2. Account Terms

• To avail and enjoy the Services, you must complete the registration for a Flycard Account ("account"). This necessitates furnishing your complete legal name, current residence, contact number, valid email address, and any other mandatory information. Flycard reserves the right to decline your account application or terminate an existing account at its discretion and without stating reasons.
• To open an account, you must either be (i) a minimum of 18 years old, or (ii) of legal age as defined by the jurisdiction you reside in and from which you access the Services.
• You affirm that any Services you receive from Flycard are intended for business-related activities, not for personal, household, or family purposes.
• You acknowledge that the email address you provide during account registration or as updated by you will serve as the primary means of communication between Flycard and you.
• Safeguarding your password is your responsibility. Flycard cannot be held accountable for any losses or damages arising from your inability to secure your account and password.
• Should you breach any term outlined in the Terms of Service, including the FUP, as determined solely by Flycard, your Services may be terminated immediately.

3. General Conditions

Before becoming a Flycard User, you are required to carefully read, agree to, and accept all the terms and conditions outlined in these Terms of Service, which include the Fair Use Policy (FUP) and the Privacy Policy.

• Technical support is exclusively provided to Flycard Users concerning the Services.
• These Terms of Service shall be governed by and construed per the laws of India applicable therein, regardless of conflict of laws principles.
• You acknowledge and consent that Flycard retains the right to amend these Terms of Service at any time. Amendments become effective upon posting on Flycard's website at https://flycard.contact/terms. Continued usage of the Services after such amendments constitutes your acceptance of the modified Terms of Service. If you disagree with the changes, please discontinue using the Service.
• The use of Flycard Services for illegal or unauthorized purposes is prohibited. You commit to adhering to all applicable laws, regulations, and obligations under these Terms of Service.
• Without explicit written permission from Flycard, you shall not reproduce, duplicate, sell, resell, copy, or exploit any aspect of the Service or access to it.
• You shall refrain from purchasing search engine or pay-per-click keywords (such as Google AdWords) and domain names that incorporate Flycard's trademarks or variations thereof.
• Queries about the Terms of Service should be directed to Flycard Support.
• You acknowledge that your Materials may be transmitted unencrypted and undergo alterations to meet technical requirements during network transmission.
• Your use of the Services, along with information transmitted or stored by Flycard, is regulated by its privacy policy at https://flycard.contact/privacy-policy.
• All provisions of these Terms of Service are binding on the parties involved and extend to their heirs, successors, permitted assigns, and legal representatives. Flycard is entitled to assign these Terms of Service without notice or consent. You cannot assign or transfer the Terms of Service, or your rights and obligations therein, to a third party without Flycard's prior written consent.
• If any provision or part thereof is deemed invalid, illegal, or unenforceable, it shall not impact the validity of other provisions within these Terms of Service.

4. Flycard Contracting Party

Collection and Purpose of Information:

This User Agreement is subject to interpretation in line with the relevant laws of India. Disputes arising from our service or website will be resolved in the courts of Chennai.

Both parties submit to the exclusive jurisdiction of the courts in Chennai for any dispute or claim arising from or related to the Terms of Service.

5. Flycard Rights

• We retain the right to alter or terminate the Services at any time, without prior notice, for any reason. Availability of Services and features may vary by jurisdiction, and we are not obligated to provide any Service or feature in any particular jurisdiction.
• We hold the right to decline service to anyone, for any reason, at any time.
• Verbal or written abuse towards any Flycard customers, employees, members, or officers will lead to an immediate termination of the Account.
• We retain the right to offer our services to your competitors and make no commitment to exclusivity within any specific market segment. You acknowledge that Flycard employees and contractors might also be Flycard customers/merchants and could compete with you. However, they may not use your Confidential Information (as defined in Section 6) for competitive purposes.
• In cases of disputes regarding Account ownership, we reserve the right to request documentation to establish or confirm ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, your role as an entity's employee, and more.
• Flycard retains the discretion to determine rightful account ownership and may transfer an account to the rightful owner. If determining the rightful owner is not possible, Flycard reserves the right, without prejudicing other rights, to temporarily disable an account until the dispute is resolved between the parties.

6. Confidentiality

• “Confidential Information” shall include but shall not be limited to, any and all information associated with a party’s business and not publicly known and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Flycard's Confidential Information includes all information that you receive relating to us or the Services, that is not known to the general public, including information related to our security program and practices.
• Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and per any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
• Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without the use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability

Flycard will not be held liable for direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the Service, subject to applicable laws.

To the extent permissible by law, Flycard shall not be liable for lost profits or special, incidental, or consequential damages arising from our site, Services, or these Terms of Service.

Your use of the Services is at your own risk, without warranties, and "as is."

Flycard does not guarantee uninterrupted, secure, or error-free Services, nor the accuracy of results or the quality of products or services obtained.

8. Waiver and Complete Agreement

The failure to enforce a provision does not waive our right to do so later. These Terms of Service, including incorporated documents, constitute the full agreement governing your use of the Services and supersede prior agreements.

9. Intellectual Property Rights

Service Content, Software, and Trademarks: You acknowledge and consent that the Service may comprise content or features ("Service Content") that are safeguarded by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as explicitly authorized by Flycard, you undertake not to modify, replicate, frame, scrape, rent, lease, sell, distribute, or create derivative works from the Service or the Service Content, wholly or partly. Your use of the Service must not involve data mining, robots, scraping, or similar data-gathering methods. In the event of your access being blocked by Flycard (including IP blocking), you agree not to employ measures to evade such blockage (e.g., masking your IP or using a proxy IP). Any use of the Service or Service Content not explicitly sanctioned herein is strictly prohibited. The technology and software underpinning the Service or distributed in connection are the property of Flycard, our affiliates, and partners (the "Software"). You agree not to copy, modify, create derivative works, reverse engineer, reverse assemble, or attempt to discover source code, sell, assign, sublicense, or transfer any right in the Software. All rights not expressly granted here are reserved by Flycard.

The Flycard name and logos are Flycard's trademarks and service marks (collectively the "Flycard Trademarks"). Other names and logos of Flycard, products, and services displayed via the Service may be trademarks or service marks of their respective owners who may or may not be affiliated with Flycard. Nothing in these Terms of Service or the Service implies granting any license or right to use any Flycard Trademarks displayed on the Service without our prior written consent for each instance. Any goodwill arising from the use of Flycard Trademarks will exclusively benefit us.

Third-Party Material: Under no circumstances will Flycard be held liable for any content or materials from third parties (including users), including errors or omissions in such content. You acknowledge that Flycard does not pre-screen content but retains the right (though not the obligation) to refuse or remove any Content available through the Service. You accept that you must assess all risks related to content use, including reliance on its accuracy, completeness, or usefulness.

User Content Transmitted Through the Service: Regarding Content or other materials transmitted through the Service or shared with other users (collectively "User Content"), you affirm that you hold all rights in and to such User Content, including copyrights and rights of publicity. By transmitting User Content, you grant Flycard and its affiliates a license to deliver User Content to intended recipients. You understand User Content excludes "System Data," owned by Flycard. "System Data" refers to aggregated, anonymous data about Services that generates logs, statistics, and reports. It doesn't include contact info or Personal Data from your contacts uploaded or received through the Service.

You acknowledge Flycard may preserve and disclose content if legally required or in good faith belief that it's essential to (a) comply with legal processes, laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims of content violating third-party rights; or (d) protect Flycard, its users, and the public's rights, property, or safety. Technical processing and transmission of the Service, including your content, might involve (a) transmissions over networks; and (b) changes to conform to technical needs of connecting networks or devices.

10. Cancellation and Termination

• You may cancel your Account and terminate the Terms of Service at any time by contacting Flycard Support and then following the specific instructions indicated to you in Flycard’s response.
• Upon termination of the Services by either party for any reason, Flycard will cease providing you with the Services and you will no longer be able to access your Account
• We reserve the right to modify or terminate the Flycard Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose before the date of termination.
• Fraud: Without limiting any other remedies, Flycard may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

11. Third Party Services

Flycard may from time to time recommend, provide you with access to, or enable third-party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

• Any use by you of Third Party Services on Flycard’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
• We do not provide any warranties or make representations to you concerning Third Party Services. You acknowledge that Flycard has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Flycard. Flycard does not guarantee the availability of Third Party Services and you acknowledge that Flycard may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Flycard is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Flycard strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
• If you enable a Third Party Service for use with the Services, you permit us to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Flycard is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
• The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Flycard is not obligated to intervene in any dispute arising between you and a Third Party Provider.
• Under no circumstances shall Flycard be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Flycard has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
• You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Flycard partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

12. Beta Services

From time to time, Flycard may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all users (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Flycard will provide to you before your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Flycard Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Flycard’s prior written consent. Flycard makes no representations or warranties that the Beta Services will function. flycard may discontinue the Beta Services at any time in its sole discretion. Flycard will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as the final version. Flycard may change or not release a final or commercial version of a Beta Service at our sole discretion.

13. Feedback and Reviews

Flycard welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to flycard be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Flycard (whether submitted directly to Flycard or posted on any Flycard-hosted forum or page), you waive any and all rights in the Feedback and that Flycard is free to implement and use the Feedback if desired, as provided by you or as modified by Flycard, without obtaining permission or license from you or any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Flycard must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Flycard reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers but does not regularly inspect posted Feedback.

14. Rights of Third Parties

Save for Flycard and its affiliates, Flycard Users or anyone accessing Flycard Services according to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

15. Privacy & Data Protection

Flycard is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Flycard’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.