These Terms & Conditions ("Terms") govern your use of the Posterfly website and/or the Posterfly mobile application (collectively, the "Platform") made available by Primetrace Technologies Private Limited ("Posterfly", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office at 4th Floor, 246, 17th Cross Road, Sector 6, HSR Layout, Bengaluru, Karnataka, 560102, India. The terms "you" and "your" refer to the user of the Platform.
These Terms are to be read with the Posterfly Privacy Policy. If you do not agree with these Terms, please do not use this Platform.
Our Services (as described below) and these Terms are compliant with the Indian Penal Code, 1860, and the Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with the laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so in your jurisdiction.
You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. By using our Platform, you agree to these Terms. If you are using these Services outside India, please also comply with your local laws.
Changes to Terms and Services
Our Platform is dynamic and may change rapidly. As such, we may change the Services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally. We may remove or add functionalities to our Platform and Services without notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please keep visiting this page from time to time to stay updated on our latest changes and developments.
Who May Use Our Services
Posterfly helps businesses, professionals, and creators design ready-to-use posters for their brand, generate fresh poster content daily, download and share it across social media, and connect with other users through our in-app chat feature ("Service/Services").
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any other legal person, then you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" shall refer to that entity.
How to Use Our Services
We have developed a platform that lets you create branded posters for your business and share your Posterfly experience across social media platforms. To use our Services, you may be required to register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. We do not read any information stored on your mobile device or computer without your permission.
General Notes on Cancellation and Refund
1. Posterfly offers a premium plan to access additional templates, branding tools, and features on the app, and a user can pay either monthly or annually for the same.
2. Recurring subscription fee — You can access these premium features by agreeing to pay the premium fee for the plan you select.
i. You can place a cancellation request at any time by sending an email to support@crafto.app mentioning your registered mobile number or email id.
ii. We will cancel your membership within 24 hours of receiving such email.
iii. Any payments made prior to cancellation are non-refundable.
iv. For iOS, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
v. You will continue to receive the premium benefits till the end of the plan for which you have been charged prior to the cancellation event.
3. In case there is more than one interpretation of any of the terms mentioned above, the Company reserves the right to make the final and binding interpretation.
4. In all cases, you agree that any disputes will be subject to the laws of the Republic of India and the courts of Bengaluru shall have exclusive jurisdiction over all such disputes.
Privacy Policy
To effectively provide and introduce new Services to you, we collect certain information such as your phone number and your name. We may further request and store additional information, including the business details, logos, and images you upload to brand your posters. Such information is stored securely on Amazon Web Services ("AWS") cloud servers and the Google Cloud Platform cloud servers, and is therefore also subject to the terms of the AWS and Google Cloud privacy policies. The Posterfly Privacy Policy explains how we collect, use, share, and store the information collected, and details your rights under law and how you may control the data you provide us.
Your Commitments
Providing a safe Service for a broad audience requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us, as set out below.
No Impersonation or False Information to be Provided
You are required to use your actual name and correct details on our Platform, including a correct phone number, to use our Services. You will not falsely represent yourself as another person or as a representative of another person or business to use our Services. You will not lie about your details, including your age, for any reason.
Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to virus attacks. You will ensure that you have the requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and you will not link multiple accounts to your phone number. You will be responsible for all content posted by any account linked to your phone number.
Content Removal and Termination
Your usage of our Platform is governed by these Terms. If any of our users report your content to be against these Terms, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of these Terms, we may be compelled to terminate your account and block you from registering with us. If you wish to appeal any such removal, you may write to us at policy@crafto.app.
Platform Not to be Used For Anything Unlawful or Illegal
Our Platform is designed to accommodate a diverse range of businesses, creators, and content. You shall not use our Platform to share any content which is obscene, pornographic, harmful to minors, discriminatory, spreads hate speech, incites any form of violence or hatred against any persons, is seditious in nature, violates any laws of the Republic of India, or is otherwise barred from being shared under any laws of the Republic of India. We reserve the right to remove such content.
In addition, please note that we may share your information with appropriate law-enforcement authorities if we have a good-faith belief that it is reasonably necessary to comply with a legal obligation; to protect the rights or prevent harm to our property or safety, our customers, or the public; or to detect, prevent, or otherwise address public safety, fraud, security, or technical issues. You understand, however, that we cannot be held responsible for any actions done by or to you by a third party or user through the Platform.
Content Rights and Liabilities
We allow you to create and share posters, photographs, images, videos, and other content on our Platform. We do not claim ownership over the original content you upload, and the rights in that content remain with you. You will not use our Platform to violate or infringe upon our or any third party's intellectual-property rights. Such content is against these Terms and may be removed from the Platform. If you use any templates, design elements, or content developed by us, we shall continue to own the intellectual-property rights in such content.
By sharing, posting, or uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
You may request to delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Posterfly Privacy Policy.
You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, or for the consequences of such sharing or posting. We will not be liable or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.
Intermediary Status and No Liability
We are an intermediary under the Information Technology Act, 2000 and the rules framed thereunder. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules that require the publishing of the rules and regulations, the Posterfly Privacy Policy, and these Terms for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users.
We do not control what people do or say and are not responsible for their (or your) actions, whether online or offline. We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or for any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
You Will Not Attempt to Disrupt or Jeopardize Posterfly
You agree not to interfere with, or use non-public areas of, our Platform, Services, and technical delivery system. You will not introduce any trojans, viruses, other malicious software, or bots, or scrape our Platform for any user information. You will not probe, scan, or test the vulnerability of any system, security, or authentication measure implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile, report such actions to the appropriate law-enforcement authorities, and proceed against you with legal action.
Automatic Downloads and Updates
We are constantly updating our Platform and Services. To use our Platform, you may need to download the Posterfly mobile application to your mobile device and update it from time to time. You will need to install the latest version of the Posterfly mobile application each time such an update is generated.
Permission to Use Cookies
We may use cookies, pixel tags, web beacons, mobile device IDs, and similar files or technologies to collect and store information relating to your use of the Services and third-party websites. Please see the Posterfly Privacy Policy for more information regarding the use of cookies and other technologies described in this section, including your choices relating to such technologies.
Data Retention
We shall have the right to retain certain information regarding your usage of the Platform. Please view the Posterfly Privacy Policy for further information relating to the collection, storage, and use of your information by us.
Our Agreement and What Happens If We Disagree
Who Has Rights Under These Terms
The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.
How We Will Handle Disputes
In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Bengaluru shall have exclusive jurisdiction over all such disputes.
Grievance Officer
We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform-usage concerns. We will endeavour to resolve the issues raised by you within 30 (thirty) days of receiving them. You may contact the Grievance Officer at the following email:
Email: policy@crafto.app
Limitation of Liability
We do not assume any liability with respect to any loss or damage arising directly or indirectly due to any inaccuracy or incompleteness of any information, or a breach of any warranty or guaranty, due to the actions of any user of the Platform.
The Platform and Services are provided on an "as is" and "as available" basis without any representation or warranties, express or implied, except as otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure, or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect, or consequential damages suffered as a consequence of a breach of these Terms by another user, or arising out of the use of or reliance on any of the Services or the Platform. In the event any exclusion contained herein is held to be invalid and we become liable for loss or damage, such liability shall be limited to the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
Indemnification
You agree to indemnify, defend, and hold harmless us, and our subsidiaries, affiliates, and agents and their respective officers, directors, employees, successors, and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under these Terms; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer-protection right; (iv) any violation of law or contractual obligation and any claims, demands, or notices pursuant to such violation; and (v) your negligence or wilful misconduct. This obligation will survive the termination of these Terms.
Unsolicited Material
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them, and we are under no obligation to keep them confidential.
General
If any aspect of these Terms is unenforceable, the rest will remain in effect.
Any amendment or waiver to our Terms must be in writing and signed by us.
If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law-enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
We reserve all rights not expressly granted to you.