1. Acceptance of Terms
Welcome to FlickyTales (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the FlickyTales website, mobile applications, and related services (collectively, the “Platform”).
By creating an account, accessing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
These Terms constitute a legally binding agreement between you and FlickyTales Technologies Pvt. Ltd., a company incorporated under the laws of India, with its registered office at Mumbai, Maharashtra.
You must be at least 18 years of age to create an account and use our Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- “Platform” refers to the FlickyTales website (flickytales.com), iOS and Android mobile applications, APIs, and all associated services.
- “User” means any individual who creates an account on the Platform to search for, hire, and book photography services.
- “Photographer” means any individual who registers on the Platform to offer professional photography services to Users.
- “Booking” means a confirmed engagement between a User and a Photographer for photography services, arranged through the Platform.
- “Content” means any photographs, videos, text, reviews, profile information, or other materials submitted to or generated on the Platform.
- “Deliverables” means the photographs, edited images, videos, or other media produced by a Photographer in connection with a Booking.
- “Platform Fee” means the service charge retained by FlickyTales for facilitating transactions between Users and Photographers.
3. Platform Overview
FlickyTales is a two-sided marketplace that connects individuals seeking professional photography services with verified freelance photographers. We provide the technology infrastructure to facilitate discovery, booking, communication, payment processing, and delivery of photography services.
FlickyTales is not a photography agency. We do not employ Photographers, nor do we direct or control the manner in which Photographers perform their services. Each Photographer is an independent contractor who independently sets their rates, availability, and service offerings.
FlickyTales does not guarantee the quality, safety, legality, or accuracy of any Booking or Deliverable. We act solely as a marketplace facilitator and are not party to any agreement between Users and Photographers.
4. Account Registration
4.1 Creating an Account
To access most features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at security@flickytales.com if you suspect any unauthorized use of your account. You are responsible for all activities that occur under your account.
4.3 One Person, One Account
Each person may maintain only one active User account and one active Photographer account. Creating multiple accounts for the same role is prohibited and may result in suspension or termination of all accounts.
4.4 Photographer Verification
Photographers must complete our verification process, which may include identity verification, portfolio review, and background checks. Acceptance as a Photographer on the Platform is at our sole discretion.
5. Booking & Payments
5.1 Booking Process
Users may browse Photographer profiles and request Bookings through the Platform. A Booking is confirmed only when both parties have agreed to the session details and full payment (or required deposit) has been processed through our payment system.
5.2 Pricing
Photographers independently set their hourly rates and package prices. All prices displayed on the Platform are inclusive of applicable taxes unless explicitly stated otherwise. FlickyTales reserves the right to apply a Platform Fee, which will be clearly disclosed during checkout.
5.3 Payment Processing
All payments must be made through FlickyTales’s designated payment gateway. We currently accept Visa, Mastercard, RuPay, UPI, and select Net Banking options. Payments made outside the Platform are strictly prohibited and void your protections under our dispute resolution process.
5.4 Photographer Payouts
Photographers receive payment after successful delivery and client acceptance of Deliverables, minus the applicable Platform Fee. Standard payout processing takes 3 to 5 business days. FlickyTales reserves the right to withhold payouts during active dispute investigations.
5.5 Platform Fee
FlickyTales charges a Platform Fee of between 10% and 20% of each Booking value, depending on Photographer tier and subscription plan. The exact fee is disclosed at the time of booking confirmation. Platform Fees are non-refundable except in cases of Platform error.
6. Cancellations & Refunds
Cancellations and refunds are governed by our separate Refund Policy, which is incorporated into these Terms by reference. Please review the Refund Policy carefully before making a Booking.
Key points include:
- Cancellations made more than 72 hours before a session are eligible for a full refund of the session fee.
- Cancellations made between 24 and 72 hours before a session may be eligible for a partial refund.
- Cancellations made within 24 hours of a session are generally non-refundable.
- Photographer cancellations result in a full refund plus a platform credit for the User.
- Platform Fees are non-refundable regardless of the cancellation reason.
7. Photographer Obligations
By registering as a Photographer on the Platform, you agree to:
- Maintain all required professional licenses, permits, or certifications necessary to provide photography services in your jurisdiction.
- Accurately represent your skills, equipment, portfolio, and experience on your profile.
- Honour all confirmed Bookings. Cancellations must be made with reasonable notice and may result in account penalties.
- Deliver Deliverables within the agreed timeframe, as specified in the Booking terms.
- Maintain professional conduct toward Users at all times, both on the Platform and during in-person sessions.
- Obtain all necessary model releases and location permits prior to conducting shoots, and provide copies to FlickyTales upon request.
- Not solicit direct payment from Users for Bookings initiated through the Platform.
- Comply with all applicable laws, including data protection laws, when handling photographs of individuals.
8. User Obligations
As a User of the Platform, you agree to:
- Provide accurate information when requesting Bookings, including location, timing, and subject matter.
- Treat Photographers with respect during sessions and communications.
- Honour confirmed Bookings. Repeated last-minute cancellations may result in account suspension.
- Pay all amounts due through the Platform payment system before or on the agreed payment date.
- Provide honest, accurate reviews based on your genuine experience with a Photographer.
- Obtain consent from any third parties who will appear in photographs, particularly minors.
- Not request services that are illegal, unsafe, or violate our Community Guidelines.
9. Intellectual Property
9.1 Photographs and Deliverables
Unless explicitly agreed otherwise in writing, the Photographer retains full copyright over all photographs and Deliverables created during a Booking. Upon full payment, the User receives a non-exclusive, non-transferable personal license to use the Deliverables for personal, non-commercial purposes.
Commercial licenses must be negotiated separately between the User and Photographer and documented in a written agreement. FlickyTales is not party to such agreements.
9.2 Platform Content
All content on the Platform created by FlickyTales, including the website design, logos, text, graphics, and software, is owned by FlickyTales Technologies Pvt. Ltd. and is protected by applicable intellectual property laws.
9.3 User-Submitted Content
By submitting reviews, profile photos, or other content to the Platform, you grant FlickyTales a worldwide, royalty-free, non-exclusive license to use, display, and distribute such content for the purpose of operating and promoting the Platform.
10. Prohibited Conduct
You agree not to engage in any of the following activities:
- Using the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
- Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
- Circumventing our payment system by arranging off-platform payments with Photographers.
- Posting false, misleading, or defamatory reviews or content.
- Harassing, threatening, or abusing other users, Photographers, or FlickyTales staff.
- Interfering with or disrupting the Platform or servers connected to the Platform.
- Using automated scripts or bots to access the Platform without our express written consent.
- Collecting personal information about other users without their consent.
- Requesting photography services involving illegal activity, non-consensual subjects, or content harmful to minors.
Violation of these prohibitions may result in immediate account suspension, permanent ban, and referral to law enforcement authorities where appropriate.
11. Disclaimers
The Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. FlickyTales does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
FlickyTales does not endorse, vouch for, or make any representation regarding the quality, safety, or legality of any photography services offered by Photographers on the Platform. You engage Photographers at your own risk.
FlickyTales is not responsible for the actions, conduct, or representations of any Photographer, including during in-person photography sessions. We strongly recommend meeting Photographers in public or semi-public locations for initial sessions.
12. Limitation of Liability
To the maximum extent permitted by applicable law, FlickyTales Technologies Pvt. Ltd., its directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Platform.
Our total aggregate liability to you for any claim arising from or related to these Terms or the Platform shall not exceed the greater of: (a) the total fees paid by you through the Platform in the 12 months preceding the claim, or (b) INR 10,000 (Indian Rupees Ten Thousand).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless FlickyTales Technologies Pvt. Ltd. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Platform.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property rights or privacy rights.
- Any Booking you arrange through the Platform.
- Any Content you submit to the Platform.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts of Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes arising from or related to these Terms.
The Platform may be used by persons in other countries. If you access the Platform from outside India, you do so at your own risk and are responsible for complying with all local laws.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute, you agree to contact FlickyTales at legal@flickytales.com and attempt to resolve the matter informally. We will try to resolve your concern within 30 calendar days of receipt.
15.2 Mediation
If informal resolution fails, disputes between Users and Photographers regarding a Booking shall be submitted to FlickyTales’s internal dispute resolution process. Our team will review the evidence provided by both parties and issue a determination within 14 business days.
15.3 Arbitration
Any dispute that cannot be resolved through our internal process shall be finally settled by binding arbitration conducted by the Mumbai Centre for International Arbitration (MCIA) in accordance with its rules. The arbitration shall be conducted in English, in Mumbai, India.
15.4 No Class Actions
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.
16. Changes to Terms
FlickyTales reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and by posting a notice on the Platform at least 14 days before the changes take effect.
Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform and close your account.
We maintain an archive of previous versions of these Terms. You may request a previous version by contacting us at legal@flickytales.com.
17. Contact Us
If you have any questions about these Terms, please contact us:
- Email: legal@flickytales.com
- Postal address: FlickyTales Technologies Pvt. Ltd., Level 5, WeWork Bandra Kurla Complex, Mumbai, Maharashtra 400051, India
- Support portal: help.flickytales.com
- Grievance Officer: In accordance with the Information Technology Act, 2000, and the rules made thereunder, the name and contact details of the Grievance Officer are: grievance@flickytales.com (response within 24 hours on business days)