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