terms of service

Welcome to Utterbond Subscriptions., your trusted provider of web application services. Our team is dedicated to offering innovative apps exclusively for merchants leveraging the Shopify platform for their e-commerce websites. Below, you'll find comprehensive details of the Utterbond Subscriptions owned and operated by Utterbond. ("Utterbond", "we", "us", "our").

To provide a quick overview, we have highlighted key points from the Terms of Service below for your convenience. However, please note that these points are not a substitute for reading the full Terms.

Application Usage Eligibility: You are permitted to use the Application if you are an individual with full legal capacity and either own a Shopify account or have valid authorization from a Merchant. Your usage of the Application should align with your reasonable business requirements and be following these Terms.

Application Subscription and Acceptance: To access and utilize the Application, you must subscribe to the Application and agree to these Terms of Use.

Fees and Application Usage: Please note that using the Application may necessitate the payment of fees, as specified to you during the subscription process or provided at a later stage.

Application's Intellectual Property: It is important to note that Utterbond exclusively owns all legal rights, including intellectual property rights, related to the Application.

User Content Rights: We respect your ownership of the Content contributed by you or your Users. Nevertheless, you grant us the right to utilize it for the sole purpose of providing the Application to you, along with our promotional and marketing initiatives.

Content Guidelines: When utilizing the Application, please adhere to the guidelines for Content upload. Ensure that the Content is lawful and does not violate any rights. It is prohibited to post or upload objectionable Content, as specified in the Terms outlined below.

Guidelines for Content Upload: Please ensure that you upload Content onto the Application that originates from actual Users of your product or Application. It is strictly forbidden to use the Application for uploading any false, misleading, fabricated, or fraudulent content.

Application Use Suspension: If you fail to adhere to these Terms, which includes the upload of Content that is purportedly fraudulent or infringes on the rights of others, we reserve the right to suspend your access to the Application.

Privacy Protection: We value your privacy and the privacy of your users. Our Privacy Policy, which is incorporated into these Terms, outlines our privacy practices regarding the Application. Please note that we do not offer data backup services.

Applicable Laws and Jurisdiction: The Application is subject to the laws of the State of India, and the use of the Application implies the acceptance of this jurisdiction. Any legal matters or disputes shall be addressed exclusively by the competent courts.

Acknowledgment of Terms

Before accessing, installing, or using the Application, please take the time to read and understand the following Terms of Service (the "Terms"). By proceeding to access, install, or use the Application, you indicate your acceptance and agreement to be bound by these Terms. Should you disagree with the Terms, kindly refrain from using the Application.

Eligibility to Use the Application: The Application is intended for use by legal corporations and individuals who are at least 18 years old and possess full legal capacity. By downloading, installing, and using the Application, you affirm and guarantee that you meet the age requirement and have the necessary legal authority. If you are agreeing to these Terms on behalf of a company or legal entity, you further confirm that you are authorized to act on its behalf and that you or the Merchant are the rightful owners of the respective Website for which the Application is being utilized. Throughout these Terms, "you" or "your" refers to both yourself and the Merchant.

Please note that the use of your Shopify account and store is subject to Shopify's specific terms of service, which are separate from these Terms. It is your sole responsibility to ensure compliance with Shopify's terms of service. You hold exclusive accountability for all actions and operations conducted within the Application using your Shopify account and Your Subscription.

Application Fees and Billing: As a part of our offering, the Application may be available for a trial period, free of charge, which could have a time limitation. Following the trial period, continued use of the Application may require payment of applicable fees ("Fees"), as specified in the plans and amounts presented to you during your subscription ("Plans"). If a previously free section of the Application transitions to a fee-based service, we will obtain your consent before requiring payment of those Fees. If you do not provide consent, we reserve the right to terminate Your Subscription.

Unless specifically mentioned, all fees ("Fees") are denoted in US Dollars to facilitate clarity and consistency in pricing.

If applicable, we will utilize the payment method you have supplied as your Billing Information to charge the applicable Fees. By providing the Billing Information, you warrant that you have the legal right to use the chosen payment method. It is your responsibility to maintain accurate and current Billing Information and promptly notify us of any changes.

When you subscribe to the Application and choose a Plan, you expressly authorize us to charge you for the Fees, along with any relevant taxes, surcharges, or commissions imposed by the payment processor. All payments made to us exclude any applicable excise tax, sales tax, VAT, withholding tax, or other government charges or transaction fees. You are solely accountable for the payment of such taxes and charges as required by law.

Kindly be informed that the Fees you pay are non-refundable. You must settle all applicable Fees, irrespective of whether you utilize or receive any benefits from the Application.

Your Billing Information may be processed and handled by third-party payment processors, and as such, it is subject to the terms and conditions of these third parties as governed by your contractual relationship with them.

Termination and Suspension

Your Termination Option: You can terminate these Terms at your discretion by uninstalling the Application from your Shopify account.

Termination by Us: We reserve the right to terminate your use of the Application, in our sole discretion, if we have reason to believe that you have misused the Application, submitted false or fraudulent Content, or violated any provisions of these Terms. In such cases, we may take appropriate technical and legal actions to restrict your access to the Application.

Effects of Termination: Upon termination of these Terms, you are required to cease all use of the Application. After termination, you will no longer have access to the Application, and you will be unable to retrieve or access any Content (as defined below). However, before termination, you may export your Content to an alternative tool. Please note that even after termination, we may continue to use the Content you provided to us before termination for promotional purposes, as permitted by the rights granted in these Terms. For information on the retention and deletion of your personal information, please refer to our privacy policy. The following sections will survive any termination or expiration of these Terms: Fees and Billing, Effects of termination, Content and dealings, Your privacy, Intellectual property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, and General.

Content and Dealings

As part of its service on the Website, the Application will utilize and handle Content in different formats, such as text, code, script, audio, and visual materials, either individually or in combination. This Content refers to the materials provided, uploaded, or posted by you or your Users through the Application. It may also incorporate trademarks and other assets associated with your Merchant.

We do not claim ownership of the Content. However, by using the Application on your Website or uploading Content through the Application, you grant us a perpetual, royalty-free, worldwide, non-exclusive, sublicensable, and transferrable license to use and display the Content. This license allows us to engage in commercial use, as well as to copy, modify, distribute, post, and create derivative works from the Content. We may utilize the Content on the Application, as well as on other online or offline platforms and media, solely to facilitate the Application, enhance your Website, and for promotional and marketing purposes. By granting this license, you waive any claims against Native Subscriptions or its representatives regarding intellectual property rights, including moral rights and rights of attribution, about the Content used for these purposes.

Fraud Prevention and Copyright

By uploading Content to, on, or through the Application, or by approving Users' Content for uploading, you represent and warrant to us that:

When uploading Content on or through the Application, you acknowledge and assure that the Content is in line with our Acceptable Use Policy. It primarily consists of genuine content originating from Users of your product or Application and is free from falsehood or fabrication. You warrant that the Content accurately portrays the real experiences and evaluations expressed by the Users.

To ensure the authenticity of content labeled as "Verified," you commit to implementing reasonable and proportionate verification procedures. These measures will be utilized to confirm that the content manually marked as "Verified" is based on actual customer purchases or experiences.

By uploading Content to, on, or through the Application, you confirm that you are the lawful owner of all rights to the Content, or that you possess lawful licenses from all rightful owners, allowing you to upload such Content to, on, or through the Application.

You affirm that you hold the necessary legal entitlement and rights to grant us the licenses in and to the Content, as outlined in these terms.

You affirm that you have lawfully obtained the consent of all individuals depicted, shown, or referred to in the Content, granting you permission to include them in the Content and to use the Content for the purposes outlined in these terms. In the case of minors, you have also obtained the consent of their parents or legal guardians, as well as the approval of the minors themselves.

You confirm that the creation and uploading of the Content on, to, or through the Application do not violate the rights of any third parties, including but not limited to intellectual property rights, privacy rights, and publicity rights.

We hold the right, at our discretion, to review the Content submitted to the Application to ensure its adherence to these Terms and our Acceptable Use Policy. We may also conduct content in response to reported violations of the Acceptable Use Policy or objectionable content. Suppose we determine that the provided Content is fraudulent or violates these Terms or our Acceptable Use Policy. In that case, we reserve the authority to remove it from the Application or your Website, with or without advance notice. Moreover, we may opt to temporarily or permanently discontinue, terminate, or suspend the Application's operation concerning you or specific aspects thereof. In the event of Application termination, you will be entitled to a prorated refund of any Fees paid, if applicable.

Encouraging Feedback

We actively encourage you to share your feedback regarding the Application. Your input is highly valuable to us in improving our services. Please be aware that any feedback you provide will be used by us without any limitations, and we are not obligated to maintain any confidentiality or refrain from using the feedback.

Your Declarations and Assurances

About the Application, you declare and assure that:

You are solely accountable for customer service, order fulfillment, Product returns, and complying with any tax or charge obligations linked to User Content.

• You will secure all the required permissions and authorizations as stipulated by applicable law. This will enable Native Subscriptions to utilize your User's private identifiable information to deliver the Application's functionality, which encompasses sending relevant emails and recommendations on your behalf.

When utilizing the Application, you are required to adhere to the following guidelines:

You may only upload authentic Content originating from genuine details by users of your products. It is strictly prohibited to upload false, misleading, or fabricated information about Products. This includes deceptive Users' experiences related to Products and any content that does not originate from Users who have genuinely purchased the products.

Impersonating any person or entity or making false statements regarding your identity, employment, agency, or affiliation with any individual or organization is strictly prohibited. This includes the unauthorized use of trademarks, trade names, or the replication of product designs belonging to other entities.

We reserve the right to immediately terminate your account and delete your content without prior notice if we receive a complaint of fraud or deception against you. Additionally, we may report such complaints to the appropriate authorities. Please note that we bear no responsibility for any damages caused by such termination or reporting, and you are required to indemnify and defend Utterbond or its app against any third-party claims arising from your fraudulent acts or omissions.

If you suspect that any Content published via the Application is fraudulent or infringes on your rights, please contact us at: support@utterbond.com.

DMCA Notice and Intellectual Property Policy: Utterbond maintains a strong commitment to respecting the intellectual property rights of others. Our policy is to promptly remove any material on the Application that infringes the rights of third parties. We exercise this policy under the provisions of the Digital Millennium Copyright Act of 1998 (DMCA). Utterbond may, at its sole discretion and without prior notice to users, remove User Content that is found to infringe third-party rights.

In appropriate circumstances, we will terminate the Accounts of repeat infringers. If you believe that any content appearing on the Application infringes your copyright, you can send us a notice to request its removal or the blocking of access. If you believe a notice has been filed against you in error, you have the option to submit a counter-notice under the DMCA.

Utterbond assumes no responsibility or liability for the content of any site included in User Content or linked to by the Application. We retain the right to remove any User Content without prior notice to you, other users, or any third party.

Privacy Protection for You and Your Users

At Utterbond, the privacy and protection of your personal information, as well as the privacy of your users, are of utmost importance to us. We are dedicated to ensuring the security and confidentiality of the personal data belonging to our Merchants and their End Users. As an integral part of these Terms, and Privacy Practices the Application provides detailed information about how we handle and safeguard your information.

Intellectual Property Rights and Usage Restrictions

The Application, along with its patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights, including associated goodwill, are solely owned by us and our licensors. These exclusive rights cover all elements of the Application, except for the Content.

Unless explicitly authorized in the Terms, you are prohibited from engaging in activities such as copying, distributing, publicly displaying or performing, sublicensing, decompiling, reverse engineering, selling, renting, modifying, or creating derivative works of the Application or any part thereof, including the Content. Furthermore, you must refrain from using names, marks, or logos similar to our trademarks and logos, whether in domain names or any other context, to ensure the preservation of our goodwill.

Requesting Content Removal

If you or any third party deem it necessary to have certain Content removed from the Application (including your Website, if applicable), you have the option to submit a removal request. If you come across Content on the Application that is false, fabricated, misleading, or in violation of these Terms of Use, kindly report it to us by contacting support@utterbond.com.Each request will be carefully evaluated, and we will take the necessary actions to address the matter.

Application Changes and Discontinuation

We have the discretion to periodically update or enhance the Application, although we are under no obligation to do so. The frequency and extent of these updates will be determined by us, and you cannot raise any plea, claim, or demand against us or our Staff for these updates or their absence.

Furthermore, we reserve the right to modify the Application's features or temporarily or permanently suspend its operation at any time, without prior notice. Please note that these actions do not incur any liability on our part towards you.

Support, Availability, and Performance

The availability, performance, and functionality of the Application are influenced by several factors, including third-party software, hardware, and communication networks, for which we hold no responsibility. These factors are not immune to faults or errors. Occasionally, we may need to temporarily suspend the Application for maintenance and other operational purposes.

We provide no warranty regarding the uninterrupted, error-free operation of the Application. It may encounter disruptions, errors, or interruptions, and its accessibility or availability cannot be guaranteed at all times. The Application may also be vulnerable to errors, glitches, or unauthorized access. Please be aware that you will not be eligible for any form of compensation or refund in the event of such interruptions

Please note that the Application does not provide data backup services. This means that any Content or data uploaded, posted, or utilized by you or third parties through the Application is not backed up by the Application. You are solely responsible for maintaining appropriate backup measures for your data.

Throughout your subscription period, we are dedicated to providing you with technical assistance and support for any technical issues, questions, or inquiries related to the Application. Our support is available on our business days and during specified hours. We may collaborate with third-party experts to deliver efficient support. Detailed information regarding our support scheme, hours, and communication channels will be communicated to you separately.

We will make every effort to address your technical questions, problems, and inquiries within a reasonable time. However, there may be situations where we may choose not to provide support if we determine, at our sole discretion, that it would be impractical in terms of time, effort, costs, or expenses. We do not provide any warranties regarding specific response times or the complete resolution of every question, problem, or inquiry.

Updates to the Terms of Use

From time to time, we may revise the Terms. In such instances, we will provide you with advance notice of the amended Terms. By continuing to use the Application after the amended Terms take effect, you are indicating your consent to the updated Terms. The latest version of the Terms will be accessible within the Application. If you do not accept the revised Terms, these Terms will be terminated by the provisions outlined in the "Effects of termination" section.

To maintain clarity, we may occasionally make modifications to the Acceptable Use Policy. You will be notified in advance of any changes. By continuing to use the Application once the amended Acceptable Use Policy takes effect, you are indicating your consent to the updated policy.

Warranty Disclaimer

Please be aware that the Application is provided to you "as is" and "with all faults." We and our staff expressly disclaim all warranties and representations, whether express or implied, regarding the Application, Content, your Website, your Subscription, the Fees and Billing, Billing Information, any interactions related to the Application, and any third-party software, hardware, or platform. This includes but is not limited to, warranties of merchantability, fitness for a particular purpose, quality, reliability, non-infringement, title, compatibility, performance, availability, safety, security, or accuracy.

Limitation of Liability

We want to make it clear that any communications and interactions between you and third parties, including users, are solely your responsibility. We are not involved in those communications, interactions, dealings, engagements, and transactions. Therefore, you assume full and exclusive responsibility for them. Please understand that your use of the Application is at your own sole risk, and we are not liable for any consequences that may result from such interactions.

To the maximum extent permitted by applicable law, we, including our staff, shall not be liable for any indirect, special, punitive, exemplary, statutory, incidental, or consequential damages, or any similar damage or loss, including but not limited to loss of profit and loss of data, costs, expenses, and payments. This applies to any damage or loss arising from or in connection with the Application, the content, your website other details, the fees and billing, the use of, or the inability of you or third parties to use the Application, your subscription, any communication or interactions with the Application, or any communications, interactions, dealings, engagements, and transactions with others on or through the Application. It also includes any reliance upon the Application or any content uploaded or available to the Application, any failure, error, or breakdown in the function of the Application, any reliance made by you on third-party software, hardware, or platform, any fault or error made by our staff, any denial or cancellation of your subscription, or any retention, deletion, disclosure, and any other use or loss of content on the Application.

To the greatest extent permissible under applicable law, our liability for any damages will not exceed the fees you paid (if any) in connection with the Application, during the twelve (12) months preceding the event that allegedly gave rise to the claimed damage. This limitation applies to all types of damages, whether they are direct, indirect, incidental, consequential, or any other form of damage.

Indemnification and Defense

You agree to indemnify, defend, and protect us and our staff, at your own expense, against any damages, losses, costs, and expenses, including legal fees and expenses, resulting from any claim, allegation, or demand arising from or related to your use of the Application, your Website, any Content, your violation of the Terms, your fraudulent actions, or your breach of other applicable terms, rules, or regulations. You agree to promptly respond to written notices and take necessary actions to defend us against such claims.

Publicity and Recognition

As a user of the Application, you consent to Utterbond showcasing your affiliation with the Application by featuring your name and logo on Utterbond's website and other promotional materials.

External Sources Disclaimer

In the Application, you may encounter links to external websites or sources, which are not under our control. We want to emphasize that we do not endorse or support the content found on these websites. We are not able to verify the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of such content. Therefore, we cannot be held responsible or liable for any third-party websites or their content.

Applicable Law and Jurisdiction

These Terms and your use of the Application are governed by and interpreted following the laws of the State of India. Any conflicts of laws that may arise are hereby excluded, and the laws of the State of India shall prevail. Regardless of your place of residence or organization, or the location from which you access or use the Application, the State of India will be the exclusive jurisdiction for any disputes or legal proceedings related to these Terms or the use of the Application.

The courts located in the Surta, Gujarat district shall have exclusive and sole jurisdiction over any dispute, claim, or controversy arising from or relating to the Application and its use, as well as the validity, applicability, performance, or interpretation of these Terms. By using the Application, you and we both agree to submit to the personal jurisdiction of these courts in India and waive any objections to such jurisdiction or forum non conveniens.

In addition to the exclusive jurisdiction mentioned above, we reserve the right to bring a claim against you in any court with general jurisdiction over you for interim, emergency, or injunctive relief. Furthermore, by the indemnity clause stated earlier, we may assert a claim against you in any court handling a third-party claim against us.

General

These Terms represent the complete agreement between you and us regarding the subject matter discussed herein, replacing all previous and concurrent negotiations, oral representations, agreements, and statements.

Any waiver, concession, extension, representation, alteration, addition, or derogation from the Terms by us, or according to the Terms, shall only be valid if expressly consented to and executed in writing by our authorized representative.

The fact that we do not insist on the performance of any provision in the Terms does not imply a waiver of our rights under the Terms. Our rights and remedies under the Terms remain intact and can be enforced as needed.

Your rights and obligations under the Terms may not be assigned or transferred without our prior written consent, which will not be unreasonably withheld. Any attempted assignment or transfer without our consent will be invalid. However, we reserve the right to assign these Terms, including all rights, duties, liabilities, and obligations, to a third party upon providing notice to you and without needing your additional specific consent, in the event of a merger, acquisition, change of control, or the sale of our equity or assets. The assignee will assume our position, including all rights, duties, liabilities, and obligations.

The section headings included in the Terms are solely for convenience and do not play a role in the interpretation or construction of the Terms.

If any provision of the Terms is determined to be illegal, invalid, or unenforceable by a competent court, the provision shall be modified and enforced to the fullest extent permitted by law to achieve the original intent of that provision. The validity and enforceability of the remaining provisions of the Terms shall not be affected.

Contact Information

If you have any questions or inquiries regarding the Application, please feel free to reach out to us at support@utterbond.com. We are committed to providing excellent customer support and will be glad to address any inquiries you may have.