Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and AviaMania Technologies Private Limited ("AviaMania", "we", "us"), a company incorporated under the Companies Act 2013 with registered office at Dr. Annie Besant Road 144, Worli, Mumbai 400018, Maharashtra, India.

By accessing or using this Website or by entering into a commercial engagement with AviaMania, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accessing the Website or entering into an agreement on behalf of a legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree, please discontinue use of the Website immediately.

1. Definitions

• "Agreement" means a specific Statement of Work, Proposal, or Master Services Agreement entered into between AviaMania and a B2B Client, incorporating these Terms by reference.
• "B2B Client" or "Client" means a legal entity that enters into a commercial engagement with AviaMania for the purpose of licensing, customising, or deploying the AviaMania Platform.
• "Platform" means the AviaMania aviation simulation game software, white-label infrastructure, operator dashboard, APIs, and associated documentation provided to Clients under an Agreement.
• "Licence" means the limited, non-exclusive, non-transferable right to use the Platform as specified in an Agreement.
• "Deliverables" means the specific customised builds, configuration outputs, and documentation produced by AviaMania for a Client under an Agreement.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, source code, proprietary algorithms, design rights, and related intangible assets.
• "End User" means any individual who accesses or plays the Client's deployed version of the Platform.

2. Website Use

The Website is provided for informational and commercial inquiry purposes only. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit the use of the Website by others.

You must not attempt to gain unauthorised access to any part of the Website, its underlying server infrastructure, or any connected systems. You must not use automated means (bots, scrapers, crawlers) to extract data from the Website without our express written permission. You must not transmit any material that is harmful, defamatory, offensive, or in violation of applicable law.

AviaMania reserves the right to restrict or terminate your access to the Website at any time without notice if we reasonably believe you have violated these Terms or applicable law.

3. B2B Licence Grant and Restrictions

3.1 Licence Grant

Subject to the payment of applicable fees and compliance with these Terms and the relevant Agreement, AviaMania grants the Client a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Platform solely for the purposes, in the markets, and for the duration specified in the applicable Agreement.

3.2 Licence Restrictions

The Client must not, directly or indirectly:

• Decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code of the Platform (except to the extent expressly permitted by applicable law and only after written notice to AviaMania)
• Copy, reproduce, or create derivative works based on the Platform, other than as expressly permitted in the Agreement
• Sell, resell, sublicence, assign, or transfer the Platform or any rights under these Terms to any third party without AviaMania's prior written consent
• Remove, alter, or obscure any proprietary notices, copyright statements, or AviaMania attribution within the Platform codebase
• Use the Platform in connection with any activity that is illegal under applicable law, including unlicensed gambling operations where such licence is required
• Use the Platform in a manner that could damage AviaMania's reputation or bring AviaMania into disrepute

4. Intellectual Property

4.1 AviaMania IP

AviaMania retains all right, title, and interest in and to: the Platform core engine and codebase; all proprietary game mechanics, algorithms, and deterministic logic; the operator dashboard software; all APIs, SDKs, and integration tools; and all documentation, materials, and know-how developed by AviaMania. These Terms and any Agreement do not transfer ownership of AviaMania's Intellectual Property to the Client.

4.2 Client IP

The Client retains all right, title, and interest in and to: its brand assets (logos, trademarks, trade names, colour schemes) provided to AviaMania for white-label application; its player database and end-user data generated through its deployment; and any bespoke content (copy, media, route names, promotional materials) created by the Client specifically for its deployment.

4.3 Deliverables Ownership

Customised builds and white-label configurations produced under an Agreement ("Deliverables") are licensed — not sold — to the Client. The Client receives a perpetual licence to use the Deliverables for its own operations. AviaMania retains underlying IP rights. Clients may not commercialise, resell, or distribute Deliverables to third parties without a separate written agreement.

5. Fees and Payment

All fees are as specified in the applicable Agreement or Proposal. Unless otherwise stated, all amounts are quoted in Indian Rupees (INR) and are exclusive of Goods and Services Tax (GST) at the applicable rate. International clients may be invoiced in USD under a separate Agreement.

Standard payment terms are: 50% of the project fee due on Agreement signing (non-refundable after the design and scope review phase is completed); 50% due upon the Client's written acceptance of the UAT build, prior to production deployment. Late payments accrue interest at 1.5% per month from the due date.

AviaMania reserves the right to withhold production deployment, suspend managed hosting services, or terminate an Agreement for non-payment of undisputed invoices outstanding for more than 30 days after the due date.

6. Confidentiality

Each party agrees to maintain the strict confidentiality of the other party's Confidential Information (defined as any non-public information disclosed in connection with the business relationship, including technical specifications, pricing, business strategies, and source code) and to use it solely for the purposes of the Agreement. Confidentiality obligations survive termination of the Agreement for a period of five years.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this clause; (b) was already known to the receiving party without restriction; (c) is independently developed by the receiving party without reference to the disclosing party's Confidential Information; or (d) must be disclosed by law or court order.

7. Representations and Warranties

AviaMania warrants that: the Platform, as delivered, will materially conform to the functional specifications in the Agreement; it has the right to grant the licences described herein; the Deliverables will not, to AviaMania's knowledge, infringe the Intellectual Property rights of any third party; and it will provide services with reasonable professional skill and care.

The Client warrants that: it has all necessary legal authorisations and licences to operate a skill gaming product in its target market; it will use the Platform in compliance with all applicable laws; all brand assets provided to AviaMania are owned by or licenced to the Client; and it will implement appropriate age verification and responsible gaming mechanisms for its end users.

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• AviaMania's total aggregate liability to the Client under or in connection with any Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client to AviaMania in the twelve months immediately preceding the event giving rise to the claim.
• AviaMania shall not be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including loss of revenue, loss of profits, loss of data, or loss of goodwill, even if AviaMania has been advised of the possibility of such damages.
• Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless AviaMania and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the Client's use of the Platform in violation of these Terms or applicable law; (b) the Client's operation of an unlicensed gaming product; (c) claims by End Users arising from the Client's product or services; or (d) breach of the Client's representations and warranties under Section 7.

10. Term and Termination

These Terms remain in effect for the duration of any active Agreement. Either party may terminate an Agreement: (a) immediately upon written notice if the other party commits a material breach and fails to cure such breach within 30 calendar days of written notice; (b) immediately if the other party becomes insolvent, enters administration, or ceases to carry on business; or (c) by mutual written agreement.

Upon termination, the Client's licence to use the Platform immediately ceases. The Client must delete all copies of the Platform from its systems within 10 business days of termination and certify such deletion in writing. Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.

11. Force Majeure

Neither party shall be in breach of these Terms or liable for delay or non-performance of obligations caused by events beyond their reasonable control, including natural disasters, acts of government, pandemic, widespread internet outages, or third-party platform failures. The party affected must notify the other party promptly and take all reasonable steps to mitigate the impact.

12. Governing Law and Dispute Resolution

These Terms and all Agreements shall be governed by and construed in accordance with the laws of India, without reference to conflict of law principles. The courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any dispute arising under these Terms, subject to the arbitration clause below.

Any dispute, controversy, or claim arising out of or in connection with these Terms or an Agreement, including any question regarding its existence, validity, or termination, shall first be referred to senior management of both parties for good-faith negotiation for a period of 30 days. If unresolved, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended), with a sole arbitrator appointed by mutual agreement or by the Bombay High Court. The seat and venue of arbitration shall be Mumbai, Maharashtra. The language of arbitration shall be English.

13. Amendments

AviaMania may amend these Terms at any time by posting an updated version on the Website and updating the "Last Updated" date. Amendments to terms governing an existing Agreement require the written consent of both parties. Continued use of the Website after the effective date of an amendment constitutes acceptance of the revised Terms for Website-related provisions.

14. General Provisions

Entire Agreement: These Terms, together with any Agreement and its annexures, constitute the entire agreement between the parties and supersede all prior communications, representations, and agreements relating to the subject matter.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

No Waiver: Failure to enforce any right under these Terms shall not constitute a waiver of that right.

Notices: Legal notices must be sent by registered post or email with delivery confirmation to the addresses specified in the applicable Agreement, or to Dr. Annie Besant Road 144, Worli, Mumbai 400018 and legal@pozzazz.com for notices to AviaMania.