Terms of Service

Sebretail India Private Limited (operating the MarCat brand) Last updated: 9 June 2026

These Terms of Service ("Terms") form a binding agreement between Sebretail India Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at Shop G.F-06, Prahladnagar, B/H Titanium City Center, Jivraj Park, Ahmadabad City, Ahmedabad - 380051, Gujarat, India ("Sebretail", "we", "us", "our"), and the person or entity that registers for or uses the MarCat services ("Retailer", "you", "your").

By creating an account, signing in, installing one of our applications, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use the Service.

1. The Service

"Service" means the MarCat suite of business software, including (a) the MarCat Retailer Portal accessible at app.marcat.in and as the MarCat Retailer Android application (package in.marcat.retailer); (b) the consumer Shop experience accessible at app.marcat.in/shop/… and as the MarCat Android application (package in.marcat.app); (c) the MarCat Brand Intelligence Portal, Leotor Supplier Portal, Salesman SFA application, and Admin tooling; (d) WhatsApp Business messaging delivered through MarCat infrastructure on behalf of Retailers who have connected a WhatsApp Business Account; and (e) supporting documentation and customer support.

Sebretail may add, modify, or discontinue features of the Service from time to time. Material changes that adversely affect a paying Retailer will be notified in advance under Section 16.

2. Definitions

End-Customer: an individual who transacts with the Retailer, including walk-in shoppers at the Retailer's point of sale, online customers placing orders through the Retailer's MarCat-hosted storefront, and recipients of the Retailer's WhatsApp messages.
Retailer Data: data submitted by the Retailer to the Service or generated on the Retailer's behalf through the Retailer's use of the Service, including but not limited to product catalogs, inventory records, bills, customer records, and message content.
Subscription: a paid plan for the Service as described on marcat.in or the MarCat Retailer Portal at the time of purchase.
Billing Cycle: the period (monthly, quarterly, or annual, as applicable) over which a Subscription fee accrues.
POS Slot: a license entitlement to use the Service on one point-of-sale workstation. Subscriptions are sold in POS Slot units as described on marcat.in.

3. Eligibility and account

You may use the Service only if (a) you are at least 18 years of age and capable of forming a binding contract under applicable law; (b) you are a business operating lawfully under Indian law, holding any registrations and licences required for your line of trade (including, where applicable, GST registration, FSSAI licence, and shop and establishment registration); and (c) you are not barred from using the Service under the laws of India or any other jurisdiction applicable to you.

You agree to provide accurate and complete information at registration and to keep it current. You are responsible for maintaining the confidentiality of your account credentials and for all activity on your account. Notify us immediately at legal@marcat.in if you suspect unauthorised access.

4. Licence grant

Subject to your compliance with these Terms and payment of all applicable fees, Sebretail grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence during the term of your Subscription to access and use the Service for your own internal business operations as a retailer.

The licence is per Retailer business entity. Each point-of-sale workstation that connects to the Service consumes one POS Slot from your Subscription, as configured on your account.

You may not (a) reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law; (b) lease, sublicense, distribute, or otherwise make the Service available to any third party except your authorised personnel; (c) remove or obscure any proprietary notices in the Service; (d) use the Service to develop a product or service that competes with the Service; or (e) circumvent any technical limit, quota, or access control in the Service.

5. Subscriptions, fees, and taxes

Fees for paid Subscriptions are published on marcat.in or quoted to you at the time of purchase. All fees are stated in Indian Rupees and are exclusive of goods and services tax ("GST") and any other applicable taxes, which will be added to your invoice and paid by you at the prevailing statutory rate.

Subscriptions auto-renew at the end of each Billing Cycle at the then-current fee for the same plan, unless cancelled under Section 6. Sebretail may revise published fees from time to time; any revision will apply to your next renewal, not your current cycle, and Sebretail will notify you at least 30 days in advance.

Sebretail will issue a GST-compliant tax invoice for each payment. You are responsible for any withholding tax obligations under Indian law applicable to your payments to Sebretail.

6. Payment, cancellation, and refunds

Payments for Subscriptions are processed by Razorpay Software Private Limited acting as Sebretail's payment processor. By providing payment instructions on Razorpay, you authorise Sebretail (through Razorpay) to charge the relevant amount on each renewal date until you cancel.

You may cancel your Subscription at any time from the MarCat Retailer Portal account settings, or by writing to billing@marcat.in from your registered email address. On cancellation:

Your Subscription remains active and you retain access to paid features through the end of the Billing Cycle for which payment has already been made.
No further charges will be made after cancellation.
No refunds, full or pro-rata, are payable for any unused portion of the Billing Cycle. This no-refund rule applies regardless of the reason for cancellation, except where a refund is required by applicable law.

If a payment fails or is reversed, Sebretail may retry collection up to three times over a seven-day period, after which the Subscription will be downgraded to the free tier until a successful payment is made. Sebretail may suspend or terminate access to paid features during this grace period in accordance with Section 15. Where a chargeback or payment dispute is raised in respect of any charge under your Subscription, you authorise Sebretail to cooperate with Razorpay's standard dispute-resolution process and to furnish reasonable evidence of the underlying transaction.

7. Acceptable use

You will use the Service only for lawful business purposes consistent with these Terms. You will not, and will not permit any person under your control to:

Use the Service to sell, distribute, or facilitate any product or service that is illegal under Indian law or for which you do not hold the required licence;
Use the Service or any messaging functionality (including WhatsApp messaging delivered through MarCat) to send unsolicited communications, deceptive content, or content that violates the Information Technology Act, 2000 or the Consumer Protection Act, 2019;
Upload to the Service any content that infringes the intellectual property, privacy, or publicity rights of any third party;
Attempt to gain unauthorised access to any part of the Service, to any account other than your own, or to any infrastructure operated by Sebretail or any third-party provider listed in our Privacy Policy;
Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure;
Interfere with or disrupt the Service or any servers or networks connected to it, including by sending automated traffic exceeding documented rate limits, or by attempting to overload, flood, mailbomb, or crash any part of the Service;
Use the Service in any manner that could damage, disable, overburden, or impair Sebretail's infrastructure or interfere with another Retailer's use and enjoyment of the Service;
Share your account credentials with any person other than your authorised personnel, or permit more than one individual to use the same login at the same time except as expressly permitted by your Subscription plan;
Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our prior written permission, other than the use of public APIs documented by Sebretail; or
Benchmark or measure the Service for publication, or use the Service in any way intended to support the development of a product or service that competes with the Service, without our prior written consent.

Violation of this Section may result in immediate suspension or termination under Section 15.

8. Retailer responsibilities for End-Customer personal data

You acknowledge that, with respect to personal data of your End-Customers collected or processed through the Service, you act as the Data Fiduciary under India's Digital Personal Data Protection Act, 2023 ("DPDP Act") and Sebretail acts as Data Processor on your documented instructions, as also described in our Privacy Policy.

You represent and warrant that:

You have obtained all consents and notices required under the DPDP Act and other applicable laws before collecting any End-Customer's personal data through the Service;
You have an applicable lawful basis for any subsequent processing of End-Customer personal data through MarCat features, including WhatsApp campaigns, loyalty programmes, and reporting;
You will respond to data principal requests (access, correction, erasure, withdrawal of consent, nomination, grievance) made by your End-Customers within the timeframes prescribed by the DPDP Act, and Sebretail will support you as your Processor to the extent necessary;
You will not instruct Sebretail to process End-Customer personal data in a manner that violates the DPDP Act or any other applicable law;
You will notify Sebretail without undue delay of any actual or suspected personal data breach affecting End-Customer data that you become aware of, so that Sebretail can fulfil its Processor obligations in cooperation with you.

You will indemnify and hold harmless Sebretail under Section 14 for any claim arising from your failure to comply with these obligations.

9. WhatsApp Business Platform — additional terms

If you connect a WhatsApp Business Account ("WABA") to the Service, you additionally agree to the following:

You must comply with Meta's WhatsApp Business Policy, WhatsApp Business Messaging Policy, and all other policies issued by Meta from time to time. Sebretail acts as a Meta Tech Provider for the purpose of helping you operate your WABA — Sebretail is not Meta, and Sebretail's permission to send on your behalf does not relieve you of your direct contractual relationship with Meta.
You are solely responsible for obtaining valid opt-in from each End-Customer before sending them WhatsApp messages from your WABA, in accordance with WhatsApp's opt-in requirements and the DPDP Act.
You are solely responsible for the content of WhatsApp messages sent from your WABA through the Service. Sebretail does not pre-moderate message content.
WhatsApp template approvals, account quality ratings, messaging tier limits, and conversation pricing are determined by Meta. Sebretail has no control over these and is not liable for their effect on your campaigns.
If Meta suspends, restricts, or terminates your WABA, Sebretail's ability to send on your behalf will be paused or terminated accordingly. Sebretail will not be liable to you for the consequences of such Meta action.
WhatsApp conversation charges levied by Meta on your WABA are between you and Meta. Sebretail may, in the future, offer a separate paid feature that includes pass-through WhatsApp messaging charges as described on marcat.in at that time.

10. Intellectual property

Sebretail and its licensors own all rights, title, and interest in and to the Service, including all software, designs, documentation, trademarks, and brand assets (including "MarCat", "Pantrix", "Leotor"). Nothing in these Terms transfers any such right to you except for the limited licence granted under Section 4.

You retain all rights in your Retailer Data. You grant Sebretail a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display, and otherwise use Retailer Data solely to provide and improve the Service, to comply with legal obligations, and to produce anonymised, aggregated analytics that do not identify you or any End-Customer.

If you submit any feedback, suggestion, or idea to Sebretail, you grant Sebretail a perpetual, irrevocable, royalty-free licence to use it without restriction or compensation.

11. Confidentiality

Each party will protect the other party's Confidential Information ("Confidential Information" being non-public information disclosed under these Terms that a reasonable person would understand to be confidential, including in Sebretail's case the non-public features and pricing of the Service, and in your case Retailer Data and your commercial information) using at least the same degree of care it uses to protect its own information of like nature, and no less than a reasonable degree of care. Confidential Information may be used only to perform under these Terms and disclosed only to personnel and contractors who need access and are bound by equivalent confidentiality obligations.

Confidential Information does not include information that is or becomes publicly available without breach, was rightfully known before disclosure, is independently developed without reference to the Confidential Information, or is rightfully received from a third party without restriction.

A party may disclose Confidential Information if required by law, provided that, where legally permitted, it gives the other party prompt notice and reasonable opportunity to object.

12. Warranties and disclaimers

Sebretail warrants that it will provide the Service in a professional manner and in accordance with industry-standard practices for similar services. Sebretail's sole obligation, and your sole remedy, for breach of this warranty is for Sebretail to use commercially reasonable efforts to correct the non-conforming Service; if Sebretail cannot do so within a reasonable period, you may terminate the affected Subscription and receive a refund of fees prepaid for the unused portion of that Subscription.

Except as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Sebretail disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. Sebretail does not warrant that the Service will be uninterrupted, error-free, or completely secure, or that the Service will meet all your requirements.

13. Limitation of liability

To the maximum extent permitted by applicable law:

Neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or data, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Sebretail's total aggregate liability under or in connection with these Terms, regardless of the form of action (contract, tort, statute, or otherwise), will not exceed the lesser of (a) the fees paid by you to Sebretail under the affected Subscription in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) Indian Rupees One Lakh (₹1,00,000).

The limitations in this Section 13 do not apply to (i) either party's indemnification obligations under Section 14; (ii) your obligation to pay fees due under Section 5; (iii) breaches of Section 7 (Acceptable Use) by you; (iv) infringement by either party of the other's intellectual property rights; or (v) liability that cannot be limited or excluded under applicable law (including, where applicable, liability for gross negligence, wilful misconduct, or fraud).

14. Indemnification

By Sebretail. Sebretail will defend you against any third-party claim alleging that the Service, when used in accordance with these Terms, infringes the intellectual property rights of that third party, and will indemnify you against amounts finally awarded by a court of competent jurisdiction or paid in settlement approved in writing by Sebretail. Sebretail's obligation under this paragraph does not apply to any claim arising from (a) Retailer Data, (b) your use of the Service in violation of these Terms, (c) combination of the Service with anything not provided by Sebretail, or (d) any modification of the Service not made by Sebretail.

By the Retailer. You will defend Sebretail against any third-party claim arising from (i) Retailer Data or your acts or omissions in collecting, using, sharing, or storing it; (ii) your violation of Section 7 (Acceptable Use), Section 8 (End-Customer Data), or Section 9 (WhatsApp); (iii) your violation of any law; or (iv) any complaint, regulatory action, or proceeding brought by or on behalf of an End-Customer of yours, and will indemnify Sebretail against amounts finally awarded or paid in settlement.

The indemnified party must give the indemnifying party prompt written notice of the claim, reasonable cooperation in the defence, and sole control over defence and settlement (provided no settlement requires the indemnified party to admit liability or pay money without consent).

15. Suspension and termination

For convenience. Either party may terminate the Subscription at any time as described in Section 6.

For cause. Either party may terminate these Terms immediately by written notice if the other party (a) commits a material breach and fails to cure it within fifteen (15) days of written notice; (b) becomes insolvent, makes a general assignment for the benefit of creditors, or is the subject of bankruptcy, liquidation, or similar proceedings; or (c) ceases to do business.

Suspension by Sebretail. Sebretail may suspend your access to all or part of the Service immediately if Sebretail reasonably believes that your continued use poses a security risk, may cause harm to Sebretail, other Retailers, or any third party, or violates applicable law or Section 7 of these Terms. Sebretail will use reasonable efforts to notify you and to limit suspension to the affected feature where practical.

Effect of termination. On termination, your right to use the Service ends immediately. You will pay all fees accrued to the effective date of termination. Sebretail will, on your written request within 30 days of termination, make Retailer Data available to you for export in a structured, machine-readable format. After this 30-day period, Sebretail may delete Retailer Data, except where retention is required under applicable law or is necessary for tax records as described in our Privacy Policy.

Sections 5 (in respect of fees accrued before termination), 6 (no-refund rule), 10, 11, 13, 14, the "Effect of termination" paragraph of this Section 15, 16, 18, and 19 survive termination.

16. Modifications to these Terms

Sebretail may modify these Terms from time to time. The "Last updated" date at the top of these Terms reflects the current version. Sebretail will notify you of material changes at least 30 days before they take effect, either by email to your registered account contact or by an in-app notice. By continuing to use the Service after the effective date of a change, you accept the updated Terms. If you do not accept a material change, you may cancel your Subscription under Section 6 before the effective date. Notwithstanding the no-refund rule in Section 6, if you cancel solely because of a material change that adversely affects you, Sebretail will refund the pro-rata portion of any fees prepaid for the Billing Cycle in which the change is to take effect.

17. Notices

Notices to Sebretail must be in writing and sent to legal@marcat.in, or by registered post to Sebretail's registered office address shown at the top of these Terms. Notices to you may be sent to the email address registered with your MarCat account, by in-app notification, or by post to any address you have provided to Sebretail. Notices are deemed received on the day of email transmission (subject to no bounce or non-delivery report) or three business days after dispatch by registered post.

18. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject only to either party's right to seek interim or injunctive relief from any competent court, the parties submit to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat for any dispute arising out of or in connection with these Terms.

19. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy at marcat.in/legal/privacy and any plan or order documents referenced on marcat.in, constitute the entire agreement between the parties on their subject matter and supersede all prior or contemporaneous communications, proposals, and representations.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be enforced to the maximum extent permitted by law.
No waiver. A party's failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms without Sebretail's prior written consent, except to a successor in a merger, acquisition, or sale of substantially all of your assets, provided the successor assumes all your obligations in writing. Sebretail may assign these Terms without restriction.
Force majeure. Neither party is liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, government action, war, terrorism, civil unrest, labour disputes, pandemics, internet or telecommunications outages, and failures of upstream providers including Meta, Razorpay, Supabase, Vercel, Google, and Anthropic.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
Language. These Terms are entered into in the English language, which is the binding version. Any translation is for convenience only.

20. Contact

For any question about these Terms, write to legal@marcat.in.