Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the FABPix mobile app, websites, host dashboard and related services (together, the "Service"), operated by FABPix ("FABPix", "we", "us"). By creating an account, joining an event, or using the Service, you agree to these Terms and enter into a legally binding contract with us under the Indian Contract Act, 1872. If you do not agree, do not use the Service.

1. Eligibility & accounts

• Under the Indian Contract Act, 1872 only a person who is 18 years of age or older can enter into a valid contract. You must therefore be at least 18 years old to hold a FABPix account, buy a plan, or agree to these Terms. A person under 18 may use the Service only under the supervision of, and with the verifiable consent of, a parent or legal guardian who agrees to these Terms and accepts responsibility for that use.
• You are responsible for the security of your account and for all activity under it. Sign-in is provided through Google or email; keep your credentials safe.
• You agree to provide accurate, true and complete information and to keep it up to date.

2. Hosts and guests

A host creates an event, chooses a plan, and controls its settings (shared gallery, moderation, guest capacity, invite code). Guests join an event with its code or QR link and contribute photos, videos and moments to the shared album.

• Hosts are responsible for how their event is run, who they invite, and for moderating content in their album.
• Guests are responsible for the content they capture and upload.
• The host may remove, mute or ban a guest, and may remove any content from their event.

3. Your content & licence

You retain ownership of the photos, videos and other content you upload ("Content"). To operate the Service, you grant FABPix a limited, non-exclusive, worldwide, royalty-free licence to host, store, back up, process, resize, transmit and display your Content solely to provide the Service to you and the other members of your event (for example, showing it in the shared album, generating thumbnails, and enabling downloads). This licence ends when the Content is deleted from our systems, subject to the retention and grace periods below and to backups cycling out. We do not sell your Content and we do not use it to train facial-recognition systems.

4. Acceptable use & prohibited content

As a condition of using the Service, and in line with the due-diligence obligations under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree not to host, upload, share, transmit or display any Content, or use the Service in any way, that:

• belongs to another person and to which you do not have any right;
• is obscene, pornographic, paedophilic, or is child sexual abuse material, or otherwise invades another's privacy (including bodily privacy) or is insulting or harassing on the basis of gender;
• is defamatory, hateful, racially or ethnically objectionable, or encourages or incites violence, or relates to or promotes money laundering or gambling;
• is harmful to a child;
• infringes any patent, trademark, copyright or other intellectual-property or proprietary right, or breaches any contract or duty of confidence;
• deceives or misleads the recipient about the origin of the message, or knowingly and intentionally communicates any information which is patently false or misleading in nature;
• impersonates another person, or captures or shares images of people who have not consented;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting to any other nation;
• contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, or attempts to hack, overload, reverse-engineer or disrupt the Service;
• is used for spam, scraping, resale of the Service, or any commercial use we have not authorised.

We may remove or disable access to Content and suspend accounts that breach these rules, with or without notice. Content that is or appears to be child sexual abuse material is reported to the appropriate authorities and preserved as required by law.

5. Our role as an intermediary

In respect of Content that hosts and guests create, upload and share, FABPix acts as an "intermediary" within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. We store and transmit that Content at the direction of our users and do not select, initiate or modify it. We are entitled to the safe-harbour protection under Section 79 of that Act, and we observe the due-diligence requirements of the Intermediary Guidelines, including publishing these Terms and our Privacy Policy, informing users of prohibited content, and appointing a Grievance Officer (see below).

We do not endorse any user Content and are not responsible for it. We are not obliged to monitor Content proactively. On receiving a valid complaint or an order from a court or authorised government agency, or on becoming aware of unlawful Content, we will act to remove or disable access to it within the timelines required by law.

6. Consent & privacy of others

Events involve photographs of real people. The Event Host is the organiser of the event and is responsible for the photos and videos collected during it, for making guests aware that content is being collected into a shared album, and for obtaining any consent required under applicable law. As a guest, only upload images of people who are happy to be photographed and shared within the event. Anyone who appears in Content may ask the Event Host to remove it, and the Event Host can remove any content from their event.

7. Moderation & reporting

Hosts may enable moderation so that uploads require approval before others can see them. Any member can report a photo or video; reports are sent to the host and to FABPix so we can act on safety and terms concerns. We may remove reported Content and take action on accounts. We are not obliged to monitor Content proactively, but we may do so.

8. Grievance redressal

In accordance with the Information Technology Act, 2000 and the Intermediary Guidelines Rules, 2021, and the Consumer Protection Act, 2019, FABPix has appointed a Grievance Officer to receive and resolve complaints about the Service or any Content, including requests to take down unlawful or infringing material.

• Please include enough detail to identify the Content or issue (for example the event name, invite code, a description of the item, and why it breaches these Terms or the law), and a statement that the information in your complaint is accurate.
• The Grievance Officer will acknowledge your complaint within 24 to 48 hours of receipt.
• We will resolve the complaint as quickly as possible and in any event within 15 days of receipt. Complaints about content that is in the nature of the removal of non-consensual intimate imagery will be acted on within 24 hours.
• If you are the person appearing in an event's photos or videos and want them removed, you may also contact the Event Host directly, as explained in the "Consent & privacy of others" section.

9. Plans, add-ons & payment

• Free and paid plans offer different retention periods, guest caps, storage and features. The price, inclusions and limits of each plan and add-on are shown clearly before you pay.
• Add-ons (for example extra guests, extra storage, unlimited photos, original quality) are activated when approved and applied to your event.
• Prices are quoted in Indian Rupees (INR). Whether a price is inclusive or exclusive of Goods and Services Tax (GST) is stated at checkout; where GST applies it is charged at the prevailing statutory rate and, where you are registered, a valid tax invoice with our GSTIN is issued.
• Payments are non-refundable except as set out in our Refund Policy. In particular, no refund is available once the event start date has passed. Nothing in these Terms limits any non-waivable right you have as a consumer under the Consumer Protection Act, 2019.

10. Storage & retention

Content is stored securely with our infrastructure providers and kept for the retention period of your plan. After a plan's retention period ends, or after the grace period following a deletion, Content is permanently removed and cannot be recovered. You are responsible for downloading anything you wish to keep before it is deleted. We may run automated jobs that purge expired or deleted events.

11. Intellectual property

The FABPix name, logo, app, dashboard, designs and software are owned by FABPix and protected by law. These Terms do not grant you any right to our branding or software except the limited right to use the Service as intended. You may not copy, modify or create derivative works of the Service.

12. Suspension & termination

We may suspend or terminate your access, an event, or specific Content if we reasonably believe you have breached these Terms, to protect users or the Service, or to comply with law. You may stop using the Service at any time and may delete your event from the dashboard or app. Suspension or termination for breach does not entitle you to a refund.

13. Disclaimers

The Service is provided "as is" and "as available". While we work hard to keep it reliable, we do not warrant that it will be uninterrupted, error-free, or that Content will never be lost. Keep your own copies of important media. To the maximum extent permitted by law, we disclaim all implied warranties.

14. Limitation of liability

To the maximum extent permitted by law, FABPix will not be liable for indirect, incidental, special or consequential loss, or for loss of data, profit, goodwill or memories. Our total aggregate liability arising out of or relating to the Service is limited to the amount you paid to FABPix for the event giving rise to the claim in the 12 months before the claim (or, for free events, INR 1,000). Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Indian law.

15. Indemnity

You agree to indemnify and hold FABPix harmless from claims, damages and costs arising from your Content, your use of the Service, or your breach of these Terms - including claims by people photographed at your event.

16. Governing law & disputes

These Terms are governed by the laws of India. Subject to any mandatory consumer-protection rights, the courts at Goa, India have exclusive jurisdiction. We will always try to resolve disputes informally first - please contact us or the Grievance Officer named above.

17. Changes & contact

We may update these Terms from time to time. Material changes will be notified via the app or website; continued use after changes take effect means you accept them. Questions? Email [email protected].