Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Once accepted, these Terms of Service, in combination with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (collectively the "Terms"), become a binding legal commitment between you (or the business entity that you represent) and My Biz Solution Limited and its respective officers, directors, successors, and assigns (hereinafter referred to as "My Biz Solution," "we," or "us"). These Terms govern your access to and use of the platform and all other interactions with My Biz Solution related to the platform.

If you do not agree to these Terms, do not accept them, create an account, or use the platform. In the event of a conflict between these Terms of Service and the additional agreements incorporated herein by reference, these Terms of Service shall prevail.

My Biz Solution reserves the right to make changes to these Terms at any time, with all changes effective immediately when posted. Your continued use of the platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Please consult a solicitor for legal advice to ensure your use of the platform complies with these Terms and applicable law.

You have to be at least 18 years old to use our platform and services.

1. Use of the Platform

1.1. Age Restrictions: You must be at least 18 years old to use the platform. By accepting these Terms, creating a Platform Account, or using the platform, you represent that you are at least 18 years old. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") to create a Customer account and/or use the platform, you agree to:   - Supervise the Minor’s use of the platform and their account.   - Assume all risks associated with, and liabilities resulting from, the Minor’s use of the platform and their Customer account.   - Ensure that the content on the platform is suitable for the Minor.   - Ensure all information submitted to us by the Minor is accurate.   - Provide the consents, representations, and warranties contained in these Terms on the Minor’s behalf.

1.2. Platform Account Ownership: Your use of the platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The platform is intended for business use or in connection with an individual's trade, craft, or profession. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these Terms. In such a case, the business entity is the owner of the Platform Account.

1.3. Intended Use: You and your customers may use the platform only for lawful purposes and in accordance with these Terms. You agree not to use the platform in any way that violates any applicable law or regulation or engage in any prohibited uses. You also represent and warrant that:   - You and your customers will maintain in effect all licences, permissions, consents, and permits necessary to carry out your obligations under these Terms.   - You are responsible for your actions and those of your employees, agents, and customers who use the platform.   - You, your employees, agents, and customers will not misrepresent the platform or the services.   - You will provide these Terms to your employees, agents, and customers, and ensure they understand them.   - You own or control all rights in and to all content you provide to My Biz Solution, including any code provided to customise the platform for your customers.   - You will cooperate reasonably regarding information requests from law enforcement, regulators, or telecommunication providers.

1.4. Privacy: By using the platform and providing information on or through the platform, you consent to My Biz Solution's use and disclosure of the information in accordance with the GDPR and the UK Data Protection Act 2018. My Biz Solution's Privacy Policy is available here and is incorporated by reference. You also need to implement and enforce your own Privacy Policy for your customers, ensuring it provides at least an equivalent level of protection.

1.5. Login Credentials: You are responsible for maintaining the confidentiality of your login credentials and for all uses of your Platform Account, authorised or not. Notify My Biz Solution immediately of any unauthorised access to or use of your account or login credentials, or any other security breach. My Biz Solution reserves the right to disable your login credentials at any time, for any reason or none at all.

1.6. Use of Communication Services: The platform may include communications features such as SMS, MMS, email, and voice calls. You are responsible for ensuring all communications sent via the platform comply with applicable laws, including GDPR, UK Data Protection Act, and CAN-SPAM Act.

1.7. Third-Party Services: The platform may leverage third-party services. My Biz Solution is not responsible for usability or accessibility of third-party services. If you pause or delete your account for over 30 days, My Biz Solution may release associated phone numbers or delete account content.

1.8. Third-Party Content: The platform may include third-party content. Your use of third-party content is at your discretion and risk. My Biz Solution disclaims responsibility for third-party content or endorsements.

1.9. Customisations: The platform may allow custom branding, but My Biz Solution may remove modifications at any time without notice or liability.

1.10. Excessive Use Restrictions: My Biz Solution may require you to upgrade your plan if your data use is excessive, suspend or terminate your use, or reduce data usage.

1.11. Platform Updates: My Biz Solution reserves the right to update the platform at any time, affecting its mode of operation. Your use is not contingent on future features or services.

1.12. International Use: If you are in an embargoed country or sanctioned entity, you are prohibited from using the platform. Access from outside the UK or EU is at your own risk, and you must comply with local laws.

2. Prohibited Uses: Engaging in any of the following constitutes a breach of these Terms, resulting in immediate suspension or termination:   

• - Violating applicable laws or regulations.   

- Exploiting or harming anyone.   

• - Sending unlawful advertising or promotional material.   

- Impersonating My Biz Solution or another person.   

- Interfering with the platform or its users.

3. Intellectual Property Rights:   -

• - We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.   

• - My Biz Solution grants a non-exclusive licence to access and use platform content.   

• - User contributions are non-confidential, granting My Biz Solution a perpetual licence to use them.    

• - Any content on your Platform must not be unlawful, harassing, defamatory, infringing, or in breach of the platform’s security.   

• - You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.   

• - You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.   

• - Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.   

• - You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.   

• - If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

4. Payment:

4.1. Fees: Fees and communication surcharges are billed in advance and are non-refundable. You must provide accurate billing information and notify changes within 10 days.

4.2. Taxes: You are responsible for all taxes associated with the platform, including transactions with your customers. My Biz Solution may collect taxes as needed.

4.3. Overdue Amounts: Failure to pay may result in suspension or termination of access. Legal action may follow.

4.4. Disputes: Notify My Biz Solution within 60 days of billing for any disputes.

5. Affiliate Program: Participation is subject to approval and acceptance of the Affiliate Agreement.

6. No Reliance on Information: The content on our site is provided for general information only. Results will vary and we provide no guarantee of revenue or results. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.

7. Disclaimers: The platform is provided "as is" without warranties. My Biz Solution disclaims liability for any damage, interception, or loss of data.

8. Limitation of Liability: Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

· use of, or inability to use, our site or Platform; or 

·   use of or reliance on any content displayed on our site. If you are a business user, please note that in particular, we will not be liable for: 

·   loss of profits, sales, business, or revenue; 

·   business interruption; 

·   loss of anticipated savings; 

·   loss of business opportunity, goodwill or reputation; or 

·   any indirect or consequential loss or damage. 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you.

9. Limitation on Time to File Claims: Claims must be filed within three months.

10. Injunctive Relief: My Biz Solution may seek equitable relief in case of breach.

11. Waiver and Severability: No waiver or invalid provision affects other Terms.

12. Change of Control: My Biz Solution may assign its rights without notice.

13. Entire Agreement: These Terms constitute the entire agreement and supersede prior agreements.

14. Viruses:    

• - We do not guarantee that our site will be secure or free from bugs or viruses.     

• - You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.   

• - You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.    

• - You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.    

• - You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.    

• - By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

15. Linking to our Site:    

• - You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.    

• - You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.   

• - You must not establish a link to our site on any website that is not owned by you.   

• - Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.   

• - We reserve the right to withdraw linking permission without notice.    

• - The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact [email protected] 

• 16. Termination:

16.1. Grounds for Termination: My Biz Solution may terminate access at any time.

16.2. Right to Services: Services cease upon termination.

16.3. Termination by Third Parties: Third-party subscriptions must be terminated through the original provider.

17. Applicable Law and Dispute Resolution:   

- If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.   

- If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

18. Communications: All notices shall be made via email. My Biz Solution can be contacted at [email protected].