Terms Of Service
EFFECTIVE DATE: DEC 18th, 2023
These Terms of Service contain the terms and conditions
that govern all use of our Platform (as defined below) and Services (as defined
below) and all content, services and/or products available on or through the
Platform (collectively, the “EzzyPages Services”).
These Terms of Service along with EzzyPages Privacy
Policy, incorporated herein, constitute an agreement (“Agreement”) by and
between AppMix Technologies Pvt. Ltd. (“us”, “we”, “our”, “EzzyPages”,
“AppMix” or “Company”) and you, a registering customer (“you”, “your”,
“user(s)”, “Customer(s)”) of any services, applications, widgets, mobile
applications and software made available by AppMix Technologies Pvt. Ltd.
PURPOSE OF AGREEMENT
The EzzyPages Services are made
available to Customer by EzzyPages and are subject to
the following Terms of Service (the "Terms") and
Privacy Policy (“Privacy Policy”). EzzyPages
may also offer other services under different terms of service.
DESCRIPTION OF SERVICE(S)
Our AI Website Creator empowers you to build and customize
your website with ease. You can choose from a variety of templates, customize
layouts, and add content to reflect your unique style and purpose. In addition,
EzzyPages provides Customer with access to an array
of contact management and email marketing features. available via electronic
internet access to manage and enhance internal and external business
relationships (“Service(s)”). Customer may connect to the Services using any
Internet browser. Customer is responsible for obtaining access to the Internet
and the equipment necessary to use the Services. Customer is responsible for
any fees, data charges or surcharges that may be assessed by Customer’s
individual mobile data carrier incurred in connection with Customer’s use of
the Services.
Domain Registration:
Upon using our service, a domain name may be registered for
your website. Please note that the domain will be registered under our company
name. However, you retain full ownership and control of the website content.
LIMITED LICENSE GRANT
EzzyPages hereby grants to
Customer a nonexclusive, nonassignable, nonsublicensable limited license, for Customer’s use only,
for the term of this Agreement, to access and use the Services and any user’s
guides, specifications, and other related documentation available online (the
“Documentation”), subject to the terms and conditions of this Agreement. The
licenses granted herein are conditioned upon timely payment in full, monthly or
annually, for the Services in advance of Customer’s access to, continued use of
or receipt of the Services.
MODIFICATION OF TERMS OF SERVICE
EzzyPages may update, amend,
modify, or supplement the Terms at any time (“Updated Terms”). Updated Terms
will be posted on EzzyPages’s website and EzzyPages will use reasonable efforts to notify Customer of
any Updated Terms. Customer will be provided the option to terminate Customer’s
use of the Services if EzzyPages updates the Terms in
a manner that substantially affect Customer’s rights in connection with use of
the Services. Customer’s continued use of the Services after posting of the
Updated Terms on EzzyPages’s website will be deemed
to be Customer’s agreement to the updated Terms.
CUSTOMER REGISTRATION OBLIGATIONS
In consideration of Customer’s use of the Services, Customer
agrees to: (i) provide true, accurate, current and
complete information about Customer’s self, including but not limited to
contact information, as prompted by the Registration Process (“Registration
Data”) to sign up for a user account (the “EzzyPages
Account”), which may be either a single user Individual Account or a multi user
Team Account; and (ii) maintain and promptly update Customer’s Registration
Data to keep it true, accurate, current and complete. If Customer provides any
information that is untrue, inaccurate, outdated, or incomplete, or if EzzyPages has reasonable grounds to suspect that such
information is untrue, inaccurate, outdated, or incomplete, EzzyPages
has the right to suspend or terminate Customer’s EzzyPages
Account and refuse current or future use of any or all of the Services.
Customer may not use another person’s, entity’s, customer’s, subscriber’s,
company’s, or organization’s account without the express prior written permission
of that party. Customer is solely responsible for maintaining the
confidentiality of Customer’s EzzyPages Account and
password and for restricting access to Customer’s computer and/or mobile
device, and Customer agrees to accept responsibility for all activities that
occur under Customer’s EzzyPages Account username or
password. If Customer has reason to believe that Customer’s EzzyPages
Account is no longer secure, Customer agrees to immediately notify EzzyPages. Customer may be liable for the losses incurred
by EzzyPages or others due to any unauthorized use of
Customer’s EzzyPages Account.
PROHIBITED ACTS & CUSTOMER RESPONSIBILITIES
Customer is responsible for all activities occurring under
Customer’s EzzyPages Account and shall abide by all
applicable local, state, national and foreign laws, treaties and regulations in
connection with Customer’s use of the Services, including those related to data
privacy, international communications and the transmission of technical or
personal data. Customer is solely responsible for Customer’s interactions with
other subscribers to the Services (“Subscribers”). Customer will not use EzzyPages in a manner or in connection with activity that
violates a third party’s rights or intellectual property. EzzyPages
reserves the right, but has no obligation, to monitor disputes between Customer
and other Subscribers. EzzyPages reserves the right
to remove any Customer or Subscriber from the Service without a refund who
violates these Terms of Service, in the sole discretion of EzzyPages.
If Customer resides in a country embargoed by India, Customer agrees Customer
will not engage in commercial activities or operate or develop an application
in connection with or using the Services. If Customer resides outside of the
India, Customer agrees and consents to transmitting their data, content,
Registration Data, Contact Information, and Confidential Information to India
and consents and agrees to such data, content, Registration Data, Contact
Information, and Confidential Information to be stored in India or the
datacenter in United States. Customer will not upload or use in connection with
Services malicious code, malware, viruses, spyware, adware or bots. Customer
will not use, associate or link the Services in connection with a website or
content including any of the following: (i) racial,
ethnic, gender, age, religious, political, or sexual orientation
discrimination; (ii) investment or business opportunities or advice prohibited
by law; (iii) obscenity, profanity, or pornography; (iv) defamatory, abusive or
threatening language, images or content; (v) promotion of illegal substances or
narcotics, gambling, or other criminal conduct; (vi) pirating software or media
(vii) hacking, spoofing, phishing or phreaking. In addition, Customer may not
access the Services for purposes of monitoring its performance or
functionality, or for any other competitive purposes. EzzyPages
shall have no liability for Customer’s interactions with other Subscribers, or
for any other Subscriber’s action or inaction.
TEAM ACCOUNTS
A Team Account shall be defined as two or more Customers
accessing the same EzzyPages Account. Team Accounts
may be purchased by a company or an individual for the purpose of adding
numerous Customers together under one common EzzyPages
Team Account. Customer acknowledges and agrees that all data linked or uploaded
by each Customer to a Team Account is accessible by all Customers who have
access to the same Team Account. Customer acknowledges and agrees that by
updating data, importing data or linking third party sites or applications to a
Team Account, Customer grants access and visibility to such data to each
Customer of such Team Account. Customer acknowledges and agrees that all
contact information, data or content uploaded, including but not limited to
customer lists, email addresses, phone numbers, physical addresses of Customer
or others, imported, or otherwise linked to a EzzyPages
Account (“Contact Information”), is shared with all Customers of such EzzyPages Account, which may be a Team Account. Customer
acknowledges and agrees that linking third party sites, applications or contact
information or data, may share otherwise private communications with other
Customers of such Team Account. If the registered owner (“Administrator”) of
the Team Account deletes a Customer from the common
Team Account, the Team Account database is altered and all communication
associated with such deleted Customer will be removed, however Customer agrees
that imported or linked Contact Information will not be removed from the common
Team Account.
PERSONAL INFORMATION AND PRIVACY
Personal information, including Registration Data, Customer
provides to EzzyPages through the Services is
governed by the Privacy Policy and applicable laws related to
personal information. Customer acknowledges and agrees that EzzyPages
aggregates all Contact Information provided by Customer. Such Contact
Information is downloadable by Customer into a single file. Customer
understands and agrees that within a Team Account all Contact Information
linked to or uploaded to a Team Account is visible and downloadable by any
Customer of the Team Account. Customer’s election to use the Services each time
Customer logs on to Customer’s EzzyPages Account
functions as Customer’s acceptance of the terms of the
then-current Privacy Policy. Customer acknowledges and Customer agrees
that Customer is responsible for maintaining the confidentiality of Customer’s
username, password and all other sensitive, confidential or proprietary
information relating to or used in connection with Customer’s EzzyPages Account. Customer agrees that Customer is
responsible for all activities that occur in Customer’s EzzyPages
Account and Customer agrees to notify EzzyPages
immediately of any unauthorized use of Customer’s EzzyPages
Account. EzzyPages is in no way responsible for any
loss or damage to Customer or to any third party incurred as a result of any
unauthorized access and/or use of Customer’s EzzyPages
Account, or otherwise. Customer hereby represents and warrants to EzzyPages that Customer owns or has all necessary right,
title and interest in and to the use of all information which Customer uses in
connection with Customer’s EzzyPages Account and in
the manner in which such information is being used by Customer, including but
not limited to all Contact Information.
Customer’s Transferred Information shall be hosted and
stored by EzzyPages or its third-party service
providers in the India or United States. In providing the Services, EzzyPages may engage sub-processors to process Transferred
Information, including, without limitation, any associated Personal Information
pursuant to this Agreement within the European Economic Area, India and in
other countries and territories. Under no circumstances will EzzyPages be deemed a data controller with respect to
Transferred Information under the General Data Protection Regulation (EU)
2016/679 (GDPR) or any relevant or replacement law or regulation of any Member
State as defined therein. “Personal Information” means any
Contact Information processed by EzzyPages pursuant
to the Agreement, relating to an identified or identifiable natural person;
where an “identifiable natural person” means an individual who can be
identified, directly or indirectly, in particular by reference to an
identification number or to one or more factors specific to the individual’s
physical, physiological, mental, economic, cultural or social identity.
COMMUNICATIONS FROM EzzyPages
The Services will include certain communications from EzzyPages, such as service announcements, administrative
messages and e-newsletters. Customer understands that these communications sent
to Customer shall be considered part of using the Services. As part of our
commitment to Customer’s privacy, Customer may choose to not receive certain
promotional communications from EzzyPages by updating
notifications preferences within Customer’s EzzyPages
Account.
FEES, PAYMENTS, AND TAXES
Free Service. We offer a free subscription tier
that allows you to explore the basic features of our AI Website Creator. The
free subscription is subject to limitations, and additional premium features
may be available through paid subscription plans. If Customer does not purchase
Premium Services or cancel the EzzyPages Account,
Customer’s EzzyPages Account will be suspended and
will be marked for deletion from EzzyPages servers.
Customer may restore a suspended EzzyPages Account
within sixty (60) calendar days of suspension. If Customer’s EzzyPages Account remains in suspended status for sixty
(60) calendar days, all of Customer’s content and data, including but not
limited to Contact Information, will be deleted from EzzyPages
servers. This information cannot be recovered once deleted.
Premium Services. EzzyPages
reserves the right at any time to assess fees for access, to portions of or in
its entirety, any or all of the Services and to modify such fees. Customer may
review EzzyPages’s current pricing for Premium
Services on the pricing page on its website. Such fees shall not be charged
unless Customer’s agreement to pay such fees is obtained. If Customer purchases
a premium EzzyPages Account that is offered by EzzyPages for a fee or adds additional services which are
not part of the EzzyPages Account (“Premium
Services”) and such transaction is confirmed by Customer, Customer agrees to
pay the applicable fees for the Premium Services (including, without
limitation, periodic fees for upgrades and changes) as they become due plus all
related taxes, if applicable, and hereby authorizes EzzyPages
to assess a monthly or annual recurring automatic payment transaction which
will be assessed to the payment form provided by Customer at the time of
Premium Service registration. Team Accounts will be billed for all Customers
invited to join the Team Account regardless of the response to such invitation,
acceptance or denial. If Customer elects not to pay such fees, EzzyPages shall have the right to cease providing some or
all of such Service to Customer. Customer agrees and acknowledges that EzzyPages’s payment processor, an independent contractor,
stores Customer’s payment information.
NO REFUNDS. EzzyPages
employs a NO REFUNDS policy, regardless of use of the Services. ALL SALES ARE
FINAL. Customer agrees and acknowledges that Customer’s obligation to pay fees
continues through the end of the billing period, monthly or annual, during
which Customer cancels Customer’s Premium Services.
Past Due. If Customer’s EzzyPages
Account is in past due status due to non-payment, EzzyPages
will notify Customer or Administrator of Team Accounts in writing of account’s
past due status. If payment is not received by EzzyPages
within ten (10) calendar days, Customer’s access to Customer’s EzzyPages Account will be restricted. If Customer’s EzzyPages Account remains in past due status for a period
of thirty (30) calendar days, Customer’s EzzyPages
Account will be suspended and will be marked for deletion from EzzyPages servers. Customer may restore a suspended EzzyPages Account within sixty (60) calendar days of
suspension by paying for the past due balance on the EzzyPages
Account. If Customer’s EzzyPages Account remains in
suspended status for sixty (60) calendar days, all of Customer’s content and
data, including but not limited to Contact Information, will be deleted from EzzyPages servers. This information cannot be recovered
once deleted.
Payment Disputes. All payment disputes must be
submitted in writing to EzzyPages at billing@ezzypages.com , within
thirty (30) days of the occurrence of such disputed charge. CUSTOMER WAIVES ALL
CLAIMS ARISING IN CONNECTION TO PAYMENTS CHARGED TO CUSTOMER’S ACCOUNT IF
CUSTOMER FAILS TO FILE A CLAIM WITH EzzyPages IN
WRITING TO BILLING@ezzypages.COM WITHIN THIRTY (30) DAYS OF THE OCCURRENCE OF
SUCH DISPUTED CHARGE.
CANCELING AND TERMINATING EzzyPages
SERVICES
Customer is solely responsible for properly canceling
Customer’s EzzyPages Account with EzzyPages.
A letter, email, or telephone request to cancel Customer’s EzzyPages
Account is not considered a cancellation of Customer’s account with EzzyPages. Customer can cancel Customer’s EzzyPages Account at any time simply by clicking on the Settings >> Settings and select “Delete Account”
within Customer’s EzzyPages Account. Upon
cancellation of a EzzyPages Account, all of
Customer’s content and data, including but not limited to Contact Information,
will be deleted from EzzyPages servers. This
information cannot be recovered once deleted.
RESTRICTION OF USE
In addition to all other terms and conditions of these
Terms, Customer shall not: (i) license, sublicense,
sell, resell, transfer, assign, distribute or otherwise commercially exploit or
make available to any third party the Services in any way; (ii) copy,
distribute, or disclose any part of the Services in any medium; (iii) alter or
modify the Services in any way without the prior written consent of EzzyPages; (iv) reverse engineer, reverse assemble, reverse
compile or otherwise attempt to create the source code from the Services, or
interfere with, or compromise the system integrity or security of, or decipher
any transmissions to or from the servers running the Services; (v) take any
action that imposes, or may impose at our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (vi) upload invalid data,
viruses, worms, Trojan horses, or other harmful or disruptive codes,
components, devices, or software agents through the Services; (vii) impersonate
another person or otherwise misrepresent Customer’s affiliation with a person
or entity, conducts fraud, hide or attempt to hide Customer’s identity, or
misrepresent the source or content of information transmitted through the
Services; (viii) use the Services in any unlawful manner or in any other manner
that could damage, disable, overburden or impair the EzzyPages
website or all or any portion of the Services; (ix) bypass the measures EzzyPages may use to prevent or restrict access to the
Services; (x) use any robot, spider, scraper, script, or other comparable
automated technology to access the Services for any purpose without EzzyPages’s express written permission; (xi) gain
unauthorized access to the Services, its user accounts, computer systems or
networks through unauthorized means such as hacking or password mining; (xii)
collect or harvest any personally identifiable information, including account
names, from the Services without first obtaining the express prior written
permission of such party to use any such personally identifiable information;
(xiii) use third party links to sites without agreeing to their website terms
& conditions; and (xiv) post links to third party sites or use their logo,
company name, etc. in connection with the Services without first obtaining
their express prior written permission. Customer shall: (i)
notify EzzyPages immediately of any unauthorized use
of any password or EzzyPages Account or any other
known or suspected breach of security; (ii) report to EzzyPages
immediately and use reasonable efforts to stop immediately any copying or
distribution of content that is known or suspected by Customer or other
Subscribers to violate these Terms or the intellectual property rights of third
parties; and (iii) not impersonate another Subscriber or provide false identity
information to gain access to or use the Services.
SPAMMING AND ILLEGAL ACTIVITIES
Customer agrees Customer is solely responsible for the
contents of Customer’s transmissions through the Services. Customer agrees not
to use the Services for illegal purposes or for the transmission of material
that is unlawful, harassing, libelous, invasive of another person’s privacy,
abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise
objectionable, contains viruses, or infringes or may infringe the intellectual
property or other proprietary rights of another person. Customer agrees not to
use the Services for the transmission of “junk mail”, “spam”, “chain letters”,
or other unsolicited mass distribution of email or other unauthorized or
unsolicited activity. EzzyPages reserves the right to
terminate Customer’s access to the Services if EzzyPages
believes that Customer has used the Services for any illegal or unauthorized
activity.
DATA OWNERSHIP
We respect Customer’s right to exclusive ownership of
Customer’s published and stored content in the EzzyPages
Account, including but not limited to contact names, tasks, events, messages in
the EzzyPages Account and posted to social networks,
and related content created or stored by Customer and any type of data that
identifies Customer or any specific customer or program, including but not
limited to information about usage, account information, internal team members,
or merchants in conjunction with Customer or Customer’s customers, Contact
Information (the “Confidential Information”). Unless specifically permitted by
Customer, Customer’s use of the Services does not grant EzzyPages
the license to use, reproduce, adapt, modify, publish or distribute the
Confidential Information content created by Customer or stored in Customer’s EzzyPages Account for EzzyPages’s
commercial, marketing or any similar purpose. Customer expressly grants EzzyPages the right to use and analyze aggregate system
activity data associated with use of the Services by Customer and other
subscribers for the purposes of optimizing, improving or enhancing the way the
Services operate, and to create new features and functionality in connection
with the Services in the sole discretion of EzzyPages.
SUBSCRIBER-GENERATED CONTENT
Customer may transmit or publish content created by Customer
using any of the Services or otherwise. However, Customer shall be solely
responsible for such content and the consequences of its transmission or
publication. ANY CONTENT THAT CUSTOMER MAY RECEIVE FROM OTHER
SUBSCRIBERS OF THE SERVICES, IS PROVIDED TO CUSTOMER AS-IS FOR CUSTOMER’S
INFORMATION AND PERSONAL USE ONLY AND CUSTOMER AGREES NOT TO USE, COPY,
REPRODUCE, DISTRIBUTE, TRANSMIT, BROADCAST, DISPLAY, SELL, LICENSE OR OTHERWISE
EXPLOIT SUCH CONTENT FOR ANY PURPOSE, WITHOUT THE EXPRESS WRITTEN CONSENT OF
THE PERSON WHO OWNS THE RIGHTS TO SUCH CONTENT. In the course of using
any of the Services, if Customer comes across any content with copyright
notice(s) or any copy protection feature(s), Customer agrees not to remove such
copyright notice(s) or disable such copy protection feature(s) as the case may
be. By making any copyrighted/copyrightable content available on any of the
Services Customer affirms that Customer has the consent, authorization or
permission, as the case may be from every person who may claim any rights in
such content to make such content available in such manner. Further, by making
any content available in the manner described above, Customer expressly agrees
that EzzyPages shall have the right to immediately
block access to or remove such content made available by Customer, if EzzyPages receives complaints concerning any illegality or
infringement of third party rights in such content. By
using the any of the Services and transmitting or publishing any content using
the Services, Customer hereby expressly and irrevocably consents to
determination of questions of illegality or infringement of third
party rights in such content by the agent designated by EzzyPages for this purpose.
INTELLECTUAL PROPERTY RIGHTS
EzzyPages, both the word and mark,
and the logos are trademarks of EzzyPages. Customer
agrees not to display or use, in any manner, the EzzyPages
trademarks, without EzzyPages’s express prior written
consent. Customer acknowledges and agrees that EzzyPages
is and shall remain the exclusive owner of all right, title and interest in and
to the Services, including without limitation all patent, copyright, trade
secret, trademark and other intellectual property rights therein, including any
optimizations, enhancements, modifications or additional features added from
time to time by EzzyPages, whether in connection with
Customer’s use or feedback or otherwise. Except for the right to use the
Services strictly in accordance with these Terms, as amended or modified from
time to time, no license or conveyance of any such proprietary rights to Customer
is granted or implied under these Terms.
THIRD PARTY INTERACTIONS
During Customer’s use of the Services, Customer may enter
into correspondence with, purchase goods and/or services from, or participate
in promotions of third parties displaying their goods and/or services through
the Services. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between Customer and
the applicable third-party and is governed by any terms, rules, regulations and
policies of such third party. EzzyPages and its
licensors shall have no liability, obligation or responsibility for any such
correspondence, purchase or promotion between Customer and any such
third-party. EzzyPages and its licensors shall not be
responsible for interruptions in service or performance from third parties, or
any interruptions in the Services caused by such third party
services. EzzyPages expressly does not endorse any
sites on the Internet that are linked through the Services, and in no event
shall EzzyPages or its licensors be responsible for
any content, products, or other materials on or available from such third-party
sites. EzzyPages provides the Services to Customer
pursuant to the terms and conditions of these Terms. Customer recognizes,
however, that certain third-party providers of ancillary software, hardware or
services may require Customer’s agreement to additional or different license or
other terms prior to Customer’s use of or access to such software, hardware or
services.
CUSTOMER ACCESS
By agreeing to these Terms, Customer will be provided access
to the Services on the terms and conditions outlined herein from time to time.
If necessary, EzzyPages reserves the right to deny
Customer’s access to the Services from time to time in order to permit EzzyPages to perform routine or emergency maintenance, bug
fixes or upgrades, in which event, Customer authorizes EzzyPages
to access Customer’s EzzyPages Account. EzzyPages shall use commercially reasonable efforts to
notify Customer of anticipated material disruptions in the Services and shall
make commercially reasonable efforts to schedule such activities at non-peak
user hours. In addition, EzzyPages reserves the
right, in its sole discretion, to reassign or rename Customer’s domain/profile
URL. EzzyPages is not responsible for outages or
service degradations where systems, programs, data, or processes that are
controlled, supplied or operated by Customer are contributing factors to the
outage or service degradation. In addition, where the Services are
Internet-based, Customer acknowledges and agrees that EzzyPages
cannot control the flow of data between its servers, other portions of the
Internet and Customer’s connections and computers. Such flow depends in large
part on the performance of Internet services provided or controlled by third
parties. At times, actions or inactions caused by these third parties can
impair Customer’s connections to the Internet. Although EzzyPages
will use its commercially reasonable efforts to take actions it deems appropriate
to remedy and avoid such events, it cannot guarantee that they will not occur.
COOKIES
Like many websites, we may also use “cookie” technology to
collect additional website usage data and to improve the Site and our service.
A cookie is a small data file that we transfer to your computer’s hard disk. We
do not use cookies to collect personally identifiable information. EzzyPages may use both session cookies and persistent
cookies to better understand how you interact with the Site and our Service, to
monitor aggregate usage by our users and web traffic routing on the Site, and
to improve the Site and our services. A session cookie enables certain features
of the Site and our service and is deleted from your computer when you
disconnect from or leave the Site. A persistent cookie remains after you close
your browser and may be used by your browser on subsequent visits to the Site.
Persistent cookies can be removed by following your web browser help file
directions. Most Internet browsers automatically accept cookies. You can
instruct your browser, by editing its options, to stop accepting cookies or to
prompt you before accepting a cookie from the websites you visit.
BUSINESS TRANSFERS
EzzyPages may sell, transfer or
otherwise share some or all of its assets, including your personally
identifiable information, in connection with a merger, acquisition,
reorganization or sale of assets or in the event of bankruptcy. You will have
the opportunity to opt out of any such transfer if the new entity’s planned
processing of your information differs materially from that set forth in this
Privacy Policy.
CONTENT GENERATION
Content generated by EzzyPages
(including EzzyPages's AI, page generator and EzzyPages's App) is considered to be a starting point and
template only. It should not be considered as legal advice or a comprehensive
set of policies for your specific business. We strongly recommend that you
consult with your legal team or appropriate professionals to review and
customize any policy-related content on your EzzyPages
page, ensuring it complies with applicable laws, regulations, and industry best
practices. By using EzzyPages's services, you
acknowledge and agree to this disclaimer and accept full responsibility for any
changes or adaptations you make to the AI-generated content on your landing
page. EzzyPages is not responsible for any issues
arising from the use of its AI-generated content.
PLACEHOLDER CONTENT
All content generated by EzzyPages,
including but not limited to textual descriptions, reviews, user names, photos
and any other digital media, shall be considered as 'Placeholder Content.' It
is explicitly understood that such Placeholder Content is fictional, provided
exclusively for illustrative purposes, and should not be taken as authentic or
genuine representations. Placeholder Content has been fabricated for the
intended purpose of demonstrating potential website design and functionality,
and to provide a framework by which users may understand how their own
authentic content might appear within the site. EzzyPages
emphatically discourages and does not support the usage of said Placeholder
Content as actual, authentic content representing real individuals or their
reviews. Utilizing placeholder content as real may breach guidelines set by
authorities like the Federal Trade Commission, and can lead to penalties or
enforcement actions. Users should replace all Placeholder Content with their
own authentic content before publishing, making their website public or
conducting any business activities. Any misuse of Placeholder Content will be
solely on the user's responsibility and EzzyPages
will not stand liable for any consequences that may follow.
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY UNDERSTANDS, ACKNOWLEDGES AND AGREES
THAT THE USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK AND LIABILITY. THE
SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. EzzyPages
EXPRESSLY DISCLAIMS ANY AND 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, AND NON-INFRINGEMENT. EzzyPages MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIALS DOWNLOADED
OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT CUSTOMER’S OWN
DISCRETION AND RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
CUSTOMER’S COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT
RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO
ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM EzzyPages, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE
ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
CUSTOMER AGREES THAT EzzyPages
SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS ARISING OUT OF OR CAUSED BY CUSTOMER’S USE OF OR INABILITY TO USE
THE SERVICES, EVEN IF EzzyPages HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH EzzyPages RELATED TO ANY OF THE SERVICES
SHALL BE TERMINATION OF SUCH SERVICES. IN NO EVENT SHALL EzzyPages’S
LIABILITY TO CUSTOMER, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES ACTUALLY
PAID BY CUSTOMER TO EzzyPages FOR SUCH SERVICES IN
THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
CUSTOMER AGREES THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A
REFLECTION OF THE RIGHTS AND OBLIGATIONS AGREED UPON BY CUSTOMER AND EzzyPages IN THESE TERMS.
INDEMNIFICATION
Customer agrees to indemnify and hold harmless EzzyPages, its officers, directors, employees, suppliers,
and affiliates, from and against any losses, damages, fines and expenses
(including attorney’s fees and costs) arising out of or relating to any claims
that Customer has used the Services in violation of another party’s rights, in
violation of any law, in violation of any provisions of the Terms, or in
connection with any other claim related to Customer’s use of the Services.
ARBITRATION
Any controversy or claim arising out of or relating to the
Terms shall be settled by binding arbitration in accordance with the commercial
arbitration rules of Republic of India. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The decision of
the arbitrator shall be final and may not be appealed. The arbitration shall be
conducted in Mumbai, India and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Notwithstanding anything to the
contrary, EzzyPages may at any time seek injunctions
or other forms of equitable relief from any court of competent jurisdiction.
TERMINATION
Customer agrees that EzzyPages may
terminate Customer’s EzzyPages Account and access to
the Services for reasons including, but not be limited to, breaches or
violations of these Terms or the Privacy Policy, a request by Customer to
terminate Customer’s EzzyPages Account,
discontinuance or material modification to the Services, unexpected technical
issues or problems, extended periods of inactivity and/or requests by law
enforcement or other government agencies, and for non-payment for Premium
Services. Termination of Customer’s EzzyPages Account
includes elimination of access to the Service, deletion of Customer’s EzzyPages Account, deletion of all of Customer’s content
and data, including but not limited to Contact Information, as permitted or
required by law.
MISCELLANEOUS
Assignability. Customer may not assign or
transfer this Agreement, in whole or in part, by operation of law or otherwise,
or its rights or obligations hereunder without EzzyPages’s
express prior written consent. Any attempt to assign or transfer this
Agreement, without such consent, will be null and of no effect. Subject to the
foregoing, this Agreement will bind and inure to the benefit of each party's
permitted successors and assigns.
Governing Law and Jurisdiction. This Agreement
will be governed by and construed in accordance with the laws of the State of
Maharashtra, India excluding that body of laws known as conflicts of law.
Severability. If for any reason a court of
competent jurisdiction finds any provision of this Agreement invalid or
unenforceable, that provision of the Agreement will be enforced to the maximum
extent permissible and the other provisions of this Agreement will remain in
full force and effect.
Waiver. The failure by either party to enforce
any provision of this Agreement will not constitute a waiver of future
enforcement of that or any other provision. Except as expressly set forth in
this Agreement, the exercise by either party of any of its remedies under this
Agreement will be without prejudice to its other remedies under this Agreement
or otherwise.
Notices. Any notices or other communications
provided under this Agreement will be given: (i) via
email; or (ii) by posting such notice on EzzyPages’s
website or to the Services. For notices given by email, the date of receipt
will be deemed the date on which such notice is transmitted.
Force Majeure. Neither party will be responsible
for any failure or delay in its performance under this Agreement (except for
any payment obligations) due to causes beyond its reasonable control,
including, but not limited to, labor disputes, strikes, lockouts, shortages of
or inability to obtain energy, raw materials or supplies, war, terrorism, riot,
or acts of God.
ACCEPTANCE
BY CLICKING THE "ACCEPT" BUTTON OR CHECKING THE
"ACCEPT" BOX OR OTHER MEANS PROVIDED FOR ACCEPTANCE YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY CUSTOMER TO
ACCESS AND USE THE SERVICES; AND (ii) ACCEPT THESE CUSTOMER TERMS OF SERVICE
AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE
TERMS OF USE, DO NOT CLICK THE "ACCEPT" BUTTON OR CHECK THE
"ACCEPT" BOX OR OTHER MEANS PROVIDED FOR ACCEPTANCE AND YOU WILL HAVE
NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SERVICE.