Terms and Conditions - inkXE Product Designer Tool

ImprintNext Software is the proprietary software of ImprintNext Private Limited. The copyright owner and Licensor of the software is ImprintNext Private Limited. It is a downloadable software that requires payment of the license fee.

By purchase of the ImprintNext license the customer agrees to all the terms and conditions mentioned in this document and their legal rights and obligations concerning ImprintNext Product, Support, and Services. The customer is deemed to have read, understood, and accepted all such terms and conditions upon purchasing the ImprintNext Software.

1. Grant Of License

Upon the successful purchase of the license, ImprintNext will grant a non-exclusive and non-transferable license to the customer as long as the terms and conditions are accepted and abided by.

1.1 After purchasing the license, customers can install and use ImprintNext in three eCommerce Stores which the customer may own, lease, or control.

1.2 Customer agrees not to modify, enhance, reverse engineer, or alter the ImprintNext Software from its current state without prior written consent from ImprintNext Private Limited.

1.3 Customers will not have any proprietary rights to the ImprintNext software. Customer acknowledges and agrees that ImprintNext Private Limited retains all copyrights and other proprietary rights in and to the software.

1.4 Customers will not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease, or grant any further rights to use the software.

1.5 If the customer fails to abide by any of the terms and conditions set forth herein, your lIcense to use ImprintNext shall be immediately and automatically revoked without any notice.

1.6 License Validity:

ImprintNext (Essential/Pro/Enterprise) is applicable for a one-time payment and perpetual license validity. No monthly/annual fees will be charged by ImprintNext for the product. There are no hidden charges included. The client has to pay the exact amount quoted for the license which is inclusive of all the taxes.

2. Pricing and Payment Terms

2.1 ImprintNext provides multiple plans based on different features. All the pricing for plans is mentioned on the pricing page of the ImprintNext Website (www.ImprintNext.com/pricing). The license can be directly purchased from the website or through a bank transfer. ImprintNext Software license will be issued only after the payment has reached in full to ImprintNext.

2.2 The price mentioned on the pricing page of ImprintNext is in US Dollars. Customers may choose to pay with their currency based on the conversion rates.

2.3 The pricing mentioned on the pricing page of ImprintNext is inclusive of all the taxes and is final. No split payment, negotiations will be appreciated on the final price. However, it completely depends on the sales department of ImprintNext Private Limited, in case they can create a room for seasonal discounts/offers.

2.4Customers can choose to pay using an accepted Credit or Debit card or route wire transfer funds in accordance with invoice instructions.

2.5 A payment confirmation email will be sent via the sales department of ImprintNext to ensure the paid amount got successfully credited to the ImprintNext account.

2.6 For bank transfers, it takes 3-5 business days for the amount to get credited. Customers have to wait until the amount reflects in the ImprintNext account.

3. Limitation of Liability

3.1 ImprintNext in any way will not be liable for the content, products, graphics, material used by the customer on their website, eCommerce Store, or mobile applications. Any content or activities from the customer end will never be attributed to ImprintNext.

3.2 ImprintNext and its employees, agents, partners, and its legal representatives shall not be liable for any direct/indirect damage, loss of profits, loss of revenues or opportunities, downtime, or any consequential damages or costs, including financial loss.

3.3 Customer agrees not to held ImprintNext responsible or liable for any failure to perform or delay in performing its duties, services and obligations which is beyond the control of ImprintNext, such as war, natural calamities, pandemics, legal obstacles or government restrictions. ImprintNext is committed to minimize the effects of any of these events and to make sure customer’s business will not be affected.

4. Warranties

Except as expressly stated in the terms and conditions in this document, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.

5. Refund/Money-Back Policy

5.1 All requests for a refund must be made within 30 calendar days from the date of purchase.

5.2 The refund authorization must be obtained by contacting the ImprintNext customer support team specifying valid reasons for the refund.

5.3 Customers must not chargeback, dispute, or reverse any payment made for the product after installation at any point in time. Issuing illegitimate chargeback, disputes would attract legal action. All refund requests must be processed and authorized through ImprintNext Customer Support.

5.4 Refunds will be processed after deducting 10% – 15% cancellation fees subject to processing fees, installation, activation, and 1-month support.

5.5 Refund requests will not be accepted after 30 calendar days of purchase.

5.6 Refund process will be initiated after 15-25 business days from the date of approval or authorization of request by ImprintNext Private Limited.

5.7 All source codes, files, and integrations related to data related to ImprintNext software must be deleted from the customer’s server once the refund request has been approved.

5.8 Customers, for whom ImprintNext worked on custom development based on specific business requirements, will not be eligible for refunds.

6. Custom Development

6.1 Custom development refers to the development of features by the ImprintNext Technical team based on specific business requirements of the customer. Custom Development may include the addition of new features, functionalities, changes to aesthetics, user interface, integration to a third-party application, integration to eCommerce Platform, modification of default behavior of the application, and any other changes that are not a part of the standard delivered product.

6.2 Custom software development will be performed by in-house development teams of ImprintNext Private Limited and is never outsourced to a third-party.

6.3 Custom Software Development may be divided into multiple Milestones. After the delivery of the Milestone, the Customer must acknowledge and approve the delivery to initiate the next Milestone. The customer must make the upfront payment before the start of every milestone.

6.4 If the customer modifies/changes requirements during the custom development phase, then it will be approved by ImprintNext only if the human resources are available and the requirements are technically doable. Changes in requirements will affect the cost of development and delivery dates.

6.5 Refund Policy will not be applicable for Custom development. Customers agree not to chargeback, dispute, or reverse any payment made once the custom development work is delivered. Issuing illegitimate chargeback, disputes would attract legal action.

7. ImprintNext Support

7.1 ImprintNext offers free support & upgrade from 2- 24 months depending on the subscribed plan of the customer. ImprintNext Provides a Support Portal for customers to report product errors/issues.

7.2 After free support is over, the customer may pay for tech support only when he needs it. Subscribing to support is not mandatory and it is not recurring. ImprintNext Support is on-demand support. The customer may opt for it when he needs it. Details of Support cost and duration is mentioned on the ImprintNext website (ImprintNext.io)

7.3 ImprintNext is compatible with the default layout and themes of supported eCommerce Platforms. If the customer’s website has a custom theme or third-party software that creates integration and installation issues, then the customer will pay for additional man-hours spent for installation.

7.4 Technical Service will be provided to the customer through a support portal. Customers may register 1-3 individuals, who are authorized to use ImprintNext Support Portal. Only Authorized Support Contacts may request Technical Support from ImprintNext.

7.5 Customers may report problems anytime 24/7 on the support portal. The response time varies depending upon the time of reporting, priority of the reported issue, and the plan the customer is subscribed to.

7.6 Customer must report only “bugs” or “errors” in ImprintNext software. “Error/Bug” means any operational failure of the ImprintNext Product to perform materially in accordance with the functional specifications.

7.7 Technical Support Team will assist the Customer in Product Training if the customer asks for it on the support Portal

7.8 Support Portal will provide the customer with Product documentation and walkthrough videos for self-help.

7.9 Customer must mention the priority of the issues as mentioned below

a) CRITICAL - Any Error that makes the product non-functional. This has to be fixed immediately within 24 hours.

b) HIGH - The product is operational but major functionalities are not working properly.

c) MEDIUM - Any error that is important to fix but does not affect basic functionalities and operation of the product

d) LOW - Any error that does not belong to the above three categories.

7.10 ImprintNext Support team is available in business hours from 9:00 A.M. through 5:00 P.M, Central European Time, Monday through Friday, for Standard Support. For Critical Issues, the Team is available beyond business hours.

7.11 Support Exclusion:

Support Services will not include the followings :

a) Issues or Failures arising for not meeting the hardware, software, and server requirements required by the ImprintNext Software.

b) Customers are trying to report an enhancement, feature, or a specific business requirement as an error/bug.

c) Repeatedly mentioning the wrong priority of bugs.

d) Integration of external or third party software other than the eCommerce platform and ancillary services required by ImprintNext

e) Issues arising from improper installation/upgrade/integration of third-party software from the customer’s end.

f) Changing themes, aesthetics, and designs beyond the scope of ImprintNext integration.

g) Use of the Software with unsupported tools, APIs, and external software.

h) If Support fees, license fees, or other amounts in connection with the ImprintNext Product or service is due.

i) Issues caused by modification of ImprintNext Code by unauthorized personnel.

j) The need for technical support arises from (i) failure of server hardware, equipment, or software not supplied by ImprintNext; (ii) the negligence of Customer or any other third party; (iii) a cause or causes beyond the reasonable control of ImprintNext;

k) Any customized modification done by ImprintNext specifically for Customers as part of additional custom development services will not be under free support.

l) ImprintNext will not be obligated to provide free support and services if the above-mentioned terms are not met. The customer may opt for paid services that are subjected to approval and availability of the tech support team.

7.12 Customer Responsibility:

a) Customer must provide all the required access, information, and cooperation to the ImprintNext Support Team for installation, upgrades, maintenance, and support. Customer’s delay or failure in providing the required details and non-cooperation will relieve ImprintNext of its obligation for support as it is dependent on the customer’s cooperation and involvement.

b) Customers must make reasonable efforts to identify and resolve the problem as per the consultation with ImprintNext Technical support Team.

c) Customers will provide all the contact details of individuals who are authorized to create support requests.

d) Customer is responsible for maintaining required server resources, hardware, required software, storage, backups, and other requirements ancillary services and infrastructure as suggested by the ImprintNext Technical team for smooth running of the product. Failure to meet the recommended requirements may result in performance and functional issues for which ImprintNext will not be held accountable.

e) The support is provided through the Support portal, email, and Skype. The customer must abide by the tech support protocols based on the plan he is subscribed to. The customer must not use any other channels of communication or try to contact any other employee or management regarding product issues. The support team will be solely responsible for resolving all the issues faced by the customer.

f) Customer must not add any malicious script/source code to ImprintNext integration and code files. Customers must refrain from adding/deleting/altering files of ImprintNext software and must not allow unauthorized personnel to copy/upload/delete/manipulate ImprintNext Source code without authorization of ImprintNext. This will void the support terms and ImprintNext will not be accountable for any issues or errors arising from the above-mentioned act of the customer.

g) Customer will be solely responsible for maintaining any external, third-party and other software installed on its server. ImprintNext will in no way be responsible for any alteration, deletion or operation of the software other than ImprintNext.

h) Customer agrees not to contact/persuade/negotiate with the support team and other related team members of ImprintNext except the support portal. Customers may choose to use IM calls, remote meeting software based on the priority of the issues, and the support plan the customer is subscribed to.

8. ImprintNext Updates:

8.1 ImprintNext Private Limited releases major versions of the product every quarter. Hotfixes, Bug fixes, and patches are released periodically.

8.2 ImprintNext customer support team installs the upgrades to the eligible customers.

8.3 Upgrades are chargeable for Customers who have done custom development with specific business requirements.

8.4 For some customers the upgrade may lead to incompatibility with certain external software. It will demand integration changes and data migration. In that case, the upgrade will be chargeable.

8.5 Major Security patches might be mandatory to upgrade but other upgrades might be skipped or done based on the decision of the customer. The customer will be given complete details of the upgrade and will be done only with the consent of the customer.

9. Terms Of Use For Third Party Integration

9.1 Definition: Third Party Software means software that is: developed for general commercial use; available to the public; or not developed for the customer specifically. Third Party Software includes without limitation: commercial off-the-shelf software; operating system software, server software, application software, tools, addons, extensions, plugin, themes, utilities, testing tools, monitoring software, development software including object code, binary code, source code, libraries, routines, subroutines or other code, and any commercial, open-source and freeware Software.

9.2 ImprintNext is designed to work with third party software like eCommerce themes, addons, extensions and other server and application softwares. If the customer already uses or will use a third party software in future, which conflicts with imprintNext Integration, then ImprintNext provides paid technical support to solve the issues related to imprintNext's integration with the third party software.

9.3 On request of the customer imprintNext will deploy its technical support team based on their availability to fix the integration issues. Customer agrees to make the payment for the man hour spent on fixing imprintNext integration issues with the third party software. Customer further agrees once such service is availed by the customer, all payments made by the customer for technical support, license cost or any other cost for technical support, consultation will be irrevocable, non-refundable, and non-creditable.

9.4 Before using any of the third party integrations, our Customers are encouraged to (i) review the terms on the basis of which the relevant third party provides its product or service that is subject of the integration; and (ii) to review personal and technical security of the product or service that is subject of the integration. ImprintNext shall rely that the Customer has conducted the review before using any software.

9.5 Customer acknowledges that (i) ImprintNext has no control over the service or product which is subject of the integration, (ii) Customer has read and understand the terms on the basis of the relevant third party software provides its product or service which is subject of the integration, (iv) Customer uses third party integration at its own risk.

9.6 Customer hereby agrees that ImprintNext shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage customer may suffer in connection with the privacy issues, security loopholes or any other issues or bugs created by the third party software integration.

10. Confidential Information

10.1 Customer acknowledges that ImprintNext Software Product contains trade secrets, know-how, patent, proprietary, and confidential information of a commercial or technical nature and are valuable property of ImprintNext Private Limited. The customer agrees to protect the Confidential Information with the same confidentiality protections as are used or should be used for its confidential information, and in any case, shall make the best effort to protect such Confidential Information. Confidential Information is and remains the sole property of ImprintNext Private Limited (or its licensors, if any). The customer shall not reverse engineer any section of the product.

10.2 Customer Confidential Information may be disclosed by ImprintNext Private Limited to its officers, employees, agents, insurers, and professional advisers, provided that the ImprintNext is bound in writing to maintain the confidentiality of the Customer Confidential Information disclosed.

11. Severability

If any provision contained in the Agreement is or becomes ineffective or is held to be invalid by a competent authority or court, all other provisions of the Terms shall remain in full force and effect, and the Customer and ImprintNext Private Limited shall agree in good faith to substitute the ineffective or invalid provision by a valid and enforceable provision having an economic effect as similar as possible to the original provision.

12. Prohibited Uses

Customers agree not to use ImprintNext Software Product in any way that violates federal, state, local, or international law and regulation. The customer agrees not to violate any intellectual property rights, copyrights.

13. Force Majeure

Customer agrees not to hold ImprintNext Private Limited, its associates, partner, employees, and legal representative liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, pandemics, malicious hacking attempts, war, civil unrest, terrorist action, government regulations, Act of Nature or other causes which are unavoidable and beyond the reasonable control of the ImprintNext Private Limited claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.

14. Termination

14.1 Customers are free to stop using ImprintNext Software and services at any time. ImprintNext reserves the right to suspend or terminate product licenses and support contracts with customers if terms and conditions are violated. Customers must cease to use the product after receiving the termination notice over email.

14.2 All the provisions of the terms and conditions which by their nature should survive termination of this agreement shall survive termination.

15. Discontinuation of Service

ImprintNext may choose to discontinue service and support for unforeseen reasons which is beyond the control of ImprintNext. This will be notified to the customer and the necessary actions will be taken.

16. Legal Venue and Governing Laws

ImprintNext terms shall be governed by and construed in accordance with the law of the Republic of India. Disputes arising in connection with these Product Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Bhubaneswar, Odisha (India). All dealings, correspondence, and contacts between us shall be made or conducted in the English language.

Acceptance and Decline

Ensuring that the customer has read and understood the above terms and conditions and accepts the above policies before purchasing the license.

If a customer doesn’t agree to the terms and conditions, he must not proceed with the purchase. By continuing with the purchase, the customer agrees to be bound by the Terms and Conditions mentioned above.

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