Terms & Conditions of Amar Mokam

1. Agreement to Terms

These Terms & Conditions (“Terms”) govern your access to and use of the Amar Mokam Platform, including the Seller Panel and Social Integrations. By creating an account or using the Platform, you agree to these Terms and our Privacy Policy.

2. Eligibility & Account

• You must be legally capable of entering into contracts (e.g., 18+).
• You are responsible for your account credentials, devices, and all activities under your account.
• Provide accurate information and keep it updated. We may require verification (e.g., trade license, NID/passport) where legally required.

3. Subscriptions, Fees & Taxes

• Pricing is displayed within the Platform (e.g., monthly subscription, add-ons like warehouse modules, SMS/WhatsApp credits, etc).
• Fees are payable in advance and are non-refundable unless required by law or a written agreement.
• Prices may change with notice; continued use after notice constitutes acceptance.
• You are responsible for applicable taxes (VAT/SD, etc.). Official VAT-compliant invoices are available where required.

4. Use of the Platform

• Use the Platform in compliance with applicable laws (Bangladesh & international) and these Terms.
• Maintain necessary device, internet, and security measures.
• Do not misuse the Platform (e.g., reverse engineer, hack, transmit malware, spam, illegal content).
• Do not infringe third-party rights (IP, privacy, publicity).
• Respect Fair Use and API rate limits for Social Integrations.

We may suspend or terminate access for violations or risks to the Platform or third parties.

5. Social Integrations

• You may connect social media accounts/pages through OAuth permissions.
• You authorize us to access and process permitted data (e.g., post content, messages, comments, analytics, ad accounts) to perform requested functions.
• You remain solely responsible for the content you publish, including compliance with each platform’s policies and applicable laws.
• We may disable features if required by a platform or regulator.

6. Marketplace & Commerce

• Comply with product safety, labeling, tax, and consumer laws.
• Responsible for product descriptions, pricing, inventory, fulfillment, and after-sales obligations.
• Marketplace commission/fees may be set or modified with notice.

7. Intellectual Property

• The Platform (software, UI/UX, designs, content) is owned by Amar Mokam or its licensors.
• Limited, non-exclusive, non-transferable license to use the Platform for internal business purposes.
• You retain ownership of your content and grant us a license to host, display, and process it to provide services.

8. Confidentiality

Each party may access the other’s confidential information. The receiving party must protect it with reasonable care and use it only for legitimate purposes under these Terms.

9. Data Protection

We will process personal data in accordance with our Privacy Policy and applicable laws. A Data Processing Addendum (DPA) is available upon request for enterprise customers.

10. Third-Party Services

Certain features rely on third-party services (e.g., payment gateways, SMS/WhatsApp providers, cloud hosting). Your use may be subject to their separate terms. We are not responsible for issues caused by third-party services beyond our control.

11. Warranties & Disclaimers

• The Platform is provided “as-is” and “as-available.”
• We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant uninterrupted, error-free service or immediate correction of defects.

12. Limitation of Liability

• Amar Mokam is not liable for indirect, incidental, special, consequential, or punitive damages.
• Aggregate liability does not exceed the fees paid in the three months prior to the event giving rise to the claim.

13. Indemnification

You agree to indemnify Amar Mokam, its affiliates, and personnel from claims, damages, liabilities, and expenses arising from your content, breach of Terms, Social Integrations use, or violation of laws/third-party rights.

14. Suspension & Termination

• You may cancel at any time (effects at end of current billing period unless stated otherwise).
• We may suspend/terminate for violations, non-payment, or legal requirements.
• Upon termination, your license ends, and data may be retained per Privacy Policy and legal requirements.

15. Governing Law & Dispute Resolution

• Governing law: Laws of Bangladesh (conflict-of-laws principles excluded).
• Dispute resolution: Amicable negotiation; failing which, arbitration under BIAC Rules in Dhaka, in English, with one arbitrator.
• Consumers retain any non-waivable rights under local law.

16. Changes to Terms

We may modify these Terms. Updates will be posted and, where required, notified. Continued use constitutes acceptance.