1. Definitions
In these Terms and Conditions, the following definitions apply:
- "Agreement" refers to these Terms and Conditions, together with any other documents incorporated by reference.
- "SyncMintLabs," "we," "our," or "us" refers to SyncMintLabs, a company registered in India, located at Amrit Nagar, Dewas, Madhya Pradesh.
- "Client," "you," or "your" refers to any individual, business, or entity that accesses our website, uses our applications, or engages our services.
- "Services" refers to all products, applications, integrations, development work, consulting, support, and other services provided by SyncMintLabs.
- "Application" or "App" refers to any software application developed by SyncMintLabs, including public apps, private apps, custom apps, and integration solutions.
- "Shopify" refers to Shopify Inc. and its e-commerce platform.
- "Third-Party Services" refers to external platforms and services such as Zoho, QuickBooks, Xero, HubSpot, Salesforce, and others that our Services may integrate with.
- "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
2. Acceptance of Terms
By accessing our website, installing our applications, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.
If you do not agree to these terms, you must not access our website, install our applications, or use our services.
We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated via email or prominent notice on our website. Your continued use of our Services after such modifications constitutes acceptance of the updated terms.
3. Services Description
3.1 Scope of Services
SyncMintLabs provides the following categories of services:
- Custom Shopify application development (public and private apps)
- Platform integration services (connecting Shopify with third-party systems)
- Shopify theme customization and development
- Automation and workflow solutions
- Data synchronization and migration services
- Custom API development
- Technical consulting and support
3.2 Service Availability
We strive to maintain 99.9% uptime for our hosted applications and services. However, we do not guarantee uninterrupted access and are not liable for any downtime resulting from:
- Scheduled maintenance (with advance notice when possible)
- Emergency maintenance or security updates
- Third-party service outages (Shopify, Zoho, AWS, etc.)
- Factors beyond our reasonable control (force majeure events)
4. Usage Rules
4.1 Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use our Services for any fraudulent, deceptive, or harmful purpose
- Attempt to gain unauthorized access to our systems or other users' accounts
- Reverse engineer, decompile, or disassemble our applications
- Copy, modify, or distribute our proprietary software without authorization
- Introduce malware, viruses, or other harmful code
- Interfere with or disrupt the integrity or performance of our Services
- Use automated means (bots, scrapers) to access our Services without permission
- Resell or redistribute our Services without a written reseller agreement
- Use our Services in a manner that exceeds reasonable usage limits
4.2 Account Responsibilities
If you create an account with us:
- You are responsible for maintaining the confidentiality of your credentials
- You are responsible for all activities under your account
- You must notify us immediately of any unauthorized access
- You must provide accurate and current information
- We may suspend or terminate accounts that violate these terms
5. Intellectual Property
5.1 Our Intellectual Property
All intellectual property rights in and to our Services, including but not limited to:
- Software code, algorithms, and architecture
- User interfaces, designs, and visual elements
- Documentation, training materials, and content
- Trademarks, logos, and brand assets
- Trade secrets and proprietary methodologies
remain the exclusive property of SyncMintLabs. Nothing in this Agreement grants you ownership of our intellectual property.
5.2 Client Intellectual Property
You retain ownership of:
- Your business data and content
- Your trademarks, logos, and brand assets
- Any intellectual property you owned prior to engaging our Services
You grant us a limited license to use your intellectual property solely for the purpose of providing our Services to you.
5.3 Custom Development Work
For custom development projects:
- Intellectual property ownership will be specified in the project agreement
- Unless otherwise agreed, custom code developed exclusively for you becomes your property upon full payment
- We retain the right to use general knowledge, techniques, and non-confidential methodologies in future projects
- Pre-existing code, libraries, and frameworks remain our property and are licensed to you
6. App Licensing
6.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use our applications on your authorized Shopify store(s)
- Access application features as described in the relevant documentation
- Permit authorized employees to use the applications for business purposes
6.2 License Restrictions
You may NOT:
- Sublicense, sell, or redistribute our applications
- Modify, adapt, or create derivative works
- Remove or alter any proprietary notices or labels
- Use the applications beyond the scope of the granted license
- Transfer the license to another party without our consent
6.3 License Termination
The license automatically terminates if you:
- Breach any provision of these Terms
- Fail to pay applicable fees
- Uninstall or cancel your subscription
- Request termination in writing
Upon termination, you must cease all use of our applications and we may delete your data in accordance with our data retention policies.
7. Billing and Payment
7.1 Pricing
Fees for our Services are as specified on our website, in application listings, or in written proposals. Prices are subject to change with notice. Unless otherwise stated, prices do not include applicable taxes.
7.2 Payment Terms
- Subscription Apps: Billed monthly or annually through Shopify's billing system or our payment processor. Subscriptions auto-renew unless cancelled.
- One-Time Purchases: Payment due upon purchase.
- Custom Development: Payment terms as specified in the project proposal, typically including milestone-based payments or retainer arrangements.
- Consulting Services: Billed hourly, daily, or as fixed-fee engagements per agreement.
7.3 Late Payments
Invoices are due within 15 days unless otherwise specified. Late payments may incur:
- Interest charges of 1.5% per month on overdue amounts
- Suspension of Services until payment is received
- Termination of the Agreement after 30 days of non-payment
7.4 Refunds
Refund policies vary by service type:
- Subscription Apps: No refunds for partial billing periods. You may cancel anytime to stop future charges.
- Custom Development: Non-refundable deposits. Refunds for prepaid work not yet completed may be issued at our discretion, less a cancellation fee.
- Disputes: Contact us within 30 days of billing for disputes.
8. Confidentiality
Both parties agree to:
- Maintain confidentiality of proprietary information disclosed during the engagement
- Use confidential information only for purposes of this Agreement
- Not disclose confidential information to third parties without consent
- Return or destroy confidential information upon termination
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Warranty Disclaimer
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS
- UNINTERRUPTED OR ERROR-FREE OPERATION
WE DO NOT WARRANT THAT:
- Our Services will meet your specific requirements
- Our Services will be compatible with all third-party systems
- Any errors or defects will be corrected
- The Services will be free from viruses or harmful components
Some jurisdictions do not allow exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- SYNCMINTLABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.
- OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow limitation of liability for certain damages, so some of the above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless SyncMintLabs, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your content or data processed through our Services
- Your negligence or misconduct
12. Third-Party Services
Our Services integrate with third-party platforms (Shopify, Zoho, QuickBooks, etc.). We are not responsible for:
- The availability, accuracy, or performance of third-party services
- Changes to third-party APIs or functionality
- Third-party terms of service or privacy practices
- Data handling by third-party services
Your use of third-party services is subject to their respective terms and conditions.
13. Termination
13.1 Termination by You
You may terminate this Agreement at any time by:
- Uninstalling our applications from your Shopify store
- Cancelling your subscription through Shopify or our billing system
- Providing written notice to terminate custom development or consulting engagements (subject to project-specific terms)
13.2 Termination by Us
We may terminate or suspend your access immediately, without notice, if:
- You breach any material provision of these Terms
- You fail to pay fees when due
- We are required to do so by law
- We discontinue the Service (with reasonable notice)
13.3 Effect of Termination
Upon termination:
- Your license to use our applications immediately terminates
- You must cease all use of our Services
- Outstanding payments become immediately due
- We may delete your data after a reasonable retention period
- Provisions that by their nature should survive termination will survive
14. Dispute Resolution
14.1 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us at legal@syncmintlabs.com to attempt to resolve the dispute informally. We will endeavor to resolve disputes within 30 days.
14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
14.3 Jurisdiction
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Dewas, Madhya Pradesh, India.
14.4 Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of any class, consolidated, or representative action.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and SyncMintLabs regarding the subject matter herein.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
15.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
15.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15.5 Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, or infrastructure failures.
15.6 Notices
Notices to SyncMintLabs must be sent to legal@syncmintlabs.com or by mail to our registered address. Notices to you will be sent to the email address associated with your account.
16. Contact Information
For questions or concerns regarding these Terms and Conditions:
SyncMintLabs
Amrit Nagar, Dewas
Madhya Pradesh, India
Legal Inquiries: legal@syncmintlabs.com
General Inquiries: hello@syncmintlabs.com
Support: support@syncmintlabs.com