Terms of Service

1. Acceptance of Terms

By accessing or using the vehicle wash and detailing management platform ("Service") operated by Qbler Technolabs Private Limited ("Foamly", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all users, including business owners, staff members, and any other individuals accessing the Service.

1.1 How You Accept, and What We Record

You accept these Terms by ticking the confirmation box presented when you sign in and then completing sign-in with the one-time passcode sent to your mobile number. The box is never pre-ticked, and sign-in cannot be completed without it.

Each time you accept, we permanently record your user identity, your mobile number, the date and time, the IP address, the application used, and the exact version and content fingerprint of the Terms and Privacy Policy you were shown. Every published version remains permanently available at its own web address and is never edited after publication.

These records exist so that the version applying at any past date can be established with certainty by either party. You agree that such records, and the electronic form of this agreement, are admissible and are valid evidence of your agreement, and you will not dispute their validity on the sole ground that they are electronic.

2. Description of Service

Foamly provides a cloud-based platform for vehicle wash and detailing businesses to manage their operations, including but not limited to:

• Job and queue management
• Customer relationship management
• Staff management and access control
• Invoicing, GST records, and recording the payments you collect
• Analytics and reporting
• Customer notifications via WhatsApp and SMS, within the monthly allowance your plan includes

2.1 What Foamly Is Not

Foamly is not a bank, a payment aggregator, or a payment processor, and it takes no part in money passing between you and your own customers. When you record a payment in Foamly you are recording that the money reached you. The money itself never touches Foamly, we never hold funds on your behalf, and we never settle any to you. Whether a customer has actually paid you, and what to do if they have not, is between you and that customer.

The only money we handle is what you pay us: your subscription, any add-ons, and any message credit packs. Those are collected by the payment partner named in our Privacy Policy, on the terms in section 4.

3. Account Registration

To use the Service, you must have an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep control of the mobile number and device used to sign in
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old. If you accept these Terms on behalf of a business, you confirm that you have authority to bind that business, and "you" means both you and that business.

Sign-in is by one-time passcode sent to your registered mobile number. There is no password. Anyone in control of that mobile number can sign in, so keeping it secure, and telling us promptly if you lose control of it, is your responsibility.

4. Subscription and Payment

4.1 Free Trial

New users may be eligible for a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis and renew automatically at the start of each new period until you cancel. At the start of each period we raise a tax invoice for that period's plan fee, together with any add-ons you hold for that period, and make it available in your account.

Everything Foamly sells is paid for before it is used. We do not extend credit, we do not meter your use of the Service and bill for it afterwards, and no charge is ever added to an invoice for something you have already done.

All fees are non-refundable except as expressly stated in these Terms, in our Refund Policy, or as required by law.

4.3 Plan Limits

Each plan sets limits on what your shop may hold and raise: the number of branches, the number of staff records, and, where the plan sets one, the number of customer bills you may raise in a billing period. Your plan's limits are shown in your account, on your billing page, and a plan may set no limit at all on any of them.

A limit is a stop, not a charge. When you reach one, the Service declines the next branch, staff record or bill and tells you which limit you have reached and what will lift it. You are never billed for going beyond a limit, because you cannot go beyond it. A limit on bills per billing period resets at the start of each period, and moving to a larger plan lifts a limit immediately.

A bill counts against such a limit when it is finalised, and voiding it afterwards does not return the count. Reaching a limit never removes anything you already hold: if a limit falls below what you have, whether because you moved to a smaller plan or because we changed the plan, you keep every branch, staff record and bill you already have and are simply declined the next one.

4.4 Automatic Payment

You may authorise us to collect your invoices automatically, by UPI Autopay or by a card mandate, through our payment partner. The authorisation is given to your bank or card issuer, not to us, and it sets a maximum amount that may be collected on any single debit. We never see or store your UPI PIN, your card number, or any other credential you use to give it.

An authorisation lets us collect only what you actually owe under an invoice we have already raised. Before each debit your bank or card issuer sends you the pre-debit notification required by the Reserve Bank of India, and every debit is scheduled far enough ahead for that notification to reach you first.

You may withdraw the authorisation at any time, from your account settings or with your bank. Withdrawing it stops future automatic collection and nothing else: invoices already raised remain owed, and we send you a payment link for each one instead. Withdrawing an authorisation is not a cancellation of your subscription.

4.5 Changing Your Plan

You may move to a larger plan at any time. It takes effect immediately and you pay only the difference for the days remaining in the period you have already paid for. A move to a smaller plan takes effect when the period you have already paid for ends, and that period is neither refunded nor shortened. We may refuse a move to a plan smaller than your current use of the Service, and we will tell you what to reduce first.

4.6 Price Changes

We reserve the right to modify pricing with at least 30 days' notice. Price changes will apply to the next billing cycle after the notice period.

4.7 Taxes

Prices are exclusive of applicable taxes (including GST). You are responsible for paying all taxes associated with your subscription.

4.8 Non-payment

Every invoice shows the date it is due. If we are collecting automatically and a debit fails, we try again on the second, fifth and eighth day after the invoice was raised, and we tell you each time; paying the invoice yourself at any point stops the remaining attempts. If no automatic authorisation is in place, we send you a payment link instead.

If an invoice is still unpaid on the tenth day after it was raised, we suspend access to the Service. Suspension is not deletion: your data stays exactly as it was, you can still sign in to see what is owed and pay it, and full access is restored as soon as the payment is confirmed. Prolonged non-payment may lead to termination under section 13.

4.9 Message Allowance and Credit Packs

Each plan includes a monthly allowance of customer notifications over WhatsApp and SMS. The allowance resets at the start of each billing cycle and is not carried forward. When it is used up, the Service stops sending those notifications until the allowance resets or you buy more.

You may buy additional messages as a credit pack. A pack is a one-time prepaid purchase, not a subscription: it does not renew and it is never charged again. Credits are added once your payment is confirmed, and expire 180 days, about six months, after that. Credits still unspent on that date lapse, and are not refunded, extended, transferred, or converted into money. Our Refund Policy sets this out in full.

One-time passcodes used to sign in are never counted against your allowance or your credits, so a shop with nothing left can always sign in.

4.10 Add-ons

Some capabilities are sold separately from the plans, as add-ons. An add-on is added to your subscription at your request and is charged only for the part of your current term that remains: ask for one three months into an annual term and you pay for the nine months left, not for the year. From the next renewal it is charged in full alongside your plan fee, for as long as you hold it.

Asking for an add-on to be removed is a reduction, not a refund. It runs to the end of the term you have already paid for and stops there, and what you paid for that term is not returned. If you move to a plan that already includes what an add-on does, we stop charging you for the add-on from the next renewal and you keep the capability, because the plan now covers it.

Section 4.6 applies to the price of an add-on as it does to a plan fee.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit any malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Collect user information without consent
• Send unsolicited communications (spam)
• Engage in fraudulent activities
• Upload, store, or publish obscene, sexually explicit, defamatory, hateful, or otherwise unlawful material
• Upload or publish a photograph or other content that you do not have the right to use, or that identifies a person who has not agreed to it being used or shared

If you use the Service in any of these ways we may remove the offending content, restrict or suspend the feature involved or your account as a whole, and, where the breach is serious or repeated, terminate under section 13.2. We may act without prior notice where the law requires it, or where waiting would risk harm to another person, to your own customers' data, or to the Service. A suspension under this section does not stop fees falling due, does not pause your billing period, and does not create a refund or credit.

6. Your Data

6.1 Ownership

You retain all rights to the data you input into the Service. We do not claim ownership of your business data, customer information, or any content you create.

6.2 License

You grant us a limited license to use, store, and process your data to provide, secure, and support the Service. We do not sell your data, and we do not use your data or your customers' data to train machine learning models.

We also produce statistics from how the platform is used, for example how often a feature is opened, how long a typical job takes, or how many shops are on a plan. Those statistics are aggregated across shops and de-identified: they never identify you, your shop, or any of your customers, and they cannot be turned back into data that does. We use them to operate and improve the Service and to describe it in general terms. This is the only use we make of your data beyond providing the Service to you, and because a statistic already aggregated cannot be unmade, this permission continues after your subscription ends.

6.3 Roles Under Data Protection Law

For personal data about your own customers and staff that you enter into the Service, you are the Data Fiduciary and Foamly acts as your Data Processor under the Digital Personal Data Protection Act, 2023. You decide what to collect and why; we process it only on your instructions, which you give through the actions you take in the product, and only to provide the Service.

You are responsible for having a lawful basis for the personal data you enter, for giving your customers the notice the law requires, and for responding to their requests to access, correct, or delete it. We will give you reasonable assistance to do so.

For your own account and the accounts of your staff, Foamly is the Data Fiduciary. Our handling of that data is described in our Privacy Policy.

6.4 Customer Messaging

Where you use the Service to send SMS or WhatsApp messages to your customers, you are responsible for obtaining and honouring their consent, for complying with applicable telecom and unsolicited-communication regulations, and for the content you send. We may suspend messaging on your account if we detect or are notified of a breach of those rules.

6.5 Photographs and Shared Links

Photographs your staff capture through the Service are your content under section 6.1, and you are solely responsible for them: for what is photographed, for having the right to photograph and store it, and for the consent of anyone who appears in it.

Where you share a bill with your customer, anyone holding that link can open the bill and any photographs attached to it. Publishing that link is your decision and your act. You are solely responsible for what it makes visible, and you confirm that you hold the rights and consents needed to share it.

We do not review, screen, approve, or moderate photographs or captions before they are stored or shared, and we are not the author or publisher of them. We provide storage and delivery at your instruction.

We may remove any content, and withdraw any shared link, where we are notified of or detect a breach of section 5, where the law or a court or authority requires it, or where leaving it in place would risk harm. We may do so without prior notice, and section 5 governs what else may follow. You can withdraw a shared link yourself at any time from within the Service.

To report content on a shared link, write to our Grievance Officer at the address in our Privacy Policy.

6.6 Data Protection

We will handle your data in accordance with our Privacy Policy and applicable data protection laws, and will take reasonable security safeguards to protect it.

6.7 Export

You may export your data at any time. Upon account termination we will provide a reasonable period to export it, after which we keep, anonymise, or delete it as described in our Privacy Policy.

7. Intellectual Property

The Service, including its design, features, and content (excluding your data), is owned by Foamly and protected by intellectual property laws. You may not:

• Copy, modify, or distribute the Service or its content
• Reverse engineer or attempt to extract source code
• Use our trademarks without prior written consent
• Create derivative works based on the Service

8. Third-Party Services

The Service integrates with third-party services. Your use of these services is subject to their respective terms and policies. The providers we rely on are listed in our Privacy Policy.

8.1 WhatsApp Business Messaging

Our platform uses the WhatsApp Business API to send notifications to your customers. By using this feature, you agree to:

• Obtain consent: You must obtain explicit opt-in consent from your customers before sending them WhatsApp messages through Foamly
• Comply with policies: You must comply with WhatsApp Business Policy and Commerce Policy
• Respect opt-outs: You must honor customer requests to stop receiving WhatsApp messages
• Send appropriate content: Only send service-related transactional messages (job updates, reminders, receipts)

You are solely responsible for ensuring compliance with WhatsApp's terms when sending messages to your customers. We may suspend your WhatsApp messaging capabilities if we detect policy violations.

8.2 Other Integrations

We also integrate with payment gateways, SMS providers, push notification services, and hosting services. We are not responsible for third-party service availability or performance.

9. Service Availability and Changes to the Service

We strive to maintain high availability but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We will provide reasonable notice when possible.

We continue to develop the Service. We may add features, change how a feature works, and withdraw a feature. Where a change withdraws a capability you materially rely on, we will give at least 30 days' notice in the product or by email, unless the change is required by law, forced on us by a third party we depend on, or needed to address a security risk, in which case we will give as much notice as is reasonably possible.

A change to the Service is not a ground for a refund of a period you have already paid for. If a change does not suit you, your remedy is the one in section 15: stop using the Service and terminate under section 13.1.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

The Service assists you in running your business. It does not provide legal, tax, or accounting advice. Invoices, tax calculations, and reports it produces are based on the configuration and data you supply, and you remain responsible for verifying them and for your own statutory filings.

Nothing in this section excludes any warranty or condition that cannot be excluded under applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOAMLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, HOWEVER CAUSED.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

What these limits do not cover. Nothing in these Terms limits or excludes liability for: fraud or fraudulent misrepresentation; wilful misconduct or gross negligence; death or personal injury caused by negligence; or any other liability that cannot lawfully be limited or excluded. If any part of this section is held unenforceable, the remainder continues to apply to the fullest extent permitted.

You acknowledge that these limits are a reasonable allocation of risk, that they are reflected in the price of the Service, and that we would not provide the Service on these terms without them.

12. Indemnification

You agree to indemnify and hold harmless Foamly, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, your breach of section 6.3, 6.4 or 6.5, or your infringement of any rights of third parties.

This does not apply to the extent the claim arises from our own breach of these Terms, and we will notify you promptly of any claim for which we seek indemnity and allow you to participate in its defence.

13. Termination

13.1 By You

You may terminate your account at any time through the account settings or by contacting support.

13.2 By Us

We may suspend or terminate your account for material breach of these Terms, for non-payment, or where required by law. Except where the breach is serious or continuing, or where the law requires immediate action, we will give notice and a reasonable opportunity to remedy.

We may also suspend access immediately and without prior notice where we reasonably suspect fraud, a payment dispute raised without first contacting us as section 8 of the Refund Policy requires, unauthorised access to an account, or any activity that puts the Service, the data in it, or another user at risk. We will tell you as soon as we reasonably can, and where the suspicion is not borne out we restore access promptly. A suspension under this paragraph does not pause your billing period and does not create a refund or credit for the days access was unavailable.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases. We will provide a reasonable period to export your data. We then keep, anonymise, or delete it as described in our Privacy Policy, and we retain whatever the law requires us to retain. Amounts already owed remain owed.

Sections 4, 6.1, 6.2, 7, 10, 11, 12, and 14 survive termination.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, by writing to the other with details of the dispute and allowing 30 days for a response. This does not prevent either party from seeking urgent interim relief.

Subject to the above, the courts at Kochi, Kerala shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and both parties submit to that jurisdiction.

15. Changes to Terms

We may modify these Terms. When we do, we publish a new, dated version. Previous versions are never edited after publication and remain permanently available at their own web address.

You are asked to confirm agreement to the current version when you sign in, and that confirmation is recorded as described in section 1.1. For material changes we will give notice in the product or by email before the new version takes effect. If you do not agree to a new version, your remedy is to stop using the Service and terminate your account under section 13.1.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Foamly regarding the Service.
• Severability: If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for failure to perform caused by events beyond its reasonable control, including natural disasters, war, civil unrest, epidemics, failures of telecommunications or internet infrastructure, changes in law, or acts of government. This does not excuse any obligation to pay amounts already due.
• Notices: We may give notice through the Service, or by email or SMS to the contact details on your account. You may give notice to us at the address in section 17.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

17. Contact Us

If you have questions about these Terms, please contact us at:

Qbler Technolabs Private Limited, operator of Foamly

No. 4/461, 2nd Floor, Suite No. 202, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala 682021, India

Email: support@foamly.in