Terms and Conditions
Last Updated: June 11, 2024
1. Introduction and Acceptance
- These Terms and Conditions ("Terms") govern your access to and use of the Aixel platform
("Platform") provided by Bubbledata Technologies Private Limited ("Aixel," "we," "us," or
"our"), a company registered at Innov8 Mantri Commercio, Tower A 5th Floor, Bellandur, Bangalore
South, Bangalore- 560103, Karnataka, India. This Website, https://aixel.io, is published in
accordance with the provisions of Rule 3(1) of The Information Technology (Intermediaries
Guidelines) Rules, 2011 under the Information Technology Act, 2000.
- By accessing or using the Platform, you ("User," "you," "your" or "Client") agree to be bound by
these Terms. If you do not agree with these Terms, you are not authorized to use the Platform
- These Terms incorporate our Privacy Policy ("Privacy Policy"), available at Privacy Policy, which details our data collection, processing,
and security practices. We also recommend that the users of our platform have privacy policies
that provide information on how they process data, and that includes how they use Aixel to
process end user data. We are not responsible for the contents of your policy, and you are
solely responsible for ensuring compliance with applicable laws.
- We reserve the right to update these Terms at any time. We will notify you of significant
changes through [mention method: e.g., email, in-app notification] or by posting the updated
Terms on our website. Your continued use of the Platform after such changes constitutes your
acceptance of the revised Terms
2. Definitions
- Platform: Refers to the Aixel, including all software, APIs, integrations, and documentation
provided by Aixel.
- User or Client: Refers to the business entity that has registered for or is using the Platform,
including their authorized representatives.
- End-User: Refers to the individuals who interact with your (Client's) websites and services,
whose data is processed by the Platform through your integrations.
- Customer Data: Refers to all data collected by Aixel from the User or the User’s linked
accounts, including Personal Information, Platform Data, Advertising Data, and Technical Data.
- Personal Information: As defined under applicable data privacy laws (e.g., IT Act and the
Digital Personal Data Protection Act, 2023), including information that identifies or can be
used to identify an individual, such as name, email, phone number, IP address, etc.
- Technical Data: Includes IP addresses, geolocation (with consent where required), session
durations, actions on a website, browser type, device type, unique device identifiers, time and
date of visits, pages visited, referral URLs, and other diagnostic data.
- Platform Data: Information related to the User’s connected platform accounts (e.g., Shopify,
Meta Ads, and Google Ads), including campaign data, settings, metrics, and performance data.
- Advertising Data: Data related to user interactions with online advertisements and marketing
campaigns, including clicks and conversions, from platforms like Google Ads and Facebook Ads.
- Linked Account: Refers to your accounts on third-party platforms (e.g., Shopify, Meta Ads, and
Google Ads) that you connect to the Platform.
- Conversion APIs: Refers to the APIs provided by Meta Ads and Google Ads for transmitting
conversion data.
- Subscription or Order: Means an order form or an online purchase process, one time or recurring,
which entitles one to use the Platform or Service for a User in accordance with this Agreement,
and which you purchase on a monthly, quarterly, or annual basis.
- Services: Means the Platform or software service that we offer as a subscription for the
mentioned time period.
- Term: Means the period of your initial subscription or any subsequent renewal period.
3. Platform Access and Use
- Eligibility: You must be authorized to operate the business associated with the linked accounts
and be at least 18 years old to use the Platform. The Platform is intended for use by businesses
and not designed for use by children.
- Account Registration: You must provide accurate, complete, and current information during
registration. You are responsible for maintaining the confidentiality of your account
credentials and for all activities that occur under your account. You shall notify us
immediately if you know of or suspect any unauthorized use of your account, username, or
password.
- Linking Accounts: You are solely responsible for ensuring that you have all necessary
permissions to link your Shopify, Meta Ads, and Google Ads accounts to the Platform. You warrant
that your use of the platform is done under compliance with the applicable third-party terms and
policies, including that those are connected with appropriate consent from the end-users and the
compliance requirements.
- Shopify Account Setup: If you are a Shopify user, you may connect to the Platform by installing
the Aixel application through the Shopify app store. Upon installing the application, you agree
to the respective terms and conditions and privacy policy. After connecting with Shopify, you
may set up a User Account with Aixel using a User registration form, where you will be required
to disclose certain basic, personal, and non-personal information, like your name, address
(city, country, pin code), and details of your business, contact details (telephone and email),
details about the industry in which you operate, and details of the products that you will be
offering on your e-commerce store, including the type and category of the product and its
market.
- Verification Scrutiny: Upon your registration on the Website, we shall undertake a verification
scrutiny of the details furnished, and in the event the information submitted by you is found to
be false or fraudulent or a misrepresentation of facts or is misleading, inaccurate, or
incomplete or otherwise of doubtful authenticity at any time, we reserve the right to deny or
block your access to the Website and to its Services and/or to suspend or terminate or cancel
your user account.
- License: We grant you a limited, non-exclusive, non-transferable, revocable license to access
and use the Platform for conversion optimization purposes, subject to your compliance with these
Terms.
- Restrictions: You agree not to: (a) reverse engineer, decompile, or otherwise attempt to derive
the source code of the Platform; (b) use the Platform for any unlawful purpose; (c) infringe
upon any third-party intellectual property rights; (d) impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation; (e) use automated means, such as bots,
to access the platform; or (f) use the Platform in a manner that could impair the functioning of
the Platform.
- Acceptable Use: You agree that you shall use this Platform only for intended purposes and that
you are solely responsible for compliance with all applicable third-party platform and service
usage policies and standards. You agree not to use this platform for any illegal or unethical
purposes.
- Payment processors. Any payment card information you use to make a purchase on the Service is
collected and processed directly by our payment processors, and we never physically receive or
store your full payment card information. Our payment provider commits to complying with the
Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security.
4. Data Collection and Processing
- Data Collection: We collect Customer Data as described in our Privacy Policy, including
data from your linked accounts (Shopify, Meta Ads, and Google Ads) and through your interactions
with our Platform. You acknowledge that our collection of data from your linked accounts is subject
to the terms and conditions and privacy policies of the respective platforms, including but not limited
to Meta Platform Policy, Google API Services User Data Policy, and Shopify’s API Terms. It is your
responsibility to comply with the terms and policies of these third-party platforms. This includes
Personal Information such as email, phone number, IP addresses (with consent where required), browsing
behavior, order information, ad interaction data, and any additional information you chose to share.
We collect this information through standard APIs and webhooks provided by third-party platforms.
- Purpose of Data Collection: We collect and process Customer Data for the
following specified purposes:
- To provide, operate, and maintain the Platform and its functionalities.
- To track user journeys from ad clicks to order completion and other conversions.
- To generate analytics and reports.
- To improve the Platform's features and user experience.
- To share conversion data back to Meta Ads and Google Ads through Conversion APIs (where
applicable).
- To personalize your experience on the Platform.
- To communicate with you and provide customer support.
- For legal and compliance purposes.
- For Marketing and Sales purposes only with your consent, which can be revoked at any time by
opting out or unsubscribing.
- Data Minimization: We will collect and process only the Customer Data that is necessary
for the purposes outlined in these Terms and our Privacy Policy.
- Data Processing: You acknowledge and consent to us processing your Customer Data,
including Personal Information, for the purposes mentioned in these Terms and our Privacy Policy.
- Consent: By using the Platform, you grant explicit consent for the collection and
processing of your Customer Data for the specified purposes.
- Data Security: We implement commercially reasonable technical, organizational, and
administrative security measures to protect your Customer Data, including encryption in transit and
at rest, access controls, and regular security reviews. However, no security system is impenetrable.
We take regular backups.
- We use your information to process your Service subscription transactions and process your
related payments
5. End-User Data and Privacy
- Your Responsibility: You are solely responsible for complying with all applicable
data protection laws when providing us access to End-User Data. This includes obtaining explicit
consents from End-Users for the collection, processing, and transfer of such data as per applicable
laws and the sharing of this data with our platform as described in our privacy policy.
- Privacy Obligations: You agree to maintain a clear, lawful, and compliant
privacy policy on your website informing your end-users about your data collection practices and
your use of Aixel. This policy must clearly explain that their data is shared with Aixel for the
purpose of providing you with the platform's functionalities, provide a link to our Privacy Policy, and must provide information
about opt-out mechanisms, along with clear instructions on how end-users can exercise their data
rights. You are also responsible for providing a contact mechanism for the end user to reach out
to you.
- No Liability: We are not responsible for your failure to obtain appropriate consents
or comply with data protection laws. You agree to indemnify us for any claims by your end-users related
to violation of data privacy.
- Compliance with Data Protection Laws: Aixel commits to comply with applicable data
protection regulations, including IT Act 2000, the upcoming Digital Personal Data Protection Act
2023, and other international laws. We adhere to "Privacy by Design" principles.
6. Intellectual Property
- Ownership: Aixel owns all rights, title, and interest in and to the Platform, including
all intellectual property rights.
- Feedback: You agree that any suggestions, feedback, or ideas provided by you may
be used by us without any compensation to you.
- User Content: We do not claim any right on any data including logos or trademarks
or images that are provided by you to your account.
7. Third-Party Services
- The Platform integrates with third-party services (Shopify, Meta Ads, and Google Ads). Your use
of these services is subject to their respective terms of service and privacy policies, which
may change from time to time. Aixel is not responsible for any changes in the terms and policies
of these third-party platforms, and any impact that it may cause to your access to our platform,
or the functionalities provided by the platform. You acknowledge that you are also responsible
for complying with those terms. We specifically mention that, we adhere to the Meta Platform
Policy, Google API Services User Data Policy and Shopify’s API Terms and that your use of the
Platform is also dependent on your compliance with those policies.
8. Warranties and Disclaimers
- THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE.
- OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL
NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE
CLAIM.
- We are not liable for any damages or costs that you may incur from using or inability to use the
platform.
10. Indemnification
- You agree to indemnify, defend, and hold us harmless from and against any claims, damages,
liabilities, losses, costs, or expenses arising out of: (a) your use of the Platform; (b) your
breach of these Terms; (c) your handling of End-User Data; (d) any violation of third-party
policies and regulations.
11. Data Retention and Deletion
- We will retain your data for as long as necessary to provide our services, meet legal
obligations, and for business continuity purposes. When data is no longer needed, it is securely
deleted or anonymized in accordance with applicable platform guidelines and our own internal
data retention policy.
- Data from connected platforms, such as Shopify, Google Ads, and Meta Ads, will be deleted
according to the policies of each platform upon request or termination of service.
12. Data Subject Rights
- Under the upcoming Indian Digital Personal Data Protection Act 2023, you have the following
rights:
- The right to access your Personal Information.
- The right to rectify your Personal Information.
- The right to erasure of your Personal Information.
- The right to restrict the processing of your Personal Information.
- The right to data portability.
- The right to withdraw your consent for processing your Personal Information.
- The right to complain to the relevant authority.
- The right to object to the processing of your Personal Information.
- The right to opt-out of marketing communications.
- To exercise your rights, please contact us at hello@aixel.io. We will process all user requests
in compliance with applicable laws, guidelines, and platform policies. While we will promptly
address your data subject requests, please note that when you request for data deletion from our
platform, it does not automatically delete the data from third-party platforms (e.g., Meta,
Google, Shopify). To exercise those rights on third-party platforms, you must submit the request
to those platforms directly.
- Please note that end-users that interact with your (Client's) websites and services may also
exercise their data subject rights as mentioned above. You are responsible to provide them with
the necessary support and information to exercise those rights and also provide information
about Aixel's involvement.
13. Termination
- We may terminate your access to the Platform at any time, with or without cause, and without
prior notice.
- You may terminate your use of the Platform at any time.
- Upon termination, your right to use the Platform will cease, and data will be handled as per our
data retention policy.
14. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of India, without
regard to its conflict of law principles.
- Any dispute arising out of or in connection with these Terms shall be subject to the exclusive
jurisdiction of the courts in Bangalore, India.
15. Miscellaneous
- These Terms constitute the entire agreement between you and us regarding the use of the
Platform.
- If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions
shall remain in full force and effect.
- Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of
such right or provision.
- You agree not to assign these terms and conditions, wholly or partly without the written consent
of Aixel.
16. Electronic Communications
- By using this Platform, you agree that we may send you electronic communications, including but
not limited to emails, newsletters, notifications, and promotional offers. You may opt out of
marketing communications at any time by following the unsubscribe link in our emails or
contacting us at hello@aixel.io, however, essential communications related to your account and
our platform functionalities may still be sent to you.
17. Note for Minors
- This platform is intended for use by businesses and is not designed for use by children under
the age of 18.
18. Payment & Taxes
- Upon choosing a pricing plan you authorize us to take steps to determine whether the payment
method provided to us is valid or not. You also authorize us to charge the payment method for
all Fees payable during the Term, at the subscription billing frequency specified in the
applicable order, during your subscription Term and until all outstanding fees are paid in full.
- You will keep your payment method like debit/credit card, contact information, and billing
information up to date. We reserve the right to terminate this Agreement immediately if your
payment information on file is inaccurate, incomplete or outdated. You will be solely
responsible for any overdraft charges or other fees that may be incurred due to use of your
payment hereunder.
- All paid obligations are non-cancelable and all amounts paid are non-refundable, except as
expressly stated under the Annual Plan Cancellation and Refund Policy. All orders are due and
payable in advance throughout the Term. You authorize us to use a third party to process
payments, and you consent to the disclosure of your payment information to such third party.
- All subscription amounts are exclusive of taxes, which we will charge as applicable. You agree
to pay any taxes applicable to your use of the Services. You will have no liability for any
taxes based upon our gross revenues or net income. You have to provide us with all the necessary
information regarding your tax related proceedings.
19. Cancellation and Refund Policy
- Subscription Plan and Term: You are entitled to a complimentary trial period of
thirty (30) days. If the subscription is not canceled before the trial period ends, it will
automatically convert to a paid plan, and the designated payment method will be charged. By
default, subscriptions will renew automatically for the shorter of the original subscription
term or one year, unless otherwise specified. To avoid automatic renewal or to cancel your
subscription at any time, you may terminate the services through the Aixel Dashboard or by
contacting us at hello@aixel.io. We
reserve the right to modify these Terms and our pricing at any time. We will notify you via
email or dashboard notification in advance. Continued use of the Services after such changes
constitutes acceptance.
- Cancellation: You may cancel your subscription at any time. For users subscribed
to a monthly term plan, no refunds will be issued upon cancellation. Access to the platform will
remain available until the end of the current monthly billing cycle, after which access will be terminated
unless the subscription is renewed. All prepaid or unused fees are non-refundable. Upon cancellation,
you are responsible for promptly settling any outstanding amounts due through the remainder of your
subscription term.
- Usage Limits: If your subscribed plan exceeds the designated usage limits, additional
charges will be incurred. These overage charges are non-refundable, regardless of when they occur
within the subscription term. It is solely the user's responsibility to monitor their usage and acknowledge
that exceeding the plan’s limits will result in additional fees.
- Annual Plan Cancellation and Refund Policy: In the event of cancellation of an annual
subscription, Users shall be eligible for a refund of the unused portion of their subscription term,
calculated on a monthly basis at the standard, non-discounted monthly rate. Any discount applied
under the annual subscription plan shall not be considered when calculating the refund amount. If
the cancellation occurs after a partial month of usage, such partial month shall be rounded up and
counted as a full month for the purpose of refund computation. Users shall retain access to the platform
through the last fully billed month as determined at the time of cancellation.
- No refunds shall be issued for any portion of the month during which the cancellation request is
received. To be eligible for cancellation and refund under the annual subscription plan, Users
must submit a cancellation request email to hello@aixel.io at least three days prior to the intended cancellation date. Failure to provide timely notice may
result in ineligibility for a refund. Approved refunds are typically processed within 10-15 business
days.
20. Contact Us
- For any questions or concerns about these Terms, please contact us at:
- BUBBLEDATA TECHNOLOGIES PRIVATE LIMITED
- Innov8 Mantri Commercio, Tower A 5th Floor, Bellandur, Bangalore South, Bangalore- 560103,
Karnataka
- Email: hello@aixel.io
- Phone: +91 7204280772