These Terms of Service ("Terms") constitute a legally binding agreement between you and AviaMania Technologies Private Limited (CIN: U72900MH2019PTC000000, registered at SV Road 210, Andheri West, Mumbai 400058, Maharashtra, India; hereinafter "AviaMania", "we", "our", or "us") governing your access to and use of the website at https://aviamania.in (the "Website") and any related services, content, or products we provide.
By accessing the Website, submitting an enquiry, or entering into a commercial agreement with us, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use our Website or services.
These Terms apply to all visitors, prospective clients, and existing B2B clients. Separate service agreements, statements of work, and non-disclosure agreements may supplement these Terms in the context of a specific commercial relationship.
1. Eligibility
By using our Website and services, you represent and warrant that:
- You are at least 18 years of age
- You are accessing the Website in your capacity as a representative of a registered business or as an individual acting in a professional capacity
- You have the legal authority to bind yourself or your organisation to these Terms
- Your use of the Website does not violate any applicable law or regulation in your jurisdiction
2. Permitted Use of the Website
Subject to these Terms, AviaMania grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for the purpose of evaluating or engaging with our B2B services.
You agree that you will not:
- Use the Website for any unlawful, fraudulent, or harmful purpose
- Attempt to gain unauthorised access to any part of the Website or its underlying infrastructure
- Introduce malware, viruses, trojans, or any other code intended to disrupt, damage, or gain unauthorised access to any system
- Scrape, crawl, or harvest data from the Website without our express written permission
- Reproduce, modify, distribute, or create derivative works from our Website content without authorisation
- Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks
- Impersonate AviaMania, its employees, or any other person or entity
3. Intellectual Property
3.1 AviaMania's Intellectual Property
All content published on the Website, including but not limited to text, graphics, logos, images, user interface elements, game engine concepts, documentation, and software code, is the exclusive intellectual property of AviaMania Technologies Private Limited or its licensors and is protected under the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999, and other applicable Indian and international intellectual property laws.
Nothing in these Terms grants you any right, title, or interest in AviaMania's intellectual property except as expressly stated.
3.2 Licence to Client IP
Where a B2B client provides us with branding assets, logos, trade marks, or other materials for the purpose of customising the AviaMania platform, the client grants us a limited, royalty-free licence to use those materials solely for the purpose of delivering the contracted services. We will not use client IP for any other purpose.
3.3 Platform Licence to Clients
Our white-label game platform is provided under the terms of a separate service agreement. Unless expressly stated in that agreement, AviaMania retains all intellectual property rights in the platform's underlying technology, code, and game mechanics. The client receives a licence to operate the platform under their brand, not ownership of the underlying software.
4. B2B Services — General Terms
4.1 Enquiries and Proposals
Submission of an enquiry form on our Website does not constitute a binding agreement or obligation on either party. Any proposal or quotation provided by AviaMania is valid for 30 days from the date of issue unless otherwise stated. Acceptance of a proposal must be confirmed in writing by an authorised signatory of both parties.
4.2 Service Agreements
The delivery of our B2B platform and customisation services is governed by the specific service agreement signed between AviaMania and the client. In the event of any conflict between these Terms and a signed service agreement, the terms of the service agreement shall prevail with respect to the subject matter it covers.
4.3 Payment
Unless otherwise agreed in a signed service agreement, our standard payment terms are as follows:
- Starter package: 100% of the licence fee is due before project commencement
- Professional package: 50% on agreement signing, 50% upon go-live sign-off
- Enterprise package: As negotiated and documented in the signed agreement
- All annual maintenance fees are invoiced 30 days before the renewal date and are due within 14 days of the invoice date
Late payments attract interest at the rate of 1.5% per month (18% per annum) from the due date until payment is received in full. We reserve the right to suspend services where payment is more than 14 days overdue.
4.4 Confidentiality
Both parties agree to maintain the confidentiality of all non-public information disclosed in the course of evaluating or performing services, including pricing, technical specifications, and business strategies. This obligation survives termination of the commercial relationship for a period of three years, unless a separate NDA specifies a different term.
5. Disclaimer of Warranties
The Website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. AviaMania expressly disclaims all warranties including, but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- That the Website will be continuously available, error-free, or free of viruses or other harmful components
- The accuracy, completeness, or timeliness of any information published on the Website
Nothing in these Terms shall exclude or limit liability for fraud, death, or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable Indian law.
6. Limitation of Liability
To the maximum extent permitted by applicable law, AviaMania's total cumulative liability to you arising out of or relating to the use of the Website shall not exceed INR 5,000 (Indian Rupees Five Thousand). This limitation applies regardless of the form of action and whether in contract, tort, or otherwise.
For liability arising from a specific service agreement, the limitation of liability shall be as set out in that agreement. In the absence of a specific provision, AviaMania's liability shall not exceed the total fees paid by the client in the three months preceding the event giving rise to the claim.
In no event shall AviaMania be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
7. Third-Party Content and Links
Our Website may contain links to third-party websites or services. These links are provided for convenience only and do not imply endorsement by AviaMania. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website. We encourage you to read the terms and privacy policies of any third-party site you visit.
8. Modifications to the Website
AviaMania reserves the right to modify, suspend, or discontinue any part of the Website at any time without prior notice or liability. We may also modify the features, content, or pricing information published on the Website at our sole discretion.
9. Modifications to These Terms
We reserve the right to update these Terms at any time. Material changes will be communicated by updating the "Last Updated" date on this page. We recommend that you review these Terms periodically. Your continued use of the Website following any change constitutes acceptance of the revised Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
For disputes arising from a service agreement, the dispute resolution mechanism set out in that agreement shall apply. Where the service agreement provides for arbitration, any arbitration shall be conducted in English in Mumbai under the Arbitration and Conciliation Act, 1996, as amended.
11. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, and the remaining provisions shall continue in full force and effect.
12. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, Disclaimer, and any signed service agreement, constitute the entire agreement between you and AviaMania with respect to your use of the Website and our services, superseding all prior understandings, representations, or agreements, whether written or oral, relating to the same subject matter.
13. Contact
If you have any questions about these Terms of Service, please contact us:
AviaMania Technologies Private Limited
SV Road 210, Andheri West, Mumbai 400058, Maharashtra, India
Email: legal@fujianhengqin.com
Telephone: +91 22 4517 8392