Terms and Conditions

TERMS OF USE
CrewCaller India - Professional Networking Platform
Effective Date: 26th August 2025

Table of Contents
1. Acceptance of Terms
2. Eligibility and User Accounts
3. User Responsibilities and Code of Conduct
4. User-Generated Content (UGC)
5. License Grant to CrewCaller India
6. Platform Features and Limitations
7. Job Postings, Bookings, and Payments
8. Third-Party Services and Links
9. Intellectual Property Rights
10. Privacy and Data Protection
11. Termination and Suspension
12. Disclaimers and Limitation of Liability
13. Indemnification
14. Modifications to the Terms or Services
15. Governing Law and Dispute Resolution
16. Grievance Redressal and Contact Information
17. Miscellaneous
18. Notices
19. Use by Minors and Children's Data
20. Marketing, Communications, and User Consent
21. Data Portability and Account Deletion
22. Affiliate, Partner, or White-Label Use
23. Beta Features and Trials
24. Feedback and Suggestions

1. Acceptance of Terms

1.1. Acceptance of Terms

1.1.1. Binding Agreement
By accessing, registering with, or using the CrewCaller India mobile application and its associated services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and all applicable laws and regulations of India. If you do not accept these Terms, you are not authorized to access or use the Services. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Fractal Vision LLP ("Company", "we", "us", or "our"), a limited liability partnership registered under the LLP Act, 2008, having its registered office in Gurugram, Haryana, India.

1.1.2. Capacity and Authority
You confirm that you are competent to enter into a contract under the Indian Contract Act, 1872, and are not disqualified under any applicable Indian law from using the Services. If you are registering or using the Services on behalf of an entity (such as a production company or agency), you represent that you are fully authorized to accept these Terms on their behalf and to bind such entity to these Terms. If you do not have such authority, you must not use the Services on behalf of that entity.

1.1.3. Consent to Electronic Agreement and Data Processing
You agree that your use of the Services and any communications, notifications, consents, or disclosures provided electronically are equivalent to written agreements as recognized under the Information Technology Act, 2000. You consent to receive all communications from CrewCaller India electronically, including amendments to these Terms and other legal documents. By accepting these Terms, you also consent to the collection, processing, and storage of your personal data in accordance with our Privacy Policy and applicable laws, including the Information Technology Act, 2000, the SPDI Rules, 2011, and the Digital Personal Data Protection Act, 2023. You acknowledge that these Terms and associated records are valid as electronic records under the Indian Evidence Act, 1872 and the Information Technology Act, 2000, and you waive any objection to their enforceability in electronic form.

1.1.4. Ongoing Acceptance
By continuing to access or use the Services after any modifications to these Terms are posted, you expressly reaffirm your acceptance of the updated Terms. Each time you access the Services, you are deemed to have accepted the most current version of the Terms in effect at that time.

1.1.5. Modification of Terms
We reserve the right to modify or update these Terms at any time. Material changes will be communicated via in-app notifications or to your registered email address. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

1.1.6. Withdrawal of Consent and Enforcement
If you do not agree to these Terms or any future amendments, you must immediately discontinue use of the Services and delete your account. CrewCaller India reserves the right to deny, suspend, or terminate your access to the Services for non-acceptance or breach of these Terms, as permitted under applicable law.

1.1.7. Governing Law and Jurisdiction
These Terms, and your acceptance of them, are governed by the laws of India. Any disputes arising from the acceptance or enforcement of these Terms shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana.

2. Eligibility and User Accounts

2.1. Eligibility and User Accounts

2.1.1. Eligibility
Age and Capacity: You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872. By accessing, registering with, or using the Services, you represent and warrant that you are at least 18 years of age. Use of the Platform by anyone under 18 years of age is strictly prohibited, regardless of parental or guardian consent.
Legal Compliance: You are not disqualified or barred under any law in force in India from accessing or using digital services.
Location of Use: You confirm that you are accessing the Services in accordance with all applicable local, state, and national laws of India.

2.1.2. User Categories & Permissible Purpose
Intended Users: The Services are intended exclusively for professionals and entities engaged in the Indian film, television, digital media, advertising, and entertainment industries—including, but not limited to, talent, technicians, creative crew, production crew, recruiters, producers, and production houses.
Lawful Use Only: You agree to use the Services solely for lawful, professional, and industry-related purposes, such as networking, job discovery, recruitment, collaboration, and project staffing within audio-visual production environments. Any use unrelated to legitimate purposes is strictly prohibited.

2.1.3. Account Registration
Accurate and Verifiable Information: To access key features, you must register an account with accurate, current, and verifiable information. You are responsible for promptly updating your account to ensure information remains accurate.
Single Account Policy: Unless explicitly permitted by the Company, you may register and maintain only one account per individual or authorized entity.
Confidential Credentials: You are solely responsible for maintaining the confidentiality and security of your login credentials and must not share your account with any other individual or entity.
Identity and Representation: You may not impersonate any person or organization, misrepresent your affiliation, credentials, or qualifications, or use false, misleading, or incomplete information. Such conduct may result in suspension or termination.
Responsibility for Activity: You are fully responsible for all actions taken through your account, whether authorized by you or not.

2.1.4. Identity and Verification
• Verification Rights: The Company reserves the right to request documentary or other proof at any time to confirm your identity, professional credentials, or eligibility.
• Review and Monitoring: The Company may conduct periodic checks or reviews of user profiles, including in response to suspected violations or as part of ongoing monitoring.
• Account Action: If any information you provide is found to be false, misleading, incomplete, or unverifiable, your account may be rejected, suspended, or terminated without notice or liability.
We reserve the right to request government-issued ID or other proof of age at any time.

2.1.5. Account Non-Transferability and Entity Use
Non-Transferable Account: Your account is personal and non-transferable. You may not assign, transfer, sublicense, or otherwise permit any third party (individual or entity) to use your account.
Entity Use Declaration: If you register on behalf of a company, agency, or production house, you represent and warrant that you have full legal authority to do so and to bind such entity to these Terms. Use without such authority is prohibited and may result in account removal.

2.1.6. Consequences of Non-Compliance
Platform Remedies: The Company reserves the right to:
• Refuse or revoke registration;
• Suspend or permanently disable any account;
• Report suspicious or unlawful activity to competent authorities;
• for any actual or suspected violation of these Terms or applicable law, without notice or liability.
Legal Cooperation: The Company will cooperate fully with Indian law enforcement and regulatory bodies, including providing account or user information as required by applicable law.

3. User Responsibilities and Code of Conduct

3.1. User Responsibilities and Code of Conduct

3.1.1. Lawful and Ethical Use
You shall use the CrewCaller India platform ("App" or "Services") solely for lawful purposes, in accordance with these Terms, the Privacy Policy, and all applicable Indian laws and regulations, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Indian Penal Code, and the Indecent Representation of Women (Prohibition) Act.
By using any feature of the platform, you reaffirm that you are at least 18 years old.
You must act in good faith, providing only true, accurate, and up-to-date information. Promptly update your profile to reflect changes in your professional or contact details.
You shall conduct yourself professionally, respectfully, and honestly, refraining from unprofessional, exploitative, or coercive conduct.

3.1.2. Account Security and Integrity
You are responsible for safeguarding your login credentials and for all activities conducted through your account.
Immediately report any unauthorized access or suspected security breaches to the Company.
You may only maintain one account per individual or authorized entity, unless explicitly permitted by the Company.
You may not share, transfer, or allow any third party to access or use your account.

3.1.3. Prohibited Conduct
You agree not to, directly or indirectly:
Unlawful Activities: Post, upload, transmit, or share content that is unlawful, false, misleading, defamatory, obscene, pornographic, harassing, threatening, abusive, fraudulent, invasive of privacy, or otherwise prohibited under Indian law (including but not limited to Sections 67, 67A, and 67B of the Information Technology Act, 2000 and the Indecent Representation of Women (Prohibition) Act).
• Infringement of Rights: Infringe copyright, trademark, patent, trade secret, or other proprietary or legal rights of others; submit or use content without proper authorization or license.
• False Identity/Misrepresentation: Impersonate any person or entity, misrepresent your identity, qualifications, affiliation, or authorization status.
• Discrimination and Harassment: Engage in, promote, or facilitate discrimination, hate speech, harassment, bullying, or offensive conduct based on gender, caste, religion, ethnicity, or any protected status under Indian law.
• Unsolicited or Malicious Activity: Send unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, or promotional messages; upload or distribute viruses, malware, or harmful code.
• Unauthorized Access or Disruption: Interfere with, disrupt, or attempt to bypass or disable any security, authentication, or access-control measures; use bots, scripts, or automation to access the App; attempt to overload, hack, or otherwise compromise platform integrity.
• Promotion or Solicitation of Illegal Activities: Promote, solicit, or facilitate illegal activities (e.g., gambling, narcotics, terrorism, trafficking).
• Privacy Violations: Collect or harvest personal data of other users without lawful consent, or process such data in violation of the Digital Personal Data Protection Act, 2023, or other privacy requirements.

3.1.4. Content Ownership, Accuracy, and Licensing
You are solely responsible for the accuracy, quality, and legality of all content submitted, including (but not limited to) profile information, job postings, portfolios, images, videos, reviews, and communications.
By uploading or posting content, you affirm you have all necessary rights and permissions, and grant the Company a non-exclusive, worldwide, royalty-free license (to the extent permitted under Indian law) to use, display, reproduce, and distribute such content as part of the Services.

3.1.5. Professional Conduct and Industry Standards
Conduct yourself with honesty, integrity, respect, and fairness towards all users.
Refrain from making fraudulent job postings, creating fake profiles, making false promises, or engaging in exploitative or inappropriate requests (e.g., exchanging services for personal favors).
Maintain standards of professionalism fitting for the Indian film, television, and media community.

3.1.6. User Cooperation and Reporting
You are responsible for your interactions with other users and must promptly report to the Company any suspected illegal activities or breaches of these Terms using the App's reporting facility or the designated grievance channels.
You agree to cooperate with any investigation by the Company or by authorized government or law enforcement agencies into violations of these Terms or applicable law.

3.1.7. Moderation and Enforcement
The Company reserves the right (but is not obligated) to monitor, review, remove, edit, suspend, or disable any content or user accounts that violate these Terms, applicable law, or community standards, with or without notice, at its sole discretion.
Repeated, severe, or criminal violations may result in permanent bans, removal of content, civil/criminal liability, and reporting of your activity to legal or law enforcement authorities, as required or permitted by Indian law.
The Company is not obligated to mediate disputes between users but may, at its discretion, investigate and take appropriate action where necessary to protect platform integrity.

4. User-Generated Content (UGC) Rights & Responsibilities

4.1. Definition of UGC
User-Generated Content ("UGC") means any information, text, images, videos, audio, graphics, endorsements, reviews, portfolios, job postings, comments, messages, or any other material you upload, post, submit, share, transmit, or display via the CrewCaller India platform.

4.2. Content Ownership & License to Platform
• Ownership: You retain all intellectual property rights in your UGC, except as limited by the license granted below.
• License Grant: By uploading or submitting UGC, you grant CrewCaller India (Fractal Vision LLP), its partners, and affiliates a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license (to the extent permitted by Indian law) to use, reproduce, adapt, publish, display, modify, distribute, make available, and promote your UGC in connection with the operation, marketing, and improvement of the Services and for related promotional purposes, in any media or format, existing now or in the future.
• Duration: This license continues until you remove the UGC (where permitted) or delete your account and all such UGC is purged from our systems, unless legal or regulatory requirements mandate retention.
• Moral Rights Waiver: To the extent permitted by Indian law, you waive any right to claim attribution/authorship or object to any adaptation, modification, or use of your UGC by the Company to comply with platform requirements.

4.3. User Warranties & Obligations
By submitting UGC, you warrant, represent, and agree that:
• You possess all necessary rights, licenses, consents, and permissions to upload each item of UGC.
• Your UGC does not infringe any third-party copyright, trademark, patent, trade secret, moral right, privacy, publicity, or other legal or contractual rights.
• Your UGC is accurate, truthful, original to you (or properly licensed), and not misleading or fraudulent.
• You will not upload, post, or share UGC that: Is unlawful, defamatory, obscene, sexually explicit, harassing, threatening, abusive, fraudulent, invasive of privacy, or otherwise prohibited under Indian law, including Sections 67, 67A, or 67B of the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Indecent Representation of Women (Prohibition) Act, or any other applicable statutes.
• Contains personal or sensitive data of others without lawful, explicit informed consent.
• Promotes hate speech, violence, discrimination, or illegal activities.
• Violates any confidentiality, non-disclosure, or contractual obligations.
• Contains viruses, malware, malicious code, or otherwise threatens platform security.
• You will not misrepresent your identity or credentials, create fake job offers, or impersonate others in any form of UGC.

4.4. Visibility and Sharing
UGC you submit may be made publicly visible to all users, may be discoverable by search engines or external indexing services, and may be shared in accordance with the design and purpose of the platform.
Removal of UGC will, where possible, render such content inaccessible to others, except as required by law or for operational integrity (e.g., backups, legal holds).

4.5. Moderation, Removal, and User Claims
The Company may (but is not obligated) to monitor, review, edit, refuse, restrict, remove, suspend, or delete any UGC, at its sole discretion and at any time, especially for violations of these Terms, platform policies, or Indian law.
CrewCaller India may respond to user reports, legal takedown notices, or regulatory directives and remove content without prior notice.
Users waive any claim, demand, or action against the Company for the removal, non-removal, or retention of their UGC, to the maximum extent permitted by law.

4.6. Takedown Requests & Grievance Redressal
If you believe that any UGC violates your legal rights or any applicable law, you may submit a detailed report or takedown request through the app's reporting feature or by writing to Connect@crewcallerindia.in
The Company will address legitimate notices and process takedown requests in compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and other applicable Indian law.

4.7. Indemnification & User Liability
You are solely responsible for all UGC you upload or share.
You agree to defend, indemnify, and hold harmless the Company (and its partners, affiliates, and employees) from and against any claims, losses, damages, penalties, or expenses (including legal fees) arising from:
• Your UGC;
• Any actual or alleged infringement of third-party rights;
• Violation of law or breach of these Terms;
• Misuse of platform features or violation of others' rights.

5. License Grant to CrewCaller India

5.1. Ownership Retained by User
You retain all rights, title, and interest in and to any content you upload, submit, post, or otherwise make available through the CrewCaller India platform ("User Content"). Nothing in these Terms transfers ownership of your intellectual property to Fractal Vision LLP ("CrewCaller India").

5.2. License Granted
By uploading or submitting User Content, you grant CrewCaller India, its affiliates, and service providers a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license (to the extent permitted by Indian law) to use, reproduce, adapt, modify, translate, publish, publicly display, perform, distribute, host, store, cache, index, and create derivative works of your User Content. This license includes the right to promote, redistribute, or display your content in any media format and through any media channel—including digital, print, social media, and promotional campaigns—for the operation, improvement, marketing, and lawful functioning of the platform and its services.

5.3. Technical Modifications
You acknowledge and agree that CrewCaller India may make technical modifications to your User Content solely to ensure effective display, distribution, or accessibility via the platform or related media, without altering the substantive integrity of your content.

5.4. Duration and Survival of License
The above license remains in effect for as long as your User Content is available on the platform or until you delete such content (where technically feasible), subject to legal, regulatory, or operational requirements (such as backups, archives, or compliance orders). If your content has already been distributed, embedded, or incorporated into public or shared listings or promotional content by CrewCaller India prior to deletion, the license may continue to apply to those existing uses. Deleted content may persist in cached or backup copies for a reasonable period or where required by law.

5.5. Waiver of Moral Rights (Where Permitted)
To the extent permitted by Indian law, you waive any right to object to the treatment, adaptation, modification, translation, or other use of your User Content by CrewCaller India, provided such use is consistent with these Terms and platform policies. This does not affect any statutory rights that cannot be waived under applicable law.

5.6. User Representations and Warranties
You represent and warrant that:
• You have all necessary rights, licenses, consents, and permissions to grant this license;
• Your User Content does not infringe any third-party intellectual property, privacy, publicity, or contractual rights;
• You have obtained all required consents for any personal data or likenesses of others included in your content.

5.7. No Entitlement to Compensation
You will not be entitled to any compensation, royalty, or other consideration from CrewCaller India or its affiliates for the use of your User Content under this license.

5.8. Content Removal
Subject to platform functionality and applicable law, you may delete your User Content at any time. Notwithstanding such deletion, CrewCaller India may retain content where required by law, regulation, or compliance obligations, or where content has been shared, embedded, or redistributed prior to deletion.

6. Platform Features and Limitations

6.1. Platform Features
CrewCaller India ("Platform" or "Services"), operated by Fractal Vision LLP, is designed for professionals and organizations in the Indian film, television, OTT, advertising, and media industries. Key features include, but are not limited to:
• Profile Management: Create, customize, and maintain professional profiles showcasing skills, work experience, project credits, and media (e.g., photos, videos, show reels).
• Portfolio & Content Sharing: Upload, display, and manage portfolios, endorsements, reviews, images, videos, resumes, links, and other professional media.
• Job Discovery & Application: Search, view, and apply for film, TV, and digital media roles, assignments, and gigs posted by verified recruiters, producers, companies, and industry professionals.
• Opportunity Posting: Production houses, recruiters, and authorized users can post job listings, crew requirements, and project mandates.
• Talent & Crew Search: Discover others by role, specialization, skills, or other criteria using advanced filters and recommendation tools.
• Messaging & Networking: Securely connect, exchange direct messages, and network with other professionals for collaboration and referrals.
• Endorsements & Reviews: Give and receive endorsements or reviews to build trust and reputation.
• Notifications & Alerts: Receive updates, reminders, and recommendations about new opportunities, profile engagement, and platform changes.
• Support & Helpdesk: Access user support, FAQs, reporting tools, and grievance redressal mechanisms for content or conduct issues.
• Data Security & Privacy: Application of reasonable technical and organizational safeguards to protect user information, in compliance with the Digital Personal Data Protection Act, 2023 and other applicable Indian law.
By using any feature of the platform, you reaffirm that you are at least 18 years old.

6.2. No Guarantee of Outcomes
The Platform facilitates professional networking, job discovery, and hiring but does not guarantee employment, recruitment, successful hiring, or project outcomes.
All decisions regarding hiring, collaboration, and professional engagements remain at the sole discretion of the respective users. CrewCaller India is not a recruitment agency, employment provider, or representative of users.

6.3. Service Availability & Modifications
• Service Availability: While we strive for reliable service, we do not guarantee uninterrupted, timely, or error-free operation. The Platform may be subject to downtime, maintenance, upgrades, or discontinuation for business, operational, legal, or security reasons.
• Feature Modifications: We reserve the right to add, remove, modify, limit, or discontinue any feature, functionality, or aspect of the Platform at any time and without notice or liability. This includes the introduction of trial, beta, or paid features in the future. Material changes will be communicated via in-app notifications or email.
• Beta Features: Access to experimental or beta features is provided "as is" and may be modified or discontinued at any time without liability.

6.4. Content & User Conduct
User-Generated Content Responsibility: You are solely responsible for all content you upload, post, or share. CrewCaller India does not endorse, validate, or assume liability for the accuracy, legality, or quality of user-generated profiles, portfolios, job listings, messages, endorsements, or reviews.
No Professional Advice: The content on the Platform is informational only. We do not provide legal, career, financial, or professional advice, and disclaim liability for reliance on such content.
Third-Party Content & Integrations: The Platform may include content, features, or links from third-party services (such as cloud hosting, messaging tools, analytics, and payment gateways). CrewCaller India does not control, endorse, or accept responsibility for third-party content or services, which are subject to their own terms and policies. Your use of third-party services is at your own risk.

6.5. Data Management & Content Removal
Account & Data Deletion: Requests to delete accounts or data will be processed according to applicable law, platform policy, and technical capability. Data may be retained for legal, regulatory, or compliance purposes.
Content Monitoring & Removal: CrewCaller India reserves the right (but has no obligation) to monitor, review, edit, restrict, remove, or suspend any content or accounts for violation of these Terms, platform policies, or applicable law, with or without notice.
Right to Monitor & Limit Access: We may monitor usage patterns, investigate breaches, and limit, suspend, or block access to any part of the Platform for operational efficiency, violation of Terms, or legal compliance.

6.6. Geographic & Regulatory Limitations
India-Focused Service: The Platform is designed for use within India. We make no guarantee that features or content comply with laws outside India. Users accessing from outside India do so at their own risk and responsibility.
Compliance with Indian Law: Availability and use of Services are subject to compliance with all relevant local, state, and national laws and regulations of India.

6.7. Limitation of Liability
No Liability for User Conduct: CrewCaller India is not responsible for user actions, interactions, communications, agreements, or disputes, except as required by Indian law upon actual knowledge of unlawful acts.
Disclaimer of Warranties: The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by Indian law, CrewCaller India disclaims all warranties regarding uninterrupted use, security, accuracy, fitness for purpose, merchantability, or non-infringement.
Exclusion of Certain Damages: CrewCaller India shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of data, reputation, or business opportunities, arising from the use or inability to use the Platform or any of its features.

7. Job Postings, Bookings, and Payments

7.1. Nature and Scope of Platform Services
CrewCaller India, operated by Fractal Vision LLP, acts solely as an intermediary digital platform, enabling authorized users in the Indian entertainment and media industry to:
• Post and discover job opportunities, gigs, and crew requirements.
• Search, apply, and engage with available opportunities.
• Connect with and book talent, crew, or collaborators.
The Platform does not screen, validate, or guarantee the legitimacy or quality of any job listing, nor does it act as an employer, recruiter, staffing agency, or representative for any user. All engagements and agreements are strictly between the parties involved.

7.2. User Responsibilities for Job Postings
Eligibility and Authority: Only users possessing the required authority (including recruiters, producers, production houses, or authorized professionals) may post jobs or gigs.
Accuracy and Legality: All postings must be truthful, complete, and legal, clearly stating project details, compensation, requirements, and terms. Posting false, misleading, or unlawful listings is strictly prohibited.
Prohibited Conduct: Job listings must not solicit bribes, personal favors, improper inducements, or violate labor, contract, copyright, anti-discrimination, or any other applicable Indian law.
Compliance: By posting, you warrant the job does not breach third-party rights and fully complies with all relevant laws, including the Contract Labour (Regulation and Abolition) Act, Minimum Wages Act, Payment of Wages Act, GST Act, Income Tax Act, and Prevention of Corruption Act.

7.3. Platform Rights and Content Moderation
CrewCaller India reserves the right (but is not obligated) to review, approve, restrict, edit, remove, suspend, or permanently ban any posting or account that is found to be fraudulent, misleading, illegal, or otherwise in violation of these Terms or Indian law.
The Platform may implement monitoring, reporting, or investigation tools, but is not liable for failure to detect or prevent misuse.
CrewCaller India may remove any job posting found to violate laws, community standards, or to be offensive, harmful, or exploitative.

7.4. Bookings, Applications, and Engagements
Users apply to and accept jobs or gigs at their own discretion and risk. CrewCaller India is not a party to any contract, engagement, or service arrangement between users.
All arrangements, including negotiation, selection, onboarding, and contractual terms, are the exclusive responsibility of the parties involved.
Users are strongly advised to conduct independent due diligence regarding posted opportunities, credentials, and professional terms before proceeding.
CrewCaller India does not guarantee bookings, hiring, project completion, or user reliability and bears no liability for failed engagements, non-performance, or losses arising from user actions.

7.5. Payments and Financial Transactions
Platform Payment Systems: CrewCaller India does not currently process payments between users, but may introduce integrated payment, escrow, or promotion features in the future. Any in-app payment solutions will comply with Reserve Bank of India (RBI) guidelines and the Payment and Settlement Systems Act, 2007.
User Responsibility: Users are solely responsible for negotiating, executing, invoicing, and collecting payments for services rendered. They must comply with applicable tax, financial, and anti-money laundering laws, including GST and TDS requirements.
No Cash or Off-Platform Payments: Demanding, soliciting, or mandating cash, off-platform payments, or personal transfers is strictly prohibited. All transactions must comply with law, platform policy, and use any integrated features as required.
Disclaimers and Limitation: CrewCaller India is not responsible or liable for the accuracy, security, or outcome of any payments, nor for non-payment, delayed payment, underpayment, fraud, statutory deductions, or contractual disputes.
No Refunds for Platform Fees: For any future paid features, tools, or subscriptions provided by CrewCaller India, all fees are non-refundable except where required by Indian consumer law.

7.6. Disputes, Waivers, and Platform Limitations
The Platform does not mediate, arbitrate, or resolve disputes between users regarding jobs, bookings, payments, or terms.
• Users waive all claims against CrewCaller India for loss, non-payment, breach, or dispute arising from postings, applications, contracts, or interactions made via the Platform.
• CrewCaller India may, at its discretion, provide voluntary reporting or dispute-reporting tools, but is not obliged to intervene.

7.7. Fraudulent Listings, Misuse, and Sanctions
Posting fraudulent, misleading, or unlawful projects, or engaging in repeated violations, can result in suspension, permanent ban, or report to law enforcement.
If third-party tools (e.g., for scheduling, invoicing, messaging, or payments) are used or integrated, users must comply with their terms. CrewCaller India is not liable for malfunctions or issues arising from third-party tools.

8. Third-Party Services and Links

8.1. Overview and Scope
The CrewCaller India platform ("Services") may enable access to, or integrate with, third-party services, websites, applications, APIs, payment gateways, plugins, advertisements, or external links ("Third-Party Services"). These include, but are not limited to:
• Payment processors
• Analytics providers
• Messaging or communication tools
• Cloud storage or multimedia hosting
• Scheduling, invoicing, or mapping services
• Third-party advertisements or content

8.2. No Endorsement or Control
CrewCaller India does not control, endorse, sponsor, guarantee, or assume responsibility for any Third-Party Service, its operators, content, policies, security, or practices.
The inclusion of links, integrations, advertisements, or references to third parties is for user convenience only and does not constitute endorsement or recommendation by CrewCaller India.

8.3. User Responsibility and Risk
When you access or use a Third-Party Service via CrewCaller India, you do so entirely at your own risk and discretion.
Your interactions with third parties are governed solely by their independent terms (including privacy, data, and payment practices), and you are responsible for reviewing and agreeing to such terms before use.
CrewCaller India is not liable for any loss, damage, data breach, unauthorized sharing, security incident, or harm arising from your use of or reliance on Third-Party Services—even if accessed through the platform or required for a platform-related activity (such as payments or communications).

8.4. Payments, Data, and Security
Payment and Financial Tools: If you use payment gateways or financial tools (such as Razorpay, Paytm, Stripe, or similar), all payment matters (including refunds, chargebacks, settlements, GST/TDS, account security, identity verification) are governed by the respective third-party's terms and privacy policy.
CrewCaller India does not store or process your banking or card information directly and disclaims any responsibility for failed or delayed transactions, payment fraud, data theft, or misuse occurring through such third-party systems.
When you use any third-party service, you may consent to share your data with them as governed by their terms and your privacy choices. CrewCaller India is not responsible for how third parties use, retain, or disclose your information.

8.5. Indemnification
You agree to indemnify, defend, and hold harmless CrewCaller India, its partners, employees, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising out of:
• Your use of, or reliance upon, any Third-Party Service or content;
• Any loss, breach, or harm resulting from data shared with or processed by third parties;
• Any dispute, regulatory inquiry, or enforcement action resulting from your engagement with a third party through the Platform.

8.6. Removal, Restriction, and Changes
CrewCaller India reserves the right to modify, suspend, withdraw, restrict, or terminate access to any Third-Party Service, link, content, or integration at any time, for any reason (including security, legal, technical, or business considerations), and without prior notice or liability.
The Company is not responsible for the unavailability, interruption, malfunction, or removal of any third-party tools, features, links, or content, regardless of cause.

8.7. External Advertisements and Content
The Platform may display third-party advertisements or promotional material for informational or commercial purposes. CrewCaller India does not endorse or warrant any advertiser, product, service, or offer promoted via such content.
Accessing any external advertisements or third-party links is at your sole risk, and the Company disclaims responsibility for their content, accuracy, security, or practices.

8.8. Reporting and Dispute Mechanisms
If you believe any third-party content, service, or integration violates these Terms, Indian law, or your rights, promptly report such activity using the in-app reporting tool or official grievance contact.
CrewCaller India will review and, where appropriate, act in compliance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and all other applicable Indian law.

9. Intellectual Property Rights

9.1. Ownership of Platform Intellectual Property
All intellectual property rights (IPR) in the CrewCaller India platform—including but not limited to software, code, interface design, databases, algorithms, documentation, audio-visual material, proprietary tools, features, branding, marks, domains, and all other content not expressly designated as User-Generated Content ("UGC")—are the exclusive property of Fractal Vision LLP or its lawful licensors ("Platform IP").
All rights not expressly granted to you under these Terms are reserved by Fractal Vision LLP.
Platform IP may not be used, copied, modified, adapted, reproduced, published, displayed, distributed, sold, sublicensed, or otherwise exploited in any manner without the prior written consent of Fractal Vision LLP.
The Platform IP is protected under the Indian Copyright Act, 1957, the Trademarks Act, 1999, the Designs Act, 2000, the Information Technology Act, 2000, other applicable Indian statutes, and international conventions to which India is a signatory.

9.2. Limited User License
Subject to your compliance with these Terms, Fractal Vision LLP grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for personal or professional purposes, strictly in accordance with the platform's intended uses and features.
This license does not convey any ownership interest in Platform IP and is valid only so long as your access to and use of the Platform is permitted.

9.3. Restrictions on Use of Platform IP
You shall not, directly or indirectly, under any circumstances:
• Reverse engineer, decompile, or disassemble any portion of the Platform or its source code, nor attempt to extract, disclose, or circumvent any proprietary algorithms, features, or confidential information.
• Modify, translate, adapt, or create derivative works based on Platform IP, except as expressly permitted by these Terms.
• Copy, reproduce, republish, upload, post, or publicly display any Platform IP in whole or in part, except for your own personal or professional (non-commercial) use.
• Remove, obscure, or alter any proprietary notices, watermarks, branding, or attribution on the Platform.
• Use Platform IP in violation of any applicable Indian law, including intellectual property, contract, or information technology statutes.
• Use, imitate, display, or modify the trademarks, service marks, branding, logos, or product/service names of Fractal Vision LLP, "CrewCaller India," or any affiliates without prior written authorization.
• Bypass, interfere with, or circumvent any feature, access control, security, or technical limitation imposed by the Platform.

9.4. Trademarks and Branding
"CrewCaller India," the associated logo, names, taglines, and all related branding are the registered or unregistered trademarks, marks, or brands of Fractal Vision LLP.
Unauthorized use, including confusingly similar variations, is strictly prohibited and a violation of the Trademarks Act, 1999 and applicable Indian law.

9.5. User-Generated Content
You retain all rights, title, and interest in your UGC, except for the license granted below.
By uploading or submitting UGC, you grant Fractal Vision LLP a worldwide, royalty-free, irrevocable, transferable, and sublicensable license to use, reproduce, modify, publish, display, distribute, adapt, and promote such content solely for the purpose of operating, improving, promoting, marketing, analyzing, and moderating the Platform and Services—including, but not limited to, displaying portfolios, profiles, and content within or outside the app.
You warrant that you own or have all necessary rights, licenses, permissions, and authorizations to grant this license and that your UGC does not infringe any third-party copyright, patent, trademark, trade secret, privacy, publicity, or other proprietary rights.
You agree to indemnify and hold harmless Fractal Vision LLP and its affiliates from any claims, damages, losses, or liabilities arising from your UGC or alleged violation of third-party IP rights.

9.6. Third-Party Intellectual Property
The Platform may integrate, display, or link to third-party content, features, logos, APIs, or services. Such intellectual property remains the exclusive property of its respective owners.
Nothing in these Terms grants you any rights to use third-party intellectual property except as expressly permitted by the relevant rights holder.
If you access, copy, or use third-party content outside the scope of these Terms and the Platform, you do so at your own risk and must comply with any separate terms or conditions provided by the third party.

9.7. Copyright Complaints and Takedown
Notice: If you believe any part of the Platform, or any UGC, infringes your copyright or trademark, you may notify our designated grievance officer (Connect@crewcallerindia.in) with:
• Your contact information,
• A description of the allegedly infringing material,
• Evidence of your ownership or authorization,
• A statement made in good faith and under penalty of perjury that the disputed use is unauthorized.
Action: Upon receipt of a valid notice, CrewCaller India will review and, as required, remove or restrict access to the allegedly infringing content, in accordance with Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Repeat Infringers: Accounts found to repeatedly violate intellectual property rights may be suspended, permanently deactivated, or reported to authorities under applicable Indian law.

9.8. Reservation and Survival of Rights
Reservation: Fractal Vision LLP reserves all rights not expressly granted under these Terms. No provision of this section or the Terms conveys any rights by implication, estoppel, or otherwise, except as explicitly stated.
Survival: All provisions of this Intellectual Property Rights section shall survive termination, suspension, or deletion of your account or use of the Platform.

10. Privacy and Data Protection

10.1. Commitment to Privacy
CrewCaller India and Fractal Vision LLP are committed to protecting your privacy and securing your personal data. The collection, processing, storage, use, sharing, and disclosure of all user data will strictly follow the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and all other applicable Indian laws and regulations, as may be updated from time to time.
We do not knowingly collect or process personal data from individuals under 18. Such data, if discovered, will be deleted promptly except as required by law.

10.2. Types of Data Collected
We may collect and process the following categories of data:
Personal Data: Name, contact details, demographic information, address, identification data (including Aadhaar, PAN, or similar details for verification, where required), portfolio content, skills, work experience, uploaded images/videos, communications, and all information provided during registration, profile creation, or use of the Services.
Sensitive Personal Data or Information (SPDI): Where permitted by law and only with explicit consent—passwords, financial information, biometric data (if used for authentication), and other data classified as sensitive per Indian law.
Usage and Technical Data: Device information, IP address, log files, usage statistics, cookies, and similar data collected via platform features or integrations.
Third-Party Data: Data received from Google, Apple, social logins, or other third-party integrations, subject to your consent and the third party's data handling practices.

10.3. Lawful Basis, Consent, and Purpose
Consent: By using the Platform and accepting these Terms, you consent to the collection, processing, storage, use, sharing, and disclosure of your personal data as described in this section and in our Privacy Policy.
Purpose: Your data is collected and processed only for lawful purposes, including account creation and management, job search and bookings, identity and qualification verification (where required), customer support, legal/regulatory compliance, fraud and abuse prevention, platform improvement, analytics, and, where permitted, marketing and promotional activities.
Notice and Choice: At the time of registration and whenever significant changes occur, you will be informed about the types of data collected, their uses, potential disclosures, and your rights to access, correct, or withdraw consent. You may update your preferences or withdraw consent at any time via your account settings or by contacting our Data Protection Officer.

10.4. Use, Sharing, and Disclosure of Data
Internal Use: Your data is used solely to operate, secure, maintain, and improve the Services, provide platform features, and communicate with you.
Third-Party Sharing: We may share your data with trusted service providers, business partners, and payment processors, strictly as necessary for platform operations and always under confidentiality, security, and legal compliance obligations. We do not sell or rent your personal data.
Legal and Regulatory Disclosure: We may disclose your data to government authorities, law enforcement, or regulators when required by law, legal process, or to protect our rights, safety, or property, or that of our users or the public.
Business Transfers: In the event of a merger, acquisition, restructuring, or sale of assets, your data may be transferred as part of the transaction, subject to confidentiality and continued compliance with applicable privacy laws.
Cross-Border Transfers: Any transfer of personal data outside India will comply with DPDP Act provisions and other applicable laws, with appropriate contractual or statutory safeguards to ensure an equivalent level of protection.

10.5. Data Security and Integrity
We implement reasonable, industry-standard security practices and procedures—including encryption, access controls, secure hosting, periodic audits, and staff training—to protect your data from unauthorized access, disclosure, alteration, or loss, in compliance with Rule 8 of the SPDI Rules and other applicable standards.
Although we strive to protect your data, no system is completely secure. In the event of a data breach likely to result in harm, we will notify you and relevant authorities as required by law and take prompt action to mitigate risks.

10.6. Data Retention and User Rights
Retention: Your personal data is retained only as long as necessary for the purposes stated above, or as required by law, regulation, contractual obligations, or legitimate business needs (including tax, audit, or evidentiary requirements).
User Rights: You have the right, subject to conditions and exceptions under Indian law, to:
• Access and Review your personal data held by us;
• Correct inaccuracies or complete incomplete records;
• Withdraw consent or restrict processing (where applicable);
• Request deletion or portability of your personal data, except where retention is mandated by law or for legitimate business interests.
Exercise of Rights: Requests may be made via your account settings or by contacting our Data Protection/Grievance Officer. Withdrawal of consent may affect your access to certain platform features or result in account termination.

10.7. Grievance Redressal and Officer
We have appointed a Data Protection/Grievance Officer as required by law to address privacy complaints, data requests, or alleged breaches.
Contact: Connect@crewcallerindia.in
Complaints will be acknowledged within 24 hours and resolved within 15 days in accordance with the IT Rules and the Intermediary Guidelines. If you are not satisfied, you may escalate unresolved issues to the Data Protection Board of India or other competent authority.

10.8. Policy Updates
We may update this section to reflect changes in law, technology, platform features, or best practices. Material changes will be notified via app notifications, email, or on the website. Continued use of the Services after updates constitutes your acceptance of the revised terms.

11. Termination and Suspension

11.1. Right to Suspend or Terminate
Fractal Vision LLP ("CrewCaller India") reserves the right, at its sole discretion, to suspend, restrict, limit, disable, or permanently terminate your account and/or access to all or part of the Services at any time, with or without prior notice, for any reason, including but not limited to:
• Breach or suspected breach of these Terms, the Privacy Policy, or other platform rules.
• Violation of any applicable Indian laws, regulatory requirements, or court orders.
• Submission or posting of false, misleading, harmful, illegal, or infringing content.
• Non-payment, fraud, or disputes involving Platform-related fees, bookings, or transactions.
• Security threats, unauthorized access, repeated complaints, phishing, or data protection breaches.
• Repeated reports, substantiated grievances, or multiple violations by you or associated accounts.
• Inactivity beyond a period defined by CrewCaller India policy.
• Upon lawful request or order from law enforcement or regulatory authorities.
• Any conduct which, in the Company's reasonable opinion, could harm the reputation, integrity, safety, or lawful operations of the Platform or its users.

11.2. Suspension or Restriction
The Company may suspend or restrict your account (in whole or in part), temporarily or permanently, pending internal investigation, compliance checks, or resolution of complaints. In cases of temporary suspension, the Company will specify the reason, duration, and conditions for reinstatement if feasible.

11.3. User-Initiated Termination
You may terminate your account and discontinue use of the Platform at any time by using the in-app deletion function or by submitting a written request to Connect@crewcallerindia.in. Termination takes effect upon completion of the account closure process, which may include verification of identity and settlement of outstanding obligations (e.g., pending payments, resolution of disputes, or addressing compliance requirements).
Upon voluntary account closure:
• Your right to access and use the Services ceases immediately.
• Your profile, postings, messages, and content may be disabled, deactivated, or deleted in accordance with the Platform's Privacy Policy.
• Certain residual or backup data may be retained for as long as necessary to fulfill legislative, regulatory, audit, or evidentiary requirements.

11.4. Consequences and Effects
Upon account termination (by CrewCaller India or the user):
• All rights and licenses granted to you under these Terms shall immediately cease.
• Your account, content, postings, job listings, messages, and data may be disabled, hidden, or permanently deleted, at the Company's discretion and as permitted by law.
• Access to the Platform (including the ability to re-register) may be permanently or temporarily prohibited, at CrewCaller India's sole discretion.
• Pending job bookings, applications, or engagements may be cancelled without liability to CrewCaller India; users remain liable for any pre-termination fees, payments, or legal obligations incurred.
• CrewCaller India retains the right to enforce any prior breach of these Terms or recover damages for any harm caused.

11.5. Notice, Appeal, and Reinstatement
Where feasible, CrewCaller India will provide you with reasonable advance notice of any suspension or termination and the reason for such action, unless immediate action is required for legal compliance, user safety, or to protect the Platform's integrity.
You may contact Connect@crewcallerindia.in to seek clarification, appeal a suspension/termination, or rectify violations. The Company will review all appeals according to its internal policies and applicable laws, but is not obligated to reinstate any account. Reinstatement, if granted, may be subject to specific conditions or additional verification.

11.6. No Liability for Termination
To the fullest extent allowed under Indian law, CrewCaller India shall not be liable for any loss, damages, loss of revenue, deletion of content, or inability to access the Platform due to suspension or termination of your account, except as may be expressly mandated by law or a court of competent jurisdiction.

11.7. Investigation and Cooperation
CrewCaller India reserves the right to investigate suspected violations and cooperate fully with government authorities, regulators, or law enforcement agencies. This includes disclosure of user data or activity as permitted and required by law, to protect public safety, comply with legal obligations, or enforce these Terms.

11.8. Survival of Rights
All provisions that by their nature are intended to survive termination (including but not limited to intellectual property rights, disclaimers, indemnities, limitation of liability, dispute resolution, and statutory compliance) shall continue in full force and effect after the suspension or closure of your account.

12. Disclaimers and Limitation of Liability

12.1. No Warranties
To the fullest extent permissible under applicable Indian law, the CrewCaller India platform and its services are provided by Fractal Vision LLP ("we", "us", or "our") on an "as is" and "as available" basis. We disclaim all representations, warranties, guarantees, or endorsements—express, implied, statutory, or otherwise—including but not limited to:
• The accuracy, reliability, completeness, timeliness, or availability of any job postings, profiles, user content, or platform features;
• The identity, legitimacy, qualifications, experience, or conduct of any user or third party;
• The uninterrupted, secure, or error-free operation of the platform;
• The outcome, quality, or suitability of any engagement, hiring, transaction, or communication initiated, facilitated, or conducted through the platform;
• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No use of the platform guarantees employment, booking, collaboration, or any specific business or career result.
You agree to indemnify and hold harmless CrewCaller India and its affiliates from any liability, damages, costs, or losses arising from any misrepresentation of age or breach of this eligibility restriction.

12.2. No Professional or Legal Advice
All information, tips, or recommendations available on the platform are provided solely for general informational purposes. Nothing on the platform constitutes or should be construed as professional, career, financial, legal, or employment advice. You acknowledge that any reliance on or use of such information, or any interaction with other users, is at your sole risk and discretion.

12.3. Platform as an Intermediary
In accordance with Section 79 of the Information Technology Act, 2000, CrewCaller India acts solely as a platform intermediary, enabling users to post, search, discover, apply for, and connect with opportunities, collaborators, or services. We do not:
• Pre-screen, verify, or assume responsibility for the accuracy, legality, quality, or suitability of any user-generated content (UGC), job postings, profiles, messages, endorsements, or third-party content;
• Guarantee the fulfillment, payment, or performance of any job, contract, or engagement;
• Mediate, arbitrate, or participate in any agreement or dispute between users, except as required by law.
We are not liable for any act, omission, misrepresentation, fraud, negligence, or liability arising from the conduct of users, advertisers, recruiters, or third parties.

12.4. No Liability for User or Third-Party Conduct
To the fullest extent permitted under Indian law, Fractal Vision LLP, its directors, officers, employees, partners, agents, licensors, and affiliates, shall not be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including but not limited to:
• Loss of profits, revenue, data, goodwill, reputation, or business opportunities;
• Business interruption, service downtime, or loss of access to the platform or its features;
• Personal or property injury, harm, or loss;
• Damages arising from or related to user-to-user communications, job postings, applications, offers, contracts, bookings, payments, meetings, or any other interactions or arrangements facilitated by or through the platform;
• Errors, omissions, inaccuracies, or defects in any content, information, or service provided on or through the platform.
This applies regardless of the cause of action—whether in contract, tort (including negligence), strict liability, or otherwise—and even if we have been advised of the possibility of such damages.

12.5. Third-Party Content, Services, and Links
The platform may provide access to or integrations with third-party websites, applications, services, content, or advertisements. We do not control, monitor, endorse, or assume liability for the security, accuracy, legality, practices, or privacy policies of any third-party services, links, or content. Your use of third-party resources is governed by their respective terms and policies, and is at your sole risk.

12.6. No Liability for Technical or Operational Issues
We implement reasonable technical and organizational measures to protect your data and maintain service continuity. However, we do not guarantee that the platform will always be secure, available, uninterrupted, or error-free. We are not liable for damages, losses, or consequences resulting from:
• Downtime, maintenance, technical failures, bugs, or network disruptions;
• Interruptions, modifications, or discontinuation of any feature or service;
• Data breaches, unauthorized access, or loss of data not caused by our gross negligence or wilful misconduct.

12.7. Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms due to events beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, strikes, pandemics, power outages, governmental actions, or failures of internet or telecommunications infrastructure.

12.8. Maximum Aggregate Liability
To the maximum extent permitted by law, the total aggregate liability of Fractal Vision LLP, its employees, and affiliates, for any and all claims arising out of or relating to these Terms or your use of the platform, shall not exceed the greater of INR 10,000 (Rupees Ten Thousand) or the total fees (if any) paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

12.9. Statutory Rights and Exceptions
Nothing in this section shall be construed to limit or exclude any statutory rights or remedies available to you under applicable Indian law, including the Consumer Protection Act, 2019, to the extent that such rights or remedies cannot be waived by contract. This section does not exclude liability for:
• Death or personal injury caused by our proven gross negligence or willful misconduct;
• Liability that cannot be excluded or limited under the law of India.

12.10. Service Availability and Downtime
While we strive to ensure that the CrewCaller India platform is available at all times, we do not guarantee uninterrupted or error-free operation. From time to time, the platform may be temporarily unavailable due to scheduled maintenance, system upgrades, unforeseen technical issues, or causes beyond our reasonable control.
We will make reasonable efforts to notify users in advance of any scheduled downtime, but we reserve the right to take the platform offline without prior notice.
Fractal Vision LLP shall not be held liable for any direct or indirect loss, damage, or inconvenience caused due to unavailability or downtime of the platform.

12.11. Statutory and Regulatory Compliance
This section is drafted in accordance with:
• The Information Technology Act, 2000 (including Section 79 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021)
• The Digital Personal Data Protection Act, 2023
• The Indian Contract Act, 1872
• The Consumer Protection Act, 2019
• Any other applicable Indian statutes, rules, or regulations

13. Indemnification

13.1. User Obligation to Indemnify
You agree to fully indemnify, defend, and hold harmless Fractal Vision LLP ("CrewCaller India"), including its directors, officers, employees, agents, affiliates, licensors, service providers, and partners (collectively, the "Indemnified Parties"), from and against any and all claims, demands, disputes, actions, proceedings, damages, losses, liabilities, costs, fines, penalties, judgments, settlements, or expenses (including reasonable legal and professional fees) incurred by the Indemnified Parties, arising out of or related to your use of or access to the platform, any content you submit or share, your violation of these Terms of Use or applicable laws, infringement of third-party rights, or any misrepresentation of age or breach of the platform's eligibility requirements arising out of or related to:
• Breach of Terms and Law: Your breach of these Terms, the Privacy Policy, or any other policies, guidelines, or agreements referenced herein, or any violation of applicable Indian laws or regulations (including but not limited to the Information Technology Act, Digital Personal Data Protection Act, Consumer Protection Act, Indian Contract Act, Indian Penal Code, labour laws, and intellectual property laws).
• User Content: Any content, data, or material uploaded, posted, published, transmitted, distributed, or otherwise made available by you (including User-Generated Content), including claims of intellectual property infringement, defamation, misrepresentation, breach of confidentiality, or violation of privacy, publicity, or confidentiality rights.
• Misuse or Unauthorized Access: Your unauthorized use, misuse, or access of the Platform, including use that results in actual or threatened harm to the Platform, other users, or third parties, or that introduces viruses, malware, or harmful code.
• User Conduct and Disputes: Your conduct, communications, interactions, or disputes with any other user, third party, or service provider, including any breach of contract, misrepresentation, non-payment, personal injury, negligence, or other claims arising from agreements, engagements, or transactions entered into via the Platform.
• Statutory, Tax, and Reporting Duties: Your failure to comply with statutory duties, tax obligations, reporting requirements, or labour/contractual laws in relation to jobs, payments, or engagements initiated or facilitated via the Platform.
• Any other liability arising from your use of the Platform or Services, or any act or omission that exposes CrewCaller India or its users to legal, regulatory, or reputational risk.

13.2. Indemnification Procedure
• Notice and Cooperation: The Indemnified Parties will promptly provide you with notice of any such claim or proceeding for which indemnity is sought (if legally permissible), but failure to provide timely notice does not release you from your indemnity obligations except to the extent you are materially prejudiced thereby. You agree to cooperate fully with the Indemnified Parties in defending or settling any such claim, at your own expense.
• Defense and Control: CrewCaller India reserves the right (but has no obligation), at its sole expense, to assume exclusive control of the defense, settlement, or resolution of any claim otherwise subject to indemnification by you, in which case you shall provide all reasonable assistance as requested.
• No Settlement Without Consent: You may not enter into any settlement or consent to any judgment that imposes liability, admission of fault, or obligation on any Indemnified Party without the prior written consent of CrewCaller India, except for settlements that involve only the payment of monetary damages by you, do not impose any admission of liability or fault on any Indemnified Party, and fully release all Indemnified Parties from all liabilities.

13.3. Scope and Survival
• Survival: This indemnification obligation shall survive the expiration, termination, cancellation, or suspension of these Terms and your use of the Platform or Services.
• No Waiver: The rights and remedies under this indemnity are in addition to, and not in substitution of, any other rights or remedies available to CrewCaller India under law, equity, or contract.
• Maximum Legal Protection: In case of any ambiguity, this section shall be interpreted in a manner that maximizes legal protection for the Indemnified Parties, to the fullest extent permitted by Indian law.

14. Modifications to the Terms or Services

14.1. Right to Modify
Fractal Vision LLP ("CrewCaller India") reserves the exclusive and absolute right, at its sole discretion, to update, revise, amend, modify, replace, suspend, or discontinue any part or all of these Terms of Use (including the Privacy Policy and any other policies governing your use of the Platform) and the Services (including all features, functionalities, access rights, eligibility criteria, content types, user roles, and third-party integrations) at any time and for any reason. Such changes may be made to reflect business needs, operational requirements, technological developments, legal or regulatory changes, security risks, industry standards, or platform best practices. CrewCaller India may also introduce, remove, or modify service categories, features, functionalities, tools, posting requirements, content formats, eligibility criteria, or paid features in the future, as it deems appropriate.

14.2. Notice of Modifications
• Material Changes: Modifications affecting user rights, obligations, data practices, platform features, payments, or fees will be deemed material. For such material changes, CrewCaller India will provide notice at least 15 days in advance of the effective date, where reasonably possible.
• Notification Methods: Notice may be provided via in-app notifications, the Platform, registered email, or website. Notification may include posting the revised Terms with a "Last Updated" date, sending a push or in-app message, or publishing a prominent notice on the Platform interface.
• Non-Material Changes: Non-material changes, technical updates, routine clarifications, or operational adjustments may be implemented without advance notice, but will always be reflected in the latest version of the Terms published on the Platform.
• Legal or Regulatory Urgency: In exceptional circumstances—such as compliance with a new law, binding regulatory directive, court order, or urgent security event—CrewCaller India may implement changes immediately, with retroactive effect where required by law.

14.3. Acceptance of Updated Terms
• Binding Effect: By continuing to access or use the Platform after the effective date of any modification, you acknowledge that you have reviewed, understood, and accepted the updated Terms and agree to be legally bound by them.
• Disagreement: If you do not agree with any modification, your sole remedy is to immediately discontinue use of the Platform and Services and request account deactivation as described in the Termination section.
• No Guarantee of Continuity: Continued use after a modification does not obligate CrewCaller India to continue providing access to any previous version of the Platform or Services.

14.4. Service Modifications, Suspensions, or Discontinuation
CrewCaller India may, at any time and without liability, change, suspend, remove, limit, restrict, or discontinue any part or all of the Platform's features, services, functionalities, or content, including but not limited to:
• Adjusting or removing service categories, access rights, user roles, or eligibility criteria;
• Modifying content types, posting requirements, data formats, or third-party integrations;
• Introducing or discontinuing paid features, subscriptions, promotion, or premium offerings;
• Suspending, restricting, or terminating the Platform or Services for maintenance, upgrades, business, legal, regulatory, or security reasons.
To the fullest extent permitted by Indian law, CrewCaller India shall not be liable to you or any third party for any inconvenience, loss, or damage caused by such actions.

14.5. User Responsibility and Record Retention
• User Review: It is your responsibility to periodically review the latest version of these Terms and the Privacy Policy.
• Record Retention: CrewCaller India will maintain and publicly archive previous versions of these Terms for a reasonable period, allowing users to review changes.
• No Liability: CrewCaller India is not liable for any loss or inconvenience you may incur as a result of not reviewing an update.

14.6. No Individual Negotiations
No user has the right to negotiate, opt out, or receive individual exceptions to any modification. All changes apply uniformly to all users of the Platform, as permitted by law.

14.7. No Waiver
No failure or delay by CrewCaller India in exercising any right or enforcing any provision under these Terms shall operate as a waiver of such right or provision, nor shall any single or partial exercise of any right preclude further enforcement.

14.8. Survival of Rights
All disputes, claims, or liabilities arising before or after a modification will be governed by the version of the Terms in effect at the time the relevant event occurred, unless the modification expressly states otherwise.

15. Governing Law and Dispute Resolution

15.1. Governing Law
These Terms of Use, the Privacy Policy, and any other platform rules or policies—as well as any dispute, claim, controversy, or matter arising from or relating to your use of the CrewCaller India Platform ("Agreement")—shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles. All use of the Services must comply with all applicable Indian statutes, rules, regulations, and judicial directives.

15.2. Jurisdiction
• Exclusive Jurisdiction: Subject to mandatory statutory provisions, you expressly agree that all disputes, claims, actions, suits, or proceedings arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the competent civil and commercial courts located at the registered office of Fractal Vision LLP (currently Gurugram, Haryana).
• Venue Waiver: You waive any objections to venue or jurisdiction, including claims of an inconvenient forum.

15.3. Dispute Resolution Mechanism
• Negotiation in Good Faith: In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach, or enforcement ("Dispute"), the parties shall first attempt to resolve such Dispute amicably through good faith negotiations for a period of thirty (30) days from the date one party notifies the other in writing.
• Grievance Officer Escalation: If the Dispute is not resolved through direct negotiation, you must escalate the complaint to the CrewCaller India Grievance Officer at Connect@crewcallerindia.com, as required by Section 79 of the Information Technology Act, 2000 and the Intermediary Guidelines, 2021. The platform will acknowledge your complaint within 24 hours and resolve bonafide issues within statutory timelines.
• Statutory Redressal: Where required by law (e.g., for data protection disputes), you have the right to escalate unresolved complaints to the Data Protection Board of India or other competent statutory body.
• No Class Action, Individual Basis Only: You agree that any Dispute shall be resolved on an individual basis. You shall not participate in, or be a representative party to, any class action, class-wide arbitration, or any other type of representative proceeding against CrewCaller India, Fractal Vision LLP, or their respective affiliates.

15.4. Binding Arbitration
• Arbitration Agreement: If the Dispute is not resolved through the above steps, either party may refer the matter to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended).
• Appointment of Arbitrator: The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties are unable to agree on the arbitrator within 15 days of referral to arbitration, the arbitrator shall be appointed in accordance with the rules of the Delhi International Arbitration Centre (DIAC) or any other authority competent to make such appointment under Indian law.
• Seat and Language: The seat and venue of arbitration shall be Gurugram, Haryana, and the language of arbitration shall be English.
• Costs and Award: The costs of arbitration shall be borne in accordance with the award of the arbitrator. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.
• Waiver of Jury Trial: By agreeing to arbitration, you and CrewCaller India each waive the right to a trial by jury.

15.5. Injunctive and Interim Relief
Notwithstanding any provision herein, CrewCaller India (and you) retain the right, at any time and without prejudice to arbitration, to seek interim, injunctive, or equitable relief from any competent court in India if such relief is necessary to prevent irreparable harm, protect intellectual property, confidential information, platform integrity, user safety, or comply with statutory obligations.

15.6. Statutory and Regulatory Compliance
This section is drafted in compliance with:
• The Indian Contract Act, 1872;
• The Arbitration and Conciliation Act, 1996 (as amended);
• The Information Technology Act, 2000 (including Section 79 and the Intermediary Guidelines, 2021);
• The Digital Personal Data Protection Act, 2023;
• The Consumer Protection Act, 2019 (including the E-Commerce Rules, 2020);
• All other applicable Indian statutes, regulations, or judicial directives governing jurisdiction, dispute resolution, online contracts, and digital platforms.

16. Grievance Redressal and Contact Information

16.1. Appointment of Grievance and Data Protection Officers
In compliance with Section 79 of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023, Fractal Vision LLP ("CrewCaller India") has designated both a Grievance Officer and a Data Protection Officer to promptly address and resolve user grievances and data protection requests in accordance with applicable Indian laws.
Grievance and Data Protection Officer:
Name: Parul Sharma
Designation: Grievance Officer / Data Protection Officer, CrewCaller India
Office Contact: +91 9667887142 available Monday to Friday, 9:00 AM to 5:00 PM IST (excluding national holidays)
Email: crewcallergrievance@gmail.com | Connect@crewcallerindia.in
Postal Address: 001A, First Floor, Emaar Palm Square, Golf Course Extension Road, Gurgaon - 122102

16.2. Types of Grievances Handled
Grievances or complaints may be submitted regarding, but not limited to:
• Violation of these Terms of Use, Privacy Policy, or any platform rule or policy
• Objectionable, unlawful, or infringing content uploaded by any user
• Abuse, harassment, or misuse of platform features, including but not limited to profiles, messaging, reviews, postings, or third-party integrations
• Data privacy breaches or concerns relating to your personal or sensitive data
• Account access, suspension, content takedown, or moderation actions
• Disputes involving user interactions, bookings, payments, or transactions
• Breach of applicable laws, including those related to consumer rights, contracts, copyrights, data protection, or platform security

16.3. Submission of Grievances
Users may submit grievances:
• By Email: To crewcallergrievance@gmail.com or Connect@crewcallerindia.in
• Via In-App Reporting: Using the platform's built-in grievance or reporting tools
• By Post: By sending a written submission to the registered office address above
For formal legal notices or arbitration/court communications, send written copies to:
Legal Department, Fractal Vision LLP
001A, First Floor, Emaar Palm Square, Golf Course Extension Road, Gurgaon - 122102
Email: crewcallerlegal@gmail.com
For effective processing, all grievances should include:
• Complainant's full name and contact details
• Description of the grievance, incident, or concern (including date and time, if relevant)
• Reference to the specific platform content, feature, or user involved (e.g., user ID, content ID)
• Supporting evidence (e.g., screenshots, messages, documentation)
• Specific remedy or relief requested
For sensitive data privacy complaints, please clearly indicate "DATA PROTECTION GRIEVANCE" in the subject line.

16.4. Grievance Handling Process
• Acknowledgment: The Grievance Officer will acknowledge all complaints within 24 hours of receipt, as mandated under the Intermediary Guidelines and Data Protection Act.
• Resolution Timeline: All bonafide grievances will be resolved within 15 days of receipt, unless a shorter timeline is prescribed by applicable law (e.g., for urgent or statutory complaints).
• Investigation: The Grievance Officer may request further information, review platform records, consult with users or authorities, and take interim or remedial action (including account restrictions, content takedown, or referral to authorities) as necessary.
• Notification of Outcome: The result of the investigation and any redressal action will be communicated to you promptly via your chosen contact method.
• Record Keeping: CrewCaller India maintains records of all grievances, actions taken, and correspondence, for the period required by law and for audit or regulatory review.

16.5. Escalation and Appeal
If you are not satisfied with the resolution provided by the Grievance Officer:
• Business Escalation: Submit a written appeal to the Managing Partner, Fractal Vision LLP at Connect@crewcallerindia.in
• Statutory Escalation: If still unresolved, you may escalate your grievance to the Data Protection Board of India, Consumer Commission, or other competent statutory authority as permitted by law.
• Consumer Helpline: You may also reach out to the National Consumer Helpline (NCH) at 1800-11-4000 or file a complaint at consumerhelpline.gov.in, as empowered under the Consumer Protection Act.

16.6. No Waiver
No delay or failure by CrewCaller India in responding to or resolving any grievance shall be deemed a waiver of its rights or remedies, as further described in these Terms.

17. Miscellaneous

17.1. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court or regulatory authority of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

17.2. No Waiver
No failure or delay by CrewCaller India in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

17.3. Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of CrewCaller India. CrewCaller India may assign, transfer, or delegate its rights and obligations under these Terms without restriction.

17.4. Relationship
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and CrewCaller India.

17.5. Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CrewCaller India regarding your use of the Platform and supersede all prior or contemporaneous agreements, understandings, communications, or representations, whether written or oral, to the fullest extent permitted by law.

17.6. Headings
The headings in these Terms are for convenience only and shall not affect their interpretation.

18. Notices

18.1. Electronic Acceptance
By using the Platform, you agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

18.2. Formal Notices
All formal legal notices or communications (other than day-to-day operational communication) to CrewCaller India must be in writing and sent to:
Legal Department
Fractal Vision LLP
001A, First Floor, Emaar Palm Square, Golf Course Extension Road, Gurugram, Haryana, India
Email: crewcallerlegal@gmail.com

18.3. Receipt of Notice
Any notice shall be deemed to have been duly served if delivered by hand or by courier to the above address (with proof of delivery).

19. Use by Minors and Children's Data

The CrewCaller India platform is restricted to users aged 18 and above only. We do not knowingly collect or process personal data from individuals under 18 years of age. Accounts found to be created by or for users under 18 will be immediately terminated and all associated data deleted unless retention is required by law.
• Breach Consequences: Any user found to be under 18 will have their account terminated forthwith, and all associated content/data will be deleted except as necessary for statutory compliance or lawful investigations.
• Law Enforcement Cooperation: We will cooperate fully with competent authorities in investigating and acting against any violations of the age restriction or illegal activities conducted via the platform.

20. Marketing, Communications, and User Consent

20.1. Communications
By using the Platform, you consent to receiving communications from CrewCaller India, including but not limited to transactional messages, service notifications, updates, marketing, and promotional content, via email, SMS, push notifications, or in-app messages.

20.2. Opt-Out
You may opt out of promotional or marketing communications at any time by adjusting your account settings or following the unsubscribe instructions provided in each message. Some non-promotional communications (e.g., critical service or security updates) may be mandatory and you may not opt out of receiving them.

21. Data Portability and Account Deletion

21.1. Data Portability
In accordance with the Digital Personal Data Protection Act, 2023, you may request to export or receive a copy of your personal data collected by CrewCaller India in a structured, commonly used, and machine-readable format. Requests may be submitted to the Data Protection Officer at Connect@Crewcaller.in.

21.2. Account Deletion
You may request deletion of your account and associated personal data at any time. Upon such request, CrewCaller India will process the deletion in accordance with applicable law and its Privacy Policy. Please note that some data may be retained as required by law, regulation, or legitimate business operations.
If we become aware that any data relates to a user under 18 years of age, we will promptly delete such data to the extent permitted by law.

22. Affiliate, Partner, or White-Label Use

22.1. Prohibited Use
Unless expressly authorized in a separate written agreement with CrewCaller India, you may not sublicense, sell, lease, modify, distribute, copy, or create derivative works based on the Platform or any part thereof, or use the Platform to provide white-label, resale, or outsourced services to third parties.

22.2. Partnerships
Any commercial arrangement involving integration with, access to, or commercial use of the Platform by partners, affiliates, or third parties requires prior written consent from CrewCaller India.

23. Beta Features and Trials

23.1. Experimental/Pre-Release Features
From time to time, CrewCaller India may make certain features, functions, or services available on an experimental, beta, pre-release, or trial basis ("Beta Features"). You acknowledge that Beta Features may contain bugs, errors, and other problems, and agree to use them at your own risk.

23.2. No Obligation
CrewCaller India is under no obligation to maintain, support, update, continue, or announce the availability of any Beta Feature, and may discontinue or modify such features at any time without notice or liability.

24. Feedback and Suggestions

24.1. Ownership of Feedback
If you provide CrewCaller India with any feedback, suggestions, ideas, or other submissions regarding the Platform ("Feedback"), you hereby assign to CrewCaller India all rights, title, and interest in and to such Feedback, and acknowledge that CrewCaller India may use, modify, or distribute such Feedback for any purpose without restriction or compensation to you.

24.2. No Confidentiality
By submitting Feedback, you acknowledge that such Feedback is not confidential and shall become the sole property of CrewCaller India.

Last updated: 15th December 2024

This Terms of Service was last updated on 15th December 2024