Terms of Service

1. About Gimbll

Gimbll is an ecommerce technology platform designed to help businesses build and manage their online commerce presence.

Our Services may include functionality for:

• Store setup.
• Product and catalogue management.
• Inventory management.
• Order management.
• Campaigns and promotions.
• Storefront and theme management.
• Store previews.
• Customer shopping experiences.
• Mobile ecommerce applications.
• Payment integrations.
• Logistics integrations.
• Analytics and business management.
• Other ecommerce-related functionality introduced by Gimbll from time to time.

Features available to you may depend on your subscription plan, account type, location, integrations, and other applicable conditions.

2. Eligibility

You must have the legal capacity to enter into a binding agreement under applicable law to use the Services.

If you are using Gimbll on behalf of a company, business, or other organisation, you represent that you have authority to bind that organisation to these Terms.

You may not use the Services if you are prohibited from doing so under applicable law.

3. Accounts

Certain features require you to create a Gimbll account.

You agree to:

• Provide accurate and complete information.
• Keep your account information current.
• Maintain the confidentiality of your login credentials.
• Take reasonable steps to prevent unauthorized access.
• Notify us promptly if you believe your account has been compromised.
• Be responsible for activity occurring through your account, subject to applicable law.

You must not share account credentials in a manner that compromises the security of your account or the Services.

4. Seller Responsibilities

If you use Gimbll to operate an ecommerce business, you are responsible for your store and your relationship with your customers.

You are responsible for:

• The accuracy of your business information.
• Product descriptions.
• Product pricing.
• Product availability.
• Taxes applicable to your business.
• Product quality and legality.
• Inventory information.
• Orders and fulfilment.
• Shipping and delivery.
• Returns, refunds, and exchanges.
• Customer support.
• Your privacy practices.
• Compliance with applicable laws.
• Content published through your store.
• Any products or services offered through your store.

Gimbll provides technology and infrastructure but does not become the seller, merchant, manufacturer, distributor, or supplier of products offered by sellers using the platform.

5. Customer Transactions

Where a customer purchases a product or service from a store powered by Gimbll, the transaction is generally between the customer and the merchant operating that store.

The merchant is responsible for:

• Accepting and fulfilling orders.
• Providing products and services.
• Charging applicable prices and taxes.
• Shipping and delivery.
• Returns and refunds.
• Customer support.
• Product warranties, where applicable.

Gimbll may provide the technology through which such transactions are facilitated but is not responsible for the merchant's products, representations, fulfilment, or business practices, except to the extent required by applicable law.

6. Payments and Billing

Some Gimbll Services may require payment through a subscription or other commercial arrangement.

Pricing, billing periods, applicable taxes, and included features will be communicated through the applicable Gimbll plan, order, invoice, agreement, or checkout process.

You agree to provide accurate billing information and authorize applicable charges.

Third-party payment providers may process payments on behalf of Gimbll or merchants using Gimbll.

Gimbll is not responsible for failures caused by third-party payment systems, except where required by applicable law.

7. Subscriptions

If you subscribe to a paid Gimbll plan:

• Your subscription will continue according to the applicable billing period unless cancelled.
• Fees are payable according to the pricing and billing terms presented when you subscribe.
• Taxes may be added where applicable.
• Features may differ between plans.
• We may introduce, modify, or discontinue plans or features subject to applicable contractual and legal requirements.

If a subscription is cancelled, access to paid features may continue until the end of the applicable paid period unless otherwise stated.

8. Acceptable Use

You agree not to use Gimbll to:

• Violate any applicable law or regulation.
• Commit fraud or facilitate fraudulent transactions.
• Infringe intellectual property rights.
• Sell unlawful products or services.
• Distribute malware or malicious code.
• Attempt to gain unauthorized access to accounts or systems.
• Interfere with the operation or security of Gimbll.
• Circumvent technical restrictions.
• Reverse engineer or attempt to extract source code except where expressly permitted by law.
• Scrape or systematically collect data without authorization.
• Upload harmful, abusive, defamatory, or unlawful content.
• Impersonate another person or business.
• Use Gimbll for activities that could reasonably harm Gimbll, its users, merchants, or customers.

We may investigate suspected violations and take appropriate action.

9. Store and User Content

You may upload or provide content to Gimbll, including:

• Logos.
• Images.
• Product information.
• Descriptions.
• Videos.
• Store content.
• Marketing content.
• Business information.
• Customer-related information.
• Other materials.

You retain ownership of content that you own.

However, you grant Gimbll a limited, non-exclusive, worldwide licence to host, store, reproduce, transmit, display, and process such content solely as reasonably necessary to provide, operate, maintain, secure, and improve the Services.

You represent that you have the rights and permissions necessary to provide such content to Gimbll.

10. Intellectual Property

Gimbll and its licensors own all rights, title, and interest in the Gimbll platform and its underlying technology, including:

• Software.
• Website.
• Applications.
• Platform architecture.
• Designs.
• Layouts.
• Branding.
• Logos.
• Trademarks.
• Documentation.
• Features.
• Graphics.
• Other Gimbll-owned materials.

Except as expressly permitted under these Terms, you may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from Gimbll's intellectual property.

Nothing in these Terms transfers ownership of Gimbll's intellectual property to you.

11. Third-Party Services and Integrations

Gimbll may allow you to connect third-party services, including payment providers, logistics providers, analytics tools, communication services, marketplaces, social platforms, or other integrations.

Third-party services are governed by their own terms and policies.

Gimbll does not control and is not responsible for third-party services, including their availability, security, functionality, policies, or practices.

You are responsible for reviewing and complying with applicable third-party terms.

12. Availability of Services

We aim to keep Gimbll reliable and available, but we do not guarantee that the Services will always be uninterrupted, error-free, or available at all times.

Services may occasionally be unavailable because of:

• Maintenance.
• Updates.
• Technical failures.
• Security incidents.
• Third-party service failures.
• Internet or network issues.
• Events beyond our reasonable control.

We may modify, suspend, or discontinue features or portions of the Services where reasonably necessary.

13. Beta and Early Access Services

Certain Gimbll features may be provided as beta, preview, early-access, or experimental functionality.

Such features may:

• Contain errors.
• Change without notice.
• Have limited functionality.
• Be discontinued.
• Not be suitable for production use.

Where a feature is identified as beta, preview, or experimental, you acknowledge that it is provided on an early-access basis.

14. Gimbll Waitlist

If you join the Gimbll waitlist, you provide information so that we can contact you regarding product availability, early access, or related announcements.

Joining the waitlist does not guarantee access to Gimbll by a particular date.

We may determine the timing, eligibility, availability, and scope of early access at our discretion, subject to applicable law.

You may request removal from the waitlist or marketing communications by contacting us or using the applicable unsubscribe mechanism.

15. Privacy

Your use of Gimbll is also governed by our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, and protect personal information.

By using Gimbll, you acknowledge the practices described in the Privacy Policy.

16. Security

You must not attempt to compromise or circumvent the security of Gimbll.

This includes attempting to:

• Access another user's account.
• Access systems without authorization.
• Probe or scan infrastructure without authorization.
• Circumvent authentication.
• Introduce malicious software.
• Interfere with platform availability.
• Exploit vulnerabilities for unauthorized purposes.

If you discover a potential security vulnerability, please report it to us responsibly through our designated contact channel.

17. Suspension and Termination

We may suspend or terminate your access to Gimbll where reasonably necessary, including if:

• You materially breach these Terms.
• You engage in fraudulent or unlawful activity.
• Your use creates a security risk.
• Your use could harm other users or the Services.
• You fail to pay applicable fees.
• We are required to do so by law.
• We discontinue the relevant Services.

Where appropriate and legally permitted, we may provide notice and an opportunity to remedy a breach before termination.

You may stop using Gimbll at any time.

Upon termination, your right to access applicable Services will end, subject to any provisions that are intended to survive termination.

18. Data After Termination

Following termination or cancellation, Gimbll may retain certain information where necessary to:

• Comply with legal obligations.
• Resolve disputes.
• Prevent fraud.
• Enforce agreements.
• Maintain financial or transaction records.
• Protect legitimate business interests.

Data may otherwise be deleted or anonymized according to our retention practices and Privacy Policy.

19. Disclaimers

To the maximum extent permitted by applicable law, Gimbll provides the Services on an “as is” and “as available” basis.

We do not guarantee that:

• The Services will meet every business requirement.
• The Services will always be available.
• The Services will be error-free.
• Information generated through the Services will always be accurate or complete.
• Third-party integrations will remain available.
• Your ecommerce business will achieve any particular sales, revenue, growth, or business outcome.

Gimbll does not guarantee the quality, legality, availability, or suitability of products sold by independent merchants using the platform.

Nothing in these Terms excludes any consumer or statutory rights that cannot legally be excluded.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Gimbll and its directors, officers, employees, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Services.

This may include loss of:

• Profits.
• Revenue.
• Business opportunities.
• Data.
• Goodwill.
• Expected savings.

To the maximum extent permitted by applicable law, Gimbll's aggregate liability arising out of or relating to the Services will be limited to the amount paid by you to Gimbll for the Services during the twelve months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded under applicable law.

21. Indemnification

To the extent permitted by applicable law, if you use Gimbll as a business or merchant, you agree to indemnify and hold harmless Gimbll and its affiliates, officers, employees, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from:

• Your violation of these Terms.
• Your unlawful use of the Services.
• Your products or services.
• Your store content.
• Your violation of another person's rights.
• Your violation of applicable laws.
• Claims arising from your relationship with your customers.

This section does not apply to the extent that a claim results from Gimbll's own gross negligence, wilful misconduct, or other liability that cannot legally be indemnified.

22. Changes to the Services

We may modify, improve, replace, or discontinue features of Gimbll from time to time.

Where changes materially affect paid Services or contractual obligations, we will provide notice where required by applicable law or agreement.

23. Changes to These Terms

We may update these Terms from time to time.

When we update the Terms, we will change the “Last Updated” date.

Where appropriate, we may also provide additional notice.

Your continued use of Gimbll after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

24. Governing Law

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

Subject to applicable law, disputes arising from these Terms or your use of Gimbll shall be subject to the jurisdiction of the courts located in Amritsar, Punjab, India.

25. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms specifically applicable to particular Services, constitute the agreement between you and Gimbll regarding your use of the Services.

If there is a conflict between these Terms and specific terms applicable to a particular Service, the specific terms will govern that Service to the extent of the conflict.

27. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

28. Contact Us

If you have questions about these Terms or the Gimbll Services, please contact us using the details below.

29. Acknowledgement

By accessing or using Gimbll, you acknowledge that you have read, understood, and agreed to these Terms of Service.

If you do not agree with these Terms, please do not access or use the Services.