Terms of Service
CODEBEANS PRIVATE LIMITED, a corporation registered under Indian law with corporation number CIN U72900RJ2022PTC083598, offers the Notifylyst Solution as a SaaS service via its website https://www.notifylyst.com/ and the Notifylyst application.
By registering on the website https://www.notifylyst.com/ or using the Service, the Client acknowledges that he/she/it has read, understood and agreed to the entirety of these Terms of Service. CODEBEANS PRIVATE LIMITED strongly advises the Client to print and/or save a copy of the Terms of Service.
These Terms of Service are subject to change periodically. It is the Client’s responsibility to review them regularly and stay informed of any updates. By continuing to use the Service after the revised Terms of Service have been published, the Client acknowledges and accepts the modifications.
1. Definitions
In this Agreement, terms with an initial capital letter shall be defined as follows:
“Account” refers to the Client’s account established upon entering into the Agreement, granting access to the Service.
“Agreement” refers to the contract formed by these Terms of Service, the Subscribed Plan, the Privacy Policy, any subsequent amendments thereto, and any separate agreement between CODEBEANS PRIVATE LIMITED and the Client for the provision of the Service.
“Client” means the individual or legal entity, professional only, with whom CODEBEANS PRIVATE LIMITED entered this Agreement and whose name and address appear on the Account. The Client and CODEBEANS PRIVATE LIMITED are hereinafter collectively referred to as the “Parties” or individually as a “Party”.
“Personal Data” refers to any information that identifies or can be used to identify a natural person, either directly or indirectly.
“Content” means some data, whether individual or not, belonging to the client’s Shopify store, Shopify sent to the Notifylyst solution or collected through the store’s website.
“Documentation” means all documents that may be viewed, printed, sent and/or downloaded in electronic form from the website https://www.notifylyst.com/, including the knowledge base https://www.notifylyst.com/, and describing the functionalities of the Service and the Notifylyst Solution.
“Service” refers to the access provided by CODEBEANS PRIVATE LIMITED to the Notifylyst Solution and the Client’s use of the Notifylyst Solution in SaaS mode, whether via the website https://www.notifylyst.com/ or the Notifylyst application, in accordance with the terms and conditions of the Agreement.
“Subscribed Plan” refers to the fee-based plan selected by the Client for a fixed monthly period, as reflected in the Account and subject to potential modifications by the Client. The Service is offered through distinct plans, with functionalities detailed on the website ‘https://www.notifylyst.com/’ or through customized offers.
2. Purpose of the agreement
This Agreement establishes the terms under which CODEBEANS PRIVATE LIMITED grants the Client a non-exclusive, non-transferable right to use the Notifylyst Solution. In return, the Client agrees to pay the contractual fee and adhere to the requirements outlined in the Terms of Service.
3. Service description, access and availability
3.1 Description of the service
Notifylyst Solution is a Shopify application that seamlessly integrates with the Client’s Shopify store, allowing visitors to express interest in out-of-stock products. When a product becomes available, the Service automatically notifies customers via email.
This Service does not include data storage. The Client is solely responsible for ensuring that all product-related data is properly saved and maintained. CODEBEANS PRIVATE LIMITED assumes no liability for any loss of User Data.
3.2 Access
The Client accesses the Service through his/hers/its Shopify store account. The Client bears all liability as to the access and the use of the Account.
3.3 Availability and support
The Service is accessible to the Client 24/7 throughout the duration of the Agreement, subject to the terms outlined therein. Support is provided exclusively in English and is available via email ([email protected]). For quick answers to common questions and concerns, the Client can visit https://help.notifylyst.uatprojects.com/.
4. Email data and email contacts
4.1 User data
All data you input into the Product, including info on your Clients will not be freely given to anyone. We do not share any data you input into the Product, including information about your Clients, with third parties. Under no circumstances do we sell your Account Data, store data, or any information collected from your store’s website, including visitors’ email addresses. Only authorized employees have access to view your Account Data.
If an individual associated with your account—whether the account holder or someone contacted through Notifylyst as a “Client” at the User’s discretion—reaches out with a complaint or inquiry, we may contact that person in response.
4.2 Information collection and use by us
We exclusively own the information collected through the Service, including any metadata. We gather information only as needed to fulfill the purposes outlined in our Privacy Policy and will use it solely as described therein. This data may be combined with other information we collect about you. Additionally, we may access, copy, and internally share content from your emails and account to provide customer support.
4.3 Data collected for and by our users
As you use the Service, you may import into our system Personal Data of yourself or that of other individuals. We have no direct relationship with the third parties added to the Product or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals.
5. Pricing, invoicing and penalties
5.1 Pricing
A specific pricing structure applies to all monthly subscription plans, as detailed on this page https://www.notifylyst.com/ , except for the free account, which is available for a limited period of 14 days. All prices are listed in the specified currency and exclude any applicable taxes, levies, or duties. The Client is responsible for paying any such charges as required by their jurisdiction.
The Client is eligible for a free Account for a duration of 14 calendar days, allowing them to use the Service at no cost. Each Client may subscribe to a free Account only once and cannot maintain multiple free Accounts. During the trial period, the Client may choose to upgrade to a Subscribed Plan, which will be billed to the Client’s store through Shopify. If the Client modifies their Subscribed Plan or switches back to a free Account, no refunds will be issued.
5.2 Payment and invoicing
All Subscribed Plans fees are collected through Shopify. The Client will be billed and charged exclusively by Shopify. Invoices can be found in the Shopify’s store administration page. Further details can be found here: https://www.shopify.com/legal/terms.
If the Service is unused or temporarily discontinued during the Subscribed Plan period, it will not extend the Agreement or Service duration, nor entitle the user to a refund or any compensation. CODEBEANS PRIVATE LIMITED does not provide refunds or credits for partial months of service, plan upgrades or downgrades, or unused months on an active account.
5.3 Penalties
If payment is not made by the due date, access to the Product’s features, typically available with a scheduled payment, may be temporarily suspended until full payment is received, at the Service’s discretion.
6. Modification of service and pricing
CODEBEANS PRIVATE LIMITED reserves the right to modify or discontinue the Service (or any part of it), either temporarily or permanently, at any time, with or without prior notice.
The prices for all Services under the monthly subscription plan are subject to change at any time. Any such changes may be communicated by posting updates on the website https://www.notifylyst.com/, the Notifylyst application, or within the Service itself. These changes will not affect existing subscribed plans but will apply to new subscriptions initiated after the pricing modification.
7. Terms
The Agreement becomes effective upon the Client’s creation of an Account, including a free Account, and remains in force until terminated by either Party. The minimum duration of the Agreement is one (1) month from the date of subscription to a monthly Subscribed Plan.
8. Granting and undertaking of CODEBEANS PRIVATE LIMITED
CODEBEANS PRIVATE LIMITED commits to making all reasonable efforts and utilizing available human resources to provide the Service. This commitment is subject to (i) the Client’s full payment of the contractual fees and (ii) potential interruptions, suspensions, or discontinuation of all or part of the Service due to maintenance, service disruptions, or external failures beyond CODEBEANS PRIVATE LIMITED’s control.
For maintenance operations, CODEBEANS PRIVATE LIMITED will strive to notify the Client in advance via email, the website https://www.notifylyst.com/, or the Notifylyst application. Temporary service interruptions, regardless of their nature, shall not entitle the Client to any compensation.
Any service not explicitly included in the Agreement, such as training or support, will require a separate agreement based on a quotation in accordance with CODEBEANS PRIVATE LIMITED’s applicable rates.
9. Granting and undertaking of the Client
The Client, acting on behalf of a company or other legal entity, confirms that they have the authority to bind that entity and its affiliates. The Client must be either a natural person or a legal entity acting in a professional capacity, and the use of automated methods, including bots, to register accounts is strictly prohibited.
The Client agrees to:
1. Obtain the necessary hardware and software, as well as subscribe to the required telecommunications services (such as internet access) to remotely use the Service. The costs associated with this equipment and internet access are solely the responsibility of the Client.
2. Ensure that they possess the necessary training to use the Service and internet-based technologies.
3. Safeguard the security of the Account and the associated password.
- Accurately provide all information necessary for the execution of the Agreement, taking full responsibility for its accuracy. The Client also commits to promptly update any changes to this information.
- Pay the contractual fees as specified in the Agreement.
- Respect the intellectual property rights of CODEBEANS PRIVATE LIMITED
- Avoid using the Service in any way that may disrupt its functionality or compromise its safety.
- Refrain from modifying, adapting, or hacking the Service, or altering another website to falsely suggest an association with the Service or CODEBEANS PRIVATE LIMITED
- Not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its usage, or access to it, without written authorization from CODEBEANS PRIVATE LIMITED
- Avoid using the Service in violation of any applicable local, national, or international laws or regulations.
CODEBEANS PRIVATE LIMITED reserves the right to remove any Content that it, at its sole discretion, deems unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any Party’s intellectual property rights or the Agreement.
10. Liability
The Service is provided on an “as is” and “as available” basis. It is not intended to replace any other function within the Client’s organization. The information provided by CODEBEANS PRIVATE LIMITED is solely for the purpose of using the Service and not for integration into the Client’s organization. CODEBEANS PRIVATE LIMITED undertakes a duty of care but does not offer any implicit or explicit guarantees regarding the use of the Service.
The Client uses the Service at their own risk. The Client acknowledges that the technical processing and transmission of the Service, including all content shared by and received from Users, may be transferred without encryption and may involve (a) transmission across various networks and (b) modifications to comply with the technical requirements of connecting networks or devices.
CODEBEANS PRIVATE LIMITED makes no guarantees that:
(i) The service will meet the Client’s specific needs or requirements.
(ii) The service will be uninterrupted, timely, secure, or free from errors.
(iii) The results obtained from using the Service will be accurate or reliable.
(iv) The quality of any information or other material obtained by the Client through the Service will meet the Client’s expectations.
(v) Any errors in the Service will be corrected.
CODEBEANS PRIVATE LIMITED retains the Content to the extent necessary for the performance of the Service, which may include long-term data storage. The Client is solely responsible for ensuring the storage and registration of all personal or business data. CODEBEANS PRIVATE LIMITED shall not be liable for any loss of User Data.
CODEBEANS PRIVATE LIMITED disclaims any liability for the suspension of the Account.
The Client acknowledges that CODEBEANS PRIVATE LIMITED utilizes third-party vendors and hosting partners to supply the necessary hardware, software, networking, billing, storage, and related technology required to operate the Service.
The Client further understands that, while the Notifylyst Solution provides tools for easy integration with External Platforms, these platforms are independently published and maintained by providers external to CODEBEANS PRIVATE LIMITED. As such, the Client assumes full responsibility for the transfer, download, or use of Content and User Data to or through an External Platform, thereby releasing CODEBEANS PRIVATE LIMITED from any liability. The Client acknowledges that a separate agreement may be required for the use of an External Platform.
CODEBEANS PRIVATE LIMITED disclaims any liability in the event of:
- A downgrade of the Service;
- Loss of User Data, features, or capacity associated with the Client’s Account;
- Modifications, price changes, suspension, or discontinuation of the Service;
- Loss or damage resulting from the Client’s failure to meet their obligations, including security requirements.
The Client expressly acknowledges and agrees that CODEBEANS PRIVATE LIMITED shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if CODEBEANS PRIVATE LIMITED has been advised of the possibility of such damages), arising from:
(i) Use or inability to use the Service;
(ii) Costs of procuring substitute services as a result of purchases made through or from the Service;
(iii) Unauthorized access to or alteration of the Account’s data or Content;
(iv) Statements or actions of any third party on the Service;
(v) Any other issue related to the Service.
In all circumstances, the total liability of CODEBEANS PRIVATE LIMITED is strictly limited to the total fees paid by the Client for the current Subscribed Plan.
11. Termination for breach
If the Client breaches any terms and conditions of the Agreement, CODEBEANS PRIVATE LIMITED may terminate the Agreement and close the Client’s Account. If the Client does not remedy the breach within seven (7) days of access suspension, CODEBEANS PRIVATE LIMITED reserves the right to terminate the Agreement immediately and without notice. Upon termination, the Client will lose access to the Service, and all User Data associated with the Account will be deleted without compensation. The Client will be solely responsible for any consequences arising from the termination, including the continuity of internal management and commercial activities.
Any amounts paid in advance for the Subscribed Plan are non-refundable, and the Client will not be entitled to any compensation.
Suspending the Service or terminating the Agreement does not prevent CODEBEANS PRIVATE LIMITED from pursuing any claims related to the Client’s breach.
12. Intellectual property rights
12.1 CODEBEANS PRIVATE LIMITED ownership and undertakings
All intellectual property rights related to the Notifylyst Solution and all content accessible on the website https://www.notifylyst.com/ or the Notifylyst application are exclusively owned by CODEBEANS PRIVATE LIMITED. CODEBEANS PRIVATE LIMITED guarantees that it has developed the Notifylyst Solution and holds the intellectual property rights to the Notifylyst Solution and all components utilized to deliver the Service.
CODEBEANS PRIVATE LIMITED agrees not to assert any ownership rights over User Data and Content processed through the Service, which shall remain the exclusive property of the Client.
12.2 The Client’s ownership and undertakings
The Client retains ownership of all Data and Content processed under the Agreement.
The Client agrees not to engage in any actions or behaviors that could directly or indirectly infringe upon the intellectual property rights held by CODEBEANS PRIVATE LIMITED, including, but not limited to, rights associated with the Notifylyst Solution, its trademark, and logo used by CODEBEANS PRIVATE LIMITED.
The Client shall indemnify and hold CODEBEANS PRIVATE LIMITED harmless from any claims, demands, lawsuits, or legal proceedings brought by a third party alleging that the Content, or the use of the Service in violation of the Agreement, infringes or misappropriation a third party’s intellectual property rights or violates applicable laws and regulations. The Client agrees to compensate CODEBEANS PRIVATE LIMITED for any damages awarded, as well as reasonable legal fees (including attorney’s fees) incurred in connection with such claims, demands, lawsuits, or proceedings, provided that CODEBEANS PRIVATE LIMITED:
(i) Promptly notifies the Client in writing of the claim, demand, lawsuit, or proceeding;
(ii) Grants the Client sole control over the defense and settlement of the matter (with the condition that any settlement fully releases CODEBEANS PRIVATE LIMITED from liability).
(iii) Provides the Client with reasonable assistance as needed.
All expenses related to such claims or proceedings shall be borne solely by the Client.
13. Privacy
The Client is deemed the data fiduciary under the Digital Personal Data Protection Act, 2023, and the Information Technology Act, 2000, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, with respect to all User Data provided under the Agreements. Accordingly, the Client expressly commits to adhering to all applicable data protection laws and fulfilling any required formalities.
The Digital Personal Data Protection Act, 2023, on information technology, data files, and civil liberties, the Client has the right to access, rectify, modify, or delete any personal information related to them by sending an email to CODEBEANS PRIVATE LIMITED. For further information, CODEBEANS PRIVATE LIMITED encourages the Client to review the Privacy Policy, which forms part of the Agreement (access the Privacy Policy at https://www.notifylyst.com/privacy-policy/).
14. DPDP Compliance
Notifylyst and CODEBEANS PRIVATE LIMITED have implemented the necessary measures to ensure compliance with the Indian Digital Personal Data Protection Act, 2023 (DPDP). For more information on how your data is protected, please refer to the Privacy Policy available at the following link: https://www.notifylyst.com/privacy-policy/.
15. Confidentiality
CODEBEANS PRIVATE LIMITED and the Client agree to maintain the confidentiality of all information and documents of any nature relating to each Party, which may have been referenced or provided during the execution of the Agreement. Notwithstanding the foregoing, CODEBEANS PRIVATE LIMITED reserves the right to reference its commercial relationship with the Client, as specified below.
16. Force Majeure
CODEBEANS PRIVATE LIMITED employs all reasonable technical measures to ensure the proper performance of the Service. Consequently, CODEBEANS PRIVATE LIMITED shall not be held responsible for any unavailability of the Service resulting from force majeure events, including but not limited to network failures, strikes, natural disasters, earthquakes, public telecommunication network disruptions, or Internet connection failures caused by private or public entities upon which CODEBEANS PRIVATE LIMITED depends.
The Client hereby waives any right to claim indemnification of any kind in the event of force majeure, and CODEBEANS PRIVATE LIMITED shall not be liable for any expenses incurred due to the inability to use the Service.
17. Miscellaneous
At any time and at its sole discretion, CODEBEANS PRIVATE LIMITED reserves the right to assign, subcontract, transfer, and/or convey all or part of the rights and obligations under this Agreement to a third party, in any form whatsoever.
This Agreement represents the complete and final agreement between the Parties regarding the subject matter herein. It replaces and nullifies any prior negotiations, contracts, or commitments between the Parties concerning this matter.
The failure of either Party to enforce any provision of this Agreement shall not be interpreted as a waiver of the rights associated with that provision.
The Client grants CODEBEANS PRIVATE LIMITED permission to use its company name and the Service provided for commercial purposes only.
18. Choice of law and jurisdiction
This Agreement shall be governed by the laws of India. Any dispute, controversy, or claim regarding the validity, interpretation, or performance of this Agreement shall be submitted to the competent courts of the Province of India, and the laws of India shall apply.
