1.1 Use of Services

When using our Services, you must adhere to the designated use levels that we determine, price, and offer on our websites, your Order, or the Service Descriptions ("Use Levels"). These Services may only be used in accordance with these Terms, and you must acknowledge our Privacy Policy, which is incorporated by reference. We grant you a limited right to use our Services solely for business and professional purposes. Technical support details for the Services can be found in the Service Descriptions. If your affiliates utilize our Services, you are responsible for ensuring their compliance with the Agreement and will be held liable for any non-compliance. "Service(s)" refers to our software-as-a-service offerings and audio services, including any associated hardware, provided by TZ Creation, or their subsidiaries, along with the telecommunications providers responsible for the respective audio services' rates and terms. The Service Descriptions form part of these Terms. Please note that your personal data may be processed when using our Services, software, and websites, as they are hosted on equipment and resources located worldwide.

1.2 Limitations on Use

By utilizing our Services, you agree, on behalf of yourself, your users, and your attendees, to adhere to the following restrictions:

• Do not modify, create derivative works of, or reverse engineer our Services.
• Do not engage in intentional or negligent behavior that abuses or disrupts our networks, user accounts, or the Services.
• Do not transmit any harassing, indecent, obscene, or unlawful material through the Services.
• Do not market or resell the Services to any third party.
• Do not violate applicable laws or regulations when using the Services.
• Do not use the Services for unauthorized advertising or spam.
• Do not harvest, collect, or gather user data without proper consent.
• Do not transmit any material through the Services that may infringe upon the intellectual property, privacy, or other rights of third parties.
• Do not utilize the Services to commit fraud or impersonate any person or entity.

1.3 Changes to Services

We reserve the right to enhance, upgrade, improve, or modify features of our Services as we deem appropriate and at our sole discretion. We may also provide additional functionality or premium feature improvements for an additional cost beyond our standard Services.

1.4 Proprietary Rights

You acknowledge and agree that we, or our licensors, retain all proprietary rights, title, and interest in the Services, including our name, logo, and other marks, along with any associated intellectual property rights, including modifications, enhancements, derivative works, and upgrades. You are prohibited from using or registering any trademark, service mark, business name, domain name, or social media account name or handle that incorporates the TZ Creation name in whole or in part, or any name that is similar to these. You are also required to comply with our Branding Guidelines, which are incorporated into this Agreement by reference.

2.1 Orders

You can place orders for our Services using our current ordering processes ("Order"). All Orders become effective on either (i) the date you submit your Order, or (ii) the date indicated on the signature block of the Order ("Effective Date"). Acceptance of your Order may be subject to verification and credit approval by us. Each Order is considered separate and independent. For non-credit card transactions over 25,000 USD or equivalent, a Purchase Order is required unless it is not part of your purchasing process.

2.2 Fees and Payment

You are responsible for paying all applicable and undisputed fees for the Services as specified in this Agreement or your invoice. Unless otherwise stated in Section 3.3 or the Service Descriptions, all payments made for accessing the Services are final and non-refundable. You are also responsible for any fees or charges incurred with other service providers (e.g., broadband and internet providers) related to your use of the Services. It is your responsibility to provide accurate and up-to-date billing, contact, and payment information to us or any reseller. By using the Services, you authorize us to charge your payment card or bill you for all amounts owed. We may update your payment card information (where permitted) to ensure successful processing. Your credit card information and related personal data may be shared with third parties for payment processing and fraud prevention purposes. If we determine that your payment information is inaccurate or not current, we may suspend or terminate your Services, and you will be responsible for any fees and overdraft charges incurred. We do not accept invoice submissions through customer procure-to-pay online portals or Electronic Data Interchange (EDI) portals. We reserve the right to change the price for Services at any time after the Initial Term, and such changes will be effective in your next billing cycle. We will provide timely notice of any price changes in accordance with applicable law by publishing on our website, emailing, quoting, or invoicing you.

2.3 Sales, Promotional Offers, Coupons and Pricing

Sales, promotions, and other special discounted pricing offers are temporary, and upon subscription renewal, any such discounts may expire. We reserve the right to discontinue or modify any coupons, credits, sales, or special promotional offers at our sole discretion.

2.4 Disputes; Delinquent Accounts

If you have a fee dispute, you must notify us within 15 days of the invoice date, and once resolved, you agree to make payment within 15 days. Failure to pay undisputed fees may result in the suspension or termination of your Services, and you agree to reimburse us for reasonable costs and expenses incurred in collecting any undisputed delinquent amounts.

2.5 Taxes and Withholding

You are responsible for all applicable Taxes and Fees imposed by any government entity or collecting agency based on the Services, including sales, services, value-added, goods and services, withholding, tariffs, Universal Services Fund (USF) fees, or similar fees (if applicable to Audio Services only). However, Taxes and Fees based on our net income or for which you have provided an exemption certificate are not your responsibility. In all cases, you must pay the amounts due under this Agreement to us in full without any right of set-off or deduction.

3.1 Term

The initial term commitment for your purchase of Services will be as specified on an Order ("Initial Term") and begins on the Effective Date. After the Initial Term, the Services will, unless otherwise specified in the Service Description for a particular Service, automatically renew for additional 12-month periods ("Renewal Terms"), unless either party provides notice of non-renewal at least 30 days before the current term expires. You may provide notice of non-renewal for each Service you do not wish to renew at info@tz-creation.tabrezdal.com. We may agree to align the invoicing under multiple Orders, but this will not reduce the term of any Order. Terminating specific Services does not affect the term of any other Services still in effect. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current Terms and the renewal date that was in effect as of the effective termination date.

3.2 Termination for Cause

Either party may terminate the Agreement in the following circumstances: (i) if the other party breaches its material obligations and fails to cure within 30 days of receipt of written notice, or (ii) where permitted by applicable law, if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business. Additionally, we may suspend access or terminate immediately if you breach Section 1.2, 4.1, 4.3, or 5.

3.3 Effect of Termination

If the Agreement or any Services are terminated, your account may be converted to a "free" or "basic" version of the Service, if available, at our discretion. Otherwise, you will immediately discontinue all use of the terminated Services, except that upon request, we will provide you with limited access to the Services for a period not exceeding 30 days, solely to enable you to retrieve your Content from the Services. We have no obligation to maintain your Content after that period. To the extent permitted by applicable law, neither party will be liable for any damages resulting from termination of the Agreement, and termination will not affect any claim arising prior to the effective termination date. You agree to pay for any use of the Services past the date of expiration or termination that has not been converted to a free version of the Service.

3.4 Survival

The provisions of Sections 2 (Orders, Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Indemnification), 8 (Limitation on Liability), and 9.8 (Contracting Party, Choice of Law and Location for Resolving Disputes) will survive any termination of the Agreement.

4.1 Your Content

You retain all rights to your Content (defined below), and we do not own or license your Content. In order to provide and operate the Services, we may use, modify, reproduce, and distribute your Content. By uploading or sharing Content with us, you warrant that you have the right to do so and that it does not infringe on any third-party rights. Both parties agree to implement reasonable technical, organizational, and administrative security measures to protect the Content in accordance with industry standards. We will not access, view, or process your Content except as authorized by you or as required to comply with our policies, applicable law, or governmental requests. "Content" refers to files, documents, recordings, chat logs, transcripts, and similar data maintained on your or your users' behalf, as well as any other information uploaded to your Service account in connection with the Services.

4.2 Your Privacy and Security

We maintain a global privacy and security program to protect your Content and any associated personal data collected or processed on your behalf.

4.3 Your Accounts

You are solely responsible for the use of the Services by you and your users, maintaining a lawful basis for the collection, use, processing, and transfer of Content, and providing necessary notices or obtaining consent as legally required. Please keep your account information, including usernames and passwords, confidential to ensure account security. We will not send emails requesting your account credentials. We are not liable for any loss you may incur if a third party uses your password or account. We may suspend the Services or terminate the Agreement if we have reasonable grounds to suspect illegal, fraudulent, or abusive activity, or if your use of the Services is likely to cause harm to us. Please notify us immediately of any unauthorized access or security breaches and terminate such access.

In connection with the performance, access, and use of the Services under the Agreement, each party agrees to comply with all applicable laws, rules, and regulations, including export, privacy, and data protection laws and regulations. Each party represents that it is not named on any government denied-party list. If necessary and in accordance with applicable law, we will cooperate with local, state, and federal government authorities in India. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws.

We warrant that the Services will conform to the Service Descriptions under normal use. However, we do not represent or warrant that:

1. The use of our Services will be timely, uninterrupted, or error-free, or operate in combination with any specific hardware, software, system, or data.
2. Our Services will meet your specific requirements.
3. All errors or defects will be corrected.

It's important to note that the use of the Services is at your sole risk. Our entire liability and your exclusive remedy under this warranty will be, at our sole option and subject to applicable law:

1. To provide conforming Services; or
2. To terminate the non-conforming Services or the applicable Order and provide a pro-rated refund of any prepaid fees from the date you notify us of the non-conformance through the end of the remaining term.

To the extent permitted by applicable law, we disclaim all other warranties and conditions, whether express, implied, statutory, or otherwise, including any express or implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose, and non-infringement. Please be aware that some jurisdictions do not allow the exclusion of certain warranties and conditions, so some of the above exclusions may not apply to customers located in those jurisdictions.

We strive to provide reliable and high-quality services, but it's important to acknowledge that there may be limitations and potential issues that could arise. If you encounter any non-conformance or have concerns about the Services, please notify us, and we will work towards resolving the issue in accordance with the terms outlined above.

You agree to indemnify and defend us against any third-party claim that arises as a result of:

1. A breach of Section 1.2, 4.1, or 4.3 of these terms; or
2. Allegations that any of your Content infringes upon any patent, copyright, or violates a trade secret of any party.

In the event of such a claim, you agree to pay reasonable attorney's fees, court costs, damages finally awarded, or reasonable settlement costs. We will promptly notify you of any claim and cooperate with you in defending the claim. Additionally, you agree to reimburse us for any reasonable expenses incurred in providing cooperation or assistance.

You will have full control and authority over the defense and settlement of any claim, except in two specific circumstances:

1. Any settlement requiring us to admit liability requires prior written consent, which will not be unreasonably withheld or delayed.
2. We may join in the defense with our own counsel at our own expense.

It's important to note that this indemnification provision serves to protect both parties involved and ensures that any third-party claims are addressed and resolved appropriately.

8.1. LIMITATION ON INDIRECT LIABILITY

Neither party will be liable to the other party or any other person for any indirect, special, consequential, or incidental loss, exemplary, or other similar damages. This includes damages arising out of or relating to:

1. Loss of data
2. Loss of income
3. Loss of opportunity
4. Lost profits
5. Costs of recovery

These limitations apply regardless of the theory of liability, whether it be breach of contract, tort (including negligence), or violation of statute. The parties are aware that such damages are possible and agree that neither party will be held liable for them. However, please note that some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply.

8.2. LIMITATION ON AMOUNT OF LIABILITY

Except for your breach of Sections 1.2, 4.1, or 4.3 and your indemnification obligations, and to the extent permitted by applicable law, the total cumulative liability of either party and their respective licensors and suppliers under this Agreement is limited to the sum of the amounts paid for the applicable service during the 12 months immediately preceding the incident giving rise to the liability. It's important to note that this limitation does not affect your obligations to pay any undisputed fees and other amounts due under any order.

This limitation on liability ensures that neither party will be held accountable for damages beyond a certain amount, providing clarity and protection for both parties involved.

9.1. Free Services and Trials

Your access to and use of any free Services is not guaranteed for any specific period of time, and we reserve the right to limit or terminate your use of any free versions of our Services at our sole discretion. If you are using the Services on a trial or promotional basis ("Trial Period"), your access to the Services will terminate in one of the following ways:

1. At the end of the Trial Period stated in your Order.
2. If no specific date is specified, 30 days after your initial access to the Services.
3. Upon your conversion to a subscription.

During the Trial Period, we provide the Services "AS IS" and without warranty or indemnity, subject to all other applicable terms. We reserve the right to modify or discontinue any trials or promotions at any time without prior notice.

9.2. Third-Party Services

9.3. Beta Services

We may offer you access to beta services ("Beta Services") that are provided prior to general release. Please note that we do not guarantee that these services will be made generally available. By using the Beta Services, you understand and agree that they may contain bugs, errors, and other defects, and your use of the Beta Services is at your sole risk. You acknowledge that your use of Beta Services is voluntary and optional, and we have no obligation to provide technical support or continue offering Beta Services. The Beta Services are provided "AS-IS," and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory, or otherwise. If you provide any feedback ("Feedback") about the Beta Services, you agree that we own any Feedback you share with us. These Terms supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve the conflict, specifically for the Beta Services.

9.4. Security Emergencies

In the event that we reasonably determine that the security of our Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services to resolve the security issues. We will notify you of any suspension or other security-related actions taken.

9.5. High-Risk Use

You acknowledge that the Services are not designed or intended for use during high-risk activities, including but not limited to hazardous environments requiring fail-safe controls, weapons systems, aircraft navigation, control or communication systems, and/or life support systems.

9.6. Recording

Certain Services may offer functionality that allows you to record audio/video/images and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using the recording functionality. We disclaim all liability for your recording of media or shared data, and you agree to hold us harmless from any damages or liabilities related to the recording of audio/video/images or any other data.

9.7. Assignment

Neither party may assign its rights or delegate its duties under the Agreement, except with the other party's prior written consent. However, either party may assign the Agreement to an affiliated entity or as part of a corporate reorganization, consolidation, merger, acquisition, or sale of all or substantially all of its business or assets related to this Agreement. Any attempted assignment without consent will be void. The Agreement will bind and benefit each party's successors or assigns.

9.8. Contracting Party, Choice of Law and Location for Resolving Disputes

The specific TZ Creation contracting entity, contact information, and governing law for your use of the Services will depend on the specific Services you have ordered.

GENERAL TERMS

1. PROVISIONS IN THE AGREEMENT

If any term of this Agreement is found to be unenforceable, it will not affect the enforceability of any other terms. The parties to this Agreement are independent contractors, and nothing in this Agreement creates a partnership, agency, fiduciary, or employment relationship between them. No person or entity not a party to the Agreement will be considered a third-party beneficiary. Our authorized distributors do not have the authority to modify the Agreement or make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online or executed by electronic signature in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events, such as natural disasters, activities of third-party service providers, labor disputes, or acts of government, as long as those conditions persist.

2. OUR REVISION POLICY

At our company, we strive to provide the best services to our customers. We understand the importance of revisions to ensure customer satisfaction. The number of revisions included in your package is clearly stated in your package details. You are entitled to request the specified number of revisions without any additional charges.

If the design concepts remain unchanged or the code remains the same, you will not be required to pay any extra fees for revisions. We aim to deliver your revised design or code within 48 hours of receiving your revision request.

3. TURNAROUND TIME

At TZ Creation, we strive to provide efficient and timely design services to our clients. Our initial turnaround time for most design services is 48-72 hours. Please note that this timeframe refers to a single iteration of a design or development stage, such as a Graphic Design, Ui/Ux Design, Website or App.

Depending on the specific service and the requested revisions, the turnaround time for revisions can range from a minimum of 48 hours to 72 hours. This timeframe corresponds to 2-3 working days.

To provide a clearer understanding, here's an example:

• Orders placed or revision requests made on a Monday will be delivered by Wednesday.

We value your time and aim to deliver your designs promptly to meet your project requirements.

4. 100% MONEY BACK GUARANTEE

At TZ Creation, we are committed to customer satisfaction and stand behind the quality of our design services. We offer a 100% Money Back Guarantee to ensure that our customers feel confident and protected when working with us. You can claim a full refund of the amount paid for the service under certain circumstances as outlined in our Refund Policy.

5. DELIVERY POLICY

At TZ Creation, we strive to provide a seamless and efficient delivery process to ensure that you receive your order in a timely manner. Our Delivery Policy outlines the key aspects of our delivery process and your responsibilities as a customer.

Please take note of the following points regarding our Delivery Policy:

1. Delivery Method: The complete order will be delivered to the account specified during the ordering process. Additionally, a confirmation email will be sent to the provided email address to acknowledge the successful delivery of your order.
2. Turnaround Time: The turnaround time for your order will be determined by the package you have selected. The minimum time required for delivery is 2 business days. Please refer to your Order Confirmation for the specific date of delivery.
3. Website Activation: For website orders, please note that the website will only be made live once all outstanding dues have been cleared. We require full payment before activating and making the website accessible to the public.
4. Urgent or Rush Orders: If you require an urgent or rush order, please get in touch with our customer support team. They will assist you in expediting the process and accommodating your specific requirements, subject to feasibility and availability.

6. RIGHTS & OWNERSHIP

At TZ Creation, we believe in empowering our clients with complete ownership of the finalized designs we provide.

Please review the following key points regarding our Content Rights & Ownership policy:

1. Ownership of product: Upon written request for finalization by the client, TZ Creation transfers full ownership rights of the final product to the client. The client will receive all the final core files of the logo/graphics/ui/website and will own 100% of all rights to ownership of the said product.
2. Exclusive Ownership: The client shall own the final product in its entirety, and all ownership rights will belong to the client 100%.
3. Usage Rights: The client is free to use the finalized product at their discretion. They have the freedom to utilize the product for any purpose they deem fit.
4. Revision Cycle Materials: It's important to note that the ownership rights mentioned above apply to the final product only. Any materials, media, or other content generated during the revision cycles leading up to the final product will not be owned by the client.

7. CONTENT CREATION & POPULATION

At TZ Creation, our standard policy does not include content creation or population (e.g., text/images/videos) into the website, unless specifically purchased as an additional service. Please review the following information regarding our Content Creation & Population policy:

• Content Creation: If the client has purchased content creation services, TZ Creation will create specific content/text for the client's website. Our team of experts will work closely with the client to develop engaging and tailored content that aligns with their website's objectives and target audience.
• Image Population: As part of the content population process, TZ Creation will populate the website with images. We will utilize stock imagery from reputable stock photo websites to enhance the visual appeal of the website during the development phase.
• Paid Asset Usage: When it comes to using paid images, icons, or fonts for design, application, or website development, TZ Creation will seek approval from the client. If the client approves the use of certain paid assets, the associated costs for purchasing those assets will be borne by the client.
• Similarities Disclaimer: TZ Creation cannot be held responsible for any similarities between images used on the website and those used on other websites. We strive to create unique and visually appealing websites, but there may be instances where similarities arise unintentionally.
• Product Population: In good faith, TZ Creation will populate the website with some of the client's products and their relevant details. However, it is the client's responsibility to provide the necessary product images and details for all their products and product variations. The client should provide the data in a .CSV or .XLS file format.
• Data Population Charges: If the client provides a large quantity of images and products for their website, additional data population charges may apply. The specific details and pricing can be discussed and agreed upon with the client.
• Additional Editing Services: Any kind of editing of images, such as resizing, cutting, cropping, converting, or designing from scratch, will be considered additional services and will incur additional charges.

8. N.D.A. & REPUTATION MANAGEMENT POLICY

At TZ Creation, we prioritize the confidentiality and reputation of our clients. Please review our N.D.A. & Reputation Management policy outlined below:

• Confidentiality of Customer Information: TZ Creation maintains a strict policy of not sharing any customer information, including project details and contact information, with any third parties. We are committed to keeping all client information confidential and secure at all times.
• Post-Project Disparagement: Upon successful completion of the project, both TZ Creation and the client agree not to intentionally defame or disparage each other with respect to matters arising after project completion. We encourage a respectful and professional relationship between all parties involved.
• Defamatory Comments: After project completion, both TZ Creation and the client agree to refrain from making any defamatory comments, either directly or indirectly, about the other party. TZ Creation will take reasonable measures to ensure that its officers and directors also abide by this policy.
• Confidentiality During the Project: All individuals involved in the project, including employees, officers, consultants, agents, and any other relevant parties, are expected to maintain strict confidentiality. They must not disclose any project-related information intentionally or unintentionally to unauthorized individuals or entities.

9. CUSTOMER SUPPORT

Our Customer Support Team is available from Monday - Friday to answer all of your concerns and queries over the email.

10. TECHNICAL SUPPORT POLICY

At TZ Creation, we strive to provide excellent IT services and consultancy to our clients. While some of our packages may include technical aspects such as website deployment, content management systems (CMS), and email setup, it is important to understand our technical support policy:

Website Deployment

• TZ Creation will deploy the website on a hosting server provided by the client or purchased through us.
• If the hosting service is included in the package, it will be provided as a free service. Otherwise, the client needs to purchase hosting from a third-party service provider.
• If the website is hosted on a third-party web server purchased by the client, TZ Creation will not be responsible for any server or hosting-related issues.
• There is no ongoing Service Level Agreement (SLA) for technical assistance or service outage, unless separately purchased as an ongoing maintenance service.

Website Content Management System (CMS)

• TZ Creation will provide the client with a user manual for using the website CMS.
• TZ Creation will not be responsible for training the client in the usage of the CMS.

Email Setup

• TZ Creation will provide the necessary settings and information for the client to install their emails.
• TZ Creation will not be responsible for installing the emails on the client's end.
• TZ Creation will not provide technical support or assistance in troubleshooting email usage issues as our emails are hosted on open servers accessible by all service providers.

Please note that TZ Creation is not responsible for any failures on the client's end to execute, install, or learn the usage of the aforementioned services. It is the client's responsibility to handle these aspects and seek appropriate technical assistance if required.

11. COMMUNICATION POLICY

At TZ Creation, we have established a communication policy to ensure effective and official communication between our clients and our team. Please take note of the following guidelines:

• All feedback requests, revision requests, refund requests, or any other instructions related to your order must be submitted through the specified medium of communication by TZ Creation in order to be considered official.
• TZ Creation will not be held responsible for any communication conducted via platforms other than pecified medium of communication by TZ Creation or through phone numbers not provided by us or listed on our official website.
• Official communication should be conducted through emails sent to info@tz-creation.tabrezdal.com. These emails will be considered as valid forms of communication.
• We cannot take responsibility for any damages, issues, or delays arising from communication made through channels not provided by TZ Creation.
• We assume full responsibility for all information shared through our official domains.