Terms Of Use : One Impression

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TERMS OF SERVICE

THESE TERMS OF SERVICE ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER APPLICABLE LAWS AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES. THESE TERMS OF SERVICE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM.

These Terms of Service (“Terms”) of the website located at the URL https://oneimpression.io/, and the other associated/ancillary applications, products, websites, subdomains, services, and all other variations of the same (collectively referred to as the “Platform”), are between ANYCAST TECHNOLOGY PRIVATE LIMITED (referred to as “One Impression”, the “Company,” “we,” “us,” or “our”), a company incorporated under the Companies Act, 2013, with its registered office situated at WeWork DLF Two Horizon Centre, 5th Floor, DLF Phase 5, Sector-43, Golf Course Road, Gurugram, Haryana 122002, India, and the registered Users. "Registered Users" refers to any individual, entity, or organization that registers on the Platform and maintains an Account, or any visitor to the Platform, as applicable (collectively referred to as "you," "your," "User," "Brand," "Advertiser," "Agency," or "Creator"). These Terms and Conditions outline the terms under which the Company provides access to its Platform.

These Terms are a contract between you and the Company. These Terms shall be read together with the Privacy Policy, Brand and Influencer Policies under “Famous Subscription” Module and “Amplify”, or other terms and conditions, along with all other notices, disclaimers, and guidelines appearing on the Platform from time to time (collectively referred to as "Terms and Conditions"). These constitute the entire agreement upon which you are allowed to access and use the Platform. By accessing this Platform, you agree to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Your continued use of the Platform shall constitute your acceptance of the Terms and Conditions, as revised from time to time.

You and Company shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”

CLICK TO ACCEPT

Before using certain areas of the Platform you may be asked to indicate your acceptance of the terms and conditions by clicking a button marked "I Accept" or "I Agree" or "Okay" or "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Terms and Conditions or you may indicate your acceptance by executing an order form issued by the Company. Any consent so provided by you will be deemed to be a valid consent under all applicable laws.

UPDATION OF TERMS AND CONDITIONS

Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to the Terms herein shall refer to the latest version of the Terms.

PLATFORM OFFERING

The Company offers a robust Platform with two distinct products “Amplify” and “Famous” to promote influencer marketing campaigns and streamline the process of selecting influencers and managing end-to-end campaign workflow. The Platform operates as a self-service model, which connects Brands with Influencers, empowering them to efficiently plan, execute, and manage their campaigns. For the purposes of this Agreement, "Campaign" shall refer to any influencer marketing campaign initiated by the Brand, wherein influencers are engaged to promote the Brand’s products, services, or values through digital or social media platforms. The objective of such campaigns is to enhance the Brand’s visibility, promote brand value, increase engagement, and drive popularity on various social media channels. Campaigns may include, but are not limited to, content creation, product endorsements, social media posts, and other promotional activities that leverage the reach and influence of the participating influencers.

Once an Account is created, the Brand can initiate the creation of a Campaign for a product or service, which will be the subject matter of the Campaign ("Campaign Subject Matter"). The Brand shall be solely responsible for the contents of the Campaign. For the purposes of this Agreement, “Brand” means a User who is registered on the Platform either under Famous Subscription or Amplify and “Influencer” means a User who is registered on the Platform or otherwise included in the Company’s network of social media influencers and celebrities to work on delivery of Campaign, hereinafter referred to as “Campaign Deliverables”. The Platform focuses on automation, removing manual tasks like coordinating with multiple agencies or negotiating prices.

Famous Subscription

The Famous Subscription is a self-managed solution designed for Brands to independently manage their influencer marketing campaigns. It enables Brands to select Influencers, create tailored campaigns (e.g., ad videos, stories, reels), and handle all aspects of campaign execution. The Company offers three subscription tiers: Starter, Growth, and Enterprise, each providing scalable features to suit diverse campaign needs. The subscription includes advanced tools for filtering creators based on parameters such as engagement metrics and niche expertise in areas like lifestyle, beauty, fashion, and wellness. Brands and Influencers also gain access to seamless communication features, including direct messaging, voice notes, and call options, fostering collaboration in a seamless manner. The subscription streamlines end-to-end campaign management by enabling brands to share briefs and pay influencers directly, with no additional markups or margins charged by the Company. Brands can also pay 100% upfront, with delivery auto-approved upon completion. Brands collaborate with creators of their choice based on quoted prices. While the Company provides Platform access, entire campaign flow and negotiations are handled directly between brands and influencers.

Amplify

Amplify, the flagship offering of the Company, is designed to help brands with limited budgets or urgent timelines connect effectively with micro to medium-range influencers. The Platform simplifies campaign execution by providing brands with a structured workflow in just 10 easy steps. This product is equipped with features such as a flexible cancellation policy for the convenience of brands and advanced filters for audience engagement, location, and more. Amplify enables brands to find the perfect influencer match every time.

If you'd like to experience the workflow and understand how we operate, please visit the following links for more details about Famous and Amplify, respectively.

If you are a Famous Subscriber: https://www.famous.club/.
If you are on Amplify: https://www.amplify.club/

4) ELIGIBILITY AND ACCOUNT REGISTRATION

a) By registering on the Platform, you affirm that you are at least 18 years of age (except as stated below) and are fully able and competent to accept the Terms and Conditions and the obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts. Persons who are "incompetent to contract" within the meaning of the applicable law including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. If you are an Influencer, the following criteria, including the completion of KYC, will also be applicable when creating an Account: (a) be at least 16 years old; (b) have an active and engaged social media profile; and (c) have a social media profile that aligns with Brand values.

b) An account on the Platform in the Brand’s name or an offline profile of the Influencer on the Company’s network of social media influencers and celebrities (an “Account”) is required for the purpose of rendering services under these Terms. When your Account is being created, you must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Company to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us via the Platform including document proofs or copies or any such information as required mandatorily by applicable law that need to be provided to us; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to service quality, confidentiality, User integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).

c) You are responsible for safeguarding and maintaining the confidentiality of your Account information. You agree not to disclose your Account information to any third party and that you are entirely and solely responsible for any and all activities or actions that occur pursuant to the use of your Account on the Platform, whether or not you have authorized such activities or actions. You will immediately notify the Company of any unauthorized use of your Account. You may be held liable for losses incurred by Company due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.

d) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof).

5) PLATFORM LICENSE

a) Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license: (i) to view any content of Platform; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.

b) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the Terms. The Platform and the Intellectual Property Rights vested therein is owned by Company.

c) You agree that this Platform is made available to you on a non-exclusive, non-transferable, non-sublicensable and on a limited license basis and hence, you will not permit, enable, introduce or facilitate other persons to participate in availing, including others who may be subject to an agreement that is the same or similar to these Terms and Conditions.

6) RULES AND CODE OF CONDUCT

a) You shall not use the Platform for any purpose that is prohibited by the Terms; or other rules or policies implemented by us from time to time.

b) You shall comply with all applicable local and provincial laws and regulations when using the Platform.

c)You shall keep Company informed of any technical issues or problems with the Platform, as and when the issues develop.

d)By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including without limitation host, display, upload, modify, publish, transmit, store, update or sharing of information) that: (i) would constitute a violation of any applicable law, rule or regulation or belongs to another person; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent; or (iv) impersonates any person or entity (v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (vi) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or (vii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. The Company reserves the right to disable any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that you may have violated the Terms of Use), or for no reason at all with or without notice to the User.

e) Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any laws for time being in force.

f) Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

g) You will not access the Platform, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.

h) If you are an Individual, you will not access the Platform for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.

i) You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of your Account, or any other breach of security, in relation to your personal information on the Platform.

j) One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable and remove any such Account.

k) You acknowledge that during your engagement with the Company, you may interact with individuals or entities partnered with the Company as its clients for business purposes. The Company may introduce you (via written, oral, digital, or other forms of communication) to one or more of its clients or business associates (“Associates”).

The identity of these Associates and any related information, including but not limited to mailing addresses, phone numbers, fax numbers, email addresses, and other contact details, is the confidential and proprietary property of the Associates or the Company. This information must be treated as confidential and protected accordingly by the User, its affiliates, officers, directors, shareholders, employees, agents, representatives, successors, and assigns.

You agree not to use such information except in connection with activities where the Company is directly and actively involved, and only with the Company’s prior written approval. Additionally, you and your employees, affiliates, or assigns shall not, directly or indirectly, establish any business relationship or arrangement with the Associates, their affiliates, or accept any compensation or advantage from such relationships, except through the Company.

7) USE OF YOUR INFORMATION

a) You may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms by this reference.

b) We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you.

c) We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.

d) You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.

8) THIRD PARTY SITES

a) While availing the benefits of the Platform, Users may connect with third-party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. You may be redirected to a third-party website upon clicking on such links, these websites will be governed by its privacy policy and terms of use. We shall not be responsible for any transaction or dissemination of information that may take place while accessing these third-party websites.

b) We attempt to be as accurate as possible. However, we do not warrant descriptions of our content or other content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. We also provide links to other sites over which we have no control. We are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

c) We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

d) You acknowledge that when you access a link that leaves the services, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Services, although we are under no obligation to do so.

9) INTELLECTUAL PROPERTY

a) The term "Platform" as used in this Agreement collectively refers to the Company's proprietary platforms, including "Famous" and "Amplify." The Company retains exclusive ownership of all intellectual property rights associated with these platforms. Nothing in this Agreement shall transfer or assign any ownership rights of these platforms to the User. Company shall own all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights and all other rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, the Platform, the content of the Platform, video recordings, ideas and information, google text chats which are subject matter of services (collectively referred to as “Intellectual Properties” / “Intellectual Property Rights”).

b) Notwithstanding anything contained in these Terms and Conditions, Intellectual Properties include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like.

c) While browsing through the platform, the Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s prior written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Company Materials solely for its personal purpose and not for any commercial use.

d) While availing Services, Brand may directly or through its representatives, provide the Company and Influencer with certain materials relevant to the Campaign, which may be in the form of audio, video, written and oral content and the Campaign Subject Matter (“Campaign Materials”). The Intellectual Properties shared as Campaign Materials shall be the exclusive property of the Brand. The Company and the Influencer hereby agrees and acknowledges that they shall ensure that the Campaign Materials are not shared with any third party, without Brand’s written consent. The Brand hereby provides the Company and the Influencer with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Campaign Materials solely for the purpose of rendering Services.

e) As part of a Campaign, the Influencer may create materials that are categorized as Intellectual Property (“Campaign Deliverables”), the ownership of which will remain with the Influencer. The Influencer grants the Brand an exclusive, transferable, and royalty-free right and license to use the Campaign Deliverables created during the provision of services for the Campaign, for the duration mutually agreed upon by the Brand and the Influencer, in accordance with the agreed terms for content usage rights. If the Brand wishes to purchase the Campaign Deliverables or extend the usage term beyond the initially agreed period, the Influencer and Brand will mutually discuss and negotiate the terms of this ancillary transaction, and such terms will be recorded on the Platform or through any other method determined by the Company.

f) In the event that the Influencer: (a) accepts a Campaign that requires the Brand to own all the Campaign Deliverables created, for the purpose of this course will be referred to as “Deliverable Owner”, as the case may be), the Influencer agrees and understand that they waive any future rights to revoke such ownership. In such cases, if the Influencer delivers or is required to deliver to Deliverable Owner any work product in connection with the Campaign, including but not limited to concepts, works, inventions, information, drawings, designs, videos, pictures, or software (whether completed or in-progress) (collectively, "Work Product"), then Deliverable Owner owns, or upon assignment by the Influencer will own, all right, title and interest (including, but not limited to, all trademarks, trade secrets, copyrights, patents and any other intellectual property or proprietary rights) (collectively "Proprietary Rights") in such Work Product, except that Work Product does not include: any work made by Influencer prior to the engagement for the Campaign ("Pre-Existing Work").

If the Work Product has been specially ordered and commissioned by Deliverable Owner, Influencer agrees that the Work Product is a "work made for hire" for copyright purposes, with all copyrights in the Work Product owned by Deliverable Owner. To the extent that the Work Product does not qualify as a work made for hire under applicable law, and to the extent that the Work Product includes material subject to copyright, patent, trade secret, or any Proprietary Rights protection, Influencer hereby assigns to Deliverable Owner (or to such of its affiliates as it may designate), its successors and assigns in perpetuity, all right, title and interest in and to the Work Product, including, but not limited to, all rights in and to any inventions, designs and Proprietary Rights embodied in the Work Product or developed in the course of Influencer’s creation of the Work Product, on a worldwide basis.

The foregoing assignment includes a license under any current and future patents owned or licensable by Influencer to the extent necessary to combine the Work Product or any derivative works or modifications thereof with any product, service, offering, software or intellectual property of Deliverable Owner. Influencer will execute any documents and undertake such other acts in connection with such assignment that Deliverable Owner may reasonably request to perfect, register or enforce Deliverable Owner’s ownership of the rights so conveyed in and to the Work Products. Influencer will enter into agreements with its personnel or any other party as necessary to establish Deliverable Owner’s sole ownership in Work Product, and upon Deliverable Owner’s request, Influencer will provide Deliverable Owner with copies of such agreements.

At any time upon request from Deliverable Owner and upon termination or expiration of these Terms and Conditions, Influencer will deliver to Deliverable Owner in tangible form all materials containing Work Product, whether complete or in process. To the extent Pre-Existing Work of Influencer is embodied in any Work Product, deliverables or Proprietary Rights, Influencer hereby grants Deliverable Owner a non- exclusive, worldwide, perpetual, irrevocable, fully paid up license to (a) use, make, have made, sell, offer to sell, reproduce, perform, display, distribute, and import such Pre-Existing Work, (b) adapt, modify, and create derivative works of such Pre-Existing Work, and (c) sublicense the foregoing rights. The Brand and Influencer will remain liable and responsible for the intellectual property rights in the materials and content shared by them respectively.

g) The Brand and Influencer both agree and accept that the Company may use the Campaign Deliverables for the purposes of marketing, advertising and pitching the Services to third parties and among the general public, and hereby grant to the Company the perpetual, irrevocable license to use (including the license to sublicense the usage) the Campaign Deliverables for this purpose.

10) CONFIDENTIALITY

The User agrees to keep all technical and non-technical information, which Company may have acquired before or after the date of these Terms and Conditions in relation to the technology, customers, business, operations, financial conditions, assets or affairs of the other Party resulting from negotiating these Terms and Conditions; or exercising its rights or performing its obligations under these Terms and Conditions; or which relates to the contents of these Terms and Conditions (or any agreement or arrangement entered into pursuant to these Terms and Conditions), including but not limited to business plans, business forecasts, research, technology and financial information, procurement requirements, purchasing requirements, manufacturing, customer lists, sales and merchandising efforts, marketing plans, experimental work, development, design details, specifications, engineering, copyrights, trade secrets, proprietary information, know-how, processes, equipment, algorithms, software programs, software source documents, and information in any way related to the current, future and proposed business, products and Services of Company confidential or any other information designated as confidential from time to time.

Notwithstanding anything in the foregoing to the contrary, confidential information shall not include information which: (i) was known by the User prior to receiving the confidential information from Company; (b) becomes rightfully known to the User from a third-party source not known (after diligent inquiry) by the User to be under an obligation to Company to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the User in breach of these Terms and Conditions; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation.

11) RIGHTS AND OBLIGATIONS RELATING TO THE USAGE OF THE PLATFORM

Users shall be prohibited from carrying out any illegal acts in the Platform including but not limited to acts mentioned below:

violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive or competitive to the provision of our model;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
Any unlawful activities in the Platform which are prohibited by applicable laws.

The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for such period as per applicable laws for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.

We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer Information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.

12) SUSPENSION AND TERMINATION

a) These Terms and Conditions are effective unless and until terminated by either you or Company. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.

b) We have the right to temporarily suspend access to your account for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but are not obliged to, give you notice of any interruption of access to the Platform.

c) We may temporarily suspend access to the whole or any part of the Platform for pre-scheduled maintenance. If you choose to access the Platform during such pre-scheduled maintenance, we cannot guarantee the availability of the functionality of the Platform.

d) We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

e) Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same Account, a different Account or re-register under a new Account. On termination of an Account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

f) In the event of any termination of these Terms and Conditions, the User shall promptly and forthwith make payments accrued or due to Company.

g) The Company may terminate the Influencer’s Account and may at their discretion block the Influencer from creating future Accounts on the Platform in the event the Influencer commits any acts in contravention to the Influencer Terms and Conditions or violates any Campaign instructions from the Brand or from the Company including without limitation uploading any Campaign Deliverables without the express consent/instructions from the Brand and/or committing any acts/omissions or passing any statements that are defamatory in nature or detrimental to the interests of the Company or Brand.

h) Upon termination of these Terms and Conditions, any rights or obligations of the User existing at the time of expiration or termination, which, by their nature, survive the expiration or termination of these Terms and Conditions and such other provision as specifically identified in these Terms and Conditions, shall survive.

i) The Company reserves the right to cancel any Purchase Order (PO) at its sole discretion at any stage, including during the period when there is an expression of interest in utilizing the Company’s platform, while negotiations are ongoing, or at any subsequent stage. Such cancellation shall not create any liability or obligation on the part of the Company, except as may be expressly agreed in writing.

13) ALERTS

a) The Company provides you with multiple automatic and/or customised alerts while providing you with the access to the Platform.

b) You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

14) CONTACT YOU

a) You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:

Obtaining feedback in relation to Platform.
Obtaining feedback in relation to any other Users listed on the Platform.
Any events or initiatives that you may be interested in as part of the community of users
Resolving any complaints, information, or queries by other Users regarding your critical content.

b) You agree to provide your fullest co-operation further to such communication by Company.

15) DISCLAIMERS

a) THE MATERIALS AVAILABLE ON COMPANY'S PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS PLATFORM OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

b) THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) ANY INFORMATION PROVIDED BY US IN ANY WAY WILL MEET YOUR REQUIREMENTS ; OR (F) THE PLATFORM WILL BE FREE OF GLITCHES. ON YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

c) COMPANY DOES NOT WARRANT THAT THE USER WILL BE ABLE TO USE THE PLATFORM AT ALL TIMES OR LOCATIONS ON THE OR THAT THE PLATFORM AND THE SERVICES PROVIDED THROUGH THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

d) THE MATERIALS AS APPEARING ON THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS. COMPANY RESERVES THE RIGHT, ALTHOUGH IT IS UNDER NO OBLIGATION TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR MATERIAL AS APPEARING ON THE PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE.

e) WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED. THE COMPANY DOES NOT PROVIDE A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY.

f) WE DON’T MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CAPABILITIES OR QUALIFICATIONS OF THE INFLUENCERS REGISTERED ON THE PLATFORM.

g) THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE CONTENTS OF THE CAMPAIGN.

h) THE COMPANY DOES NOT EXERCISE ANY CONTROL ON THE INFLUENCER. NOTHING UNDER THESE TERMS AND CONDITIONS OF SERVICE SHALL CREATE A PARTNERSHIP OR RELATIONSHIP OF PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEE BETWEEN THE COMPANY AND THE INFLUENCER. THE COMPANY IS ONLY A FACILITATOR OF THE SERVICES BEING PROVIDED BY THE INFLUENCER TO THE BRAND ON A NON-EXCLUSIVE BASIS AND THE INFLUENCER SHALL PROVIDE SUCH SERVICES TO THE BRAND ON A PRINCIPAL-TO-PRINCIPAL BASIS. BY AGREEING TO AVAIL THE SERVICES OF THE INFLUENCER THROUGH THE PLATFORM, THE BRAND HEREBY AGREES AND ACKNOWLEDGES THAT THE COMPANY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY SERVICES PROVIDED BY THE INFLUENCER TO THE BRAND.

i) BRAND SHALL BE RESPONSIBLE FOR THE CAMPAIGN SUBJECT MATTER ENDORSED FOR THE PURPOSE OF PROMOTIONS IN THE CAMPAIGN AND SHALL ENSURE THAT THE CAMPAIGN SUBJECT MATTER SHALL BE COMPLIANT WITH THE APPLICABLE LAWS, APPLICABLE STANDARDS OR ANY OTHER REQUIREMENT AS APPLICABLE FOR SUCH CATEGORY OF PRODUCT.

j) NEITHER COMPANY NOR THE INFLUENCER HAS ANY WAY OF ASCERTAINING AND VERIFYING THE INGREDIENTS, QUALITY AND LEGAL COMPLIANCE OF THE CAMPAIGN SUBJECT MATTER AND ARE COMPLETELY RELYING ON THE REPRESENTATIONS MADE BY THE BRAND IN THIS REGARD.

16) MATERIAL CONNECTION & DISCLOSURE

A “Material Connection” is any connection between an advertiser and influencer that may affect the weight or credibility of the representation made by the Influencer. Material Connection could include but is not limited to benefits and incentives, such as monetary or other compensation, free products with or without any conditions attached including those received unsolicited, discounts, gifts, contest and sweepstakes entries, trips or hotel stays, media barters, coverage, awards or any family or employment relationship, etc. The Brand hereby grants to the Company a perpetual, irrevocable, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, modify, adapt, transmit and distribute copies of the details of the Campaign, for the sole purpose of providing the Services and for identifying the Brand and the Campaign as a customer of the Company on the Company’s website, pitches and other social media platforms The Company reserves the right to reject a Campaign for any reason in its sole discretion. Both Influencers and Brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the Influencer is being paid by the Brand or the information about the material connection between the Brand and the Influencer.

17) INDEMNITY

You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, joint venture partners, and each of their respective employees, contractors, directors, suppliers, and representatives from any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
• your use or misuse of, or access to, the Platform.
• your violation of these Terms, any applicable law, contract, policy, regulation, or other obligation.
• any defamatory, offensive, or unlawful statements or representations made by you or any third party during or after a campaign.
• any third-party intellectual property infringement claims, where the responsibility for such claims lies with the party providing the materials or content that gives rise to the claim.
• your breach of any policies mentioned on the Famous or Amplify Platform.

The Parties expressly acknowledge that the Company’s role is strictly limited to acting as a facilitator to enable collaborations and does not and shall not assume any liability or responsibility for the actions, omissions, statements, or content created, provided, or published by any party. The Company shall have no obligation, liability, or involvement in any claims, disputes, or damages arising between parties collaborating through the platform. Each party agrees to assist and cooperate with the Company in connection with any matter subject to indemnification and acknowledges that the Company reserves the right to assume the exclusive defence and control of such matters. This indemnity is absolute and applies regardless of whether the claim arises from breach of contract, negligence, statutory violations, or any other cause of action.

18) LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL COMPANY BE LIABLE WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER SUCH LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO THOSE SUCH AS AND/OR RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, DEPLETION OF GOODWILL, LOSS OR CORRUPTION OF DATA OR INFORMATION, PURE ECONOMIC LOSS AND/OR SIMILAR LOSSES OR DAMAGES OF ANY KIND, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES THAT EXCEED Rs. 10,000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Our licensors and service providers will have no liability of any kind under these Terms and Conditions. Unless such restriction is prohibited by applicable law, you may not bring any claim under these Terms and Conditions more than twelve (12) months after the cause of action arises.

19) EXEMPTIONS TO LIMITATION OF LIABILITY

You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of the support team or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:

I. your failure to cooperate;

II. your unavailability and/or unresponsiveness;

III. your failure to provide accurate and complete information;

IV. your failure to provide or facilitate the submission of information in timely manner;

V. any event beyond Company’s reasonable control.

20) UPDATES

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Services, at any time without any prior written notice to you. We suggest that you regularly check these Terms of Services to apprise yourself of any updates. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Services, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

22) SEVERABILITY AND WAIVER

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23) FORCE MAJEURE

If the performance of a Party’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of the Parties, or an act of God (each a “Force Majeure Event”), then the Parties shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the Parties shall give prompt notice within a period of three (3) days from the date of occurrence of the Force Majeure Event and providing a description to the other Party of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay caused by the Force Majeure Event; and provided further that the Parties shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.

If the Party’s performance of its obligations under these Terms and Conditions is suspended due to the occurrence of a Force Majeure Event for a period in excess of thirty (30) business days, the Parties may terminate these Terms and Conditions without incurring any charges.

24) RELATIONSHIP BETWEEN THE USER AND COMPANY

Nothing in these Terms and Conditions shall be construed to create any relationship between Company and you other than that of a Platform provider and user. you do not have the authority to bind Company in any manner whatsoever.

25) NON-ASSIGNMENT

These Terms are personal to you and you shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

26) GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms and Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Platform, shall be subject to the jurisdiction of the courts at Gurugram, Haryana, India.

27) ENTIRE AGREEMENT

The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the usage of Platform.

28) GRIEVANCE REDRESSAL OFFICER

In furtherance of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines.

Any discrepancies or grievances with regard to content and/ or comment or breach of the Terms and Conditions shall be taken up with the designated grievance officer as mentioned below in writing or through email signed with the electronic signature to:

Attention: Jivesh Gupta
Email ID: [email protected]
Address: Wework DLF two horizon centre, 5th floor, DLF phase 5 sector 43, golf course road, Gurugram, Haryana

The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Platform shall not be construed as a warranty.

29) SUPPORT

The Company offers an email, calling and in-app-based support system. In case you require any assistance or support, you may access support resources or contact our support by calling at +91 9311124148 or use the “Help and Support” function on the Platform or email at [email protected]. The Company provides Support on Monday – Friday between the hours of 10 a.m. – 6:30 p.m. IST (except public holidays).

The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.

In furtherance of the Consumer Protection Act 2019 (“Consumer Protection Act”) and the Consumer Protection (E- Commerce) Rules 2020 (“E-Commerce Rules”) a nodal officer is appointed to ensure compliance with the Consumer Protection Act and the E-Commerce Rules.

The details of the grievance officer to whom consumer grievances can be addressed are as follows:

Name: Jivesh Gupta
Contact Details: +91 9311124148
Designation of such officer: Director

The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Platform shall not be construed as a warranty.

30) CONTACT

If you have any questions regarding the usage of the Platform, please contact Company at [email protected]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.

Need further help? Get in touch with us!

[email protected]

+91 93111 24148

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