or any other agreement with Fynd, which remains uncured for 15 (fifteen) days after written notice, where cure is reasonably possible; 
    2. misuse of the Account or Staff Account; 
    3. failure to make payment of Fees;
    4. inability to verify or authenticate information, including KYC details; 
    5.  non-possession or failure to maintain required licenses, registrations, certifications, or compliance approvals required;
    6. suspected or confirmed fraudulent, unlawful, or criminal activity in connection with the Service(s); 
    7. action that may reasonably expose Fynd or other users to legal or regulatory liability; 
    8. bankruptcy, insolvency, inability to pay debts, initiation of winding up proceedings; or
    9. where required by law, regulatory authority, law enforcement request, security risk, fraud prevention, or circumstances beyond Fynd’s reasonable control.
  3. If you use third-party plugins, integrations, or extensions through the Fynd Platform, such use shall be governed by the applicable third-party terms. Termination of Fynd’s arrangement with such third parties may result in automatic termination of the related third-party services.
  4. Upon suspension or termination of this Agreement for any reason:
    1. your access to the Account and Service(s) shall be revoked or restricted;
    2. Fynd may disable or remove content, links, or configurations associated with your Account;
    3. all outstanding Fees shall become immediately due and payable, and a final invoice shall be issued, payable within seven (7) business days; and
    4. all Order Forms, SOWs, or related service documents shall stand terminated as of the effective termination date.
  5. All obligations and liabilities accrued prior to termination shall survive, including payment, confidentiality, indemnity, limitation of liability, and dispute resolution. No failure or delay by Fynd in enforcing any right shall constitute a waiver, and termination shall not limit Fynd’s right to pursue legal remedies. You remain responsible for breaches by your employees, agents, contractors, affiliates, or subcontractors.
  6. Fynd shall refund the unused portion of prepaid Fees on a pro-rata basis, excluding any setup fees, usage-based charges, or third-party costs. Fees are non-refundable except where: (a) Services are terminated by Fynd without cause prior to the expiry of the applicable subscription term; or (b) refunds are required under applicable law. In such cases, Fynd shall refund the unused portion of prepaid Fees on a pro-rata basis, excluding setup fees, usage-based charges, and third-party costs.

12. REPRESENTATIONS & COVENANTS

  1. Seller represents and warrants that:
    1. it is solely responsible for its Products and all liabilities arising from the sale or offering of such Products, including timely fulfilment, delivery, and customer obligations.
    2. It owns, or holds all necessary rights, licences, and authorisations to sell or offer the Products through the Fynd Platform, and that Fynd acts solely as a technology facilitator.
    3. All Products offered are genuine, non-counterfeit, merchantable, and compliant with applicable laws, quality standards, and regulatory requirements.
    4. All Product-related information, including descriptions, images, specifications, instructions, certifications, and other materials, is accurate, complete, not misleading, and corresponds to the actual Products offered to end customers
  2. The Seller covenants and undertakes that it shall:
    1. Ensure that all information provided to Fynd remains true, accurate, current, and complete at all times;
    2. Maintain the confidentiality and security of Account credentials and promptly notify Fynd of any unauthorised access or breach;
    3. Pay all applicable Fees in accordance with this Agreement; and
    4. Use the Fynd Platform and Service(s) in a lawful manner and refrain from any misuse, unauthorised access, or conduct that may damage the Platform or violate these Terms, during and after the Term.

13. DISCLAIMER OF WARRANTIES, INACCURACIES & ERRORS

  1. Fynd endeavours to ensure that all information made available on the Fynd Platform, including content relating to the Service(s), features, offerings or otherwise (hereinafter “Information”) is accurate at all time of publication. However, Fynd does not warrant or guarantee the accuracy, completeness, or reliability of such Information. Due to technical limitations, third-party sources, or system dependencies, Information may contain errors, omissions, or delays
  2. You acknowledge that any use of the Fynd Platform or reliance on Information is at your own discretion and risk. You are solely responsible for determining the suitability of the Service(s) or Information for your specific use cases. Nothing on the Fynd Platform constitutes professional, financial, legal, or investment advice.
  3. The Fynd Platform may include links to or integrations with third-party websites, services, or providers. Fynd does not control and is not responsible for such third-party content, services, or transactions. Any interaction with third parties is at your own risk and expense. Fynd acts solely as a technology platform and disclaims all responsibility and liability for products, services, or offerings made available by Users, including their quality, accuracy, legality, pricing, warranties, or fulfilment. Any dispute relating to such offerings shall be resolved directly between the User and the relevant third party.
  4. While Fynd does not guarantee uninterrupted or error-free operation of the Service(s), it will use commercially reasonable efforts to maintain availability, security, and performance and to provide advance notice of scheduled maintenance where practicable.
  5. You acknowledge that outputs, analytics, reports, or results generated through the Service(s) may not be error-free or suitable for all purposes. You are responsible for validating such outputs before relying on them.
  6. The Fynd Platform and Service(s) are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Fynd disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, or availability.
  7. Fynd shall not be liable for any loss, damage, or injury arising from:
    • actions or omissions of Users, end customers, or third parties;
    • unauthorised access, misuse of credentials, or payment instruments;
    • offensive, unlawful, or inappropriate content posted by Users; or
    • disclosure of information voluntarily shared by you on the Platform
  8. Any visuals, screenshots, demos, or illustrations displayed on the Fynd Platform are indicative only. Actual features, outputs, or Service(s) may vary, and Fynd makes no guarantee as to exact representation.

14. INTELLECTUAL PROPERTY RIGHTS

  1. Each Party retains all right, title, and interest in and to its respective intellectual property. Nothing in this Agreement transfers or assigns ownership of any intellectual property rights between the Parties.
  2. All the Intellectual Property rights in the Fynd Platform, and related software solution(s), tools, APIs, documentations, interfaces, codes, updates and other materials made available by Fynd, whether developed before or after acceptance of these Terms (collectively, “Fynd Proprietary Rights”), shall remain the exclusive property of Fynd in perpetuity.
  3. Subject to these Terms, Fynd grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to use the Fynd Proprietary Rights solely during the Term and solely for accessing and using the Service(s) as permitted under this Agreement
  4. You shall not copy, modify, reproduce, distribute, publish, disclose, reverse engineer, decompile, disassemble, or create derivative works from any part of the Fynd Proprietary Rights, except as expressly permitted in writing by Fynd.
  5. You acknowledge that Fynd is the owner of the Fynd Platform, trademarks, logos, and brand identifiers. You shall not challenge, misuse, or register any marks or names that are identical or confusingly similar to Fynd’s trademarks. Any known infringement of Fynd’s intellectual property shall be promptly reported to help@fyndplatform.com. 
  6. Upon termination or expiry of this Agreement, all licences granted to you shall immediately cease, and all rights in the Fynd Proprietary Rights shall continue to vest exclusively with Fynd.
  7. Any unauthorised use of Fynd’s intellectual property may result in injunctive or equitable relief, in addition to any other remedies available to Fynd under law or this Agreement.

15. THIRD PARTY SERVICE PROVIDERS

  1. During the Term of this Agreement, a Party (“Receiving Party”) may receive or have access to certain Confidential Information belonging and/or relating to the other Party and its affiliates (“Disclosing Party”). “Confidential Information” disclosed under this Agreement shall include information in whichever form, whether marked confidential or not, or which is disclosed by or on behalf of the Disclosing Party or derived by the Receiving Party in the course of its dealing with the Disclosing Party and its representatives and includes all information, that is reasonably understood to be confidential or proprietary, relating to all or any of the Disclosing Party existing or prospective products and / or services, know-how, script/code, algorithms, schematics, formulae, strategic data (technical, financial, commercial or otherwise), process information, methods of operation, flowcharts, or diagrams; policies and procedures regarding the design, development, research methods and results; creative and programming tools, methodologies, and techniques.  
  2. The Receiving Party shall keep Confidential Information of the Disclosing Party in confidence. The Receiving Party shall use commercial reasonable and necessary safety measures and steps to maintain the confidentiality and secrecy of Disclosing Party’s Confidential Information from public disclosure, and the Receiving Party shall, at all times, maintain appropriate measures to protect the security and integrity of the Disclosing Party’s Confidential Information. The Receiving Party shall not, without the Disclosing Party’s prior written consent, divulge any of its Confidential Information to any third-party other than the Receiving Party’s officers, employees, agents, affiliates or representatives who have a need to know for the purposes of these Terms, ensuring that they comply with same level of obligation in maintaining the Confidentiality as per these Terms.
  3. Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the Receiving Party with respect to any portion of Confidential Information which:
    1. Was at the time received or which thereafter becomes, through no act or failure on the part of the Receiving Party, generally known or available to the public;
    2. Is at the time of receipt, known to the Receiving Party as evidenced by written documentation then rightfully in the possession of either Party;
    3. Was already acquired by the Receiving Party from a third-party who does not thereby breach an obligation of confidentiality to the Disclosing Party and who discloses it to the Receiving Party in good faith;
    4.  Is developed by the Receiving Party without use of the Disclosing Party’s Confidential Information in such development; and
    5. Has been disclosed pursuant to the requirements of applicable law, any governmental authority, provided however, that the Disclosing Party shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
  4. Neither Party shall disclose this Agreement and the term of this Agreement to any other person without the prior written consent of the other Party.
  5. The Parties acknowledge and understand that any disclosure or misappropriation of any of the Confidential Information in violation of this Agreement, may cause irreparable harm to the non-disclosing Party, the amount of which may be difficult to ascertain. Without prejudice to any other rights available to the Disclosing Party under this Agreement or otherwise, Disclosing Party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as such non-disclosing Party shall deem appropriate. To clarify, such right shall be in addition to the remedies otherwise available to a Party, at law or in equity.
  6. These Terms shall not restrict the Receiving Party from complying with any legal requirement to disclose Confidential Information, provided that the Receiving Party shall to the extent that it is not prohibited from doing so by applicable law, promptly notify the Disclosing Party of such legal requirement so that the Disclosing Party may seek to quash such order and to obtain a protective order requiring that the relevant Confidential Information be held in confidence by such court or agency or, if disclosed, be used only for the purposes for which the order was issued. The Receiving Party shall cooperate fully with the Disclosing Party in any such proceeding.
  7. The confidentiality obligations enlisted hereinabove for the Parties shall survive for the term of this Agreement.

17. DATA PROTECTION

  1. Each Party shall comply with all applicable data protection and privacy laws and implement reasonable technical and organizational measures to protect personal data processed in connection with the Agreement, consistent with the measures it applies to protect its own confidential and personal data
  2. The Company may collect, use, store, and process data, whether personal or non-personal, obtained from publicly available sources or generated through use of the Service(s), solely for the purposes of performing its obligations under this Agreement and in accordance with applicable law.
  3. You represent and warrant that you have obtained all necessary consents and permissions required under applicable law to collect, use, store, share, display, or otherwise process any data, including personal data of end customers or third parties (“Customer Data”), in connection with the Service(s).
  4. In the event of a confirmed security incident affecting Customer Data under the Company’s control, Fynd shall notify the Seller without undue delay and cooperate in good faith to investigate, mitigate, and remediate the incident in accordance with applicable law.

18. THIRD PARTY INTERACTION & LINKS TO THIRD PARTY WEBSITES

In using the Fynd Platform or Service(s), you may interact or transact with end-customers, advertisers, sponsors, Third-Party Service Providers, or access third party websites or services. Unless expressly stated otherwise, any such interactions, transactions, promotions, purchases, deliveries, payments, or related terms are solely between you and the applicable third party. Fynd does not endorse, control, or assume any responsibility or liability for such third-party interactions, content, or services, and any contractual relationship formed in connection therewith exists exclusively between you and the relevant third party.

19. AVAILIBILITY, ACCESSIBILITY & PLATFORM INTEGRITY

  1. Fynd operates and controls the Fynd Platform from India. Fynd makes no representation that the Platform, content, or Service(s) are appropriate, available, or compliant for use outside India.
  2. If you access or use the Fynd Platform from outside India, you do so at your own discretion and risk. You are solely responsible for ensuring compliance with all applicable local laws, regulations, and requirements in your jurisdiction, including those relating to your use of the Platform and any products or services offered to end customers.
  3. Nothing in these Terms constitutes a solicitation or promotion in any jurisdiction where such activity is unlawful.
  4. References to products, programs, or Service(s) on the Fynd Platform do not imply that such offerings are available or intended to be made available in all jurisdictions.
  5. Fynd maintains monitoring, notice, and takedown mechanisms to address misuse, fraud, or unlawful activity on the Platform. Where such activity is identified, Fynd may suspend or terminate Accounts, remove content, restrict access, and take appropriate legal action in accordance with applicable law.
  6. In the event of suspected or confirmed fraudulent, abusive, or unlawful activity, including creation of multiple Accounts or misuse of promotional benefits, Fynd may immediately suspend or delete the relevant Account(s), cancel related transactions, and recover associated losses, costs, or expenses, without liability for refunds.
  7. You represent and warrant that you own or have all necessary rights to any media assets or content processed or uploaded through the Fynd Platform and that such use does not infringe applicable law. You shall be solely responsible for any misuse, negligence, or fraudulent activity relating to such content.

20. COPYRIGHTS IN CONTENT

  1. All content available on the Fynd Platform, including text, graphics, images, audio, video, trademarks, and other materials (“Content”), is owned by Fynd or its licensors and is protected by applicable intellectual property laws.
  2. Subject to these Terms, Fynd grants you a limited, revocable, non-exclusive, non-transferable licence to access, view, and use the Content solely for your internal business purposes in connection with the Service(s).
  3. You may download or print limited extracts of the Content for internal reference only, provided that all copyright and proprietary notices are retained and the Content is not modified.
  4. Except as expressly permitted under these Terms, you shall not:
    • copy, reproduce, distribute, publish, display, modify, adapt, or create derivative works from any Content;
    • use the Content for commercial resale or public distribution;
    • remove or alter any intellectual property notices;
    • use automated tools (including bots, scrapers, or data-mining tools) to extract Content; or
    • link, frame, or embed Content without Fynd’s prior written consent.
  5. Nothing in these Terms grants you any right, title, or interest in the Content or Fynd’s intellectual property, other than the limited licence expressly stated.
  6. If you believe that your intellectual property rights have been infringed through the Fynd Platform, please notify us at help@fyndplatform.com
  7. The licence granted under this Clause shall automatically terminate upon breach of these Terms or upon termination of this Agreement. Upon termination, you must promptly cease use of the Content and destroy any copies in your possession. Provisions that by their nature should survive termination shall continue to apply.

21. LICENSE AND USE OF YOUR CONTENT

  1. You grant Fynd a royalty-free, revocable, non-exclusive licence to use, host, store, reproduce, and display any material, data, or content provided or posted by you on the Fynd Platform (“User Content”) solely for the purpose of providing, operating, and maintaining the Service(s) during the Term, and thereafter only to the extent required to comply with applicable law or to enforce rights accrued during the Term. Ownership of the User Content shall at all times remain with you. You represent and warrant that you have all necessary rights, licences, and permissions to grant this licence.
  2. Fynd does not pre-screen User Content. However, Fynd reserves the right, in its reasonable discretion, to review, remove, disable access to, or restrict any User Content if it believes that such User Content violates these Terms, the Acceptable Use Policy, applicable law, or the rights of any third party.
  3. If Fynd becomes aware of any unlawful, inappropriate, or prohibited use of the Fynd Platform or Service(s), it may take appropriate action, including removal of User Content, suspension or restriction of access, or reporting such activity to relevant authorities, in accordance with applicable law.
  4. You acknowledge that unauthorised submission, use, or distribution of content may violate intellectual property, privacy, publicity, or other laws. You are solely responsible for your User Content and for all activity conducted through your Account.

22. BRAND & PROMOTIONAL USAGE

Neither Party shall use the other Party’s name, logo, or trademarks for any marketing, and promotional materials, subject to prior consent from the other Party and in accordance with brand usage restrictions notified by the other Party. Either Party may revoke such permission upon reasonable written notice.

23. INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. Each Parties agree to indemnify, defend and hold harmless other, its officers, directors, employees, and representatives from and against any and all claims (including third party claims), losses, fines, penalties, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from (a) access to or use of Fynd Platform or the Content or the Service(s) or in relation to the User Content which is in violation of any applicable laws or third party rights; (b) violation or breach of these Terms or the documents it incorporates herein by reference (including the Acceptable Use Policy); (c) any acts of fraud, negligence or intentional misconduct; (d) infringement of any of Proprietary Rights or any third-party intellectual property or other rights; (e) breach of any Representations, Warranties, Covenants, obligations as per the Terms; and (f) breach of applicable law.
  2. Indirect losses: In no event will either Party be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), whether based on warranty, contract, tort, or any other legal theory and whether or not the other Party was advised of the possibility of such damages.
  3. To the maximum extent permitted under applicable law, either Party’s aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total Fees actually paid to Fynd during the twelve (12) months immediately preceding the event giving rise to the claim.
  4. Logistics Service Carve-outs: Notwithstanding the foregoing, in cases where Fynd facilitates logistics partner service(s), Fynd’s maximum liability, if any, shall be strictly limited to INR 2,500/- (Indian Rupees Two Thousand Five Hundred only) per shipment.
  5. The limitations set forth in this clause shall apply notwithstanding the failure of any essential purpose of any limited remedy and shall apply to the fullest extent permitted under applicable law.
  6. The Company shall not be liable for any non-compliance with laws, regulations, or requirements of any jurisdiction outside India arising from the User’s access to or use of the Fynd Platform or Service(s). The User shall be solely responsible for compliance with all applicable foreign laws.

24. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the dispute resolution provisions set out herein, the courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.

25. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

The Parties shall use reasonable efforts to resolve any dispute, controversy, or claim arising out of or in connection with these Terms (“Dispute”) through good-faith discussions within fifteen (15) days from the date such Dispute arises. If the Dispute is not resolved within such period, it shall be referred to and finally resolved by arbitration conducted by a sole arbitrator jointly appointed by the Parties. The arbitration may be conducted through electronic or virtual means, including video conferencing or other information and communication technology. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, India, and the arbitration proceedings shall be conducted in the English language. The arbitral award shall be final and binding on the Parties and may include costs, including reasonable legal fees and expenses.

26. BETA SERVICES

From time to time, Fynd may, at its discretion, invite you to access and use pre-release or beta features that are under development and not generally available (“Beta Services”). Beta Services are provided on a trial basis, are not part of the standard Service(s), and may be subject to additional terms provided prior to use. All Beta Services, and any related discussions, feedback, or materials, shall be treated as Confidential Information and governed by the confidentiality provisions of this Agreement. You shall not disclose your participation in Beta Services or make any public statements regarding such participation without Fynd’s prior written consent. Beta Services are provided on an “as is” basis, without warranties of any kind. Fynd makes no representations regarding functionality, availability, or performance, and may modify, suspend, or discontinue Beta Services at any time. Fynd shall have no liability for any harm, loss, or damage arising from or in connection with Beta Services, and Fynd may choose not to release a final or commercial version of any Beta Service.

‍27. ANTI BRIBERY AND ANTI CORRUPTION POLICY

Both Parties shall conduct their dealings ethically and in compliance with all applicable anti-bribery and anti-corruption laws. Neither Party shall offer, give, solicit, or accept any improper payment, gift, or advantage in connection with this Agreement. Any violation may result in immediate termination of this Agreement, and you agree to cooperate fully with Fynd in investigating any suspected unethical or unlawful conduct by you or your employees, agents, or representatives.

‍28. ANTI MONEY LAUNDERING (AML)

Both Parties shall at all times, ensure compliance of law and complete all KYC/AML requirements for the performance of its obligations under this Agreement. Any violations by the Seller will be viewed in a serious manner and Fynd reserves the right to take all appropriate actions or remedies as may be required under the circumstances. Both Parties shall provide all possible assistance to the other Party, in order to investigate any possible instances of anti-money laundering.

29. CUSTOMER CARE SUPPORT

In accordance with the applicable law, any concern, feedback which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s) being availed hereunder, may be directed by you to such customer support personnel at the below mentioned coordinates:
‍

Shopsense Retail Technologies Limited

1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, 

Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

Email: help@fyndplatform.com

‍30. GRIEVANCE OFFICER

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Service(s) being availed hereunder, may be directed by you to such grievance officer at the below mentioned coordinate:
‍

Name: Sana Kazi

Designation: Grievance Officer

Email Address: grievance@gofynd.com  

Registered Office: Shopsense Retail Technologies Limited

1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, 

31. NODAL OFFICER

Name: Abhimanyu Mallik

Designation: Nodal Officer

Email Address: compliance@gofynd.com

Registered Office: Shopsense Retail Technologies Limited

1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, 

Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

‍

32. FORCE MAJEURE 

  1. Force Majeure event refers to circumstances beyond the reasonable control of the Parties that prevent or delay a Party from fulfilling its obligations under this Agreement. Such circumstances include, but are not limited to:
    1. Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, and other natural disasters;
    2. Acts of war, public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution, epidemics, and pandemics;
    3. Strikes;
    4. Acts or omissions of public authorities that prevent or delay performance, including changes in laws, regulations, or policies of government bodies or regulatory authorities beyond the control of either Party;
    5. Any other event beyond the control of either Party.
  2. Neither Party shall be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is due to a Force Majeure event.
  3. If a delay or failure of a Party to perform its obligation is caused or anticipated due to a Force Majeure event, the performance of that Party’s obligations will be suspended.
  4. If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds sixty (60) days, either Party may terminate the Agreement by giving fifteen (15) days’ notice to the other Party.
  5. If the Agreement is terminated pursuant to Force Majeure, the Parties shall negotiate the winding-up of the obligations and rights of the respective Parties under this Agreement. Any monies due or pending shall be settled within 7 (seven) business days from the date of effective termination.

33. RIGHT TO AUDIT AND / OR EXAMINE RECORDS.

In case of any audit which requires any clarification on transactions under this Agreement, Fynd may seek a certification from a certified auditor for compliance in accordance with the Terms and Fynd shall arrange the same at its own cost. Both Parties undertake to maintain records during the term and for a period of 8 (eight) years after the expiration or termination of this Agreement.

34. WAIVER

No delay or omission to exercise any right, power, or remedy accruing to any Party upon any breach or default under these Terms, shall be deemed as waiver of any other breach or default occurring thereafter. Any waivers granted hereunder are effective only if recorded in writing signed by the Party granting such waiver. All remedies, either under these Terms or by law or otherwise afforded to any of the Parties, shall be cumulative and not alternative.

35. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

36. NON-EXCLUSIVITY

Both the Parties agree that this Agreement is entered into on a non-exclusive basis and that both Parties shall be free to engage any third-party as its client/service provider to procure/provide similar or identical services. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between the Seller and Company, by virtue of these Terms.

37. MISCELLANEOUS

  1. These Terms supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Fynd Platform, and the rights and liabilities with respect to any Service(s) to be provided by us shall be limited to the scope of these Terms.
  2. All provisions in the Agreement that expressly or customarily survive the termination or expiration of the Agreement will continue in effect after the Agreement is terminated or expires.
  3. Nothing contained in this Agreement shall imply or give rise to any right, power or authority for either Party to enter into any other agreement or commitment on behalf of or otherwise bind the other Party in any way.
  4. In the event of any conflict or inconsistency between these Terms, signed Order Form/SOW, and/or Platform Policies, the order of precedence shall be as follows:
    1. The signed Order Form/SOW (if applicable);
    2. These Terms;
    3. Platform Policies;
    4. Any other documents or communications exchanged between the Parties.

If ambiguity arises, the higher-ranked document shall prevail unless explicitly stated otherwise in a mutually agreed written document.

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