Terms & Conditions
Last modified on 1st July, 2024
Welcome and thank you for your interest in OrderEye! Please read these Terms and Conditions carefully before using our SaaS platform operated by OrderEye. By accessing or using our Platform & Service, you agree & comply to be bound by these Terms & Conditions. Please read them carefully.
1. Use of Service
- You agree to use our Service only for lawful purposes. You will not use the Service in any way that violates any applicable law, federal, state or regulation.
- You may not use our Service to transmit, distribute, or store any material that is illegal, harmful, or offensive.
- The use of the software for any illegal activities or in a manner that breaches these Terms is strictly prohibited.
2. OrderEye Service
OrderEye Technology Platform powers restaurant, grocery and e-commerce businesses, enabling them to scale digitally and make their online growth super easy. We empower merchants of all sizes to build, innovate and grow their business digitally while keeping track of all activities from discovery to delivery. Our platform makes Quick commerce & E-commerce business completely independent, commission free by offering a complete end-to-end technology & tools that empowers business to succeed from creating online stores to managing online ordering, customers, inventory, payments, marketing, integrations and deliveries for single storefront, multiple storefronts or marketplace through our AI driven modern SaaS solutions. OrderEye also provides White-labeling capabilities, allowing Clients to brand & market the platform’s interface to match their identity, including customization of logos, app icons, colors, splash screens, fonts, emails, sms and notifications.
“Client” refers to any entity that has entered into a contractual agreement with OrderEye for the use of the OrderEye SaaS platform and services. The term “Client” does not refer to the end users of the Client’s services who interact with the Client’s brand or platform.
3. Eligibility
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts and Registration.
To access certain features of the SaaS Platform, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@ordereye.com or support@ordereye.com.
5. Subscription, Invoicing, Payments and Refunds
OrderEye operates on a SaaS subscription-based model, with fees detailed in the Subscription or Agreement letter. The flexibility allows clients to select the payment structure that best suits their needs and budget. Clients can choose between monthly and annual billing cycles. Additional fees may apply for one-time services such as setup, customization, or any third-party integrations, and usage-based charges may apply for features & functionalities that exceed predefined limits.
- Payments are accepted via bank transfer, or other agreed-upon methods, and all payments are processed securely.
- For any subscription plans the kick-off amount has to be paid upfront before work commences.
- The kick-off amount is non-refundable and 18% GST is included on above mentioned cost (In case of Indian clients).
- Transactional fees are billed at the start of each month.
- Late payments are subject to a penalty fee of 1.25% per month on the outstanding balance, and OrderEye reserves the right to suspend or terminate services if payment is not received within 30 days from the due date.
- Custom work requested by the customer is non-refundable unless a written request is sent to support@ordereye.com or contact@ordereye.com within one day of payment.
- Refunds are generally not offered unless there is a significant failure on OrderEye’s side to provide the service as agreed. However, any refund requests are evaluated on a case-by-case basis, and Clients are entitled to a refund if the service is terminated by OrderEye without cause before the end of a billing cycle.
- OrderEye reserves the right to terminate the Client’s use of the license immediately in cases of breach of terms, illegal activities, or non-payment.
- Upon termination, Clients will lose access to the platform, and any outstanding fees will become immediately due. Clients have 30 days from the termination date to request an export of their data.
- Refunds are not issued for unused portions of the subscription plans unless the termination is due to a failure on our part to deliver the service.
6. Set Up Services
OrderEye provides set-up services as outlined in the Subscription or Agreement Form. The platform is fully hosted in the secure cloud, requiring no special hardware for installation. Any initial customization or third-party integrations required by the Client will be performed during the setup process, any custom work is subject to additional fees and must be paid upfront before commencement.
7. Intellectual Property
- All content on this website, including but not limited to OrderEye software, source code, design, text, graphics, logos, icons, documentation and images, is the property of OrderEye.
- You may not reproduce, distribute, or create derivative works from any of the materials on our platform & service without prior written permission.
- Clients acknowledge that they are granted a limited, non-transferable, non-exclusive license to use the Eddress software solely for their business operations, as outlined in the Terms & Conditions.
- Clients grant OrderEye a non-exclusive, royalty-free, worldwide license to use their trademarks, logos, and branding elements for the purpose of providing the white-label service. This license includes, but is not limited to, the customization of the user interface, communications, and marketing materials as required to deliver the service.
- Both parties agree to respect each other’s intellectual property rights and commit to using them only as explicitly permitted under these Terms. Neither party shall use, reproduce, modify, or distribute the other party’s intellectual property without permission, prior written consent, except as expressly authorized herein.
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of this agreement. This includes, but is not limited to, Client data, business strategies, execution plans and software design. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of this agreement. This includes, but is not limited to, Client data, business strategies, execution plans and software design. Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.
9. Limitation of Liability
- To the maximum extent permitted by applicable law, OrderEye shall not be liable for any indirect, incidental, special, consequential, or punitive damages related to this Agreement, including but not limited to, costs of delay, loss of profits, data, records, information or goodwill, arising from your use of the Service.
- Total Limit on Liability: OrderEye total liability arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the customer within the 6-month period immediately preceding the event that gave rise to the liability.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless OrderEye and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the Client’s use of the platform, breach of these terms, or violation of any applicable laws.
The Client agrees to indemnify, defend, and hold harmless OrderEye and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the Client’s use of the platform, breach of these terms, or violation of any applicable laws.
11. Governing Law
- These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
- Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts of India.
12. Miscellanous
- Amendments and Modifications: We may amend these Terms from time to time, in which case the new Terms will supersede prior versions.We recommend that You keep checking these Terms for any amendments. Your continued use of the Platform following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment.
- No response situation: In case of no response from the Client’s side for more than 7 days despite reminders from the Company’s side, Company may put the development on hold. In case of no response from the Client’s side for more than 14 days despite reminders from the Company’s side, the Company may terminate the contract.
- Publicity and Communication: By entering into a business relationship with us, you agree to allow us to announce new client agreements or closures on our social media platforms. If you do not wish for us to make such announcements, please let us know in writing before the start of our business relationship.
- Support Availability: For the OrderEye Early Stage or Basic plans for both monthly or annual subscriptions, support will be provided exclusively through chat and ticketing systems.
- Renewal in case of plan expiry: Post plan expiry, standard cost will be applicable as per the choice made by the client among the then available plans.
- Timeline: The timeline to deliver the solution may vary for different plans, use case & depending upon the extent of customization required. The timeline will be applicable from the date of project kick off and once all the requirements are shared by the client.