This User Agreement was last updated on 15th October 2025
This User Agreement shall be brought into effect on 15th October 2025 at 9:00 AM IST.
Whereas, this User Agreement is hereby entered into by and between the User, as defined in clause (2)(35) herein, being the party of the first part, and Curiouspods Learning Private Limited, a company registered under the Companies Act, 2013, having its registered address at Sr.No. 146 & 170, Pristine Sq Gala-401A Off MU, Pune, Maharashtra 411057, IN, acting through its newly formed business unit Vtex.AI (hereinafter referred to as "Vtex.AI"), being the party of the second part, with respect to the Vtex.AI website, namely, www.Vtex.AI, and the Vtex.AI app (to be made available at a future date for use on portable devices such as mobile phones, tablets, or any other specified devices), hereinafter jointly referred to as the "Site", and the products, services, facilities, prizes, gifts, discounts and other benefits provided by Vtex.AI, as well as services and facilities provided by third-party affiliates, made available to the User, whether for consideration or not, through the Site, hereinafter collectively referred to as the "Site Services".
And whereas, this User Agreement is accompanied by two legal sub-documents, namely, (i) Payment Terms and Conditions; and (ii) Third Party Affiliates Terms and Conditions, which legal sub-documents shall be deemed to be parts of this User Agreement and are incorporated herein by reference; both the parties hereto shall grant their consent voluntarily to this User Agreement and both the aforesaid legal sub-documents, without objecting, in full or in part, to any of the provisions contained herein and therein, this User Agreement shall come into effect and shall become binding upon both the parties on the day and at the time when the party of the first part provides their absolute, unconditional, revokable, effective and perpetual consent to it in the manner specified herein. The party of the first part shall grant its consent by providing its declaration as follows:
"I grant my absolute, unconditional, revokable, effective and perpetual consent to the User Agreement, the Payment Terms and Conditions and Third Party Affiliates Terms and Conditions."
which shall be hereinafter referred to as "declaration of grant of consent".
And whereas, the contractual and business relationship between both the parties hereto is governed by certain terms and conditions, such terms and conditions are enlisted herein for the purpose of information, clarity and prevention of disputes.
User is hereby advised and recommended to read this User Agreement carefully; understand it fully and thereafter, he may choose to consent to or decline this User Agreement. Vtex.AI may suspend or stop providing Site Services to User in case User does not comply with the terms and conditions and other obligations of this User Agreement. By visiting the Site and browsing through its features, registering for a User Account, logging into and operating such User Account, availing the Site Services, downloading or purchasing any of the products from the Site, mouse clicking/finger tapping upon the button specifically provided for the purpose of issuing a declaration of grant of consent to this User Agreement or by other actions specified to be for the purposes of granting consent in this behalf, User acknowledges that he has read and understood, and agrees to accept and be bound by the terms and conditions and other obligations of this User Agreement.
Before proceeding to register on, access, use or read from the Site, User should read and understand this User Agreement and other legal sub-documents comprising the Terms of Use. In case User does not agree to the terms and conditions and other obligations contained herein absolutely, unconditionally and in their entirety, he should not proceed to register on the Site, or access, use or read from the Site Services. By mouse clicking/finger tapping upon the declaration of grant of consent button specifically provided for the purpose of granting voluntary consent to this User Agreement, User signifies his acceptance of and bond towards this User Agreement (as updated from time to time), and agrees to be bound by it for as long as User continues to use or access the Site and avail Site Services or till such period he is entitled to or till such period he is bound to do so by or under this User Agreement. In case User has registered a User Account and subscribed to any subscription plan but has become inactive in so far as his access to or use of his User Account has become minimum, such User shall, for the purposes of this User Agreement, continue to be deemed a user till such time the User Agreement with him is terminated in the manner laid down herein.
In the event of Vtex.AI updating or otherwise making changes to this User Agreement, it shall notify all its users and the public at large of such updates which shall become effective from such date as specified upon the Vtex.AI web site. User may visit the Site at any time to check the latest updates to this User Agreement. In case User does not approve of any updates to this User Agreement, such User may withdraw his consent granted to this User Agreement anytime and cease to avail of the Site Services. User shall note that he will be held responsible for any actions/omissions done or performed, any liabilities, losses, harm, damages or burden incurred and any lawsuits in which User is involved as a party prior to such withdrawal of consent and the withdrawal of consent at a later date shall not ipso facto affect or absolve User of any existing liabilities, losses, harm, damages or obligations of User.
The following definitions shall, unless they be repugnant to the subject or context, be applied to the key terms used hereinafter while interpreting the legal sub-documents contained within the Terms of Use, including, (i) Terms of Use Preamble; (ii) this User Agreement; (iii) Payment Terms and Conditions; (iv) Third Party Affiliates Terms and Conditions; (v) Code Policy; (vi) Privacy Policy; (vii) Cookie Policy; (viii) Intellectual Property Policy and Procedures; and any other document specified to be a part of the Terms of Use or incorporated herein by reference, as well as on the Site, in any content hosted upon the Site, or any materials downloaded from the Site, wherever these key terms appear, to the extent permissible by applicable law. Any key terms not defined herein but defined in the other legal sub-documents contained within the Terms of Use shall bear the meanings conveyed therein, unless they be repugnant to the subject or context, to the extent permissible by law. Key terms defined hereinbelow are case-sensitive and shall assume their dictionary meaning wherever the context so permits.
(1) "act/omission of Vtex.AI" shall mean an act/omission of an authorised representative of Vtex.AI performed by him/her in the normal course and scope of his/her duties and upon instructions, whether general or special, of the Board of Directors of Vtex.AI.
(2) "business day" shall mean a day on which the business activities of Vtex.AI are carried on normally during regular working hours when at least 50% of the regular full-time employees have assembled at the workplace for discharging their duties; and, such a day is not a holiday, or a day on which more than 50% of the regular full-time employees have resolved to participate in a strike to abstain from work, or the workplace is hindered from being operational due to compliance with governmental or judicial orders, force majeure or any inevitable circumstances, and shall not include a day on which the workplace was operational only for the purpose of maintenance or repairs of Site or any physical construction, renovation or repairs of the building or structure which houses the workplace of Vtex.AI.
(3) "consent", when used in the context of grant of consent to the User Agreement or as applied to protected information under the Privacy Policy, shall mean and include, (i) the consent granted or to be granted; (ii) the perpetual consent granted thereafter until revocation thereof; (iii) the renewal of such consent after being interrupted by revocation thereof or coming into effect of an updated User Agreement; and (iv) any successive consent granted, after any period of interruption, to this User Agreement, as updated and effective for the time being. Consent can be granted in any of the forms or manners including (i) access or continued access (including renewed access) to Site and availing the Site Services; (ii) registering and/or operating a User Account; (iii) mouse clicking/finger tapping upon the declaration of grant of consent button specifically provided for the purpose of granting consent to the User Agreement; (iv) continued User Activity; (v) availing subscriptions; (vi) consumption of or downloading of content from the Site; or (vii) any online interaction upon the Site with the Vtex.AI customer support services or with other users of Vtex.AI.
(4) "content consumption software" shall mean any software, original and supplied with a genuine license which is fit for the purposes of User, published by any third party, which is essential for using the downloadable materials and is compatible for accessing the content provided in the downloadable materials in its original and unabridged form, and shall not include any pirated software without a genuine license, regardless of the quality of its performance. For example, office software such as Microsoft Office® for reading files in relevant formats; PDF file reading software such as Adobe Acrobat® for reading files in PDF format; media software such as Windows Media Player® for reading files in MP3, MP4 format; code repository platforms such as GitHub® for accessing and reviewing code files, scripts, or project repositories in various programming languages and formats; etc. are content consumption softwares required for consuming the content and downloadable materials provided by Vtex.AI.
(5) "Corporate User" shall mean and include any user who is an association of persons or an entity recognised by law (such as a company which may be private or public and of any liability structure; partnership firm of any liability structure; trust; etc.) or any user who is not an Individual User.
(6) "deferred instalment payment" shall mean the payment of instalment on full amount charged as per the tax invoice, as a consideration, made or agreed to be made, against purchase of a product or service wherein the date of actual payment is a future date agreed upon and subsequent to the effective delivery of such a purchased product or service and such a payment excludes the amount of interest or penalty (if any), charged or levied for the period of delay or default in payment, on account of delay or failure to pay upon such future date agreed upon by the transacting parties.
(7) "device" shall mean any and every electronic device that is functional fully or in part but can perform all essential tasks, and is capable of connecting to other electronic devices and digital networks to access and use the Site and Site Services and includes, without limitation, any device such as a computer (personal, mainframe, super or other), laptop, mobile phone, tablet, notebook or any other device, called by any name or identity whatsoever.
(8) "Vtex.AI app" shall mean a mobile application including updates thereof (operational on any device and on any operating system), of limited or full functionality, in any stage of app development, which is available for download from the app store (pertaining to the relevant operating system) for installation upon User's device, and can be used by User to access the Site and avail Site Services after connecting such User's device to a functional internet connection.
(9) "Vtex.AI Executive Team" shall mean the team formed by team members who are announced as such by the Board of Directors of Vtex.AI.
(10) "Vtex.AI web site" or "Vtex.AI platform" shall mean and include the web site having the URL www.Vtex.AI and also includes the linked web pages therewith, which are a part of such web site and the web domain that is owned by Vtex.AI which can be accessed by User in order to avail Site Services through User's device but shall not include any third party web links or hyperlinks made available upon such web site or any portion thereof, for the purposes of redirecting to the web pages of such third party's web site, window, prompt or blog for any of the purposes relating to payment (payment method selection, confirmation and processing), information, survey and feedback, dispute resolution, third party software sharing and download, display or acceptance of applicable website-related documentation (terms and conditions, privacy and cookie policies, license agreements, etc.) and for such other purposes in connection with providing Site Services and customer support services; and shall also not include any web links or buttons relating to social media web sites provided for the purposes of redirecting to pages or channels, by whatever name called, upon the corresponding social media web sites whereupon Vtex.AI has established its online presence for the purposes of marketing and promotion.
(11) “downloadable materials” shall mean and include, (i) any software including updates thereof, programs, extensions, plug-ins, etc.; (ii) content files validly downloaded or validly downloadable from the Site in the form of text files, audio or video files, images, etc.; and (iii) such other downloadable materials as may be specified in this regard; but shall not include cookies, the term as construed in the accompanying Cookie Policy.
(12) "foreign web site or web page or service" shall mean and include a web site or web service or web page hosted or belonging to a third party regardless of whether it is affiliated to Vtex.AI or not.
(13) "handler", in connection with operating a User Account, shall mean, in the case of, Individual User, the natural person authorised by Individual User and to whom are entrusted the responsibilities connected therewith, to operate the Individual User Account on behalf of and for such Individual User, for reasons ex incommodo, acting in a fiduciary role or capacity, solely with the written permission of Vtex.AI; and shall not include a bot, program or any kind of artificial intelligence-fitted non-human entity (whether interactive or not), designed to operate an electronic device to gain access to and to operate the User Account.
(14) "Inactive User" shall mean any and every User who meets any one of the following conditions at the time of determining their status as active or inactive: (a) The User has a registered User ID or account on the Site but has not purchased or renewed any subscription plans for a continuous period of three (3) months; (b) The User’s subscription plan was cancelled or has expired, and no new subscription has been activated for a continuous period of three (3) months; (c) The User has not logged into their User Account for any reason whatsoever for a continuous period of three (3) months or more; and such status shall be determined as of the date when the User’s activity is being evaluated for classification as an active or inactive User.
(15) "Individual User" shall mean a user who is an individual natural person and in case of Indian citizens, shall include the karta of an HUF (Hindu Undivided Family) when such karta accesses the Site or Site Services on behalf of such HUF.
(16) "minor" shall mean a natural person who has not attained majority according to the provisions of the applicable law.
(17) "money" shall mean legal tender as recognised by the statutory banking regulatory authority (such as U.S. Federal Reserve in U.S., Reserve Bank of India in India or such other banking regulatory counterpart in any other country where Vtex.AI carries out its business), when such legal tender is available for making payment, and includes legal tender in cash or electronic form but excludes any instruments in the form of payment receivables such as outstanding debts, debit/credit notes, loans and advances, bank guarantees, any offer for barter or exchange, or any archaic or obsolete currency only collected, preserved, traded or stored as valuable antiquities or solely for numismatic purposes.
(18) "nominal advance fee" shall mean a fee charged at the time of availing any products or services such as subscriptions available upon the Vtex.AI web site or any content provided upon payment.
(19) "Non-paid User Account" shall mean an online account created upon the Site by Vtex.AI for registered users who have not subscribed to any of the paid products or services offered by Vtex.AI, but are provided limited access to Site Services, such as setting up an appointment with the Vtex.AI Executive Team for availing contractual or consulting services, which may include strategic guidance, technical advisory, solution assessments, or similar professional services. These services can be accessed and availed only by such registered users solely through their User Account, and strictly in accordance with the Terms of Use.
(20) "operation", in connection with User Account, along with its grammatical variations and cognate expressions, shall mean the operation of the User Account and includes, without limitation, the accessing of Site on any device, signing up processes such as registering email addresses and creation of account, logging in and out of sessions, access, management and updation of profile and related settings, availing of services, downloading of digital products, interacting with the platform, activities resulting in generating User Generated Content, authorising and confirming payment methods, lodging consumer complaints and grievances, availing consumer support services, account closure, data and data-related issues such as data privacy, raising issues and responding to issues raised relating to and/or in connection with the User Agreement or breach thereof and for resolving issues pertaining to the use of the Site or for availing Site Services or for such other purposes as may be specified in this behalf by Vtex.AI.
(21) If you sign in using a social media account via Clerk and do not provide consent to share your email address with Vtex.ai, our system will generate a placeholder email address (e.g., FirstName_LastName@vtex.ai) based on our legitimate interest in maintaining service continuity. This placeholder is created solely for technical reference and may appear on the Stripe checkout page during payment. It does not represent your actual contact information, does not affect billing or payment processing, and is not used for login, communication, or marketing. To contact Vtex.ai, you may provide your actual email address through our Contact Us form.
(22) "parent company" shall mean and include the incorporated legal entity bearing the name of "Curiouspods Learning Private Limited", registered in India.
(23) "past User" shall mean and include any and every person, either a natural person or an association of persons or an entity recognised by law, who was a user on the Site at a certain point in time in the past, regardless of whether he availed the Site Services offered to him in accordance with this User Agreement or not, for a certain period or periods prior to the date on which the relevant cause of action arose or issue in question was considered in the context of prevailing facts and circumstances, and also includes any person, either a natural person or an association of persons or an entity recognised by law, who can be deemed, regarded or determined as a past User by Vtex.AI or by any court of competent jurisdiction for the purposes of interpretation of the Terms of Use or matters connected therewith; but shall not include an inactive User.
(24) “payment Method" shall mean any of the payment methods declared as acceptable by Vtex.AI and includes payment methods provided by: (i) any trusted payment method specified in this behalf by Vtex.AI; (ii) a valid credit card issued by a bank acceptable to Vtex.AI; (iii) a valid debit card issued by a bank acceptable to Vtex.AI; (iv) a bank account linked to the User Account for the purpose of online fund transfer; (v) wire transfer; (vi) wallet app; (vii) a digital payment gateway or interface; (viii) any payment method supported through Stripe, including but not limited to credit cards, debit cards, bank transfers, wallets, and other local payment methods as enabled and accepted via the Stripe platform; or (ix) such other payment method as Vtex.AI may accept from time to time, in its sole discretion. but shall not include any payment methods such as cryptocurrency, tokens or any related virtual coins which are not recognised by the statutory banking regulatory authority (such as the U.S. Federal Reserve in U.S., Reserve Bank of India in India or such other counterpart in any other country where Vtex.AI carries out its business). Any gift card, virtual tokens, promotional vouchers or tokens, discount coupons or codes, refund tokens or vouchers, by any name called, credited to the User Account balance or wallet or made available for such credit purpose by Vtex.AI, can be used by User for the purpose of making payment or availing discount thereupon but shall not be regarded as a payment method as they bear expiry period and hence cannot be used for conversion, reconversion, adjustment or exchange to or against cash or any forms of legal tender.
(25) "payment services provider" shall mean any third party affiliate which provides payment related services, including but not limited to, processing, confirmation and delivery of payment and transfer of funds between and on behalf of the parties to this User Agreement and generating receipts thereof, in accordance with the Terms of Use, and management of currencies, including arranging for interconversion of such currencies, storage of such currencies and auxiliary services connected therewith, for an agreed consideration by the party to this User Agreement at whose instance such funds were transferred to the other party in accordance with the user agreement of such third party which provides the payment related services.
(26) "product provided upon subscription" shall mean such product which is provided under any valid and active subscription plan and which is available exclusively to User who avails such subscription plan and not otherwise.
(27) "registered user" shall mean any and every person, either natural person or an association of persons or any entity recognised by law, who has granted his consent to this User Agreement and has also registered an account on the Site, regardless of whether he avails the Site Services or not.
(28) "service provided upon subscription" shall mean such service which is provided under any valid and active subscription plan and which is available exclusively to User who avails such subscription plan and not otherwise.
(29) "Site visitor" shall mean any person, either a natural person or an association of persons or any entity recognised by law, any person authorised by the government or representing it, or any law enforcement official, any government body or authority in charge of maintenance of law and order, or any person authorised by a competent court or quasi-judicial authority or representing them; who visits or accesses the Site, either himself or through another natural person duly authorised for the purpose, solely for the purpose of (i) reading or for obtaining a copy of the Terms of Use (current or archived) or any updates thereto, in its authentic or simplified version, in any language or script; (ii) obtaining the details of the communication channels or contact information relating to the parent company; (iii) serving takedown notices or matters connected therewith; or (iv) for any other purposes specified by Vtex.AI, for the purposes of interpretation of this key term.
(30) "Software License Agreement" shall mean any valid license agreement granted by Vtex.AI, of any kind or type, with regard to or in connection with any software used as a product or for provision of services, for the purposes of specifying the licensing terms, conditions, provisions, arrangements and exceptions thereto relating to the use, download, distribution, installation or removal of such software which is the subject matter of such a licence agreement and includes, a license agreement such as a SaaS (Software As A Service) agreement.
(31) "subscription" shall mean a subscription plan (either for a consideration or provided for free for trial purposes) to avail any of the Site Services offered to a registered user, in which an agreed set of products and services are offered to such registered user, for an agreed subscription period, in accordance with the Terms of Use.
(32) "subscription period" shall mean the period during which the subscribed User can avail the products and services offered under the subscription plan he has subscribed to.
(33) "substantial change", in connection with the updates to this User Agreement, shall mean a change to the Terms of Use that alters, enhances or curtails, any of User's rights or benefits he is entitled to and/or creates additional responsibilities, obligations or liabilities, curtails or shifts responsibilities, obligations or liabilities, for, from or upon User, as the case may be, or increases or reduces the burden of existing responsibilities, obligations or liabilities upon User.
(34) "takedown notice" shall mean a takedown notice which is a valid notice issued by any person, either a natural person or an association of persons or an entity recognised by law, towards a web site or a web site hosting entity or any online data, file sharing or product selling platform, claiming that the content or part thereof, published or hosted on such web site is the intellectual property belonging to such person or that the person shares rights therein or that the content hosted thereupon allegedly violates their intellectual property rights; and which demands that the content or part thereof in question should be removed from the web site or any online data, file sharing, product selling or services providing platform along with any other claims pertaining to infringement of intellectual property rights. The two types of takedown notices based upon the subject matter of such takedown notices are: (i) copyright takedown notice; and (ii) trade mark takedown notice.
(35) "unauthorised access or use" shall mean and include any and every unauthorised access to the Site or Site Services, or use of products or services made available by Vtex.AI exclusively for its users, or any and every unauthorised access by any person to a User Account but does not include an access which is permitted by applicable law or justified under exceptional circumstances or is made bona fide.
(36) "unregistered user" shall mean any and every person, either natural person or an association of persons or any entity recognised by law, who accesses the Site to avail the Site Services therefrom which can be availed by such user without requiring him to register for an account on the Site; and such person shall not include a Site visitor.
(37) "update", in relation to the Terms of Use or any of its constituent legal sub-documents, shall mean any amendment, alteration, change, modification, insertion, substitution, omission or deletion of any provision or part thereof and unless specified otherwise, shall not include the act of giving effect to any existing provision not enforced till then or removing, staying or suspending the effect of any provision already in effect.
(38) "User" shall mean any and every person, either a natural person or an association of persons or any entity recognised by law, who grants consent as defined in (2)(3) by accessing the Site for browsing purposes, or registers for an account on the Site, avails the Site Services (either for a consideration or provided for free), or mouse clicks/finger taps on the declaration of grant of consent button specifically provided for the purpose of providing voluntary consent to this User Agreement. User may be addressed as "he" or "him" while being addressed as a personal pronoun in the nominative or accusative case respectively and as "his" in the genitive case and even though these pronouns are of masculine gender, they shall be construed to include feminine gender or other genders in case of natural persons and in case of an association of persons or entity recognised by law, shall also include the neuter gender. Key terms containing or relating to User are written with an uppercase initial alphabet when referring to the party of the first part and with lowercase alphabets when referring to a user in general.
(39) "User Account" shall mean an online account created upon the Site by Vtex.AI for User who has registered for such an account, to provide access to Site Services (either for a consideration or provided for free), which can be accessed only by registered users, in accordance with the Terms of Use and excludes the payment method or payment services provider account linked to such User Account.
(40) "User Activity" shall mean any activity performed upon the Site by User and includes browsing or navigating through the web site, logging into and out of the User Account and operating it, interacting with the content, downloading the downloadable materials, availing Site Services, availing customer support services, participating in any test of skill or game of chance conducted by Vtex.AI, etc.
(41) "User Generated Content" shall mean any comments, remarks, data, information, content, text, records, logs, smileys/e-mojis/emoticons or similar virtual objects, GIFs, icons, images, photographs, audio or video files, music files, or any attachments or such other content that can be directly or indirectly attributed to User as a result of application of his creative mind when prompted by or while interacting with the Site or other users upon the site or during availing Site Services and does not include (i) content which consists of intellectual property, the proprietary rights (whether all or some of them) of which belong to a third party excluding User; (ii) Personal Information submitted to Vtex.AI or to third party affiliates; and (iii) User Testimonials.
(42) "User Testimonials" shall mean and include any consumer feedback, rating, review, suggestion or recommendation, by User or past User, whether voluntarily submitted by User or past User, or collected from him upon request or by prompting him, through any mode of collection, including but not limited to, (i) the Site; (ii) dedicated customer relationship manager; (iii) physical or online survey conducted by Vtex.AI or by any person conducting such survey on behalf of Vtex.AI; and (iv) any third party's publication. User Testimonials shall exclude any User Generated Content, Personal Information, Sensitive Information or Confidential Information, or any other information subject to protection under the Privacy Policy.
(43) "valid notice" shall mean any notice which is acceptable to Vtex.AI and which is complete in all respects such that it can be considered and acted upon by Vtex.AI. Any notice which contains undesirable elements such as: (a) it is issued in a language other than English or any language specified by Vtex.AI as an acceptable language for communication; (b) lacks clarity of meaning, is illegible or contains words and expressions that are obscure or ambiguous, is incomplete with regard to content, is addressed incorrectly or issued by anonymous notice-sender, lacks call-to-action or does not state remedy expected from Vtex.AI; (c) lacks jurisdiction or bears defective rights or titles relating to intellectual property or other property, violates applicable laws or makes illegitimate demands, threatens inappropriate actions or suggests criminal behaviour; (d) appears to have been served due to any mischief or with mala fide intentions or for purposes of trolling or harassment, contains verbal abuse or vulgarity, shows rashness or carelessness, is directed with an intent to hurt sentiments of a person, community or society at large, defames a person or entity; (e) is frivolous or vexatious in nature, coerces or pressurises in any way or manner to concede the demands made or to tender an apology, asks for demands to be fulfilled within an unreasonably short period of notice or issues rash and inconsiderate ultimatum; shall not be regarded as a valid notice.
(44) "Solution Code" shall mean any software code, framework, method, or document created, developed, or otherwise authored by Vtex.AI for the purpose of demonstrating or supporting a particular solution as presented in any video, tutorial, presentation, or other educational content published or distributed by Vtex.AI, and shall include such material as prepared in the normal course and scope of Vtex.AI’s educational or promotional activities, whether pursuant to general or specific instructions from the Board of Directors of Vtex.AI or its duly authorised representatives.
User may register a User Account on the Site and avail the Site Services therefrom. Vtex.AI may require the User to create a User Account for availing such Site Services. User shall have to submit the required information in order to register himself upon the Vtex.AI web site. Once User sends a request for registering himself upon the Vtex.AI web site, web administrator shall either accept or deny registration, at his sole discretion, within 10 business days.
There are two types of User Accounts, namely, (i) Individual User Account for an Individual User; and (ii) Corporate User Account for a Corporate User. The distinct terms and conditions and other obligations pertaining to each type of User Account are listed hereinbelow for both types of User Accounts:
Individual User Account:
Subject to the provisions of this Terms of Use, any natural person or an HUF (Hindu Undivided Family) can use this User Account. The Individual User Account shall be created in the name of the Individual User and is to be operated solely by the Individual User or his handler. Such handler shall be responsible for operating the Individual User Account in accordance with the instructions and directions of the Individual User, issued in this regard, from time to time. The handler shall be bound by this User Agreement through the Individual User and shall operate the Individual User Account in accordance with this User Agreement. Any access, use or availment of the Site and Site Services through the Individual User Account by the handler shall be deemed to be such access, use or availment by the Individual User himself.
User Account credentials: Individual User may choose to register upon the Site using his personal e-mail address or his social media account acceptable to Vtex.AI.
User license: Individual User shall be granted a limited, exclusive, non-transferable, revokable, non-sublicenseable and personal use license.
Verification: At the time of registration upon the Site, e-mail verification will be applicable to Individual User.
In case of death or incapacitation of Individual User, if any family member submits proof of death/incapacitation, Vtex.AI shall cancel subscription immediately. Any auto-charged money from date of death till date of information will be refunded and no further charges will be applied. Upon death, all rights pertaining to User Agreement shall cease to exist and such rights cannot be transferred to or exercised by legal heirs or representatives of Individual User.
Handler shall cease operating the Individual User post death or incapacitation of Individual User.
Corporate User Account:
Subject to the provisions of this Terms of Use, any association of persons or a legal entity recognised by law such as a company, partnership firm, etc. can use this User Account. The Corporate User Account shall be created in the name of the Corporate User and separate licenses Corporate User who purchases digital content from the Site should follow the terms and conditions listed hereunder:
(a) User Account credentials: Corporate User shall register upon the Site solely using its corporate e-mail address.
(b) User license: Corporate User shall be granted a limited, exclusive, non-transferable, revokable, non-sublicenseable license.
(c) User licenses to be per unit: Corporate User licenses shall be distributed as single user license per user. For example, in case a Corporate User wishes to purchase subscriptions for their presales team of 5 members then such a Corporate User has to pay charges for 5 subscriptions and a single user license shall be granted to each team member.
(d) Transfer of Access Not Permitted: Corporate User acknowledges and agrees that the user access is specific to the individual users. Save as set forth in the sales order, access granted under these Terms of Use is not transferable to any other individual for any reason, and such Corporate User shall take all commercially reasonable steps to prevent its users from sharing User Account credentials or granting access to the content to any other individuals, both within and outside his organisation.
(e) Verification: At the time of registration upon the Site, e-mail or OTP verification will be applicable to Corporate User.
(f) Corporate User should enquire with Vtex.AI prior to using some of the solutions or terms used in the digital content as additional licensing fees may be applicable in certain cases. The license granted to the users is non-exclusive and does not permit commercial use of content, unless expressly stated otherwise.
(g) Merger/acquisition/bankruptcy of Corporate User: In case Corporate User which is a company that is acquired or merged or undergoing acquisition or merger, its rights under this User Agreement can be transferred to new entity. The licenses shall be transferred to new entity with same User Agreement but with new name and addresses but same user licenses. However, the new entity (old or new) should inform Vtex.AI in advance regarding the details of the merger/acquisition. Only name and address or account shall be transferred but no modification shall be done to original agreement or customised product or solutions sold or deal made to previous entity. In case a particular user who is assigned user license does not work for new company or is terminated, then that user license can be transferred to another employee of the new company with new email id to be updated into their account by themselves. So one user license can be transferred to another single user of new company. Vtex.AI shall not modify existing agreements in place and shall renegotiate the deal but existing licenses can be carried forward.
(h) In case the Corporate User becomes bankrupt, its users can still use the user licenses as if they are independent users till their subscription is valid.
(i) Such Corporate User shall not hold Vtex.AI responsible for not being successful at business or with limited success.
(j) Corporate User should not hold Vtex.AI responsible in case errors or flaws or misleading information on specific process or tools or approach or solution or methodology or whatsoever are provided on the Site or in the downloadable materials.
By subscribing to our services, users acknowledge and agree that Vtex.AI shall not be held liable for any issues related to the following products or services:
(i) The quality of video content played on our platform, regardless of the device used (mobile, desktop, tablet), may not always meet user expectations.
(ii) The quality, accuracy, or applicability of hands-on demonstrations, code quality, data, solution or outcomes presented may not align with user expectations or real-world use cases.
(iii) The market research or advanced solution segments within the video content may not reflect the most current information or meet user expectations.
(iv) The topics covered under any or all subscription plans may not align with user expectations or perceived relevance.
Cancellation and renewal, price change of subscriptions and refunds:
Subscriptions purchased by User are charged per purchase hence all products are offered per subscription except for downloadable products as those are provided upon payment of one time non-refundable fees..
(i) Cancellation: Users may cancel their subscription at any time; however, they will be charged for the entire month, and such charges are non-refundable.
(ii) Renewal: Subscriptions will automatically renew on a monthly basis. Users are encouraged to review the Refund Policy for comprehensive details regarding refunds and renewals.
(iii) Price Changes: In the event of a price change for subscription plans, the new pricing will take effect for existing users starting from the following billing cycle.
User may visit the Site without registration and may avail the Site Services that do not require registration upon the Site. However, User will be required to create a User Account by registering on the Site and to provide relevant Personal Information on the registration web page in order to access the Site Services that require the User to create and operate a User Account. The User may access, operate or delete the User Account under the instructions of the Site and Vtex.AI shall create, maintain, suspend or delete such User Account in accordance with the provisions of this User Agreement.
Users who register on the Site but do not complete a subscription purchase or payment will be deemed inactive if no transaction is made within three (3) months from the date of registration. Additionally, if a registered user does not log into their account for a continuous period of three (3) months, Vtex.AI may issue reminders or notifications to encourage re-engagement. Notwithstanding these efforts, Vtex.AI reserves the right to archive or permanently delete the accounts of such inactive users after the three-month period from the end of their registration date, at its sole discretion.
User's representations and warranties: User represents and warrants that,
(a) he has attained majority as per the law applicable in his jurisdiction as the content provided through the Site is intended only for individuals who have attained majority. In case he is underage, he shall not register for a User Account or otherwise continue to access or use the Site;
(b) he is not a person barred from accessing or using the Site under the applicable laws of any jurisdiction;
(c) all information that he provides upon the Site or to Vtex.AI by any other mode of communication is complete and accurate in all material respects and to the best of his knowledge and belief; and
(d) he shall be solely responsible for all service, telephony, data charges, and other fees and costs associated with his access to and use of the Site, including without limitation, maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
Authority: Between both the parties hereto, each one represents, warrants and covenants that it has the full power and authority to:
(a) enter into an agreement subject to these Terms of Use;
(b) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other separate agreement in this behalf; and
(c) that by doing so, it does not violate any applicable laws or any existing contractual relationship or the rights of third parties including third party affiliates and other parties.
Intellectual property rights of Vtex.AI: Vtex.AI represents, warrants, and covenants that,
(a) it has and will have all rights, titles, licenses, intellectual property permissions and approvals necessary in connection with its performance under these Terms of Use to grant User rights granted hereunder; and
(b) neither the Site, including the proprietary materials thereupon, nor the provision or utilisation thereof as contemplated under these Terms of Use, shall infringe or violate, in any manner applicable, or contravene or breach or constitute the unauthorised use or misappropriation of any intellectual property of any third party.
Reliance and functionality: Vtex.AI is not a healthcare provider, healthcare company, or medical advisory service, and does not offer medical advice, diagnoses, treatments, or clinical services of any kind. Any healthcare-related content, features, or solutions displayed on the Site—including but not limited to videos, tutorials, tools, demonstrations, simulations, or written materials—are intended strictly for general educational and informational purposes. Such content is not a substitute for professional medical or technological advice and may not reflect current medical standards, regulatory requirements, or best practices. Vtex.AI does not warrant the accuracy, completeness, applicability, or fitness for purpose of any healthcare-related information presented on the Site. Users are solely responsible for seeking guidance from qualified healthcare professionals and certified technology experts before relying upon, using, or integrating any such content or solutions into clinical workflows, production systems, or decision-making processes. Any reliance placed on such content is strictly at the User’s own risk, and Vtex.AI expressly disclaims all liability for any loss, harm, or adverse outcome resulting from such reliance, whether directly or indirectly.
Availability of Site: User acknowledges that the traffic of data through the internet may cause delays during his use of or access to the Site, and accordingly, User agrees to not hold Vtex.AI liable for any delays that are ordinary in the course of internet use. User further acknowledges and accepts that the Site may not be available on a continual 24-hour basis due to such delays, delays caused by the upgrading, modification, or standard maintenance of the Site, or any other delays beyond the control of Vtex.AI.
Compensating users for unavailablity of Site: Vtex.AI provides compensation to its users for time lost due to unavailability of Vtex.AI web site due to maintenance activity.
(a) In case system undergoes outage for 24 hours, no compensation shall be provided, Vtex.AI' SLA (service line agreement) is 48 hours per month as downtime is expected.
(b) In case system undergoes outage for more than 48 hours, Vtex.AI shall issue refund in response to user’s written request by e-mail. User should provide below details in the e-mail request: outage date/time/duration and error message details. In case error is due to internet or issue specific to user then no compensation will be given. To facilitate error analysis and initiate a refund claim, the User is required to provide Vtex.AI with detailed evidence of the issue, such as a screenshot or a clear description of the error message encountered. As Vtex.AI utilizes external hosting services for its website infrastructure, certain terms and conditions of the external hosting provider—as well as those related to any installed themes, third-party software used for video streaming, or subscription management—may also apply. Users are advised to review these additional terms, which are available on the respective provider's official website via the link provided below. - Hosting provider – https://vercel.com/; https://railway.com/; https://kinsta.com/; http://github.com/ etc.; Theme support – Figma https://figma.com; Video streaming software – https://vimeo.com/; Membership or subscription plan software – https://tutorlms.com/; Payment gateway – https://stripe.com/in; https://razorpay.com/
Typical refund payout time can be anywhere from a couple of weeks to a month depending on the type of issue and duration of outage. Vtex.AI may have to contact respective support team to verify if there was an actual outage. Refund will be calculated based on number of hours the system was down/total amount paid by the user for the subscribed content per month. A detailed article about this topic is provided upon the Site.
Non-Vtex.AI products: In case User installs or enables Non-Vtex.AI products for use with the Site, he acknowledges that the providers of such products may have access to his data in connection with the inter-operation of the Site with the web sites of such providers. Vtex.AI shall not be responsible for any use, disclosure, modification, or deletion of User's data while being accessed or transmitted through such Non-Vtex.AI products.
User may avail and enjoy certain rights expressly granted by this User Agreement or conferred upon him by law.
(a) Right to access the Site and avail Site Services: User may access and avail the Site and the Site Services anytime, from any place, for any duration of time, from any device and internet connection as long as such access, (i) is during a period of regular Site functioning and not during period of Site maintenance and repair or when the Site is offline due to employee strike from work, curfew imposed by law enforcement authorities, riots, inevitable circumstances or due to act of God/nature or other causes of force majeure; (ii) does not jeopardize the normal operation of the Site and interfere with the provision of Site Services; (iii) does not cause the Site to overhandle or overburden service or data requests; (iv) does not fall in the category of excess use beyond entitlement; (v) does not incur any kind of liability, loss, damage or harm for Vtex.AI; and (vi) does not violate the provisions of this User Agreement or the law applicable to the User and/or Vtex.AI. User may also upload, download, install, and use products and services on his device as long as it does not violate the provisions of this User Agreement.
(b) Right to receive benefits entitled to: User shall be entitled to receive benefits expressly conferred upon him by this User Agreement and which he has not voluntarily opted out of.
(c) Right to seek customer support services: User may seek the assistance of customer support services in connection with access to the Site, availing of Site Services, consumption of content or downloadable materials, co-ordinating with dedicated customer relationship manager, exercising or safeguarding his consumer rights, resolving any technical, administrative or payment related issues, lodging complaints and providing feeback related to the Site and Site Services.
(d) Right to terminate this User Agreement: Subject to the provisions contained in (20) Termination of this User Agreement, applicable law and other relevant provisions herein, User may terminate this User Agreement anytime and for any reason.
(e) Any other rights conferred by applicable law or created under any separate agreement in this behalf with Vtex.AI.
The rights conferred by this User Agreement are not absolute and their exercise is subject to various exceptions and limitations. User shall use the Site only for the purposes for which it is intended and not otherwise. User shall not perform any act/omission in violation of the provisions of this User Agreement. Vtex.AI may initiate action (by penalising or initiating legal proceedings) against User in case he is found non-compliant with the aforesaid requirements.
User shall not assume, infer, confer upon himself or by other means, any rights other than or in addition to the rights expressly conferred upon the User along with the limitations imposed thereupon unless otherwise provided by law. User shall not broaden or expand the range or scope of his rights as a user. User shall also acknowledge that he may not misinterpret or misconstrue the rights expressly conferred upon him to gain an unfair or undue advantage and that he may not alter or modify the meaning and scope thereof, in order to gain any benefit, immunity or advantage he is not entitled to by virtue of this User Agreement.
User shall be entitled to enjoy the product or services he has purchased unless the product or service is discontinued due to reasons of obsoleteness, takedown notice, government or court orders, public interest, ip rights, irrelevance, advancement in technology, legal policy, etc.
“DOs” and “DON’Ts”
As a part of the conditions for using the Site, User acknowledges and agrees to adhere and abide by the following DOs and DON’Ts while performing or undertaking any User Activity on the Site.
"DOs": User acknowledges and agrees that he shall:
(i) comply with all applicable federal, state, local or international law or regulations, including without limitation, any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S., India or other countries;
(ii) provide true and accurate information to Vtex.AI and keep it updated;
(iii) only post or otherwise provide information that User is comfortable after sharing;
(iv) use the Site or any portions thereof, in a respectful manner;
(v) exit from User Account at the end of each session or use of the Site; and
(vi) use the subscription for non-commercial home or personal use only unless otherwise permitted by Vtex.AI.
"DON’Ts": User acknowledges and agrees that he shall not:
(i) create multiple User Accounts on the Site using different email addresses, credit card numbers or bank accounts as every user is entitled to register and use only one User Account;
(ii) reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on or from the Site, subject to the limited permissions set forth herein;
(iii) manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of downloadable materials or temporary storage of video materials for offline viewing (in case it is permitted by User's subscription);
(iv) permit or provide others access to the User Account;
(v) sell, resell, sub-license, lease, transfer, barter or exchange his User Account to any person, either an natural person or an association of natural persons or an entity recognised by law, for any reason whatsoever.
(vi) impersonate or attempt to impersonate Vtex.AI, its employees, another user, or any other person or entity, including without limitation, by using e-mail addresses or account information associated with any of the foregoing, or provide incorrect or false information knowingly and deliberately;
(vii) remove or modify any copyright, trade mark, legal notices, or other proprietary marks or notations from the proprietary materials or any other content available on the Site;
(viii) violate or attempt to breach the Site’s security mechanisms, attempt to gain unauthorised access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way or manner;
(ix) co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorised representative of Vtex.AI;
(x) use the Site or any portion thereof to aid in transmitting, or to procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
(xi) post to the Site or any portion thereof, any inappropriate, offensive, violent, threatening, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libellous content or otherwise engage in conduct that results in the targeted or systematic harassment, bullying or shaming of others including the promotion, abetment or encouragement of suicide or self-harm;
(xii) post to the Site or any portion thereof, any Personally Identifiable Information unless required by Vtex.AI;
(xiii) use the Site or any portion thereof, or its contents, including User Generated Content, to recruit, solicit, or contact in any form, other users or potential users for employment or contracting for a business not affiliated with Vtex.AI without the prior express written permission of Vtex.AI;
(xiv) use or attempt to use the Site to store or transmit software viruses such as worms, Trojan horses, Denial of Service DOS attacks, logic bombs or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment or that is designed to collect or harvest Personally Identifiable Information or other data;
(xv) use the Site for the promotion of or for publicizing any criminal or illegal activity including terrorism;
(xvi) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Vtex.AI, may harm it or its users of or expose them to liability;
(xvii) use the Site in any manner that could disable, overburden, damage, or impair the itself, interfere with any third party’s use of the Site, including its ability to engage in real time activities through the Site, or otherwise attempt to interfere with the proper working of the Site; and
(xviii) defame or attempt to defame Vtex.AI or its products or services on the internet upon social media, through any publication, verbally or through any other platform, or instigate others to do so.
Vtex.AI reserves the right to monitor use of the Site and to suspend, revoke, deny, disable, or terminate User's access in case he violates any provisions of this User Agreement, including but not limited to, the foregoing DOs and DON’Ts, or if User's consumption exceeds reasonable limits, as determined by Vtex.AI.
The Site and its features are subject to United States export controls. No Site content or materials may be downloaded or exported (i) into (or to a resident of) Cuba, Sudan, North Korea, Iran, Syria, the Crimea region of the Ukraine or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction, or (ii) by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL). By accessing or using the Site, User represents and warrants that he is not located in, is not under the control of, or is not a national or resident of any such country or on any such list. Although the Site may be accessible globally, Vtex.AI makes no representation that the Site is appropriate or available for use in locations outside the United States or India, and accessing the Site from such territories where its contents or materials are illegal, is prohibited. User who chooses to access the Site from such other locations may choose do so at his own initiative and risk and User shall solely remain responsible for compliance with applicable laws and for facing any action initiated by any government for any alleged contravention of such applicable laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
User understands and agrees that the Site is an application service product. User agrees to provide information required by him that shall be correct, clear, unambiguous and specific and he shall assume full responsibility for the authenticity, legality, accuracy and validity of User submitted registration information. User shall also be responsible for updating any changes in his registration information to keep it up to date. User shall not, (i) post any information in the name of others; (ii) use User Account maliciously; or (iii) use the User Account in contravention of the provisions of this User Agreement, otherwise, Vtex.AI reserves the right to suspend the Site Services and User alone shall fully bear all risk, loss or liability arising therefrom. Vtex.AI does not accept any responsibility or liability for any claims or losses arising from actions/omissions of the User. User also undertakes to use the Site and Site Services in accordance with all applicable laws and assumes all responsibility for activities performed during such use, including his statements and any loss or damage that may directly or indirectly arise from his statements.
User shall bear the obligation to take good care of the registration information on the Site and shall be responsible for all activities carried out on the Site. User shall immediately notify Vtex.AI in case he encounters or detects any illegal or unauthorised activities, or he suspects any unauthorised access or use. Vtex.AI shall not be liable for any damages, losses or liabilities arising from a User’s non-compliance with any of the aforesaid provision(s).
Regarding User Generated Content: All User Generated Content on the Site are public information that any third party has access to. Any statement posted on the Site by the User shall be deemed as Public Information, and a User should bear legal liability for the same. In case, User does not want any third party to have access to his statements, he may refrain from posting them on the Site.
Revocation of rights of User and issue of cautionary notices: User hereby acknowledges and accepts that Vtex.AI may change, suspend, restrict, terminate or revoke his rights to the Site Services any time without notice and may issue him warnings or cautionary notices to regulate his online conduct.
Sponsored content: Vtex.AI may include sponsored posts or content, advertisements, etc. on the Site or in the downloadable materials. User agrees to the display of advertisements and other events from Vtex.AI with regard to its products or services or connected with its related third parties while enjoying the Site Services;
Monitoring content upon the Site: Vtex.AI shall have the right to suspend, at its sole discretion or determination, or delete any content that violates the laws and regulations in any jurisdiction or the provisions of this User Agreement, that infringes, prejudices, threatens any right or safety; or that impersonates others. Vtex.AI also retains the right to initiate legal action, including but not limited to, removing any illegal or infringing content, suspending the registration of violators and reporting relevant information to relevant authorities based on the applicable laws and regulations.
User shall keep his User Account credentials such as username, account registration number, registered e-mail address, passwords (login password, profile password, single use passwords generated, etc.), security questions, etc. safe and shall not disclose them to anyone without the express permission of Vtex.AI. User shall not disclose his passwords to anyone posing as or claiming to be an authorised representative of Vtex.AI. Vtex.AI shall never send communications to User asking him to furnish his passwords or related information that may be used to gain access to the User Account. Vtex.AI shall never instruct its employees, agents, affiliates or payment services providers to collect such information on its behalf. In case any individual (known or unknown) attempts to elicit such information from User, he shall report details of such individual and incident to Vtex.AI through the appropriate communication channel. In case, User discovers or suspects that his User Account has been compromised, he shall immediately change passwords and/or inform Vtex.AI providing details of the incident. User accepts and agrees that he alone shall be responsible for any User Account compromise or for any loss, liability, injury, harm arising from his own actions/omissions.
All Personal Information provided by User shall be handled in accordance with the provisions of the Privacy Policy, as updated from time to time. The contents of the Privacy Policy shall form part of the Terms of Use and shall be applicable to User at all times.
In addition to the above, User's device and cookies deposited therein, shall be governed by the provisions of the Cookie Policy, as updated from time to time. The contents of the Cookie Policy shall form part of the Terms of Use and shall be applicable to User at all times.
User shall, during access, use and interaction with the Site and Site Services, self-regulate his online conduct in general and his online behaviour towards customer support services representatives, dedicated customer relationship managers, employees, third parties or other users of the Site, during such interaction, in particular. User shall be bound by and oblige to the various restrictions imposed upon him by this User Agreement in this behalf.
User shall be held solely responsible for any User Generated Content he makes available on the Site and shall bear all risks, liabilities, losses and harm (personal, pecuniary, property, physical, mental, emotional or otherwise) that arise or are consequent therefrom, due to User's disclosure, publishing, communication or making available, in any form or manner, for any reason whatsoever, upon the Site or on any portion thereof, where such User Generated Content is accessible to the general public and where the confidentiality thereof cannot be assured by Vtex.AI or its third party affiliates, unless Vtex.AI expressly assures the confidentiality of such User Generated Content. Once User performs any act/omission during his access to the Site or while availing Site Services whereby User Generated Content is made available upon the Site, User thereby automatically and implicitly grants Vtex.AI an irrevocable, non-exclusive, sub-licenseable, transferable and royalty-free global licence to:
(i) provide User with products, services or content for the purposes of improving Site, Site Services, Terms of Use and business practices through use of such User Generated Content;
(ii) copy, publish, display, make derivative works and/or bring it to other works, or use User Account (except Personal Information) in other ways; and User grants Vtex.AI the permission to transfer for the preceding subject matter;
(iii) copy and publish such User Generated Content only to designated receivers;
User agrees that while accessing the Site or while availing the Site Services, he shall not post, upload, publish, transmit or share any material or information that:
(i) belongs to another person and whereupon User does not hold any right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another person's privacy, hateful, racist, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(iii) contains a fraudulent statement, wilful misstatement, statement suppressing facts, misrepresentation, or a monopolistic, unfair or restrictive trade practice;
(iv) harms or is prejudicial in any way or manner to minors or the rights thereof;
(v) infringes any patent, trademark, copyright or other proprietary rights;
(vi) violates any law for the time being in force;
(vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(viii) impersonates another person;
(ix) contains software viruses (Trojan horses, Denial of Service DOS attacks, worms, etc.), malware, spyware, logic bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or destabilizes, jeopardizes, overburdens or causes to overhandle any computer network or part thereof, or impairs such computer network from normal functioning or breaches or interferes with the network security system;
(x) threatens the unity, integrity, defence, security or sovereignty of India and U.S., friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
In the event of Vtex.AI receiving any court order or any order, notification or intimation from a competent government authority alleging that any information posted by User upon the Site amounts to a breach of this provision, Vtex.AI shall, unless the contrary is proven or that it has a reason to believe otherwise, take such steps necessary as required under law to remove or disable access to such information and may suspend or terminate User's access to the Site or Site Services at its sole discretion for such period as it may deem appropriate.
User agrees that he irrevocably waives any and all ownership, legal and moral rights to any User Generated Content whereof he is the creator.
Vtex.AI reserves the right to:
(i) scrutinize, determine and thereafter remove or refuse to post any User Generated Content, for any or no reason, at its sole discretion;
(ii) take any action with respect to any User Generated Content that it deems necessary or appropriate in its sole discretion, including if it believes or has reason to believe that such User Generated Content violates this User Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the general public, or in case it has the potential to create risk or liability for Vtex.AI or others;
(iii) disclose identity or other information pertaining to User to any third party who claims that material posted by User violates its rights, including its intellectual property rights or its right to privacy;
(iv) take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorised use of the Site; and
(v) terminate or suspend User's access to all or part of the Site for any violation of the User Agreement.
Notwithstanding anything to the contrary, Vtex.AI has no obligation to review any User Generated Content or materials before they are posted onto the Site, and it cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Vtex.AI assumes no liability for any action/omission regarding transmissions, communications, or content provided by any user or third party, and it has no liability or responsibility to anyone for performance or non-performance of the activities described hereinbefore.
User acknowledges and agrees that the facilitation of Site and Site Services to him is based upon technical support from third parties and various technical aspects connected therewith are therefore subject to the terms and conditions of such third parties. For instance, the Vtex.AI web site is hosted at https://www.vercel.com/ and https://railway.com/ by the web hosting platform by the name Vercel Corp and Railway Corp.and the payment services thereupon are provided by various payment gateways such as Stripe®, Razorpay®, Paypal® etc. User acknowledges that Vtex.AI may provide some of the User's Sensitive Information or Personal Information to such third parties in the course of receiving technical services or any other support from them. User's Sensitive Information and Personal Information are handled by the third parties in accordance with their own terms and conditions. Such terms and conditions of such third party affiliates may have an impact upon User even though he is not a party to such terms and conditions. User is therefore, advised and recommended to read and understand the applicable provisions of Third Party Affiliates Terms and Conditions in this behalf.
In case User visits the third party’s website or linked webpages therewith or any part thereof, or when he is redirected to such web sites or linked web pages therewith or any part thereof, from the web links or advertisements from the Site, the third party’s terms of use and related policies apply. User may also be prompted to access such third party’s app, to download software or other downloadable materials, or to avail their services in any form or manner. Vtex.AI hereby declares that it does not offer any assurance, express or implied, regarding the quality or suitability of such app, software, downloadable materials or services and expressly disowns any liability, loss, risk, harm, damage or inconvenience arising from access and use thereof.
User may choose to access the web links provided upon the Site which redirect User to the social media platforms whereupon Vtex.AI has its presence, in the form of pages or channels or the like, by whatever name called, for marketing or social interaction purposes. User hereby acknowledges and agrees that whenever he accesses such social media platforms through such web links, his online activity thereupon shall be subject to the terms of use/service, including user agreements, privacy policies, cookie policies and such other web site related legal documentation as applicable or specified by the corresponding social media platforms. User shall not blame or hold Vtex.AI liable or responsible for any inconvenience, loss, liability, harm or damage incurred or any controversy arising during or as a consequence of access to such social media platforms. User agrees to refrain from involving or inculpating Vtex.AI as a party to any dispute or legal proceedings (including any proceedings presided upon by an arbitrator), without the knowledge and express permission of Vtex.AI.
Vtex.AI hereby declares that it has no control or influence over such third party’s terms of use and policies and hence, shall not bear any liabilities, risks, losses, burden and legal responsibilities when User accesses or uses third party’s web site, app or services. User hereby accepts and agrees to indemnify Vtex.AI from any and all liabilities, risks, burden, losses, damages or inconveniences caused by or arising from a third party claim, lawsuit or action relating to, (i) User’s breach of this User Agreement; (ii) User Generated Content posted to the Site; (iii) User’s actions/omissions while operating the Site and during availing Site Services; and (iv) User’s dealings and transactions with third parties without the knowledge or involvement of Vtex.AI.
User is advised and recommended to give special attention to the details of the present provision as it relates to the payment model and plans adopted by Vtex.AI for provision of Site Services to the User. User is requested to read carefully and fully understand the charging methods Vtex.AI uses for the provision of the Site Services as it will clear all misunderstandings and avoid disputes pertaining to payment of charges. The detailed provisions are contained within the Payment Terms and Conditions.
Payment charged for availing any paid Site Services, unless specified otherwise, is inclusive of all taxes. User is liable to pay any and every tax, excluding the direct taxes payable by Vtex.AI upon its income, that is levied upon and applicable to him in his jurisdiction regardless of whether such tax is collected by Vtex.AI or not. Vtex.AI assures that when it is required by applicable law to collect such taxes on behalf of User, it shall remit them to the appropriate tax authority within such time as may be prescribed in this regard. Further, Vtex.AI also reserves the right to alter the taxes collected from User in the event of any change in the applicable tax rate or in the taxability of any product.
For users subject to taxes imposed under U.S. law:
All Federal and State taxes levied upon individuals and businesses subject to taxes and collected from them in accordance with applicable laws are applicable to users subject to U.S. law.
For users subject to taxes imposed under Indian law:
Goods and Services Tax levied upon individuals and businesses subject to taxes and collected from them in accordance with applicable GST laws at the applicable tax rates prescribed by the government upon recommendations of the GST Council, for individuals or businesses accordingly, as the case may be.
Vtex.AI shall collect taxes and remit them to the government. Users shall be liable to pay taxes, wherever applicable,
In no event shall Vtex.AI, its Board of Directors as a group, individual directors, third party affiliates or their licensors, employees, agents and contractors be liable to User or any third party, with respect to the Site or the subject matter of these Terms of Use, under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for (i) any amount in the aggregate in excess of the greater of the amount User has paid to Vtex.AI for use of the Site during the 3 months immediately preceding the date such liability arose; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation, loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill; (iii) data loss or cost of procurement of substitute goods or services; (iv) for any matter beyond Vtex.AI' reasonable control; or (v) for any actions of, or services provided by, third party affiliates or independent contractors providing services on behalf of Vtex.AI or through the Site.
User agrees to use the Site or Site Services harmlessly and to indemnify Vtex.AI, including its Board of Directors as a group, individual directors, dedicated customer relationship manager or other employees, third party affiliates, business partners, agents and contractors against any lawsuit, complaint, loss, damage, responsibility, cost and fees (including but not limited to lawyer's fees) from any third party claims caused by User's access, operation or use of the Site or Site Services, operating his User Account, his User Generated Content, his violation of this User Agreement or any law, rules or regulations applicable to him or the infringement of rights of any third party, or any fraudulent act by User.
Vtex.AI reserves the exclusive right to defend and the right to claim for compensation. User shall not unilaterally reconcile when User and Vtex.AI jointly file a lawsuit against any third party, without written consent from Vtex.AI. Vtex.AI shall reasonably notify the User of any such lawsuit or action at law.
Under no circumstances shall Vtex.AI bear any indirect, consequential, exemplary, incidental, exceptional or punitive compensation resulting from the breach of this User Agreement.
The foregoing provisions shall not affect any liability which cannot be excluded or limited under the applicable law.
Save as the warranties outlined herein, the Site is provided on an “as is” and “as available” basis, without warranty of any kind, whether express or implied. Neither Vtex.AI nor any person or legal entity associated with it makes any promise, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site and Site Services. Without prejudice to the foregoing provisions, neither Vtex.AI nor any person or entity associated with it promises, represents or warrants that the Site and Site Services or content obtained therefrom or any portion thereof will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the platform or the server that makes them available are free of viruses or other harmful components; or that the Site or its content or materials will otherwise meet User's needs, requirements or expectations. Vtex.AI hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to, any warranties of merchantability, non-infringement and fitness for a particular purpose.
Vtex.AI shall not be held responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information published or hosted on the Site and made available through Site Services. Vtex.AI shall not bear any legal liability under any of the circumstances listed below:
(a) providing Personal Information in accordance with local regulations and government requests;
(b) disclosure of Sensitive Information or Confidential Information caused by negligent actions of or by User;
(c) any circumstances caused by suspension, breakdown and so on that result from reasons beyond Vtex.AI' reasonable control including, without limitation, from hacking, virus invasions, blockings due to illegal and harassing content, government control or any other reasons related to network, technique, communication line and information security management;
(d) losses to the User because of any third party's failure to provide services promised to User, or any inevitable circumstances such as the communication line breakdown, technical problems, network and computer breakdown, and other cases of force majeure;
(e) risks from threat, defamation, offensive or illegal information that are caused through the Site or Site Services; and
(f) any psychological or physical damage and economic losses when User interacts with other users through the Site or Services;
Vtex.AI expressly declares that it does not guarantee timeliness, security and accuracy of the Site Services expressly, impliedly or in other forms. Any content posted by User on the Site does not ipso facto represent or reflect any viewpoint or policy of Vtex.AI for reasons of hosting such content on the Site and Vtex.AI does not bear any responsibility on this account.
Under no circumstances shall Vtex.AI bear any responsibility for any indirect, consequential, exemplary, incidental, exceptional or punitive damages, including loss of profit, reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever, arising out of the use of or inability to use Site Services. In spite of the provisions in this User Agreement, the maximum liability towards the User and sole legal remedy or compensation of the User shall not, in any case, exceed the fees (if any), User paid to Vtex.AI as a consideration towards Site Services availed during the subscription period, for any reason or in any manner.
Vtex.AI also disclaims any and all liability for the acts, omissions and conduct of any third party in connection with or related to the use of the Site Services. Vtex.AI shall not be held responsible or liable for any damages or losses resulting from any correspondence or business dealings with third party service providers or advertisers or resulting from the presence of such advertisers on the Site.
User acknowledges that Vtex.AI is not an educational institution or a healthcare organization or an AI institute or a university offering conventional academic degrees or courses. Hence, the educational content provided by Vtex.AI shall not be deemed to be a substitute for any academic material. Vtex.AI does not accept any liability or entertain any claim from any person who misinterprets the role of Vtex.AI and expects any academic felicitation or conferment of degrees upon successful completion of educational sessions.
Vtex.AI complies with intellectual property laws in all jurisdictions in which it carries out its business or has a business existence. Vtex.AI respects the intellectual property rights recognised by law belonging to third parties. This provision does not confer any intellectual property rights upon any third party but merely acknowledges and safeguards the intellectual property rights recognised by law.
Intellectual property rights of third parties: Any information posted on the Site by the User should not infringe the intellectual property rights of any third party. User should not upload, transmit, distribute, display, release, change, spread or copy any material under the protection of applicable intellectual property laws, or proprietary information of others, without the written consent of the owner of such material. All content uploaded to the Site or any section thereof shall either be (i) original content (the intellectual property rights of which are solely held by the User); (ii) content which is uploaded with the permission of the owner(s) of intellectual property rights thereupon; or (iii) content which falls under the category of "fair use". In case Vtex.AI receives a valid takedown notice from any copyright owner or his legal representative, Vtex.AI shall remove the content in question in accordance with the manner laid down in the Intellectual Property Policy and Procedures.
Intellectual property rights of Vtex.AI: Any graphics, words and composition involving Vtex.AI and its logos, appearing in the content, products and services offered by Vtex.AI, are the intellectual property of Vtex.AI. Without written consent of Vtex.AI, no person, either a natural person or an association of persons or any entity recognised by law, can exercise the right to display or use them in any way or manner. By no means can any person, either a natural person or an association of persons or any entity recognised by law, use, copy, change, disseminate, distribute, display, sell, transcribe any part of the intellectual property or bundle and sell it with other products.
This provision contains only the terms and conditions pertaining to intellectual property rights and not the procedure prescribed for asserting and safeguarding such intellectual property rights. Vtex.AI has outlined a detailed procedure on this matter in its Intellectual Property Policy and Procedures, available on the Terms and Conditions page at Vtex.AI.
User may note that User Account is not and shall not be deemed to be a property of any kind, tangible or intangible belonging to the User merely because it is registered in the name of the User. The User Account is a part of the platform created by Vtex.AI for providing services to him and by using such User Account, does not own the platform or part thereof. User does not own the User Account rather he is merely conferred with a set of revokable rights to use the User Account by Vtex.AI. And hence, the User Account cannot be traded like a commodity.
All trade marks, logos or other marks included herein are the intellectual properties of the respective trademark owners and hence are mentioned herein for referencing purposes under the well-established "fair use" permissions. Vtex.AI hereby declares to everyone that by publishing or referencing such trademarks, logos or other marks, it does not intend to infringe upon the intellectual property rights of any such trademark owners or violate the laws relating to intellectual property.
Takedown notices issued to Vtex.AI under the Digital Millennium Copyright Act, 1998 or under any other law for the time being in force in U.S., or under any law relating to copyrights or trade marks or the like in other countries, may be addressed to legal@Vtex.AI and cc to vtex2025@gmail.com, clearly stating the facts and issues along with suitable justification. Such takedown notice shall be issued in English language or in any language specified by Vtex.AI as an acceptable language for communication. Upon receipt of such takedown notice, Vtex.AI may proceed to initiate any of the following actions:
(a) Ignore the takedown notice: Vtex.AI may ignore the takedown notice in case it does not conform to the elements of a valid notice.
(b) Consider the takedown notice and permanently remove the content in question: In case the takedown notice is valid and absolutely fit for consideration and the accuracy, relevance and veracity of the statements, facts and claims mentioned therein is established beyond doubt, Vtex.AI shall proceed to act upon such takedown notice and permanently remove the content in question and may communicate the same to the notice-sender and if deemed necessary, to the public at large.
(c) Consider the takedown notice, temporarily remove the content in question and put it under review: In case the takedown notice is otherwise fit for consideration but contains aspects which need review or consultation from experts, Vtex.AI shall proceed to consider it temporarily removing the content in question and putting it under review. Subsequent to completion of review process, if it is satisfied with the claims made therein, Vtex.AI may permanently remove the content in question. In case after completion of the review process till the satisfaction of Vtex.AI, it is determined or established that the removal of such content in question is unjustified, Vtex.AI shall reinstate or restore the content in question and furnish a reply justifying its actions.
(d) Reply to the takedown notice seeking additional details or time for review: In case Vtex.AI seeks additional details in connection with the contents of the takedown notice or due to the nature of the matter presented therein, determines that it needs time for review of the contents of the takedown notice, it shall furnish a reply to the takedown notice seeking additional details or time for review, as the case may be.
(e) Reply to the takedown notice defending the published or hosted content: In case Vtex.AI has reason to believe that the contents of the notice bear incorrect facts or misrepresentations and/or that the claims and demands are unjustified and should not be fulfilled, it shall issue a reply to the notice defending the published or hosted content.
In the event of merger or acquisition of the parent company with or by another company, the Site and Site Services along with all assets, infrastructure, capital, debts, liabilities, and stocks and shares of the parent company shall be transferred to the new entity resulting therefrom and hence, the new legal entity shall be bound by this User Agreement. This User Agreement shall remain valid and enforceable in such a case and any existing lawsuits pending in a court of law against the parent company shall thereafter, be defended by such new legal entity.
In the absence of a separate agreement to the contrary or without the written permission of Vtex.AI, no minor shall access the Site or avail the Site Services. No minor shall create a user account in his name nor use another person's user account. No minor shall access the Site or avail the Site Services with or without a user account. Vtex.AI does neither carry out transactions with minors nor offer any products or services suitable for consumption of minors hence, minors are not capable of becoming a party to this User Agreement.
This User Agreement becomes effective between the parties hereto upon User's grant of consent to this User Agreement in the manner laid down in this User Agreement's recitals and continues to remain effective during the User's continued and perpetual grant of consent, until terminated in accordance with the manner elaborated in this provision:
(a) By User: The validity of and effect brought to this User Agreement depends upon the perpetual consent granted to this User Agreement by User. This User Agreement gets terminated in the event of User choosing to revoke his perpetual consent granted to this User Agreement. User may choose to terminate this User Agreement anytime and for any reason whatsoever. User hereby acknowledges and agrees that regardless of such termination of User Agreement, any dues pending from him or any just and valid claims against him in connection with this User Agreement shall remain payable thereafter. User shall not be absolved of all liabilities and just and valid claims against him on account of such termination of User Agreement. User shall also remain liable and responsible for the consequences of any acts/omissions performed by him in connection with or for the purposes of User Agreement during the period the User Agreement was binding upon him and such termination of User Agreement shall not absolve him of any liabilities, losses, harm, damage or obligation incurred prior to the date of such termination of User Agreement.
(b) By Vtex.AI: Vtex.AI may restrict User's right to access the Site, Site Services and User Account, and/or terminate this Agreement at any time without notice, at their sole discretion, if it believes or discovers that User has violated the provisions of this User Agreement. Vtex.AI reserves the right to terminate this User Agreement if it is discovered that the User has infringed the copyright of a third party and receives a valid notice from such third party or legal representative of the third party unless User proves or is able to prove that such alleged infringement claims can be falsified. This User Agreement may also be terminated in case User files any chargeback upon payment made by him and such chargeback succeeds resulting in loss to Vtex.AI.
Once this User Agreement is terminated, the corresponding User Account shall be deactivated or deleted and User's rights to access and avail the Site and Site Services shall be abrogated. User hereby acknowledges that this entails that his User Generated Content may, at the sole discretion or determination of Vtex.AI, be permanently removed from its database and from any sections of the Site. Vtex.AI shall not take any responsibility nor bear any liability or loss incurred as a consequence of terminating this User Agreement and removing the relevant User Generated Content.
In case User creates multiple accounts on the Site, he shall have violated the provisions of this User Agreement and Vtex.AI shall terminate the User Agreement with or without notice to User, at its sole discretion or determination. User is allowed to have only one User Account at any time.
Interactions with other users: In case User happens to encounter another user or a group of users while accessing the Site or while availing the Site Services and chooses to interact online with such other user or group of users, he may choose to do so at his sole risk and responsibility and Vtex.AI shall not bear any such risk or responsibility arising during or as a consequence of such online interaction. Vtex.AI does not perform (and neither is obliged to do so) any monitoring, surveillance or moral policing of any online activity or behaviour of the Site users while visiting the Site and availing the Site Services and hence shall not be held responsible or liable for the misconduct of other users towards the User. The liability for any wrongful or inappropriate actions of another user or group of users directed towards User, including but not limited to, ghosting, spamming, mocking, trolling, inappropriate teasing, harassment, humiliation, verbal abuse, issuing derogatory remarks, defamation, online bullying, sharing offensive content, display of prejudiced attitude, boycotting or ostracising without valid justification, issuing threats, online stalking, online sexual misconduct, false implication, making any illegal offer, impersonating someone or deceiving, acting with criminal intent, or any loss (financial, physical or otherwise) incurred by User shall be borne by User and Vtex.AI shall not be held responsible or liable for such actions or such loss. In case User chooses to meet or interact with another user or a group of users outside the Site, physically or on another online platform or otherwise, he shall do so at his own risk and responsibility and Vtex.AI does not recommend, encourage, facilitate, arrange or mediate such meetings and interactions outside the Site. Any actions or events occurring during or as a consequence of such meetings and interactions outside the Site are to be dealt with by User directly and Vtex.AI shall not be held responsible for any loss, liability, harm and damage caused therefrom. User hereby agrees to refrain from involving or inculpating Vtex.AI as a party, other than for the purposes of co-operating with law enforcement authorities with carrying out investigation or collecting records, in case User chooses to initiate or commence legal proceedings against such alleged wrongdoer users or group of users. In case, it is expedient for Vtex.AI to become party to such legal proceedings against such alleged wrongdoer users or group of users, User agrees to seek express permission of Vtex.AI before involving them in such legal proceedings and also agrees to pay on behalf of it, all legal and miscellaneous expenses incurred in connection therewith. Nothing in this sub-section shall mean that Vtex.AI shall condone such wrongful or inappropriate actions of such users or group of users in case such actions adversely affect or prejudice the legitimate or business interests of Vtex.AI or if they bring harm to its reputation. Vtex.AI shall, if it deems fit, choose to seek remedies available to it against such wrongdoing users or a group of users, including but not limited to, suspending or deleting their user accounts, restricting their access, penalising them, or initiating legal proceedings against them for the purposes of (i) safeguarding their own legitimate or business interests or those of its third party affiliates; (ii) safeguarding the rights (User Account related, data, privacy or other) belonging to User; (iii) disrupting the Site or creating an unhealthy atmosphere; and (iv) deterring the users from visiting or carrying out normal activities on the Site. The Site and Site Services may contain user generated content provided by other users or a group of users and the interaction between User and other users or group of users shall only be limited to between User and other users or group of users. Save as may be required under applicable laws, Vtex.AI does not monitor, regulate or moderate such user generated content, bear legal liability thereupon, or bear the obligations to check, monitor, examine and approve such user generated content. Vtex.AI shall not bear any responsibility or legal liability arising from such interaction. Vtex.AI shall not be responsible for any dispute between User and any other third party arising out of such interaction between User and another user or a group of users during access to the Site or the Site Services. Vtex.AI shall not be held liable for any false claims or illegal offers made on the Site by another user or group of users regarding any third party in relation to the use of the Site or the Site Services to which User falls prey or by which User is lured into a scam or a scandal.
User shall not instigate or coerce another user or a group of users to commit such acts/omissions that may violate the provisions of this User Agreement or infringe upon the rights of third party affiliates. User shall be responsible and held accountable should he choose to commit such actions/omissions upon being instigated by another user or a group of users which may result in a violation of the provisions of this User Agreement or infringement of third party rights unless it is proven that User acted innocently or was deceived into committing such acts/omissions.
User Testimonials and rights thereof: User may voluntarily provide or be prompted by Vtex.AI to submit his consumer feedback, rating, review, suggestion or recommendation with regard to Vtex.AI or the consumer care services offered by Vtex.AI or the quality of Site or Site Services and such User Testimonials, submitted to Vtex.AI shall belong to Vtex.AI and shall not be regarded as User Generated Content thereafter. User acknowledges and agrees that by submission of such User Testimonials, User grants his implied permission to Vtex.AI to use such User Testimonials for their purposes. Submission of such User Testimonials shall be deemed to transfer all rights, including copyrights, in such User Testimonials to Vtex.AI absolutely, irrevokably and unconditionally. Vtex.AI reserves the right to use such User Testimonials by posting them in the consumer testimonials gallery, exhibit, display or section of the Site in any appropriate form or manner for the purpose of marketing including advertising, promotional activities and for generating goodwill in the market. Vtex.AI reserves the right to truncate, abridge, adapt, conform, re-format, modify or re-modify repeatedly (including by proofreading or by sentence structure alteration), or for removing any undesired or slang vocabulary and facilitating better presentation to the potential consumers or general public, or for the purpose of enhancing its suitability for their purposes without altering the meaning or context thereof or original intent of such User. Vtex.AI hereby assures User that it does not create any fake testimonial on behalf of any user which may appear plausibly created by such user for any purposes, commercial or non-commercial. User also acknowledges to consider such User testimonials as unclassified and non-exclusive and agrees to not claim any right, royalty or share of profits in connection with revenue generated as a consequence of market goodwill generated due to use of such User Testimonials.
In the event of arising of any disputes between the parties hereto, both the parties hereby agree to resort to peaceful and cost-effective means for settlement of such disputes. Typically, disputes arising between the parties hereto may categorised into several categories as follows:
(i) product/service quality related disputes;
(ii) product/service delay or failure in delivery related disputes;
(iii) payment related disputes;
(iv) subscription plan/membership related disputes;
(v) refund/renewal related disputes;
(vi) violation/breach of user agreement or non-abidance with privacy policy or other agreements/policies related disputes;
(vii) intellectual property rights or other rights related disputes;
(viii) commercial usability/loss of business/plagiarism related disputes;
(ix) unfair or unauthorised use related disputes;
(x) consumer data protection/data theft/data misappropriation related disputes;
(xi) conflict of laws related disputes;
(xii) disputes arising out of non-compliance or unsatisfactory compliance with takedown notices;
(xiii) miscellaneous disputes.
Vtex.AI has set up mechanisms for settlement of disputes in a relatively inexpensive and convenient manner. Users can reach out to customer support through multiple communication channels listed on the "Contact Us" page at Vtex.AI.
In case the issues were not resolved at the level and capacity of the customer support services, Vtex.AI has appointed an authority Admin@Vtex.AI specially for the purpose of resolution of disputes at the administrative level. The dispute resolution authority is specially trained in the task of settlement of disputes. User may lodge and address his grievances with such authority and obtain redressal therefor.
In case User is still unsatisfied, both parties hereto may opt for ADR (alternative dispute resolution methods such as arbitration, conciliation or mediation) by referring the matter to an arbitrator mutually appointed by both parties in this behalf. Both parties to such dispute may submit their grievances and submissions along with claims and remedies sought. Upon hearing both parties, the arbitrator shall contemplate the solution and declare his award in favour of either party. Both parties agree to co-operate in this behalf to seek the award from the mutually appointed parties and such award shall shall be final and binding upon both parties.
User hereby acknowledges and agrees that all expenses incurred in connection with arranging a device and associated internet connection and charges thereof in order to be able to access the Site and avail Site Services shall be borne by him or by any person paying or agreeing to pay on his behalf, whether fully or in part, and not by Vtex.AI.
In case User uses a mobile device and may optionally use Vtex.AI App on the same device, he hereby acknowledges and agrees that all expenses incurred with regard to mobile data consumption and messages sent shall be borne by him or by any person paying or agreeing to pay on his behalf, whether fully or in part, and not by Vtex.AI.
User shall note that certain downloadable materials such as files containing text, images, audio, video, or any combination of these, made available to User, shall be in such format and have such file extensions (such as .docx, .zip, .pdf, .jpeg, .png, .flv, .mp3, mp4, etc.) as Vtex.AI may choose to publish in. User shall be required to have the content consumption software with corresponding file format and file extension readability and compatibility installed upon his device and with appropriate software settings, through which User chooses to access and read such files, at his own effort and expense. User shall not blame or hold responsible Vtex.AI for being unable to access and read the files after they have been made available to him on account of his own failure to install the content consumption software in order to become able to use such downloadable materials, or for being unable to install such content consumption software due to unavailability of such content consumption software in his region or on his device, or due to legal, financial, technical or other reasons. User shall also not blame or hold responsible Vtex.AI when the performance of such content consumption software is poor or not as intended, for unavailability of certain features in such content consumption software, malfunction or for corruption of the downloadable materials during or as a consequence of accessing such downloadable materials through such content consumption software.
User shall also note that when he chooses to install such content consumption software on his device for using the downloadable materials, he shall be bound by the software license agreement/EULA (end user license agreement) relating to such content consumption software published by the third party who provides such content consumption software. User is hereby informed that such a software license agreement/EULA will be binding upon the User and such third party and Vtex.AI shall neither be a party to such software license agreement/EULA nor have any role to play in connection with it. For instance, when User downloads from the Site, a file created using the Microsoft Powerpoint® application having ".ppt" as the file extension, User shall keep a compatible version of Microsoft Powerpoint® application with necessary readability and appropriate settings installed on his device for accessing and reading such a file. The use of the Microsoft Powerpoint® application shall bind the User to the terms and conditions of the software license agreement/EULA applicable to the Microsoft Powerpoint® application published by Microsoft®, as updated from time to time.
(a) Non-waiver, non-relinquishment and non-discharge: Any failure by Vtex.AI to give effect to any provision of this User Agreement, to assert or exercise any right, or to seek fulfilment of any obligation by User, for any reason whatsoever, shall not be deemed to be a waiver of such provision, relinquishment of such right or discharge of such obligation, as the case may be. In case, Vtex.AI chooses to waive any provision of this User Agreement in a specific case, it shall not be concluded that Vtex.AI has issued a waiver with regard to that provision in general and shall not be applicable as an excuse or defence in the case of other users.
(b) Severability: In case any provision of this User Agreement or a part thereof, is found or declared to be in contravention of applicable law, void or unenforceable, such provision or part thereof shall, only to that extent and without prejudice to the remaining provisions contained herein, be deemed severable from the rest of the legal sub-document and the User Agreement shall thereafter be given effect as if the impugned provision or part thereof never existed. Any provision or part thereof, found or declared to be in contravention with applicable law, void or unenforceable in one jurisdiction, shall not, ipso facto prejudice the applicability or interpretation of such provision or part thereof in another jurisdiction. Vtex.AI reserves the right to update any provision or part thereof contained herein, in case such provision or part cannot be given the intended or desired effect, within a certain jurisdiction, for any reason whatsoever, and thereafter, such updated provision or part, as the case may be, shall become a part of this User Agreement substituting the previous provision or part, in the same jurisdiction, without prejudice to the applicability of this User Agreement in other jurisdictions.
(c) Governing law and jurisdiction: All disputes and legal proceedings between and/or involving User, Vtex.AI and any third party, including but not limited to, copyright owners or those claiming to be such copyright owners, affiliates and business partners, taking over companies, entities within business network, governments of U.S., India, or any country or any international agency or organisation, with regard to and in connection with any matter of dispute or cause of action pertaining to or arising out of this User Agreement or pertaining to or arising out of any representation, claim or warranty made in connection with this User Agreement or as an inducement to agree thereto, shall be subject to the laws of state of Maharashtra and of India, including their statute of limitations, without reference to (i) any conflict of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties; (ii) the United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws, and such disputes and legal proceedings shall be subject to the jurisdiction of courts of Pune district situated within the state of Maharashtra in India. Any action or other judicial proceeding for the enforcement of the provisions of this User Agreement shall be instituted only in the courts of the Pune district situated within the state of Maharashtra in India.
(d) Indemnification: User agrees to indemnify and exclude Vtex.AI, its Board of Directors as a group, individual directors, employees, third party affiliates including sponsors and agents from and against any third party claims, demands, losses, damages, expenses (including reasonable lawyer fees), legal proceedings and any legal actions, arising during or as a consequence of (i) User's use of Site and Site Services; (ii) User's breach of any provisions of this User Agreement; and (iii) User's violation of any third party rights in connection with use of Site and Site Services.
(e) Compliance with legal procedures: Vtex.AI shall be bound to comply with the applicable laws in the jurisdiction of User and in consequence thereof, shall be also bound to comply with any requirements or legal procedures by the law-enforcement officials of the police, tax authorities, military or the like, government, judiciary, quasi-judicial authorities, municipal bodies and other institutions of public governance upon being called upon to furnish details relating to User or to assist in any investigation. User hereby agrees to indemnify Vtex.AI, its affiliates, contractors and agents from any claims, losses incurred, liability arisen or disclosure of User's information (including all types of information) during or as a consequence of acting in or fulfilling compliance with such requirements or legal procedures by Vtex.AI.
(f) Nature of relationship between the parties hereto: The nature of relationship between the User and Vtex.AI shall be that between customer and goods and services provider wherein User is the customer (recipient) and Vtex.AI is the goods and services provider (supplier). Nothing contained herein shall be construed as establishing, by virtue of this User Agreement, any kind of employment, partnership, joint venture, principal-agent relationship, contractor or sub-contractor relationship, share-holder, or any other relationship between the parties hereto. Save as provided in any separate agreement in this behalf entered into by User and Vtex.AI and subject to the provision relating to (22)(b) User Testimonials, none of the parties shall assume the right to make any statement, representation, warranty or commitment of any kind or perform any act/omission, that may bind the other party, on behalf of such other party, whether personally or through another person. Any such statement, representation, warranty or commitment or act/omission shall have no effect unless subsequently ratified by such other party on whose behalf, such statement, representation, warranty or commitment was issued or act/omission was performed.
(g) User Agreement to be executed in good faith: This User Agreement is a general user agreement drafted for users belonging to various countries and jurisdictions. Any interpretation of provisions contained herein may vary as per legal principles and theories prevalent in individual jurisdictions, applicable laws, precedents, customs and well-settled principles of law specific to each individual jurisdiction. To limit such varying interpretations which may deviate from the original intent of entering into the agreement, both parties hereby agree and undertake that all acts/omissions performed, rights exercised and obligations and responsibilities discharged in fulfillment of this User Agreement shall be so performed, exercised or discharged in bona fide and both parties hereto agree to interpret, acknowledge and execute this User Agreement ex legibus and keeping in mind the true intention of entering into this User Agreement.
(h) Integrality: This User Agreement is the ultimate, integral and exclusive agreement between the User and Vtex.AI, in relation to any matter relating to the Site and Site Services and matters connected therewith. Subject to any separate agreement in this behalf entered into by and between User and Vtex.AI, the provisions contained wherein expressly declare that such separate agreement (whether in whole or part) takes precedence over this User Agreement, this User Agreement alone shall constitute the sole and entire agreement between User and Vtex.AI in connection with the matters contained herein and shall supersede all prior and contemporaneous understandings, agreements, representations and warranties, whether written or oral, between the parties hereto, in connection with the matters contained herein.
(i) Miscellaneous: Without written consent from Vtex.AI, User cannot, for any cause or reason whatsoever, transfer the rights and obligations stated in this Agreement to any person, either a natural person or association of persons or any entity recognised by law. Any behaviour or activity violating the provision about such a transfer attempt is invalid.
The information provided in our content regarding third-party companies, their products, and features is intended for informational purposes only. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness, reliability, or suitability for any particular purpose.
Limitations of Liability: We expressly disclaim any liability for errors or omissions in the information provided. Users are advised that company offerings, specifications, and features may change without notice, and we may not have verified all such information against the latest updates or releases from the respective companies. Consequently, we cannot be held responsible for any actions taken based on the information presented, including but not limited to decisions regarding the purchase or use of third-party products.
Encouragement for Independent Verification: We strongly encourage users to independently verify any claims or details regarding third-party products and features prior to making any decisions based on such information. The use of any information provided on our platform is solely at your own risk.
By accessing and using our content, you acknowledge and agree to this disclaimer in its entirety.
This User Agreement shall also apply to any revised version of the Site or updates or other changes of the Site Services. Vtex.AI reserves the right to modify, maintain and suspend the Site and Site Services without notification from time to time. User agrees that Vtex.AI shall not be liable for changing, reserving or suspending the Site and Site Services, or for any actions initiated or continued by other third parties.
Support@Vtex.AI
Vtex.AI shall review this User Agreement periodically and considering the changes in business practices, market trends, economy, technology, law, governmental policies, social and political outlook, or in pursuance of agreements entered into with third party affiliates, or changes thereto, in the future, may choose to update this User Agreement. Vtex.AI may also choose to update this User Agreement in response to customer feedback or in consideration of needs of its users. In case during such process of updation, Vtex.AI makes a substantial change to this User Agreement, it may notify User through his registered contact information such as email or may publish on the Site or may send a notification via mobile devices in order that User may learn about how such changes affect him or his interests. Vtex.AI shall ensure from its end that such notifications are addressed and sent properly to User. However, in case of delay or failure to deliver the notification due to technical or other issues beyond its control, User shall not hold Vtex.AI responsible for such delay or failure. Such updates to User Agreement shall apply from the effective date specified in the notice or upon the Site.
Vtex.AI recommends and urges all its users to check the Vtex.AI web site home page regularly for making themselves aware of the latest information regarding cookies. User's continued access to the Site and use of the Site Services subsequent to bringing such updates into effect shall be deemed as a grant of consent to the updated User Agreement.
In case User does not wish to consent to this User Agreement or any future updates thereof, he may choose to not access or discontinue his access to the Site and Site Services at any time. Such a discontinuation shall not affect any liability, loss, harm, damage or burden incurred due to any act/omission of User prior to the date of such discontinuation and such act/omission of User shall continue to remain subject to the User Agreement in force thereat.
This User Agreement, including any future updates thereof, is the authentic legal English version and shall be the primary version for all purposes, official or legal. Any version of this User Agreement (current or archived), or any simplified version thereof, provided in English or in a language other than English (whether using Latin script or otherwise) is only for the purpose of convenience of User. In the event of any inconsistency or conflict between provisions or lack of clarity with regards to interpretation with any other version of this User Agreement, this authentic legal English version solely shall prevail.
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