Terms And Conditions

These Terms and Conditions (“Terms”) together with the Privacy Policy and any terms or policies published on the Platform, govern your access to and use of the services provided by FPV Labs (Loonshots Network Pvt Ltd) (“FPV Labs”, “Company”, “we”, “us” or “our”), including our mobile application and related services (collectively, the “Platform”).

These Terms form a binding contract between you (“User”, “You” or “Contributor”, as applicable) and FPV Labs.

The User and FPV Labs are hereinafter referred to individually as a “Party” and collectively as “Parties”, as the context may require.

By creating an account on our Platform, or by downloading, installing, or otherwise accessing or using the Services, You confirm that You are at least 18 years of age, and are voluntarily engaging with the Platform. You also agree that you have read, understood, and thus, accept these Terms (including the Privacy Policy) and agree to be bound by them.

If You do not agree to these Terms and Privacy Policy, You do not have our permission to and may not use the Platform in any way. The creation of an account, submission of Contribution Data, or accessing our Platform are conditional on your acceptance of these Terms.

These Terms do not govern the contractual relationship between FPV Labs and any third party that may license datasets created by FPV Labs; such relationships are governed under separate dataset license agreements.

We may make changes to these Terms from time to time. When we do, we will revise the “Last Updated” date given above. Modifications are effective upon publication on our Platform. It is your responsibility to review these Terms frequently and to remain informed of any changes made to it and the other policies published on the Platform. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Platform after such changes have been published will constitute your acceptance of such revised Terms.

Definitions and Interpretation

In this Agreement, the following terms have the meanings this Clause 1.1 ascribes to:

• “Applicable Law” means all Indian laws, statutes, regulations, rules, ordinances, decrees, judgments, orders, notifications, or other requirements of any governmental, regulatory, or judicial authority.
• “Affiliate” means any entity controlling or controlled by a Party.
• “Contributor” means any individual who records, creates, and uploads videos or related content on the Platform, whether on a compensated or voluntary basis, strictly above 18 years of age.
• “Contribution Data” means recorded videos, audio, text, images, metadata, tags, and other data submitted by Contributors. Contributors shall not include any Personal Data in Contribution Data. If any Personal Data is incidentally included, the Contributor expressly agrees that such data shall be treated as Contribution Data and not as Personal Data. Rights of deletion, withdrawal, or erasure shall not apply to such data.
• “Dataset” means structured collections of Contribution Data and Derived Data compiled by FPV Labs for its commercial and research use.
• “Derived Data/ Derivative Works” means annotations, frames, embeddings, segmentation, models, or other outputs generated from Contribution Data.
• “Confidential Information” means non-public information disclosed by either Party but does not include Contribution Data.
• “Intellectual Property”/ “IP” means all current and future intellectual property rights, whether registered or unregistered.
• “Personal Data” or “PII” means personally identifiable data excluding all content included in Contribution Data.
• “Raw Contribution Data” means any unprocessed Contribution Data submitted before filtering/scrubbing. Raw Contribution Data shall not include Personal Data. If incidentally included, it shall immediately become Contribution Data.
• “Sensitive Personal Data” will carry the same meaning as under applicable law and its amendments from time to time. Contributors are strictly prohibited from including Sensitive Personal Data in Contribution Data.
• “Terms” means the present Terms and Conditions and the Privacy Policy, as updated from time to time.

In these Terms, unless the context otherwise requires:

• any clause, schedule, or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of these Terms;
• a reference to a ‘partyʼ includes that partyʼs personal representatives, successors and permitted assigns;
• words in the singular include the plural and vice versa;
• any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

Scope of Terms and Conditions

These Terms govern:

• Contributor account creation
• Uploading of Contribution Data
• Assignment of rights to FPV
• Contributor compensation (if applicable)
• Contributor warranties and liabilities
• FPV’s processing of Contribution Data into Datasets

Contributors acknowledge that FPV Labs may license Datasets to third parties, enterprises, research institutions, and AI developers under separate agreements entirely independent of these Terms.

FPV Labs’ Role

The services offered by FPV Labs include, but are not limited to:

• Allowing Contributors to submit Contribution Data;
• Processing Contribution Data into Datasets and Derivative Works;
• Licensing Datasets;
• Applying anonymization, scrubbing, and filtering;
• Rejecting Contribution Data at its discretion.

FPV Labs does not supervise or verify Contribution Data prior to upload.

FPV Labs may reject, discard, or delete Contribution Data and shall not be required to compensate the Contributor for rejected or non-compliant submissions.

Contributor Terms

Grant of Rights and Assignment

Each Contributor hereby irrevocably assigns to FPV Labs all rights, title, and interest in and to the Contribution Data immediately upon upload, including IP rights therein. This assignment is unconditional and applies irrespective of payment, approval/acceptance, compliance, rejection, voluntary/unpaid submission, or account suspension or termination.

Contribution Data shall be treated as “work made for hire” to the fullest extent permitted by law. Where not legally recognised, the Contributor assigns all equivalent rights to FPV.

Contributors shall not republish, re-upload, or re-share any Contribution Data submitted to FPV Labs for any reason with any party.

To the fullest extent permitted by Applicable Law, each Contributor hereby grants FPV Labs a perpetual, worldwide, royalty-free, transferable and sublicensable license to exploit, commercially sell, use, reproduce, display, distribute, modify, create derivative works from, compile, aggregate and otherwise exploit the Contribution Data for all business and allied purposes, including operating, improving, anonymising, commercialising, licensing and otherwise exploiting the Platform, Datasets, models and Services. To the extent an assignment is necessary under Applicable Law to effectuate the Licensed Rights described above, the Contributor hereby assigns such rights to FPV Labs to the fullest extent permitted by law. To the fullest extent permitted by Applicable Law, the Contributor waives any moral rights and any rights of privacy, publicity, personality, or likeness in the Contribution Data and any incidental identifiers therein. To the extent any such rights cannot be validly assigned or waived, the Contributor agrees not to assert or enforce such rights against FPV Labs or any Group Entity.

Commercial licensing of processed datasets, derivatives, embeddings and models for AI training, research, or product development is consented to by the Contributor expressly while uploading the Contribution Data. FPV Labs shall have the exclusive right to use, license, distribute, modify, or otherwise exploit the Contribution Data as part of its Datasets and Services.

Representations and Warranties

Contributor represents and warrants that:

• By accessing or using the Platform, Contributor represents and warrants that they are 18 years of age or older. In jurisdictions where Applicable Law sets a higher minimum age for lawful consent, the Contributor represents that they meet the higher age required by the jurisdiction of their residence.
• They own all rights to the Contribution Data.
• The Contribution Data does not infringe any third party’s intellectual property rights (music, background content, trademarked branding, copyrighted content).
• Contribution Data contains no Personal Data, no Sensitive Personal Data, and no identifiable persons.
• Contributors shall not retain any ownership rights in the Contribution Data once submitted.
• The Video(s)/ Raw Contribution Data is not subject to any other conflicting agreement or license.
• If a Contributor fails to obtain any requisite consents, or if Contribution Data infringes any third-party rights, the Contributor shall fully indemnify and hold harmless FPV Labs, its Licensees, and partners against any claims, damages, or expenses.

Compensation and Payment

• The Contributor understands that payment for contribution is not guaranteed.
• The Contributor may be paid per Video/hour/milestone, as per the compensation published on the mobile application at the time of upload.
• Payment is subject to successful acceptance/ quality check and compliance with Terms. FPV Labs may withhold payment if Contribution Data is non-compliant, fails quality check, is rejected for any reason, or is deemed to violate these Terms. In case of disputes regarding quality, eligibility, or acceptance, FPV Labs’ decision shall be final. Even if no payment is made, FPV Labs retains full ownership of all submitted Contribution Data.
• Payments will be made within thirty (30) days of acceptance, subject to applicable tax deductions at source (TDS) or similar statutory withholdings.
• FPV may claw back any previously paid amounts for non-compliant data.
• FPV Labs is not liable for payments beyond amounts stated in mobile application.

User’s Responsibilities and Assumption of Risk

To the maximum extent permissible by law, Contributors are responsible and liable for their own acts, omissions, and use of the Platform.

Data and Privacy

All Contributors understand and agree that Contribution Data cannot be returned to the Contributor, they are irrevocable. The uploading of Contribution Data by the Contributor is an irreversible act.

Purpose and Role as Data Fiduciary

FPV is a Data Fiduciary only for Personal Data, not for Contribution Data. Contribution Data is not treated as Personal Data even if identifiers are incidentally included. It is clarified that data subject or data principal rights under Applicable Law (including rights of access, correction, erasure, restriction, or portability) apply only to Personal Data provided for account registration, payments, or communication, and do not apply to any Contribution Data.

FPV Labs may collect and process Personal Data submitted by Contributors through the Platform only to the extent necessary for functioning of the Platform.

Security Measures

FPV Labs implements industry-recognised and appropriate administrative, technical, and physical safeguards to protect Personal Data before anonymization.

Use of Contribution Data

FPV Labs may filter, scrub, anonymise, convert into models, derivatives, commercialise, license Datasets to third parties under separate agreements, or retain permanently the Contribution Data submitted by Contributors.

Inter-Group Transfer and Assignment of Rights

• i. FPV Labs shall have the unrestricted right to transfer, assign, license, or otherwise make available any Contribution Data, Raw Contribution Data, Derived Data, Datasets, models, embeddings, annotations, or any associated intellectual property to its parent company, subsidiaries, affiliates, group entities, or any entity under common control (“Group Entities”), whether existing now or established in the future. Such transfers may occur for any business, operational, research, commercial, or internal purpose, including dataset creation, processing, model training, analytics, product development, compliance, or storage.
• ii. Contributors expressly acknowledge and agree that FPV Labs and its Group Entities may freely store, process, filter, scrub, anonymise, commercialise, license, or otherwise exploit Contribution Data and all derivative works without requiring any further consent, authorization, notice, or compensation.
• iii. Any transfer of Contribution Data or related intellectual property between FPV Labs and its Group Entities shall not affect the validity of the assignment made under these Terms, and all such entities shall be deemed rightful owners or licensees (as the case may be) of the Contribution Data with full rights equivalent to FPV Labs.
• iv. For clarity, any Group Entity may exercise all rights granted to FPV Labs under these Terms as if such Group Entity were FPV Labs

Confidentiality

Contributor acknowledges Contribution Data is not the Contributor’s Confidential Information.

Any Confidential Information disclosed under or in connection with these Terms shall only be used by the receiving Party for the purpose of performing its obligations under these Terms. The receiving Party agrees not to use the disclosing Party’s Confidential Information for its own benefit or for the benefit of any third party, except as expressly permitted herein.

Each Party shall exercise at least the same degree of care to avoid the unauthorised disclosure, publication, or dissemination of the other Party’s Confidential Information as it affords to its own Confidential Information of a similar nature, but in no event less than reasonable care.

Notwithstanding the foregoing, the receiving Party may disclose Confidential Information to the extent required by law, regulation, or governmental order, provided that (where legally permitted) the receiving Party gives the disclosing Party prompt written notice of such requirement and cooperates with the disclosing Party, at its expense, in seeking a protective order or other remedy.

Survival: The obligations of confidentiality under this Clause shall survive termination or expiration of these Terms for a period of five (5) years, except with respect to trade secrets, which shall remain confidential for so long as they remain trade secrets under Applicable Law.

Intellectual Property

FPV owns all rights, title, and interest in and to the Platform, all Datasets, all Derivative Works, and all processing pipelines. Contributor waives all privacy, publicity, personality or likeness rights in any incidental identifiers included in Contribution Data.

All software, design, branding, features, content created by or for FPV Labs, and all related intellectual property, are and shall remain the exclusive property of FPV Labs and its affiliates. No User acquires any ownership rights by accessing or using the Platform.

Disclaimer of Warranties and Limitation of Liabilities

FPV Labs does not endorse, guarantee, or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Contributor, Licensee, Contribution Data, Dataset, Derived Data (including models, embeddings, or other outputs), recommendation, or third-party service. To the maximum extent permitted by law, FPV Labs does not warrant the performance, availability, accuracy, or uninterrupted operation of the Platform or Dataset. FPV Labs does not represent or warrant that anonymisation, identity scrubbing, or other data processing measures will eliminate all risks of re-identification or misuse of personal data, nor that verification checks on Contributors will prevent past or future misconduct. FPV Labs is not responsible for outages or disruptions of internet or telecommunications infrastructure, or for temporary unavailability of the Platform due to capacity limits, server integrity, maintenance, or security measures.

Contributors are compensated only in accordance with the terms mentioned within the mobile application, upon registration. FPV Labs does not guarantee payments, any particular outcomes, research findings, or commercial results arising from the use of the Contribution Data or Dataset.

FPV Labs does not monitor or validate the specific application, purpose, or end-use of any Dataset by third parties. Any third party that accesses or licenses a Dataset does so under a separate agreement and is solely responsible for ensuring its use of the Dataset complies with Applicable Law and the terms of such separate agreement.

Indemnity and Limitation of Liability

The Users, including their Affiliates (“Indemnifying Party”) agree to indemnify, defend and hold harmless FPV Labs and its Affiliates, including their respective directors, agents, consultants, and employees (“Indemnified Party”), from and against any and all losses, claims, demands, suits, action, proceeding, damages, interest, fines, penalty, fees, charges, costs and/or expenses (including any reasonably incurred legal and other professional fees, costs and/or expenses) (“Losses”) whatsoever and howsoever arising which the Indemnified Party may incur, suffer or pay arising out of, in connection with or pursuant to Indemnifying Party’s, its affiliates, or their respective employees’, agents’, representative’s:

• access and/or use of the Services using the User’s Account in a manner that is inconsistent with the Terms, whether or not such access and/or use was authorised or whether it was due to any act or omission on the User’s part; or
• Fraud, material misrepresentation, wilful misconduct, or gross negligence; and/or
• Infringement of Intellectual Property Rights of any third party.

To the fullest extent permitted by applicable law, in no event shall FPV Labs, its partners, service providers, affiliates, or any of their respective directors, officers, employees, or agents be liable for any special, incidental, indirect, punitive, exemplary, or consequential damages, whether foreseeable or unforeseeable, arising out of or in connection with these Terms, the Platform, the Services, or any Dataset, regardless of whether FPV Labs was advised of the possibility of such damages, or whether claims are based in contract, tort, or otherwise.

FPV Labs’ total aggregate liability under these Terms shall not exceed INR 1,00,000/- (Rupees One Lakh only) towards the Contributor, whether the Contributor’s claims are based on the Terms, in contract, tort, or otherwise.

Term & Termination

Submission of Contribution Data is irrevocable. Contribution Data cannot be withdrawn, retracted, returned or deleted.

Notwithstanding the foregoing, Contributors retain any statutory rights of correction or erasure of Personal Data/PII under Applicable Law in relation to their account, profile, or payment information, and FPV Labs will comply with such obligations where applicable. It is acknowledged by the Contributor that such Personal Data rights do not apply to Contribution Data.

The agreement between the Parties is reflected by these Terms and is effective when a User accesses the Platform (creation of account) and remains in effect until terminated in accordance with these Terms.

FPV Labs may terminate Contributor’s access, deactivate the account, or restrict Platform features for any reason (including inactivity) with or without notice.

Cross-Border Data Transfers

Your data may be transferred outside your country. Contributors expressly consent to the global transfer, storage, and processing of Contribution Data without geographic restriction. FPV Labs will protect transfers of Personal Data using mechanisms such as Standard Contractual Clauses, Data Processing Agreements or other safeguards permitted by Applicable Law.

Notices

All notices, requests, and other communications under these Terms must be in writing and shall be deemed duly given when delivered (i) personally, (ii) by email to the contact details specified in the “Contact” section of these Terms, or (iii) by registered post or courier to the registered office of FPV Labs.

Force Majeure

FPV Labs shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, strikes, labour disputes, wars, civil unrest, epidemics, pandemics, embargoes, governmental orders, or failures of internet or telecommunications infrastructure.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under Applicable Law, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

Entire Agreement

These Terms, together with the Privacy Policy and any supplemental agreements or policies expressly incorporated by reference, constitute the entire agreement between FPV Labs and the User with respect to the subject matter hereof and supersede all prior understandings or agreements, whether oral or written.

Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by FPV Labs. No failure or delay in exercising any right or remedy shall constitute a waiver of such right or remedy.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the law of India, and the Parties irrevocably agree that the courts at Bengaluru shall have exclusive jurisdiction over any claim or matter arising under or in connection with these Terms.

Contact

You may contact FPV Labs at the following for any privacy or other concerns:

• Email Id: contact@fpvlabs.ai