Terms of Service

1. Acceptance of Terms

By accessing and using the website at nitroscommerce.com (the "Website") and the Nitro Commerce platform (the "Platform"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or Platform. These Terms constitute a legally binding agreement between you and Nitro Commerce.

2. Description of Services

Nitro Commerce provides a commerce acceleration platform for D2C brands, including checkout optimization, inventory synchronization, analytics, and omnichannel management tools designed for India's e-commerce ecosystem. Our services are intended for business use by registered merchants and brands.

3. Account Registration and Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Represent a legally registered business entity in India or another jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized account access

4. Subscription and Billing

Nitro Commerce offers paid subscription plans denominated in Indian Rupees (INR). By subscribing:

• You agree to pay the applicable subscription fee for your selected plan
• Fees are billed monthly or annually as selected
• GST (18%) is applicable on all subscription fees
• You will receive GST-compliant tax invoices for each billing cycle
• Annual subscribers may cancel future renewals without refund of the current term
• Monthly subscribers may cancel at any time; access continues to end of billing period

5. Use of the Platform

You may use our Website and Platform for lawful business purposes only. You agree not to:

• Use the Platform in any way that violates applicable Indian laws or regulations
• Attempt to gain unauthorized access to any part of the Platform
• Interfere with the proper working of the Platform or its infrastructure
• Reverse engineer, decompile, or attempt to extract source code
• Use the Platform to store, process, or transmit fraudulent transaction data
• Violate the payment regulations governed by the Reserve Bank of India (RBI)

6. Merchant Data and Confidentiality

You retain ownership of all merchant data you upload or generate through the Platform. Nitro Commerce will not share your merchant data, customer data, or business metrics with third parties except as required to provide the service or as required by law. We treat all merchant business data as confidential.

7. Intellectual Property

The Website and Platform and their original content, features, and functionality are owned by Nitro Commerce and are protected by Indian and international copyright, trademark, and intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8. Service Availability

We aim to provide reliable platform availability. Scale plan subscribers receive a 99.9% uptime SLA for their subscription period. Scheduled maintenance windows will be communicated in advance. Nitro Commerce shall not be liable for platform unavailability caused by factors outside our reasonable control.

9. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. While we work hard to ensure accuracy, Nitro Commerce does not warrant that:

• The Platform will be uninterrupted or error-free at all times
• Results obtained from using the Platform will meet your specific expectations
• All third-party integrations (marketplaces, logistics, payment gateways) will operate without interruption

10. Limitation of Liability

To the fullest extent permitted by applicable Indian law, Nitro Commerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform, including but not limited to loss of revenue, data, or goodwill.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in Gurgaon, Haryana, India.

12. Privacy Policy

Your use of the Website and Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our data practices are designed to comply with India's DPDP Act 2023.

13. Changes to Terms

Nitro Commerce reserves the right to modify these Terms at any time. We will notify active subscribers of material changes via email. Your continued use of the Platform after such changes constitutes your acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Nitro Commerce
Tower B, DLF Cyber City Phase 2
Gurgaon, Haryana 122002, India
Email: [email protected]
Phone: +91 124 308 0591