Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Mercemur platform ("Service") operated by Zemuria Technologies Private Limited ("Mercemur", "we", "us", or "our"), a company incorporated under the laws of India, having its registered office at [Registered office -- please update with full address].

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. The Service

Mercemur is a multi-tenant Software-as-a-Service (SaaS) commerce platform that enables merchants to create and operate online stores. The Service provides tools for product management, order processing, customer management, payment processing (via third-party providers such as Stripe and Razorpay), shipping integrations (via providers such as ShipEngine), and related e-commerce functionality.

Mercemur is a platform provider only. Merchants using the Service are the merchants of record for their own transactions. Mercemur does not process payments on behalf of merchants -- merchants connect their own payment provider accounts and are directly responsible for fulfilling orders, handling customer service, and complying with applicable laws.

3. Account registration

To use the Service, you must create an account by providing an email address, password, and store details. You must be at least 18 years old and legally capable of entering into a binding contract. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

You agree to provide accurate, current, and complete information during registration and to update such information as needed. We may suspend or terminate accounts that contain false information.

4. Acceptable use

You agree not to use the Service to:

• Sell illegal, prohibited, or restricted goods or services under applicable law, including but not limited to narcotics, weapons, counterfeit goods, and content that violates intellectual property rights.
• Engage in fraud, money laundering, or any deceptive commercial practice.
• Harm minors or distribute harmful content.
• Circumvent security, abuse rate limits, or disrupt the Service.
• Use the Service in violation of the Information Technology Act, 2000 or any other applicable Indian law.

We reserve the right to suspend or terminate accounts that violate this section. We cooperate with law enforcement authorities when required.

5. Fees and payment

Mercemur offers both free and paid subscription tiers. Paid plans are billed in advance on a monthly or annual basis. Fees are exclusive of applicable taxes, including Goods and Services Tax (GST) as per Indian law. Our services fall under SAC code 998315 (online information and database access services).

Usage-based charges (e.g. payment processing fees, shipping label costs) are billed directly by the third-party provider to the merchant, not by Mercemur. Mercemur does not take a percentage of merchant revenue.

Fees are non-refundable except as provided in our Refund & Cancellation Policy.

6. Merchant responsibilities

As a merchant using Mercemur, you represent and warrant that:

• You have full legal authority to sell the goods or services listed in your store.
• You will comply with all applicable consumer protection, tax, and e-commerce laws in your jurisdiction.
• You are solely responsible for fulfilling orders, providing customer support, and handling returns and refunds.
• You will not use Mercemur to process transactions for another merchant's business (no aggregator/sub-merchant use).
• You maintain your own contracts with payment providers (Stripe, Razorpay, etc.) and shipping providers (ShipEngine, etc.).

7. Intellectual property

The Service, including its software, design, trademarks, and content created by Mercemur, is owned by Mercemur and protected by intellectual property laws. Merchants retain ownership of their own content, products, customer data, and brand. By uploading content to Mercemur, you grant us a limited license to host, display, and process it solely for the purpose of operating the Service.

8. Third-party services

The Service integrates with third-party services (payment processors, shipping carriers, email providers, etc.). Your use of those services is subject to their own terms and privacy policies. Mercemur is not responsible for third-party service availability, pricing, or data handling.

9. Data protection

Our handling of personal data is described in our Privacy Policy. We comply with applicable data protection laws including the Digital Personal Data Protection Act, 2023 (DPDPA).

10. Limitation of liability

To the maximum extent permitted by law, Mercemur's total liability to you for any claim arising from or related to the Service shall not exceed the fees paid by you to Mercemur in the 12 months preceding the claim. Mercemur is not liable for indirect, incidental, or consequential damages, including lost profits or lost data.

The Service is provided "as is" without warranties of any kind, express or implied, except as required by applicable law.

11. Termination

You may cancel your account at any time from the admin dashboard or by contacting [email protected]. We may suspend or terminate your account for violation of these Terms, non-payment, or prolonged inactivity, with reasonable notice except in cases of fraud or legal necessity.

On termination, we will provide you a reasonable period (at least 30 days) to export your data before permanent deletion.

12. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka.

Before initiating legal proceedings, the parties shall attempt to resolve disputes amicably through written notice and good-faith discussion for a period of 30 days.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to the address associated with your account and posted on this page with a revised "Last updated" date. Continued use of the Service after changes constitutes acceptance.

14. Contact

For questions about these Terms, write to us at [email protected] or at our registered office: