Welcome to BookFylo! These Terms and Conditions ("Terms") govern your access to and use of the BookFylo website, mobile application, and all related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not use the Platform.
IMPORTANT NOTICE: These Terms contain provisions that limit BookFylo’s liability and require you to indemnify BookFylo. Please read them carefully.
1. Definitions
Platform: Refers to the BookFylo website, mobile application, and all associated services, tools, and features.
BookFylo / We / Us / Our: Refers to BookFylo, the operator of the BookFylo Platform, acting as a distribution service provider.
User / You / Your: Refers to any individual or entity accessing or using the Platform.
Account Holder: The individual or entity who has created an account on the BookFylo Platform and is the sole contracting party with BookFylo for all activities, content, and financial transactions associated with that account.
Author: An individual who is an original creator of a literary work. This includes sole authors and co-authors.
Publisher: A User who uploads and publishes a literary work on the Platform where they may or may not be the author, but claim to hold valid publishing rights (e.g., as author themself or through a contract with the original author or as a co-author managing the publication). In this context, the User (who is the Account Holder) is solely responsible for the act of publishing and all associated liabilities.
Content: Any literary work (including text, images, illustrations, metadata, cover designs, etc.) uploaded, published, or made available on the Platform by a User.
Book: A complete literary work published on the Platform.
Intellectual Property Rights (IPR): Refer to copyrights, trademarks, patents, trade secrets, and any other proprietary rights recognized by law.
2. Acceptance of Terms
By creating an account, publishing a Book, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
These Terms constitute a legally binding agreement between you and BookFylo.
3. Eligibility and Account Registration
Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. If you are under 18, you may use the Platform only with the involvement and consent of a parent or legal guardian.
Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify BookFylo immediately of any unauthorized use of your account. BookFylo will not be liable for any loss or damage arising from your failure to comply with this security obligation.
4. Content Submission and Rights
4.1. Your Responsibilities and Warranties for All Content
Your Responsibility as Account Holder: You, as the Account Holder, are solely responsible for all Content uploaded, published, or made available from your account on the Platform. This includes ensuring the legality, accuracy, quality, and rights clearance of all such Content. BookFylo acts solely as a distribution service provider and does not endorse, verify, or assume responsibility for any User-generated Content.
Compliance with Laws: All Content must comply with all applicable laws and regulations in India and any other jurisdiction where the Content is distributed, including but not limited to:
The Copyright Act, 1957
The Information Technology Act, 2000, and its associated Rules (e.g., Intermediary Guidelines and Digital Media Ethics Code Rules, 2021)
Laws related to defamation, obscenity, hate speech, privacy, and consumer protection.
Warranties Regarding Rights: By uploading or publishing any Content, you warrant that:
You are the original author and/or possess all necessary and valid legal rights, licenses, permissions, and consents from all original author(s), co-author(s), and any other rights holders to publish, distribute, and monetize this Content through the Platform, in all formats and territories as contemplated by these Terms.
The Content is entirely original (unless it is a licensed work for which you hold valid rights) and does not infringe upon the Intellectual Property Rights or any other rights of any third party.
You assume all responsibilities and liabilities related to managing the rights and agreements with any other author(s), co-author(s), or entity(ies) involved in the creation or ownership of the Content.
Proof of Rights: BookFylo reserves the right to request, at any time, verifiable documentation (e.g., a signed publishing agreement, license agreement) proving your valid publishing rights for any Content submitted. Failure to provide such documentation to BookFylo’s satisfaction may result in the immediate removal of the Content and/or termination of your account.
Prohibited Content: You agree not to upload, publish, or make available any Content that:
Infringes upon the Intellectual Property Rights of any third party (e.g., copyright, trademark).
Is defamatory, libelous, or invades the privacy of any person.
Is obscene, pornographic, sexually explicit, or harmful to minors.
Promotes hate speech, violence, discrimination (based on race, religion, gender, caste, etc.), or illegal activities.
Impersonates any person or entity.
Contains viruses, malware, or any other harmful code.
Is misleading, false, or deceptive.
Violates any other applicable law or regulation.
Content Review: BookFylo reserves the right, but is not obligated, to review, monitor, and/or remove any Content that, in its sole discretion, violates these Terms or is otherwise objectionable. BookFylo may also refuse to publish any Content for any reason.
No Obligation to Publish: BookFylo is not obligated to publish any Content you submit. Submission of Content does not guarantee publication.
Indemnification for Content: In addition to the general indemnification clause (Section 9), you specifically agree to indemnify, defend, and hold harmless BookFylo from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with any claim that the Content you submitted infringes or violates the Intellectual Property Rights or any other rights of any third party, or is otherwise unlawful.
4.2. Grant of Rights to BookFylo for Distribution Services
By submitting Content to the Platform, you grant BookFylo a non-exclusive, worldwide, royalty-free, transferable, sublicensable right and license to perform the following distribution services with respect to your Content:
Host, store, reproduce, transmit, publicly display, and publicly perform the Content on and through the Platform.
Reformat, convert, and encode the Content for optimal display across various devices and formats (e.g., e-book, paperback).
Market, promote, and facilitate the sale of your Book(s) through the Platform and its distribution partners (e.g., Amazon, Flipkart, other online retailers).
Use your name, likeness, and trademarks (if provided) in connection with the marketing and promotion of your Book(s) for distribution purposes.
Duration of Rights: This license is granted for the entire period that your Book is published and made available for sale on the BookFylo Platform. You control the duration of your Book’s availability by keeping it published on the Platform. BookFylo is not obligated to keep any Book live for any minimum period.
Post-Termination Access: In the event that your Book is removed from the Platform (either by you or by BookFylo), BookFylo retains the right to continue to provide access to users who have already purchased or legally acquired the Book prior to its removal. This ensures that customers who have paid for a product retain access to it.
5. BookFylo’s Role as a Distribution Service Provider (Intermediary)
BookFylo operates solely as an online distribution service provider and intermediary platform that facilitates the self-publishing and distribution of literary works by Users.
BookFylo is not a publisher and does not acquire publishing rights or assume the role, responsibilities, or liabilities of a publisher for any Content submitted by Users.
BookFylo relies entirely on Users to warrant that they have all necessary rights to publish and distribute their Content. Users retain all publishing responsibilities, including but not limited to, editorial control, content accuracy, legal compliance, and rights clearance.
6. Royalties and Payments
Royalty Structure: BookFylo will pay the Account Holder royalties for the sales of their Books. The specific royalty rates will be determined by BookFylo and may be subject to change. These royalties represent the Account Holder’s share of the revenue generated from the sale of the intellectual property through the distribution services provided by BookFylo.
Account Holder’s Responsibility for Onward Distribution: If the Account Holder publishes a book where other author(s) or entity(ies) are involved (including co-authors or original authors for whom the Account Holder is publishing), it is the sole responsibility of the Account Holder to manage and disburse any portion of the royalties received from BookFylo to such other author(s) or rights holders, as per their separate agreements. BookFylo has no involvement in, or liability for, the distribution of royalties beyond the payment made to the Account Holder.
Payment Terms: Royalties will be calculated and disbursed to the Account Holder based on confirmed sales, once their accumulated royalties reach a certain minimum threshold. The frequency of calculation and disbursement, and the minimum threshold, may be adjusted by BookFylo from time to time. Payments will be made after deducting BookFylo’s share, distribution costs, taxes, and any applicable refunds or chargebacks.
Mode of Payment: BookFylo will disburse royalties through various payment methods as determined by BookFylo, which may include electronic bank transfers or other secure payment channels. The availability of specific payment methods may vary based on the Account Holder’s location and other factors.
Tax Responsibility: The Account Holder is solely responsible for all taxes (including income tax, Goods and Services Tax (GST), etc.) applicable to their royalty earnings. BookFylo will comply with all applicable Indian tax laws, and any amounts required to be withheld or remitted by BookFylo under such laws may be deducted from your gross royalty earnings before payout. It is your responsibility to understand and comply with all applicable tax laws in India or your country of residence.
Refunds and Chargebacks: BookFylo reserves the right to deduct from the Account Holder’s royalties any amounts corresponding to refunds, returns, or chargebacks related to their Books.
7. Intellectual Property Rights (BookFylo’s IP)
All Intellectual Property Rights in the Platform itself (including software, design, text, graphics, logos, trademarks, and other proprietary material) are owned by BookFylo or its licensors.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose, subject to these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Platform or its Intellectual Property, nor may you reverse engineer or attempt to extract the source code of the Platform, unless laws prohibit those restrictions or you have our written permission.
8. Disclaimers and Limitation of Liability
Disclaimer of Warranties: The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BookFylo does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of Liability: To the fullest extent permitted by applicable law, BookFylo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; or (d) unauthorized access, use, or alteration of your transmissions or content.
Maximum Liability: In no event shall BookFylo’s aggregate liability for all claims relating to the Platform exceed the greater of (a) the amount you paid BookFylo for the services in the twelve (12) months preceding the claim, or (b) INR 5,000.
9. Indemnification
You agree to indemnify, defend, and hold harmless BookFylo, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Your access to or use of the Platform.
Your violation of these Terms or any applicable law or regulation.
Your Content, including any claim that your Content infringes or violates the Intellectual Property Rights or any other rights of any third party, or is defamatory, obscene, or otherwise unlawful.
10. Termination
By You: You may stop using the Platform at any time by deleting your account.
By BookFylo: BookFylo may suspend or terminate your access to the Platform, or remove any Content, at any time, with or without cause, and without prior notice or liability, including but not limited to:
If you breach these Terms.
If you engage in fraudulent or illegal activities.
If BookFylo receives a valid copyright infringement notice or other legal complaint regarding your Content.
For operational or security reasons.
Effect of Termination: Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the courts located in Moradabad, Uttar Pradesh, India.
Arbitration: BookFylo may, at its sole discretion, require you to submit any disputes arising from these Terms or use of the Platform to binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended.
12. Changes to Terms
BookFylo reserves the right to modify or revise these Terms at any time, in its sole discretion.
We will provide notice of such changes by updating the "Last Updated" date at the top of these Terms or by notifying you through the Platform or via email.
Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform.
13. Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BookFylo regarding the use of the Platform.
Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BookFylo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without BookFylo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. BookFylo may freely assign or transfer these Terms without restriction.
14. Contact Information
If you have any questions about these Terms, please contact us at: