TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern your access to and use of the services provided via https://www.foxpop.co and the Foxpop mobile application (collectively, the “Platform”), operated by Foxpop Multimedia Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at 235, 2nd & 3rd Floor, 13th Cross Rd, IndiraNagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038 (“Foxpop”, “we”, “us”, or “our”). These Terms, along with our Privacy Policy [https://www.foxpop.co/privacy-policy] and any supplemental terms, guidelines, or policies issued by us from time to time (“Supplemental Terms), constitute a legally binding agreement between you and Foxpop. By accessing or using the Platform and Services, you agree to be bound by these Terms, the Privacy Policy, and any applicable Supplemental Terms. If you do not agree, you must immediately discontinue use.

You represent that you are at least 18 years of age and have full legal capacity to enter into these Terms. If you are accessing the Services on behalf of a company, organization, or other legal entity, you confirm that you have the authority to bind them to these Terms. Foxpop operates solely as a technology platform and intermediary facilitating connections between service providers (freelancers) and clients. Foxpop is not a party to any engagement, contract, or transaction between users and assumes no liability for the performance or quality of services rendered by third-party freelancers.

We may update or modify these Terms at any time, with or without prior notice, by posting an updated version on the Platform. Your continued use of the Platform after any such update constitutes acceptance of the revised Terms. Use of the Platform is subject to the laws of India. Disputes, if any, shall be subject to binding arbitration under Indian law, as set out in the Dispute Resolution section of these Terms.


1. SERVICES

(a) Foxpop is a digital platform that connects clients with independent, third-party service providers (“Service Providers” or “SPs”) across various multimedia domains, including but not limited to photography, videography, editing, social media management, and influencer marketing (“Professional Services”). Foxpop does not itself offer or perform Professional Services.

(b) Foxpop acts solely as a technology intermediary, enabling the discovery, communication, and booking of Professional Services between clients and independent Service Providers (“SPs”). Foxpop does not employ, represent, or act as an agent for any SP. All SPs operate as independent contractors, and are solely responsible for the quality, legality, timeliness, and completion of the services they offer through the Platform. While Foxpop does not guarantee the outcome or completion of any service, we may, at our discretion, assist in resolving disputes in order to support a positive experience for all users.

(c) Foxpop facilitates payments from clients to SPs, manages refunds (where applicable), and may intervene in disputes related to bookings. For these purposes, Foxpop may be considered a limited contractual party to the transaction. However, Foxpop shall not be held liable for the acts, omissions, delays, or non-performance of SPs under any circumstances.

(d) All Professional Services are rendered by SPs in their independent capacity. SPs are solely responsible for the scope, quality, safety, and completion of the services they agree to deliver through the Platform.

(e) The Platform is currently intended for use within India. By accessing or using the Services, you confirm that you are doing so in compliance with all applicable Indian laws and regulations.

(f) As part of providing the Services, Foxpop may send you transactional or service-related communications via email, text message, or WhatsApp, including updates on bookings, account activity, or service promotions. You may opt out of non-essential marketing communications by contacting privacy@foxpop.co. Please note that opting out of transactional communications may limit Foxpop’s ability to deliver certain core Services.


2. ACCOUNT CREATION AND USAGE

(a) To access or use the Services, users must create an account on the Platform (“Account”) by submitting accurate and complete information, including name, phone number, and email address. You agree to keep your information updated at all times.

(b) You are solely responsible for maintaining the confidentiality and security of your Account credentials. Foxpop will not be liable for any unauthorized access, loss, or damage arising from your failure to safeguard your login information.

(c) By creating an Account, you confirm that you are at least 18 years of age and legally competent to enter into a binding agreement under Indian law.

(d) Service Providers must provide additional information for registration, including:

  • Full name
  • Verified phone number and email
  • Portfolio or work samples
  • Government-issued ID (e.g., Aadhaar, PAN)
  • Bank account details for payouts

Foxpop reserves the right to verify or reject any SP registration at its sole discretion, and to request additional documents or information at any time.

(e) You agree not to create multiple accounts, misrepresent your identity, or use the Platform for unlawful, abusive, or fraudulent purposes. Any such activity may result in immediate suspension or termination of your Account.

(f) Foxpop may suspend, deactivate, or terminate any Account that is found to be in violation of these Terms, inactive for an extended period, or involved in suspicious activity, without prior notice and at its sole discretion.


3. PAYMENTS, FEES & TAXES

(a) Clients may choose to:

  • Pay 50% upfront to confirm the booking, with the remaining 50% payable before service completion; or
  • Pay 100% upfront, which may be eligible for a discount based on ongoing promotional offers.

(b) All payments must be made through the Platform’s secure, third-party payment gateways. Foxpop is not liable for payment failures or delays caused by these external processors.

(c) The base service price is set by the individual Service Provider (SP). Foxpop may add applicable platform fees, taxes, and promotional discounts, which will be clearly shown to the client before payment.

(d) Foxpop charges a commission on each completed booking between clients and SPs, typically ranging from 10% to 15% of the total project value. This includes:

  • A Platform Fee for technology, booking tools, support, and dispute resolution; and
  • A Service Fee for operational handling, verification, and payout management.

This commission is deducted before SP payouts are processed.

(e) A non-refundable platform fee may also be charged to the client during booking to cover operational and support costs. This will be transparently shown at checkout.

(f) Foxpop acts as a limited payment collection agent on behalf of SPs. Receipt of payment by Foxpop is deemed as receipt by the SP for the purpose of service fulfillment.

(g) Goods and Services Tax (GST) is levied as per Indian tax laws on the full value of services, including Foxpop’s commission and platform fees.

(h) Clients and SPs are individually responsible for any additional tax reporting, invoicing, or compliance outside the Platform.

(i) Refunds, if applicable, will be processed only in accordance with Foxpop’s Refund and Cancellation Policy. Clients acknowledge that payment gateway charges and platform fees are non-refundable under any circumstance.

(j) Foxpop reserves the right to cancel or suspend bookings in case of delayed, incomplete, reversed, or suspicious payments, without prior notice.


4. BOOKINGS AND SERVICE COMMITMENT

(a) When a client submits a booking request through the Platform, including a written description of the required deliverables, that information is shared with the selected Service Provider (“SP”) for review and acceptance.

(b) Upon acceptance of the booking by the SP, a binding agreement is formed directly between the client and the SP. Both parties are legally obligated to fulfill their respective commitments as outlined in the confirmed booking, including scope of work, deliverables, timelines, and pricing.

(c) Foxpop is not a party to this service agreement and disclaims any responsibility for the quality, completeness, legality, or timely delivery of the Professional Services. However, Foxpop may, at its sole discretion, assist in facilitating communication or resolving disputes between the client and the SP.

(d) Only the information documented and agreed upon via the Platform shall be considered valid in case of any dispute or clarification regarding the agreed deliverables.

(e) The client and SP acknowledge and agree that by accepting a booking through the Platform, they enter into a valid and legally enforceable contract under applicable Indian laws.


5. CANCELLATION, REFUNDS, AND MODIFICATIONS

(a) Cancellation Policy

Foxpop’s cancellation policy varies based on the type and stage of the service booked. All cancellation requests must be submitted either through the Platform or by writing to support@foxpop.co.

I. Single-Day or Fixed-Date Services

(e.g., photography, videography, influencer shoots, one-time content creation) This applies to services scheduled on a specific calendar date and completed within a single day or fixed time window. Once a booking is confirmed and payment is processed, the following policy applies:

  • Clients may cancel their booking at any time; however, cancellation fees apply based on when the request is made.
  • These fees are intended to compensate Service Providers (SPs) for lost opportunities and time blocked in preparation.
  • Refunds, when applicable, will be processed after deducting cancellation fees and payment gateway charges.
  • No cancellations are accepted once the service has commenced.

Timing of Cancellation (from scheduled service start)

  • Within 12 hours of booking: ₹0 Cancellation Fee, Full refund (minus gateway charges)
  • 72+ hours before service: ₹499 Cancellation Fee, Refund after fee deduction
  • 48–72 hours before service: ₹1,499 Cancellation Fee, Refund after fee deduction
  • 24–48 hours before service: ₹2,599 Cancellation Fee, Refund after fee deduction
  • Within 24 hours of service: ₹3,499 Cancellation Fee, Refund after fee deduction
  • After service has started: ₹0 Cancellation Fee, Not eligible for refund

In case of client no-shows or failure to cancel formally, the booking will be treated as a last-minute cancellation and no refund will be issued.

II. Ongoing or Multi-Day Services

(e.g., video editing, social media management, UGC creation, influencer marketing) For services that span multiple days or involve continuous engagement, cancellation terms are based on project progress:

  • If cancelled before the Service Provider has begun work: ₹999 cancellation fee.
  • If cancelled after partial delivery (within the first 30% of the project timeline): 30% of the total project value will be retained.
  • If cancelled midway (30%–70% of project progress): 60% of the total project value will be retained.
  • If cancelled after 70%+ of the project is completed or final files are delivered: No refund applicable.

Progress is evaluated using internal communication logs, file submissions, and platform activity records. Note: Payment gateway charges and Foxpop platform fees are non-refundable in all cases. Client no-shows or prolonged non-responsiveness may result in the project being marked as “completed,” making it eligible for full SP payout and no refund.

(b) Refunds

  • All approved refunds will be processed to the original payment method within 7–10 business days.
  • For service-related refund claims (due to dissatisfaction or breach), clients must raise a formal request within 72 hours of the issue.
  • Foxpop will review refund requests based on briefs, chat logs, delivery status, and other internal records. Final decisions are made within 7 working days and shall be considered binding.

(c) Modifications

  • For fixed-date services, any request to modify date/time must be raised at least 48 hours in advance.
  • For ongoing projects, modifications to scope or timeline require mutual agreement between the client and SP, facilitated by Foxpop where necessary.
  • If a Service Provider is unwilling or unavailable to accommodate the requested changes, the standard cancellation policy will apply.

(d) Final Authority

Foxpop retains sole and final discretion to determine the validity of cancellation, refund, and modification requests. By using the platform, all users agree to accept Foxpop’s decisions on these matters as final and binding.


6. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by applicable law, Foxpop’s total liability for any claim arising out of or relating to a booked service shall be limited to the net amount paid by the client for that specific service, excluding payment gateway charges and Foxpop’s platform fees.

(b) Foxpop shall not be liable for any indirect, incidental, punitive, or consequential damages, including but not limited to:

  • Loss of profits, revenue, goodwill, or business opportunities
  • Creative dissatisfaction or subjective dissatisfaction with deliverables
  • Delays, non-performance, or miscommunication by Service Providers
  • Any third-party claims relating to content, data, or intellectual property
  • Client no-shows or failure to provide necessary information for the service

(c) Foxpop is not responsible for:

  • Unlawful, negligent, or inappropriate conduct by Service Providers
  • Breach of third-party intellectual property rights by Service Providers
  • Unauthorized use, disclosure, or distribution of client content or private data by SPs
  • Any damages resulting from interactions between clients and SPs outside the Platform

(d) Clients are solely responsible for reviewing a Service Providers portfolio, style, and communication before confirming a booking. Foxpop does not guarantee compatibility or specific creative outcomes.

(e) Foxpop provides all Services on a best-effort basis and disclaims all warranties, express or implied, to the extent permitted under Indian law.

(f) To the extent permitted by applicable law, Foxpop disclaims all liability for any events, losses, or disputes arising from matters beyond its direct operational control.


7. CLIENT RESPONSIBILITIES

(a) Clients are required to provide accurate, complete, and timely information regarding the scope of services, deliverables, timelines, expectations, and any other relevant project details. Foxpop shall not be liable for any delays, miscommunication, or unsatisfactory outcomes resulting from incomplete briefs or misaligned expectations.

(b) Clients must ensure that:

  • For physical/on-site services, a safe, clean, and accessible location is available for the Service Provider;
  • For remote/digital services, all necessary content, access, brand assets, and communication are shared promptly to enable smooth delivery;
  • Payments are made on time as per booking terms, and cooperation is maintained throughout the project lifecycle.

(c) Clients are strictly prohibited from:

  • Engaging, hiring, or attempting to hire any Service Provider outside the Foxpop Platform for a period of six (6) months following the completion of any service initiated through Foxpop, unless expressly authorized in writing by Foxpop;
  • Soliciting or encouraging Service Providers to bypass Foxpop’s booking, communication, or payment systems, either directly or indirectly;
  • Abusing, harassing, threatening, or coercing Service Providers through any form of communication, whether on or off the Platform.

(d) Clients are solely responsible for safeguarding any sensitive content, brand assets, or confidential information shared with Service Providers. Foxpop does not assume liability for any misuse, leaks, or unauthorized use of such material unless it results directly from negligence on the part of the Platform.

(e) Any violation of these responsibilities may result in immediate penalties, including warning notices, temporary suspension, permanent account termination, and/or legal action to protect Foxpop’s commercial interests, the safety of its users, and the integrity of the Platform.


8. INTELLECTUAL PROPERTY

(a) Client Ownership:

  • Unless otherwise agreed in writing, the client shall retain full ownership of the final deliverables created by the Service Provider under a confirmed booking, upon full payment. This includes photos, videos, edited content, and other tangible outputs.

(b) Service Provider Rights:

Service Providers may use portions of the completed work strictly for non-commercial, portfolio, or self-promotional purposes (e.g., on Behance, Instagram), provided:

  • The client is credited appropriately, and
  • The client has not opted out of such usage at the time of booking.

Clients may opt out via written notice or during the booking process.

(c) Client-Provided Materials:

  • Clients are solely responsible for ensuring they have appropriate licenses, ownership, or usage rights for all content they provide to SPs (e.g., brand logos, music tracks, footage, brand assets). Foxpop is not liable for any infringement claims arising from such content.

(d) Foxpop IP:

  • All intellectual property on the Platform — including the name “Foxpop,” its logo, proprietary scripts, platform design, and backend tools — remain the sole and exclusive property of Foxpop Multimedia Private Limited. Unauthorized use, reproduction, or distribution of Foxpop’s branding, assets, or technology is strictly prohibited.

9. DISPUTE RESOLUTION

(a) Initiating a Dispute

Clients or Service Providers may raise a formal dispute by emailing grievances@foxpop.co. Disputes may be raised:

  • During an ongoing service (e.g., social media management, editing retainers, influencer campaigns), or
  • Within seven (7) working days of the service date or final delivery, whichever is applicable.

The complaint must include:

  • Booking ID
  • Service category (e.g., SMM, Photography)
  • A detailed description of the issue
  • Supporting evidence (e.g., screenshots, files, timelines, messages)

(b) Mediation Process

Foxpop will begin an internal mediation process to evaluate the dispute. This may include:

  • A request for further clarification from both parties
  • A temporary pause on the ongoing project (if applicable)
  • A timeline for corrective action or response

Foxpop reserves the right to decide whether:

  • The service should continue with revised terms
  • A replacement SP should be offered
  • A refund (partial or full) should be issued
  • The service should be terminated entirely

All decisions will be based on documented communications, evidence submitted, and platform policies.

(c) Arbitration (if unresolved)

If mediation fails to resolve the issue, the dispute shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996, with the following terms:

  • Language: English
  • Venue: Bangalore, India
  • Arbitrator: Sole arbitrator mutually agreed upon by the parties, or appointed by Foxpop if consensus is not reached
  • Costs of arbitration shall be borne as decided by the arbitrator

(d) Jurisdiction

Subject to the arbitration clause above, the courts at Bangalore, Karnataka shall have exclusive jurisdiction over any other disputes, including those related to enforcement of arbitral awards or interim relief.


10. PROHIBITED ACTIVITIES

(a) While using the Foxpop Platform, users (including clients and Service Providers) are strictly prohibited from:

  • Harassment & Abuse: Harassing, threatening, intimidating, defaming, or discriminating against Service Providers, other users, or Foxpop personnel in any form, whether via the Platform or external channels.
  • Fraudulent Activity: Providing false, misleading, or fraudulent information at any stage, including account registration, service briefs, payments, reviews, or disputes.
  • Platform Circumvention: Attempting to engage or hire a Service Provider outside the Foxpop Platform for any service initially discovered, initiated, or booked via Foxpop, within six (6) months of the original booking.
  • Privacy Violations: Sharing, disclosing, or distributing any personal, private, or sensitive information (including phone numbers, documents, or identities) of Service Providers or other users without their explicit written consent.
  • Malicious Content or Activity: Uploading or transmitting viruses, malware, or any content that disrupts the functionality, security, or performance of the Platform.
  • Unauthorized Automation: Using bots, scrapers, automated tools, or scripts to access, collect, or manipulate Platform content or data without prior written permission from Foxpop.
  • Intellectual Property Misuse: Using, copying, modifying, or distributing any part of the Platform, including Foxpop branding, scripts, or SP content, without appropriate rights or authorization.
  • Spam & Promotional Abuse: Sending unsolicited commercial messages, spam, or irrelevant promotional content through any channel associated with the Platform.

(b) Violations of the above may, at Foxpop’s sole discretion, result in:

  • Warning notices;
  • Temporary or permanent account suspension;
  • Cancellation of active or upcoming bookings (without refund);
  • Forfeiture of any promotional credits or benefits;
  • Reporting to appropriate legal authorities;
  • Civil or criminal legal action under applicable Indian laws, including the Information Technology Act, 2000 and Indian Penal Code, 1860.

(c) Foxpop reserves the exclusive right to determine, interpret, and enforce these rules. Permission, where referenced above, may be granted or withheld entirely at Foxpop’s discretion.


11. GOVERNING LAW AND JURISDICTION

(a) These Terms shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles.

(b) Subject to Clause 8 (Dispute Resolution), any legal proceedings arising out of or in connection with these Terms — including enforcement of arbitral awards or interim relief — shall be subject to the exclusive jurisdiction of the competent courts in Bangalore, Karnataka, India.


12. UPDATES TO TERMS AND CONDITIONS

(a) Foxpop may modify, revise, or update these Terms at any time, at its sole discretion. Updated Terms will be posted on the Platform with the effective date clearly mentioned.

(b) Where the changes materially impact user rights, obligations, or payments (such as updates to refund policies, dispute processes, or fee structures), Foxpop may notify users via email, app notification, or other reasonable means. However, such notification shall not be a precondition for the enforceability of the updated Terms.

(c) It is your responsibility to review the Terms periodically. By continuing to access or use the Platform after any changes are posted, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, you must stop using the Platform and may request account deactivation.


13. FORCE MAJEURE

Foxpop shall not be held liable for any delay, interruption, or failure to perform its obligations under these Terms if such delay or failure results from causes beyond its reasonable control. These include, but are not limited to:

  • Acts of God, natural disasters, floods, fires, earthquakes
  • Epidemics, pandemics, or government-imposed lockdowns
  • Technical failures, internet outages, server crashes, or infrastructure disruptions
  • Acts of government, regulatory changes, court orders, or law enforcement directives
  • Labor disputes, strikes, or civil unrest
  • Delays or failures caused by third-party service providers or partners

In such events, Foxpop’s obligations shall be suspended for the duration of the force majeure event. No refunds or compensation shall be due for service interruptions caused by such circumstances.


14. CONTACT INFORMATION

If you have any questions, concerns, complaints, or requests relating to these Terms or the Services, please reach out to us:

  • Email: grievances@foxpop.co
  • Phone: +91- 83107800959
  • Address: 235, 2nd & 3rd Floor, 13th Cross Rd, IndiraNagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038

Foxpop will address grievances and queries in accordance with applicable laws. For privacy-related concerns, you may also write to privacy@foxpop.co.


15. ENTIRE AGREEMENT

These Terms, including the Privacy Policy and any additional guidelines, rules, or policies referenced herein or on the Platform, constitute the entire agreement between you and Foxpop with respect to the Services. They supersede all prior or contemporaneous understandings, agreements, communications, or representations, whether oral or written.


16. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be deemed severed from the Terms without affecting the validity and enforceability of the remaining provisions.


17. WAIVER

No failure or delay by Foxpop in exercising any right, remedy, or provision under these Terms shall be deemed a waiver of that or any other right. Any waiver must be expressly granted in writing to be legally effective.


18. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without Foxpop’s prior written consent. Foxpop may freely assign, transfer, or delegate its rights and obligations under these Terms, including as part of a merger, acquisition, sale of assets, or by operation of law.