1. Objective

We offer fully functional websites to our users that do not require fancy tools and advanced coding knowledge to get their business online. As detailed in the below sections, users can use various simple zero-coding tools to customize their website and take their business online. The websites along with the default services purchased by the users are collectively referred to herein as (User Environment)

2. Legal Agreement

This Webkart Studio Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Webkart Studio website(s) (“Webkart Studio Website”, and collectively – the “Webkart Studio Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Webkart Studio website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Webkart Studio website or the Webkart Studio collectively – the “Webkart Studio Services” or “Services”).

The Webkart Studio Terms constitute a binding and enforceable legal contract between Zeroone Creatives Private Limited (“Webkart Studio”, “us” or “we”) and you in relation to the use of any Webkart Studio Services – so please read them carefully.

You may visit and/or use the Webkart Studio Services only if you fully agree to the Webkart Studio Terms – and by using and/or registering to any of the Webkart Studio Services, you signify and affirm your informed consent to these Terms of Use and any other Webkart Studio Terms applicable to your use of any Webkart Studio Services. If you do not read, fully understand, and agree to the Webkart Studio Terms, you must immediately leave the Webkart Studio Website/s and avoid or discontinue all use of the Webkart Studio Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://webkartstudio.com/privacy-policy/ (“Privacy Policy”).

3. Account of the User

In order to make a purchase of a website on Webkart Studio and use certain features of the Webkart Studio Services, you must first register and create an account with Webkart Studio (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Webkart Studio Services), make changes to your User Platform(s), and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Webkart Studio Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership reach a resolution, without liability to you or any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

Webkart Studio will consider the owner of a User Account, as the person or entity who has access to the e-mail address then listed in Webkart Studio’s records for such User Account under which such User Account was created.

If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Webkart Studio will consider the owner of such User Account thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”) … In the event that an individual and an organization are both registered as the registrant or the registrant organization of a domain, Webkart Studio will consider the organization as the actual owner of the domain, and therefore as the owner of the User Account connected to such domain. In the event, the Billing Information indicates one person as the owner of the User Account and the domain registration indicates a different owner, Webkart Studio shall consider the person registered as the owner of the domain connected to the Webkart Studio Account as the owner of the User Account.

Notwithstanding the foregoing, Webkart Studio shall have the right to determine the ownership of User Website as it chooses, including by ignoring the indications set forth above, in the event, Webkart Studio deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Webkart Studio.

4. User / Visitor Obligation

You represent and warrant that:

you are at least sixteen (16) years of age, or eighteen (18) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Webkart Studio Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Webkart Studio Terms;

you are not a resident of (or will use the Webkart Studio Services in) a country that the U.S. government has embargoed for use of the Webkart Studio Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

you understand that Webkart Studio does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically, regarding your User Content:

you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied, or uploaded by Webkart Studio Services for you, to your Website (“User Website”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, the information you provide for the purpose of creating your webpages or a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents, and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;

you have (and will maintain) the full power, title, licenses, consents, and authority to allow Webkart Studio Services to access any websites, web pages, and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using your User Content.

the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display, or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Webkart Studio and/or your End Users to access, import, copy, upload, use or possess in connection with the Webkart Studio Services;

you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission, and publication of any personal information and/or image or likeness of any person, entity, or property that is part of the User Content, and you will adhere to all laws applicable thereto.

5. Affiliate Program Terms and Policies

These Affiliate Program Terms and Policies (the “Agreement”) are entered into by and between Webkart Studio, (“Company”), and the an Affiliate (“Affiliate”) joining the Company’s affiliate program (the “Program”). By participating in the Program, Affiliate agrees to comply with and be bound by the terms and conditions set forth in this Agreement.

1 Enrollment in the Program

• To enroll in the Program, the Affiliate must complete the online application on the Company’s website.
• The Company reserves the right to accept or reject any application at its sole discretion.
• To make a purchase using an Affiliate’s Unique Coupon Code, the client must have an account on Webkart Studio. The Affiliate has the flexibility to manage multiple clients, each utilizing the Affiliate’s Unique Coupon Code when making their individual purchases.

2. Commissions and Payouts

• Commission rates and payout schedules will be clearly communicated to the Affiliate upon acceptance into the Program
• The Affiliate will earn a commission on qualifying sales generated through their unique coupon code.
• Affiliates are rewarded with commissions based on the successful utilization of unique coupon codes, fostering a performance-driven partnership.
• The commission percentage is calculated based on the actual sale amount (excluding applicable taxes) as per the invoice, providing transparency in earnings.
• Commission rates on product sales are subject to dynamic management discretion, offering a flexible range from a minimum of 12% to a maximum of 16%.
• The commission range is determined by the number of websites an individual sells within a 30-day period for each category. At the start of every month on the first day, the sales count is reset to zero. Sales of websites across multiple categories do not contribute to the cumulative commission range.
• Commissions will be processed not later than 15 working days from the last day of the month, ensuring timely compensation via the EFT payment method.
• Commission payouts are subject to tax deductions at the source, ensuring compliance with applicable tax regulations.
• Commissions are exclusively applicable to product sales (Websites Only), emphasizing the affiliate’s role in driving tangible product-oriented transactions. There are NO COMMISSIONS applicable to ‘RENEWALS’ and ‘SERVICES’ provided by the Company.
• Affiliate coupons remain valid for three months, to be renewed by an Affiliate every quarter, promoting sustained engagement and incentivizing sales.
• The Company reserves the right to adjust coupon discounts and commission rates at its discretion, allowing for adaptability to market dynamics and business strategies.
• Commmission Range:
  Each of the 3 business categories (Starter, Standard and Plus) of websites have the following 3 commission range for the number of websites sold in a month for a single category:
  Range 1-4 website – 12%
  Range 5-9 website – 14%
  Range 10-15 website – 16%

3. Tracking and Reporting

• The Company will provide the Affiliate with a unique coupon code for accurate commission tracking.
• The Affiliate can access reports, sales details, and commissions through the Affiliate Reports tab.
• The Affiliate will receive monthly reports on sales details and commissions on their registered email id.

4. Termination

• The Company reserves the right to terminate an Affiliate’s participation in the Program for a violation of any terms or engaging in unethical practices.

5. Intellectual Property

• The Affiliate may use the Company’s approved promotional materials, logos, and trademarks solely for the purpose of promoting the Company’s products/services.
• The Affiliate may not alter or modify any of the Company’s intellectual property without prior written consent.

6. Confidentiality

• Both parties agree to keep confidential any information shared during the course of this Agreement.
• The Affiliate may not disclose confidential information to third parties without prior written consent.

7. Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of Mumbai.

8. Modification

• The Company reserves the right to update or modify this Agreement at any time. The Affiliate will be notified of any changes, and continued participation in the Program after changes constitute acceptance of the modified terms.

8. Miscellaneous

• This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
• No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
• Affiliates are encouraged to communicate via email at help@webkartstudio.com for any program-related queries, providing a direct and efficient channel for support.
• All decisions made by the management regarding the affiliate program are deemed final, ensuring clarity and consistency in program administration.

6. Users and Visitors Agree to undertake and agree to:

Fully comply with all applicable laws and any other contractual terms which govern your use of the Webkart Studio Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

be solely responsible and liable with respect to any of the uses of the Webkart Studio Services which occur under your User Account and/or your website, and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Webkart Studio Services);

regularly and independently save and back up any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third-Party Services used by you;

receive from time-to-time promotional messages and materials from Webkart Studio or its partners, by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;

allow Webkart Studio to use in perpetuity, worldwide and free of charge, any version of your Website (or any part thereof) for any of Webkart Studio’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Webkart Studio or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

Webkart Studio’s sole discretion as to the means, manner, and method for performing the Webkart Studio Services, including those regarding the hosting, transmission, publication, and/or display of any User Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

​Webkart Studio shall have the right to offer the Webkart Studio Services in alternative price plans and impose different restrictions as for the upload, storage, download, and use of the Webkart Studio Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, etc.

7. Users and Visitors Agree to undertake and agree not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Webkart Studio Website, the Webkart Studio Services (or any part thereof), any Content offered by Webkart Studio or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Webkart Studio’s prior written and specific consent and/or as expressly permitted under the Webkart Studio Terms;

submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Webkart Studio or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services;

phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;

upload, insert, collect or otherwise make available within the Webkart Studio Website or the Webkart Studio Services (or any part thereof), any malicious, unlawful, defamatory, or obscene Content;

publish and/or make any use of the Webkart Studio Services or Licensed Content on any website, media, network or system other than those provided by Webkart Studio, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the Webkart Studio Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Webkart Studio, in advance, and in writing;

use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Webkart Studio Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Webkart Studio Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Webkart Studio Services;

act in a manner which might be perceived as damaging to Webkart Studio’s reputation and goodwill or which may bring Webkart Studio into disrepute or harm;

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Webkart Studio or Webkart Studio Marks and/or variations and misspellings thereof;

impersonate any person or entity or provide false information on the Webkart Studio Services whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Webkart Studio and/or any End Users;

falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Webkart Studio or any third party endorses you, your User Website, your business, your User Products, or any statement you make;

reverse lookup, trace, or seek to trace another User of Webkart Studio Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally

identifiable information about visitors or users of the Webkart Studio Services without their express and informed consent;

disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Webkart Studio Services, the account of another User(s), or any other systems or networks connected to the Webkart Studio Services, by hacking, password mining, or other illegitimate or prohibited means;

probe, scan, or test the vulnerability of the Webkart Studio Services or any network connected to the Webkart Studio Services;

upload to the Webkart Studio Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Webkart Studio Services or Webkart Studio’s systems or networks connected to the Webkart Studio Services, or otherwise interfere with or disrupt the operation of any of the Webkart Studio Services or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

use any of the Webkart Studio Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

use the Webkart Studio Services for the creation and operation of websites whose main purpose (directly or indirectly) is video streaming;

access to Webkart Studio Services, User Accounts, Licensed Content, and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Webkart Studio Services, except as expressly permitted by the Webkart Studio Terms;

remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Webkart Studio Services and/or Licensed Content; or violate, attempt to violate, or otherwise, fail to comply with any of the Webkart Studio Terms or any laws or requirements applicable to your use of the Webkart Studio Services.

access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

8. Intellectual Property

As between Webkart Studio and you, you shall own all intellectual property pertaining to your User Content and any other materials created by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Webkart Studio does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to your website, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

9. Webkart Studio’s Intellectual Property

All rights, title, and interest in and to the Webkart Studio Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including Html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Webkart Studio Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Webkart Studio.

Subject to your full compliance with the Webkart Studio Terms and timely payment of all applicable Fees, Webkart Studio hereby grants you, upon creating your User Account and for as long as Webkart Studio wishes to provide you with the Webkart Studio Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Webkart Studio Services and Licensed Content, for the purpose of generating and displaying on your purchased website to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Webkart Studio Terms, and solely within the Webkart Studio Services.

The Webkart Studio Terms do not convey any right or interest in or to Webkart Studio’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Webkart Studio Terms constitutes an assignment or waiver of Webkart Studio’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the Webkart Studio Services, are open-sourced and do not require a license for its use.

10. Sublicensing

Webkart Studio does NOT allow any sublicensing in any condition whatsoever. The End Product – (each website on Webkart Studio) should not be extracted, reproduced, or used in any other way other than which is necessary in order to use the End Product. Each website on Webkart Studio is for the end user (Client) only. Webkart Studio defines the end-user or its client by their registered account id. Each account is limited to ONE website purchase only.

11. Feedback and Suggestions

If you provide us with any suggestions, comments, or other feedback relating to the Webkart Studio Services (whether existing, suggested, or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Webkart Studio. By providing such Feedback to Webkart Studio, you acknowledge and agree that it may be used by Webkart Studio in order to:

(i) further develop, customize and improve the Webkart Studio Services,

(ii) provide ongoing assistance and technical support,

(iii) contact you with general or personalized Webkart Studio -related notices and/or interview requests based on your feedback or otherwise,

(iv) facilitate, sponsor and offer certain promotions, and monitor performance,

(v) to create aggregated statistical data and other aggregated and/or inferred information, which Webkart Studio may use to provide and improve its services,

(vi) to enhance Webkart Studio data security and fraud prevention capabilities, and

(vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to Webkart Studio any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

12. Paid Services

The use of certain Webkart Studio Services may be subject to payment of particular fees, as determined by Webkart Studio in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Webkart Studio will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Webkart Studio reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Webkart Studio shall have the right to automatically and without notice renew your subscription to such Webkart Studio Service(s) at the full applicable Fee.

All Fees shall be deemed to be in Indian Rupee, except as specifically stated otherwise in writing by Webkart Studio. To the extent permitted by law (and unless specified otherwise by Webkart Studio in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, GST etc.), levies, or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable taxes relating to your use of the Webkart Studio Services, or any payments or purchases made by you. If Webkart Studio is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Webkart Studio is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize Webkart Studio (either directly or through its affiliates, subsidiaries, or other third parties) to request and collect payment and service fees (or otherwise charge, refund, or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Webkart Studio or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with Webkart Studio to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

13. Invoices

Webkart Studio and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Webkart Studio (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

14. Renewal Payment

By entering into this Agreement and purchasing a Webkart Studio Product or Service, you acknowledge and agree that the Product or Services shall renew in accordance with the terms stated herein.

To ensure uninterrupted services, all product purchases and certain Services include automatic renewals by default. Unless you explicitly notify the Webkart Studio admin in writing to discontinue the renewal, these products and services will be automatically renewed at the end of the applicable period. The renewal period will be equal to the original period (excluding extended periods), and, unless otherwise notified, at the same price or a subsidized renewal price (subject to applicable tax changes and excluding any discounts or other promotional offers provided for the first period).

For example, if the original subscription period for a Product or Service is one year, each renewal period (where applicable) will be for one year. Webkart Studio will charge you the applicable fees within two (2) weeks before the renewal period commences. In the event of failure to collect the fees owed by you, we may, at our sole discretion (but not obligated to), retry to collect at a later time and/or suspend or cancel your User Website and all its services without further notice.

You may stop the renewal of your product or service anytime by notifying the Webkart Studio team at admin@webkartstudio.com with the subject line: “CANCEL MY PRODUCT – ORDER NUMBER #12345” (Add the Order number of the purchased Product or Service you wish to discontinue).

Notwithstanding anything to the contrary in the foregoing, you are solely responsible for verifying and ensuring the successful renewal of the Webkart Studio Products or Services you use (whether or not such Webkart Studio Services are subject to automatic renewals). Accordingly, you shall be solely responsible for any discontinuation of any Webkart Studio purchased Product or Services previously acquired by you, including due to a cancellation, failure to charge the applicable recurring fees, or due to any Webkart Studio Services not being subject to automatic or manual renewals. You acknowledge and agree that you shall not have any claims against Webkart Studio in relation to the discontinuation of any Webkart Studio purchased Product or Services or Third-Party Services, for whatever reason.

Please note: If you fail to renew your purchased Product or Services on or before its due date and choose to discontinue your purchased Product or Services and User Account by informing the Webkart Studio team via the email mentioned above, all of your website content will be blocked and may be deleted without any backup. You undertake and indemnify Webkart Studio for any loss of data or information that happens due to the failure of not renewing your purchased Product or Services in time or due to deactivating your account and Website. Webkart Studio may also charge an additional fee to activate your new account.

15. Money-Back Guarantee

If you are not satisfied with Webkart Studio Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason.

Please note: Services purchased, or Subscription enrolled on or through the Webkart Studio Services are non-refundable. Webkart Studio will not refund any amounts paid for Services, applications, or Third-Party Services.

Please carefully check the terms of each service before buying, since all services are non-refundable.

16. Chargebacks

If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your Webkart Studio account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Webkart Studio Services and of your live website may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account and Live Website may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account and live website, including any domains, applications, and Third-Party Services may be subject to cancellation and Capacity Loss (as defined in Section below).

Your use of the Webkart Studio Services and your live website will not resume until you re-subscribe for any such Webkart Studio Services, and pay any applicable fees in full, including any fees and expenses incurred by Webkart Studio and/or any Third-Party Services for each Chargeback received (including Fees for Webkart Studio Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to Webkart Studio, we encourage you to first contact our Billing Support team at help@webkartstudio.com before filing a Chargeback or reversal of payment, in order to prevent the Webkart Studio Services from being cancelled and your User Account and live website being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Webkart Studio Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did authorize the transaction and make use of the services rendered thereafter.

17. Order Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Webkart Studio Services at any time including the live website, in accordance with the instructions available on the Webkart Studio Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Webkart Studio Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

To cancel your Paid Services or Renewals, please write to help@webkartstudio.com

18. Order Cancellation by Webkart Studio

Failure to comply with any of the Webkart Studio Terms and/or to pay any due Fee shall entitle Webkart Studio to suspend (until full payment is made) or cancel your User Account and your live website as well as the provision of any related Webkart Studio Services (e.g., Paid Services) or Third-Party Services to you.

19. Loss of Data, Content, and Capacity

If your User Account or any Webkart Studio Services or Third-Party Services related to your User Account or User Website are cancelled (whether at your request or Webkart Studio’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, and your User Website including any User Content, End User Data or other user data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Webkart Studio shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to the re-activation of a User Account and/or any Webkart Studio Services including making the website live, following their cancellation, as determined by Webkart Studio in its sole discretion.

20. Online Store / eCommerce websites – Acknowledgements and Warranties

The Webkart Studio Services also include certain features which enable you to sell goods, content, media, event tickets, and services through your User Platform / Live Website / Online Store (“User Products”, ‘’Live Website”, “Online Store” and collectively – “E-Commerce”).

You are solely responsible for your User Products / Live Website / Online Store and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform / Live Website / Online Store, and compliance with any laws applicable thereto. We are merely providing the service and assistance for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through the payment gateway of your choice or through a third-party payment service provider (“Payment Provider(s)”). Webkart Studio is not responsible or involved in any transaction/purchase that is done on your User Platform / Live Website / Online Store.

You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

21. Payment Providers

Depending on your location, upon purchasing certain Premium Plans (as offered on the Webkart Studio Website), Webkart Studio may automatically enable a payment gateway on your User Platform / Live Website / Online Store and further assist you in connecting a payments account on your name to allow you to accept payments from your customers. Any payout from such an account is solely your responsibility.

Webkart Studio may charge an additional fee for assisting in setting up this payment gateway. Any account connected to the Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers or the actions of any of these Payment Providers. If you do not wish to keep any Payment Provider active, it is your responsibility to deactivate them. Webkart Studio does not charge any fee for any transaction that happens through your User Platform / Live Website / Online Store.

By using any of our E-Commerce websites, you acknowledge, warrant, and agree that:

You shall be solely and fully responsible for all taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;

Any Taxes indicated by the E-Commerce features provided to you by Webkart Studio are solely provided for illustration purposes only, and may not be relied on in any way;

You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

You are solely responsible for any and all statements and promises you make and for all assistance, warranty, and support regarding the User Products, and shall provide true contact information on your User Platform / your website for any questions, complaints, or claims; and

You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

Webkart Studio may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform / Live Website / Online Store and/or any User Products – whether or not incorporated, published with, or made a part of your User Platform / Live Website / Online Store at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

22. Third-Party Services

The Webkart Studio Services enable you to engage and procure certain third party services, products, and tools for enhancing your User Platform / User Website / Business Website / Online Store and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third-party applications, and widgets, third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform / User Website / Business Website, etc. (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Webkart Studio Services, offered separately by Webkart Studio or persons certified or authorized by Webkart Studio, or otherwise offered anywhere on the Webkart Studio Services), Webkart Studio merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Webkart Studio will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

You acknowledge that such services may require the payment of additional amounts to Webkart Studio and/or to the providers of such Third-Party Services.

Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third-Party Services, which you are encouraged to review before engaging with them.

If you use third parties’ services, software, or goods while using our Services, you declare that you act in compliance with their terms of use.

While we hope to avoid such instances, Webkart Studio may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform / User Website / Business Website and/or the Webkart Studio Services, any Third-Party Services – whether or not incorporated with or made part of your User Account and/or User Platform / User Website / Business Website at such time – without any liability to you or to any End Users.

23. Misconduct and Abuse

When using Webkart Studio Services, you may be exposed to User Platforms, User Content, or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Webkart Studio with respect thereto.

If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the Webkart Studio Services, please immediately report such User and/or Third-Party Service to us via this email – help@webkartstudio.com. You agree that your report shall not impose any responsibility or liability upon Webkart Studio and that Webkart Studio may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

24. Copyrights

If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by providing the following information via this email – help@webkartstudio.com:

(1) the contact details of the person authorized to act on behalf of the owner of the copyright;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Webkart Studio to locate the material (including URL address);

(4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

In the event that Webkart Studio receives notice regarding a copyright infringement related to your User Platform / User Website, it may cancel your User Account, take your User Platform / User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice, in which you must include:

(1) your full name, address, phone number, and physical or electronic signature;

(2) identification of the material and its location before removal;

(3) a statement under penalty of perjury that the material was removed by mistake or misidentification;

(4) your consent to an appropriate judicial body; and

(5) any other information required. Any notices filed pursuant to this Section 9 may be deemed accepted, at Webkart Studio’s sole reasonable discretion. Webkart Studio reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

25. Disclaimer of Warranties

We provide the Webkart Studio Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the offerings provided under Webkart Studio or Webkart Studio Services (or any part, feature, or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third-Party Services) mentioned on or made available via the Webkart Studio Services – so please be sure to verify those before using or otherwise engaging them.

Webkart Studio may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Platform / User Website and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Webkart Studio be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published, and/or made available by any User or any other party on and/or through the Webkart Studio Services on their User Platform / User Website / Business Website / Online Store, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Webkart Studio shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Webkart Studio Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Webkart Studio Services and that Webkart Studio cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Webkart Studio does not recommend the use of Webkart Studio Services for the hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain Webkart Studio Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Webkart Studio Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Webkart Studio Services at this BETA stage signifies your agreement to participate in such Webkart Studio Services’ BETA testing.

26. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Webkart Studio, its officers, directors, shareholders, employees, affiliates, and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, including any damages resulting from:

(1) errors, mistakes, or inaccuracies of or in any content;

(2) any personal injury or property damage related to your use of the Webkart Studio Services;

(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;

(4) any interruption or cessation of transmission to or from the Webkart Studio Services;

(5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Webkart Studio Services;

(6) events beyond the reasonable control of Webkart Studio, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Webkart Studio Services.

You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for Webkart Studio’s services to you, and such limitations will apply even if Webkart Studio has been advised of the possibility of such liabilities.

27. Indemnity

You agree to defend, indemnify and hold harmless Webkart Studio, its officers, directors, shareholders, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from:

(1) your violation of any term of these Terms of Use or any other Webkart Studio Terms;

(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Webkart Studio Services, including, without limitation, Webkart Studio Services’ actions for your benefit; and/or

(3) any other type of claim that your User Platform / User Website / Business Website / Online Store and/or User Content caused damage to a third party.

28. Changes & Updates

Webkart Studio reserves the right to change, suspend or terminate any of the Webkart Studio Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Webkart Studio Services (including removal of any materials created by you in connection with the Webkart Studio Services) for any reason and/or change any of the Webkart Studio Terms with or without prior notice – at any time and in any manner.

You agree that Webkart Studio will not be liable to you or to any third party for any modification, suspension, or discontinuance of those Webkart Studio Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account / User Website (as further explained in Section 6 above), continue to support your then-current Webkart Studio Services without enabling such changes, or provide you with alternative Services.

29. Governing Law & Jurisdiction; Class Action Waiver

The Webkart Studio Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Webkart Studio Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Webkart Studio Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Maharastra, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Mumbai the application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Webkart Studio shall only be resolved on an individual basis and you shall not have the right to bring any claim against Webkart Studio as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

30. Notices

We may provide you with notices in any of the following methods:

(1) via the Webkart Studio Services, including by a banner or pop-up within the Webkart Studio Website, User Account or elsewhere;

(2) by e-mail, sent to the e-mail address you provided us; and/or

(3) through any other means, including any phone number or physical address you provided us. Webkart Studio’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

31. Relationship

The Webkart Studio Terms, and your use of the Webkart Studio Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Webkart Studio and you.

32. Entire Agreement

These Terms of Use, together with the Webkart Studio Terms and any other legal or fee notices provided to you by Webkart Studio, shall constitute the entire agreement between you and Webkart Studio concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Webkart Studio and you, including those made by or between any of our respective representatives, with respect to any of the Webkart Studio Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of Webkart Studio in entering into any of the Webkart Studio Terms.

33. Assignment

Webkart Studio may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Webkart Studio Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Webkart Studio. Any attempted or actual assignment thereof without Webkart Studio’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎(”Assignment”) shall not in itself grant either Webkart Studio or you the right to cancel any Webkart Studio Services or Third-Party Services then in effect.

34. Severability & Waivers

If any provision of the Webkart Studio Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Webkart Studio Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

35. Interpretation

Any heading, caption, or section title contained herein, and any explanation or summary otherwise, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English, and later may be translated into other languages for your convenience.

36. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:

Go to the Contact page which is available at the contact page https://webkartstudio.com/contact/

Send an email message to: help@webkartstudio.com