Welcome to Bizwity. We are glad you are here, and we hope you enjoy everything we have to offer.

The following are terms of a legal agreement between you and or the entity you represent (hereinafter “you” or “your” or “customer” or “user”) and Bizwity and or any of its affiliated companies, subsidiaries (hereinafter “We” or “Bizwity” or “Our” or “Us”). These Terms of Use govern your access to and use of this Website, Products, Services, on the website, and or on its sub-domain, and/or the blog.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING, USING, AND OR VISITING THE WEBSITE, MOBILE APPLICATIONS, SOFTWARE, AND DATA FEED, INCLUDING ANY SUBDOMAINS THEREOF AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE AND ANY OF OUR SERVICES.

DESCRIPTION OF SERVICE

We provide cloud software and applications for businesses, including associated offline and mobile applications(“Service” or “Services”). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. 

FREE TRIAL 

If you register for a free trial of a Service, Bizwity will make the applicable Service available to you on a trial basis free of charge until the earlier of 

(i) the end of the free trial period of the applicable Services (unless terminated earlier by you), 

(ii) the start date of the paid subscription period for the applicable Services, or 

(iii) termination by Bizwity in its sole discretion. 

Any data that you enter into the Service and any customizations made to the Service during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, 

(ii) purchase applicable Service upgrades, or 

(iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support, or liability whatsoever.

USE OF WEBSITE/SERVICE

User Signup – You need to sign up for a user account by providing all the required information to access or use the Services. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If any information is untrue, inaccurate, outdated, or incomplete, or if Bizwity suspects that the information is untrue, inaccurate, outdated, or incomplete, Bizwity may terminate your user account and refuse current or future use of any or all of the Services.

Lease & Transfer – The Service and access to the Site are licensed only to the user. User shall not sublicense, transfer, lease, assign, rent, distribute, sell or otherwise dispose of the Service (including any of the materials) on a temporary or permanent basis except with the written and executed consent of Bizwity, which Bizwity may withhold in its sole discretion. Before transferring the Service to an authorized transferee, the transferee shall agree in writing to be bound by all of these Terms and Conditions.

Access – You shall not permit or allow any third party to access or use any Account Access Information to access or use the Service or for any other purpose. You shall not permit multiple users to share a single Account. You are solely responsible for ensuring that the Account Access Information is utilized only by the user. You are solely responsible for any loss, claim damages or other liability whatsoever that may arise from the unauthorized use of any Account Access Information. If any of your Account Access Information is lost or stolen, you must notify Bizwity. Bizwity will take the necessary action.

Bizwity cannot and does not guarantee the security of information transmitted during use of the Service or stored by us. Bizwity shall not be liable to the user or any other person or entity in the event the security or confidentiality of any information is compromised. Bizwity shall have the right, but not the obligation to deactivate any account or delete the user Content which it determines in its sole discretion is or may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, these Terms, and Conditions, or applicable law.

Personal Information – You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all the activities of your user account. You agree to inform us immediately of any unauthorized use of your user account by email to support@bizwity.com or by calling us on any of the numbers listed on the website https://bizwity.com/contact/. We are not responsible for any loss incurred or damage caused to you or any third party due to unauthorized access and or use of your user accounts.

Integrations – Bizwity Services integrate with many third party applications (hereinafter “Third Party Application(s)”). If the User installs or enable applications or services not provided by Bizwity (e.g. Google, gmail, Mailchimp, etc.) for use with the Service, the user acknowledge that Bizwity may allow providers of such applications to access user Content as required for the interoperation of such applications or services with the Service. Bizwity shall not be responsible for any disclosure, modification or deletion of User Content resulting from any such access by any such application or service providers. Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Bizwity is not liable for any Third Party Applications. If the provider of such applications and services ceases to make such applications and services available for interoperation with Bizwity Service, Bizwity may cease providing such access without entitling You to any refund, credit or other compensation. You acknowledge and agree that Bizwity may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Bizwity Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Sample Data – Bizwity may provide sample files, documents, and applications to demonstrate the possibility of using the Services effectively. The information contained in any such sample files, documents, and applications consists of random data. Bizwity makes no warranty, either express or implied, to the accuracy, usefulness, and completeness of the information.

USE SITE RESPONSIBLY 

You agree to use the Site and any Site Content available on the Site in a responsible, respectful, and ethical way. You agree that you will not:

• Take any action to evade or attempt to evade the security and access control provisions of the service such as logging in to an account not assigned to you, and accessing personally identifiable details not owned by you. 
• Testing the security measures of the website/service and/or attempting to identify system vulnerabilities, impersonating any other user of the service or forging any of the header information in any posting, or tampering with the TCP/IP packet header.
• Use the Services in any way that intrudes with or disrupts the integrity, security, or performance of the Services, its components, and the data contained therein.
• Attempt to gain unauthorized access to the Services or its related systems or network.
• Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Bizwity;
• Use the service or any of website/service Content to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret, or other intellectual property rights of others, or violate the privacy or publicity rights of any other person.
• Use the Services to send or store material containing software viruses, worms, or other harmful computer codes, files, scripts, or programs.
• Host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity concerning which you do not have consent or permission from such person or entity.
• Use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
• Harass, stalk, or otherwise subject any other user of the service/website to unwanted and/or inappropriate contact.
• Frame or link to the website or any of website Content, unless Bizwity expressly consents in writing to such linking and/or framing.
• Intentionally expose the website/service to any computer virus or any other program or code intended to disrupt or disable operations of the service/website.
• Use any “deep-link,” “page-scrape,” robot, spider, or other programs, algorithm, methodology, device, or similar manual process to access, copy, monitor, retrieve, or index any portion of the website/service or in any way reproduce or evade the navigational structure or presentation of the website/service, to obtain or attempt to obtain any materials, documents or information through any means;
• Use our Website or its Services in any way for advocating or encouraging violence against any government, organization, group, individual, or property, or providing instruction, information, or assistance in causing or carrying out such violence
• Harvest or otherwise collect information about other users of the website/service.
• Modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the website/service.

You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

You understand that these are examples only and are not intended to be complete or exclusive.

You agree to defend, indemnify and hold harmless Bizwity and its affiliates and its and their officers, directors, predecessors, successors in interest, representatives, suppliers, partners, agents, and employees from and against any liabilities, claims, costs, and expenses, including attorneys’ fees, arising out of, based on or in connection with (a) your use of the website/service, (b) your breach of these Terms, and/or (c) any of Your Content. Bizwity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bizwity under this Section, and you agree to cooperate with bizwity in the defense of these claims.

SERVICE ACCOUNT

When you sign up for an account for your company, you may specify one or more administrators. The administrators will have the right to set up the Services and manage end users in your company account. You are responsible for 

(i) ensuring the confidentiality of your Company account passwords, and

(ii) appointing competent individuals as administrators for managing your companies account, 

You understand that Bizwity is not responsible for account administration and internal management of the Services for you.

You are responsible for taking the necessary steps to ensure that your company does not lose control of the administrator accounts. You may specify a process to follow for recovering the access in the event of such a loss of control of the administrator accounts.

In the absence of any specified administrator account recovery process, Bizwity may provide control of an administrator account to an individual providing proof satisfactory to Bizwity demonstrating authorization to act on behalf of the Company. You agree not to hold Bizwity liable for the consequences of any action taken by Bizwity in good faith in this regard.

FEES

The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. 

At the time of automatic renewal, the subscription fee will be charged to the Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Card. If you do not wish to renew the subscription, you must inform us at least seven days before the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Bizwity to charge the subscription fee to the Card last used by you. 

From time to time, we may change the price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your then-current billing cycle.

In the event any tax such as GST, VAT, sales tax, or the like is chargeable by Bizwity per any local, state, provincial or foreign laws for your subscription to our Services (“Taxes”), Bizwity will invoice you for such Taxes. You agree to pay Bizwity such Taxes in addition to the subscription fees. Bizwity shall provide you with an invoice in the format prescribed by the applicable local, state, provincial, or foreign laws to help you avail the applicable input tax credit for the taxes paid.

PURCHASES

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BIZWITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIZWITY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR NON-INFRINGEMENT. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE SHALL BE AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIZWITY  DOES NOT WARRANT THE USE, RESULTS, OR PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE SERVER(S) THAT MAKE(S) THE SERVICE AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BIZWITY, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

NEITHER Bizwity NOR ANY PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OPERATION OR SUPPORT OF THE SERVICE SHALL BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, PRODUCT LIABILITY OR OTHER CAUSE OF ACTION) TO User OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS REVENUE OR PROFITS, BUSINESS INTERRUPTION FOR ANY REASON, LOSS OF BUSINESS INFORMATION OR DATA, INJURY TO REPUTATION, PERSONAL INJURY (WHETHER PHYSICAL OR MENTAL OR BOTH), GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR VIOLATION OF ANY APPLICABLE PRIVACY LAWS ARISING OUT OF (I) THE USE, MISUSE, OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF Users TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) TERMINATION OF ANY OF User’s ACCOUNTS; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR USE THEREOF, EVEN IF Bizwity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Bizwity’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LESSER OF AMOUNTS PAID BY YOU IF ANY, TO Bizwity DURING THE TWELVE (12) MONTHS before THE FIRST EVENT GIVING RISE TO SUCH LIABILITY OR $100 USD.

INDEMNIFICATION

You will defend, indemnify and hold harmless Bizwity and its subsidiaries, licensors and affiliates (and their respective officers, directors, employees, affiliates, suppliers and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including attorneys fees and cost) arising from or relating to

(i) use or misuse of the Service (including any data or information input into the Service or file or database created thereby), and or any hardware (if applicable) furnished by Bizwity;

(ii) in violations of any provisions of the Agreement;

(iii) any claims that you have used the Services in violation of another party’s rights.

GOVERNING LAW AND JURISDICTION

You agree that the laws prevailing in India shall be the governing laws in all matters relating to Bizwity (subsidiaries, licensors, affiliates, respective officers, directors, employees, affiliates, suppliers, agents) and these terms and conditions.

Courts at Pune, India alone shall have exclusive jurisdiction in all matters relating to Bizwity and these terms and conditions, irrespective of the territory and jurisdiction of your access to Bizwity/Service.

TERMINATION 

Bizwity may, in its sole discretion, terminate, temporarily disable or limit your access to, whole or part of any Service.

Objections to suspension or disabling of user accounts should be made to support@bizwity.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days.

Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

WAIVER & SEVERABILITY

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

CHANGE IN TERMS AND CONDITIONS

Bizwity may amend/modify these terms of use, or any part thereof, and make a change in the features of the Software at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the website, by electronic or conventional mail, or by any other means. You may review the modified terms and conditions periodically to be aware of such modifications. Your continued access or use of Bizwity and or service, shall be deemed conclusive proof of your acceptance of these terms of use, as amended/modified or added from time to time.

ACKNOWLEDGEMENT

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

CONTACT US

If you have any questions, feedback, or concerns regarding this Agreement, please contact us at support@bizwity.com

Last Updated: 01 April,2022