Term & Condition

1. When you sign up, your subscription renews automatically (monthly or annually).
2. You can change your service level anytime, but we don’t refund fees.
3. To cancel, let us know 15 days before your term ends. Your data is deleted after a certain time.
4. You can ask to pause your account for up to a year. We may keep your data for that time.
5. We might use your business logo on our site for promotion if you use our services.
6. We can update these terms, but we’ll tell you beforehand by updating the terms of use page.

Terms of service:

By accepting these terms, you confirm that you’re legally capable of entering into a contract. If you’re representing a business, you have the authority to agree. You also confirm that you’re not a competitor or affiliated with competitors of Shifto Private Limited.

By clicking “I agree,” ordering, or using Shifto services, you agree to follow these terms.

This agreement is between Shifto and the customer identified during the subscription process.

Now, both parties agree to the following:

Scope of Service:

Shifto provides services for website re-engagement, traffic acquisition, and conversion optimization.

This includes a dashboard, data collection, and a content delivery network.

Support is primarily offered via .

Free Tier & Trial:

If you sign up for a free trial, it’s available until the trial period ends or you subscribe.

During the trial, the service is provided as-is, and we may suspend or terminate it without notice.

We’re not liable for any damages, and your data may be deleted at the end of the trial if you don’t subscribe.

Lawful Use of Services:

You agree to use Shifto services only as authorized by the selected terms/package.

If your use violates this agreement or any laws, Shifto can terminate the agreement and services immediately.

Shifto Responsibilities, Representations, And Warranties :

Agreements:

  1. SHIFTO commits to providing services with the utmost care, skill, and diligence.
  2. Communication with the customer will be through the assigned coordinator.
  3. The customer will be informed of potential additional expenses beyond the agreed charges.
  4. Invoicing will adhere to the terms of the agreement and the applicable Service Schedule.
  5. Shifto will follow customer’s reasonable instructions for data and supplies disposition on Service Schedule termination.

Reasonable Attempts to Correct Errors on Notice:

Shifto warrants making reasonable attempts to correct errors it is solely responsible for.

Options include rerunning the Service or providing a credit equivalent to the charge for correcting the error.

Customer must notify Shifto in writing of errors within thirty days of receiving the Services.

Customer’s Responsibilities, Representations, and Warranties

Agreements:

Customer agrees to 

  1. timely provide all necessary data and materials for Shifto services.
  2. Ensuring accuracy, legibility, and completeness of supplied data is the customer’s responsibility.
  3. Coordination with Shifto through an assigned coordinator for decision-making.
  4. Compliance with Shifto’s security procedures and operating guidelines.
  5. Customer has control and responsibility for account information, user IDs, and passwords.
  6. Agreement not to use services for brand bidding, illegal, unsolicited, or spam purposes.
  7. Understanding that Shifto is not liable for data loss due to technical reasons.
  8. Acknowledgment that Shifto claims no intellectual property rights over provided material.

Customer Representations:

Provided information for establishing an account is accurate.

Compliance with privacy laws and obtaining necessary consents for information collection.

Term, Termination, and Suspension of Service

1.  Initial Term:

The initial subscription term starts on the effective date of the subscription and ends as selected.

2. Termination:

Customer may terminate if Shifto fails to provide services or materially violates the agreement.

Shifto may terminate if the customer is overdue on payment, violates terms, or becomes insolvent.

3. Following Termination:

Fees owed to Shifto are not cancelled or waived upon termination.

Customer’s data and account settings are deleted within 30 days of termination.

4. Suspension of Service:

Shifto may suspend service without liability for violations.

Customer won’t access files during suspension, and Shifto will provide advance notice unless directed otherwise by authorities.

5. Term of Suspension and Retention of Data:

Shifto will suspend a customer’s account for a maximum of 3 months for the reasons outlined in section 6.5. After this period, the account will be deleted, and customer data removed from Shifto’s database. Upon special request and assurance from the customer regarding service resumption, Shifto may extend the suspension period and retain data for an agreed-upon duration.

6. Renewal of Term:

Unless either party provides written notice of non-renewal at least 15 days before the end of the subscription term, the subscription and agreement will automatically renew. The Renewal Subscription Term will be based on the latest term selected by the customer and subject to the current terms, conditions, and pricing.

 

Fees, Billing, Taxes, Charges

1. Fees:

The fees specified in the initial order form are effective for the Initial Term and each renewal.

Shifto reserves the right to revise fees with 30 days’ notice. If the customer disagrees, termination can occur within 30 days of the notice of the fee increase.

2. Billing and Payment Arrangements:

Billing occurs on a mutually agreed period for recurring fees.

One-time fees are non-refundable.

Invoices/payments are deemed final unless disputed within 30 days.

Customer must keep billing information current on the administrative control panel.

3. Payment by Credit Card/ Wire Transfer/Cheque:

Electronic invoices are provided. Credit card or other modes of payment are authorized.

Payment processing may involve third parties.

4. Taxes:

Applicable taxes, duties, or government levies are not included in fees.

Customer is responsible for timely payment of all such taxes related to the agreement.


Modification of Terms and Conditions:

Shifto reserves the right to update, amend, or modify terms. Customer is responsible for reviewing the latest version. Disagreement allows termination as per Clause .

Limited Warranty: Limitation of Damages:

1.  Shifto Services “As Is”:

Shifto provides services “as is,” and usage is at the customer’s risk.

Disclaimer of all warranties, express or implied.

2. Limitation of Damages:

Shifto and its affiliates shall not be liable for various damages resulting from service use.

Customer’s sole remedy for service claims is limited to agreed credits.

3. Responsibility for Content:

Customer is fully responsible for the content and activities conducted through Shifto services.

Software and Intellectual Property Rights

1. Ownership of Intellectual Property Rights:

Each party retains ownership of Intellectual Property Rights.

Shifto owns materials created for its use; the customer owns work product paid for in full.

2. Right to Use Logo:

The customer permits Shifto to use its logo in Shifto’s customer list and on its websites.

3. License of Customer Software and Intellectual Property:

Customer grants Shifto a license to use necessary Intellectual Property Rights for providing services.

Customer warrants ownership or authorization for the use of such rights.

4. No Assurance of Compatibility:

Shifto does not guarantee compatibility between customer equipment/software and its own systems.

Confidentiality:

  1. Shifto commits to using Customer’s Confidential Information solely for the purpose of providing the Services or exercising its rights under this Agreement. It will take all reasonable precautions to ensure the confidentiality of Customer’s information, implementing industry-standard security procedures, including appropriate firewall, encryption, and access security measures. However, Shifto will not be held liable for damages resulting from inadvertent breaches of confidentiality.
  2. Shifto will disclose Confidential Information only to its employees, authorized agents, and subcontractors who have a legitimate need to know and require access to such information for the proper exercise of Shifto’s rights and the performance of the Services under this Agreement. Regardless of any contrary provision in this Agreement, Shifto is not obligated to keep confidential and may use or license without restriction any ideas, concepts, know-how, or techniques related to information processing developed by Shifto during the performance of Services.
  3. Despite the above, Shifto retains the right to: 

(i) monitor Customer’s use of the Services;

(ii) report to appropriate authorities any conduct by Customer (or Customer’s customers or end users) that Shifto reasonably believes violates applicable laws;

(iii) provide any information, including Confidential Information, required by law or regulation to be disclosed, or in response to a formal or informal request from a law enforcement or government agency; and

(iv) disclose that Shifto is providing the Services to Customer, potentially including Customer’s name in promotional materials, such as press releases and on Shifto’s website.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Shifto, its subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors, and licensors from any and all Claims, including third-party Claims, arising from or related to any breach of this Agreement or any fault on the part of Customer. This includes activities conducted by Customer through the Services or in connection with “Customer’s” products or services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India. In the event of any claim or suit arising from this Agreement, Customer agrees that it shall be exclusively brought before the courts of Delhi, India. Should Shifto need to take action to enforce this Agreement, including the recovery of fees, Customer shall be responsible for paying reasonable attorneys’ fees and costs associated with such action.

Severability

If any provision or provisions of this Agreement are found to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect the validity of the remaining provisions. The Agreement shall be construed as if the invalid, illegal, or unenforceable provision(s) had never been part of it. However, any such provision(s) shall only be curtailed, limited, or eliminated to the extent necessary to address the invalidity, illegality, or unenforceability.

Waiver 

Shifto waiver of any breach by Customer of this Agreement’s provisions will not be considered a waiver of any preceding or subsequent breaches. Any waiver must be in writing and signed by the parties. Such waiver, if granted, will only apply to the extent expressly stated in writing.

Assignment

Neither party may assign or transfer this Agreement, or any rights or obligations herein, without the prior written consent of the other party, except Shifto may assign or transfer this Agreement, or any rights or obligations herein, in whole or in part: (i) to an affiliate of Shifto, (ii) in connection with a merger, amalgamation, or sale of a substantial part of Shifto’s business, or (iii) for financing, securitization, or similar purposes, with such assignments or transfers operating as novation and discharging Shifto from its obligations. A change of control of Customer is deemed an assignment and transfer governed by this provision.

This agreement, along with privacy policies and all referenced documents, constitutes the entire agreement between the parties, superseding all prior agreements. Any changes or modifications must be in writing and signed by both parties.