Terms and Conditions

By accessing and using the website and services of FBM (Fymkan Business Machines), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms and Conditions ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services"). Please read these Terms carefully before using our Services.

FBM (Fymkan Business Machines) provides technology and business solutions including but not limited to:

• Custom software development and web application development
• ERP system implementation and customization
• AI automation and integration services
• Digital marketing and branding services
• Business consulting and strategic planning
• System administration and technical support
• Related technology and business services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

When using our Services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the security of your account credentials and notify us of any unauthorized access
• Use our Services only for lawful purposes and in accordance with these Terms
• Not engage in any activity that interferes with or disrupts our Services or servers
• Not attempt to gain unauthorized access to any portion of our Services
• Not use our Services to transmit any malicious code, viruses, or harmful code
• Respect intellectual property rights and not infringe upon the rights of others

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and code, are owned by FBM (Fymkan Business Machines) or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Work: Unless otherwise specified in a separate written agreement, intellectual property rights to custom-developed software, applications, or deliverables created specifically for a client will be transferred to the client upon full payment. FBM retains the right to use general methodologies, frameworks, and non-proprietary components.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our proprietary materials without our prior written consent.

Project Agreements: Specific project terms, deliverables, timelines, and payment schedules will be outlined in separate project agreements or statements of work (SOW). These agreements take precedence over these general Terms for the specific project.

Payment Terms: Unless otherwise specified:

• Payment terms will be specified in project agreements
• Invoices are due within the timeframe specified in the project agreement
• Late payments may incur interest charges as specified in the project agreement
• We reserve the right to suspend services for overdue accounts
• All fees are non-refundable unless otherwise specified in writing

Service Warranties: We strive to provide high-quality services and will work diligently to meet project specifications. However, we make the following disclaimers:

• Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied
• We do not guarantee that our Services will be uninterrupted, error-free, or completely secure
• We do not warrant that the results obtained from using our Services will meet your requirements
• We are not responsible for third-party services, software, or platforms that may be integrated with our Services
• Any warranties provided will be explicitly stated in project agreements

To the maximum extent permitted by law:

• FBM (Fymkan Business Machines) shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from or related to our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim
• We are not liable for any loss of data, profits, business opportunities, or goodwill
• We are not responsible for delays or failures in performance resulting from circumstances beyond our reasonable control

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

We understand the importance of confidentiality in business relationships:

• We will maintain confidentiality of your proprietary information and business data
• We will not disclose your confidential information to third parties without your consent, except as required by law
• We expect you to maintain confidentiality of our proprietary methodologies and pricing information
• Specific confidentiality terms may be detailed in project agreements or non-disclosure agreements (NDAs)

We are committed to protecting your data and privacy. Our data collection and usage practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy to understand how we handle your data.

Our website and services may use third-party technologies and platforms. By using our Services, you agree to the following:

10.1 Meta (Facebook) and Analytics

We use Meta Pixel (Facebook Pixel) and Google Analytics for analytics and advertising. These services may collect and process data as described in our Privacy Policy. Your use of our website constitutes consent to such processing. Meta’s and Google’s respective terms and privacy policies apply to their handling of your data.

10.2 WhatsApp Business API

We use the WhatsApp Business API to communicate with you (e.g., booking confirmations, support, and inquiries). When you provide your phone number or contact us via WhatsApp, you agree that we may use WhatsApp to send you service-related messages. Use of WhatsApp is subject to WhatsApp’s terms of service and privacy policy. We are not responsible for WhatsApp’s availability, security, or data practices.

Your use of our Services indicates your acceptance of these third-party services as described in this section and in our Privacy Policy.

Termination by You: You may stop using our Services at any time. However, you remain responsible for any outstanding payments and obligations under project agreements.

Termination by Us: We may suspend or terminate your access to our Services if:

• You breach these Terms or any project agreement
• You fail to make required payments
• You engage in fraudulent, illegal, or harmful activities
• We decide to discontinue the Services (with reasonable notice when possible)

Upon termination, your right to use the Services will immediately cease, and we may delete your account and data in accordance with our data retention policies.

You agree to indemnify, defend, and hold harmless FBM (Fymkan Business Machines), its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your provision of inaccurate or incomplete information

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Jurisdiction: Any disputes arising from or related to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

Dispute Resolution Process: Before initiating legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration as mutually agreed.

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending email notifications for significant changes (when applicable)

Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you should discontinue use of our Services.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and FBM (Fymkan Business Machines) regarding the use of our Services, superseding any prior agreements or understandings.

If you have any questions about these Terms and Conditions, please contact us: