011. INTRODUCTION
1.1EVOC Labs Pvt. Ltd. (“EVOC Labs”, “Company”, “EVOC”, “we”, “us” or “our”) is a technology and e-commerce infrastructure company engaged in developing, operating and providing technology-enabled solutions for businesses to establish, operate and grow their online commerce operations.
Our services may include website and online store infrastructure, store-building tools, logistics aggregation, checkout and payment-related technology, marketing and advertising support, WhatsApp and customer communication tools, analytics, automation, AI-enabled solutions and other services relating to e-commerce operations (collectively, the “Services”).
1.2In these Terms, “you”, “your” or “Merchant” means any individual, business, company, firm, brand or other entity that accesses or uses the Services provided by EVOC Labs.
1.3 You have approached EVOC Labs to use one or more of its Services, and EVOC Labs has agreed to make such Services available to you subject to your acceptance of these Terms.
1.4EVOC Labs and the Merchant may individually be referred to as a “Party” and collectively as the “Parties”.
1.5These Terms & Conditions (“Terms”) govern your access to and use of the Services made available through the EVOC Labs website, application, merchant dashboard, software, websites, APIs and other platforms operated or controlled by EVOC Labs (collectively, the “Platform”).
1.6These Terms shall be read together with EVOC Labs' Privacy Policy and any additional policies, guidelines, commercial terms, service-specific conditions or other documents made available by EVOC Labs from time to time (“Supplemental Terms”). The Privacy Policy and Supplemental Terms shall form an integral part of these Terms.
1.7 By accessing or using the Platform or accepting these Terms, you represent that you have the legal capacity and authority to enter into these Terms. If you are accepting these Terms on behalf of a business or other entity, you confirm that you have the authority to legally bind such entity.
1.8 Where EVOC Labs makes these Terms available in languages other than English, the English version shall prevail in case of any conflict, inconsistency or difference in interpretation.
022. COMMENCEMENT AND DURATION
2.1These Terms shall become effective and binding upon you when you click “I Agree”, accept these Terms electronically, register for the Services, or otherwise access or use the Platform.
2.2 The Terms shall remain effective until terminated by either Party in accordance with the termination provisions contained herein or until your access to the Services is otherwise discontinued.
2.3The email address, telephone number or other contact information provided by you during registration or subsequently updated by you shall be treated as your primary contact information (“Primary Contact”). You are responsible for ensuring that the Primary Contact remains accurate and capable of receiving communications from EVOC Labs.
2.4 You are responsible for maintaining the confidentiality of your Platform account credentials, passwords, API keys and other access information. You shall immediately notify EVOC Labs if you become aware of any unauthorised access to your account.
033. SERVICES
3.1 Scope of Services
3.1.1 Depending on the services selected by you and the applicable commercial arrangement, EVOC Labs may provide one or more of the following:
Website and Store Infrastructure
To create, configure, host, maintain or otherwise provide an e-commerce website or online store for your business, including related store functionality and integrations.
E-commerce Technology
To provide technology and software tools relating to online selling, checkout, order management, analytics, automation and other e-commerce operations.
Logistics Services
To facilitate shipment and delivery of products through third-party courier and logistics partners ("Logistics Services").
Marketing and Advertising Services
To provide advertising, promotional, creative, campaign management, marketing and related growth support for your e-commerce business ("Marketing Services").
Customer Communication Services
To provide WhatsApp communication, abandoned-cart recovery, order notifications, price-drop communication, AI calling and other customer communication or automation features.
Analytics and Operational Tools
To provide dashboards, reports, analytics and technology designed to assist you in monitoring sales, advertising, logistics and other business operations.
3.1.2 The specific Services available to you shall depend on your commercial arrangement with EVOC Labs and may be communicated through your onboarding documentation, Platform, dashboard, written communication or other agreed method.
3.1.3 EVOC Labs may modify, improve, replace, add or remove features of the Services from time to time.
3.1.4You shall not reproduce, copy, resell, reverse engineer, commercially exploit or otherwise misuse any part of the Platform or Services without EVOC Labs' prior written permission.
044. PRICING, SERVICE FEES AND TAXES
4.1 Unless a different fee has been specifically agreed between EVOC Labs and the Merchant in writing, EVOC Labs shall charge a service fee of 4% (four percent) + applicable GST on the value of Delivered Orders.
For the purpose of these Terms, a “Delivered Order” means an order that has been successfully delivered to the end customer as reflected in the applicable order or logistics records.
4.2 Cancelled, rejected, returned or RTO orders shall generally not be treated as Delivered Orders for calculation of the 4% service fee.
4.3 The 4% EVOC Labs service fee does not automatically include charges imposed by third-party service providers. Such charges may include, where applicable:
4.4 Applicable GST and other statutory taxes shall be charged in addition to the applicable EVOC Labs fees in accordance with law.
4.5 EVOC Labs may issue invoices for its fees, applicable taxes and other amounts payable by the Merchant.
4.6 The Merchant shall pay all invoices and other amounts due to EVOC Labs within the payment period communicated in the applicable commercial arrangement or invoice.
4.7 Where the Merchant fails to pay amounts due, EVOC Labs may, subject to applicable law, suspend or restrict Services until the outstanding amounts are settled.
4.8 Where applicable, EVOC Labs may recover its service fees, logistics charges, third-party expenses or other amounts payable by the Merchant from amounts collected or held on behalf of the Merchant.
4.9 EVOC Labs reserves the right to revise its fees, pricing, logistics rates or other commercial charges by providing reasonable notice to the Merchant. The revised charges shall apply from the effective date communicated by EVOC Labs.
055. LOGISTICS WALLET AND SECURITY DEPOSIT
Provided by the Merchant during onboarding.
Includes additional ₹5,000 EVOC promotional credit.
5.1 Where applicable under the Merchant's onboarding or commercial arrangement, the Merchant may be required to provide a security deposit of ₹5,000.
5.2 Upon payment of the ₹5,000 security deposit by the Merchant, EVOC Labs may additionally provide ₹5,000 as EVOC credit to the Merchant's Logistics Wallet, resulting in an initial Logistics Wallet value/credit of ₹10,000.
5.3 The EVOC-provided ₹5,000 credit is promotional/business credit provided by EVOC Labs and may be subject to the conditions communicated during onboarding.
5.4 The Merchant's security deposit and EVOC promotional credit shall be treated in accordance with the applicable commercial arrangement.
5.5 Any refund of the security deposit shall be subject to the applicable refund conditions, settlement of outstanding dues and compliance with the Merchant's agreed commercial terms.
5.6 EVOC Labs may adjust legally recoverable outstanding amounts payable by the Merchant against amounts otherwise refundable to the Merchant.
066. MERCHANT OBLIGATIONS
6.1 The Merchant shall provide accurate and complete information required for the provision of Services.
6.2 The Merchant is solely responsible for the products or services offered through its online store, including their:
6.3 The Merchant shall obtain and maintain all registrations, licences, permissions and approvals required for operating its business.
6.4 The Merchant shall comply with all applicable laws relating to e-commerce, taxation, consumer protection, advertising, product safety, packaging, labelling, data protection and intellectual property.
6.5 The Merchant shall not provide false, misleading or inaccurate information to EVOC Labs, its customers, logistics partners, payment providers or other service providers.
6.6 The Merchant shall be responsible for resolving disputes relating to its products, orders, customers, refunds, warranties, replacements and other matters arising between the Merchant and its customers.
077. INTELLECTUAL PROPERTY
7.1 All intellectual property rights relating to the Platform, Services, software, source code, technology, dashboards, systems, processes, designs, documentation, trademarks, logos and other proprietary materials owned or licensed by EVOC Labs shall remain the property of EVOC Labs or its respective licensors.
7.2 Subject to these Terms, EVOC Labs grants the Merchant a limited, non-exclusive, non-transferable and revocable right to use the Services during the period in which the Merchant is authorised to use them.
7.3 No ownership rights in EVOC Labs' technology or intellectual property are transferred to the Merchant unless expressly agreed in writing.
7.4 The Merchant shall not copy, reproduce, modify, reverse engineer, distribute, licence, sell or commercially exploit EVOC Labs' proprietary technology without prior written permission.
7.5 The Merchant retains ownership of its own trademarks, logos, product information, photographs, content and other materials supplied to EVOC Labs. The Merchant grants EVOC Labs the necessary permission to use such materials for providing the Services.
088. CONFIDENTIALITY
8.1 Each Party may receive confidential or proprietary information belonging to the other Party in connection with the Services.
8.2 The receiving Party shall use reasonable care to protect confidential information and shall use such information only for purposes connected with the business relationship.
8.3 Confidential information shall not be disclosed to any unauthorised third party except: (a) with the prior written consent of the disclosing Party; (b) where required by law or a governmental authority; or (c) where disclosure is reasonably required to provide the Services.
8.4 Confidentiality obligations shall continue after termination of the Services for information that remains confidential or proprietary.
8.5 The Merchant shall promptly notify EVOC Labs if it becomes aware of any unauthorised disclosure, access or use of EVOC Labs' confidential information.
099. THIRD-PARTY SERVICES
9.1 EVOC Labs may use, integrate with or rely upon third-party service providers for providing certain portions of the Services. These may include logistics companies, payment gateways, advertising platforms (e.g. Meta Ads, Google Ads), communication providers (e.g. WhatsApp Business Cloud API), cloud infrastructure providers, analytics providers and other technology providers.
9.2 Third-party services may be subject to separate terms, policies, pricing and availability (including Google Terms of Service and Meta Business & Commercial Terms).
9.3 EVOC Labs does not control the policies, systems, availability or performance of third-party providers and shall not be responsible for their independent acts, omissions, outages or policy changes, except to the extent required under applicable law.
9.4 The Merchant agrees to comply with the applicable terms and policies of third-party providers where their services are used by the Merchant.
1010. TERMINATION AND CONSEQUENCES
10.1 EVOC Labs may terminate or discontinue the Merchant's access to the Services by providing notice, subject to the applicable commercial arrangement and applicable law.
10.2 The Merchant may discontinue its use of the Services in accordance with the applicable commercial arrangement or by providing notice to EVOC Labs.
10.3 EVOC Labs may immediately suspend or terminate Services where:
- the Merchant materially breaches these Terms;
- the Merchant fails to pay amounts due;
- fraudulent or suspicious activity is identified;
- the Merchant provides prohibited products or services;
- the Merchant violates applicable law;
- continued provision of Services creates legal, regulatory, security or operational risk; or
- a third-party provider or authority requires such suspension.
10.4 Upon termination: (a) access to the relevant Services may be discontinued; (b) licences granted to the Merchant under these Terms shall cease; (c) outstanding amounts payable to EVOC Labs shall remain due; (d) the Merchant shall cease using EVOC Labs' proprietary technology and materials; and (e) provisions intended to survive termination shall continue to remain effective.
10.5 Termination shall not affect any rights or obligations accrued before the effective date of termination.
1111. DISCLAIMERS AND WARRANTIES
11.1 The Services are provided on an “as available” basis to the maximum extent permitted by applicable law.
11.2 EVOC Labs does not warrant that the Services will always be uninterrupted, error-free, completely secure or available at all times.
11.3 EVOC Labs does not guarantee any particular level of:
11.4 Advertising and marketing results may depend on factors beyond EVOC Labs' control, including product-market fit, pricing, competition, customer behaviour, advertising platform algorithms, market conditions and creative performance.
11.5 EVOC Labs facilitates logistics through third-party providers and does not itself operate every transportation or delivery service.
11.6 EVOC Labs does not guarantee the performance, response time, availability or uninterrupted operation of third-party payment gateways, courier partners, advertising platforms, communication providers or other third-party services.
11.7 The Merchant is solely responsible for its online store, products, services, customers, orders and compliance with applicable laws.
11.8 The Merchant is responsible for determining, collecting, reporting and paying all taxes, duties, fees and other statutory amounts applicable to its business and sales, except for taxes that EVOC Labs is legally required to collect and remit in respect of its own services.
1212. LIMITATION OF LIABILITY
12.1 To the maximum extent permitted by applicable law, EVOC Labs shall not be liable for indirect, incidental, special, consequential or punitive losses, including loss of profits, revenue, goodwill, business opportunities or anticipated savings.
12.2 EVOC Labs shall not be responsible for losses arising solely from the acts, omissions, failures or service interruptions of third-party providers.
12.3 EVOC Labs shall not be responsible for losses resulting from inaccurate information, unlawful activities, products or content supplied or controlled by the Merchant.
12.4 Nothing in these Terms shall exclude or limit any liability which cannot legally be excluded or limited under applicable law.
1313. DATA PRIVACY
13.1 In providing the Services, EVOC Labs may collect, store and process information relating to the Merchant, its business, transactions, customers and use of the Platform.
13.2 Where the Merchant provides EVOC Labs with customer information, the Merchant represents that it has obtained all necessary permissions and consents required under applicable law for such information to be collected, transferred and processed.
13.3 The Merchant shall comply with applicable privacy and data protection laws relating to information collected from its customers.
13.4 EVOC Labs may process information as reasonably necessary to operate, secure, maintain and improve its Services and to comply with legal obligations.
13.5 Further information regarding the collection and processing of personal information is provided in EVOC Labs' Privacy Policy (accessible at /privacy).
1414. INDEMNIFICATION
14.1 The Merchant agrees to indemnify and hold harmless EVOC Labs, its directors, officers, employees, affiliates, representatives and service providers from claims, losses, liabilities, damages, costs and expenses arising from:
- the Merchant's use of the Services;
- breach of these Terms by the Merchant;
- products or services sold by the Merchant;
- violation of applicable laws or regulations;
- infringement of intellectual property rights;
- misleading, inaccurate or unlawful product or advertising claims;
- disputes between the Merchant and its customers;
- misuse of customer information by the Merchant; or
- fraudulent or unlawful activity conducted by the Merchant.
14.2 The Merchant shall reasonably cooperate with EVOC Labs in responding to claims or proceedings arising from the matters described above.
1515. GOVERNING LAW
15.1 These Terms shall be governed by and interpreted in accordance with the laws of India.
15.2 The application of conflict-of-law principles shall not prevent the application of Indian law to these Terms.
1616. DISPUTE RESOLUTION
16.1 Any complaint, dispute or concern relating to the Services should initially be raised with EVOC Labs through its designated support or communication channel.
16.2 The Parties shall make reasonable efforts to resolve disputes through good-faith discussions before commencing formal proceedings.
16.3 If a dispute cannot be resolved through discussions, either Party may pursue the remedies available under applicable Indian law.
16.4 Where the Parties have separately agreed in writing to arbitration, the dispute shall be resolved in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat and venue of arbitration shall be as specified in the applicable written agreement.
1717. FORCE MAJEURE
17.1 EVOC Labs shall not be liable for any delay, interruption or failure to perform its obligations where such failure results from circumstances beyond its reasonable control.
17.2 Such circumstances may include natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, strikes, governmental actions, changes in law, internet or telecommunications failures, infrastructure failures, cyber incidents, utility failures or disruption of third-party services.
17.3 EVOC Labs shall make reasonable efforts to restore affected Services once the relevant circumstances cease or become manageable.
1818. MISCELLANEOUS PROVISIONS
18.1 Changes to Terms
EVOC Labs may update these Terms from time to time to reflect changes to its Services, business operations, technology, legal requirements or regulatory obligations. The updated Terms shall be published on the Platform or communicated through an appropriate channel. Where required, you may be asked to provide express acceptance of the revised Terms.
18.2 Modification of Services
EVOC Labs reserves the right to add, modify, suspend or discontinue any Service or feature, temporarily or permanently. Where reasonably practicable, EVOC Labs may provide notice of material changes.
18.3 Notices
Notices relating to these Terms may be communicated through the Merchant's registered email address, telephone number, WhatsApp, Platform notification or other contact information provided to EVOC Labs.
Formal notices to EVOC Labs may be sent using the contact details published on the EVOC Labs website: https://www.evoclabs.com/