Terms of Service
Last Updated: 28th February 2024
PRIME INFINITE offers tools and apps to process and enhance data like products and order information, such as:
● Bagpiper Product app to export Merchant’s product information
● Bagpiper Order app to export and process Merchant’s Order information of its customers.
● additional features and functionalities, amongst others as required to offer the above services.
Your use of and access to our services, software, website(s) (located at https://www.primeinfinite.com (including apps,browser extensions), and/or applications (“Services”) are governed by these Terms of service (“Terms”).
The Services may be provided to you online, in the form of a mobile, desktop application(s) and may be integrated in a third-party service. The Services allow you to process, upload, submit, store, share, receive, collect, capture, visualize products and order data of your clients or other content, including permitted and authorized third party content used by you (“Content”).
You retain all rights in- and responsibility and liability for all Content. PRIME INFINITE does not claim ownership of your Content.
The Services are provided to you as the user of the Services by PRIME INFINITE (“PRIME INFINITE”, “We, “us”, or “our”), with its main office at P 303, Laburnum Park Magarpatta, Hadapsar Pune (MH) - 411013
BY ACCESSING OR USING THE SERVICES IN ANY WAY, ACCEPTING THESE TERMS BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, BROWSING THE WEBSITE OR INSTALLING OR DOWNLOADING MOBILE AND/OR DESKTOP APPLICATION(S), & OTHER APPS FOR SOFTWARE PLATFORM PROVIDED BY PRIME INFINITE, YOU REPRESENT THAT:
(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BYTHESE TERMS;
(2) YOU ARE AT LEAST EIGHTTEEN (18) YEARS OLD;
(3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, THE EU, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND
(4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THESE TERMS IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THESE TERMS WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. FOR ALL OF OUR US USERS: UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN CLAUSE 17) WITHIN 30 DAYS IN ACCORDANCE WITH CLAUSE 17.10 (30-DAY RIGHT TO OPT OUT)
(1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND
(2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. Applicability
1.1. You are only allowed to use the Services when aged 18 or older.
1.2. Please read the Terms and the Data Processing Agreement (“DPA”) carefully. To the use of personal data and cookies in relation to the Services our Privacy Policy applies.
1.3. If the Services include, are used in connection with, or are integrated in the services of third parties, the terms and conditions, Data Processing Agreement (DPA) and/or privacy and cookie policies of those third parties may apply in addition to these Terms. If you are using the Services on behalf of your employer or another organization, you are agreeing to the terms of that organization and you represent and warrant that you have the authority to do so.
1.4. If you want to file a complaint or notice about unlawful Content being stored or shared via the Services or the PRIME INFINITE API, please read our DPA.
1.5. PRIME INFINITE can amend the Terms from time to time. The amended Terms will become effective upon them being posted on PRIME INFINITE’s website(s) mobile and/or desktop application(s), or at such later date as may be stated on the amended Terms. Therefore, we recommend that you review the Terms from time to time and take note of any changes. By continuing your use of the Services you accept the amended Terms. In case of material changes to the Terms, you will be informed prior to the change: (i) at the moment you use the Services, or (ii) by a message to the contact details you provided to us, or
In the event you do not accept any change in our Terms you may cancel your subscription. Where a user has paid for a subscription package in advance you shall receive a prorated refund for the remainder of your subscription package from the date at which the rejected amended Terms come into effect.
2. PRIME INFINITE
2.1. PRIME INFINITE Apps allows you to process, access and share your Content with others.
2.2. To process your Content you need to upload it and provide us access to it. The processed data is then made available to you and you reserve the right to download it and use it for your needs. You warrant that you will not submit, transfer or send spam or otherwise unsolicited, unlawful or unwanted Content or to any recipient via the apps. Also the app provides services which aids in processing and updating your Content. You warrant that by installing and using the app you have understand the services, its functionality.
2.3. PRIME INFINITE Apps pprovides the possibility to upload Content. Uploaded Content is stored on PRIME INFINITE’s servers for a limited period of time after which the ability to download expires. Depending on the transfer type and your subscription, limitations apply.
2.4. In case App(s) provide a limited period trial then, the after the expiry of the trail period PRIME INFINITE will permanently delete the uploaded files. These files will not be available nor retrievable anymore.
2.5. PRIME INFINITE treats Content as confidential. You are solely responsible for the Content you upload and share.
2.6. PRIME INFINITE reserves the right to permanently delete Content from your account (including from Portals and Reviews) when you stop interacting with PRIME INFINITE for a period of at least 60 days, when you delete your Content from your account, when you cancel your PRIME INFINITE subscription or when you delete your account. Full payment of applicable fees is considered to be active use of your account. For more information on PRIME INFINITE’s data retention clause, please read our Privacy Policy.
2.7. PRIME INFINITE reserves the right to permanently delete your Content when you stop interacting with the apps, when you delete/unsubscribe from the apps and Services, when you cancel subscription or when you delete your account. Full payment of applicable fees is considered to be active use
3. Content ownership, permissions and responsibility
3.1. PRIME INFINITE does not claim any ownership of the Content you create, use, store or share through the Services and you are solely responsible for it. Also, you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the Services. You acknowledge that download and/or access links can be forwarded and that recipients having access to such links, can access the Content it’s connected with.
3.2. Some of the Services allow you to protect Content or transfers with a password. The user is solely responsible for the confidentiality and/or the distribution of passwords.
3.3. By using the Services you warrant that you have, for any Content you create, use, store or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub- license, transfer, store and/or make the Content online available as part of the Services.
3.4. PRIME INFINITE is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks.
3.5. More information on the use of your personal data and cookies (including for performance marketing) is available in our Privacy & Cookie Statement.
4. Restrictions
4.1. PRIME INFINITE respects your rights and expects that you respect those of others, including PRIME INFINITE, its artists, advertisers and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.
4.2. As a condition to make use of the Services you agree not to create, use, store or share any Content that:
1. features CSAI (child sexual abuse imagery);
2. is obscene, defamatory, libellous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
3. promotes racism, violence or hatred;
4. is factually inaccurate, false, misleading, misrepresenting or deceptive;
5. you don’t hold the rights to;
6. infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
7. infringes on or violates any applicable law or regulation;
8. constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.
9. abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
10. use the Services with the purpose of or involving activities with, in, or involving countries, regions, governments, persons, or entities that are the target of U.S. or EU sanctions, unless such activities are expressly authorized, whether by general or specific license or a license exception, by the applicable governmental authority;
11. impersonate or falsely pretend affiliation with any person or entity;
12. access any non-public areas of the Services;
13. interfere with any access or use restrictions;
14. use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;
15. send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
16. interfere with, damage or disrupt the Services or act in a way that may do so;
17. attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication, unless you do so in accordance with our Responsible Disclosure Policy;
18. use automated means to access or use the Services without our permission;
19. reverse engineer or decompile any (part) of the Services;
20. resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission;
21. allow others to use your account (unless this forms part of our subscription package Services).
4.3. PRIME INFINITE may use human and automated means to detect or receive reports of suspected violations of these terms, and applicable law and regulations.
5. Violations
5.1. In the event of any suspected violation of these terms, or applicable laws or regulations, PRIME INFINITE reserves the right to investigate. While PRIME INFINITE investigates, it may temporarily block Content, review the Content or suspend (your) access to the Services or certain features of the Services. Subsequently, based on the results, PRIME INFINITE may decide to temporarily or permanently terminate your account or your access to (certain) features of the Services. In any such event, PRIME INFINITE may also (be obligated to) provide your Content or information to third parties.
6. Intellectual property rights
6.1. All intellectual property rights and/or similar rights on the Services (including the software, images, PRIME INFINITE content, photography, graphic design, typography, portraits, logos, trademarks, trade names, domain names, copyrights and patents) are vested in PRIME INFINITE and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute, decompile, or reverse engineer any of it in any way.
6.2. PRIME INFINITE is not responsible or liable for third party content published within the Services, in-ad links to external websites or the content, products or services offered on external websites. You acknowledge and accept that all use outside the Services is at your own risk.
6.3. You will always respect and observe the good name and reputation of PRIME INFINITE and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of PRIME INFINITE and its licensors.
7. Disclaimer, termination and account registration.
7.1. PRIME INFINITE provides the Services “AS-IS”, without any warranty of any kind. Without limiting the foregoing, PRIME INFINITE explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. PRIME INFINITE makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that PRIME INFINITE is not responsible for any damages to your Content, data, files, the computer system or mobile device of you or any third party that result from the use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or Content contained in a file.
7.2. WITHOUT PREJUDICE TO THESE TERMS, PRIME INFINITE IS NOT LIABLE FOR AND HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY DAMAGE, LOSS OR PERSONAL INJURY RESULTING FROM ANY USE OF PRIME INFINITE SERVICES, INCLUDING ANY (TEMPORARY) UNAVAILABILITY OR (ACCIDENTAL) REMOVAL OF YOUR CONTENT OR ACCOUNT, WRONGFULLY DELIVERY OF YOUR CONTENT OR FAILURE OF ANY PAYMENTS.
7.3. To the extent permissible under local mandatory law, PRIME INFINITE may change, terminate or expand its Services and site from time to time and reserves the right to limit access to or eliminate any features or functionality of the Services in its own discretion, without giving prior notice. We will use reasonable efforts to give you notice of any major changes in our Services including cancellation, upgrades, downgrades and where applicable, prorated refunds of subscription packages.
7.4. Some of the Services require you to register and provide us with data such as your email address, password and/or payment details. You must ensure that these are accurate and keep them updated in your account settings. You are responsible for any activity from or by your account, so you should not share your password and you should protect it carefully. Should registrations or account data appear to be misused, PRIME INFINITE reserves the right to delete the account. PRIME INFINITE is not liable for any loss or damage arising from the unauthorized use of your account.
7.5. Notwithstanding the foregoing, it is PRIME INFINITE’s policy to terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to PRIME INFINITE by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes intellectual property rights infringement, please provide our legal department with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for PRIME INFINITE’s designated legal department is as follows: support@primeinfinite.com
8. Indemnity and Liability
8.1. You will defend, indemnify and hold harmless PRIME INFINITE (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with your access to or use of the Services or your breach of these Terms, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights.
8.2. The Services may provide integration with third-party services. You acknowledge that: (i) PRIME INFINITE is not responsible for any acts or omissions, terms and/or policies of such third-party services; (ii) that PRIME INFINITE is not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.
8.3. To the extent permissible under local mandatory law, PRIME INFINITE is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account. The limitation of liability referred to in this clause shall not apply if the liability for damage caused by intent or gross negligence on the part of PRIME INFINITE. In the event PRIME INFINITE is liable for damage under mandatory law, PRIME INFINITE’s aggregate liability to you - to the extent permissible under local mandatory law - for any and all claims arising out of or in connection with the use of the Services will in no event exceed the greater amount of (i) one hundred dollars per incident or (ii) the fees paid by you in the month of the occurrence giving rise to the liability.
9. Waiver, Severability and Assignment
9.1. PRIME INFINITE’s failure to enforce a provision is not a waiver of its right to do so later.
9.2. If any (part of a) provision of these Terms is found to be illegal, unenforceable or otherwise invalid, then (i) the rest of the Terms will remain in full force and effect to the extent permissible under or consistent with the relevant laws; and (ii) that part will be deemed to be deleted and substituted by a valid one which in its economic effect comes closest to the invalid part.
9.3. You may not assign any of your rights or obligations under these Terms. PRIME INFINITE is at any time entitled to assign its rights and obligations under these Terms to any of its affiliates or subsidiaries, or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation or otherwise) without your consent or any other restriction.
10. Arbitration Agreement
10.1. Applicability of Arbitration Agreement. This applies to US residential users only. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
10.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and PRIME INFINITE. If that occurs, PRIME INFINITE is committed to working with you to reach a reasonable resolution. You and PRIME INFINITE agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and PRIME INFINITE therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”).
10.3 If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and PRIME INFINITE agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this clause of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
11. Governing Law
11.1. FOR US RESIDENTS USERS ONLY: These Terms and any actions arising out of or in connection with it will be governed by and construed and interpreted in accordance with the State laws of California, without giving effect to any conflict of law or other principles that provide for the application of the law of another jurisdiction. The United Nations Convention on contracts for the international sale of goods does not apply to these Terms.
11.2. FOR ALL OTHER USERS: If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Indian law. Any disputes regarding these Terms will be submitted to the exclusive jurisdiction of a competent court in the Pune (with the exception of Indian private international law).
11.3. These Terms will not limit any consumer protection rights that you
may be entitled to under the mandatory laws of your country of
residence.
11.4. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Indian law and you agree to the exclusive jurisdiction of any competent court of the India.
12. Contact
You can contact PRIME INFINITE at support@primeinfinite.com.
