Terms and Conditions

FluteByte Technologies Pvt. Ltd.

Last Updated: March 28, 2025

1. Introduction

Welcome to FluteByte Technologies Pvt. Ltd. (“FluteByte,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our software-as-a-service offerings, website, and related services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

2. Acceptance of Terms

By accessing or using our Services, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

3. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Service Usage and Restrictions

5.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

5.2 Restrictions

You shall not:

  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit our Services
  • Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of our Services
  • Access our Services to build a competitive product or service
  • Copy or use features, functions, or graphics of our Services for any other purpose
  • Use our Services in any way that violates applicable laws or regulations
  • Use our Services to send spam or malicious content
  • Interfere with or disrupt the integrity or performance of our Services

6. Intellectual Property Rights

6.1 Our Intellectual Property

Our Services and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FluteByte, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Your Content

You retain all rights to any content you submit, post, or display on or through our Services (“Your Content”). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content in connection with providing and improving our Services.

7. Subscription and Payment

7.1 Fees

You agree to pay all fees associated with your subscription plan. All fees are exclusive of taxes, which you are responsible for paying. Fees are non-refundable except as expressly provided in these Terms.

7.2 Billing

We will bill you through the payment method specified in your account. If payment is not received, we may terminate your access to our Services.

7.3 Subscription Changes

You may change or cancel your subscription at any time through your account settings. Changes will take effect at the end of your current billing cycle.

8. Term and Termination

8.1 Term

These Terms will remain in effect until terminated by either you or us.

8.2 Termination by You

You may terminate these Terms by discontinuing use of our Services and canceling your subscription.

8.3 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

8.4 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT SHALL FLUTEBYTE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
  • ANY CONTENT OBTAINED FROM OUR SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

THE TOTAL LIABILITY OF FLUTEBYTE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO FLUTEBYTE IN THE PAST 12 MONTHS, OR, IF GREATER, $100.

11. Indemnification

You agree to indemnify, defend, and hold harmless FluteByte, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of these Terms.

12. Export Control and Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services and your listing of any items on our Services.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Howrah, India, in accordance with the Arbitration and Conciliation Act, 1996.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FluteByte regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

16. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FluteByte.

17. Contact Information

If you have any questions about these Terms, please contact us at:

FluteByte Technologies Pvt. Ltd.

India Headquarters:

142, Andul Road, Shalimar
Howrah – 711110
India
Phone: +91 91296 85344
Email: contact@flutebyte.com

UAE Office:

Al Mamourah Street, Al Nahyan Area
E25 West, Abu Dhabi
United Arab Emirates
Phone: +971 588133282
Email: david.wayayu@flutebyte.com

Ghana Office:

East Legon
Accra, Ghana
Phone: +233 591971286
Email: seth.antanah@flutebyte.com