Terms and Conditions

Welcome to Album Butterfly. By accessing or using our website, software, products, and services, you agree to be bound by these Terms and Conditions. Please read them carefully before using our platform.

1. Acceptance of Terms

By accessing, browsing, or purchasing from Album Butterfly, you acknowledge that you have read, understood, and agree to these Terms and Conditions, along with our Privacy Policy.

If you do not agree with any part of these terms, you must immediately stop using our services and website.

2. Definitions

• "We," "Us," "Our" refers to Album Butterfly, the service provider.
• "You," "User," "Customer" refers to any individual or business using our services.
• "Software" refers to the Album Butterfly design application.
• "Products" refers to PSD templates, digital downloads, and any purchased items.
• "Services" refers to onboarding sessions, support, and booking services.
• "License" refers to the usage rights granted with your purchase.

3. Eligibility

To use Album Butterfly services, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Use the service for lawful purposes only

If you are registering on behalf of a business, you represent that you have authority to bind that entity to these terms.

4. Account Registration and Security

4.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access or security breach
• One account per user/business - multiple accounts are not permitted

4.2 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms and Conditions
• Engage in fraudulent or illegal activities
• Abuse or misuse our services
• Provide false information

5. Products and Services

5.1 Software License

When you purchase Album Butterfly software, you receive a limited, non-exclusive, non-transferable license to:

• Install and use the software on devices you own or control
• Create albums and designs for personal or commercial client projects
• Receive software updates and bug fixes

You may NOT:

• Resell, redistribute, or share the software with others
• Reverse engineer, decompile, or modify the software
• Remove copyright notices or branding
• Use the software for illegal purposes
• Share your license key with third parties

5.2 PSD Templates License

With the purchase of PSD templates, you receive a commercial license that allows you to:

• Use templates in unlimited client projects
• Modify, customize, and edit templates as needed
• Create and sell finished albums using our templates

You may NOT:

• Resell or redistribute the original PSD files
• Share templates with other photographers or designers
• Claim authorship of the templates
• Use templates in "template marketplace" websites

5.3 Service Bookings

Our booking services include:

• Personalized onboarding sessions
• Software setup and migration assistance
• Technical support appointments

Booking Terms:

• Bookings must be made at least 24 hours in advance
• Cancellations must be made at least 12 hours before the scheduled time
• No-shows may result in forfeiture of booking credits
• Rescheduling is allowed once per booking

6. Pricing and Payment

6.1 Pricing

• All prices are listed in Indian Rupees (INR) unless otherwise stated
• Prices are subject to change without notice
• Current pricing applies at the time of purchase
• Taxes may be added based on your location

6.2 Payment Methods

We accept:

• Credit/Debit Cards (Visa, MasterCard, RuPay)
• UPI (Google Pay, PhonePe, Paytm)
• Net Banking
• Digital Wallets

6.3 Payment Processing

• All payments are processed securely through third-party payment gateways
• We do not store your full credit card details
• Payment confirmation is sent via email
• Download links are provided immediately after successful payment

7. Refund and Cancellation Policy

7.1 Digital Products (Software & Templates)

Due to the digital nature of our products:

• No refunds are provided after download links have been accessed
• Refund requests must be made within 24 hours of purchase and before downloading
• Valid reasons for refund include technical issues preventing download or use
• Refunds are not provided for "change of mind" or "didn't like the product"

7.2 Service Bookings

• Cancellations made 12+ hours before appointment: Full credit refund
• Cancellations made less than 12 hours before: No refund
• No-shows: No refund
• Credits are non-transferable and expire 6 months from purchase

7.3 Refund Processing

Approved refunds are processed within 7-10 business days to the original payment method.

8. Intellectual Property Rights

8.1 Our Ownership

All content on Album Butterfly, including but not limited to:

• Software code and algorithms
• PSD templates and design elements
• Website content, text, and images
• Logos, trademarks, and branding
• Documentation and tutorials

...are the intellectual property of Album Butterfly and protected by copyright, trademark, and other intellectual property laws.

8.2 Your Content

When you upload photos or create designs using our software:

• You retain full ownership of your original content
• You grant us a limited license to store and process your content to provide services
• We will never claim ownership of your client work or photos
• You are responsible for ensuring you have rights to any content you upload

9. Prohibited Uses

You agree NOT to use Album Butterfly services to:

• Violate any local, state, national, or international law
• Infringe on intellectual property rights of others
• Upload viruses, malware, or harmful code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Engage in unauthorized scraping or data mining
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services
• Use our products to create illegal or offensive content
• Resell or redistribute our products without permission

10. User-Generated Content

If you submit reviews, testimonials, or feedback:

• You grant us permission to use, display, and share your content for marketing purposes
• Your content must be honest, accurate, and not misleading
• You must not include offensive, defamatory, or illegal content
• We reserve the right to remove any content at our discretion

11. Disclaimers and Limitations

11.1 Service Availability

We strive to provide uninterrupted service, but:

• Services are provided "as is" without warranties of any kind
• We do not guarantee 100% uptime or error-free operation
• Maintenance, updates, or technical issues may cause temporary disruptions
• We are not liable for any loss of data or business interruption

11.2 Limitation of Liability

To the maximum extent permitted by law:

• Our total liability is limited to the amount you paid for the product/service
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for loss of profits, data, or business opportunities
• You use our services at your own risk

11.3 Third-Party Services

Our platform may integrate with third-party services (payment gateways, cloud storage). We are not responsible for:

• Third-party service failures or downtime
• Third-party terms and conditions
• Data handling by third-party providers

12. Indemnification

You agree to indemnify and hold Album Butterfly harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms and Conditions
• Your misuse of our products or services
• Your infringement of third-party rights
• Any content you upload or create using our platform

13. Updates and Modifications

13.1 Software Updates

• We regularly release updates to improve functionality and security
• Updates are provided free to registered users
• You are encouraged to keep software updated for optimal performance

13.2 Terms Updates

• We may update these Terms and Conditions at any time
• Changes will be posted on this page with a new "Last Updated" date
• Continued use after changes constitutes acceptance
• Material changes will be communicated via email

14. Termination

14.1 By You

You may terminate your account at any time by:

• Contacting our support team
• Requesting account deletion through your dashboard

Note: Termination does not entitle you to a refund of purchased products.

14.2 By Us

We may terminate or suspend your account immediately if:

• You violate these Terms and Conditions
• You engage in fraudulent activity
• You misuse or abuse our services
• Required by law or legal process

15. Marketplace Terms (Partner Sellers & Physical Products)

Album Butterfly runs a Partner Marketplace where independent sellers (photographers, studios, designers) can list physical products (lights, props, backdrops, prints, cameras, albums) and digital PSD templates. The following terms apply to all marketplace transactions in addition to the general terms above.

15.1 Marketplace Model — We Are an Intermediary

• Album Butterfly operates as a neutral intermediary between buyers and partner sellers, similar to any third-party marketplace.
• Partners are the actual sellers, owners and dispatchers of the physical products listed. Album Butterfly does not own inventory, does not manufacture products and is not the seller of record for partner listings.
• The contract of sale for each marketplace order is formed directly between the buyer and the partner seller. Album Butterfly facilitates payment, logistics, communication and dispute resolution, but is not a party to that contract.

15.2 Partner Obligations

By listing on Album Butterfly Marketplace, each partner agrees to:

• Submit accurate, honest listings — truthful descriptions, real photos, correct pricing, weight, dimensions and stock count
• Ship on time — hand over parcels to the courier within the pickup window; packaging must be secure enough to survive Indian courier handling
• Comply with tax laws — issue GST invoices where required, remit GST/TDS, maintain records; Album Butterfly is not responsible for a partner's tax non-compliance
• Honour the stated return window — if the partner selected accept_returns on a listing, they must process returns within the declared return_days period
• Respond to disputes within 48 hours of being notified
• Not list prohibited, counterfeit, stolen, infringing or illegal items
• Maintain a minimum acceptable performance rating (delivery %, response time, dispute %)

15.3 Customer (Buyer) Obligations

• Provide a correct, complete shipping address and a reachable phone number at checkout
• Accept delivery when the courier attempts it, or use the reattempt flow — refusing delivery without cause may make the order non-refundable
• Inspect the parcel at delivery; raise damage claims within 7 days via the "Raise Issue" flow in My Orders (with photo evidence)
• Do not misuse the marketplace (chargeback fraud, fake return claims, etc.) — repeated abuse may result in account suspension

15.4 Commission Structure

Album Butterfly charges partners a commission on every successful sale, deducted before payout:

• Standard Partners: 30% commission on each sale (gross)
• Creator Partners: 12% commission — granted to partners who meet the Creator criteria (high-volume sellers with verified original products, consistent ratings of 4.5+ and zero unresolved disputes, reviewed by our team)

Payment Processing charges (Razorpay 2%), GST and applicable TDS are deducted in addition to the commission. The partner receives the net amount in their wallet, held for 15 days from delivery before becoming available for withdrawal.

15.5 Dispute Resolution Process

For any issue with a marketplace order, we follow a structured dispute resolution process:

1. Raise Issue: Customer files a dispute from My Orders → Raise Issue, choosing a reason (not delivered, damaged, wrong item, missing parts, return request, other) and attaching photos where required.
2. Partner Review: The assigned partner is notified and may respond within 48 hours with their side of the story.
3. Admin Investigation: Album Butterfly's team reviews the dispute, evidence and both parties' statements.
4. Resolution: We may issue a full refund, partial refund, replacement or reject the dispute. Refund amounts (if any) are deducted from the partner's wallet and credited to the customer.
5. Final: Our decision is final for marketplace disputes. Customers may pursue further legal remedies only in the jurisdiction set out in Section 16.

15.6 Account Suspension or Ban

We reserve the right to suspend or permanently ban any partner or customer account for reasons including but not limited to:

• Listing counterfeit, pirated, illegal or prohibited products
• Repeated late shipments, non-shipments or fraudulent tracking updates
• Fake reviews, self-purchasing, or review manipulation
• Deliberately misleading listings (misrepresenting size, material, condition)
• Repeated damage or loss claims without merit
• Chargeback fraud or payment disputes filed in bad faith
• Violation of any applicable law or these Terms

In case of a ban, the partner's pending payouts may be withheld pending investigation; confirmed fraud will result in forfeiture of held funds which will be refunded to affected buyers.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and Conditions are governed by the laws of India. Any disputes arising out of or in connection with your use of Album Butterfly (including marketplace transactions) shall be subject to the exclusive jurisdiction of the courts of Patna, Bihar, India.

16.2 Dispute Resolution (General)

Before initiating legal action, you agree to:

1. Contact us to resolve the issue informally
2. Attempt mediation if informal resolution fails
3. Only pursue legal action as a last resort

17. Miscellaneous

17.1 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.2 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.3 Entire Agreement

These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and Album Butterfly.

17.4 Assignment

You may not transfer or assign your rights under these terms. We may assign our rights to any successor or affiliate.

18. Contact Information