1.Introduction & Acceptance
Welcome to InteriorBOQ (accessible at interiorboq.com), a digital platform and software-as-a-service product owned, operated, marketed and maintained by Fucharmonk (hereinafter referred to as "Fucharmonk", "Company", "we", "us", or "our"). InteriorBOQ.com is a proprietary product of Fucharmonk and forms part of the Fucharmonk suite of professional services and products.
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you", "User", "Customer") and Fucharmonk regarding your access to and use of the InteriorBOQ website, web application, mobile views, APIs, contents, and related services (collectively, the "Service").
By creating an account, ticking the "I accept the Terms & Conditions" checkbox on signup, accessing, browsing, or otherwise using the Service in any form, you confirm that you have read, understood, and unconditionally agreed to be bound by these Terms and our Privacy Policy. If you do not agree to any part of these Terms, you must not use the Service.
2.Definitions
- "Account" means the personal or business account you create on InteriorBOQ.
- "BOQ" means a Bill of Quantities document or any similar estimation/costing document generated through the Service.
- "Fucharmonk Services" means all current and future products, websites, applications, courses, consultancy services, design services, software and offerings provided under the Fucharmonk brand, including but not limited to InteriorBOQ.
- "Signup Information" means all data you provide during account registration, including your full name, firm/company name, phone number, email address, and password.
- "User Content" means any data, files, BOQs, invoices, client information, images, text or other material you upload or generate via the Service.
3.Eligibility & Account
You must be at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872. If you are accessing the Service on behalf of a firm, company, partnership or any legal entity, you represent and warrant that you have full authority to bind such entity to these Terms.
You agree to provide accurate, current, and complete information during registration and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. Fucharmonk shall not be liable for any loss arising from unauthorized use of your Account.
4.Use of the Service
Subject to your compliance with these Terms, Fucharmonk grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal business purposes of creating, managing and exporting BOQs, estimates, invoices and related documents for interior, architectural, and turnkey projects.
You agree to use the Service in accordance with all applicable laws, regulations and these Terms.
5.Prohibited Conduct
You shall not, and shall not permit any third party to:
- Use the Service for any unlawful, fraudulent, or harmful purpose;
- Reverse engineer, decompile, disassemble, scrape, copy, modify, or create derivative works of the Service or its source code;
- Resell, sublicense, white-label, or commercially exploit the Service or any part of it without Fucharmonk's prior written consent;
- Upload viruses, malware, or any malicious code;
- Interfere with or disrupt the Service, its servers, or networks;
- Use bots, scrapers, or automated tools to access the Service;
- Impersonate any person or entity or misrepresent your affiliation;
- Use the Service to send unsolicited bulk communication (spam);
- Infringe upon Fucharmonk's intellectual property or that of any third party.
Violation of this section may result in immediate suspension or termination of your Account without notice or refund and may attract legal action.
6.User Content & Data
You retain ownership of the User Content you upload. However, by uploading or generating User Content on the Service, you grant Fucharmonk a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable licence to host, store, reproduce, process, transmit, display and use such User Content solely for the purpose of operating, providing, improving, securing and developing the Service and Fucharmonk Services.
You represent and warrant that you have all necessary rights to upload User Content and that such content does not infringe any third-party rights.
Fucharmonk is not responsible for the accuracy, completeness, or legal validity of User Content. You are solely responsible for the BOQs, invoices, prices, client communications and all documents generated through the Service.
7.Use of Signup Information
By creating an account on InteriorBOQ, you expressly acknowledge and agree that the Signup Information you provide (including but not limited to your name, email address, phone number, firm/company name and account activity) may be collected, stored, processed and used by Fucharmonk for the following purposes:
- To provide, operate, maintain, secure and improve the Service;
- To authenticate your account and prevent fraud or abuse;
- To provide customer support and respond to your enquiries;
- To send transactional emails (account confirmations, password resets, invoices, service notices);
- To deliver, market and promote any current or future Fucharmonk Services, products, courses, design services, software, consultancy services, partner offerings, and related communications;
- To conduct internal analytics, research, product development and performance measurement;
- To comply with applicable laws, court orders, or governmental requests;
- For any other purpose disclosed to you at the time of collection or with your separate consent.
You explicitly consent to the use of your Signup Information for the above purposes as a condition of using the Service.
8.Marketing & Promotion Consent
By accepting these Terms, you grant Fucharmonk express consent to contact you through email, SMS, WhatsApp, telephone calls, push notifications, in-app messages and any other communication channel for the purposes of:
- Promoting, marketing, advertising and selling Fucharmonk Services and InteriorBOQ features;
- Promoting third-party products and services where Fucharmonk has a partnership or referral arrangement;
- Sending newsletters, product updates, offers, discount codes, educational content, webinars, events and surveys;
- Promoting any current or future product, service, or initiative launched under the Fucharmonk brand or its subsidiaries, affiliates, and group entities.
This consent is provided notwithstanding your registration on any "Do Not Disturb" (DND) or "Do Not Call" (DNC) registry. You may opt out of marketing emails at any time by clicking the "unsubscribe" link in those emails or by writing to contact@fucharmonk.com. You acknowledge that transactional and service-related communications cannot be opted out of, as they are essential to operating your Account.
9.Intellectual Property
The Service, including all software, source code, design, layout, graphics, logos, marks, text, illustrations, icons, audio, video, templates, BOQ category data, rate libraries, and other materials, is the exclusive intellectual property of Fucharmonk and is protected by applicable copyright, trademark, trade-secret and other intellectual property laws.
"InteriorBOQ", "Fucharmonk", and associated logos and marks are trademarks of Fucharmonk. You are not granted any right, title, or interest in or to such intellectual property except the limited licence to use the Service as set out in these Terms. Any unauthorized use shall constitute infringement and shall give rise to all remedies available under law.
10.Fees & Payments
Certain features of the Service may be offered free of charge, while others may require payment of fees as specified on the pricing page or in a separate written agreement. All fees are exclusive of applicable taxes (including GST), which shall be additionally payable by you.
All payments are non-refundable except where expressly stated otherwise by Fucharmonk in writing. Fucharmonk reserves the absolute right to revise pricing at any time with reasonable notice.
You authorize Fucharmonk and its payment processors to charge the payment method you provide for all applicable fees. Failure to pay any due amount may result in immediate suspension or termination of your Account.
11.Free Tier & Service Changes
Fucharmonk may, at its sole discretion, offer a free tier or trial of the Service. Fucharmonk reserves the right to modify, suspend, limit, monetise or discontinue the free tier or any feature of the Service at any time, with or without notice, and without liability to you.
12.Third-Party Services
The Service may integrate with or rely on third-party services (including but not limited to Google Firebase, payment gateways, email providers, analytics tools and hosting providers). Fucharmonk does not control and is not responsible for the practices, content or availability of any third-party service, and your use of such third-party services is governed by their respective terms.
13.Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
To the fullest extent permitted by law, Fucharmonk expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, uptime, or freedom from errors, bugs or viruses.
Fucharmonk does not warrant that BOQs, estimates, costs, rates, calculations, or documents generated through the Service are accurate, current, or suitable for any particular project or contract. You are solely responsible for verifying all outputs before relying on them or sharing them with clients, vendors or any third party.
14.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUCHARMONK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF FUCHARMONK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The aggregate liability of Fucharmonk to you, for any cause whatsoever and regardless of the form of action, shall be limited to the total amount actually paid by you to Fucharmonk for the Service in the three (3) months immediately preceding the event giving rise to the claim, or INR 1,000 (Rupees One Thousand only), whichever is lower.
If you are using a free version of the Service, the aggregate liability of Fucharmonk shall not exceed INR 100 (Rupees One Hundred only).
15.Indemnification
You agree to defend, indemnify and hold harmless Fucharmonk, its founders, directors, employees, agents, affiliates, partners, contractors and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in any way connected with:
- your access to or use of the Service;
- your User Content or any document generated using the Service;
- your breach or alleged breach of these Terms;
- your violation of any law or third-party right (including intellectual property rights);
- any dispute between you and any of your clients, contractors, vendors or third parties.
16.Suspension & Termination
Fucharmonk reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate your access to the Service (in whole or in part) and to delete your Account and User Content, for any reason including but not limited to violation of these Terms, suspected fraud, abuse, non-payment, legal compliance, or business decision.
You may close your Account at any time by sending a written request to contact@fucharmonk.com. Termination does not relieve you of any payment obligations accrued prior to termination, and the provisions of these Terms that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, governing law and dispute resolution) shall survive.
17.Modifications to Terms
Fucharmonk reserves the unilateral right to modify, amend, update, add to or remove any portion of these Terms at any time. Material changes will be notified by posting the updated Terms on the Service and updating the "Last Updated" date, and where appropriate by email. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.
18.Governing Law & Jurisdiction
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict-of-law principles. Subject to Section 19, the courts at Noida (Gautam Buddh Nagar), Uttar Pradesh, India shall have exclusive jurisdiction over any dispute, claim, or matter arising out of or in connection with these Terms or the Service.
19.Dispute Resolution, Mediation & Arbitration
19.1 Amicable Resolution
The parties shall endeavour in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, validity, or interpretation thereof ("Dispute"), through mutual discussion and negotiation. Either party may initiate this process by serving a written notice describing the Dispute to the other party ("Dispute Notice"). The parties shall use their best efforts to resolve the Dispute within thirty (30) days of receipt of the Dispute Notice.
19.2 Pre-Litigation Mediation
If the Dispute is not resolved within the period specified in Clause 19.1, the parties shall, in accordance with the Mediation Act, 2023, refer the Dispute to mediation before initiating arbitration proceedings. The mediation shall be conducted by a sole mediator mutually agreed between the parties, or, failing such agreement within fifteen (15) days, by a mediator appointed in accordance with the Mediation Act, 2023. The seat of mediation shall be Noida, Uttar Pradesh, India. The mediation proceedings shall be confidential.
19.3 Arbitration
If the Dispute is not resolved through mediation within sixty (60) days from the date of reference to mediation (or such extended period as the parties may mutually agree in writing), the Dispute shall be referred to and finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time, including by the Arbitration and Conciliation (Amendment) Acts of 2015, 2019 and 2021).
The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties in writing. If the parties fail to agree on a sole arbitrator within thirty (30) days from the date of the request for arbitration, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitrator so appointed shall be independent and impartial and shall not be a person ineligible under the Seventh Schedule of the said Act.
The seat and venue of arbitration shall be Noida, Uttar Pradesh, India, and the language of arbitration shall be English. The arbitration proceedings, including all documents, evidence, awards and information disclosed therein, shall be confidential in accordance with Section 42A of the Arbitration and Conciliation Act, 1996.
The arbitral award shall be final, reasoned and binding on both parties, subject only to the right of either party to challenge the award in accordance with Section 34 of the Arbitration and Conciliation Act, 1996. Each party shall bear its own costs unless the arbitrator directs otherwise.
19.4 Interim Relief
Notwithstanding anything contained in this Section 19, either party shall have the right at any time to seek interim, urgent or injunctive relief from the competent courts at Noida (Gautam Buddh Nagar), Uttar Pradesh, India, under Section 9 of the Arbitration and Conciliation Act, 1996, or otherwise as permitted by law, to protect its rights, intellectual property, or confidential information.
19.5 Consumer Rights
Nothing in this Section 19 shall affect or limit any non-waivable statutory rights you may have as a "consumer" under the Consumer Protection Act, 2019, or the right to approach the appropriate consumer forum where the Service is used for personal, non-commercial purposes.
19.6 Governing Law of Arbitration
The substantive law applicable to the merits of any Dispute shall be the laws of India. The law governing the arbitration agreement and the curial law shall also be the laws of India.
20.Force Majeure
Fucharmonk shall not be liable for any failure or delay in performance of any obligation under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, strikes, government action, internet outages, power failures, cloud-provider outages, cyber-attacks, or any other event of force majeure.
21.Miscellaneous
- Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fucharmonk regarding the Service and supersede all prior agreements or understandings.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No Waiver. No failure or delay by Fucharmonk to exercise any right shall be construed as a waiver.
- Assignment. You may not assign or transfer these Terms or your Account without Fucharmonk's prior written consent. Fucharmonk may freely assign these Terms to any affiliate, successor or acquirer.
- No Agency. Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Fucharmonk.
- Notices. Notices to Fucharmonk shall be sent to contact@fucharmonk.com. Notices to you may be sent to the email address registered with your Account.
- Language. These Terms are executed in English, which shall be the controlling language.
22.Acknowledgement
By using InteriorBOQ, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms & Conditions in their entirety.