BizFlowy Marketplace Terms of Service

Effective as of: March 1, 2025

BizFlowy Inc. (“BizFlowy”) owns and operates an internet-based marketplace that enables users of the BizFlowy Services (as defined below) to browse, install, purchase (as applicable), and manage subscriptions to Apps, and to access such applications through a single sign-on system (the “Marketplace”). By using, installing, or accessing the Marketplace or any Apps (as defined below), or by signing or clicking to accept these terms or any Subscription Documentation referencing these terms, you agree to be bound by the following terms (the “Marketplace Terms”). To use the Marketplace and any Apps, you must have a current subscription to use the BizFlowy Services and have accepted the BizFlowy Terms of Service, which incorporate these Marketplace Terms. Any capitalized terms not defined herein shall have the meanings provided in the BizFlowy Terms of Service. For the avoidance of doubt, all references in the BizFlowy Terms of Service to the “Agreement” include these Marketplace Terms.

If you are using the Marketplace on behalf of a company, organization, or other entity, “Client” or “you” means that entity, and you represent that you have the legal authority to bind that entity to these Marketplace Terms.

1. DEFINITIONS

1.1 App:
An “App” is any software-as-a-service or general service application either owned and operated by BizFlowy or by a Developer that has been built using the BizFlowy API and/or the BizFlowy Developer Platform.

1.2 Client:
“Client” refers to any individual user of the Marketplace, the BizFlowy Services, or any portion thereof.

1.3 Developer:
A “Developer” is an individual or entity registered on the BizFlowy Developer Platform who creates and publishes Apps.

1.4 Order:
“Order” means an order, purchase, installation, trial, download, or enablement of an App (including renewals and upgrades), whether placed through the Marketplace or through other processes provided by BizFlowy or a Developer. All Orders are subject to these Marketplace Terms.

1.5 Marketplace Content:
“Marketplace Content” includes any App, content on the Marketplace, or services made available through the Marketplace.

1.6 BizFlowy Developer Platform:
The BizFlowy Developer Platform is defined in the BizFlowy Developer Terms.

1.7 Services:
“Services” means the offerings provided by BizFlowy as set forth in the BizFlowy Terms of Service, which include access to the Marketplace.

1.8 Single Sign On:
“Single Sign On” is the ability for a Client to access Apps purchased or installed through the Marketplace using one set of access credentials.

1.9 Third-Party App:
A “Third-Party App” is an App developed by an independent Developer.

1.10 Third-Party Products:
“Third-Party Products” refer to any applications, integrations, add-ons, software, code, online services, systems, and other products that are not BizFlowy Technology.

1.11 Usage Data:
“Usage Data” is data generated by Client interactions with the Marketplace, including login credential data and Single Sign On data generated through access to Apps.

2. ACCOUNT, INTEGRATION, AND RESPONSIBILITIES

2.1 Account Registration:
You must register for a BizFlowy account to access the Marketplace. All account information must be accurate, current, and complete, and will be governed by the BizFlowy Privacy Policy. You agree to update your account information promptly so that BizFlowy may communicate with you. By using the Marketplace, you consent to our use of cookies as described in our Privacy Policy. You are solely responsible for all activities conducted under your account, and BizFlowy is not liable for any unauthorized use.

2.2 App Integrations:
Once logged in, you may browse the Marketplace and select an App to install. During integration, you may be required to provide details such as an App Key, Client ID, Client Secret, Subdomain, or API Token, depending on the App. A successfully integrated App will be marked as “Installed” in your account.

2.3 Beta Releases and Free Access Subscriptions:
The Marketplace is offered as a Beta Release and, unless a Developer specifies otherwise, all Apps are provided as a Free Access Subscription. Use of these Apps is subject to the BizFlowy Terms of Service, including any applicable Beta or trial provisions.

3. USE RIGHTS; RESTRICTIONS

3.1 Use of the Marketplace:
Your use of the Marketplace is subject to the provisions of Sections 3.1, 3.3, 3.4, 3.5, and 3.6 of the BizFlowy Terms of Service, which are hereby incorporated by reference.

3.2 Developer Terms:
Use of any App is additionally subject to the license or subscription terms, privacy policies, and other applicable conditions specified by the Developer (“App Developer Terms”). These terms are usually provided on the App’s listing page or during the Order process. You may not use an App if you do not agree to its App Developer Terms.

3.3 Third-Party Apps and Terms:
Third-Party Apps are governed solely by the terms provided by the respective Developer. BizFlowy is not a party to any such agreements and is not responsible for their enforcement or compliance. By installing a Third-Party App, you agree to the Developer’s terms directly.

3.4 BizFlowy Apps:
For Apps developed by BizFlowy, the BizFlowy Developer Terms apply, and in case of conflict between these Marketplace Terms and the BizFlowy Terms of Service, the latter shall govern for rights and responsibilities related to the App, while these Marketplace Terms govern general Marketplace use.

3.5 Availability of Marketplace Content:
Features and content in the Marketplace may be removed or become unavailable at any time without notice. If your use of the Services is modified, terminated, or suspended, you may lose access to any associated Marketplace content or data.

3.6 Third-Party Links:
The Marketplace may include links to Third-Party Products, which are subject to separate terms and conditions. BizFlowy is not responsible for the availability or content of such Third-Party Products.

3.7 Reservation of Rights:
Except for rights expressly granted herein or under the App Developer Terms, all rights, title, and interest in the Marketplace are reserved by BizFlowy. All rights in the Apps are retained by their respective Developers and licensors. Apps are provided on a license or subscription basis only, and no ownership rights are transferred.

3.8 Removal; Reinstatement of Client Access:
BizFlowy may remove your access to the Marketplace if you or your Authorized Users violate these Terms, the BizFlowy Terms of Service, or the Acceptable Use Policy. Reinstatement is at the sole discretion of BizFlowy upon curing any violations.

3.9 Removal; Reinstatement of App Access:
Similarly, BizFlowy may revoke your access to any App if you violate these Terms, with reinstatement subject to remediation of such violations.

3.10 Removal; Reinstatement of Third-Party App Access:
Your access to Third-Party Apps may also be revoked by BizFlowy if you or your Authorized Users violate these Terms, the BizFlowy Terms of Service, or the Acceptable Use Policy. Reinstatement is at BizFlowy’s discretion, and you may also be subject to the Developer’s terms.

4. DATA AND SECURITY

4.1 Order Information:
When you place an Order for an App through the Marketplace, BizFlowy may share the information you provide (such as your name, company name, email, and phone number) with the Developer in order to complete the Order.

4.2 Third-Party Developer Use of Data:
If you Order a Third-Party App, you authorize the Developer to access and use certain data from your BizFlowy account as necessary for App functionality. Such use is governed by the applicable App Developer Terms. BizFlowy is not responsible for data security or privacy practices of any third-party Developer or their apps.

4.3 BizFlowy Use of Marketplace Data:
Any data that BizFlowy collects from your use of the Marketplace, including Usage Data, is subject to the BizFlowy Terms of Service and BizFlowy Privacy Policy. BizFlowy uses this data to improve the Marketplace and Services while ensuring compliance with relevant data protection laws (e.g., Saudi PDPL and other applicable privacy frameworks).

4.4 Analytics and Usage Data:
You authorize both the Developer (if applicable) and BizFlowy to collect technical and usage data (non-personally identifiable) to support software updates, product support, marketing, and service improvements.

5. SUPPORT

BizFlowy does not provide support for Apps developed by third-party Developers. For support with Third-Party Apps, you must contact the Developer directly. BizFlowy will provide support only for Marketplace Content that it has developed, in accordance with the BizFlowy Terms of Service. No refunds will be issued for unsupported Third-Party Apps.

6. FEEDBACK

By submitting any ideas, suggestions, or feedback (“Feedback”) to BizFlowy regarding the Marketplace, you grant BizFlowy a non-exclusive, worldwide, royalty-free, irrevocable license to use and disclose such Feedback for any purpose without any obligation to you.

7. PRIVACY

Your use of the Marketplace is subject to these Terms, the BizFlowy Terms of Service, and the BizFlowy Privacy Policy. BizFlowy’s collection, use, and sharing of personal data in connection with the Marketplace are described in the BizFlowy Privacy Policy. Please review that document for detailed information on how your personal data is processed.

8. MODIFICATION OF THE MARKETPLACE TERMS

BizFlowy will use commercially reasonable efforts to notify you of any material changes to these Marketplace Terms. Any updates will be binding upon your next use of the Marketplace, any App, or any Marketplace Content. If you do not agree with the changes, you must discontinue using the Marketplace immediately. Continued use of the Marketplace will constitute acceptance of the updated terms.

9. TERM AND TERMINATION

9.1 Term:
These Marketplace Terms will remain in effect as long as you use the Marketplace or any associated Marketplace Content.

9.2 Termination and Suspension:
BizFlowy may terminate these Marketplace Terms or suspend your access to the Marketplace immediately if you:

• Violate any provision of these Terms or the BizFlowy Terms of Service;
  
• Use the Marketplace in a manner that adversely affects BizFlowy’s reputation, prospects, or its Clients;
  
• Violate the Acceptable Use Policy; or
  
• In BizFlowy’s sole discretion, if necessary to protect BizFlowy or its users.
  

Termination or expiration of these Marketplace Terms does not automatically terminate any other subscription or partner agreement you have with BizFlowy.

10. WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE MARKETPLACE AND ALL MARKETPLACE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BIZFLOWY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SUBSIDIARIES, AGENTS, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIZFLOWY DOES NOT WARRANT THAT THE MARKETPLACE OR ANY APP WILL MEET YOUR REQUIREMENTS, OR THAT CLIENT DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS. YOU USE THE MARKETPLACE AT YOUR OWN RISK, AND ANY MATERIAL OR CONTENT OBTAINED FROM THE MARKETPLACE IS AT YOUR OWN DISCRETION AND RISK.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BizFlowy and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “BizFlowy Entities”) from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your unauthorized or improper use of the Marketplace or the BizFlowy API;
  
  
• Your violation of any applicable law or third-party rights, including intellectual property, confidentiality, or privacy rights;
  
  
• Any dispute between you and a third party (including Customers, Developer Partners, or Third-Party Service Providers);
  
  
• Any Client Data provided by you;
  
  
• BizFlowy’s use of information provided by you or your Customers as contemplated by these Terms;
  
  
• Any breach or alleged breach of these Marketplace Terms; or
  
  
• Any alleged breach of your obligations under any applicable Data Processing Addendum or other related agreement.
  

You shall cooperate with BizFlowy in the defense of any such claims, and you may not settle any claim without BizFlowy’s prior written consent if such settlement does not fully release BizFlowy from liability.

12. DISCLAIMERS

12.1 Disclaimer of Warranties:
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE MARKETPLACE, ALL APPS, AND ALL RELATED SERVICES, MATERIALS, AND CONTENT AVAILABLE THROUGH THE MARKETPLACE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIZFLOWY MAKES NO WARRANTIES THAT THE MARKETPLACE OR ANY APP WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE. YOU ACKNOWLEDGE THAT ANY MATERIAL AND/OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MARKETPLACE IS AT YOUR OWN DISCRETION AND RISK.

12.2 No Legal or Professional Advice:
Nothing in these Terms constitutes legal or professional advice. BizFlowy does not provide legal advice regarding data privacy or compliance with applicable laws. Any reliance on information from the Marketplace or its content is solely at your risk.

13. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BIZFLOWY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE MARKETPLACE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIZFLOWY’S TOTAL LIABILITY SHALL NOT EXCEED, IN AGGREGATE, FIVE THOUSAND U.S. DOLLARS ($5,000.00). FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES, BIZFLOWY’S TOTAL LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00). THESE LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

14. DISPUTE RESOLUTION AND GENERAL TERMS

The dispute resolution provisions and general terms set forth in Sections 15 and 16 of the BizFlowy Terms of Service are hereby incorporated by reference into these Marketplace Terms.