Introduction
Welcome to PerformBiz. These Terms of Service (“Terms”) govern your use of our website located at https://performbiz.in and our associated services. PerformBiz is a comprehensive business performance management and growth platform designed for e-commerce entrepreneurs and enterprises. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1.1 Acceptance of Terms
By using PerformBiz, you represent that you are at least 18 years of age and possess the legal authority to enter into this agreement. Your use of the site signifies your agreement to abide by all applicable local, state, and national laws in India, including the Information Technology Act and relevant e-commerce regulations.
1.2 The Service and Account Registration
PerformBiz provides a suite of business intelligence tools and consulting services including, but not limited to:
- Performance Analysis: Tools to analyze business health by processing reports and statements from e-commerce marketplaces (e.g., Amazon, Flipkart, etc.).
- Product Research: Data-driven insights to identify high-potential products for your inventory.
- Growth Services: Strategic assistance in marketing, advertising, and brand positioning.
- Procurement Support: Assistance in strategy development for seller negotiations and supply chain optimization.
- Account Responsibility: To access certain features, you must register for an account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your profile.
- Professional Disclaimer: While our tools provide data-driven insights and strategic recommendations, business success depends on various market factors. PerformBiz does not guarantee specific profit margins or sales volumes. All strategic decisions remain the sole responsibility of the user.
1.3 Subscription, Payments, and Cancellations
- Purchases: If you wish to purchase any service or tool package, you may be required to provide billing information including GST details (where applicable), credit/debit card information, or UPI identifiers.
- Subscriptions: Access to our software tools is typically billed on a recurring periodic basis. You will be billed in advance for each billing cycle.
- Cancellation: You may cancel your subscription renewal at any time through your dashboard. Access will continue until the end of the paid period, and no pro-rata refunds are provided for the remaining days of a cycle.
1.4 User Conduct and Fair Usage Policy (FUP)
You agree to use the Service only for legitimate business purposes.
- Data Integrity: You represent that you have the right to upload and analyze the third-party marketplace reports provided to our tool.
- Restrictions: You shall not use automated systems (bots, scrapers) to extract proprietary market insights or product research data from our platform for redistribution.
- FUP: To ensure optimal performance for all users, we monitor data processing loads. Excessive or abnormal usage patterns may result in temporary service limitations.
1.5 Intellectual Property
The Service, including its proprietary algorithms, research methodologies, software interface, and strategic frameworks, is the exclusive property of PerformBiz. Our branding and trade dress may not be used without prior written consent.
1.6 Limitation of Liability
In no event shall PerformBiz, nor its directors, employees, or consultants, be liable for any indirect, incidental, or consequential damages resulting from business decisions made based on our analysis, market shifts, or changes in third-party marketplace policies (e.g., Amazon/Flipkart algorithm changes). Our liability is limited to the amount paid by you for the service in the preceding six months.
1.7 Governing Law
These Terms shall be governed and construed in accordance with the laws of India. Any legal action or proceeding related to your access to, or use of, the site shall be instituted in the courts of Delhi, India.