Terms of Service

Welcome to Sooperb (“us,” “we,” or “our”), and thank you for using our website sooperb.io and mobile app and our stock photo discovery and reselling services (“Services”). These terms of use (“Terms”) govern your access to and use of the Site and Services, so please read them carefully. By accessing or using the Site or Services, you agree to be bound by these Terms and our Privacy Policy. Do not use the Site or Services if you disagree with these Terms or the Privacy Policy.

A “partnered site” is the website/company that provides us the content whenever you type any keyword on our search engine using any of our website or application.

Please read these Terms of Use carefully before accessing or using this website, software, apps, and/or plug-ins made available by Sooperb, its affiliates, or its partnered sites (individually and collectively, the "Site").

We may change these Terms from time to time. If we do, we will post the updated Terms on this page and indicate the effective date of the revised terms. We encourage you to review the Terms whenever you access the Site to stay informed about our policies and practices.

Use of the Site and Services
The Site and Services are intended for personal, non-commercial use. You may use the Site, App, and Services only for lawful purposes and in accordance with these Terms. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party’s use of the Site or Services.

Account Registration
You should register for an account to access certain features of the Site, App, and Services. You are responsible for maintaining the confidentiality of your account login information and all activities under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any losses or damages caused by your failure to comply with this security obligation.

Intellectual Property
The Site, App, and Services, including all images and content available on the Site, are the property of the respective creator as mentioned in credits/terms-of-use of our partnered sites or our licensors and may or may not be protected by copyright, trademark, and other intellectual property laws. Without prior consent from our partnered sites, you may not use any images or content from the Site or Services for commercial purposes.

Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, OR FOR ANY IMAGES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES.

Indemnification
You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of another.

Governing Law
These Terms and your use of the Site and Services will be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law.

Dispute Resolution
Any dispute arising from or relating to these Terms or the Site or Services will be resolved through binding arbitration in accordance with India's arbitration rules.

Miscellaneous
These Terms constitute the entire agreement between you and us regarding using the Site and Services. Suppose any provision of these Terms is found to be invalid or unenforceable. That provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Contact Us
If you have any questions about these Terms or the Site or Services, please get in touch with us at social@sooperb.io.

Links to Third-Party and Partnered Sites
If our Site or app is available through any third-party platform, or if Sooperb provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Sooperb makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Sooperb, and Sooperb provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Sooperb.

Intellectual Property; Limited License to Users
Subject to your compliance with these Terms of Use, any applicable license agreement with Sooperb, and the law, you may access and use the Site or App. Sooperb and its partnered sites remain the sole owner of all rights, titles, and interests in the Site or app and reserve all rights not expressly granted under these Terms of Use.

Sooperb may modify, replace, or discontinue the Site or app or any part thereof at any time, for any reason, with or without notice, in Sooperb's sole discretion. Sooperb provides the Site or app on an "as is" and "as available" basis.

All content on this Site, including but not limited to Images, Footage, Music, and related metadata, as well as the selection and arrangement of the Sooperb Content, are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. Any unauthorized use of any Sooperb Content violates such laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Sooperb, Sooperb does not grant any express or implied permission to use the Site, any Sooperb, or its partnered sites' content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Sooperb's partnered sites content without reading their terms and conditions. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site, App, or Sooperb Content.

Unless you enter into a license agreement with Sooperb you may not download, distribute, display and/or copy any Sooperb or its partnered site content. You may not remove any watermarks or copyright notices in Sooperb's partnered site content.

ADDITIONAL TERMS
Except when required by law, Sooperb shall be under no obligation to issue refunds under any circumstances. You authorize Sooperb to charge you all subscription fees for the term agreed to at the time of purchase. All fees are non-refundable, even if your subscription is terminated before expiration. If Sooperb determines that any user is not in compliance with these Terms, Sooperb reserves the right to suspend or terminate access to the Site or Services.

You acknowledge and agree that we may remove your content from the Site or Services at our discretion or as required by law.

Effective Date
These Terms are effective as of [Effective Date].

Arbitration
Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the laws of India for Dispute Resolution in effect on the date of the commencement of arbitration rather than in court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Mumbai. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed upon by the parties. Each party shall bear its costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Sooperb. This arbitration provision will survive the termination of this TOS.

YOU AND SOOPERB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and SOOPERB agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Sooperb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.

If a court decides that applicable law precludes enforcement of any of the limitations then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Neither party may assign this agreement, without the prior written approval of the other party, except that Sooperb may assign this agreement to a subsidiary, an affiliated company within the Sooperb group, the entity that results from a merger or other corporate reorganization involving Sooperb, or an entity that acquires all or substantially all of Sooperb's assets or capital stock. This TOS shall be construed neither against nor in favor of any party, but rather by the fair meaning of the language hereof. This TOS is governed by and shall be construed by the laws of the applicable jurisdiction.

If you enter this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. If you do not have such authority, you agree that you will be personally liable to Sooperb for any breaches of the terms of this TOS. You hereby grant Sooperb a worldwide, non-exclusive, limited license to use your trademarks in Sooperb's promotional materials, including a public customer list. Sooperb's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Sooperb and shall at all times inure to your benefit. Sooperb further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Sooperb of your email request to social@sooperb.io

The number of Content downloads available to you is determined by the product you purchase. For this TOS, a day is defined as the twenty-four (24) hour period beginning when your product is purchased. A month is defined as a calendar month beginning on and including the date you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. For example, if you purchase a subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.

Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made with such purchase. Suppose any individual term of this TOS is invalid or unenforceable by any legal or regulatory body of competent jurisdiction. In that case, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.

You expressly agree that any feedback provided by Sooperb or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder is solely to interpret this TOS and is not legal advice. Sooperb cannot render legal advice to you and expressly disclaims any liability related to any feedback provided by Sooperb, its representatives, or its partnered sites.

It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that it intends no benefits, rights, duties, or obligations to third parties.

If you breach any of the terms of this or any other agreement with Sooperb, Sooperb shall have the right to terminate your account without further notice, in addition to Sooperb's other rights at law and/or equity. Sooperb shall be under no obligation to refund any fees paid by you if your account is terminated because of a breach.

Except as expressly outlined in the applicable license and warranties sections, Sooperb grants no rights and makes no further warranties. Sooperb only has model or property releases where expressly indicated on the Sooperb website.

Neither Sooperb nor any of its officers, partnered sites, employees, managers, members, shareholders, directors, or suppliers shall be liable to you or any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Sooperb's suggested breach of this agreement, or otherwise, unless expressly provided for herein, even if Sooperb has been advised of the possibility of such damages, costs or losses.

Sooperb does not warrant that the content provided by Sooperb partnered websites or other materials will meet your requirements or that use will be uninterrupted or error-free. The entire risk of the content's quality, performance, and use is solely with you.

Privacy Policy
Thank you for choosing (us) Sooperb, as your source for stock images. We are committed to protecting your privacy and handling any personal information we collect from you with care.

This privacy policy (“Policy”) explains how we collect, use, and share information when you visit or use our website, https://sooperb.io/, or app or otherwise interact with us. By using our website, you agree to collect, use, and share your information as described in this Policy. If you do not agree with our policies and practices, do not use our website.

We may change our Policy from time to time. We encourage you to review the Policy whenever you access our website to stay informed about our information practices and choices.

Introduction:This privacy policy explains how Sooperb collects, uses, and shares personal data when you use our mobile app Sooperb and your rights concerning your data.

Definitions:In this policy, "personal data" is any information related to an identifiable individual. "Processing" means any operation or set of operations performed on personal data, such as collection, use, storage, and disclosure.

Information we collect:We may collect the following types of personal data when you use our app:

Contact information: If you create an account, we may collect your name, email address, and other contact details. Payment information: If you purchase our app, we may collect your payment information, such as your credit card details. The Content you create or upload: If you create or upload any content to our apps, such as photos or videos, we may collect and store that Content. Location information: If you allow us to access your location, we may collect information about your location while you use our app.

Purposes for processing personal data:We process personal data for the following purposes:

To provide and maintain our app: We use your personal data to provide and maintain the functionality of our app and to ensure a seamless user experience. To process transactions: We use your payment information to process purchases and transactions. To improve our app: We use your data to analyze how our app is used and to improve its features and performance. To communicate with you: We may use your contact information to send you updates, newsletters, or other information related to our app. To comply with legal obligations: We may process your personal data to comply with applicable laws and regulations.

Sharing personal data:We do not share your personal data with third parties except in the following circumstances:

To provide and maintain our app: We use your personal data to provide and maintain the functionality of our app and to ensure a seamless user experience. To process transactions: We use your payment information to process purchases and transactions. To improve our app: We use your data to analyze how our app is used and to improve its features and performance. To communicate with you: We may use your contact information to send you updates, newsletters, or other information related to our app. To comply with legal obligations: We may process your personal data to comply with applicable laws and regulations.

Security:We take appropriate measures to protect your personal data from unauthorized access, disclosure, or loss. However, no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee its absolute security.

Your rights:You have the following rights concerning your personal data:

Access and correction: You can request access to and correction of your personal data. Deletion: You can request the deletion of your personal data under certain circumstances. Objection: You can object to the processing of your personal data under certain conditions. Data portability: You can request a copy of your personal data in a structured, commonly used, and machine-readable format.

To exercise your rights or if you have any questions about this Policy, please contact us at [contact email].

Changes to this policy:We may update this Policy from time to time. We will notify you of any significant changes by posting the new Policy on our website or app. Your continued use of our website or app after any changes indicates your acceptance of the revised Policy.

Contact us:If you have any questions or concerns about this Policy or our privacy practices, please contact us at [contact email].

Legal Bases for Processing

For individuals in European Economic Area (EEA) and UK, we rely on the following legal bases for processing your personal data where the processing is necessary to perform our contract with you. Providing access to the Sooperb websites, mobile applications, and services to fulfill the terms of your contract; Customizing your experience, including targeting our services, search results, and offerings to you.

Providing information so that you can make decisions about Sooperb services; Processing your financial transactions and sending you order/renewal confirmations; Registering your rights, if any, to technical support or other benefits that may be made available to registered users; Responding to your customer service requests, questions, and concerns; Administering your account.

Processing is necessary to protect the vital interests of the data subject or another natural person: Investigating and protecting against intellectual property infringement; Confirming the validity of licenses to Sooperb Content; Investigating, preventing, or taking action regarding violations of our Terms of Service.

Processing in furtherance of Sooperb's legitimate interests: Providing, improving, and customizing our website and services; Administering our operations and meeting our contractual obligations to our customers and contributors; Analyzing and understanding how our online platforms are being used; Maintaining the security and integrity of our websites, mobile applications, and other services; Sending you requested product or service information and keeping you informed about special offers and services of Sooperb and selected third parties; Administering promotions and sweepstakes; Research and product/service development to improve our Site, services, and offerings.

Processing is necessary for compliance with Sooperb's legal obligations, including: Investigating and protecting against intellectual property infringement, fraud, spam, harassment, crime, and security risks; Compliance with money laundering, bribery, corruption, and applicable sanctions laws and regulations; and Meeting financial reporting and other obligations under applicable securities laws.

Information Sharing with Service Providers / Agents

Sooperb uses one or more outside credit card processing companies to bill you for our goods and services. To the best of our knowledge, these companies do not retain, share, store, or use personally identifiable information for any other purpose. We also share Personal Information with certain companies that perform services on our behalf. We only share the personal information necessary for them to perform those services. We require any company with which we may share Personal Information to protect that data in a manner consistent with this policy and to limit the use of such Personal Information to the performance of services for Sooperb.

Data Retention and Data Portability

We will retain your information for as long as your account is active and your information is needed to provide you services, as necessary to validate or enforce the licenses to use Content, or as required to fulfill our legal obligations. We will retain and use your information to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account or request that we no longer use your information to provide services, please email us at social@sooperb.io. If you cannot access your account, please get in touch with us at social@sooperb.io. We will respond to your request within 10 business days.

Protection of Your Personal Information

The Personal Information you provide in connection with our website and app is protected in several ways: Access by you to your account profile is available through a password and unique customer ID selected by you. This password is encrypted. You should strive to use a strong, alpha-numeric password which you should not divulge to anyone. Your Personal Information resides on secure servers that only selected Sooperb personnel and contractors can access via password. Your Personal Information is encrypted whenever it is transmitted to Sooperb. When you enter sensitive information (such as credit card numbers) on our registration or order forms, we encrypt that information using transport layer security technology.

We strive to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or electronic storage method is 100% secure. While considering the sensitivity of the Personal Information we collect, process, and store, and the current state of technology to use these measures to protect your Personal Information, we cannot guarantee its absolute security.

If you have questions about security on our Web Sites, you can email us at social@sooperb.io

Links to third-party sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Sooperb. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Single Sign-On

You can log in to our site or app using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and allow you to share certain personal information with us, such as your name and email address, to pre-populate our sign-up form. Services like Facebook Connect allow you to post information about your activities on this Web site to your profile page to share with others within your network.

Children

We do not intend to solicit or collect Personal Information from anyone under 18. If you are under 18, refrain from entering information on this site or engaging our services. If you believe a child under 18 has entered Personal Information, don't hesitate to get in touch withsocial@sooperb.ioto have the data removed and terminate the child's account.

Social Media Widgets

Our Web sites or applications may include Social Media Features, such as the Facebook Like button, and Widgets, such as the Share this button, or interactive mini-programs that run on our site. These Features may collect your IP address and which page you visit on our site and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are hosted by a third party or hosted directly on our Site. The company's privacy policy governs your interactions with these Features.

Cookie and Tracking Technologies

The Site may automatically collect information as you browse, such as Internet Service Provider, browser type and version, operating system and device type, average time spent on our site(s), pages viewed, information accessed, the Internet Protocol (IP) address used to connect your computer to the Internet and other relevant statistics. Such information is sometimes called web analytics and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we offer you, to improve marketing, analytics, and provide site functionality.

Technologies such as: cookies, beacons, tags, and scripts are used by Sooperb and our affiliates, analytics services, and service to provide site features and functionality. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site, and gathering demographic information about our user base.

We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

A cookie is a small, unique text file that a website can send to your computer when you visit a site. We may use session cookies, which terminate when a user closes his or her browser, and/or persistent cookies, which remain on the user's computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want us to deploy cookies to your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site.

We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads.

We enable you to create a profile for accessing blogs or online communities for sharing information such as messages, photos, and videos. Please note that we cannot control the actions of others with whom you may choose to share your pages and information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, please contact the specific site or service provider to make changes to your profile.

Changes to This Policy

We may change this Privacy Policy from time to time to reflect changes in our practices, services, or legal requirements. Any changes will be posted on this page with an updated revision date. Please review the policy periodically for any changes. Your continued use of the Site or Service following the posting of changes to these terms will mean you accept those changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us at social@sooperb.io.