Terms of Use

Terms of Use Agreement

This Agreement between Febixa Digital, an Indian company headquartered in Gujarat, and the Client, whether an individual or on behalf of a company (collectively, the “Parties”), establishes the terms and conditions for accessing and using the Febixa Digital website (the “Website”) and any other media format, channel, mobile website or mobile application associated with it. Failure to adhere to all the terms, conditions, and obligations outlined in this agreement results in the termination of the Client’s access to the Website. Furthermore, the relationship between Febixa Digital and the Client shall come to an end, with all previous agreements between the parties becoming void. In addition, the Client shall continue to owe Febixa Digital for services rendered as part of this agreement. 

1. Intellectual Property Rights.

 The Content and Marks on the Website are the property of Febixa Digital and are protected by copyright and trademark laws, as well as other applicable intellectual property laws and regulations. Unless otherwise noted, the Website is owned and controlled by Febixa Digital. The Content and Marks are supplied for your information and personal use exclusively. Unless expressly stated otherwise, you may not copy, reproduce, aggregate, republish, post, display, translate, distribute, sell, license, or otherwise exploit any part of the Website or Content for commercial purposes without Febixa Digital’s prior written permission. Febixa Digital reserves all rights to the Website, Content, and Marks.

2. Ownership of Materials

As described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) are owned by Client, and Client owns the copyright for all Projects. If any law would cause Febixa Digital to become the owner of a Project, in whole or in part, rather than the Client, Febixa Digital irrevocably and permanently assigns its entire interest in the Project to the Client, without restriction. 

Any materials provided to Febixa Digital as examples or to be integrated into a project during the design process are guaranteed by Client to be the sole property of Client and free of any infringement or misappropriation of third party rights, including but not limited to all intellectual property rights and publicity rights. 

3. Third-Party Fonts

shall only provide the Client with the following information:

– the name of the font

– the author of the font

– a link to the font’s copyright information

– a link to a site that provides license purchase information.

Febixa Digital will not provide any other information, including but not limited to, quotes for licensing fees or contact information for the typeface’s rights holder.

In order to obtain Third-Party Font(s) licenses

The client is responsible for any consequences resulting from a Project using one or more Third-Party Fonts, provided that Febixa Digital has informed the Client of the use of such fonts as described above. 

4. User Representations.

The Client agrees and warrants that:

  1.  These Terms of Use are binding on the client and require his strict adherence; 
  2. A client may be of any age, as long as he or she is not a minor in the location where they live; 
  3. The Website may not be accessed through automated or non-human means
  4. The client must not use the website for any illegal or unauthorized purpose; 
  5. No law or regulation applies to a Client’s use of the Website that would be violated. 

5. Prohibited Activities.

The client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related 

to the work performed by Febixa Digital on behalf of the Client. Further, the Client agrees to refrain from the following:

1 You must not use the Website without permission; 

2 Collect information or material to build or maintain a database or list; 

3 security-related features on the Website can be circumvented, disabled, or otherwise interfered with; 

4 Framing or linking to the Website is unauthorized; 

5 tricks, defrauds, or deceives Febixa Digital or other users; 

6 don’t interfere with, disrupt, or create an unnecessary burden on the Febixa Digital network or servers; 

7 Attempting to compete with Febixa Digital through the Website; 

8 Attempt to decode, decrypt, reverse engineer, or decompile any of the software that makes up or is part of the Website

9 You may bypass any barriers on the site preventing or restricting access to the site or any part thereof; 

10 It is against the law to harass, annoy, intimidate, or threaten any Febixa Digital employee, independent contractor, or agent that provides services through the Website; 

11 Remove any copyright or other rights notice from Content; 

12 You may copy or modify the Website’s software. 

13 Attempt to upload, transmit, or otherwise disseminating viruses, Trojan horses, or other harmful material to the Website, which may interfere with other users’ ability to make use of the Website or alter its functionality, performance, operation, or maintenance; 

14 To collect or disseminate material that acts as an information collection or transmission mechanism, whether passive or active, is prohibited; 

15 It’s against the law to damage Febixa Digital’s reputation; 

16 Using the website in any manner that is contrary to any applicable laws, statutes, or regulations is prohibited.

6. Client Feedback.

The client agrees that any inquiries, remarks, suggestions, or other input (collectively, “Submissions”) will be owned by Febixa Digital, who will not be required to maintain the confidentiality of a Submission or take steps to ensure the confidentiality of a Submission. All rights associated with the Submission, except those outlined in Paragraph 2 (“Material Ownership”), will be owned exclusively by Febixa Digital, who may use and distribute them at will without acknowledging or compensating the client. The client agrees that it has the right to articulate and put forth the Submission and the Client hereby waives all claims and recourse against Febixa Digital for its use of the Submission under the terms hereof and its sole discretion hereafter.

7. Management and Oversite.

Febixa Digital reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. In addition, Febixa Digital may restrict or deny access to the Website or disable the Client’s ability to use the Website. All management decisions concerning the Website will be made by Febixa Digital, and they will be intended to preserve Febixa Digital’s assets and rights. The client will not receive notice or liability as a result of these decisions. 

8. Privacy Policy.

The terms set forth in the Privacy Policy are binding on the Client and are incorporated herein. The Privacy Policy specifies that the Client must abide by it. The Website is hosted in the United States and may be subject to different laws governing personal data collection, use, and disclosure than those in the United States. By continuing to use the Website or by sending data to the United States, the Client gives express consent for the transfer and processing of data in the United States. Febixa Digital does not knowingly solicit information from individuals under the age of 18. Upon receiving actual knowledge that Febixa Digital has received personally identifiable information from an individual under the age of 13 without parental consent, Febixa Digital shall delete that information as soon as reasonably practical pursuant to the United States Children’s Online Privacy Protection Act.

9. Returns and Refunds.

Febixa Digital will cease all work to be done for the Client and return to the Client the most recent monthly installment payment that has been remitted to Febixa Digital within fourteen (14) days of receiving the Client’s Notice of desire to terminate (“Febixa Digital Notice”). If the Client has selected a plan or package with a term of over thirty (30) days, a refund will be provided in an amount equal to one (1) monthly installment only. All refunds will be paid using the currency or mode of payment used by the client to make the payment. On receiving the refund, the parties’ contractual and commercial relationship will be terminated and considered void. 

10. Termination/Denial of Access.

Febixa Digital reserves the right to deny clients access to and use of the website without prior notice or liability, in addition to any other terms of these terms of service. You may be denied access to the website for any reason or for no reason, including without limitation because you have violated any of the warranties or covenants contained in these terms of service, the Privacy Policy, or any applicable law, statute, or regulation. Upon termination or suspension, the client may not create a new account or register under a different name. Febixa Digital may take legal actions against clients who violate this clause. 

11. Modification.

Febixa Digital reserves the right to alter, amend, remove, or change anything on the Website without notice or liability to the Client. Febixa Digital may modify or discontinue all or part of the Website without notice. 

12.Connection Interruptions.

Febixa Digital is not responsible for interruptions to the Website or for any losses or damages incurred as a result. The client agrees that Febixa Digital is not liable for any losses, damages, or inconveniences that result from the client’s inability to access or use the Website, as a result of any hardware, software, or other issues beyond Febixa Digital’s control.

13. Governing Law.

The terms of use described here shall be interpreted and enforced following the laws of Gujarat, India, without reference to conflict of law principles. 

14. Litigation

In the event of any legal action of any sort, whether personal or corporate, the Washington County, India, or Surat Gujarat District Court for the District of Surat will hear the case. The parties to this agreement hereby consent to personal jurisdiction in those courts and waive any claims of jurisdiction or venue. Because the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are outside these Terms of Use, they may not be applied.

15. Disclaimer.

The client agrees that using the website and the services it provides is the client’s sole risk. Febixa Digital disclaims all express and implied warranties concerning the website and the services it provides, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Febixa Digital does not guarantee or claim that the website or any of its content is accurate or complete. The website and content linked to it are provided without warranty of any kind. Furthermore, Febixa Digital is not liable for any damages, including personal injury or property damage, resulting from inaccuracies in content or materials, errors, mistakes, or omissions, the unauthorized accessing of the company’s secure servers, the exposure of personal information, financial information, and/or any damage or issue caused by the website being down or having poor connections or any errors or omissions in content or materials, bugs, viruses, Trojan horses, or any other type of error or damage as a consequence of using any material made accessible on or through the website and any third-party websites or mobile applications advertised or offered through the Website are not endorsed, guaranteed, or supported by Febixa Digital. 

16. Limitations of Liability and Indemnification.

Client or any third party may not hold Febixa Digital or its directors, employees, members, independent contractors, or agents liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses resulting from Client’s use of the Website. 

Any third-party losses, damages, liabilities, claims, or demands, including attorney fees and expenses, caused by or arising from the use of the website, Febixa Digital and its subsidiaries, affiliates, and all their respective officers, members, agents, partners, employees, and independent contractors are defended, indemnified, and held harmless by Client. Breach of these Terms of Use, the use of the website, the breach of Client’s representations and warranties, any breach of the promises and assurances described in this document, and Client’s violation of the rights of any third party, including but not limited to intellectual property rights, may lead to claims against Febixa Digital. Febixa Digital reserves the right, at the Client’s expense, to defend and handle any matter for which the Client is required to indemnify Febixa Digital. The client agrees to cooperate with the defense of such cases. 

17. User Data

The client acknowledges that Febixa Digital has no liability for data loss or corruption relating to any activity that the Client undertakes using the Website. Any data transmitted to or about the Client’s activities must therefore be the responsibility of the Client. 

18. Electronic communications, transactions and signatures.

The client has authorized Febixa Digital to send electronic communications and agrees that all agreements, notices, disclosures, and other communications via email or the Website are sufficient to satisfy any legal requirements that such communications be in writing. The client agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic notification, policy, and transaction records generated by Febixa Digital or through the Website. Any statute, regulation, rule, ordinance, or other law in any jurisdiction that requires an original signature or delivery of non-electronic records or payments or credits in any way other than electronic is waived by the Client. 

19. Miscellaneous.

Febixa Digital won’t enforce any rights or rules outlined in these Terms of Use or on the Website. These Terms of Use and any information on the Website are the sole agreement and understanding between the Client and Febixa Digital. If Febixa Digital fails to enforce a right or provision in these Terms of Use, that right or provision will not be waived. If any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable, that provision will be severed from the remainder of the Agreement and will not affect the validity or enforceability of the other terms. Nothing in these Terms of Use, the Privacy Policy, or on the Website will be interpreted as creating a joint venture, partnership, employment, or agency relationship between the Client and Febixa Digital.