TERMS AND CONDITIONS

Together, we create a fair and inclusive platform for all.

These terms and conditions (“Terms”) govern the use of services made available on or through https://www.foxpop.co and/or the Foxpop mobile app (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include our privacy policy, available at https://www.foxpop.co/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

The Terms constitute a binding and enforceable legal contract between Foxpop Technologies Private Limited (a company incorporated under the Companies Act, 2013, with its registered address at [Insert Address], and its affiliates (“Foxpop,” “we,” “us,” or “our”), and you, a user of the Services, or any legal entity that books Services on behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms or comply with the requirements listed here, please do not use the Services.


1. SERVICES

(a)Foxpop acts as a platform that connects clients with independent third-party service providers (“Service Providers” or “SPs”) in the multimedia domain. Foxpop serves solely as an intermediary, facilitating bookings, payments, and communication between clients and SPs. It does not provide the Professional Services directly and is not liable for the actions, omissions, or performance of SPs. including but not limited to photography, videography, editing, social media management, and influencer marketing.

(b)The services rendered by SPs are referred to as “Professional Services”. Foxpop does not provide the Professional Services itself and is not responsible for their provision. SPs are solely responsible for the quality and completion of the Professional Services they offer or provide through the Platform.

(c) Foxpop facilitates the transfer of payments to SPs on behalf of clients but is not a party to the contract between clients and SPs.

(d) The Platform is intended for use only within India. By using the Services, you confirm that you are accessing the Platform in compliance with Indian laws and regulations.

(e) A key part of the Services is Foxpop’s ability to send you text messages, emails, or WhatsApp messages, including in connection with your bookings, your utilization of the Services, or as a part of its promotional and marketing strategies. You may opt out of receiving these messages by contacting privacy@foxpop.co, although this may impact Foxpop’s ability to provide certain Services.


2. ACCOUNT CREATION AND USAGE

(a) To use the Services, you must create an account on the Platform (“Account”) by providing accurate personal details, including your name, phone number, and email address.

(b) You are responsible for maintaining the confidentiality of your Account credentials. Foxpop will not be liable for unauthorized access or activities on your Account caused by your failure to secure your credentials.

(c) By creating an Account, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement.

(d) SP registration requires additional details, such as:

● Name

● Verified phone number and email

● Portfolio or work samples

● Government ID (Aadhar, PAN) for verification

● Banking details (for payouts).


3. PAYMENTS AND PRICING.

(a) Clients can pay either:

● 30% of the total amount upfront to confirm the booking, with the remainder due before completion of the service.

● The full amount upfront, which may be eligible for a discount as per the ongoing offers.

(b) Payments must be made through the Platform’s secure payment gateways. Foxpop is not responsible for errors or delays caused by third-party payment processors.

(c) All charges, fees, and applicable taxes will be clearly displayed to you before payment.

(d) Liability Limitation on Refunds: Refunds will only be processed in accordance with the Refund Policy. Payment gateway charges are non-refundable.


4. Cancellation, Refunds, and Modifications

(a) Cancellation Policy:

● Cancellations made within 12 hours of booking: No charges; full refund.

● Cancellations made 72+ hours before the scheduled service: ₹499 will be charged.

● Cancellations made 48-72 hours before the scheduled service: ₹1,499 will be charged.

● Cancellations made 24-48 hours before the scheduled service: ₹2,599 will be charged.

● Cancellations made within 24 hours of the scheduled service: ₹3,499 will be charged.

(d) Refunds:

● Refunds will be initiated as per the cancellation timelines.

● Refunds for disputes regarding service quality must be approved by Foxpop after an internal review. The internal review process includes an evaluation of the complaint within 7 working days, during which Foxpop will consider evidence such as communication records, service deliverables, and client feedback. Refund decisions will be communicated to the client via email and will reflect the findings of the review.

(c) Modifications:

● Modifications to the service date or time are subject to SP availability and must be requested at least 48 hours in advance.


5. Limitation of Liability

(a) Foxpop’s liability is strictly limited to the amount paid by the client for the specific service in question. Foxpop is not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, goodwill, or business opportunities. This limitation aligns with applicable consumer protection laws in India and ensures that liability remains proportionate to the amount paid for the service.

(b) Foxpop is not liable for:

● Indirect, incidental, or consequential damages.

● Loss of profit, goodwill, or business opportunities.

● Creative differences or dissatisfaction with artistic or subjective outcomes.

(c) Clients are encouraged to review SP portfolios before hiring to ensure alignment with their expectations.


6. Client Responsibilities

(a) Clients must provide clear, accurate, and complete service requirements to SPs to avoid misunderstandings or delays.

(b) Clients must ensure the availability of a safe, clean, and appropriate location for the service, if applicable. (c) Clients are prohibited from:

(c) Clients are prohibited from:

● Engaging with SPs outside the Platform for subsequent services for a period of six months following the completion of the initial service. Any violations will result in penalties, including account suspension, permanent termination, or legal action as deemed appropriate by Foxpop. following the completion of the initial service.

● Soliciting SPs to bypass the Platform’s booking and payment system.

(b) Violations of these guidelines may result in account suspension, termination, or legal action.


7. INTELLECTUAL PROPERTY

(a) Clients retain ownership of all deliverables provided by SPs. SPs may showcase the work in their portfolio with proper credits unless the client explicitly opts out during the booking process.

(b) Unauthorized use of Foxpop’s trademarks, branding, or content is strictly prohibited.


8. DISPUTE RESOLUTION

(a) Clients can raise disputes by contacting Grievances@foxpop.co within 7 working days of the service.

(b) Foxpop will mediate disputes and reserves the right to make the final decision.

(c) If a dispute cannot be resolved through mediation, it will be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will be conducted in Bangalore, India, and the decision will be final and binding.


9. Prohibited Activities

(a) Clients are prohibited from:

● Harassing, discriminating, or abusing SPs or other users.

● Engaging in fraudulent activities or providing false information.

● Sharing confidential or personal details of SPs without their consent.

(b) Violations of these guidelines may result in account suspension, termination, or legal action.


10. Governing Law and Jurisdiction

(a) These Terms are governed by and construed in accordance with the laws of India.

(b) Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts in Bangalore, India.


11. Updates to Terms and Conditions

(a) Foxpop reserves the right to update these Terms at any time. Updates will be communicated via email and posted on the Platform.

(b) By continuing to use the Platform after updates are made, you agree to the revised Terms.


12. Force Majeure

Foxpop shall not be held liable for delays or failures in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, technical failures, government actions, or acts of God.


13. Contact Information

For queries or concerns, please contact:

● Email: Grievances@foxpop.co