Effective Date: August 16, 2021
The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and eBiz App (“EBizApp,” “we,” “us,” or “our”) governing your use, and EBizApp provision, of the Services (as defined below). By using EBizApp software applications, application programming interfaces, EBizApp including, but not limited to www.eBizAppapp.in,(collectively, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.
You may review the most current version of the Terms at any time on the EBizApp website at https://eBizAppapp.in/terms (“Term Page”). EBizApp reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after the revision date of any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms.
If you elect to enable additional functionality or features made available through the Services (“Additional Features”), you may be presented with additional terms related to the use of such Additional Features (the “Additional Terms”). By using the Additional Features, you agree and accept the Additional Terms. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall govern.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE SERVICES.
- Grant of Limited License
Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, EBizApp hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services to communicate with your end users (“End Users”). All rights not expressly granted to you are reserved by EBizApp and its licensors.
Without explicit permission from EBizApp, you may not:
- use EBizApp trademarks or service marks;
- alter, modify, obscure, or remove EBizApp trademarks from the Services;
- alter, modify, or obscure the Services;
- either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of EBizApp; or
- Either explicitly, implicitly, or through acts of omission, represent youself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of EBizApp.
- End Users
Access to the Services by an End User shall be governed by your End User terms of service (“Your Terms”), provided that you shall be responsible for ensuring that, as between an End User, you and EBizApp: (i) EBizApp will at all times retain ownership of all of its intellectual property (as further described in the Section entitled “EBizApp Intellectual Property Rights” below) and End Users are granted no rights to such intellectual property, (ii) EBizApp makes no direct or implied warranties to End Users, (iii) you shall not make any representation or warranties to End Users with respect to the Service, other than the representation that you have the necessary rights to allow End Users to use the Service, (iv) EBizApp is the direct and intended beneficiary of Your Terms, and (v) EBizApp will not be liable in any way to End Users, either directly or indirectly. As between EBizApp and you, you are responsible for ensuring that End Users do not communicate information in violation of law using the Service, and for advising them against transmitting sensitive information using the Service, including but not limited to health/medical information or personally identifiable information of minors.
EBizApp reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Subscription”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Services, other than on EBizApp income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.
EBizApp reserves the right, in EBizApp sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.
Does eBizApp cost anything?
Though many of our Services are currently chargeable , we reserve the right to change the charges for certain or all Services in the future. You shall pay all applicable fees, as described on the eBizApp website in connection with such Services selected by you. eBizApp reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by Email or Text or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Premium Services. If you choose to sign up for our premium services (the “Premium Services”), you will be charged an annual or monthly subscription fee, depending on the type of subscription you select. The subscription fee for the Premium Services (“Subscription Fee”) will be charged to you in advance as further described below. You may request a refund within three (3) days after we charge your Subscription Fee (including any renewal fees). Otherwise, Subscription Fees are non-refundable.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use our Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Reaffirmation of Authorization. Your non-termination or continued use of a Service reaffirms that we are authorized to charge your Payment Method for that Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Service (or as your payment terms may be amended thereafter).
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft) of if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made by either contacting us at firstname.lastname@example.org or by loign into your account, If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Services under your billing account unless you have terminated your Account / Services as set forth above.
- Modifications to the Services
EBizApp reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. EBizApp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
- Account Restrictions
You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts.
You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by “bots” or other automated methods are in violation of these Terms and will be immediately terminated.
You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”) and provide prompt updates to the Registration Data in the event of any changes.
You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.
You are responsible for maintaining the security of your account and password. EBizApp shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password.
You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service.
If your use of the Services causes undue stress on the Services and the systems running the Services, EBizApp reserves the right to limit or disable your access to the Services without notice.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of EBizApp will result in immediate account termination.
You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.
- Content Restrictions
You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any End User of the Service who is chatting with you.
We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.
EBizApp does not warrant that the Content will be accessible or transferable on the Services either for short term or long term use. To the extent any Content is available for use through the Services, you agree to only use such Content for internal purposes only to address the End User’s needs.
We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will EBizApp be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at email@example.com.
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:
- abuse, harassment, threats, flaming or intimidation of any person or organization
- engaging in or contributing to any illegal activity or activity that violates others’ rights
- use of derogatory, discriminatory or excessively graphic language
providing information that is false, misleading or inaccurate
- hacking or modifying the Services to falsely imply an association with EBizApp
- engaging in or contributing to any activity that maliciously degrades the Services
- implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
- disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you
- transmitting worms, viruses or harmful software
- sending spam, unsolicited mail, junk mail or chain letters
- disclosing personal or proprietary information of another user, End User, person or organization
- altering the Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements
- collecting the content or information belonging to another user, an End User or EBizApp, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission
- soliciting log in information or accessing the account of another user or End User of the Services
- promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to EBizApp
- aiding in the use of the Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to EBizApp
- harassing, annoying, intimidating or threatening users or End Users of the Services or employees or agents of EBizApp
- aiding or engaging in deceptive or predatory practices towards users or End Users of the Service
- removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us
- forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services
- posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights
- posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others
- posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals
- posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner
- posting content that solicits personal information or any information from anyone under the age of 18
- posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property
Grant of License. You represent that you have the authority to and do hereby grant to EBizApp a non-exclusive, irrevocable license to use the Content made available through the Services to the extent necessary to provide the Services (the “Content License”). Such Content License includes, without limitation, the right to reproduce, compress, transfer, and distribute the Content internally and with third party service providers to the extent necessary to enable transmission of and access to the Content through the Service.
- EBizApp Intellectual Property Rights
The Services are protected by copyright, and other laws of the India. Except as expressly provided in the Terms, EBizApp, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the Services.
EBizApp always appreciates your feedback or other suggestions about EBizApp, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.
All trademarks, service marks, logos, trade names and any other proprietary designations of EBizApp used herein are trademarks or registered trademarks of EBizApp. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Our designated agent to receive notifications of claimed infringement can be reached as follows
- Third-party services
As part of your enjoyment of the Services, subject to these Terms, you may grant a third party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent.
From time to time, separate applications or services that integrate or interoperate with the EBizApp Services (collectively, “Add-ons”) may become available, either directly from EBizApp or independently. If you choose to install, access or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant EBizApp permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under these Terms.
- 100% Service Guarantee
We will respond to your support inquiries within one to three business day (depending upon the traffic) and we will ensure the Services have minmum unexpected downtime. If you do not believe we met this service level on any day during the period of your paid subscription, notify us by emailing support@eBizAppapp.com within 30 days of the issue and we will credit your subscription back for that day.
EBizApp may terminate your account without notice in the event that you breach any of these Terms. Your termination will take effect immediately and you will not be charged again. In the event of any termination, EBizApp will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. EBizApp reserves the right to refuse service to anyone for any reason at any time.
- Refunds & Cancellation
EBizApp is not obligated and will not provide refunds or credits for partial months or years of the Services, upgrades or downgrades or cancellation or unused time during your subscription.
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of EBizApp) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
Contact us firstname.lastname@example.org our agent will get in touch with you and as per the scenario will inform you the refund process.
- Warranty Disclaimers
You expressly understand and agree that:
Other than as expressly set in these Terms, EBizApp makes no warranty that (i) the Services will meet your requirements or expectations, (ii) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Services will be corrected, or (iv) that the Services or any server through which you access the Services are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the use of the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from EBizApp or through or from the Services shall create any warranty not expressly stated in these terms.
- Limitation of Liability
You expressly understand and agree that EBizApp and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EBizApp has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall EBizApp or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Please note that downgrading your account may result in the loss of content, features, or capacity of your account. EBizApp does not accept any liability for any such losses.
You agree to defend, indemnify and hold harmless EBizApp, its officers, directors, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Services, including but not limited to any breach by you of these Terms, any claims arising from the content you submit, post, transmit or make available through the Services, and any misuse of the Services or claims against EBizApp by an End User.
You may not use the Services to solicit, interfere with, or endeavour to entice away from EBizApp any EBizApp customer, user, or subscriber.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of EBizApp or by acting as an agent contracted by a third party to act on its behalf.
If you are interested in becoming a EBizApp partner, reseller, or affiliate, we are happy to talk with you. Interested affiliates, please email team@eBizAppapp.com or talk to us on live chat.
- Governing Law
These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by the laws of the state of Maharashtra India. Any disputes arising under this Agreement shall be heard in the city of Pune Maharashtra India. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within three (3) months after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure
EBizApp shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by EBizApp may be deferred for a period equal to the time of such delay.
- Integration and Severability
These Terms are the entire agreement between you and EBizApp with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and EBizApp with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Assignment of Terms
EBizApp may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. If in case of notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24. Refer & Earn Program
eBiz App Refer and earn program is only limited to eBiz App and the amount added to subscribers account can only be redeemed for renewal of subscription, purchases are done inside the app or to upgrade to a higher package and cannot be used towards the purchases like banner images, logos, company brochure or any other items which are order/ requested by subscribers to be created by Graphic Designers along with the items kept for sale like card designs etc. by Graphic Designers.
25. Headings for Convenience Only
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about the Terms of Service, please contact us at support@eBizAppapp.com. Or Call us on +917499576995