Terms and conditions

For Buyers & General Users

This End User Agreement is an agreement between the Payment Service Bizify.me and the User buying Digital Products from the Content Provider(s) using our Payment Service Bizify.me. The Bizify.me Service is available for adults aged 18 years and older. If you are under the age of 18, you are not allowed to use the Bizify.me Service nor enter into this agreement.

The term User is hereafter also referred to as the End User, Customer, or Buyer, the agreement is stipulating the conditions in relation to the Buyer’s usage of The Bizify.me Service as specified below. This End User Agreement, including its appendices, will herein jointly be referred to as The Agreement.

CAREFULLY READ THE TERMS AND CONDITIONS STIPULATED HEREIN BEFORE YOU SIGN UP. BY SIGNING UP AND/OR USING THE BIZIFY.ME SERVICE, YOU ARE BOUND BY THESE TERMS AND CONDITIONS.

In case of discrepancies between this End User Agreement and its appendices, the documents shall be applicable between Bizify.me and the End User in the following order:

  1. Privacy Policy
  2. End User Agreement
  3. Seller Policy
  4. Cookie Policy

On some occasions the Content Provider has dictated his/her own regulations in relation to his/her Digital Content. In case of discrepancies between this End User Agreement and the Content Provider’s regulations this End User Agreement shall always apply.

1. Definitions

The terms Bizify.me Service, or, Bizify.me Payment Service refers to the usage of our service. The term File Delivering Service refers to the Service that enables the User(s) to handle the upload and delivery of the Digital Objects, and delivery of the user(s) Digital Objects. The term Content, Item(s) or Digital Object(s) will hereafter be used to define Digital File(s) or other type of Media or Information provided by a Content Provider for the purpose of marketing and/or selling Digital Objects online. The term Content Provider(s) or Seller(s) refers to the person(s) selling products or marketing products via the Bizify.me Service. The term End User(s) refers to the person(s) buying Digital Object(s) that are uploaded by the Seller(s) using the Bizify.me Service. The term Credit(s) refers to the virtual currency used to buy Digital Objects available on Bizify.me. The term Chargeback refers to a demand by a credit card provider to get a refund in relation to a fraudulent or disputed transaction.

Content: Digital file(s) or Object(s) provided by the Content Provider, and marketed and/or sold by the Content Provider using Bizify.me. The combined Products uploaded and provided by the Content Provider constitute the Content. Store: Store(s) administered by the Content Provider by means of using The Bizify.me Service for marketing, selling, collecting payment and administering the Content. Buyer Account: The user account, which is set up by the Buyer for the use of the Bizify.me Service.

Background
Bizify.me is a Payment Service that enables everyone to buy and sell Digital Objects online. Content Providers can upload their own Digital Objects through the File Delivering Service that Bizify.me is providing to the User(s). The File Delivering Service is separated from the Payment Service.

Bizify.me does not have a general virtual marketplace; The Content Provider is solely responsible for the marketing of his/her Digital Object(s) and/or website unless there is an explicit agreement made between the Content Provider and Bizify.me and/or a third party.

Digital Objects may include, but are not limited to pictures, video clips, flash games, memberships, music, documents, e-books, audio books and/or other software. The Digital Objects must be provided by, and owned by, the Content Provider (Seller). The Seller is responsible for all Digital Objects uploaded and sold via the use of the Bizify.me Service. The Seller is solely responsible for the uploaded Digital Objects at his/her Seller Account.

2. Introduction

You hereby agree to take full responsibility for your actions conducted under applicable law.

You may find Content offensive, harmful, inaccurate or misleading. Please be careful and use common sense when using the Bizify.me Service. Also note that there may be a risk that you are dealing with underage persons or people acting under false pretenses. By using The Bizify.me Service you agree to these risks, and also agree that we are not responsible for your usage of The Bizify.me Service or acts and omissions carried out by any individual(s) using the Bizify.me Service.

Bizify.me disclaims any liability towards the End User for the acts, omissions and conducts of the End User(s), Content Provider(s) or any third parties in connection with or related to the usage of The Bizify.me Service.

Bizify.me do not have control over, or filter the Content Provider’s website(s) on which The Bizify.me Service is used. Bizify.me is not liable for the information or Digital Objects uploaded in the Content Provider(s) Store at his/her website, blog, or any other channel in which Digital Objects are distributed. Bizify.me do not screen or have control over the marketing of Digital Objects performed by the Content Provider(s).

Bizify.me directors, employees, representatives or anyone else directly associated with, or working for Bizify.me, do not accept any responsibility or liability for any damages, injuries, losses, claims, expenses or grievances of any form arising through the use of the Bizify.me website and the Bizify.me Services.

3. Rights to Content

3.1. Bizify.me does not own, or have any control over, the Digital Objects uploaded and sold through The Bizify.me Service nor have any control over the Digital Objects’ quality, safety, legality, marketing of the Objects, descriptions of the Objects or the veracity or accuracy of Objects, nor the Seller’s ability to sell Digital Objects or the Buyer’s ability to purchase Digital Objects. Bizify.me cannot be held responsible if the offering, sale, purchase, export or import of any Digital Object(s) is invalid and/or illegal.

3.2. DMCA
It is our policy to fully comply with the terms of the DMCA and to remove any Digital Objects which we are notified infringes upon the copyrights of any third party. We do not allow any infringing Digital Objects on our servers through our assigned servers.

The Content Provider is solely responsible for any Content uploaded or otherwise provided for the purpose of using the Bizify.me Service. The Content Provider is further solely responsible for ensuring that such Content will not infringe or violate any third party’s rights, including but not limited to intellectual property rights, such as for example copyrights or trademark rights.

3.3. Intellectual Property Rights
No intellectual property rights or any other rights are granted or transferred to Bizify.me by the Content Provider when using The Bizify.me Service or by providing Content pursuant to the Agreement, unless otherwise specifically stated in the Agreement or other agreements made between the Content Provider and Bizify.me and/or a third party. If an End User or third party should have any claim against a Content Provider as a result of the Content Provider’s use of the Bizify.me Service, the End User agree to assert this claim independently and without interference from Bizify.me. The End User also releases Bizify.me (and our parent company, subsidiaries, affiliates, officers, directors, agents, and employees) from all claims, liabilities, damages, losses, costs and expenses, including legal fees, known and unknown, arising out of, or in connection with, such claims.

3.4. Disputes or Conflicts
Bizify.me does not in any manner interfere in the resolve of disputes or conflicts involving the Content Provider, the End User or/and any third party relating to claims of infringement of intellectual property, including but not limited to copyright disputes or trademark disputes, unless Bizify.me is ordered to act in accordance with a decision by a competent court of law that has acquired legal force. Bizify.me disclaims any liability towards the End User for the acts, omissions and conducts of any third parties in connection with or related to the Content submitted from a Content Provider’s account.

4. Code of Conduct

You may not use The Bizify.me Service for any illegal activities or activities that:

4.1. Violate any law, statute, ordinance or regulation.

4.2. Relate to transactions involving: 1) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) drug paraphernalia, (3) Items that encourage, promote, facilitate or instruct others to engage in illegal activity, (4) stolen goods including digital and virtual goods (5) Objects that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (6) Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.

4.3. Relate to transactions that (1) show the personal information of third parties in violation of applicable law, (2) support pyramid or ponzi schemes, matrix programs, other schemes or certain multi-level marketing programs, (3) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (4) are associated with the sale of traveler’s cheques or money orders, (5) involve currency exchanges or cheque cashing businesses, or (6) involve certain credit repair, debt settlement services, credit transactions or insurance activities.

4.4. Involve the sales of Digital Objects or services identified by government agencies to have a high likelihood of being fraudulent.

4.5. Violate applicable laws or industry regulations regarding the sale of prescription drugs and devices.

4.6. Involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Bizify.me and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

As a User of The Bizify.me Service you also agree not to:

4.7. Sell any of the downloaded content to a third party.

4.8. Spread, upload or view any of the Digital Content to a third party. If Digital Content is spread by the End User, the End User might be obliged to give compensation to the Content Provider for lost revenue arising from this event. The compensation will be based on the amount of downloads. If no such data is available the End User might be obliged to compensate the Content Provider with an estimated fee, related to the estimated loss of income.

4.9. Share your Bizify.me Buyer account to any third party without the written consent of Bizify.me.

4.10. Attempt to manipulate, hack, exploit, or interfere with the payment system in any way.

5. Security

All personal information gathered by Bizify.me for the purpose of providing the Bizify.me Service are protected by Transport Layer Security (TLS). Bizify.me will use all reasonable measures to secure Bizify.me’s servers, and the personal information and Content stored within. The Buyer acknowledges that full privacy and/or security can never be guaranteed when it comes to Internet transactions and/or transmissions.

6. Communication

As a registered user you agree to receive Bizify.me’s newsletter upon accepting this agreement and/or other communications related to your use of the Bizify.me Service via the messaging function and/or your provided e-mail address. You have the option to unsubscribe from the newsletter at any time through the unsubscribe link which can be found in the newsletter. Certain other communication, like that pertaining to the security of your account or the veracity of your identity, can not be disabled.

7. Interruption or Loss of Services

Bizify.me does not accept liability for any losses arising from a failure to provide the Bizify.me Service, including but not limited to damage or interference with any systems, servers or computers. Bizify.me does not accept liability for any losses arising from any third parties, including but not limited to, banks, telephone companies and/or other third parties who for any reason fail to provide their services to Bizify.me and thereby disturbs or inhibits the use of the Bizify.me Service for the end user. Bizify.me disclaims any liability towards the End User if, for any reason, Bizify.me will cease to exist and/or the service can no longer be provided to the End User. Credits not spent within 180 days will not be refundable and will be collected by Bizify.me.

8. Buyer Account

8.1. As a Buyer you are required to have a login and password to use the Bizify.me Service. The Buyer is solely responsible for protecting and maintaining the confidentiality of the Buyer Account information, including the Buyer Account’s Username and Password.

You are fully responsible for any consequences that may arise from your password being obtained by a third party, even if these actions were not approved or condemned by you. Bizify.me reserves the right to decline your Buyer Account at any time without further notice or explanation.

8.2. Personal Data
Bizify.me will process all personal information which is gathered for the purpose of providing the Buyer with The Bizify.me Service subject to the terms and conditions of this Agreement in accordance with the Swedish Personal Data Act (1998:204) and the European General Data Protection Regulation (2016/679). Bizify.me reserves the right to store all information related to the User Account on the Bizify.me Servers as long as the Buyer has an existing User Account at Bizify.me and possibly beyond, for security and statistical purposes. Bizify.me also reserves the right to compile information linked to the Buyer Account into reports containing information related to the Bizify.me Service and the Buyer’s use thereof, and if mandated by law, send such reports to third parties, such as governmental authorities or other authorities.

8.3. Fraudulent Activity
In case of suspicion of fraudulent activity connected to the Buyer’s use of The Bizify.me Service the Buyer Account, existing Credits may be 1) frozen until the matter is further investigated or 2) if fraudulent activity is confirmed, existing Credits will be withhold and the Buyer Account will be permanently frozen.

8.4. Inactivity
If a Buyer has not logged in to his or her Buyer Account for a period of 180 days or more, Bizify.me will flag the Buyer Account as inactive and the current balance of Credits at the Buyer Account will be reset to zero. Reset Credits are not refundable and cannot be reactivated.

9. Price and Payment for the Content

9.1. Returns and Availability
The Content Provider is solely responsible for the price setting and availability of each Digital Object uploaded through the Content Provider’s account. Bizify.me can therefore not be held responsible if the Content Provider fails to follow our guidelines and stipulated rules.

If a Buyer has purchased a Digital Object that is erased before the Buyer has gotten access to the Digital Object, including but not limited to objects that are erased due to containing material that is illegal by Swedish law and/or by law in the applicable jurisdiction and/or material that defies Bizify.me’s policies and/or the Agreement and/or objects that are erased by the Content Provider, or if the Digital Object is not congruent with its given description the Buyer may have the right to receive a refund of Credit(s) transferred to the Buyer Account. Refunds can only take place after a complaint has been formally submitted by the Buyer to Bizify.me, and only for a period of 7 days after the purchase of the Object has taken place.

9.2. Subscriptions
If a Buyer has initiated a subscription, Bizify.me will continually renew the subscription until the Buyer chooses to cancel the subscription. If there is not a sufficient number of Credits on the Buyer’s account to be able to renew the subscription, Bizify.me will automatically charge the Buyer with any of the payment methods that the Buyer have linked to his or her account. Bizify.me will charge the Buyer the minimum number of Credits based on the available price levels for Credits to be able to renew the subscription. Any Credits left over after the subscription has been renewed can be used by the Buyer to purchase new Digital Objects or be used to renew the subscription the next time the subscription is to be renewed. The Buyer can at any moment cancel the subscription and also remove any payment method connected to the Buyer account by logging in to his or her account.

10. Right to Withdrawal

You understand that by taking part of, and/or initiating the use of The Bizify.me Service and/or by purchasing Digital Objects offered through the Bizify.me Service, there is no right to withdrawals. Money exchanged for Credits cannot be refunded. A Buyer might however have the right to get a refund in form of Credits under the circumstances stipulated in article 9.

11. Warranty

Any express warranties in this Agreement are in lieu of all other warranties, representations and guarantees of any kind by Bizify.me. Except as expressly set forth in this Agreement, all products, services and other materials (if any) are provided by Bizify.me and accepted by the End User as is and as available. All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Bizify.me, including but not limited to any warranties of accuracy, non infringement, merchantability and fitness for a particular purpose. Bizify.me does not warrant that the Store Application Tool and Associated Software, The Bizify.me Service or any other product or service provided hereunder will meet the End User’s requirements or that the End User’s access or use will be uninterrupted, error free, completely secure or free of viruses, contamination or other harmful software. This article will survive the termination of this Agreement.

12. Limitation of liability

Bizify.me is merely a provider of a service that allows its users to buy and sell Digital Content. Bizify.me does not have any control over nor is liable for the quality, safety, legality or any attribute or property of Digital Objects marketed and/or sold via the Bizify.me Service. Bizify.me does not assume any liability for how the End User uses the Bizify.me Service, nor any liability for delay in operations or transmissions, computer viruses, communication line failure or unintentional deletion or loss of data. Bizify.me disclaims any responsibility for the acts, omissions and conducts of any End User or third parties in connection with or related to the End User’s use of the Bizify.me Service, including but not limited to unauthorized access to, or alteration of, the Bizify.me servers. To the extent permitted by law, Bizify.me will not be liable to the End User, for direct or indirect damages, including but not limited to loss of data, lost profits or punitive damages arising out of or relating to this Agreement, or otherwise in connection with or related to the End User’s use of the Bizify.me Services. This article will survive the termination of this Agreement.

13. Indemnity

The End User agrees, to the extent permitted by law, to indemnify and hold Bizify.me, our directors, employees and appointed harmless, and defend Bizify.me at the End User’s expense from and against any and all claims from a third party due to the End User’s use of The Bizify.me Service and this Agreement, including but not limited to claims of infringement of copyright, trademarks, trade names, or any other intellectual property rights arising from or in connection with the End User’s use of the Bizify.me Service. The terms of this agreement are enforceable under the law of Sweden. This article will survive the termination of this Agreement.

14. Term and Termination

This Agreement is effective until the End User terminates the agreement by closing the Buyer Account. Bizify.me is entitled to close the Buyer Account and terminate the Agreement with immediate effect if Bizify.me acknowledges that circumstances which in Bizify.me’s sole discretion constitute a breach of the code of conduct (article 4 above) or any other of Bizifiy.me’s policies has occurred. Such a situation shall always be deemed to constitute a material breach of this Agreement, whether Bizify.me has taken any actions as stated therein or not. Bizify.me is not liable to the End User or to any third Party for any damages caused by Bizify.me’s termination of this Agreement due to a material breach of this Agreement and/ any other of Bizify.me’s policies and/or for any other reason. In the event the terms and conditions of this Agreement is amended by Bizify.me, as stipulated in article 16 below, the End User may terminate this Agreement with immediate effect provided such termination is made prior to the amended Agreement taking effect.

15. Consequences of Termination

Upon termination of this Agreement by either party, regardless of reason, Bizify.me may close the Buyer’s user account and deny access to purchased Content. Money exchanged into Credits will not be refunded to the Buyer.

16. Adjustments of the Agreement

Bizify.me has the right to alter and/or adjust the terms and conditions stipulated in this Agreement. Alterations and/or adjustments and/or other amendments to the Agreement or any other of Bizify.me’s policies will be available and displayed on the Bizify.me website. Bizify.me may also alter and/or adjust the terms and conditions of this Agreement without further notice if necessary due to reasons beyond Bizify.me’s control, such as for technical reasons, or changes in law or decision by a governmental authority.

17. Assignment of the Agreement

The End User may not wholly or partly assign or pledge its rights and/or obligations under this Agreement to any third party without the prior written approval of Bizify.me

18. Headings

The division of this contract into separate articles and the insertion of headings shall not affect the interpretation of this Agreement.

19. Waiver

No consent or waiver, express or implied, by either party of any breach or default of the other party in performing its obligations under this Agreement shall be deemed or construed to be a consent or waiver of any other breach or default by the other party of the same or any other obligation hereunder. Any failure by one party to complain of any act or failure to act on the other party or to declare that other party in default shall not constitute a waiver by the first party of its rights under this Agreement. No waiver of any rights under this Agreement shall be effective unless in writing and signed by the party purporting to give the same.

20. Entire agreement

The Agreement constitutes the entire agreement between the parties on all issues to which the Agreement relates. The contents of the Agreement and its appendices supersede all previous written or oral commitments and undertakings.

21. Severability

If any provision of this Agreement or part thereof is held invalid, this shall not affect the remaining provisions of the agreement, unless the obligations of a party hereto without the invalid part of the agreement are or will become unreasonably onerous.

22. Governing Law and disputes

This Agreement shall be construed in accordance with and be governed by the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by a Swedish general court of law, and the district court of Falun in Sweden as the first instance.


For Sellers & Content Providers

These General Terms and Conditions are an agreement between Bizify.me and the Content Provider for the Content Provider’s use of The Bizify.me Service as specified below. The Bizify.me Service is available for adults aged 18 years and older. If you are under the age of 18, you are not allowed to use the Bizify.me Service nor enter into this agreement.

The term Content Provider is hereafter also referred to as the User, End User, Seller, or Customer. This End User Agreement, including its appendices, will herein jointly be referred to as The Agreement.

CAREFULLY READ THE TERMS AND CONDITIONS STIPULATED HEREIN BEFORE YOU SIGN UP. BY SIGNING UP AND/OR USING THE BIZIFY.ME SERVICE, YOU ARE BOUND BY THESE TERMS AND CONDITIONS.

In case of discrepancies between this End User Agreement and its appendices, the documents shall be applicable between Bizify.me and the End User in the following order:

  1. Privacy Policy
  2. End User Agreement
  3. Seller Policy
  4. Cookie Policy

On some occasions the Content Provider has dictated his/her own regulations in relation to his/her Digital Content. In case of discrepancies between this End User Agreement and the Content Provider’s regulations these General Terms and Conditions shall always apply.

1. Definitions

1.1. The term The Bizify.me Service refers to the usage of The Bizify.me Service, and the Service itself. The term File Delivering Service refers to the Service that enables the User(s) to handle the upload and delivery of the Digital Objects, and the delivery of the user’s Digital Objects to the End User(s). The term Content, Item(s) or Digital Object(s) will hereafter be used to define Digital File(s) or other type of Media or Information provided by the Content Provider for the purpose of marketing and/or selling Digital Objects online. The term Content Provider(s) or Seller(s) refers to the User(s) selling products or marketing products via The Bizify.me Service. The term Credit (s) refers to the virtual currency used to buy Digital Objects at Bizify.me. The term End User(s) refers to the visitor(s) buying Digital Objects that are uploaded by the Content Provider(s) using Bizify.me. The term User Generated Content refers to content, including but not limited to movies, images, banners etc. created by a Content Provider. The term Chargeback refers to a demand by a credit card provider to get a refund in relation to a fraudulent or disputed transaction. The Bizify.me Service refers to the services provided by Bizify.me according to this Agreement, including 1) Store Application Tool, 2) Store Administration, 3) Internet Payment Gateway 4) Storage with a free File Delivering Service. The term Store Application Tool refers to a Store Application Tool developed, marketed and provided by Bizify.me; part of The Bizify.me Service.

The term Store Administration refers to the back-end administration of Store(s) provided by Bizify.me; part of The Bizify.me Service. The term Internet Payment Gateway refers to the Payment Gateway available for the users of The Bizify.me Service. The term Storage refers to the File Delivery and File Storage offered on servers owned by Bizify.me; part of The Bizify.me Service, which are free of charge and excluded from the Internet Payment Gateway Service. The term Store refers to Store (-s) administered by the Content Provider by means of using The Bizify.me Service to market, sell, collect payment and administer the Content at their website and/or blog or other media channel.

Background
Bizify.me is a Payment Service that enables anyone to buy and sell Digital Objects online.  The Content Provider can upload his/her own Digital Objects through the File Delivering Service that Bizify.me is providing to the User(s). The File Delivering Service is free of charge and is separated from the Payment Service.

Bizify.me does not have a general virtual marketplace; The Content Provider is solely responsible for the marketing of his/her Digital Object(s) and/or website unless there is an explicit agreement made between the Content Provider and Bizify.me and/or a third party.

Digital Objects may include, but are not limited to pictures, video clips, flash games, memberships, music, documents, e-books, audio books and/or other software.

The Seller is responsible for all Digital Objects uploaded and sold via the use of the Bizify.me Service. The Seller is solely responsible for the uploaded Digital Objects at his/her Seller Account. The Digital Objects may be purchased by and may be visible to any third party who has entered into the End User Agreement, and who has created a Bizify.me User Account. Please visit the Bizify.me Website for further information.

2. License

Bizify.me hereby grants, a non-exclusive, nontransferable license (the License) to use The Bizify.me Service and, if applicable, any associated software pertaining to The Bizify.me Service (Associated Software) subject to the terms and conditions contained in this Agreement. Upon accepting this License, the Content Provider accepts not to lease, rent, loan, redistribute, sub-lease, sub-license, copy, disassemble, decompile, reverse engineer or modify The Bizify.me Service or the Associated Software, or to create derivative works from said software.

3. The Bizify.me Service

3.1. The Bizify.me Service includes:
A secure Payment Gateway that enables the Content Provider(s) to sell Digital Objects online at his/her own website or blog. The Payment Gateway Service includes payment via credit card or by cell phone (SMS) and/or any other secure payment gateway Bizify.me may choose from time to time for this purpose.

Separately from the Payment Service, Bizify.me also offers a free File Delivering Service which enables the Content Provider to upload Content to Bizify.me’s servers and to store Content on Bizify.me’s servers (Storage).

The Store Application Tool and Store Administrating Tool enables the User(s) to manage, edit and publish a digital Store at the User(s) individual website or blog. All Content Providers receive their own Seller Account for managing the Content Provider’s personal information. The account also contains sale statistics and information about the Digital Objects for sale.

The Bizify.me Service and Associated Software may be subject to updates or other changes without further notice. Information regarding updates will be made available on the Bizify.me website. The products and services provided as part of The Bizify.me Service may also be subject to changes or adjustments. Notice of such changes or adjustments will be given on Bizify.me’s website before they take effect.

3.2. Bizify.me reserves the right to take measures which may affect the performance of The Bizify.me Service if necessary due to technical, maintenance, operational or security reasons, or because of legal decisions or other decisions by a governmental agency or other authority. If possible, Bizify.me will give notice of such measures on the website beforehand. Please note that Marketing of Digital Objects and/or Marketing of the Content Provider’s website or blog is not included in the Bizify.me Service unless there is an explicit agreement made between the Content Provider and Bizify.me and/or a third party. Bizify.me do not have a general virtual marketplace. The Content Provider(s) has the opportunity to independently market their Digital Objects through means such as sharing hyperlinks to Digital Objects on social media, and so forth.

4. Code of Conduct

You may not use The Bizify.me Service for any illegal activities or activities that:

4.1. Violate any law, statute, ordinance or regulation.

4.2. Relate to transactions involving: 1) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) drug paraphernalia, (3) Items that encourage, promote, facilitate or instruct others to engage in illegal activity, (4) stolen goods including digital and virtual goods (5) Objects that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (6) Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.

4.3. Relate to transactions that (1) show the personal information of third parties in violation of applicable law, (2) support pyramid or ponzi schemes, matrix programs, other schemes or certain multi-level marketing programs, (3) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (4) are associated with the sale of traveler’s cheques or money orders, (5) involve currency exchanges or cheque cashing businesses, or (6) involve certain credit repair, debt settlement services, credit transactions or insurance activities.

4.4. Involve the sales of Digital Objects or services identified by government agencies to have a high likelihood of being fraudulent.

4.5. Violate applicable laws or industry regulations regarding the sale of prescription drugs and devices.

4.6. Involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Bizify.me and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

4.7. The Content Provider is solely responsible for ensuring that 1) any use of The Bizify.me Service, or the Content provided for the purpose of using it via The Bizify.me Service, is lawful and/or is not used for soliciting any illegal activity; and 2) that the Content does not include any material which, in Bizify.me’s sole opinion, is deemed to be offensive, including but not limited to hateful or xenophobic material; and 3) that the Content does not contain any viruses, worms, malware, Trojans or any other harmful software; and 4) that the Content Provider will not intentionally interfere with, or disrupt The Bizify.me Service, or take any action that imposes an unreasonable or disproportionally large load on the infrastructure of The Bizify.me Service or any system or network connected to The Bizify.me Service.

4.8. Bizify.me has the right to take immediate action, including but not limited to inactivating a Seller’s User Account, in order to prevent the distribution of any Content, without any Content Provider or any third party owing any right to compensation, if Bizify.me can reasonably assume that the Content or the Content Provider’s use of The Bizify.me Service is illegal, or if Bizify.me, in its sole discretion, find the Content or the use of The Bizify.me Service to be in violation of the terms and conditions stated under this article 4 or any other of the policies pertaining to the use of the Bizify.me Services. Bizify.me reserves the right to terminate the Agreement if the Content Provider is in breach of the terms stated herein. Upon such termination, article 21 of these General Terms and Conditions is applicable.

Bizify.me reserves the right to retain, in escrow, the revenues from all sales pertaining to Products and/or Content which, to the best of Bizify.me’s knowledge, are violation of the terms and conditions stated under article 4.

5. Rights to Content

5.1. Bizify.me does not own, or have any control over, the Digital Objects uploaded and sold through The Bizify.me Service nor have any control over the Digital Objects’ quality, safety, legality, marketing of the Objects, descriptions of the Objects or the veracity or accuracy of Objects, nor the Seller’s ability to sell Digital Objects or the Buyer’s ability to purchase Digital Objects. Bizify.me cannot be held responsible if the offering, sale, purchase, export or import of any Digital Object(s) is invalid and/or illegal.

5.2. DMCA
It is our policy to fully comply with the terms of the DMCA and to remove any Digital Objects which we are notified infringes upon the copyrights of any third party. We do not allow any infringing Digital Objects on our servers through our assigned servers. The Content Provider is solely responsible for any Content uploaded or otherwise provided for the purpose of using the Bizify.me Service. The Content Provider is further solely responsible for ensuring that such Content will not infringe or violate any third party’s rights, including but not limited to intellectual property rights, such as for example copyrights or trademark rights. Lastly, it is our policy to, at our own discretion, terminate the account of any Content Provider who knowingly infringes upon the copyright of others.

5.3. Intellectual Property Rights
No intellectual property rights or any other rights are granted or transferred to Bizify.me by the Content Provider when using The Bizify.me Service or by providing Content pursuant to the Agreement, unless otherwise specifically stated in the Agreement or other agreements made between the Content Provider and Bizify.me and/or a third party. If an End User or third party should have any claim against a Content Provider as a result of the Content Provider’s use of the Bizify.me Service, the End User agree to assert this claim independently and without interference from Bizify.me. The End User also releases Bizify.me (and our parent company, subsidiaries, affiliates, officers, directors, agents, and employees) from all claims, liabilities, damages, losses, costs and expenses, including legal fees, known and unknown, arising out of, or in connection with, such claims.

5.4. Disputes or Conflicts
Bizify.me does not in any manner interfere in the resolve of disputes or conflicts involving the Content Provider, the End User or/and any third party relating to claims of infringement of intellectual property, including but not limited to copyright disputes or trademark disputes, unless Bizify.me is ordered to act in accordance with a decision by a competent court of law that has acquired legal force. Bizify.me disclaims any liability towards the End User for the acts, omissions and conducts of any third parties in connection with or related to the Content submitted from a Content Provider’s account.

6. Content Provider’s Obligations

6.1. The Content Provider acknowledges that the use of The Bizify.me Service may be subject to certain local, state, national and/or international laws, including but not limited to tax laws, copyright laws and personal data laws. The Content Provider is solely responsible for complying with such applicable laws. The Content Provider is solely responsible for ensuring that any applicable tax, including but not limited to value added tax and income tax, pertaining to any payment received by the Content Provider due to the use of The Bizify.me Service is duly declared and/or paid. The Content Provider is solely responsible for any payment, royalties, damages or any other compensation due to a third party in relation to the Content or the use of The Bizify.me Service. The Content Provider is solely responsible for the functionality of Content sold to the End User. Bizify.me does not interfere in the resolve of disputes or conflicts involving the Content Provider and End User due to the Content, including but not limited to the functionality thereof, unless Bizify.me is ordered to act in accordance with a decision by a competent court of law that has acquired legal force.

6.2. Refunds
Bizify.me reserves the right to implement Refund(s) to the Buyer in cases that include but are not limited to sales of Digital Objects that are of illegal nature, do not fit the given description and/or for some reason malfunction and/or are not delivered to the Buyer. In any such instance Bizify.me might be obliged to or choose to give the Buyer a refund of Credits directly related to the cost of that specific Digital Object(s). If a refund is implemented the Content Provider will lose the Credits and cannot hold Bizify.me responsible or claim any right to the lost income.

The paragraph above is also valid for each transaction that Bizify.me strongly believes could result in a chargeback. In such cases, Bizify.me has the right to withhold an amount equal to the probable amount of the refund from the Content Provider’s account, depending on if the ruling of the Chargeback is current. In the event of a Chargeback, Bizify.me is entitled to deduct the amount of the Chargeback including any and all fines from the Content Provider’s account, or to demand from the user an amount equal to the sum of the refund and any and all fees or fines that are related to the refund. In the event Bizify.me, for any reason, does not receive an End User’s payment for the Content sold through the Internet Payment Solution, Bizify.me may withhold the Content Provider’s revenue for Content sold, until the funds are received by Bizify.me. Bizify.me disclaims any liability towards the Content Provider for the acts, omissions and conduct of any third parties in connection with or related to the usage of The Bizify.me Service, including but not limited to, Content submitted at The Content Provider’s account.

7. Bizify.me’s Rights

All of the copyright, trademarks, trade names and other intellectual property rights at The Bizify.me Service and connected to The Bizify.me Service, including but not limited to the Store Application Tool and Associated Software, are and shall remain the property of Bizify.me

8. Bizify.me’s Obligations

Bizify.me will process all personal information which is gathered for the purpose of providing the Content Provider with The Bizify.me Service subject to the Terms and Conditions of this Agreement in accordance with the Swedish Personal Data Act (1998:204) and the European General Data Protection Regulation (2016/679). When accepting this agreement you also accept that your Personal Data may be processed or viewed by employees at Bizify.me in relation to the delivery of our Service. As long as no fraudulent or illegal activity is detected your Personal Data will not be used, processed, forwarded, spread or sold to any third parties without your written consent.

9. Security

All personal information gathered by Bizify.me for the purpose of providing The Bizify.me Service, and the relevant web pages in the Store are protected by Transport Layer Security (TLS). Bizify.me will use all reasonable measures to secure Bizify.me’s servers, and the personal information and Content stored within. The Content Provider acknowledges that full privacy and/or security can never be guaranteed when it comes to Internet transactions and/or transmissions.

10. Technical Specification

The use of The Bizify.me Service requires Internet access and certain basic skills to implement, as specified on the Bizify.me Website. It is the Content Provider’s sole responsibility to ensure that they meet the necessary requirements as stipulated by Bizify.me from time to time on the Bizify.me Website and that they have integrated and/or set-up the service correctly. Bizify.me disclaims all liability and responsibility for any misconfigurations or any damages or losses arising from improperly configured integrations of the Bizify.me Service.

11. Seller Account

11.1. Seller Accounts are required to have a login and password to use the Bizify.me Service. The Content Provider is solely responsible for protecting and maintaining the confidentiality of the Seller Account information, including the Seller Account’s Username and Password. You are fully responsible for any consequences that may arise from your password being obtained by a third party, even if these actions were not approved or condemned by you.

11.2. Personal Data
Bizify.me will process all personal information which is gathered for the purpose of providing the Content Provider with The Bizify.me Service subject to the terms and conditions of this Agreement in accordance with the Swedish Personal Data Act (1998:204) and the European General Data Protection Regulation (2016/679). Bizify.me reserves the right to store all information related to the Seller Account on the Bizify.me Servers as long as the Content Provider has an existing Seller Account at Bizify.me and possibly beyond, for security and statistical purposes. Information regarding the Seller Account, including Digital Objects and/or transactions related to sales generated from sold Digital Objects is saved on Bizify.me’s servers, and may be accessed by Bizify.me at any time and for any purpose without further notice or explanation. Transaction information and statistics regarding sales generated on the Store can be accessed by the Content Provider at his/her personal Seller Account. Bizify.me also reserves the right to compile information linked to the Seller Account into reports containing information related to the Bizify.me Service and the Content Provider’s use thereof, and if mandated by law, send such reports to third parties, such as governmental authorities or other authorities.

11.3. Fraudulent Activity
In case of suspicion of fraudulent activity connected to the Content Provider’s use of The Bizify.me Service, the Seller Account, including existing Credits, may be 1) frozen until the matter is further investigated, and/or 2) if fraudulent activity is confirmed, existing Credits will be withheld and the Buyer Account will be permanently frozen.

11.4. Inactivity
If a Content Provider has not logged in to his or her Seller Account for a period of 180 days or more, Bizify.me may reset the revenue of the account thereof. For more information, see article 16.

12. Communication

As a registered user you agree to receive Bizify.me’s newsletter upon accepting this agreement and/or other communications related to your use of the Bizify.me Service via the messaging function and/or your provided e-mail address. You have the option to unsubscribe from the newsletter at any time through the unsubscribe link which can be found in the newsletter. Certain other communication, like that pertaining to the security of your account or the veracity of your identity, can not be disabled.

13. Type of Seller Account

Bizify.me offers two types of Seller Accounts: (1) a basic Seller Account, and (2) a pro Seller Account with more advanced settings. Some Content Providers are given access to modify the type of their Seller Account by changing the appropriate settings in the Seller Account. Bizify.me retains the right to freely and without further explanation choose which End Users have access to advanced features and/or other optional features and/or settings available to certain subsets of End Users.

14. Price and Payment for the Bizify.me Service

No monthly fees are charged for the Content Provider’s use of the Bizify.me Service, unless there is an explicit agreement made between the Content Provider, Bizify.me and/or a third party. Bizify.me retains a variable commission from all sales made with the Bizify.me Service.

15. Price and Payment for the Content

The Content Provider is solely responsible for the price setting of each object uploaded at the Content Provider’s personal account. An End User or Content Provider of The Bizify.me Service can exchange money into Credits which are used to buy Digital Objects. The value of a Credit may vary from time to time depending on exchange rates and payment methods. It is the Content Provider’s responsibility to stay updated on the exact value of a Credit. Information regarding the estimated value of a Credit can be found in the Seller Account.

16. Content Provider’s Revenue

Bizify.me shall, to the Bank account (or the equivalent) stated by the Content Provider, transfer the sales amount with 1) Bizify.me’s commission and 2) The bank transfer fee as stipulated by the bank from time to time deducted. A revenue payout to the Content Provider will be made when 1) The Content provider’s revenue is at least 10 EUR and 2) Bizify.me has received the revenue from the payment operators. Upon transfer of the revenue, a sale statement will be available on the Seller Account. Upon termination of this Agreement by either party, regardless of reason, Bizify.me may close the Seller Account, in that event revenue below 10 EUR might be withheld and/or collected by Bizify.me. If a Seller has not logged in to his or her Seller Account for a period of 180 days, or more, Bizify.me will flag the Seller Account as inactive and the current income at the Seller Account will be collected by Bizify.me and reset to zero. Reset income is not refundable. In case of suspicion of fraudulent activity connected to the Content Provider’s use of The Bizify.me Service the Content Provider’s User Account, including the revenue, might be 1) frozen until the matter is further investigated or 2) if fraudulent activity is confirmed, the revenue will be withheld and the Content Provider’s Account will be deleted. If a Content Provider has active subscriptions and removes Content which a Buyer(s) has not yet accessed, Bizify.me reserves the right to withdraw the Content Provider’s Revenue to be able to perform Chargebacks. Bizify.me disclaims any liability towards the Content Provider for the acts, omissions and conducts of any Buyer or any third parties in connection with or related to the Content submitted at a Content Provider’s account.

17. Warranty

Any express warranties in this Agreement are in lieu of all other warranties, representations and guarantees of any kind by Bizify.me. Except as expressly set forth in this Agreement, all products, services and other materials (if any) are provided by Bizify.me and accepted by the Content Provider as is and as available. All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Bizify.me, including but not limited to, any warranties of accuracy, non infringement, merchantability and fitness for a particular purpose. Bizify.me does not warrant that the Store Application Tool and Associated Software, The Bizify.me Service or any other product or service provided herein will meet the Content Provider’s requirements or that the Content Provider’s access or use will be uninterrupted, error free, completely secure or free of viruses, contamination or other harmful software. This article will survive the termination of this Agreement.

18. Limitation of liability

Bizify.me does not assume any liability for how the Content Provider uses The Bizify.me Service, nor any liability for delay in operations or transmissions, computer viruses, communication line failure or accidental deletion or loss of data. Bizify.me disclaims any liability towards the Content Provider for the acts, omissions and conducts of any third parties in connection with or related to the Content Provider’s use of The Bizify.me Service, including but not limited to harassment of any End User, unauthorized access to, or alteration of, the Bizify.me servers. To the extent permitted by law, in no event will Bizify.me be liable to the Content Provider or any other person, for direct or indirect damages, including but not limited to loss of data, lost profits or punitive damages arising out of or relating to this Agreement, or otherwise in connection with or related to the Content Provider’s use of The Bizify.me Services. Notwithstanding any other provision of this Agreement, Bizify.me’s liability per incident upon any claims arising out of or relating to this Agreement, or relating to The Bizify.me Service, will in any event be limited to the extent permitted by law and to the direct damages actually incurred by the Content Provider, however in no event more than the commission received by Bizify.me (excl. of VAT), for the Content causing the damage, for a period of 30 days prior to the event causing the damage. This article will survive the termination of this Agreement.

19. Indemnity

The Content Provider agrees, to the extent permitted by law, to indemnify and hold Bizify.me harmless, and defend Bizify.me at the Content Provider’s expense from and against any and all claims from a third party due to the Content Provider’s use of The Bizify.me Service and this Agreement, including but not limited to claims of infringement of copyright, trademarks, trade names, or any other intellectual property rights arising from or in connection with the Content Provider’s use of The Bizify.me Services. This article will survive the termination of this Agreement.

20. Term and termination

This Agreement is effective until the Content Provider terminates the agreement by removing all Content from The Bizify.me Service and closing the Seller Account.

Either party is entitled to terminate the Agreement with immediate effect if the other party suspends payments, has commenced composition proceedings, has been placed into liquidation, placed into bankruptcy or is otherwise insolvent. The parties acknowledge that circumstances which in Bizify.me’s sole discretion constitute a breach of the code of conduct (article 4 above) or any other of the policies governing the use of the Bizifiy.me Service shall always be deemed to constitute a material breach of this Agreement, whether Bizify.me has taken any actions as stated therein or not. Bizify.me is not liable to the Content Provider or to any third Party for any damages caused by Bizify.me’s termination of this Agreement due to a material breach of this Agreement. In the event the terms and conditions of this Agreement is amended by Bizify.me, as stipulated in article 22 below, the Content Provider may terminate this Agreement with immediate effect provided such termination is made prior to the amended Agreement taking effect.

21. Consequences of Termination

Upon termination of this Agreement by either party, regardless of reason, Bizify.me may close the Content Provider’s Seller Account and remove all Digital Products provided by the Content Provider. In the event Content provided pursuant to this Agreement has been purchased by an End User(s) prior to termination but not yet downloaded, Bizify.me may remove such Content when the End User(s) has downloaded the Content. If the Content Provider has active subscriptions the User Account and the Digital Object(s) cannot be removed before all Subscriptions have expired. In case of termination arising from disagreement between Bizify.me and the Content Provider, Bizify.me may freeze the account (deny the Content Provider access to his/her account). If the termination is related to fraudulent activity connected to the Content Provider’s use of The Bizify.me Service, see article 16 above.

22. Adjustments of the Agreement

Bizify.me has the right to alter and/or adjust the terms and conditions stipulated in this Agreement. Alterations and/or adjustments and/or other amendments to the Agreement or any other of Bizify.me’s policies will be available and displayed on the Bizify.me website. Bizify.me may also alter and/or adjust the terms and conditions of this Agreement without further notice if necessary due to reasons beyond Bizify.me’s control, such as for technical reasons, or changes in law or decision by a governmental authority.

23. Assignment of the Agreement

The Content Provider may not wholly or partly assign or pledge its rights and/or obligations under this Agreement to any third party without the prior written approval of Bizify.me

24. Headings

The division of this contract into separate articles and the insertion of headings shall not affect the interpretation of this Agreement.

25. Waiver

No consent or waiver, express or implied, by either party of any breach or default of the other party in performing its obligations under this Agreement shall be deemed or construed to be a consent or waiver of any other breach or default by the other party of the same or any other obligation hereunder. Any failure by one party to complain of any act or failure to act on the other party or to declare that other party in default shall not constitute a waiver by the first party of its rights under this Agreement. No waiver of any rights under this Agreement shall be effective unless in writing and signed by the party purporting to give the same.

26. Entire agreement

The Agreement constitutes the entire agreement between the parties on all issues to which the Agreement relates. The contents of the Agreement and its appendices supersede all previous written or oral commitments and undertakings.

27. Severability

If any provision of this Agreement or part thereof is held invalid, this shall not affect the remaining provisions of the agreement, unless the obligations of a party hereto without the invalid part of the agreement are or will become unreasonably onerous.

28. Governing Law and disputes

This Agreement shall be construed in accordance with and be governed by the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement or any of the other policies governing the use of the Bizify.me Services, or the breach, termination or invalidity thereof, shall be settled by a Swedish general court of law, and the district court of Falun in Sweden as the first instance.