Peneu Technologies Pvt. Ltd. – Terms & Conditions

IMPORTANT: Peneu is not a retailer, marketplace, reseller, or “seller of record.”
We are a Software‑as‑a‑Service (SaaS) provider delivering an e‑commerce platform and related business‑enablement tools. All goods and services offered for sale on any Store created with Peneu are offered solely by the respective Merchant, who is exclusively responsible for listings, pricing, fulfilment, and after‑sales obligations.

1. Introduction

1.1 Purpose

Welcome to Peneu Technologies Pvt. Ltd. (“Peneu,” “we,” “us,” or “our”). These Terms & Conditions (“Terms”) set forth the legal agreement governing your access to and use of the Peneu website (peneu.com), mobile applications, application‑programming interfaces (APIs), and all associated software, content, services, and documentation (collectively, the “Services”).

1.2 Binding Agreement

By clicking “I Agree,” executing an Order Form, or otherwise using the Services, you (“Merchant,” “Store Owner,” “you,” or “your”) acknowledge that you (a) have read and understood these Terms, (b) agree to be legally bound by them, and (c) accept our Privacy Policy, Acceptable Use Policy, and any other supplemental policies referenced herein. If you do not agree to all terms, you must not access or use the Services.

1.3 Service Provider, Not Seller

Peneu provides technology and infrastructure that enable Merchants to create, manage, and promote their own online stores (each, a “Store”). Peneu does not sell, resell, or endorse any Merchant products or services; does not act as agent or distributor; and does not hold title to, or possession of, inventory.

2. Definitions

• “Account” – the administrative account created when you register to use the Services.

• “Affiliate” – any entity that controls, is controlled by, or is under common control with Peneu.

• “Applicable Law” – all statutes, regulations, rules, ordinances, and judicial orders that apply to your business, including but not limited to Indian law.

• “Content” – all information, data, text, images, videos, audio, software, code, or other material uploaded or made available to the Services.

• “Customer” – an end‑consumer who places an order through your Store.

• “Fees” – any subscription charges, transaction fees, add‑on fees, SMS credits, or other amounts payable to Peneu.

• “GST” – Goods and Services Tax pursuant to the GST Acts and Rules in India.

• “Merchant Content” – Content you or your authorised users submit to the Services, including product listings and branding material.

• “Order” – a purchase of goods or services initiated by a Customer via your Store.

• “Personal Data” – information that identifies or relates to an identifiable individual.

• “Platform” – the cloud‑hosted software and infrastructure operated by Peneu.

• “Third‑Party Service” – any service, application, or integration provided by a third party that interoperates with the Services.

3. Eligibility & Authority

3.1 You represent that you are at least 18 years old, hold full legal capacity, and have the authority to bind any business entity you represent to these Terms.

3.2 You affirm that your business is duly organised, validly existing, and in good standing under the laws of its jurisdiction of formation.

3.3 You may not use the Services if you or your business is (a) located in a country that is subject to Indian, U.S., E.U., or U.N. sanctions or has been designated by the Government of India as a “terrorist‑supporting” country; or (b) listed on any Indian or international sanctions list.

4. Account Creation & Verification

4.1 Registration Data
You agree to provide accurate, current, and complete information during registration, including business name, GSTIN, PAN, address, contact person, and banking details.

4.2 Credential Security
You are responsible for safeguarding login credentials and for any activity conducted through your Account. Notify us immediately of any unauthorised use.

4.3 Verification & KYC
Peneu may request identity documents, proof of address, GST registration, or bank statements to verify authenticity. We may engage third‑party KYC/AML service providers. Failure to furnish information may result in suspension or denial of access.

5. Scope of Services

Peneu offers a modular, software‑only platform that may include:

• Store Builder & Editor – drag‑and‑drop interface, responsive themes, custom CSS/JS injection.

• Mobile App Creator – auto‑generated Android (APK) and iOS (IPA) builds with push notifications.

• Inventory & Catalog Management – SKU tracking, variants, batch and expiry management.

• GST‑Ready Billing – automatic tax calculations; generation of B2C/B2B invoices, e‑way bills, credit notes, and GSTR exports.

• Payment Gateway Integrations – 47 + Indian and international gateways with PCI‑DSS compliance.

• Shipping & Logistics Hub – 50 + courier partners, rate comparison, pickup scheduling, live tracking.

• POS – barcode/QR scanning, cash drawer integration, split payments, offline mode caching.

• Marketing & SEO Suite – meta‑tag manager, schema markup, Google Shopping feed, coupon engine, abandoned‑cart recovery, email, SMS, and WhatsApp campaigns.

• Analytics & Reports – sales dashboards, cohort analysis, funnel tracking, product performance.

• Multi‑Store Administration – single dashboard to launch and manage unlimited storefronts.

• Support Centre – built‑in ticketing, knowledge base, FAQ templates.

The Services are continuously evolving; features may be added, modified, or discontinued at Peneu’s sole discretion.

6. Platform Nature & Merchant Independence

6.1 Peneu acts solely as a technology provider. You retain full control of your Store’s operations, including:

• Selecting products/services to sell;

• Setting prices, taxes, shipping charges, and discount policies;

• Fulfilling orders, handling returns, and providing customer service;

• Ensuring compliance with product safety, labelling, advertising, and consumer‑protection requirements.

6.2 Seller of Record – For all Orders, you are the Seller of Record. Peneu neither collects payment on your behalf (payments are processed directly by gateways in your name) nor issues invoices to Customers.

6.3 No Marketplace Liability – Because Peneu is not a marketplace operator, obligations under Sect. 79 of the Information Technology Act (“safe harbour”) apply to user‑generated content only. Responsibility for product authenticity, legality, and quality lies solely with Merchants.

7. Subscription Plans, Fees & Payment Terms

7.1 Plan Tiers

We offer Free, Standard, Professional, and Enterprise plans (names may vary). Each tier includes a specific allocation of resources (bandwidth, storage, Staff seats) and access to certain modules.

7.2 Billing Cycle & Auto‑Renewal

Subscriptions renew automatically (monthly or annually) unless cancelled at least 24 hours prior to renewal. We will charge the payment method on file.

7.3 Add‑On & Usage Fees

Examples include SMS credits, additional Staff accounts, extra storage, priority support, paid templates, or managed SEO campaigns. Such fees are billed in arrears or upfront, as indicated in the dashboard.

7.4 Price Changes

We may modify prices with 30‑days’ prior notice via dashboard and email. Continued use constitutes acceptance.

7.5 Taxes on Fees

All Fees are exclusive of applicable taxes (e.g., GST @ 18 %). You agree to pay such taxes.

7.6 No Refunds

Except where required by law, Fees (including partial periods) are non‑refundable. Promotional credits have no cash value and expire per their terms.

8. Taxes & Regulatory Compliance

8.1 Merchant Responsibility
You are solely responsible for: (a) registering under GST or any other tax regime; (b) determining tax rates; (c) issuing tax invoices; (d) filing returns; and (e) remitting taxes.

8.2 GST Automation
Our tools assist with GST but rely on data you provide. We do not warrant accuracy or legal sufficiency. You must verify all filings.

8.3 Other Regulatory Regimes
If you sell food, medicines, cosmetics, electronic equipment, or other regulated goods, you must comply with FSSAI, CDSCO, BIS, WPC, or any other applicable regulator. Peneu does not monitor or enforce sectoral compliance.

9. Payment Processing & Settlements

9.1 Gateways are Third‑Party Services; their terms govern settlements, chargebacks, and disputes.

9.2 You authorise gateways to deposit sales proceeds directly into your bank account. Peneu does not intermediate funds flow and is not a payment aggregator.

9.3 You bear liability for fraudulent, unauthorised, or disputed transactions and must maintain adequate fraud‑screening measures.

10. Shipping & Logistics

10.1 Peneu provides API access to logistics partners. You remain the shipper of record. Claims for loss, damage, or delay must be raised with the Carrier.

10.2 Shipping‐cost quotes are estimates and may vary. Additional surcharges (remote‑area, fuel, or oversize) will be passed through.

10.3 Dangerous goods, restricted commodities, and export‑controlled items must comply with courier and customs rules. You are responsible for documentation and duties.

11. Store Content & Merchant Conduct

11.1 You are responsible for all Merchant Content, including descriptions, images, pricing, and promotional claims.

11.2 You warrant that:

• Content does not infringe third‑party IP, privacy, or publicity rights;

• Goods are genuine, safe, and as advertised;

• Marketing statements are truthful and not misleading;

• You will honour warranties and comply with the Consumer Protection (E‑commerce) Rules 2020.

11.3 We reserve the right (but have no obligation) to remove Content that we reasonably believe violates law or these Terms.

12. Prohibited Products & Activities

You may not use the Services to sell or promote:

1. Counterfeit or trademark‑infringing items;

2. Weapons, ammunition, fireworks, or explosives;

3. Narcotics, psychotropics, or drug paraphernalia;

4. Adult or pornographic content;

5. Cryptocurrency mining hardware or software that violates local law;

6. Gambling services or lottery tickets;

7. Endangered wildlife or products derived therefrom;

8. Hate speech, extremist materials, or items facilitating violence;

9. Any product or service prohibited by Applicable Law.

Violation may lead to immediate suspension without refund.

13. Third‑Party Services & Open‑Source Components

13.1 The Platform interoperates with Third‑Party Services (payment gateways, courier APIs, analytics tools). Your use of any such service is governed solely by its own terms.

13.2 The Services may include open‑source software (OSS) licensed under GPL, MIT, Apache, or similar licences. OSS components are provided “as‑is,” with copyright notices and licences available upon request.

13.3 Peneu bears no responsibility for: (a) Third‑Party Service availability or performance; (b) any harm caused by OSS beyond the scope of its licences.

14. Data Privacy & Security

14.1 Privacy Policy – Explains how we collect, use, store, and share Personal Data. By using the Services, you consent to the processing of Personal Data in accordance with our Privacy Policy.

14.2 Data Controller vs. Processor – Regarding Customer data, you are the “data controller,” and Peneu acts as “data processor” under Indian data‑protection laws.

14.3 Security Measures – We implement physical, technical, and administrative safeguards (encrypted transport, fire‑walled networks, role‑based access). You must adopt best practices (strong passwords, 2‑FA, limited staff permissions).

14.4 Data Incidents – In case of breach affecting Personal Data, Peneu will notify you without undue delay and cooperate in mitigation.

15. Service Levels & Maintenance

15.1 Peneu targets 99.5 % monthly uptime (excluding scheduled maintenance and force‑majeure events).

15.2 Scheduled maintenance will, where feasible, occur during low‑traffic windows and be announced at least 24 hours in advance.

15.3 Our sole obligation for downtime beyond SLA is a pro‑rated credit up to one month of Fees. Credits are your exclusive remedy.

16. Beta, Preview & Experimental Features

Features labelled “Beta,” “Preview,” or “Labs” are provided as‑is for evaluation. They may: (a) contain bugs; (b) change without notice; or (c) be withdrawn. Peneu disclaims any warranty or liability for Beta features.

17. Intellectual Property

17.1 Peneu IP – All software, designs, trademarks, service marks, logos, and documentation are owned by Peneu or its licensors. Except as expressly stated, no licence is granted by implication or otherwise.

17.2 Merchant IP – You retain ownership of Merchant Content. You grant Peneu and its Affiliates a non‑exclusive, worldwide, royalty‑free licence to host, reproduce, display, transmit, and adapt Merchant Content solely to provide and market the Services.

17.3 Feedback – Suggestions you submit may be used by Peneu without restriction or compensation.

18. Confidentiality

Both parties agree to protect any non‑public, proprietary information disclosed in connection with the Services (“Confidential Information”). Obligations do not apply to information that is publicly known, already in possession without duty of confidentiality, or developed independently.

19. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS‑IS” AND “AS‑AVAILABLE.” Peneu disclaims all warranties—express, implied, statutory, or otherwise—including merchantability, fitness for a particular purpose, non‑infringement, uninterrupted availability, or error‑free operation. You acknowledge internet risks, and that no security measure is foolproof.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Peneu SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF POSSIBILITY. Peneu’s AGGREGATE LIABILITY IN ANY 12‑MONTH PERIOD SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Peneu DURING THAT PERIOD.

21. Indemnification

You agree to indemnify, defend, and hold harmless Peneu, its Affiliates, officers, directors, employees, and agents against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. your use or misuse of the Services;

2. your violation of these Terms or Applicable Law;

3. your Products, Content, or business practices;

4. any breach of warranties or representations herein.

22. Suspension & Termination

22.1 Suspension – We may suspend access immediately if: (a) you breach these Terms; (b) your use threatens security or performance; (c) required by law; or (d) for non‑payment.

22.2 Termination by Merchant – You may terminate via dashboard at any time. Obligations accrued prior to termination survive.

22.3 Termination by Peneu – We may terminate with notice if: (a) you materially breach and fail to cure within 10 days; (b) become insolvent; or (c) we discontinue Services.

22.4 Effects of Termination – Your Stores will become inaccessible. Data export tools remain available for 30 days. Outstanding Fees become immediately due. No refunds are issued. Clauses relating to IP, confidentiality, indemnity, and limitation of liability survive.

23. Data Portability & Deletion

Upon written request and subject to payment of any outstanding Fees, Peneu will provide an export of Merchant Content in a common format (e.g., CSV, JSON, or ZIP). After 60 days, Peneu may delete all data except as otherwise required by law.

24. Force Majeure

Neither party is liable for delay or failure due to causes beyond reasonable control, including natural disasters, war, terrorism, riots, government acts, internet outages, strikes, or pandemics.

25. Governing Law & Dispute Resolution

25.1 These Terms are governed by the laws of India.

25.2 Good‑Faith Negotiations – Parties shall first attempt to resolve any dispute informally within 30 days.

25.3 Arbitration – Unresolved disputes will be finally settled under the Arbitration and Conciliation Act 1996 by a sole arbitrator appointed by Peneu. Seat of arbitration: Gurugram, Haryana. Language: English.

25.4 Court Jurisdiction – Subject to arbitration, courts of Gurugram, Haryana, have exclusive jurisdiction.

26. Modifications to Services & Terms

We may update the Services and Terms periodically. Material changes will be notified by email or dashboard banner at least 15 days prior to effectiveness. Continued use after the effective date constitutes acceptance.

27. Compliance with Laws, Export Controls & Sanctions

You agree to comply with all Applicable Law, including but not limited to:

• Information Technology Act 2000 and IT Rules;

• Consumer Protection (E‑commerce) Rules 2020;

• GST Acts and Rules;

• Foreign Trade Policy & export‑control regulations;

• DPDP Act 2023.

You represent that you are not named on any sanctions list and will not use the Services for transactions with sanctioned parties.

28. Assignment

You may not assign or transfer obligations under these Terms without Peneu’s prior written consent. Peneu may assign to an Affiliate or successor entity.

29. Notices

Notices to Peneu must be in writing and delivered by registered post or acknowledged email to:

Peneu Technologies Pvt. Ltd.
3rd Floor, Landmark Cyber Park,
Sector 67, Gurugram, Haryana 122102, India
Email: [email protected]

Notices to you will be sent to the email address in your Account or displayed in the dashboard.

30. Entire Agreement; Severability; Waiver

These Terms, including referenced policies and any Order Form, constitute the entire agreement, superseding all prior understandings. If any provision is held invalid, the remainder remains in effect. Failure to enforce any right is not a waiver of future enforcement.

31. Headings & Interpretation

Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

32. Contact Information & Support

For general queries, billing questions, or technical assistance:

• Email: [email protected]

• Phone: [insert support line]

• Support Hours: Monday–Saturday, 10 a.m.–6 p.m. IST (except public holidays)

33. Change Log

SEO Keywords (Meta):

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