Terms of Use

These Terms of Use ("Terms", "Agreement") govern your access to and use of the website www.zofyapp.com, the Zofy Progressive Web App, and all related products or services (collectively, the "Platform"), operated by Zofy ("we", "us", "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must stop using the Platform immediately.

1. Overview of Zofy's Role

Zofy is a professional network and gig marketplace for wedding creative professionals, including:

• Photographers
• Cinematographers
• Dronographers
• Photo editors
• Video editors
• Social media content creators
• Creative directors

Zofy is not a service provider, contracting party, employer, talent agency, or intermediary in user-to-user transactions.

Users engage with each other independently and at their own risk.

Zofy:

• Does not guarantee bookings
• Does not negotiate contracts
• Does not control prices, scopes, or deliverables
• Does not accept liability for user conduct

2. Eligibility

You must:

• Be at least 18 years old
• Be capable of forming a legally binding contract
• Comply with applicable Indian laws and international laws

Use of the Platform where prohibited is void.

3. Account Registration & Responsibilities

When you create an account, you agree to:

• Provide accurate and complete information
• Maintain confidentiality of your login details
• Accept responsibility for all activity under your account

You may not:

• Impersonate another person
• Create accounts for illegal or abusive purposes
• Sell or transfer your account without written permission

Zofy may suspend or terminate accounts at any time for violations.

4. User Content & Ownership

"User Content" includes images, videos, text, reviews, portfolios, creative works, business information, and job postings.

4.1 Your Ownership

You retain full ownership of your content.

4.2 License You Grant to Zofy

By posting content, you grant Zofy a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

• Display
• Host
• Reproduce
• Modify (formatting, compression)
• Feature in search and discovery
• Use in marketing and promotional activities
• Display thumbnails, previews, and edits

4.3 Copyright Responsibility

You represent that:

• You own the copyright or have proper rights to upload the content
• You have obtained consent from subjects featured in the media
• You are responsible for any legal claims arising from your content

Zofy is not liable for infringement by users, unauthorized re-use outside the platform, or false copyright claims.

5. Content Removal & Moderation

Zofy may remove content that is illegal, offensive, misleading, fraudulent, infringing copyright, violating privacy, abusive or harassing, or harming platform integrity. Zofy may also investigate or restrict accounts violating policies.

6. Prohibited Content & Activities

You agree NOT to:

• Upload obscene, explicit, violent, or defamatory content
• Misrepresent your identity or services
• Upload stolen, pirated, AI-generated, or unauthorized media
• Post spam, scams, or advertisements without permission
• Manipulate reviews or falsify inquiries
• Scrape, mine, or extract platform data
• Use bots, scripts, or automated tools
• Cover or alter Zofy's branding or ads
• Engage in harassment or hate speech
• Share malicious software or viruses
• Solicit personal data from minors
• Engage in activities violating any law

7. Member Responsibilities

As a creative professional on Zofy, you acknowledge that:

• You operate independently
• You are responsible for the quality of your work and conduct
• You must use accurate portfolio media, profile information, and pricing where disclosed
• You will not upload third-party, stolen, or AI-generated work misrepresented as your own
• Paid plans and visibility features do not guarantee gigs, leads, or revenue
• Ratings and reviews may be verified and moderated
• Gigs, assignments, and collaborations are arranged directly between members; Zofy is not a party to any contract between them
• Zofy does not mediate deliverables, payments, or dispute resolution between members

Zofy may mark outdated profiles as inactive and hide or suppress profiles violating policies.

8. Ratings

Zofy operates a two-sided rating system. After a gig is completed, both the Job poster and the Freelancer have 14 days to rate each other. Each side rates the other on three category dimensions:

• Freelancer rating (Job poster's rating of the Freelancer): Skill, Attitude, Punctuality
• Job rating (Freelancer's rating of the Job poster): Timely payment, Communication, Attitude

Ratings must be:

• Genuine, based on real experience of the gig
• Honest reflections of the rated party's performance

Both ratings remain hidden until both sides submit, or until the 14-day window closes. After the window closes, any submitted ratings publish; any un-submitted ratings expire.

Ratings cannot be edited once submitted.

Zofy may investigate reported ratings, remove ratings found to be fraudulent or abusive, and restrict members who manipulate the rating system.

Members may report a rating they believe is fraudulent or violates these Terms via legal@zofyapp.com.

9. Marketplace Disclaimer

Zofy is not responsible for the accuracy of member-submitted information, cancellations, delays, or non-performance, disputes between members, quality of services rendered off-platform, theft, loss, or damage, pricing errors, or outcomes of member interactions. Members engage with each other at their sole risk.

10. Third-Party Tools & External Links

Zofy may use third-party tools such as payment gateways, analytics providers, cloud hosting, and marketing partners. Users accessing third-party sites or tools do so at their own discretion.

11. Promotions & Giveaways

Promotions may be conducted on Zofy or through third parties. Each promotion will have its own terms. Zofy is not liable for third-party rules, eligibility, or fulfillment.

12. Technical Issues & Platform Availability

Zofy does not guarantee continuous uptime, error-free operation, bug-free software, virus-free downloads, or uninterrupted access. Users access the platform at their own risk.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

ZOFY DISCLAIMS:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY
• RELIABILITY

No oral or written advice creates any warranty not expressly stated.

14. Limitation of Liability

To the fullest extent permitted by law:

ZOFY SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, BUSINESS, OR REPUTATION
• ANY DAMAGES ARISING FROM USER CONTENT OR USER INTERACTIONS

If liability is established, it is limited to the amount paid by the user to Zofy in the last 12 months.

15. Indemnity

You agree to indemnify and hold Zofy harmless for content you upload, interactions you engage in, breach of these Terms, and violation of third-party rights.

16. Dispute Resolution

Disputes relating to member interactions, gig outcomes, and misconduct are solely between the members involved. Zofy may assist but is not obligated.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of India.

All disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.

18. Arbitration

Disputes may be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996.

Seat: Mumbai. Language: English.

19. Modification of Terms

Zofy may revise these Terms at any time. Updates are effective immediately upon posting. Continued use constitutes acceptance.

20. Third-Party Notices

Public holiday dates in the Zofy calendar are generated from the open-source holidays library. Dates of holidays that follow a lunar calendar, including Islamic holidays, are estimates and may differ from official announcements.

Copyright (c) Vacanza Team and individual contributors; Copyright (c) dr-prodigy, 2017-2023; Copyright (c) ryanss, 2014-2017. All rights reserved. Licensed under the MIT License: Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.