MASTER TERMS OF SERVICE

Effective Date: February 14, 2025
Last Updated: February 14, 2025
Version: 2.0

Section 1: Definitions and Interpretation

Platform – The Flykup™ video commerce marketplace (websites, apps, APIs, and services).
Company/We/Us/Our – Kaps Nextgen Pvt Ltd.
User – Anyone using the Platform.
Seller – An individual or business selling on the Platform.
Buyer – An individual or business purchasing on the Platform.
Content – Any text, images, videos, audio, software, or other materials.
Shoppable Video – Interactive videos allowing direct purchases.
Live Commerce – Real-time streaming with shopping features.
Intellectual Property Rights – Patents, copyrights, trademarks, and other ownership rights.
Headings are for convenience only.
References include amendments and re-enactments.
“Including” means “including without limitation.”
Singular includes plural and vice versa.

Section 2: Acceptance of Terms

By using the Platform, you agree to these Terms, Privacy Policy, and all laws.
You must be at least 18, legally capable of contracts, and not restricted by law.
If acting for a company, you must have authority to bind it.
We may update Terms anytime, with notice via the Platform, email, or announcements. Continued use means acceptance.

Section 4: User Registration and Accounts

You must provide accurate details, create a strong password, and use one account per user/entity.
You’re responsible for account security and must report unauthorized use immediately.
Accounts may be suspended/terminated for violations, fraud, inactivity, or legal reasons.

Section 5: Seller Obligations

Sellers must have valid registration, licenses, and comply with laws.
Product listings must be accurate, genuine, properly taxed, and legally obtained.
Content must be original/licensed, follow guidelines, and not contain prohibited material.
Sellers must maintain high order, delivery, rating, and response standards.
Prohibited seller activities include fake reviews, price manipulation, counterfeit sales, data misuse, and unfair practices.

Section 6: Buyer Rights and Responsibilities

Buyers can browse, order, and pay securely through videos and live streams.
Buyers must give accurate delivery details, pay on time, and inspect products on arrival.
Buyers are protected with authentic product guarantees, secure payments, return/refund rights, and data privacy.

Section 7: Prohibited Items and Activities

Prohibited items include counterfeit goods, stolen items, weapons, drugs, tobacco, adult services, hazardous materials, wildlife products, and anything illegal.
Prohibited activities include law violations, fraud, harassment, malware, data scraping, fake accounts, money laundering, and illegal transactions.

Section 8: Intellectual Property

All Platform code, designs, trademarks, and algorithms belong to Kaps Nextgen Pvt Ltd.
By uploading content, you give us a license to use, modify, display, and distribute it.
We act on infringement complaints, remove violators, and follow legal takedown procedures.

Section 9: Payment Terms

Section 10: Data Protection and Privacy

We collect and process data under Indian laws, GDPR (for EU users), and our Privacy Policy.
Data is secured with encryption, audits, backups, and breach notifications within 72 hours.

Section 11: Limitation of Liability

We are not liable for indirect or special damages, third-party actions, or events beyond our control.
Our maximum liability is limited to the fees you paid in the past 12 months.
You agree to indemnify us against violations, disputes, or wrongful conduct.

Section 12: Dispute Resolution

Issues must first go through Platform support, then management, with mediation possible.
Arbitration will follow Indian law, held in Coimbatore, Tamil Nadu, in English.
Courts in Coimbatore have exclusive jurisdiction if required.

Section 13: General Provisions