These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Bizzfly (“Bizzfly,” “we,” “us,” or “our”), concerning your access to and use of the https://bizzfly.com website as well as any other media form, media channel, or application related, linked, or otherwise connected thereto (collectively, the “Site”), and our digital marketing, website development, AI automation, and related business technology services (collectively, the “Services”).
By accessing the Site or engaging our Services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site or Services and you must discontinue use immediately.
OUR SERVICES
Bizzfly provides digital marketing, website design and development, search engine optimization, online branding, e-commerce solutions, mobile application development, AI-powered automation, and related business technology services (the “Services”). The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal, statement of work, invoice, or service agreement (a “Service Agreement”) agreed between Bizzfly and the client. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will govern with respect to that engagement.
The information provided when using the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in the Site and our Services, including the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and are owned or controlled by us or licensed to us.
Client deliverables
Unless otherwise agreed in writing in a Service Agreement, upon full payment for a completed deliverable (such as a website, marketing asset, or piece of content created specifically for the client), Bizzfly assigns to the client the rights in that final deliverable necessary for the client’s intended use, excluding any pre-existing tools, templates, frameworks, code libraries, or methodologies owned by Bizzfly or licensed from third parties, which Bizzfly retains the right to reuse in other engagements.
You are granted a limited, non-exclusive, non-transferable, revocable license to access the Site solely for your personal or internal business use, subject to these Terms.
USER REPRESENTATIONS
By using the Site or Services, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete
- You have the legal capacity and authority to agree to these Terms
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site or Services through automated or non-human means, except as authorized by us
- You will not use the Site or Services for any illegal or unauthorized purpose
- Your use of the Site or Services will not violate any applicable law or regulation
FEES, PAYMENT, AND REFUNDS
Fees for our Services will be set out in the applicable Service Agreement, quote, or invoice. Unless otherwise stated, payment is due in accordance with the schedule specified in the Service Agreement. We may suspend or terminate the provision of Services for non-payment.
All fees are exclusive of applicable taxes unless stated otherwise. Except as expressly set out in a Service Agreement or as required by applicable law, fees paid for Services already rendered are non-refundable. Any refund requests will be evaluated on a case-by-case basis in accordance with the terms of the relevant Service Agreement.
CLIENT RESPONSIBILITIES
Where you engage us for Services, you agree to:
- Provide accurate, complete, and timely information, content, access, and approvals reasonably required for us to perform the Services
- Obtain and maintain any third-party licenses, accounts, or permissions necessary for us to carry out the Services (e.g., hosting, domain, advertising platform, or software accounts)
- Review and approve deliverables within a reasonable time
- Ensure that any content, materials, or instructions you provide to us do not infringe the intellectual property, privacy, or other rights of any third party
Delays caused by your failure to provide required information, content, or approvals may result in corresponding delays to project timelines, for which we are not responsible.
THIRD-PARTY SERVICES AND PLATFORMS
Our Services may involve the use of third-party platforms, tools, advertising networks, hosting providers, payment processors, or AI-powered tools. We are not responsible for the acts, omissions, availability, or policies of any third-party platform or service provider, and your use of such third-party services may be subject to separate terms and fees imposed by that third party.
PROHIBITED ACTIVITIES
You may not access or use the Site or Services for any purpose other than that for which we make them available. Prohibited activities include, without limitation:
- Systematically retrieving data to create a collection, compilation, database, or directory without our written permission
- Circumventing, disabling, or otherwise interfering with security-related features of the Site or Services
- Using the Services to transmit spam, chain letters, or other unsolicited communications
- Uploading or transmitting viruses, malware, or other malicious code
- Engaging in unauthorized framing of or linking to the Site
- Using any information obtained from the Site to harass, abuse, or harm another person
- Using the Services in any manner that could disable, overburden, damage, or impair the Site
TERM AND TERMINATION
These Terms remain in effect while you use the Site or Services. Either party may terminate a Service Agreement in accordance with its terms. We reserve the right to deny access to and use of the Site or Services (including blocking certain IP addresses), without notice or liability, to any person for any reason, including breach of any representation, warranty, or covenant contained in these Terms, or of any applicable law or regulation.
WARRANTY DISCLAIMER
The site and services are provided on an “as-is” and “as-available” basis. By using them, you agree that you do so at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific results such as search rankings, traffic, leads, or sales from our digital marketing or related services, as these outcomes depend on factors beyond our control, including third-party platform algorithms and market conditions.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Bizzfly and its directors, employees, or agents will not be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including loss of profit, revenue, or data, arising from your use of the site or services, even if we have been advised of the possibility of such damages. Our total liability for any claim related to these terms or the services will not exceed the total fees you paid for the services in the six (6) months before the event that gave rise to the claim.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (a) your use of the Site or Services; (b) breach of these Terms; (c) any breach of your representations and warranties; or (d) content or materials you provide to us that infringe the rights of a third party.
CONFIDENTIALITY
Each party agrees to protect the confidential and proprietary information of the other party disclosed in connection with a Service Agreement using the same degree of care it uses to protect its own confidential information of similar nature, and not to disclose such information to third parties except as necessary to perform its obligations, as required by law, or as otherwise agreed in writing.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any Service Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to any dispute resolution or arbitration clause in an applicable Service Agreement, the courts located in Pune, Maharashtra, India shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.
FORCE MAJEURE
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, network or internet outages, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
SEVERABILITY
If any provision of these Terms is held to be illegal, invalid, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site or these Terms at any time or for any reason at our sole discretion without notice. We will update the “Last updated” date accordingly. We cannot guarantee the Site will be available at all times and may experience hardware, software, or other issues, or need to perform maintenance, resulting in interruptions, delays, or errors.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your use of the Site and Services, to understand our practices regarding the collection, use, and disclosure of your personal information.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Bizzfly regarding the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
CONTACT US
In order to resolve a complaint regarding the Site or Services, or to receive further information regarding use of the Site or Services, please contact us at:
Bizzfly
Satara Road, Pune
Maharashtra 411037, India
Email: carebizzfly@gmail.com
Phone: +91 75022 11337