- Applicability of the Terms
- These Terms apply to the Company’s influencer marketing services (the “Platform”). The Platform enables influencers or their agents (collectively “Influencers”) to, among other things, engage with marketers or their agents (collectively “Marketers” or “Brands”) and / or end-users (“End-Users”), as the case may be, for the distribution of branded content, premium display advertisements and / or native advertisements (collectively “Advertiser Materials”) and social content (all together “Content”). Before accessing or using the platform or any information, data or content provided through the platform (collectively “Information”), you are required to comply with your obligations contained herein.
- Who Can Use the Platform/ Services
- No one under the age of 18 is allowed to create an account or use the Platform/ Services.
- You shall be required to register/signup on the Website and create an account for purposes of using the Platform/Services offered by the us.
- By registering/signing up on the Website, you represent, confirm and acknowledge that:
- You can form a binding contract with the us;
- You are not a person who is barred from receiving the services under the laws of Republic of India or any other applicable jurisdiction.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
- If you are using the Platform/Services on behalf of a business or some other entity, you represent, confirm and acknowledge that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
- Rights Granted to You by Us
- We grants You a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services and the Platform.
- You undertake not to copy, modify, distribute, sell, or lease any part of our Platform/Services, nor reverse engineer or attempt to extract the source code of the softwares contained in the Website and/or in connection with the Platform/Services.
- Rights Granted by You to the Us
- If You are a brand or a Marketer, You grant us a non-exclusive, royalty-free, world-wide licence to use, reproduce and display the Your company logo and Advertiser Materials on the Platform and in the Platform.
- If You are an Influencer, You grant us the right, as an intermediary, to market, sell, match, assign, transfer and convey Advertiser Materials to any Marketers or end users as we deem fit, either directly or through the Platform.
- If You are an Influencer, You confirm that You own genuine profiles on the social media channels such as Facebook, Instagram, Twitter, etc., (“Social Media Accounts”) and that You undertake to link your Social Media Accounts with the profile created on the Website and grant the us the right to publish Content from Your Social Media Accounts on Website and in the products similar to the Website created by us for the purposes of the Services based on your credentials.
- The Content and Information
- You are solely and exclusively responsible for all Content and Information that You may upload, store and distribute on the Platform and/or the Website, as the case may be. You guarantee that the Content and Information are at all times in compliance with applicable laws. We may remove any Content and Information from the Platform that do not comply with the restrictions concerning Content and Information as specified in this Terms.
- You shall bear sole liability for any error, omission or claim attributable to Your Content and Information. We shall not bear any liability for any such claim.
- You understand that the Platform comprises functionality entailing that End-user may share Content with third parties via social networks such as Facebook and Instagram, via email or other channels, which may change from time to time. You expressly consent to the Content being shared by End-users with third parties as described above.
- By using the Services, you agree that-:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your account, username without our written permission.
- You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your account.
- You agree not to disclose your password to any third party. You are under an obligation to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
- Respecting Other People’s Rights
- We respect the rights of others and expect the same from You. You therefore undertake not to use the Platform/Services, or enable anyone else to use the Platform/Services, in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- bullies, harasses, or intimidates.
- spams or solicits our users.
- You are also required to respect and acknowledge our rights. These Terms do not grant you any right to do any of the following (or enable anyone associated with you to do so):
- use branding, logos, designs, photographs, videos, or any other materials used in our Platform/Services.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Platform/Services or the content on the Platform/Services except as set forth in these Terms.
- use the Platform/Services, any tools provided by the Platform/Services, or any content on the Platform/Services for any commercial purposes without our consent.
The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
- Respecting Copyright
- You shall be bound the requirements set forth in the Copyright Act, 1957. In compliance of the terms of the Copyright Act, 1957, we are entitled to take reasonable steps to expeditiously remove from its Services any infringing material that it becomes aware of.
- If we become aware that one of its users has repeatedly infringed copyrights, we shall take reasonable steps within scope and authority to terminate the user’s account and report such activities to the concerned authorities.
- In the event you become aware of a copyright infringement and/or if you believe that anything on the Platform/Services infringes a copyright that you own or control, please reach out to us at +91 9441187130. Or you may file a notice with us at our Website
- If you file a notice with us, it must comply with the requirements set forth below:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- By registering with us and/or using the Platform/Services, you agree that:
- You will not use the Platform/Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- You will not use or develop any third-party applications that may harm any other users on the Platform/Services.
- You will not use the Platform/Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Platform.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
- Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Platform/Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
- Modifying the Services and Termination
- We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we shall not be required to provide you with any notice beforehand.
- While we hope you remain a lifelong member of our Platform, you can terminate these Terms at any time and for any reason by deleting your account. For that, you can write to us.
- We can also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the us, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
- Governing Law, Jurisdiction and Dispute Resolution:
- This Terms and any action related thereto will be governed and interpreted by and under the laws of India and courts at Telangana shall have the exclusive jurisdiction for settlement of any disputes or differences arising between the You and us out of this Terms.
- Any differences and disputes between us, with regard to the Terms or in connection thereof, shall be resolved by Arbitration, the Arbitration shall be referred to arbitration by a sole arbitrator to be appointed by the us. The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be at Hyderabad, India, and the language of arbitration shall be English. The award by the arbitrator shall be final.
- Limitation of Liability
- Neither of us shall be liable to the others for loss of profits nor other indirect damage due to breach of these Terms (even if a party has been informed of the possibility of such damage). This limitation of liability shall not apply, however, to criminal acts, gross negligence, personal injury, death or breach of confidentiality provisions.
- Our total liability for damages hereunder shall not exceed Rs. 10,000.
- Neither of us shall have a right to make any claim hereunder when more than one (1) year has lapsed from when the cause of the claim arose.
- Force Majeure
Each of us shall be discharged from liability for the performance of obligations under these Terms if any obligation cannot be performed because of a circumstance as set out below (a “Force Majeure Event”), provided the circumstance prevents or significantly impedes the performance under these Terms in a timely manner and that such circumstance is outside the other’s control. Force Majeure Events include among others government action or inaction, new or amended legislation, general labour disturbances, boycotts, damage or destruction due to lightning, fire, flood, lack of access to transport, goods or energy, or failure or delay in delivery of goods or services from suppliers due to a Force Majeure Event listed above as well as disturbance in public data- and telecommunications.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
- Additional Terms for Specific Services
- Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
- We reserve the right, at any time, to modify the Platform/Services or this Terms, by making notices of such modifications available at the Website/Platform. Modifications will be effective immediately upon posting such notices at the Platform.
- You may terminate your relationship with us, by restraining yourself from using the Platform at any time if you do not agree to any modification. However, you will be deemed to have agreed to such modification through Your continued use of the Platform following such notice.