Update: October 25, 2025

Terms and Conditions

New to Extravaganza Business Services Cloud? A quick overview of Extravaganza Business Services Cloud’s online contracting can be found here.

For translations of this Agreement into other languages, please click on the appropriate link: Deutsch, Español (Latinoamérica), Français, Polski.

These Extravaganza Business Services Cloud Terms of Service (together, the “Agreement”) are entered into by Extravaganza Business Services and the entity or person agreeing to these terms (“Customer”) and govern Customer’s access to and use of the Services.

This Agreement is effective when Customer clicks to accept or otherwise agrees to it (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that:

  • you have full legal authority to bind Customer to this Agreement,
  • you have read and understand this Agreement,
  • you agree, on behalf of Customer, to this Agreement.

Choose a topic:

    If you are accessing the Services as a customer of an unaffiliated Extravaganza Business Services Cloud reseller, these terms will apply to you in relation to your use of the Services (subject to the “Resold Customers” section of the applicable Service Specific Terms). Notwithstanding the applicability of these terms, if you fall under one of the exempt categories described at exemptions for the applicable Services, these terms do not apply to you, unless you and Extravaganza Business Services agree otherwise in writing. If you become exempt from these terms after the Effective Date, this will not affect any liability arising between the parties prior to the date that you become exempt.

    If you signed an offline variant of this Agreement for use of the Extravaganza Business Services Cloud Platform Services, the terms below do not apply to you, and your offline terms govern your use of the applicable Services.

    Provision of the Services

    Services Use. During the Term, Extravaganza Business Services will provide the Services in accordance with this Agreement, including the SLAs, and Customer may use the Services, and integrate the Extravaganza Business Services Cloud Services into any Customer Application that has material value independent of the Services, in accordance with this Agreement.

    Cloud Management console. If applicable, Customer will have access to the Cloud Management console, through which Customer may manage its use of the Services.

    Accounts, Verification to Use Extravaganza Business Services Services.

    • Accounts. Customer must have an Account to use the Services and is responsible for the information it provides to create the Account, the security of its passwords for the Account (including any keys for Extravaganza Business Services APIs) and for any use of its Account. Extravaganza Business Services has no obligation to provide multiple accounts to Customer.
    • Verification to use Extravaganza Business Services Services. Customer must verify a Domain Email Address or a Domain Name to use Extravaganza Business Services Services. If Customer does not have valid permission to use the Domain Email Address or does not own or control the Domain Name, then Extravaganza Business Services will have no obligation to provide Customer with Extravaganza Business Services Services and may delete the Account without notice.

    Updates.

    • To the Services. Extravaganza Business Services may make commercially reasonable updates to the Services from time to time.
    • To this Agreement. Extravaganza Business Services may make updates to this Agreement from time to time. With respect to Extravaganza Business Services Services and their corresponding Specific Terms of Service, unless otherwise noted by Extravaganza Business Services, material updates to this Agreement will become effective 30 days after they are posted. Notwithstanding the preceding sentence, to the extent any updates apply to new functionality or are required to comply with applicable law, they will be effective immediately. If Customer does not agree to any update to the Agreement regarding Extravaganza Business Services Cloud Platform or its Specific Terms of Service, Customer may stop using the Extravaganza Business Services Cloud Services. Customer may also terminate this Agreement for convenience. Customer’s continued use of the Extravaganza Business Services Cloud Services after a material update will constitute Customer’s consent to such update. With respect to Extravaganza Business Services Cloud Services, and their respective corresponding special terms of service, material updates to this Agreement will only take effect if and when Customer’s Order Term renews.
    • To the Privacy Policy. Extravaganza Business Services may only update the Privacy Policy where such update is required to comply with applicable law or expressly permitted by the Cloud Data Processing Addendum, or where such update:

      (i) is commercially reasonable.

      (ii) does not result in a material reduction of the security of the Services.

      (iii) does not expand the scope of or remove any restrictions on Extravaganza Business Services’s processing of “Customer Personal Data,” as described in the Privacy Policy.

      (iv) does not otherwise have a material adverse impact on Customer’s rights under the Privacy Policy.

    • Discontinuation of Services. Extravaganza Business Services will notify Customer at least 12 months before: (i) discontinuing any Service (or associated material functionality) unless Extravaganza Business Services replaces such discontinued Service or functionality with a materially similar Service or functionality; or (ii) significantly modifying a Customer-facing Extravaganza Business Services API in a backwards-incompatible manner. Nothing limits Extravaganza Business Services’s ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden.
    • Software. If Extravaganza Business Services makes Software available to Customer, including third-party software, Customer’s use of any Software is subject to the applicable provisions in the Specific Terms of Service.

    Payment Terms

    Billing.

    • Billing Generally. Extravaganza Business Services will issue an electronic bill or invoice to Customer for all Fees, including, if applicable, Fees based on Customer’s use of the Services during the applicable Fee Accrual Period and any relevant Fees for Specific Terms of Service. If Extravaganza Business Services reasonably determines based on evidence available to Extravaganza Business Services that Customer is at risk of non-payment or that Customer’s Account is potentially fraudulent, then Extravaganza Business Services may invoice or charge Customer more frequently. Customer will pay all Fees in the currency stated in the bill or invoice. If Customer pays by credit card, debit card, or other non-invoiced form of payment, Customer will pay all Fees immediately at the end of the Fee Accrual Period or when otherwise charged by Extravaganza Business Services. If Customer pays by invoice, Customer will pay Extravaganza Business Services all invoiced amounts by the Payment Due Date. For Extravaganza Business Services Cloud Services, Customer may change its payment method to any other method that Extravaganza Business Services may enable, subject to acceptance by Customer of any additional terms applicable to that payment method. Unless required by law, Customer’s obligation to pay all Fees is non-cancellable. For Extravaganza Business Services Cloud Services, Extravaganza Business Services’s measurement tools will be used to determine Customer’s usage of the Services. Extravaganza Business Services has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Extravaganza Business Services.
    • Billing Options for Extravaganza Business Services Cloud Services. Customer may elect one of the billing options below or any other option offered by Extravaganza Business Services when Customer places its order for the Services: (i) Prepaid Plan. If Customer selects this option, Customer will be obliged to pay amount of money which he will then be able to use when using Extravaganza Business Services Cloud Services.

    Extravaganza Business Services may change its offering of billing options (including by limiting or ceasing to offer any billing option) upon 30 days’ notice to Customer and any such change will take effect at the beginning of Customer’s next Order Term. Billing options may not be available to all customers.

    Taxes.

    • Customer is responsible for any Taxes, and will pay Extravaganza Business Services for the Services without any reduction for Taxes. If Extravaganza Business Services is obligated to collect or pay any Taxes, the Taxes will be invoiced to Customer and Customer will pay such Taxes to Extravaganza Business Services, unless Customer provides Extravaganza Business Services with a timely and valid tax exemption certificate in respect of those Taxes.
    • Customer will provide Extravaganza Business Services with any applicable tax identification information that Extravaganza Business Services may require under applicable law to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Extravaganza Business Services for) any taxes, interest, penalties, or fines arising out of any mis-declaration by Customer.

    Payment Disputes & Refunds. Any payment disputes must be submitted in good faith before the Payment Due Date. If Extravaganza Business Services, having reviewed the dispute in good faith, determines that certain billing inaccuracies are attributable to Extravaganza Business Services, Extravaganza Business Services will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If a disputed invoice has not yet been paid, Extravaganza Business Services will apply the credit memo amount to a disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. Refunds given by Extravaganza Business Services for billing inaccuracies under this Section will only be in the form of credit for the Services. Nothing in this Agreement obligates Extravaganza Business Services to extend credit to any party, and Extravaganza Business Services may revise or revoke any previously-extended credit at any time.

    Delinquent Payments; Suspension. Late payments (which, for clarity, do not include amounts subject to a good faith payment dispute submitted before the Payment Due Date), may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the Payment Due Date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Extravaganza Business Services in collecting such delinquent amounts. Further, in the event of any late payment for the Services, Extravaganza Business Services may Suspend the Services.

    No Purchase Order Number Required. Customer is obligated to pay all applicable Fees without any requirement for Extravaganza Business Services to provide a purchase order number on Extravaganza Business Services’s invoice (or otherwise).

    Price Revisions. Extravaganza Business Services may change the Prices at any time unless otherwise expressly agreed in an addendum or Order Form. For Extravaganza Business Services Cloud Services, (a) Extravaganza Business Services will notify Customer at least 30 days in advance of any changes, and (b) Customer’s pricing will change if and when Customer’s Order Term renews after the 30-day period. If Customer objects to any change in Prices, Customer may terminate this Agreement for convenience.

    Customer Obligations

    Compliance. Customer will (a) ensure that Customer and its End Users’ use of the Services complies with this Agreement, (b) use commercially reasonable efforts to prevent and terminate any unauthorized use of, or access to, the Services, and (c) promptly notify Extravaganza Business Services of any unauthorized use of, or access to, the Services, Account, or Customer’s password of which Customer becomes aware. Extravaganza Business Services reserves the right to investigate any potential violation of the Acceptable Use Policy for the Service by Customer, which may include reviewing Customer Applications, Customer Data, or Projects.

    Privacy. Customer is responsible for any consents and notices required to permit (a) Customer’s use and receipt of the Services and (b) Extravaganza Business Services’s accessing, storing, and processing of data provided by Customer (including Customer Data, if applicable) under this Agreement.

    Restrictions. Customer will not, and will not allow End Users to, (a) copy, modify, or create a derivative work of the Services; (b) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of, the Services (except to the extent such restriction is expressly prohibited by applicable law); (c) sell, resell, sublicense, transfer, or distribute any or all of the Services; or (d) access or use the Services (i) for High Risk Activities; (ii) in violation of the Acceptable Use Policy for Service; (iii) in a manner intended to avoid incurring Fees (including creating multiple Customer Applications, Accounts, or Projects to simulate or act as a single Customer Application, Account, or Project (respectively)) or to circumvent Service-specific usage limits or quotas; (iv) to engage in cryptocurrency mining without Extravaganza Business Services’s prior written approval; (v) to operate or enable any telecommunications service or in connection with any Customer Application that allows End Users to place calls or to receive calls from any public switched telephone network, unless otherwise described in the Service Specific Terms; (vi) to place or receive emergency service calls via the Extravaganza Business Services Cloud Services, unless stated otherwise in the Service Specific Terms; (vii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (viii) in a manner that breaches, or causes the breach of, Export Control Laws; or (ix) to transmit, store, or process health information subject to United States HIPAA regulations except as permitted by an executed HIPAA BAA.

    Documentation. Extravaganza Business Services may provide Documentation for Customer’s use of the Services.

    Copyright. Extravaganza Business Services responds to notices of alleged copyright infringement and terminates the Accounts of repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act.

    Third-Party Content Enforcement (or Extravaganza Business Services Cloud Services). If Customer’s primary use of the Extravaganza Business Services Cloud Services is to host third-party content or facilitate the sale of goods or services between third parties on its platform, Customer will take the following steps to enforce compliance with the Acceptable Use Policy for Services: (a) publish policies defining what content is prohibited on its platform (e.g., illegal content); (b) maintain a publicly accessible method (e.g., webform or email alias) to receive notices of violation of that policy (in addition to a monitored communications channel for Extravaganza Business Services); and (c) promptly review and address any such notices, and remove content where appropriate.

    Additional Terms for Extravaganza Business Services Cloud Services. The following terms apply only to Extravaganza Business Services Cloud Services:

    • Additional Products and Third-Party Offerings. Optional Additional Products and Third-Party Offerings may be available for use in conjunction with the Services, and may be enabled or disabled through the Cloud Management console. Any use of Additional Products is subject to the Additional Product Terms, which are incorporated by reference into the Agreement and which may be updated by Extravaganza Business Services from time to time. Any use of Third-Party Offerings is subject to separate terms and policies with the relevant service provider.
    • Administration of Extravaganza Business Services Cloud Services. Customer may specify through the Cloud Management console one or more Administrators who will have the right to access Admin Accounts. Customer is responsible for (i) maintaining the confidentiality and security of the End User Accounts and associated passwords and (ii) any use of the End User Accounts. Customer agrees that Extravaganza Business Services’s responsibilities do not extend to the internal management or administration of the Extravaganza Business Services Cloud Services for Customer or any End Users.
    • Abuse Monitoring. Customer is solely responsible for monitoring, responding to, and otherwise processing emails sent to the “abuse” and “postmaster” aliases for Customer Domain Names, but Extravaganza Business Services may monitor emails sent to these aliases to allow Extravaganza Business Services to identify Extravaganza Business Services Cloud Services abuse.
    • Requesting Additional End User Accounts During Order Term. Customer may purchase additional End User Accounts during an Order Term by means of an additional Order Form or Reseller Order or by ordering via the Cloud Management console. Such additional End User Accounts will have a pro-rated term ending on the last day of the applicable Order Term.

    Suspension

    Acceptable Use Policy of Service Violations. If Extravaganza Business Services becomes aware that Customer’s or any End User’s use of the Services violates the Acceptable Use Policy of Service, Extravaganza Business Services will notify Customer and request that Customer correct the violation. If Customer fails to correct the violation within 24 hours of Extravaganza Business Services’s request, then Extravaganza Business Services may Suspend all or part of Customer’s use of the Services until the violation is corrected. For Extravaganza Business Services Cloud Services, Suspension of the Services may include removal or unsharing of content that violates the Acceptable Use Policy of Service.

    Other Suspension. Extravaganza Business Services may immediately Suspend all or part of Customer’s use of the Services if (a) Extravaganza Business Services reasonably believes Suspension is needed to protect the Services, Extravaganza Business Services’s infrastructure supporting the Services, or any other customer of the Services (or their end users); (b) there is suspected unauthorized third-party access to the Services; (c) Extravaganza Business Services reasonably believes that immediate Suspension is required to comply with any applicable law; or (d) Customer is in breach of the Service Specific Terms. Extravaganza Business Services will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer’s request, Extravaganza Business Services will, unless prohibited by applicable law, notify Customer of the basis for the Suspension as soon as is reasonably possible. For Suspension of End User Accounts for Extravaganza Business Services Cloud Services, Extravaganza Business Services will provide Customer’s Administrator the ability to restore End User Accounts in certain circumstances.

    Generative AI Safety and Abuse for Extravaganza Business Services Cloud Services. Extravaganza Business Services uses automated safety tools to detect abuse of Generative AI Services. Notwithstanding the “Handling of Prompts and Generated Output” section in the Service Specific Terms for Extravaganza Business Services Cloud Services, if these tools detect potential abuse or violations of Extravaganza Business Services’s Acceptable Use Policy for Service, Extravaganza Business Services may log Customer prompts solely for the purpose of reviewing and determining whether a violation has occurred. See the Abuse Monitoring documentation page for more information about how logging prompts impacts Customer’s use of the Extravaganza Business Services Cloud Services.

    Intellectual Property Rights, Protection of Customer Data, Feedback, Using Brand Features within the Extravaganza Business Services Cloud Services

    Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer retains all Intellectual Property Rights in Customer Data and Customer Applications, and Extravaganza Business Services retains all Intellectual Property Rights in the Services and Software.

    Protection of Customer Data. Extravaganza Business Services will only access, use, and otherwise process Customer Data in accordance with the Privacy Policy and will not access, use, or process Customer Data for any other purpose. Extravaganza Business Services has implemented and will maintain technical, organizational, and physical measures to protect Customer Data, as further described in the Privacy Policy. If you are accessing the Services as a customer of an unaffiliated Extravaganza Business Services Cloud reseller, this section is subject to the “Resold Customers” section of the applicable Service Specific Terms.

    Customer Feedback. At its option, Customer may provide feedback or suggestions about the Services to Extravaganza Business Services (“Feedback”). If Customer provides Feedback, then Extravaganza Business Services and its Affiliates may use that Feedback without restriction and without obligation to Customer.

    Using Brand Features Within the Extravaganza Business Services Cloud Services. Extravaganza Business Services will display within the Extravaganza Business Services Cloud Services only those Customer Brand Features that Customer authorizes by uploading them into the Extravaganza Business Services Cloud Services. Extravaganza Business Services will display those Customer Brand Features within designated areas of the web pages displaying the Services to Customer or its End Users. Customer may specify details of this use in the Cloud Management console. Extravaganza Business Services may also display Extravaganza Business Services Brand Features on such web pages to indicate that the Extravaganza Business Services Cloud Services are provided by Extravaganza Business Services.

    Technical Support Services

    By Customer. Customer is responsible for technical support of its Customer Applications and Projects.

    By Extravaganza Business Services. Subject to payment of applicable support Fees, Extravaganza Business Services will provide Technical Support Services to Customer during the Term in accordance with the Technical Support Services Guidelines. Certain Technical Support Services levels include a minimum recurring Fee. If Customer downgrades its Technical Support Services level during any calendar month, Extravaganza Business Services may continue to provide Technical Support Services at the same level and for the same Technical Support Services Fees as applied before the downgrade for the remainder of that month.

    Confidential Information

    Obligations. The recipient will only use the disclosing party’s Confidential Information to exercise the recipient’s rights and fulfill its obligations under this Agreement, and will use reasonable care to protect against the disclosure of the disclosing party’s Confidential Information. The recipient may disclose Confidential Information only to its and its Affiliates’ employees, agents, subcontractors, or professional advisors (“Delegates”) who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement.

    Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient or its Affiliate may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient or its Affiliate uses commercially reasonable efforts to (a) promptly notify the other party before any such disclosure of its Confidential Information, and (b) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.

    Term and Termination

    Agreement Term. The term of this Agreement (the “Term”) will begin on the Effective Date and continue until this Agreement is terminated as stated in section Term and Termination.

    Extravaganza Business Services Cloud Services Renewal. The following terms apply only to renewals of Extravaganza Business Services Cloud Services:

    • With a Prepaid Plan. Customer access to Extravaganza Business Services Cloud Services will last as long as there are sufficient funds in the Customer’s account to cover the current costs of the Extravaganza Business Services Cloud Services resources used by Customer. If this condition is not met, the Customer’s account will be suspended after one month and any consumed Extravaganza Business Services Cloud Services will be released.  

    Generally. Customer may use the Cloud Management console to adjust the number of End User Accounts to be renewed. Customer will continue to pay Extravaganza Business Services the then-current Fees for each renewed End User Account unless Customer and Extravaganza Business Services mutually agree otherwise. If either party does not want the Extravaganza Business Services Cloud Services to renew, then it must notify the other party to this effect at least 15 days before the end of the then-current Order Term, and this notice of non-renewal will take effect at the end of the then-current Order Term.

    Termination for Breach.

    • Termination of an Order Form. Either party may terminate an Order Form if the other party is in material breach of this Agreement and fails to cure that breach within 30 days after receipt of written notice.
    • Termination of this Agreement.To the extent permitted by applicable law, either party may terminate this Agreement immediately on written notice if the other party is in material breach of this Agreement and fails to cure that breach within 30 days after receipt of written notice of the breach.

    Termination for Extravaganza Business Services Cloud Services Inactivity. Extravaganza Business Services reserves the right to terminate the provision of Extravaganza Business Services Cloud Services to a Project upon 30 days’ advance notice if, for a period of 60 days (a) Customer has not accessed the Cloud Management console or the Project has had no network activity and (b) such Project has not incurred any Fees for such Services.

    Termination for Convenience. Customer may stop using the Services at any time. Subject to any financial commitments in an Order Form or addendum to this Agreement, Customer may terminate this Agreement for its convenience at any time on prior written notice and, upon termination, must cease use of the applicable Services. For purposes of Extravaganza Business Services Cloud Services and Special Terms of Service only, Extravaganza Business Services may terminate this Agreement or any applicable Order Form for its convenience at any time with 30 days’ prior written notice to Customer. For the avoidance of doubt, any termination of this Agreement by Extravaganza Business Services for its convenience pursuant to the preceding sentence will not impact any active Extravaganza Business Services Cloud Services, and this Agreement will continue to govern such Extravaganza Business Services Cloud Services, as applicable, until their expiration or termination pursuant to this Agreement.

    Termination Due to Applicable Law; Violation of Laws. Extravaganza Business Services may terminate this Agreement immediately on written notice if Extravaganza Business Services reasonably believes that (a) continued provision of any Service used by Customer would violate applicable law(s) or (b) Customer has violated or caused Extravaganza Business Services to violate any Anti-Bribery Laws or Export Control Laws.

    Effect of Termination or Non-Renewal. If this Agreement terminates, then all Order Forms also terminate. If this Agreement or an Order Form is terminated or not renewed, then (a) all rights and access to the Services (or in the case of termination of an Order Form, the applicable Services) will terminate (including access to Customer Data, if applicable), unless otherwise described in this Agreement or the Order Form, and (b) all Fees owed by Customer to Extravaganza Business Services under this Agreement or Order Form, as applicable, are immediately due upon Customer’s receipt of the final electronic bill or as stated in the final invoice.

    No Refunds. Unless expressly stated otherwise in this Agreement or required by law, termination or non-renewal under any section of this Agreement (including the Privacy Policy or any Order Form) will not oblige Extravaganza Business Services to refund any Fees.

    Publicity

    Neither party may use the other party’s Brand Features or issue, publish, or present a press release, blog post, speech, social media post, or investor relations call or announcement discussing Customer’s use of the Services or this Agreement without the written consent of the other party, except as expressly permitted in this Agreement. Subject to the preceding sentence, Customer may state publicly that it is a Extravaganza Business Services Cloud customer and display Brand Features in accordance with the Branding Guidelines. Extravaganza Business Services may use Customer’s name and Brand Features in online or offline promotional materials of the Services. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features.

    Representations and Warranties

    Each party represents and warrants that (a) it has full power and authority to enter into this Agreement, and (b) it will comply with all laws applicable to its provision, receipt, or use of the Services, as applicable.

    Disclaimer

    Except as expressly provided for in this Agreement, Extravaganza Business Services does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, noninfringement, or error-free or uninterrupted use of the Services or Software; and (b) any representations about content or information accessible through the Services.

    Limitation of Liability

    Limitation on Indirect Liability. To the extent permitted by applicable law and subject to section Unlimited Liabilities, neither party will have any Liability arising out of or relating to this Agreement for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill.

    Limitation on Amount of Liability. Each party’s total aggregate Liability for damages arising out of or relating to this Agreement in connection with the Extravaganza Business Services Cloud Services, as applicable, is limited to the Fees Customer paid for such Services during the 12 month period before the event giving rise to Liability, except Extravaganza Business Services’s total aggregate Liability for damages arising out of or related to Services or Software provided free of charge is limited to $25 (USD).

    Unlimited Liabilities. Nothing in this Agreement excludes or limits either party’s Liability for:

    • its fraud or fraudulent misrepresentation.
    • its obligations under section Indemnification.
    • its infringement of the other party’s Intellectual Property Rights.
    • its payment obligations under this Agreement.
    • matters for which liability cannot be excluded or limited under applicable law.

    Indemnification

    Extravaganza Business Services Indemnification Obligations. Extravaganza Business Services will defend Customer and its Affiliates using the Services under Customer’s Account and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that any Service or any Extravaganza Business Services Brand Feature, in each case used in accordance with this Agreement, infringes the third party’s Intellectual Property Rights.

    Customer Indemnification Obligations. Customer will defend Extravaganza Business Services and its Affiliates providing the Services and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Application, Project, Customer Data, or Customer Brand Features; or (b) Customer’s or an End User’s use of the Services in breach of the Acceptable Use Policy for Service or section Restrictions.

    Exclusions. Sections Extravaganza Business Services Indemnification Obligations and Customer Indemnification Obligations will not apply to the extent the underlying allegation arises from (a) the indemnified party’s breach of this Agreement, (b) a combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party under this Agreement, unless the combination is required by this Agreement, or (c) in the case of Extravaganza Business Services or any of its Affiliates as the indemnifying party, any Services provided to Customer free of charge.

    Conditions. Sections Extravaganza Business Services Indemnification Obligations and Customer Indemnification Obligations are conditioned on the following:

    • Any indemnified party must promptly notify the indemnifying party in writing of any allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the allegation(s) and Third-Party Legal Proceeding. If breach of this section prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under section Extravaganza Business Services Indemnification Obligations or Customer Indemnification Obligations (as applicable) will be reduced in proportion to the prejudice.
    • Any indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

    Remedies.

    • If Extravaganza Business Services reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Extravaganza Business Services may, at its sole option and expense (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing alternative that has materially equivalent functionality.
    • If Extravaganza Business Services does not believe the remedies in previous bullet point are commercially reasonable, then Extravaganza Business Services may Suspend or terminate Customer’s use of the impacted Services. If Extravaganza Business Services terminates the impacted Services, then upon Customer request Extravaganza Business Services will refund to Customer any unused prepaid Fees that Customer paid to Extravaganza Business Services for use of the terminated Services.

    Sole Rights and Obligations. Without affecting either party’s termination rights and to the extent permitted by applicable law, this section Indemnification states the parties’ sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by section Indemnification.

    Trial period

    According to the Free pricing plan:

    • Services provided under the free plan are not subject to any reliability or availability assurance rules.
    • If inactivity is detected on a user’s account under the free plan (no actions during 30 days period), the data stored in and assigned to the account that has been used by the user as part of the functionality of Extravaganza Business Services Cloud Services provided will be deleted from the account at any time deemed appropriate by Extravaganza Business Services.
    • If the credit received by the user under the Free plan is used up, the data stored as part of the services provided may be deleted at any time by Extravaganza Business Services.
    • The account owner may delete the data himself by unsubscribing from the services provided under the Extravaganza Business Services Cloud account any time.
    • The registered user’s account will not be deleted according to Free plan rule “One time subscription”, unless otherwise agreed (e.g. placing the user’s account email address on a black list).

    Miscellaneous

    Notices. Under this Agreement, notices to Customer must be sent to the Notification Email Address and notices to Extravaganza Business Services must be sent to [email protected]. Notice will be treated as received when the email is sent. Customer is responsible for keeping its Notification Email Address current throughout the Term.

    Emails. The parties may use emails to satisfy written approval and consent requirements under this Agreement.

    Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where (a) the assignee has agreed in writing to be bound by the terms of this Agreement, and (b) the assigning party has notified the other party of the assignment. Any other attempt to assign is void. If Customer assigns this Agreement to an Affiliate in another jurisdiction such that there is a change in the Extravaganza Business Services contracting entity this Agreement is automatically assigned to the new Extravaganza Business Services contracting entity.

    Change of Control. If a party experiences a change of Control other than as part of an internal restructuring or reorganization (for example, through a stock purchase or sale, merger, or other form of corporate transaction), that party will give written notice to the other party within 30 days after the change of Control.

    Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

    Subcontracting. Extravaganza Business Services may subcontract obligations under this Agreement but will remain liable to Customer for any subcontracted obligations.

    No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.

    No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

    Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of this Agreement will remain in effect.

    No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

    Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.

    Governing Law.  ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY POLISH LAW AND COURTS IN POLAND.

    Amendments. Except as stated in sections Updates: To this Agreement, or Updates: To the Privacy Policy, any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

    Survival. The following Sections will survive expiration or termination of this Agreement: section Payment Terms, section Intellectual Property Rights; Protection of Customer Data; Feedback; Using Brand Features within the Extravaganza Business Services Cloud Services), section Confidential Information, section Effect of Termination or Non-Renewal, section Disclaimer, section Limitation of Liability, section Indemnification, and section Miscellaneous.

    Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. After the Effective Date, Extravaganza Business Services may provide an updated URL in place of any URL in this Agreement.

    Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order (of decreasing precedence): the Privacy Policy, any applicable Order Form, the remainder of this Agreement.

    Headers. Headings and captions used in this Agreement are for reference purposes only and will not have any effect on the interpretation of this Agreement.

    Conflicting Languages. If this Agreement is translated into any language other than Polish, and there is a discrepancy between the Polish text and the translated text, the Polish text will govern unless expressly stated otherwise in the translation. Unless otherwise specified, all references to “$” in this Agreement refer to United States dollars.

    Definitions

    • “Account” means Customer’s Extravaganza Business Services Cloud Platform Services account, as applicable.
    • “Additional Products” means products, services, or applications offered by Extravaganza Business Services or its Affiliates that are not incorporated into the Extravaganza Business Services Cloud Services but that may be accessible for use in conjunction with the Extravaganza Business Services Cloud Services.
    • “Admin Account” means a type of End User Account that Customer (or Reseller, if applicable) may use to administer the Extravaganza Business Services Cloud Services.
    • “Cloud Management console” means the online console(s) or dashboard provided by Extravaganza Business Services to Customer for administering the applicable Services.
    • “Administrators” mean the Customer-designated personnel who administer the Extravaganza Business Services Cloud Services to End Users on Customer’s behalf, and have the ability to access Customer Data and End User Accounts. Such access includes the ability to access, monitor, use, modify, withhold, or disclose any data available to End Users associated with their End User Accounts.
    • “Affiliate” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
    • “Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010, that prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. Government officials include: any government employees, candidates for public office, members of royal families, and employees of government-owned or government-controlled companies, public international organizations, and political parties.
    • “BAA” or “Business Associate Agreement” is an amendment to this Agreement covering the handling of Protected Health Information (as defined in HIPAA).
    • “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
    • “Branding Guidelines” means Extravaganza Business Services’s then-current Extravaganza Business Services branding guidelines at https://extravaganza.com.pl/misc/external_customer_co_branding_eligibility.pdf, as may be updated by Extravaganza Business Services from time to time.
    • “Confidential Information” means information that one party (or an Affiliate) discloses to the other party under or in connection with this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer’s Confidential Information.
    • “Control” means control of greater than 50 percent of the voting rights or equity interests of a party.
    • “Customer Application” means a software program that Customer creates or hosts using the Extravaganza Business Services Cloud Services.
    • “Customer Data” means for Extravaganza Business Services Cloud Services, data provided to Extravaganza Business Services by Customer or End Users through the Services under the Account, and data that Customer or End Users derive from that data through their use of the Services, and data submitted, stored, sent or received via the Services by Customer or its End Users.
    • “Documentation” means the Extravaganza Business Services documentation (as may be updated from time to time) in the form generally made available by Extravaganza Business Services to its customers for use with the Services, including user guides and manuals Extravaganza Business Services provides Customer for its internal use.
    • “Domain Email Address” means the email address on the Domain Name for use in connection with the Extravaganza Business Services Cloud Services.
    • “Domain Name” means the domain name specified in the Order Form to be used in connection with the Extravaganza Business Services Cloud Services.
    • “End Users” means the individuals who are permitted by Customer to use the Services. For clarity, End Users may include employees of Customer Affiliates and other authorized third parties.
    • “End User Account” means a Extravaganza Business Services-hosted account established by Customer through the Extravaganza Business Services Cloud Services in order for an End User to use the Extravaganza Business Services Cloud Services.
    • “Export Control Laws” means all applicable export and re-export control laws and regulations, including (a) the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, (b) trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State.
    • “Fee Accrual Period” means (a) a calendar month or other period or billing frequency (b) for Extravaganza Business Services Cloud Services only, a period in which Customer reaches a designated spend threshold, in each case specified by Extravaganza Business Services in the Cloud Management console or in an Order Form.
    • “Fees” means the applicable fees for each Service, Software, and Third-Party Offerings, plus any applicable Taxes.
    • “Extravaganza Business Services API” means any application programming interface provided by Extravaganza Business Services as part of the Services.
    • “High Risk Activities” means activities where the use or failure of the Services would reasonably be expected to lead to death, personal injury, or environmental or property damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry).
    • “HIPAA” means the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it.
    • “including” means including but not limited to.
    • “Indemnified Liabilities” means any (i) settlement amounts approved by the indemnifying party, and (ii) damages and costs finally awarded against the indemnified party by a court of competent jurisdiction.
    • “Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
    • “Legal Process” means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.
    • “Liability” means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
    • “Notification Email Address” means the email address(es) designated by Customer in the Cloud Management console, or if none exists, the applicable Order Form.
    • “Order Form” means (a) an order form, statement of work, or other ordering document issued by Extravaganza Business Services under this Agreement and executed by Customer and Extravaganza Business Services; or (b) an order placed by Customer via a Extravaganza Business Services website or the Services, in each case specifying the Services Extravaganza Business Services will provide to Customer.
    • “Order Term” means the period of time starting on the Services Start Date for the Services and continuing for the period indicated on the Order Form unless terminated in accordance with this Agreement.
    • “Payment Due Date” means the payment due date set out in the applicable Order Form, or if not specified, 14 days from the invoice date.
    • “Project” means a collection of Extravaganza Business Services Cloud Platform resources configured by Customer via the Extravaganza Business Services Cloud Services
    • “Services” means the Extravaganza Business Services Cloud Services. In each case, Services exclude any Third-Party Offerings.
    • “Services Start Date” means either the start date described in the Order Form or, in the absence of any such date, the date Extravaganza Business Services makes the Services available to Customer.
    • “SLA” means for Extravaganza Business Services Cloud Services, each of the then-current service level agreements.
    • “Software” means any downloadable tools, software development kits, or other such computer software provided by Extravaganza Business Services in connection with the applicable Services, and any updates Extravaganza Business Services may make to such Software from time to time, excluding any Third-Party Offerings.
    • “Suspend” or “Suspension” means disabling or limiting access to or use of the Services or components of the Services.
    • “Taxes” means all government-imposed taxes, except for taxes based on Extravaganza Business Services’s net income, net worth, asset value, property value, or employment.
    • “Term” has the meaning stated in section Agreement Term of this Agreement.
    • “Third-Party Offerings” means (a) third-party services, software, products, and other offerings that are not incorporated into the Services or Software, (b) offerings identified in the “Third-Party Terms” section of the applicable Service Specific Terms, and (c) third-party operating systems.
    • “Third-Party Legal Proceeding” means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).

    Changes to Terms and Conditions

    Extravaganza Business Services may update this Terms and Conditions from time to time. When Extravaganza Business Services does, Extravaganza Business Services will publish an updated version and effective date on this page, unless another type of notice is required by applicable law. By continuing to use Extravaganza Business Services websites, products and services after a revision takes effect, it is considered that users have read and understand the changes.

    Previous versions of the Terms and Conditions are available Terms and Conditions previous versions.

    Additional Information

    Extravaganza Business Services has made their best effort to accurately translate the Extravaganza Business Services Terms and Conditions Statement into this language. Please Contact us  if you have any questions or concerns not already addressed in this Terms and Conditions or to report translation concerns.

    Shopping Cart
    Scroll to Top