Terms of Service

These Terms of Service ("Terms") govern your access to and use of OctoMercato. OctoMercato is a product of Octoyoung Global Solutions Private Limited ("Octoyoung", "we", "us", "our"). By creating an account, subscribing to a plan, or using the platform, you agree to these Terms. If you do not agree, do not use the service.

1. The service

OctoMercato provides hosted e-commerce software: storefronts, catalogue and order management, payments integration, reporting, and optional messaging and social integrations. Features depend on your plan and may change over time. We may add, modify or retire features, and will give reasonable notice of material changes that adversely affect paid plans.

2. Eligibility and accounts

• You must be at least 18 years old and legally able to enter into a contract.
• You must provide accurate account and business information and keep it current.
• You are responsible for safeguarding your credentials and for all activity under your account.
• You must notify us promptly of any unauthorised access.

3. Plans, billing and refunds

• Paid plans are billed through our payment processor for the period shown at checkout. Prices are exclusive of applicable taxes unless stated otherwise.
• Subscriptions continue for the term you selected. Where a plan renews, it renews for the same period unless cancelled before the renewal date.
• Free trials, if offered, convert or expire as described when you start them. Expired trials may have their storefront access limited or removed after the stated grace period.
• Refunds are available where required by law or where expressly stated at checkout. Charges for periods already used are generally non-refundable.
• We may change prices with reasonable advance notice. Changes apply from your next billing period.

4. Your responsibilities as a merchant

• You are solely responsible for the products and services you sell, including their legality, quality, pricing, availability, taxes, invoicing, shipping, returns, warranties and customer service.
• You must comply with all applicable consumer protection, tax, e-commerce and sector-specific laws.
• You must publish your own store policies (shipping, returns, privacy) and obtain any consents your customers require.
• You must not use the platform to sell prohibited or restricted goods, or to mislead customers.
• You are responsible for the accuracy of content you upload and for having the rights to use it.

5. Acceptable use

You must not, and must not permit anyone to:

• break any law or infringe the rights of others;
• send unsolicited or bulk messages, spam, or messages that violate a platform's policies;
• upload malware or attempt to gain unauthorised access to the service or other accounts;
• scrape, reverse engineer or resell the service except as permitted in writing;
• use the service to harass, defraud, or discriminate against any person;
• interfere with the operation, security or integrity of the platform.

We may suspend or remove content or accounts that breach these Terms, and may report unlawful activity to the authorities.

6. Instagram and other social integrations

If you connect an Instagram professional account or another social channel:

• You confirm that you own or are authorised to manage that account and to grant the permissions requested.
• You must comply with the platform's terms and policies, including Meta's Platform Terms and Instagram's automated-messaging rules.
• You acknowledge the technical limits of those platforms: automated messages are generally permitted only within the messaging window that opens after a person contacts you; a comment may receive only one private reply; and unsolicited direct messages are not permitted.
• You are responsible for the content of the replies you configure, for obtaining any consent required, and for identifying automated experiences where required by law.
• We may pause or disable an integration if a platform restricts access, if a token expires, or if we reasonably believe the integration breaches platform rules.

Social platforms are independent third parties. We do not control them and are not responsible for their availability, decisions or changes.

7. Data protection

For personal data relating to your customers, you are the controller and we act as a processor on your documented instructions. Our processing is described in our Privacy Policy. We will assist you with reasonable requests to meet your obligations, and will notify you of a personal data breach affecting your data without undue delay. A data processing agreement is available on request.

8. Intellectual property

• We and our licensors own the platform, software, design system and trademarks. These Terms do not transfer ownership.
• You retain ownership of the content you upload. You grant us a limited, worldwide licence to host, reproduce, display and transmit that content solely to operate the service for you.
• You must not remove proprietary notices or use our marks without permission.

9. Availability and support

We work to keep the service available and secure, but we do not guarantee uninterrupted or error-free operation unless a separate written service-level agreement says otherwise. Scheduled maintenance, third-party outages (including hosting, payment and social platforms) and events beyond our reasonable control may affect availability.

10. Suspension and termination

• You may stop using the service and cancel your subscription at any time. Cancellation takes effect at the end of the current billing period unless stated otherwise.
• We may suspend or terminate access for material breach of these Terms, non-payment, unlawful activity, or risk to the platform or other users.
• On termination, we may delete or de-identify your data after the retention periods described in the Privacy Policy. Export your content before terminating if you need it.

11. Disclaimers

The service is provided on an "as available" basis. To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will increase sales or meet any particular commercial outcome. Nothing in these Terms limits rights that cannot be limited by law, including consumer rights.

12. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our total aggregate liability arising from the service is limited to the fees you paid to us in the twelve months preceding the event giving rise to the claim. These limits do not apply to fraud, wilful misconduct, or liability that cannot be excluded by law.

13. Indemnity

You will indemnify and hold harmless Octoyoung and its officers, employees and contractors from claims, losses and expenses (including reasonable legal fees) arising from your products or content, your breach of these Terms, or your violation of law or third-party rights.

14. Governing law and jurisdiction

These Terms are governed by the laws of India. Subject to applicable consumer protection law, the courts having jurisdiction over the Company's registered office in India have exclusive jurisdiction over disputes.

15. Changes to these Terms

We may update these Terms from time to time. The effective date at the top will change. Material changes will be notified to merchants by email or in the admin panel before they take effect. Continued use after the effective date constitutes acceptance.

16. Contact

Octoyoung Global Solutions Private Limited
OctoMercato Terms Team
Email: info@octomercato.com
Alternate: info@octoyoung.com