iAmX Software Solutions LLP (hereinafter referred to as “iAmX”, “we”, “us” or “our”) is a Limited Liability Partnership, registered under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at Villa 46, Windsor Luxury Homes by Subhishi, Mokila village, Shankarpally Mandal, Rangareddy, Telangana-501203, India. iAmX owns and maintains the website iamx.in, iamx.solutions, iamx.shop along with all of their sub-domains and a mobile application (collectively, the “Platform”) along with the iAmX software suite, which includes Store by iAmX, POS by iAmX, CRM by iAmX, and Deliver by iAmX (collectively, the “Software”).

1. Applicability of the Terms

• These Terms of Service (“Terms”) govern your access to and use of the iAmX software suite, provided by iAmX. By accessing or using the Software, you (“Store Owner(s)”, “you”, or “your”) agree to be bound by these Terms, if you are based in India.
• You hereby agree and acknowledge that by using the Software, you expressly confirm that you have read, understood, and agree to comply with and be bound by the Terms. In the event you do not agree to any or all the Terms, you are requested not to access, use and/or register your account with us on the Platform.
• You understand that iAmX may amend the Terms from time to time as it may deem fit and necessary. Any amendment to the Terms shall be effective from iAmX’s posting of such updated Terms on the Platform and there shall not be any specific notice for the same, and you agree to be updated with the latest amendments, alternation, or modifications, so made by iAmX in the Terms.
• You agree and acknowledge that the Software, or the software application store that makes the Software available for download may include functionality to automatically check for updates or upgrades to the Software. Unless your device, its settings or Software does not permit transmission or use of upgrades or updates, you agree that iAmX, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device from time-to-time. You may be required to install certain upgrades or updates to the Software in order to continue to access (including upgrades or updates designed to correct issues).

2. Account Registration

• You represent and warrant that you are eligible as a Store Owner and have the legal authority to enter into these Terms and to use the Software on behalf of your business.

• To access and use the Software, you must create an account. You agree and acknowledge that you shall:
• • create only 1 (one) account using your credentials;
  • provide accurate, truthful, current/up-to-date and complete information while creating your account and in all your dealings through iAmX; and
  • maintain the security of your account by sharing the credentials with authorized personnel only and restricting access to your account.

• At the time of registering your account, you hereby confirm that:
• • you are not bankrupt;
  • you are not under any insolvency or restructuring procedures and no moratorium of payments has been granted; and
  • you are not subject to any investigation or prosecution by any authority.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to implement and maintain reasonable security measures to protect your account from unauthorized access. You agree to notify iAmX immediately of any unauthorized access to or use of your account. iAmX shall not be liable for any loss or damage arising from your failure to comply with this section.
• In the event iAmX finds the information so provided by you, to be untrue, inaccurate, outdated, or incomplete, then it shall be entitled to terminate your account and refuse current or future use of the Platform, or the Software and you shall be liable to indemnify and hold harmless iAmX and/or its affiliates, directors, representatives, employees, and agents to the extent of the loss incurred.
• iAmX will not be liable for any loss or damage arising from such refusal to use the Platform or the Software due to failure on your part to comply with the provisions of these Terms. Further, you agree to indemnify and hold harmless iAmX and/or its affiliates, successors, assigns, each of the directors, officers, employees, representatives and agents or any other third party, from any claims or damages suffered by them due to any unauthorized or impermissible use of the account.

3. Software Description

• iAmX provides the Software, a suite of software products designed to help retail store owners manage their internal operations, including store management, point of sale, inventory management, customer relationship management, delivery management and offers and discounts.
• The Software is provided on a subscription basis and may include various features and functionalities as described below:
  • Store Management: This feature of the Software shall provide Store Owners with the tools for managing various aspects of retail operations, including point-of-sale (POS) systems, product management, employee management, and customer interactions.
    • POS systems shall allow Store Owners to process transactions, accept various payment methods, and generate receipts.
    • It shall allow Store Owners to enable adding, editing, categorizing, and updating product information such as descriptions, prices and stock levels.
    • This feature shall assist Store Owners in scheduling shifts, tracking employee performance, and managing permissions and access levels.
    • It shall also help Store Owners in managing customer accounts, processing returns and exchanges, and generating loyalty rewards.
  • Inventory Management: This inventory management feature of the Software enables Store Owners to track, organize, and manage their inventory levels and stock movements efficiently. By using this feature of inventory management, Store Owners shall receive:
    • real-time monitoring of stock levels, including incoming and outgoing inventory;
    • insights into demand forecasting, stock replenishment, and inventory turnover rates to optimize stock levels;
    • unique identifiers to products for accurate tracking and management; and
    • notifications when stock levels fall below predefined thresholds to prevent stockouts.
  • Analytical Dashboard: The Software provides an analytical dashboard to Store Owners which has visual representations of key performance indicators (KPIs) and metrics to help businesses make data-driven decisions. This analytical dashboard shall provide the following features:
    • It shall allow Store Owners to create personalized dashboards with relevant metrics and visualizations;
    • It will help Store Owners to integrate data from multiple sources, including sales, inventory, and customer interactions, for comprehensive analysis;
    • It shall provide insights into sales trends, customer behavior, inventory performance, and revenue growth and
    • It will help Store Owners to compare its current performance against historical data or industry benchmarks to identify trends and patterns.
  • Order Fulfilment: This order fulfilment feature of the Software facilitates the processing and fulfillment of customer orders from order placement to delivery. The key features are as follows:

• • • This feature automates order processing tasks, including order confirmation, picking, packing and shipping;
    • It also provides updated order statuses, shipment tracking and delivery notifications;
    • It syncs inventory levels across sales channels to prevent overselling and stockouts; and
    • It also facilitates Store Owners to process returns if made by the customers, issue refunds or replacements (as the case maybe) and update the inventory stock accordingly.
  • Offers and Discounts:
    This feature of the Software shall enable all the Store Owners to give discounts and other offers on their products. The Store Owners through the Software will be able to (i) create and manage promotional offers, discounts, and deals to attract customers, (ii) scheduling offers, set eligibility criteria, and track offer performance, (iii) promote offers through multiple channels, including websites, emails, social media, and mobile apps and (iv) measure the effectiveness of offers by tracking metrics such as redemption rates, conversion rates, and revenue generated.
• You agree and acknowledge that you shall be responsible for all the costs so incurred on the use of offers, discounts and/or any other promotional campaign on the Platform.
• You have the right to end the promotional campaign, offer or discount at your sole discretion and iAmX shall not be liable to pay for any offers, discounts and other promotional campaigns so conducted by you.

4. Subscription and Billing

• The Software is offered on a subscription basis, with pricing and billing terms as specified during the sign-up process and on our website. iAmX reserves the right to modify the pricing and billing terms at any time with a 30-day notice period.
• You agree to pay all subscription fees in a timely manner and authorize iAmX to charge your provided payment method. If your payment method fails or your account is past due, iAmX may suspend or terminate your access to the Software.
• Unless otherwise specified, all fees are non-refundable. iAmX shall not be liable for any refunds or credits for partial months of service, downtime, or any other reasons.

5. Store Owner’s Obligations

• You undertake not to:
  • indulge in any unfair act or omission or commit fraud to gain an undue advantage while using the Software;
  • operate your business in a manner which is harmful to the goodwill and the reputation of iAmX;
  • engage in any illegal activity or perform any actions contrary to the applicable laws; and
  • violate any of the provisions of the Terms.

6. Intellectual Property

• The Software and all associated intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, are owned by iAmX or its licensors. These Terms do not grant you any rights to iAmX’s intellectual property except for the limited license granted below.
• Subject to your compliance with these Terms, iAmX grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software solely for your internal business purposes. This license does not include any resale or commercial use of the Software or its contents.
• You agree not to copy, modify, distribute, sell, or lease any part of the Software, or reverse engineer or attempt to extract the source code of the Software, unless expressly permitted by applicable law. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

7. Data Privacy and Security

• iAmX will collect, process, and store your data in accordance with our Privacy Policy, which is incorporated into these Terms. By using the Software, you consent to the collection, processing, and storage of your data as described in the Privacy Policy. Please click here to access the Privacy Policy of iAmX.
• iAmX implements reasonable security measures to protect your data from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure, and iAmX cannot guarantee the absolute security of your data.
• In order to keep your account safe, you agree to maintain the confidentiality of the username and password, and to change the password of the account periodically.
• You shall be responsible for maintaining the security of your account credentials and for all activities that occur under your account. You agree to notify iAmX immediately of any unauthorized access to or use of your account.

8. Indemnification and Limitation of Liability

• You agree to indemnify, defend, and hold harmless iAmX and its affiliates, officers, agents, partners, and employees from any claim, demand, loss, liability, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Software, your violation of these Terms, or your violation of any rights of another.
• To the maximum extent permitted by applicable law, iAmX and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, arising out of or in connection with your use or inability to use the Software.
• In no event shall iAmX’s total liability to you for all damages exceed the amount paid by you to iAmX for the Software in the 12 months preceding the date of the claim or fifty thousand rupees (₹ 50,000/-), whichever is greater.

9. Termination

• iAmX may terminate your access to the Software at any time without cause with a 30 (thirty) day notice period.
• iAmX shall also reserves the right to terminate or suspend your access to the Software immediately and without notice if you breach any provision of these Terms.
• You may terminate your subscription at any time by contacting iAmX support, subject to any applicable subscription terms. Upon termination, you shall lose all access to the Software, and iAmX shall have no obligation to maintain or provide your data.
• The provisions of these Terms by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• iAmX will not be liable for any costs, expenses, or damages as a result of the termination of these Terms.

10. Governing Law and Dispute Resolution

• These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
• Any dispute, controversy, or claim arising out of or relating to these Terms or the Software shall be resolved through arbitration in Hyderabad, India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration award shall be final and binding on the parties.

11. Amendments

• iAmX reserves the right to modify these Terms at any time, with the updated Terms becoming effective upon posting on our website. iAmX will provide a notice of the updated Terms on the Software or through other reasonable means.
• Your continued use of the Software after the posting of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Software.

12. Miscellaneous

• These Terms constitute the entire agreement between you and iAmX regarding the use of the Software and supersede any prior agreements or understandings, whether written or oral.
• If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.
• iAmX’s failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.
• You may not assign or transfer these Terms, by operation of law or otherwise, without iAmX’s prior written consent. iAmX may assign these Terms at any time without notice to you.
• These Terms do not create any partnership, joint venture, employment, or agency relationship between you and iAmX.

If you have any questions about these Terms, please contact us at support@iamx.in.