Terms of Service
These Terms govern your access to and use of the Flipick platform, websites and services. Please read them carefully before using the Service.
View Privacy Policy →Agreement and acceptance
These Terms of Service ("Terms") govern your access to and use of the Flipick platform, websites and services (the "Service") operated by Flipick ("Flipick", "we", "us"). By creating an account, purchasing Credits or using the Service, you ("Customer", "you") agree to these Terms. If you use the Service on behalf of an organisation, you confirm you are authorised to bind it.
Definitions
- Service / Platform
- The Flipick websites, application and related services.
- Credits
- The prepaid unit of usage. Unless otherwise stated in an order, 1 Credit = ₹1.
- Customer Content
- Briefs, scripts, brand assets, images, audio, data and other materials you provide.
- Asset Library Elements
- Characters, products, locations and other references you create or upload.
- Generated Output
- Videos and related assets the Service produces from your inputs.
- Recipient
- An individual to whom you distribute video.
- Recipient Data
- Personal data about Recipients you provide for personalization or distribution (e.g., name, email, phone/WhatsApp number).
Eligibility and accounts
You must be at least 18 and able to form a binding contract. You are responsible for your account credentials and for all activity under your account, must keep them secure, and must notify us promptly of any unauthorised use.
The Service and licence to use
Subject to these Terms and payment of applicable Credits, Flipick grants you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. We may update, improve or change features of the Service from time to time.
Credits, pricing, billing and taxes
The Service is priced in Credits. Unless otherwise agreed, 1 Credit = ₹1. Video creation is charged per finished minute by edit complexity, and distribution is charged per Recipient by volume band, per the then-current rate card.
Credits are purchased in advance and consumed when you generate or distribute video. Credits are non-refundable except where required by law.
Fees are exclusive of taxes; you are responsible for applicable taxes (e.g., GST). We may change pricing prospectively; changes do not affect Credits already purchased.
Customer Content and your responsibilities
You retain ownership of your Customer Content. You grant Flipick a worldwide, royalty-free licence to host, process, reproduce and modify your Customer Content solely to provide and support the Service (including generating, personalizing and delivering Generated Output).
You represent and warrant that you hold all rights, consents and licences necessary for your Customer Content and its use in the Service — including rights to brand assets, trademarks, products, music, and the name, image, likeness and voice of any real person depicted or referenced (including brand ambassadors, presenters and employees).
You are solely responsible for the lawfulness of your Customer Content and Recipient Data.
Generated Output and intellectual property
As between you and Flipick, and subject to your payment of applicable Credits and any third-party rights in underlying models, you own the Generated Output you create and may use it for your lawful business purposes.
Flipick and its licensors retain all rights in the Service, platform, software, models and templates. No rights are granted except as expressly stated.
Because of the nature of generative AI, Generated Output may not be unique, and similar output may be produced for others. You are responsible for reviewing Generated Output before use.
Acceptable use
You must not use the Service to:
- violate any law or any third party's rights;
- create or distribute content that is unlawful, infringing, defamatory, deceptive, harassing, hateful or otherwise harmful;
- depict or imitate the name, face, likeness or voice of any real person without their verifiable consent, or create deceptive "deepfake" content;
- create any content that sexualizes or exploits minors;
- impersonate others, or present Generated Output as unedited footage of real events;
- upload malware, or attempt to breach or test the security of the Service;
- reverse engineer, resell or sublicense the Service except as permitted; or
- contact Recipients without a lawful basis and required consents, including compliance with anti-spam laws and messaging-platform policies (for example, WhatsApp Business policies).
Personalization, distribution and data roles
You may provide Recipient Data to personalize and distribute video. As between the parties, you are the controller / Data Fiduciary of Recipient Data and Flipick acts as your processor / Data Processor, processing it on your documented instructions to provide the Service. Our Privacy Policy and Data Processing Addendum govern this processing.
You are responsible for providing all notices to, and obtaining all consents from, Recipients required for personalization, delivery (e.g., email, WhatsApp) and analytics, and for honouring their rights and opt-outs.
Third-party services
The Service integrates third-party services (for example, cloud hosting, AI model providers, messaging/email delivery and payment processing). Your use may be subject to their terms, and we are not responsible for third-party services.
Confidentiality
Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms and will protect it with reasonable care, except where disclosure is required by law.
Warranties and disclaimers
The Service and Generated Output are provided "as is" and "as available", without warranties of any kind to the maximum extent permitted by law. AI-generated output may be inaccurate, incomplete or unexpected, and you are responsible for reviewing and verifying it before use. We do not warrant that the Service will be uninterrupted or error-free.
Limitation of liability
To the maximum extent permitted by law, Flipick will not be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, data or goodwill. Flipick's total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to Flipick in the 12 months before the claim.
Indemnification
You will indemnify and hold Flipick harmless from claims, damages and costs arising out of your Customer Content, Recipient Data, Generated Output, or your use of the Service in breach of these Terms or applicable law.
Term, suspension and termination
These Terms apply while you use the Service. Either party may terminate as set out here or in an applicable order.
We may suspend or limit the Service for breach, non-payment, suspected unlawful use, or security or legal reasons.
On termination, your right to use the Service ends. Unused Credits are handled per our refund policy.
Changes to these Terms
We may update these Terms. We will notify you of material changes, and your continued use of the Service after changes take effect constitutes acceptance.
Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-laws rules. The courts at Pune, Maharashtra will have exclusive jurisdiction, subject to any agreed arbitration under the Arbitration and Conciliation Act, 1996, with seat at Pune.
Miscellaneous
You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Neither party is liable for events beyond its reasonable control (force majeure). If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement between the parties regarding the Service. Notices will be sent to the contact details on file.
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