Terms of Service

These Terms of Service ("Terms") govern your access to and use of Sailwynd("Service"), operated by Sailwynd ("Sailwynd", "we", "us"). These Terms, together with our Privacy Policy, Refund Policy, and Acceptable Use Policy, form the complete agreement between you and Platform. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

To use Platform, you must:

Be at least 18 years of age
Have legal capacity to enter into contracts under Indian law
Provide accurate and complete registration information
Not be prohibited from using the Service under applicable law

By using Platform, you represent that you meet all eligibility requirements. Platform may be used by individuals operating as sole proprietors, partnerships, LLPs, or private limited companies.

2. Account Registration

You must register an account to use Platform. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at support@sailwynd.com if you suspect unauthorised access.

Each account is associated with a unique store subdomain (e.g., yourstore.sailwynd.com). You may not use a subdomain that infringes another party's trademark or impersonates another business.

3. Subscription Plans and Billing

3.1 Plans

Platform offers several subscription plans with different feature sets and pricing, as described on our Pricing page. We may change plan pricing or features with 30 days' advance notice.

3.2 Free Trial

New accounts start with a 5-day free trial. No payment information is required during the trial. At the end of the trial, your account will be placed in a grace period. You must select a paid plan to continue using the Service.

3.3 Payment

Subscription fees are billed in advance on a monthly or annual basis. All prices are in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise. Payment is processed via our authorised payment partners.

If a payment fails, your account enters a 7-day grace period. During this period your store remains active, but you will receive payment reminders. If payment is not resolved within 7 days, your account may be suspended. Data is retained for 30 days after suspension before permanent deletion.

3.4 Taxes

You are responsible for taxes on your merchant revenue (e.g., GST on your sales). Platform collects GST on subscription fees as required by Indian tax law and issues valid tax invoices.

3.5 Price Locking

Monthly subscriptions lock your plan price for the duration of that billing cycle. Annual subscriptions lock your plan price for the full 12-month period. After the locked period ends, the then-current pricing applies on renewal. We will provide at least 30 days' notice before any price increase. Changes in statutory tax rates (e.g., GST) are not covered by price locking and are passed through as applicable.

4. Platform as Technology Provider

Platform is a technology service provider that enables merchants to build and operate online stores. Platform provides the software tools; merchants operate their own independent businesses.

Platform does not act as a marketplace, commission agent, distributor, or intermediary in transactions between merchants and their customers. Your store is your business.

Platform does not review, approve, endorse, or take responsibility for:

The products or services you sell
The accuracy of your product descriptions or pricing
Your store's compliance with applicable laws
Any transactions, disputes, or relationships between you and your customers

You are solely and entirely responsible for your business activities conducted through Platform, including compliance with all applicable laws such as the Consumer Protection Act 2019, Consumer Protection (E-Commerce) Rules 2020, Legal Metrology Act, BIS standards, FSSAI regulations (for food products), Drugs and Cosmetics Act (for pharmaceutical and cosmetic products), and any other sector-specific regulations.

Platform is an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and is entitled to the safe harbour protections under Section 79 thereof and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

If a merchant engages in any activity that is illegal, fraudulent, or otherwise prohibited, Platform bears no responsibility or liability for such activity. Platform's sole obligation is to take action upon becoming aware of violations, in accordance with applicable law.

5. Your Store and Your Customers

You are solely responsible for the content you publish on your store, including product descriptions, images, pricing, policies, and legal compliance. Platform is a technology service provider — we do not review or approve your store content before it goes live.

Platform provides the software. Your store is your business. We do not participate in, mediate, or arbitrate disputes between you and your customers.

You are responsible for:

Accurate product descriptions and pricing
Fulfilling orders placed through your store
Your store's privacy policy and obtaining necessary consents from your customers
Compliance with consumer protection and e-commerce laws
Calculating and remitting applicable taxes (GST) on your sales
Handling customer complaints, returns, and disputes
Maintaining all necessary business licences and registrations

6. Acceptable Use

You agree to use Platform responsibly and in accordance with our Acceptable Use Policy.

In summary, you may not use Platform to sell prohibited goods, engage in fraudulent practices, abuse "unlimited" features, exceed your plan's intended capacity, or violate applicable law.

For the complete list of prohibited activities, fair-use guidelines, and enforcement procedures, see our Acceptable Use Policy.

Platform reserves the right to suspend or terminate accounts that violate the Acceptable Use Policy, with or without prior notice depending on severity.

7. Fair Use and Usage Limits

Features described as "unlimited" on any plan are subject to fair-use limits. "Unlimited" means generous allowances for normal business operations, not infinite or unrestricted consumption.

Each plan is designed for a specific scale of operations. If your store consistently exceeds the traffic, bandwidth, storage, or compute resources expected for your plan tier, you may be required to upgrade to an appropriate plan or arrange a custom enterprise plan.

Platform reserves the right to define, publish, and enforce reasonable-use thresholds, and to throttle or limit service for stores that exceed their plan's intended capacity.

For detailed fair-use guidelines and resource limits, see our Acceptable Use Policy.

8. Intellectual Property

Sailwynd and its underlying technology, software, design, and branding are owned by Sailwynd. These Terms do not grant you any rights to use Platform's name, logo, or trademarks.

You retain ownership of all content you create on Platform (products, pages, images, etc.). You grant us a limited licence to host, display, and transmit this content as necessary to operate the Service.

9. Service Availability

We aim for 99.5% monthly uptime for the core API and admin dashboard. Planned maintenance will be announced at least 24 hours in advance. We are not liable for downtime caused by third-party service providers or by circumstances beyond our reasonable control.

10. Termination

10.1 User-Initiated Cancellation

You may cancel your account at any time from the account settings page. Refund and billing terms for cancellation are described in our Refund Policy. Your store remains active until the end of your current billing period, after which it will be suspended.

10.2 Platform-Initiated Termination

Platform may suspend or terminate your account at any time, for any reason, including but not limited to:

Violation of these Terms or the Acceptable Use Policy
Suspicious, fraudulent, or illegal activity
Failure to pay subscription fees after the grace period
Conduct that poses a risk to other merchants, customers, or Platform's systems
Requirement by law or a regulatory authority
Platform's sole discretion where it determines continued service is not appropriate

Where possible, we will provide notice before termination, but we reserve the right to act immediately in cases of serious or urgent violations. Refund terms for platform-initiated termination are described in our Refund Policy and are generally more favourable to you than user-initiated cancellation terms.

10.3 Effect of Termination

Upon termination:

Your store is taken offline (immediately for platform-initiated termination, or at the end of the billing period for user-initiated cancellation)
You may request an export of your data before the effective termination date
All data is permanently deleted within 30 days of termination
Any outstanding fees become immediately due
Provisions that by their nature should survive (including Sections on Limitation of Liability, Indemnification, and Governing Law) continue in effect

11. Limitation of Liability

To the maximum extent permitted by law, Platform's total liability for any claim arising from these Terms or your use of the Service shall not exceed the fees you paid to Platform in the 3 months preceding the claim.

Platform is not liable for:

Loss of revenue or profits
Loss of data
Damage to your reputation
Loss of business opportunities
Any indirect, consequential, incidental, punitive, or special damages, even if advised of the possibility of such damages

Platform shall not be liable for any losses, claims, or damages arising from the acts, omissions, products, services, or business practices of merchants, their employees, agents, or customers.

Platform is not liable for any losses arising from:

Downtime or unavailability of third-party services
Payment processing failures or delays
Actions taken to enforce these Terms or the Acceptable Use Policy

12. Indemnification

You agree to indemnify, defend, and hold harmless Platform, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

Your use of the Service
Your store content, products, services, or business practices
Your violation of these Terms, the Acceptable Use Policy, or any applicable law
Any claim by a third party (including your customers) related to your store
Your infringement of any third party's intellectual property or other rights

This indemnification obligation survives termination of your account and these Terms.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: natural disasters, epidemics or pandemics, war or armed conflict, government actions or orders, internet or telecommunications failures, power outages, acts of God, or labour disputes.

The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact.

If a force majeure event continues for more than 60 consecutive days, either party may terminate these Terms by written notice.

14. Modifications to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to your registered address at least 14 days before they take effect. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.

The remaining provisions shall continue in full force and effect.

The unenforceability of any provision in one jurisdiction shall not affect its enforceability in other jurisdictions.

16. No Waiver

The failure of Platform to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

A waiver of any term or condition on one occasion shall not be deemed a waiver of that term or condition on any subsequent occasion.

Any waiver must be in writing and signed by an authorised representative of Platform.

17. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and Platform regarding your use of the Service.

These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, between you and Platform.

No terms contained in any purchase order, invoice, or other document issued by you shall modify or supplement these Terms unless expressly agreed in writing by Platform.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of India.

19. Contact

For any questions about these Terms:
Email: legal@sailwynd.com
Address: Sailwynd, India