Last Updated: 20th Sep 2024

These Terms of Service, together with any other terms, agreements, and policies referenced herein (which constitute an integral part hereof) (these “Terms”), constitute a legally binding agreement between the individual proprietor of Partyza (the “Company”) and the customer accepting these Terms (the “Customer”). By accessing or using Partyza’s platform (the “Platform”), the Customer agrees to be bound by these Terms and to comply with all applicable laws, rules, and regulations. If the Customer does not agree to these Terms, they may not use the Platform.

1. The Platform

1.1 Subscription to the Platform:
PartyZa offers tools for creating customized invitations, greeting cards, and event management features. Customers can design, download, share, and print these invitations through the Platform. Partyza will make the Platform available to the Customer for personal use during the Subscription Term.

1.2 Permitted Use:
The Platform may only be used for personal, non-commercial purposes. Any other use is strictly prohibited unless expressly agreed upon by PartyZa.

1.3 Subscription Limitations:
Use of the Platform is granted solely to the Customer, and the right is non-transferable, non-exclusive, and non-sublicensable. Only individuals who can form legally binding contracts under applicable law, are of the legal age of majority (18 years or older, or a higher age depending on the legal requirements in their jurisdiction), and are not restricted from using the Platform may use Partyza. Customers under the age of 18 must obtain consent from a parent or legal guardian to use the Platform.

1.4 Changes to the Platform:
Partyza reserves the right to modify or discontinue any part of the Platform at any time without notice or liability, including changing features, content, or functionality.

2. Third-Party Services

2.1 Sub-processors:
The Platform may utilize third-party service providers (“Sub-processors”) for hosting, payment processing, and other necessary functionalities. By using Partyza, Customers agree to the involvement of these third parties. Partyza is not responsible for the actions or policies of third-party services and does not guarantee the continuous availability of third-party functionalities.

2.2 Links to Third-Party Services:
The Platform may contain links to third-party websites or services. Partyza does not endorse any third-party services and is not liable for the use of these third-party services. Any use of third-party services is at the Customer’s own risk.

3. Registration

3.1 Account Creation:
Customers must create an account to use the Platform. Partyza reserves the right to refuse or block any registration at its discretion.

3.2 Account Information:
Customers agree to provide accurate, current, and complete information during the registration process and are solely responsible for maintaining the confidentiality of their account information.

4. Customer Content

4.1 General:
By using Partyza, Customers may upload content such as texts, images, videos, and designs (“Customer Content”). Partyza does not claim ownership of this content but has the right to process and display it for the provision of services.

4.2 Prohibited Content:
Customers may not upload any content that violates intellectual property rights, is offensive, illegal, or contains harmful material. Partyza reserves the right to remove any content that violates these guidelines.

5. Subscriptions, Term, and Fees

5.1 Subscription and Fees:
The Platform is provided on a subscription basis, subject to the Customer registering and creating an account (the “Subscription”). The Subscription offers the following tiers:

• Free Subscription: Certain services and products are offered to the Customer free of charge.
• One-Time Purchase: Advanced services and products can be purchased on a one-time basis for a set price displayed on the Platform (the “One-time Purchase” and the “One-time Fee”).
• Premium Subscription: The Customer may upgrade from the Free Subscription to a premium version, which offers additional services and products in exchange for a monthly or annual subscription fee (the “Premium Subscription” and the “Subscription Fee”).

The Company reserves the right to charge fees for any services or products included in the Free Subscription at any time. Additionally, the Company may change the One-time Fee or the Subscription Fee. If the Subscription Fee is increased during the Subscription Term, such changes will take effect only after the current Subscription Term expires. All new fees will be posted prominently on the Platform in the appropriate locations.

5.2 Subscription Term:
The “Subscription Term” refers to the period during which the Customer has access to the Platform under the Premium Subscription. It can be either one month or one year, as applicable, and will automatically renew as outlined in Section 5.3.

5.3 Subscription Auto-Renewal:
To avoid interruptions or loss of service, the Premium Subscription will automatically renew for a renewal period equal to the original Subscription Term (excluding any renewal period) at the applicable Subscription Fee. The renewal will occur unless either Partyza or the Customer cancels the Subscription prior to the expiration of the current Subscription Term.

6. Termination

6.1 Termination or Suspension by Company:
Partyza reserves the right to suspend or terminate any account that violates these Terms, applicable laws, or engages in fraudulent or harmful activities. Suspension or termination may occur without prior notice, and Partyza will not be liable for any data loss resulting from such actions.

6.2 Termination by Customer:
Customers may terminate their subscription to Partyza by canceling their account or subscription. Termination will take effect at the end of the current Subscription Term, and no refunds will be provided for unused portions of the term.

6.3 Effect of Termination:
Upon termination, the Customer’s right to use the Platform and all rights granted under these Terms shall cease. Customers must export any data or content before termination, as Partyza may delete any Customer Content after termination.

7. Liability and Jurisdiction

7.1 Limitation of Liability:
To the fullest extent permitted by law, Partyza, its affiliates, employees, directors, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(i) Customer’s use of or inability to use the Platform,
(ii) any unauthorized access to or use of Partyza’s servers and/or any personal information stored therein,
(iii) any interruption or cessation of transmission to or from the Platform,
(iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party,
(v) any errors or omissions in any content, or
(vi) any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.

Partyza’s total liability to the Customer for any claims under these Terms, whether in contract, tort, or otherwise, will be limited to the total fees paid by the Customer for the use of the Platform during the six (6) months preceding the claim. In the event the services provided by Partyza are offered at no cost, Partyza’s total liability shall be zero.

7.2 Class Action Waiver:
WHERE PERMITTED UNDER APPLICABLE LAWS, CUSTOMER AND PARTYZA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Customer and Partyza agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

7.3 Governing Law and Jurisdiction:
These Terms and any disputes arising from or related to the use of the Platform will be governed by the laws of Gurgaon, Haryana, India, without regard to conflict of law principles. Any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the courts located in Gurgaon, Haryana, India, and both parties consent to the personal jurisdiction and venue of these courts.

8. Indemnification

8.1 Indemnification by Customer:
The Customer agrees to indemnify, defend, and hold harmless Partyza and its affiliates, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
(i) the Customer’s violation of these Terms,
(ii) any Customer Content uploaded, stored, or transmitted by the Customer,
(iii) Customer’s use of third-party services, or
(iv) any breach of applicable laws or regulations.

8.2 Indemnification by Partyza:
Partyza will indemnify the Customer against any claim that the Platform or its use infringes on a third party’s intellectual property rights, provided that the Customer promptly notifies Partyza of any such claim and gives Partyza full control over the defense and settlement of the claim.

9. Privacy

Use of Partyza is subject to our Privacy Policy, available at gopartyza.com/privacypolicy  Customers consent to the collection and use of their personal information as outlined in this policy.

10. Amendments

Partyza reserves the right to amend these Terms at any time by posting an updated version on the Platform. Any material changes will be notified to Customers. Continued use of the Platform after such changes will be deemed acceptance of the new Terms.