SETHWAN TECHNOLOGIES USER AGREEMENT

Effective Date: July 2, 2023
Company: Sethwan Technologies
Address: 30 N Gould St, Ste 7784, Sheridan, WY 82801
Website: https://sethwan.com/

1. ACCEPTANCE OF TERMS

By accessing, registering for, or using Sethwan Technologies’ logistics software platform (the “Service”), you (“Customer,” “you,” or “your”) agree to be bound by this User Agreement (“Agreement”). If you do not agree to these terms, do not use the Service.

This Agreement constitutes the entire agreement between Sethwan Technologies (“Company,” “we,” “us,” or “our”) and Customer regarding the Service and supersedes all prior agreements and understandings.

2. SERVICE DESCRIPTION

The Service provides logistics management software including but not limited to:

  • Package and courier management
  • Customer management
  • Inventory and warehouse management

3. SUBSCRIPTION PLANS AND BILLING

3.1 Subscription Tiers

  • Basic Plan: $34.99 per month + $0.20 per package
  • Premium Plan: $249.99 per month + $0.15 per package
  • Additional plans and pricing may be available as communicated separately

3.2 Payment Terms

  • All fees are due in advance and non-refundable unless explicitly stated
  • Billing is processed through Stripe
  • Package fees are calculated monthly based on actual usage
  • All prices are in USD and exclude applicable taxes

3.3 Automatic Renewal

  • Subscriptions automatically renew for successive periods of the same duration
  • You may cancel your subscription at any time through your account dashboard
  • Cancellation takes effect at the end of the current billing period

4. SUBSCRIPTION TERMINATION AND PAYMENT FAILURE PROCEDURES

4.1 Payment Processing and Failures

Card Payment Failures:

  • We will retry failed card payments 4 times within one week of the initial failure
  • If all payment retries fail, your subscription will be marked as “unpaid”
  • Unpaid subscriptions result in immediate revocation of access to the Service

Bank Debit Payment Failures:

  • Similar retry procedures apply to bank debit payments
  • Failed bank debit payments will trigger email notifications

4.2 Payment Notifications

We will automatically send the following notifications:

  • Upcoming renewal reminder emails
  • Expiring credit card notifications
  • Payment failure notifications for both card and bank debit payments
  • Finalised invoices and credit notes
  • Payment reminders for unpaid recurring invoices:
    • 10 days before the due date
    • 2 days before the due date

4.3 Account Suspension and Termination

  • Accounts with unpaid subscriptions will have Service access immediately revoked
  • No refunds will be provided for periods of suspended access
  • We reserve the right to permanently terminate accounts with repeated payment failures

5. USER OBLIGATIONS AND RESTRICTIONS

5.1 Acceptable Use

Customer agrees to:

  • Use the Service only for lawful business purposes
  • Maintain the confidentiality of account credentials
  • Ensure all uploaded data complies with applicable laws
  • Not attempt to reverse engineer, modify, or circumvent the Service

5.2 Prohibited Activities

Customer shall not:

  • Use the Service to transmit illegal, harmful, or offensive content
  • Attempt to gain unauthorized access to Company systems
  • Interfere with or disrupt the Service’s operation
  • Use the Service to compete with Company’s business
  • Share account access with unauthorized third parties

6. DATA AND PRIVACY

6.1 Customer Data

  • Customer retains ownership of all data uploaded to the Service
  • Company may use aggregated, anonymized data for Service improvement
  • Customer is responsible for ensuring data accuracy and legal compliance

6.2 Data Security

  • We implement industry-standard security measures
  • Customer data is encrypted in transit and at rest
  • Regular security audits and updates are performed

6.3 Data Backup and Recovery

  • We perform regular backups and maintain comprehensive data recovery capabilities
  • Customer data is backed up according to our standard backup retention policies

6.4 Data Export and Transfer

  • Customer may request a complete export of their data for transfer purposes
  • Data export requests must be submitted in writing via email to [email protected]
  • Data export requests will be processed within 7-14 business days from the date of written request
  • Exported data will be provided in standard formats (CSV, JSON, or similar)
  • Data export services may be subject to additional fees for extensive datasets

7. INTELLECTUAL PROPERTY

7.1 Company Rights

  • Company retains all rights to the Service, including software, algorithms, and documentation
  • All trademarks, logos, and brand elements remain Company property

7.2 License Grant

  • Customer receives a limited, non-exclusive, non-transferable license to use the Service
  • License is valid only during the subscription period and for authorized users

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

8.1 Service Availability

  • THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND
  • WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE
  • SCHEDULED MAINTENANCE MAY TEMPORARILY INTERRUPT SERVICE AVAILABILITY

8.2 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM
  • COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • THIS INCLUDES BUT IS NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL

8.3 Specific Disclaimers

  • We are not liable for losses resulting from Customer’s failure to maintain data backups
  • We are not responsible for third-party integrations or services
  • Force majeure events (natural disasters, cyber attacks, etc.) excuse performance delays

9. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

  • Customer’s use of the Service
  • Customer’s violation of this Agreement
  • Customer’s violation of any applicable laws or regulations
  • Any third-party claims related to Customer’s data or business operations
  • Unauthorized use of Customer’s account

10. TERMINATION

10.1 Termination by Customer

  • Customer may terminate this Agreement at any time with 30 days written notice
  • Termination takes effect at the end of the current billing period
  • No refunds for unused portions of prepaid periods

10.2 Termination by Company

We may immediately terminate this Agreement if Customer:

  • Fails to pay fees when due
  • Violates any material provision of this Agreement
  • Uses the Service for illegal or harmful purposes
  • Becomes insolvent or ceases business operations

10.3 Effect of Termination

Upon termination:

  • Customer’s access to the Service immediately ceases
  • Customer data may be deleted after 30 days (unless legally required to retain)
  • All payment obligations remain in effect

11. DISPUTE RESOLUTION

11.1 Governing Law

This Agreement is governed by the laws of Wyoming, United States, without regard to conflict of law principles.

11.2 Arbitration

ALL DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Sheridan, Wyoming.

11.3 Class Action Waiver

CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS AGAINST COMPANY.

11.4 Exceptions

The following disputes are exempt from arbitration:

  • Claims for injunctive relief to protect intellectual property
  • Small claims court actions under jurisdictional limits

12. GENERAL PROVISIONS

12.1 Amendment

Company may modify this Agreement at any time by posting updated terms on the website. Continued use of the Service constitutes acceptance of modified terms.

12.2 Severability

If any provision is found unenforceable, the remainder of the Agreement remains in full force and effect.

12.3 Assignment

Customer may not assign this Agreement without prior written consent. Company may assign this Agreement without restriction.

12.4 Notice

All notices must be sent to:

  • Customer: Email address on file
  • Company: [email protected] or 30 N Gould St, Ste 7784, Sheridan, WY 82801

12.5 Survival

Sections relating to payment obligations, intellectual property, limitations of liability, indemnification, and dispute resolution survive termination.

12.6 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or cyber attacks.

ACKNOWLEDGMENT

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING THE SERVICE, CUSTOMER ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.

Customer specifically acknowledges understanding of:

  • The binding arbitration clause and class action waiver
  • The limitation of liability provisions
  • The automatic payment and subscription renewal terms
  • The indemnification obligations

Company Contact Information:
Email: [email protected]
Address: 30 N Gould St, Ste 7784, Sheridan, WY 82801
Phone: +1 (646) 969 1133 [Business Hours: Mon-Fri 8am to 6pm EST]

Last Updated: January 6, 2024