Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the services provided by Appify Retail Private Limited, a company incorporated under the laws of India, with its registered office in Hyderabad, Telangana. By signing up for, accessing, or using our services, you agree to be bound by these Terms. If you do not agree, do not use the services.

These Terms should be read alongside our Refund Policy and Privacy Policy, which form part of your agreement with us.

1. Definitions

In these Terms:

• "Services" means the Appify platform, including AI-generated web and mobile storefronts, payment processing facilitation, push notification delivery, order management, and related features, as described on appi-fy.ai and made available from time to time.
• "Merchant" means a business or individual that signs up for an Appify account to operate one or more storefronts.
• "Customer" means an end user who purchases products from a Merchant Storefront.
• "Merchant Storefront" means a storefront generated and operated through Appify on behalf of a Merchant.
• "Merchant Content"means the brand identity, product descriptions, product imagery, copy, pricing, and other content that the Merchant provides to Appify, or that Appify generates on the Merchant's behalf from inputs the Merchant provides.
• "Customer Data" means information about Customers collected through a Merchant Storefront, including names, contact details, addresses, order histories, and payment metadata.

2. Eligibility

2.1 Who may use the Services

Appify is primarily intended for businesses and individuals operating in India. Merchants located outside India may be onboarded on a case-by-case basis, subject to Appify's prior written approval and the availability of compatible payment processing.

2.2 Capacity to contract

You represent that you are legally competent to enter into a binding contract under the Indian Contract Act, 1872 (which in India means, among other things, that you are at least 18 years of age and of sound mind). If you are signing up on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2.3 Accurate information

You agree to provide accurate, current, and complete information during sign-up and to keep that information updated. Appify may suspend or terminate accounts found to contain materially false information.

3. The Services

3.1 What Appify provides

Appify provides a platform that enables Merchants to:

• Generate AI-powered web and mobile storefronts based on Merchant-provided business inputs (the "Storefront");
• Accept payments from Customers through our integrated payment partners;
• Send push notifications to Customers who have opted in;
• Manage orders, inventory, and basic merchant operations through the Appify dashboard;
• Access other features Appify makes available from time to time.

3.2 What Appify does not provide

For clarity, Appify does not:

• Manufacture, stock, ship, or fulfill any products sold through Merchant Storefronts;
• Determine the prices, return policies, or product quality offered by Merchants;
• Act as the seller, importer, or merchant of record for transactions on Merchant Storefronts. Each transaction is a contract between the Customer and the Merchant.

3.3 Modifications to the Services

Appify continuously improves the Services. We may add, modify, or remove features at any time. Material reductions in functionality affecting active Merchants will be communicated by email at least 14 days in advance where practicable.

4. Merchant Accounts and Storefronts

4.1 Account creation

To use the Services, you must create a Merchant account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.2 Storefront review and rejection

Appify reserves the right to review any Merchant Storefront before or after it goes live, and to reject, edit, suspend, or remove storefronts that, in our reasonable judgment, violate these Terms, the Acceptable Use Policy (Section 6), or the prohibited-categories rules of our payment partners (Section 5.2).

4.3 Storefront content responsibility

The Merchant is solely responsible for the accuracy, legality, and quality of all content displayed on its storefront, including product descriptions, prices, images, claims, and fulfillment commitments — regardless of whether that content was generated by Appify's AI or supplied directly by the Merchant. AI-generated content should be reviewed by the Merchant before publication.

5. Payments and Prohibited Categories

5.1 Payment processing through partners

Appify facilitates payment processing through third-party payment partners, currently including Razorpay and Freecharge. By using the Services, you agree to also be bound by the terms of service of the applicable payment partner. Appify is not itself a payment aggregator or banking institution.

5.2 Prohibited categories

Merchants may not sell, offer, or promote products or services that fall within the prohibited categories of our payment partners, as defined by those partners from time to time. Without limitation, these typically include weapons, illegal drugs, adult content, certain types of gambling, multi-level marketing schemes, and other categories listed in the relevant partner's published policies. It is the Merchant's responsibility to verify that its line of business complies with all applicable partner policies.

5.3 Settlement and fees

Appify's pricing, including subscription fees, build fees, and applicable revenue share, is published at appi-fy.ai/pricing and confirmed at the time of sign-up. Payment partner fees and any pass-through chargeback fees are governed by the Refund Policy and the terms of the applicable payment partner.

6. Acceptable Use Policy

When using the Services, you agree not to:

• (a) Use the Services for any unlawful purpose or in violation of any applicable law, regulation, or third-party right;
• (b) Send unsolicited bulk communications (spam) through Appify's push notification, email, or messaging features;
• (c) Misrepresent your identity, your business, your affiliation with any person or organization, or the nature, origin, or characteristics of products sold on your storefront;
• (d) Interfere with, disrupt, or attempt to gain unauthorized access to the Services, Appify's infrastructure, or the accounts of other Merchants or Customers;
• (e) Reverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent expressly permitted by applicable law;
• (f) Use automated means (scraping, bots, crawlers) to access the Services in a manner that imposes an unreasonable load on our infrastructure, or to extract data about other Merchants or Customers;
• (g) Engage in abusive, threatening, harassing, or discriminatory conduct toward Appify's staff, support, or other users;
• (h) Use the Services to facilitate fraud, money laundering, or any activity that violates anti-money-laundering or counter-terrorist-financing laws.

Violation of this Acceptable Use Policy is grounds for immediate suspension or termination of your account.

7. Intellectual Property

7.1 Merchant ownership

The Merchant retains all rights, title, and interest in:

• The Merchant's brand identity, trademarks, and trade names;
• Product descriptions, pricing, imagery, and other content the Merchant provides;
• AI-generated outputs created for the Merchant's storefront based on the Merchant's inputs, including generated copy, generated product descriptions, generated design choices specific to the storefront, and similar deliverables;
• Customer Data collected through the Merchant Storefront.

The Merchant retains ownership of Customer Data both during the subscription period and after termination of the Merchant's account, and may export Customer Data through tools Appify provides for this purpose.

7.2 Appify ownership

Appify retains all rights, title, and interest in:

• The Appify platform, including its software, codebase, infrastructure, and user interface;
• The underlying artificial intelligence models, prompts, training data, and algorithms used to generate storefronts;
• Trademarks, branding, and other intellectual property of Appify and Appify Retail Private Limited;
• Aggregate, anonymized, and de-identified data derived from Merchant and Customer interactions with the Services, as further described in Section 7.3.

7.3 Aggregate and anonymized data

Appify may collect, generate, and use aggregate, anonymized, and de-identified data derived from Merchant Content, storefront performance, and Customer behavior across the platform, for purposes including improving our AI models, benchmarking, analytics, and research. Such data does not identify any individual Merchant or Customer. This right survives termination of these Terms.

7.4 License to operate

The Merchant grants Appify a non-exclusive, worldwide, royalty-free license to host, display, transmit, process, and distribute Merchant Content and Customer Data solely for the purpose of providing the Services to the Merchant and its Customers, and as otherwise permitted under our Privacy Policy. This license terminates when the Merchant's account is terminated, except to the extent necessary for Appify to comply with applicable law or to retain aggregate anonymized data as described in Section 7.3.

8. Third-Party Services

The Services rely on and integrate with certain third-party services, including:

• Razorpay and Freecharge (payment processing)
• Vercel (hosting and content delivery)
• Supabase (database and authentication infrastructure)
• Anthropic (AI model APIs)
• Twilio (SMS and communication infrastructure)

Use of these third-party services is subject to the terms and privacy policies of each respective provider. Appify is not responsible for the acts or omissions of these third parties, including any service interruptions, data breaches, or changes to their terms.

9. Data Protection

Appify processes personal data, including Customer Data, in accordance with our Privacy Policy and applicable laws, including the Digital Personal Data Protection Act, 2023("DPDP Act") and the Information Technology Act, 2000. For the purposes of the DPDP Act:

• The Merchant is generally the Data Fiduciary with respect to Customer Data collected through its storefront, as the Merchant determines the purposes and means of processing.
• Appify acts as a Data Processor, processing Customer Data on behalf of the Merchant and under the Merchant's instructions, as well as a Data Fiduciary in its own right for limited purposes (such as platform administration, security, and the aggregate uses described in Section 7.3).

The detailed arrangement is set out in our Privacy Policy.

10. Disclaimers and Limitation of Liability

10.1 Services provided "as is"

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Appify makes no warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, except as expressly stated in these Terms.

10.2 AI-generated content disclaimer

Appify uses artificial intelligence to generate storefronts, product descriptions, and other content. AI-generated content may contain errors, inaccuracies, or biases. The Merchant is responsible for reviewing and approving AI-generated content before relying on it. Appify does not guarantee the accuracy, completeness, or suitability of AI-generated outputs for the Merchant's specific business needs.

10.3 Limitation of liability

To the maximum extent permitted by applicable law, Appify's total aggregate liability to any Merchant arising out of or in connection with these Terms, the Services, or any related cause of action, shall not exceed the total fees actually paid by the Merchant to Appify during the twelve (12) months immediately preceding the event giving rise to the claim.

10.4 Exclusion of indirect damages

In no event shall Appify be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, loss of business, loss of revenue, loss of goodwill, business interruption, or loss of data, whether arising in contract, tort (including negligence), or otherwise, even if Appify has been advised of the possibility of such damages.

10.5 Nothing excludes non-excludable liability

Nothing in these Terms excludes or limits liability that cannot, under applicable law, be excluded or limited — including, where applicable, liability for fraud, gross negligence, or breach of mandatory consumer protection rights.

11. Indemnification

The Merchant agrees to indemnify, defend, and hold harmless Appify, its directors, officers, employees, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• (a) The Merchant's use of the Services;
• (b) The Merchant's products, services, or fulfillment thereof, including any claim by a Customer that a product was defective, not as described, infringed third-party rights, or violated applicable law;
• (c) The Merchant Content, including any claim that Merchant Content infringed third-party intellectual property rights or violated applicable law;
• (d) The Merchant's breach of these Terms, the Acceptable Use Policy, or the prohibited-categories rules of payment partners;
• (e) The Merchant's violation of applicable laws or regulations, including consumer protection, data protection, tax, and advertising laws.

Appify will provide the Merchant with prompt written notice of any claim subject to indemnification under this Section, and will reasonably cooperate with the Merchant's defense (at the Merchant's expense). Appify reserves the right to assume the defense and control of any matter for which the Merchant is required to indemnify Appify, at the Merchant's expense.

12. Term and Termination

12.1 Term

These Terms are effective from the date you create a Merchant account and continue until terminated by either party in accordance with this Section.

12.2 Termination for convenience

Either the Merchant or Appify may terminate the agreement, for any reason or no reason, by providing 30 days' written notice to the other party. Written notice may be given by email to the contact addresses on file.

12.3 Immediate termination by Appify

Appify may suspend or terminate the Merchant's account immediately and without prior notice if:

• (a) The Merchant materially violates the Acceptable Use Policy (Section 6);
• (b) The Merchant operates in a prohibited category as defined by our payment partners (Section 5.2);
• (c) The Merchant engages in fraud, money laundering, or any other illegal activity;
• (d) Our payment partner suspends, terminates, or refuses to process payments for the Merchant's account, for any reason;
• (e) Continuing to provide the Services to the Merchant would, in Appify's reasonable judgment, expose Appify to legal, regulatory, or reputational harm;
• (f) Required by applicable law, regulation, or court order.

12.4 Non-payment

If the Merchant fails to pay any amount due under these Terms, Appify will provide written notice of the non-payment. If the Merchant does not cure the non-payment within seven (7) daysof such notice, Appify may suspend or terminate the Merchant's account.

12.5 Consequences of termination

On termination:

• The Merchant's access to the Services ends;
• Appify will provide the Merchant with a reasonable opportunity (at least 30 days, except where termination is for cause under Section 12.3) to export Customer Data and Merchant Content through tools Appify provides;
• Outstanding fees become immediately due and payable;
• The provisions of these Terms that by their nature should survive termination — including Sections 7, 9, 10, 11, 12.5, 13, and 14 — survive.

13. Governing Law and Disputes

13.1 Governing law

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles.

13.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between Appify and the Merchant — including any question regarding the existence, validity, or termination of these Terms — shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time.

• The arbitration shall be conducted by a sole arbitrator, mutually appointed by the parties. If the parties cannot agree on an arbitrator within 30 days, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.
• The seat and venue of arbitration shall be Hyderabad, Telangana, India.
• The language of arbitration shall be English.
• The arbitrator's decision shall be final and binding on both parties.

13.3 Courts

Subject to Section 13.2, the courts at Hyderabad, Telangana, India shall have exclusive jurisdiction over any matter not subject to arbitration, including any matter relating to interim relief, enforcement of an arbitral award, or any other proceeding not falling within the scope of Section 13.2.

13.4 Consumer rights

Nothing in this Section limits any rights that a Customer may have under the Consumer Protection Act, 2019, or other applicable consumer protection law.

14. General

14.1 Entire agreement

These Terms, together with the Refund Policy, Privacy Policy, and any plan-specific terms agreed at the time of sign-up, constitute the entire agreement between you and Appify with respect to the Services and supersede all prior agreements, communications, and understandings.

14.2 Amendments

Appify may amend these Terms from time to time. Material amendments will be communicated to active Merchants by email at least 14 days before they take effect. Continued use of the Services after the effective date of an amendment constitutes acceptance.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other.

14.5 Assignment

The Merchant may not assign or transfer its rights or obligations under these Terms without Appify's prior written consent. Appify may assign these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.

14.6 Notices

Notices to Appify shall be sent to support@appi-fy.ai. Notices to the Merchant shall be sent to the email address on file for the Merchant's account.

14.7 Relationship of the parties

Appify and the Merchant are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between them.

14.8 Force majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, civil unrest, pandemics, government action, internet or infrastructure failures, or failures of third-party services.

14.9 Contact

Questions about these Terms may be sent to:
Appify Retail Private Limited
Hyderabad, Telangana, India
Email: support@appi-fy.ai