Terms of Service

2. Account Registration & Responsibilities

You must provide accurate, complete, and current information during registration, including your legal business name, valid email address, phone number, and business category. You agree to update this information promptly if it changes.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You must immediately notify us at support@reachpeak.in if you suspect unauthorized access to your account.

You are responsible for all activities that occur under your account, whether or not you have authorized such activities. PeakCart shall not be liable for any loss or damage arising from your failure to maintain account security.

Each account is limited to the number of stores, staff accounts, and products specified by your subscription plan. Exceeding these limits may result in service restrictions or upgrade requirements.

3. Acceptable Use Policy

You may use PeakCart solely for the purpose of operating legitimate e-commerce businesses that comply with all applicable Indian laws and regulations.

Prohibited Activities: You shall NOT use the Services to: (a) sell illegal, counterfeit, stolen, or prohibited goods; (b) sell items that infringe on intellectual property rights of third parties; (c) engage in fraudulent transactions or money laundering; (d) distribute malware, viruses, or harmful code; (e) attempt to gain unauthorized access to our systems or other users' accounts; (f) scrape, crawl, or data mine our platform; (g) resell or redistribute the Services without our written consent; (h) interfere with or disrupt the integrity or performance of the Services; (i) violate any applicable law, regulation, or third-party rights.

Prohibited Products: You may NOT sell: (a) narcotics, controlled substances, or drug paraphernalia; (b) weapons, ammunition, or explosives; (c) pornographic or sexually explicit material; (d) products that promote violence, hatred, or discrimination; (e) products that violate FSSAI, CDSCO, or other regulatory requirements without proper licensing; (f) any product prohibited by Indian law.

Violation of this Acceptable Use Policy may result in immediate account suspension or termination without notice or refund.

4. Subscription Plans & Billing

PeakCart offers multiple subscription plans (Starter, Growth, Enterprise) with varying features, limits, and pricing. Current pricing is available at reachpeak.in/pricing. All prices are quoted in Indian Rupees (INR) and are exclusive of applicable GST (18%).

Billing Cycle: Monthly subscriptions are billed on the same date each month. Annual subscriptions are billed as a single payment for the full year. Billing begins on the date of plan activation, not the date of account creation.

Zero Transaction Fees: PeakCart charges ZERO commission or transaction fees on your sales. The only per-transaction fees you pay are Razorpay's standard payment processing fees, which are charged directly by Razorpay and are outside PeakCart's control.

Payment Methods: Subscription payments can be made via UPI, credit/debit cards, net banking, or any other method supported by our payment processor. You authorize us to charge your selected payment method on each billing date.

Failed Payments: If a payment fails, we will attempt to charge your payment method up to 3 times over 7 days. If all attempts fail, your account may be downgraded to a limited-functionality mode. Your data will be preserved for 30 days, after which it may be permanently deleted.

Price Changes: We reserve the right to modify pricing with at least 60 days' advance notice via email. Price changes will not affect your current billing cycle and will take effect at the next renewal.

Taxes: You are responsible for all applicable taxes, including GST, associated with your use of the Services. PeakCart will add applicable GST to your subscription invoices.

5. Data Ownership & Intellectual Property

Your Data: You retain full ownership of all data you create, upload, or generate through the Services, including but not limited to: products, product images, customer data, order data, store content, pages, blog posts, and custom code. PeakCart claims no intellectual property rights over your content.

Data Portability: You may export all your store data (products, customers, orders) at any time in standard formats (CSV, JSON) through the PeakCart dashboard. We will never hold your data hostage.

PeakCart IP: The PeakCart platform, including its software, design, algorithms, AI models, branding, documentation, and all related intellectual property, is owned exclusively by ReachPeak Technologies Pvt. Ltd. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the Services during your subscription period.

Feedback: If you provide suggestions, feature requests, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into our platform without any obligation to you.

6. Third-Party Integrations

PeakCart integrates with third-party services including Razorpay (payments), Shiprocket (shipping), and WhatsApp Business API (messaging). These integrations are subject to the respective third parties' terms of service and privacy policies.

We are not responsible for the performance, availability, or actions of third-party services. Disruptions in third-party services (such as Razorpay downtime or Shiprocket delivery failures) are outside PeakCart's control and liability.

You are responsible for maintaining your own accounts with third-party services (e.g., Razorpay merchant account, Shiprocket account, WhatsApp Business API access) and for complying with their respective terms.

7. Service Availability & SLA

We strive to provide 99.9% uptime for the PeakCart platform. However, we do not guarantee uninterrupted, error-free, or completely secure operation of the Services.

Scheduled Maintenance: We will notify you at least 24 hours in advance of planned maintenance windows that may affect service availability. Maintenance is typically performed during low-traffic hours (2:00 AM - 6:00 AM IST).

Force Majeure: We shall not be liable for any failure or delay in providing the Services due to circumstances beyond our reasonable control, including but not limited to: natural disasters, government actions, internet infrastructure failures, DDoS attacks, pandemic restrictions, or third-party service outages.

8. Termination

By You: You may cancel your subscription at any time through the PeakCart dashboard or by contacting support@reachpeak.in. Cancellation takes effect at the end of your current billing period. You will retain access to all features until the end of that period.

By Us: We reserve the right to suspend or terminate your account immediately and without prior notice if: (a) you violate these Terms or our Acceptable Use Policy; (b) you engage in fraudulent activity; (c) your account poses a security risk to our platform or other users; (d) required by law or regulation.

Post-Termination: Upon termination, your data will be preserved for 30 days. During this period, you may export your data or reactivate your account. After 30 days, your store data will be permanently and irreversibly deleted from our production systems.

Survival: Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and governing law shall survive termination of these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEAKCART AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

Our total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to PeakCart during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations of liability in this section apply regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether PeakCart has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless PeakCart and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your store content, products, or business practices; (d) your violation of any third-party rights; (e) any dispute between you and your customers.

11. Dispute Resolution & Governing Law

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

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days.

If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted in English, and the seat of arbitration shall be Kolkata, India.

The courts of Kolkata, India shall have exclusive jurisdiction over any legal proceedings arising from these Terms.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice via email and/or a prominent notice on the platform.

Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms. If you do not agree with the modifications, you must discontinue use of the Services before the effective date.

13. Miscellaneous

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

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.

Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PeakCart regarding the Services.

Contact: For questions about these Terms, contact us at support@reachpeak.in or +91 62906 78045.