Legal

Build Your Shop Supplemental Terms and Conditions

These supplemental terms and conditions (“Supplement”) are part of an agreement for certain Sinch India services (“Agreement”) between Sinch India and Customer and apply solely to the Sinch India services referencing this Supplement. The Build Your Shop module (“BYS”) is an optional feature within the Sinch Converse Platform (“Converse”) that enables registered Customers to create and manage their digital storefront interfaces, collectively, BYS and Converse shall be referred to as the “Services”.

Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the General Terms and Conditions for Sinch India Services (“GTC”).

Part A – Legal Terms

A1. Services. BYS provides Customers with a communication and engagement interface. Sinch India acts only as a technology and communication enabler, providing tools to the Customer to (i) create and host digital storefronts, (ii) facilitate product catalogue and inventory management, and (iii) support customer interactions, order collection, and notifications. Sinch India does not buy, sell, promote, advertise, or deliver any goods or services on behalf of the Customer.

A2. Supply of Customer Services. The Customer shall inform the End Users that it is the source and supplier of the goods or services offered by the Customer via the Services. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service and Customer Service including but not limited to the Customer Data. Customer shall promptly inform Sinch India if it becomes aware of any violation of the terms of this paragraph.

A3. Prohibited Activities. Customer shall not use the Service to:

  1. display, market, or sell goods or services prohibited under any law of India;
  2. use misleading, obscene, defamatory, or infringing content;
  3. misrepresent association with Sinch India or imply endorsement by the platform; and
  4. host or transmit any malicious, harmful, or fraudulent data through the Service.

A4. Penalty. In the event that the Customer breaches its obligations under this Supplement, Customer shall pay to Sinch India penalty and fines imposed on Sinch India by any government or regulatory authority, operator, company, brand, platform, or any other third party, including reasonable legal fees, costs and expenses associated or in connection with such breach. Such payment shall be made within seven (07) business days from the date Sinch India notifies the Customer in writing regarding such breach. For avoidance of doubt, such payment shall be without prejudice to any other remedies available to Sinch India under this Agreement or under applicable laws.

A5. Suspension. Notwithstanding any other rights available to Sinch India under the GTCs, Sinch India reserves the right to review, restrict, or suspend Customer’s access to the Service if their content is found or suspected to violate applicable laws, regulatory guidelines, or policies. Automated or manual content moderation tools, including tools and services provided by third parties, may be used to identify restricted items or inappropriate language.

A6. Disclaimer. Sinch India shall not be liable to the Customer or any End User for any losses or claims arising from: (i) errors in BYS configuration, including the creation of customer groups, discount coupons, or marketing campaigns; or (ii) the accuracy, legality, or quality of Customer’s content, including but not limited to product titles, descriptions, pricing, images, and inventory levels uploaded by the Customer on BYS.

A7. Data & Privacy. Sinch India may process and use aggregated and anonymized data derived from the Services solely for purposes such as service improvement, performance monitoring, analytics, and regulatory or compliance reporting. All Customer Data shall remain the sole responsibility of the Customer. The Customer represents and warrants that it has implemented and shall maintain privacy policies and notices that clearly and accurately disclose its data collection, usage, storage, and sharing practices, including disclosure of data sharing with third parties such as payment gateways and other service providers, as applicable.

The Customer understands that the Material provided may be transmitted over different networks and may not always be encrypted. As a result, the Material may be adjusted, if necessary, to ensure it works properly with different networks or devices.

A8. Liability & Indemnity. Sinch India shall not be liable for any loss, claim, or dispute arising from transactions conducted through the Service, including product defects, delivery failures, returns, or refund-related issues. Customer agrees to indemnify and hold harmless Sinch India from any claims related to their use of the Service, product listings, communications, or customer interactions.

A9. Restrictions. Customer shall not:

  1. remove any identification, patent, trademark, copyright or other notice from the Service or any part of it;
  2. access, use, or copy any portion of the intellectual property of Sinch India (access to which is provided to the Customer as part of the Service) to directly or indirectly to develop, promote or support any product or service that is competitive with the Service or any part of it;
  3. disclose or publish performance or capacity statistics about the Service or any part of it; or
  4. use the Service in connection with any activity that may result in tangible or intangible personal property damage, or death or serious bodily injury.

A10. Modifications. Sinch India may amend, update, or modify the Supplement from time to time. Any violation of this Supplement may, at Sinch India’s sole discretion, result in temporary suspension or permanent termination of the Customer’s access to the Service. The Services comprise various features and functionalities, the availability of which may vary from time to time and across jurisdictions. Sinch India reserves the right to update, modify, enhance, or discontinue the Services, or any part thereof, at any time and without prior notice.

A11. Use of the Services. The Customer shall not, directly or indirectly, circumvent, bypass, or otherwise interfere with the technical, commercial, or operational mechanisms of the Services, including by diverting, redirecting, or encouraging End Users to complete transactions outside the BYS checkout or payment flow for the purpose of avoiding applicable fees or commissions. The Customer shall further not use any tools, workarounds, or methods to enable disabled features or functionalities, nor decompile, disassemble, or otherwise reverse engineer any part of the Services.

A12. Account ownership. The individual who registers for the Services by creating an account shall be the contracting party for the purposes of these Services (the “Store Owner”) and shall be the authorized user of any account provided in connection with the Services. The Store Owner is responsible for ensuring that its name, including the legal name of the entity that owns the store (where applicable), is clearly and accurately displayed on the store’s website. Where the Services are registered for or used on behalf of an employer or other legal entity, such entity shall be deemed the Store Owner. In such case, the individual completing the registration represents and warrants that they are duly authorized to bind such entity to this Supplement and shall use an email address issued by the relevant entity.

Part B – Business Terms

B1. Customer Responsibilities

B1.1. Responsibilities. Customer agrees to:

  1. be solely responsible for the accuracy, legality, and compliance of their product listings, images, pricing, and descriptions;
  2. provide accurate, complete, and non-misleading information to End Users at all times;
  3. ensure that no content violates the laws of India, including but not limited to:
  1. Government of India bans or restrictions on certain products (e.g., narcotics, alcohol, tobacco, prescription drugs, arms, adult products, counterfeit goods).
  2. intellectual property rights, advertising standards, and consumer protection laws;
  1. maintain all necessary licenses and authorizations to sell their listed goods or services;
  2. maintain clear and accurate public-facing information on its storefront, including contact details, terms of service, refund and cancellation policies, and shipping and order fulfilment timelines. Such public-facing contact information shall, at a minimum, include the Customer’s name, address, telephone number, and email address;
  3. clearly disclose to End Users the involvement of any third-party suppliers or service providers engaged in connection with the goods or services offered; and
  4. use the Service only for lawful business purposes and in accordance with applicable laws.

B1.2. The Customer shall ensure that all communications transmitted through the Services comply with:

  1. all applicable policies, guidelines, and terms of use; and
  2. all applicable laws including but not limited to consent, data protection, and privacy.

B2. Commercial Terms

B2.1. Payment Processing. Payments for transactions via BYS are processed directly between the Customer and its integrated third-party payment gateway provider. While BYS and Converse support pre-existing integrations with certain payment gateway providers, the Customer shall connect and operate its own payment gateway account using its unique credentials. Sinch India shall not collect, process, hold, transmit, or settle any funds in connection with such transactions.

The Customer shall at all times remain the seller of record and shall be solely responsible for all financial and statutory obligations arising from the transactions, including pricing, taxation, invoicing, refunds, chargebacks, and applicable regulatory compliance.

The Customer acknowledges that, due to technical failures, network delays, system errors, or payment gateway anomalies, a transaction may be incorrectly reflected as “paid” on BYS or Converse despite the payment not having been successfully completed or settled. Converse and BYS shall not be responsible or liable for any loss, fulfillment, delivery, refund, chargeback, etc. arising from incorrect payment status.

B2.2. Returns, Replacements, and Refund. Payments arising from any return, replacement, or refund transaction are to be handled solely by the Customer in accordance with their own policies. BYS does not provide, manage, or mediate any return, refund, or replacement workflows or payment settlements.

Glossary

  1. “Customer Service” means a marketing, advertising, promotional or informational program or initiative, or other project, conducted by Customer utilizing the Service.
  2. “End User” means a person or entity that is a user and/or recipient of a Customer Service.
  3. “Customer Data” means any data or information relating to the Customer or its end users, whether in electronic or other form, provided to or processed by the Service Provider in connection with the Services, including without limitation names, addresses, telephone numbers, email addresses, login credentials, order history, account information, and any other personal or business information shared by the Customer.
  4. “Materials” means the Customer’s brand name or logo, content, details of the goods or services the Customer sells through the Services (including descriptions and prices), and any photos, videos, images, written content, audio, code, reviews, or other business information made available by the Customer.