Fashtechi is a fashion and technology-based mobile app (the “App”) which is brought and operated by Fashtechi LLP (“Fashtechi,” “we,” “us,” or “our”) to bring disruption in the fashion industry using different technology and innovations. These Terms of Service (“Terms of Service” or “Terms”) are a legally binding contract between you and Fashtechi LLP that sets out your rights and responsibilities when you use our website(s), our APIs, App, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to browse, try-on, purchase, promote, sell, or transfer product (collectively, the “Service”).“Try-on” means a digital fashion item which is tried-on through Augmented reality which can then be promoted for affiliate marketing purpose or purchased through our Service. “Products” are physical items bought or sold. Any affiliate commission, purchase, or sale you make, accept or facilitate of products (as defined below) outside of our service will be entirely at your risk. we do not control the affiliation, purchase, or sale of products outside of our service. we expressly deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting or facilitating transactions, in products outside of our service. Please read these terms carefully to ensure that you understand each provision. Section 21 & 22 contains an arbitration clause and class/jury action by agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions. By using any of our services you’re agreeing to the terms. If you don’t agree with the terms, you may not use our Services. Do you agree? Great, let’s move ahead!

By accessing and/or using any part of the Service, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site or application. If you are using the Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. If you do not agree, you may not use the Service. Except as set forth in these Terms, or as otherwise approved by us. A breach or violation of any of the Terms will result in the immediate termination of your Services.

We reserve the right to refuse access to or use of the Service to anyone for any reason at any time. You understand that your content (not including credit card information as we do not keep this information with us as it’s managed by third-party payment gateways), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Your Commitments In return for our commitment to provide the Service, we require you to make the below commitments to us. Who Can Use Fashtechi We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Fashtechi community (that we also refer to as ‘Fashtechian’). • You must be at least 13 years old. • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing. • You must Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. • You must Protect your password, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. • You must Pay Your Bills and all fees that you owe to Fashtechi. You are also solely responsible for collecting and/or paying any applicable taxes for any commission, purchases, or sales you make through our Services.

Fashtechi Services connect people around the world in a similar manner to how they connect on different social media platforms to express, influence, and communicate. Also, it facilitates buying and selling of the products as on any marketplace. Your user role is defined based on how you use the service. Following are the different roles that are being offered by Fashtechi:

Browser If you use the platform to check out different posts and products, you will be considered as a browser.

Buyer If you use our services to shop, you become a buyer.

Influencer Anyone can be an influencer by promoting others content on our platform, once you post using others' products you become an influencer.

Vendor/Seller/Shop

Once you share your interest in selling on our platform and we grant you the account with those functionalities, you become a vendor/seller/shop

These terms and roles don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Fashtechi. The above-mentioned general condition refers to all the user roles and the following sections apply according to your user role in the application.

Products or Services are available online through the Service. They may have limited quantities and are subject to return or exchange according to vendors or our Refund Policy.

Acquiring Products

You can acquire Products through our Service in several ways: (a) by purchasing individual Products from different vendors on our marketplace (the “Marketplace”); or (b) by being gifted or transferred Products by us as part of a promotion. If you buy an individual Product from the vendor in the Marketplace, you will know the exact Product that you are purchasing. We strongly encourage you to purchase products you see on our marketplace there itself. If you decide to purchase our marketplace displayed Products in any other way or through any other channels, you understand that such purchases will be entirely at your own risk.

Characteristics of our Marketplace

Try-on functionality on our application is to enable you to take an informed buying decision via augmented reality technology. The same functionality is also utilised by influencers on our application to demonstrate their inclination towards the product. Influencers' promotions are subject to their own interest (monetary or otherwise) and we recommend you take a conscious decision before buying any product on our marketplace. We have made every effort to display vendor products or posts and influencer posts as accurately as possible, the colors and images of the Products that appear on the posts may differ from the actual item and we cannot guarantee that your computer monitor or mobile device’s display of any color will be accurate.

Reservation of Rights with Respect to Products

We reserve the right but are not obligated, to limit the sales of Products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are offered on our marketplace. All descriptions of Products or Product pricing are subject to change at any time without notice, at our or the poster's sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the application is void where prohibited. We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Courier Services

We use third-party delivery partners to ship products. A physical item will arrive to you after your purchase based on the delivery time suggested by the delivery partner and any issue in the delivery will be managed under the given delivery partner's terms and conditions.

Fashtechi provides Members access to an integrated third-party door-to-door courier service. Note that all transactions are subject to a shipment contract. This means that the risk of loss and title for such items passes between the vendor/seller/shop and the buyer. Fashtechi is not a party to such a shipment contract. Fashtechi disclaims any loss or liability whatsoever arising from the user of any such delivery partner or courier services. Delivery Fees are based on the size/volume of the package pre-selected by the seller and to be paid by the buyer. If it is deemed by Fashtechi, in its absolute discretion, that the package does not comply with the dimensions advised earlier, Fashtechi is entitled to claim additional fees from the seller. For the avoidance of doubt, these additional fees may include any additional amounts that would be charged by the third-party delivery partner if the seller uses the incorrect packaging size while posting the product.

Tax Calculations

You are solely responsible for determining what if any, taxes apply to your product or service-related transactions. We are not responsible for determining the taxes that apply to your transactions in the Marketplace.

Our App provides access to our Service over compatible mobile devices and is available for download via the Apple App Store (a “Third-Party App Store”). You may incur mobile data charges from your wireless provider in connection with our App, and you agree that you are solely responsible for any such charges. We do not guarantee that our App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that our App or Service will be available in any particular geographic location. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of our App for your account on one or more mobile devices owned or leased solely by you, solely in accordance with these Terms. You acknowledge that we may from time to time issue upgraded versions of our App and may automatically electronically upgrade the version of our App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of our App or any copy thereof. We or our third-party partners or suppliers retain all rights, titles, and interests in our App (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void.

If you acquire our App from a Third-Party App Store : (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such App must comply with such third party’s then-current app store terms and conditions; (iii) such third party is only a provider of our App, where you obtained such App; (iv) we, and not such third party, are solely responsible for our App; (v) such third-party has no obligation or liability to you with respect to such App or these Terms; and (vi) you acknowledge and agree that such third-party is a third-party beneficiary to these Terms as it relates to such App.

We are not responsible if the information made available on the Service is not accurate, complete, or current. The material on the Service is provided for general information by the vendor, Influencer, or Fashtechi and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Service is at your own risk. This application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time. You agree that it is your responsibility to monitor changes to the Service.

Prices for Products and influencer commissions are subject to change by vendors without notice. We reserve the right to change the Fashtechi commission we charge on the sale of any product or service and discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

In order to purchase, sell or earn commission on our application, you must provide the correct account details. You understand and agree that by providing your account detail or creating an account, you acknowledge and agree to allow Fashtechi to manage your accounts and transactional information pertaining to Fashtechi only. Vendors reserve the right to refuse any order you place on the Marketplace at their sole discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we or the vendor make a change to or cancel an order, we or the vendor may attempt to notify you by contacting you through our in-app notification/ e-mail and/or billing address/phone number provided at the time the order was made. The cancelation item amount will be refunded to you in the same mode you used to make the payment. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate account information for all the sales and purchases made on our Marketplace. You agree to promptly update your account and other information, including your email address and other contact details, so that we can complete your transactions and contact you as needed.

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this application may direct you to third-party websites/applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites/applications, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites/applications.

Service content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images, and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by us in connection with the Service (collectively, "Service Content") is owned by us and our licensors and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by us in writing or solely as necessary for your use of the intended functionality of the Service, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Service Content, Reproducing, copying or distributing any Service Content for any purpose is strictly prohibited without our express prior written permission. You shall use the Service Content only for purposes that are permitted by these Terms and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

Your content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). Your content includes shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, text, graphics, images, illustrations, logos, trademarks, service marks, copyrights, audio, videos, music, work of authorship or information, feedback, opinions, postings, messages, files, e-mail, or other materials presented on your profile. You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority, and authorization necessary to contribute, provide and make available to us and others Your Content and to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic), and (iii) that you have all authorizations, consents, approvals and have made all disclosures required to provide Your Content to us and to allow us to use Your Content as provided in these Terms.

We may, but have no obligation to, monitor, edit or remove any of Your Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You are solely responsible for Your Content and its accuracy. We take no responsibility and assume no liability for Your Content or any other user content.

We understand your personal information is important to you, so it’s important to us Your submission of personal information through the store/application is governed by our Privacy Policy, which is located at Privacy policy

Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Vendors/Fashtechi reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your access to and use of the Service or any related website for violating any of the prohibited uses

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. In no case shall Fashtechi LLP, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Items You Purchase

Fashtechi does not manufacture, store, or inspect any of the items sold through our Services nor do we audit each post by influencer, we provide the platform; the items in our marketplaces are produced, listed, and sold directly by independent sellers and influencers promote the products based on their free will. So, Fashtechi cannot and does not make any warranties about their quality, safety, authenticity, or their legality. You release Fashtechi from any claims related to items sold through our Services, including for defective items, misrepresentations by seller/shop/influencer, or items that caused physical injury (like product liability claims).

Content You Access

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Fashtechi is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.

You agree to indemnify, defend and hold harmless Fashtechi LLP and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. We hate to see you go but you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The Terms are governed by the laws of Indian Jurisdiction. These laws will apply no matter where in the world you live, but if you live outside of India, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THAT YOU AND FASHTECHI LLP ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Fashtechi LLP that arises out of or relates to, directly or indirectly: (a) this Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Fashtechi LLP directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.

You can reject and opt out of this Arbitration Agreement within 30 days of accepting these Terms by emailing Fashtechi LLP at fashtechian@gmail.com with your first and last name and stating your intent to opt out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at fashtechian@gmail.com and attempt to resolve the dispute with us informally. In the unlikely event that Fashtechi LLP has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding The Arbitration and Conciliation Act, 1996 before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for The Arbitration and Conciliation Act, 1996 (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitration will be conducted in India unless you and Fashtechi LLP agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with The Arbitration and conciliation rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Fashtechi LLP agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any provision of this Terms of Service is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as preventing Fashtechi LLP from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Service Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from the arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any Claim regarding the entitlement to public injunctive relief shall stay pending the outcome of any individual Claims in arbitration.

With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. you and Fashtechi LLP agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). any relief awarded may not affect other Fashtechi users. you and Fashtechi LLP further agree that, by entering into this agreement, you and Fashtechi LLP are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind as a plaintiff or class member.

Any new features or tools which are added to the current application shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website/application. It is your responsibility to check our website/application periodically for changes. Your continued use of or access to our website/application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at fashtechian@gmail.com

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.