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TermsTerms of Service.
The terms on which GigaWebZone LLP provides the GigaBizZone services to customers — including the binding form of the Confidence 30 Guarantee and how fees, scope and disputes are handled.
About these terms
These Terms of Service (the "Terms") govern your access to and use of the GigaBizZone website at www.gigabizzone.com and the services described on it (the "Services"), operated by GigaWebZone LLP (LLPIN AAV-4776) with its registered office in Maharashtra, India ("GigaBizZone", "we", "us" or "our").
By submitting the configurator, signing a proposal, or otherwise engaging us, you agree to these Terms together with the specific kickoff scope document signed for your engagement (the "Kickoff Document"), our Privacy Policy and, where applicable, our Data Processing Agreement.
Definitions
- Customer
- The legal person — an individual, sole proprietor, partnership, LLP, company or other entity — that engages GigaBizZone for the Services.
- Engagement
- A specific delivery of the Services to a Customer, governed by the Kickoff Document and these Terms.
- Modules
- The specific AI modules selected by the Customer in the configurator and listed in the Kickoff Document.
- Setup Fee
- The one-time fee equal to fifty percent (50%) of the Monthly Recurring Fee, payable on Engagement commencement.
- Monthly Recurring Fee
- The monthly fee for the agreed Modules, exclusive of pass-through usage and applicable taxes.
- Pass-through Usage
- Third-party usage costs (telephony, model inference, WhatsApp BSP, etc.) billed to the Customer at cost without markup.
- Confidence 30
- The Delivery and Evaluation guarantee described in section 4 and on the Confidence 30 page.
Engagement scope
Each Engagement is defined by the Kickoff Document, which records the Modules, the Day 15 delivery definition for each Module, the Customer's responsibilities, the Monthly Recurring Fee, the Setup Fee, an estimate of Pass-through Usage and the engagement start date.
Changes to scope after the Kickoff Document is signed require a written variation agreed by both parties. Verbal additions do not amend the Engagement.
The Confidence 30 Guarantee
Every Engagement is subject to the Confidence 30 Guarantee, which forms a binding part of these Terms:
- Days 1–15 — Delivery Window. If GigaBizZone fails to deliver the Modules in accordance with the Day 15 delivery definitions in the Kickoff Document, the Customer is entitled to a full refund of the Setup Fee and the first Monthly Recurring Fee paid.
- Days 16–30 — Evaluation Window. If the Customer decides that the Services are not the right fit for its business and gives written notice within this window, the first Monthly Recurring Fee paid is refundable. From Day 16, the Setup Fee is non-refundable, as deployment is complete.
Refunds are processed to the original payment method within seven (7) business days of confirmation. Pass-through Usage already consumed is not refundable. The detailed mechanics are described on the Confidence 30 page.
Fees, billing & GST
The Setup Fee is invoiced on the engagement start date. The Monthly Recurring Fee is invoiced monthly in advance. Pass-through Usage is invoiced monthly in arrears, with a statement of usage attached.
All fees are exclusive of Goods and Services Tax (GST), which will be added at the prevailing rate on every invoice. Payments are due within seven (7) days of invoice unless otherwise specified in the Kickoff Document. We reserve the right to suspend the Services for invoices that remain unpaid beyond fifteen (15) days from the due date, after written notice.
Customer responsibilities
- Provide accurate information, lawful instructions and timely access to the systems, accounts and content needed to deliver the Modules.
- Designate a single point of contact for the Engagement.
- Provide consent for, and where required obtain consent on behalf of, end users for any data processing required by the Modules.
- Comply with applicable Indian laws, including the DPDP Act 2023, TRAI commercial communication rules and any sector-specific obligations (for example, medical or financial services regulation).
Acceptable use
You may not use the Services to (a) violate applicable law, (b) send spam or unauthorised commercial communications, (c) infringe intellectual property or privacy rights, (d) attempt to gain unauthorised access to our systems, or (e) build a competing service using our confidential information.
Intellectual property
GigaBizZone retains all rights, title and interest in the Services, the underlying software, models, prompts, configurations and documentation, save for content explicitly provided by the Customer (which remains the Customer's). The Customer is granted a non-exclusive, non-transferable licence to use the Services during the Engagement.
Where AI-generated outputs (text, images, video, voice) are produced as part of the Services, the Customer owns those outputs to the extent permitted by law, subject to compliance with these Terms.
Confidentiality
Each party will keep the other party's confidential information confidential, use it only to perform the Engagement, and protect it with reasonable care. Confidential information does not include information that is public, already known, or independently developed without reference to the other party's information.
Data protection
Processing of personal data is governed by our Privacy Policy and, where the Customer instructs us to process personal data on its behalf, our Data Processing Agreement, which forms part of these Terms.
Warranties & liability
We will perform the Services with reasonable skill and care. To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
Subject to the Confidence 30 Guarantee and any rights that cannot be excluded under Indian law, each party's aggregate liability under or in connection with the Engagement will not exceed the total fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.
Neither party is liable for indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, goodwill or anticipated savings.
Indemnity
Each party will indemnify the other against third-party claims arising from its own breach of these Terms, its gross negligence or wilful misconduct, or its infringement of applicable law in connection with the Engagement.
Term & termination
The Engagement begins on the engagement start date and continues on a rolling monthly basis from Day 31 onwards, unless terminated. Either party may terminate for convenience on thirty (30) days' written notice. Either party may terminate immediately for material breach not cured within fifteen (15) days of written notice.
On termination, the Customer pays for the Services delivered up to the termination date. Refund entitlements during the Confidence 30 windows are governed by section 4.
Force majeure
Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including natural events, internet or telecommunications outages, government actions, or third-party platform failures. The affected party will use reasonable efforts to mitigate and resume performance.
Governing law & disputes
These Terms are governed by the laws of India. The courts at Pune, Maharashtra have exclusive jurisdiction over any disputes, subject to any binding arbitration the parties may separately agree in writing.
Notices
Notices to GigaBizZone must be sent to legal@gigawebzone.com and to our registered office. Notices to the Customer will be sent to the email and address recorded in the Kickoff Document.
Miscellaneous
These Terms, together with the Kickoff Document, the Privacy Policy and the DPA, constitute the entire agreement between the parties on their subject matter. If any provision is held unenforceable, the remainder remains in force. No waiver is effective unless in writing. Neither party may assign these Terms without the other's written consent, except to a successor in a corporate reorganisation.
For any question about these Terms, please email legal@gigawebzone.com.