Terms of Service
These terms and conditions (“Terms”) govern the use of or access to https://www.mypin.ai (“Website”), the “myPIN” mobile application (“App”), and the Services (defined below). The Website and App are collectively referred to as the “Platform”.
These Terms also include our privacy policy, available at (“Privacy Policy”), and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. These Terms may be updated by us, without notice to you and the Terms, as amended, shall apply to you from time to time. You can always review the most current version of these Terms on the Platform.
These Terms constitute a binding and enforceable legal contract between Groundbreaking Technology Private Limited (“myPIN”) and a User (defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
- Services
- The Platform allows small businesses such as vendors, merchants, and suppliers (hereafter, “Merchants”) to record their daily transactions, such as the sale and purchase of goods and services, with their customers (“Customers”). In addition, the Platform uses technology to facilitate transactions between Merchants and Customers and uses data-backed insights to meet User’s potential needs. Further, myPIN facilitates the provision of financial products and services to Users (all the services described here, including the provision of the Platform and its features, collectively constitute the “Services”).
- Merchants and Customers are collectively referred to as “Users”. For the avoidance of doubt, a Merchant may be considered a Customer in certain transactions (and vice versa). For example, in a situation where the Merchant purchases goods and services from a supplier that are recorded on the Platform, the Merchant would be considered a Customer and the supplier a Merchant.
- Profile Creation
- To avail the Services, a Merchant would be required to create a merchant profile on the Platform (“Profile”). In addition to setting up username and password to create the Profile, the Merchant will be required to furnish certain details, including but not limited to phone numbers and details of their businesses. The Merchant warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Platform in the event of any change or modification.
- The Merchant is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify “myPIN” of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
- The Merchant expressly agrees to be liable and accountable for all activities that take place through its Profile. myPIN shall in no manner be held liable for any unauthorized access to a Merchant’s Profile.
- The Merchant agrees to receive communications from myPIN regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about myPIN and the Services; (iv) promotional offers and services from myPIN and its third party partners, and (v) any other matter in relation to the Services.
- KYC
- myPIN may be required to undertake certain “know your customer” processes in relation to Users who intend to avail certain features of the Services. In this regard, myPIN from time to time shall require Users to upload information and documents that may be necessary to ascertain their eligibility to use certain features of the Services (“KYC Documents”).
- The User authorizes myPIN, and any third-party service provider it may engage with, to process KYC Documents and ascertain its eligibility. Any processing undertaken by myPIN shall be in accordance with its Privacy Policy. The User agrees that it may be subject to additional terms of service in the event a third party processes information under this Clause. Further, In the event any additional information, data, or documentation is required to determine eligibility (collectively, “Additional Information”), the User hereby agrees to share such Additional Information promptly upon request, and further, authorizes myPIN to process such Additional Information.
- The User agrees and warrants to provide true, complete, and up-to-date KYC Documents and Additional Information. The User further acknowledges that (i) any false or misleading information provided in this regard shall constitute a material breach of these Terms, and (ii) its access to certain features of the Services may be limited or denied if it fails to share KYC Documents and Additional Information.
- Transaction Information
- Merchants may upload information relating to transactions with Customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between Merchants and Customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Merchants and Customers provided on the Platform.
- At the time of creating or uploading the first Transaction Information with respect to a Customer, the Merchant shall inform such Customer of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such Customer’s express consent in this regard and to:
- The creation of a profile of the Customer on the Platform, which will require sharing such Customer’s phone number and contact details with myPIN;
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Receive communications from myPIN regarding:
- (A) information relating to their transactions recorded on the Platform;
- (B) requests for payment;
- (C) information about myPIN and the Services;
- (D) promotional offers and services from myPIN and its third-party partners, and
- (E) any other matter in relation to the Services.
- Should the Customer fail to provide consent, or withdraw consent, the Merchant shall immediately cease to use the Services in relation to that Customer.
- Third Party Services
- The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
- myPIN makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
- Your Responsibilities
- The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to myPIN’s notice. myPIN does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
- The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
- The User shall extend all cooperation to myPIN in its defense of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
- While myPIN uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
- The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
- Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- Except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
- Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
- Engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
- Use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- Violate applicable laws in any manner.
- Our Intellectual Property
- All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to myPIN. Subject to compliance with these Terms, myPIN grants the User a non-exclusive, non-transferable, non-sub licensee, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
- myPIN may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). myPIN may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to myPIN’s or any third party’s intellectual rights.
- Term & Termination
- These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
- myPIN may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
- Upon termination under Clause 8(b):
- The Services will “time-out”;
- The User shall not be eligible to avail any features of the Services; and
- These Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
- Disclaimers & Warranties
- The use of the Services is at your sole risk.
- You acknowledge and agree that myPIN is not engaged in the provision, grant, or disbursement of any financial product. myPIN is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
- myPIN is merely a technology platform service provider and:
- Is not registered with the Reserve Bank of India;
- Does not hold any licence to engage in any activities relating to financial products; and
- Is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
- Concent Of Use Data
- You agree that myPIN may in accordance with its Privacy Policy collect and use your information and technical data and related information.
- myPIN may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.