Terms of Service

RULES AND GUIDELINES – GENERAL

We believe that consumers should always be put first with sponsored posts. Therefore, both influencers and brands need to ensure they apply the latest best practice so that no campaign or post is false or misleading. Influble expects that all users comply with all applicable laws and industry self regulation. This means that all influencer marketing posts facilitated through Influble should be transparent and labeled with appropriate disclosures.

RULES AND GUIDELINES – BRAND

Be responsive. Please appreciate the energy each Influencer has invested into their post proposals by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.

RULES AND GUIDELINES – INFLUENCER

Time is the essence. Post must stay on the top of your feed for minimum 10 hours and on your platform for 30 days. Plus content must not have been published anywhere prior to you submitting it to the brand.

Authenticity is the key. If you wouldn’t recommend the brand for free – don’t recommend it for money.

All imagery submitted must be owned and captured by you, unless otherwise directed by the brand. We work exclusively with Influencers who’ve organically grown their audience, therefore if you’re misrepresenting the size of your audience or engagement in your content, we reserve the right terminate your INFLUBLE account.

Quality over quantity. If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your audience.

TERMS OF USE

1. INTRODUCTION

1.1 . THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1.2. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

1.3. The domain name www.influbleanalytics.com (hereinafter referred to as the “Website”) is owned by Support Hives Technology LLP. (“INFLUBLE”), a company registered under The Companies Act, 1956 and having its registered office at 1301 Wing B Ridhi Sidhi Heights Yashwant Nagar Road Goregaon West Mumbai Mumbai City MH 400104 IN.

1.4. INFLUBLE has created the INFLUBLE Platform to allow Brands and Influencers to interact, form relationships, buy and sell Paid Content, and create and distribute sponsored Posts through the Influencer’s Channels (Instagram, Facebook, Twitter, Snapchat and other social media networks) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Influencers are collectively and individually referred to as “users” or “you” as the context requires.

2. ACCEPTANCE OF TERMS

2.1. This Terms of Use (“Terms”) is a legal agreement between you, the potential user of this website and INFLUBLE (“Us” “INFLUBLE”). Please carefully read these Terms. In order to use the Website, you must first agree to the Terms. By accessing, browsing or otherwise using the Website, you are agreeing to these Terms and concluding a legally binding contract with INFLUBLE. Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding.

2.2. You may not use the Website if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies of INFLUBLE, including but not limited to its privacy policy (“Privacy Policy”), as amended from time to time.

2.3. As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website.

2.4 INFLUBLE reserves the right, at its sole discretion, to change, modify, add or remove all or any part of these Terms, at any time without any prior notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, INFLUBLE grants you a non-exclusive, nontransferable, limited privilege to access and use the Website.

2.5 The Website may contain areas or services in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.

3 . MEMBERSHIP ELIGIBILITY

3.1Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. INFLUBLE reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to INFLUBLE’s notice or if it is discovered that such person is not eligible to use the Website.

4 . OPENING AN ACCOUNT

4.1In order to use the INFLUBLE Platform, Influencers must register an account via the INFLUBLE Platform in the manner required and as set out in these Terms of Use (“Influencer Account”) and Brands must register an account via the INFLUBLE Platform in the manner required and as set out in these Terms of Use (“Brand Account”).

4.2In order to use the Website, as part of the registration process, you will be required to provide certain information and details, including an e-mail id and any other information deemed necessary by INFLUBLE (“Account”). You hereby acknowledge that you will be fully responsible for all activities that occur under your Account.

4.3 While registering with the Website to use the Website, you shall not:

4.3.1.create an Account for anyone other than yourself, unless such person’s prior permission has been obtained;

4.3.2. use an Account that is the name of another person or company or brand with the intent to impersonate that person or company or brand;

4.3.3. use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

4.3.4. create more than one Account on the Website.

4.4 . You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your Account. INFLUBLE and its affiliates / partners are not liable for any harm caused by or related to the theft of your ID, disclosure of your Account/ account information by you or your authorization to allow another person to access and use the Website using your Account. However, you may be liable to INFLUBLE and its affiliates / partners for the losses caused to them due to such unauthorized use. In case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to INFLUBLE. Any response from INFLUBLE regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the Account at the end of each session.

4.5 . You shall ensure that the account information provided by you is complete, accurate and up-todate. In case you wish to update or correct the information provided by you, you may do so by visiting “Edit Profile” section on the Website, or by writing to INFLUBLE at hey@supporthives.com. Furthermore, if you wish to remove your profile from the Website, you may do so by writing to INFLUBLE at hey@influbleanalytics.com.

4.6. Use of another user’s account information for using the Website is expressly prohibited.

4.7. You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if INFLUBLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, INFLUBLE shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

4.8. The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. INFLUBLE reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.

5 . TERMS AND CONDITIONS OF THE WEBSITE :

5.1 . The INFLUBLE Platform allows Brands to create Influencer Marketing Campaigns, which are then shared with Influencers. Influencers can respond to a Campaign by fulfilling the tasks mentioned, creating Content and submitting it to the relevant Brand for approval. Influencers earn monetary compensation or receive products in barter when:

5.1.1. The Influencer fulfils the tasks mentioned in the campaig

5.1.2 . In relation to Influencer Marketing Campaigns, a Brand approves a Post and the Post is published to the Influencer’s Community via his or her Channels, as selected; or

5.2 . The relevant Brand is solely responsible for reviewing and approving all Content and Posts that form part of their Campaign and for the payment of the applicable Fee or incentive to Influencers, nor is INFLUBLE liable in any way for Content or Post. These Terms of Use shall apply to all transactions conducted through the INFLUBLE Platform.

5.3 . Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the INFLUBLE Platform. Without limiting any other rights or remedies available to INFLUBLE, any attempt to circumvent the INFLUBLE Platform may result in removal from the INFLUBLE Platform at INFLUBLE‘s sole discretion.

5.4 . You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the INFLUBLE Platform to a human perceivable form; distribute or republish any element of the INFLUBLE Platform in any way; resell, rent, lease or lend any element of the INFLUBLE Platform; defeat, disable or circumvent any security feature of the INFLUBLE Platform; or transfer any element of the INFLUBLE Platform to any third party.

5.5 .You are solely responsible for your interactions with other users of the INFLUBLE Platform. You agree that INFLUBLE is not responsible for the conduct of any user.

5.6 . You must not engage in crawling, scraping, caching or otherwise accessing any content on the INFLUBLE Platform via automated means, except with INFLUBLE‘s written consent.

5.7. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between INFLUBLE and any user.

5.8. The INFLUBLE Platform may also utilize social network or share functionality and may contain social media links, applications or features (including but not limited to Instagram, Facebook, Twitter, Youtube and Snapchat). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms of use. By using any social media applications or features on the INFLUBLE Platform, you consent and agree to be bound to the particular terms of use of the social media platform. You also acknowledge and consent to the INFLUBLE Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms of use of each social media platform before engaging or interacting with the social media links, applications or features on the INFLUBLE Platform. The INFLUBLE Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

5.9. You acknowledge and understand that you are solely responsible for content you upload, post, publish, transmit or otherwise make available on your social media channels or the Website, subject to these Terms (“User Content”). You hereby undertake that while posting any User Content you shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any User Content that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986. You agree that for such posts, INFLUBLE shall also be entitled to take all action available to it, including black-listing or blocking you from using the Website.

5.10 . User Content provided by the relevant Influencer or Brand, as applicable, is not moderated, approved or endorsed by INFLUBLE. Accordingly, no User Content constitutes a representation by INFLUBLE, nor does INFLUBLE accept any liability for the legality, validity, accuracy or suitability of any content provided by Influencers or Brands. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to INFLUBLE directly, or if advised by INFLUBLE, by contacting the relevant Influencer or Brand directly. You agree that INFLUBLE is not responsible for, and does not endorse, any Content posted using the INFLUBLE Platform. INFLUBLE does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.

5.11 . INFLUBLE may review your conduct for compliance purposes, but shall have no obligation to do so. Accordingly, INFLUBLE shall have the right, but not the obligation, to monitor access to or use of the Website to ensure your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion. INFLUBLE further reserves the right to remove any User Content from the Website for any reason, without prior notice to you.

5.12 . INFLUBLE does not claim ownership of any User Content that you post on or through the social media channels for a particular Campaign.

5.13 . Subject to these Terms and the Privacy Policy, you hereby grant INFLUBLE a, perpetual, nonrevocable, royalty-free and sub-licensable right and license to use your identify and post performance and copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by INFLUBLE in any form including but not limited to print, broadcast, online and across any and all websites owned by INFLUBLE, any and all platforms owned by INFLUBLE on any social media channel including but not limited to Instagram, Facebook, Tiktok, Youtube and Twitter

5.14 . You represent and warrant that (i) you own the User Content posted by you on your social media channels and subsequently posted on the Website in accordance with these Terms or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you have obtained all relevant consents and approvals in order to post any User Content; and (iii) the posting and use of your User Content on the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You further represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.

5.15 . In case a third party or content of a third party appears in the User Content, you confirm that you have obtained prior consent of such third party before uploading or posting such User Content and are legally entitled to post the material and to grant Influble all of the rights granted herein. You further agree that you shall indemnify INFLUBLE against any and all claims raised by such third party with respect to the User Content.

5.16 . Other than its security obligations under these Terms and the Privacy Policy, INFLUBLE assumes no responsibility or liability for your User Content, and you shall be solely responsible for your User Content and the consequences of using, disclosing, storing, or transmitting it. INFLUBLE is not responsible in anyway whatsoever for what you choose to do with the User Content. You further understand that Influble does not guarantee any confidentiality with respect to any User Content you submit to us.

5.17. Following termination or deactivation of your account, or if you remove any User Content from the Services, the licenses you have granted herein shall expire within a commercially reasonable period of time. However, we may retain your User Content for backup, archival, or audit purposes indefinitely.

5.18 . You shall not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your User Content, including but not limited to, copyright laws.

5.19 . The provision of services on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. INFLUBLE strives to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and INFLUBLE isn’t liable for any disruption or loss you may suffer as a result.

5.20 . INFLUBLE may discontinue some or all of the services provided on the Website, including certain features and the support for certain devices and platforms, at any time.

5.21 . INFLUBLE shall not be held liable for any loss of data, technical or otherwise, information, particulars supplied by you, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of INFLUBLE and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of INFLUBLE and which INFLUBLE is not able to overcome.

5.22 . INFLUBLE and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by INFLUBLE and the relevant Influencer and Brand before publication.

5.23 . ADDITIONAL TERMS FOR applicable only to INFLUENCERS participating in the INFLUBLE Platform

5.23.1. Influencer Eligibility

1. Have at least 1000 followers on the Influencer’s Channels;
2. Influencer’s Channels must be public (viewable by anyone);
3. have at least 20 post;
4. Influencer’s Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform of the Influencer’s Channels.

5.23.2. If you do not meet the minimum standard in condition 5.23.1 above, you may not be able to participate in Campaigns or access the full functionality of the INFLUBLE Platform.

5.23.3. In order to submit a Post, an Influencer must connect their Instagram account, Twitter account, Facebook Page or other social media account in the manner required.

5.23.4. Posts and Paid Content must adhere to the requirements contained in these Terms of Use, the Rules and Guidelines and any additional requirements imposed by Brands as part of a Campaign and advised to Influencer at the time of submitting the Post for approval (Dos and Don’ts). Posts which do not comply with this condition may be removed from the INFLUBLE Platform at INFLUBLE‘s absolute discretion.

5.23.5. When required by law, influencers must clearly disclose in sponsored Posts their relationship with the Brand. INFLUBLE requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #advertisement, #sponsored or #ad or through other means suitable to your particular circumstances, Community and Channels. INFLUBLE reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at INFLUBLE‘s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the INFLUBLE Platform.

5.23.6.You warrant, in respect of each Post and all Paid Content you upload to the Application, submit to a Brand for approval, or publish to a Channel via the INFLUBLE Platform, that:

1. the relevant Post or Paid Content does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
2. any and all opinions and views stated in the relevant Post or Paid Content are genuinely held by you;
3. and any and all statements in the relevant Post or Paid Content regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify INFLUBLE if your opinion of the Brand changes from that which you have expressed to date;
4. the relevant Post or Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
5. the relevant Post or Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
6. if you are a member of any guild, union or industrial organization, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
7. if the relevant Post or Paid Content contains images or references to third parties or third party property, including music, that the third party (or third party property owner) has been informed and agrees in writing that such images, property or references may be included in the Post or Paid Content and used by INFLUBLE, the Brand or any other third party in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting INFLUBLE, the Brand or any other third party; and
8. the use of the Post or Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and INFLUBLEwill not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.

5.23.7. You acknowledge and agree that the Brand and INFLUBLE has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by INFLUBLE or the relevant Brand to the Post, subject to compliance with these Terms of Use and the Rules and Guidelines. You also acknowledge and agree that if you post an incorrect Post, the Brand or INFLUBLE may request that you post the correct approved Post and that you will immediately comply with such a request.

5.23.8. You acknowledge and agree that the Brand and INFLUBLE has the right at any time to request that you remove any approved Post from you Channels and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Post Fee in accordance with these Terms of Use.

5.23.9. In consideration of Payment of the Post Fee, the Influencer agrees to grant to the brand (and its agents) in respect of each and every Post:

1. the right to organically share, comment upon and organically re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring on the thirtieth day after the Post was first published; and
2. the right to use the Influencer’s Identity and performances in the Post and to communicate the post to the public and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media

5.23.10 . As an Influencer, you agree that you will not:

1. delay posting your Post after the Brand has given its approval to your Post and you must publish your approved Post no later than 48 hours after receiving notification of the Brand’s approval (unless the Brand stipulates a different timeline);
2. for a period of five (5) hours after a Post is published, post, share, repost any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
3. remove the Post from your Channels for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
4. edit any approved Post before or after it has been published other than in accordance with these Terms of Use;
5. parody, disparage, give any adverse comment or make fun of the Brand or its products of services generally in any way;
6. create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; and
7. grant any further rights in a Post to a Brand without the written permission of INFLUBLE and appropriate fees being negotiated on a reasonable basis. INFLUBLE will charge a reasonable service fee for negotiating any use extensions between you and a Brand; and
8. accept or attempt to negotiate with a Brand more than one Post per Post Fee.
9. You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and INFLUBLE and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and INFLUBLE.

5.23.11. Influencer Relationship with INFLUBLE and the Brand

1. As an Influencer, you will at all times perform your obligations and provide Content or Posts to INFLUBLE and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither INFLUBLE nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either INFLUBLE or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
2. You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, INFLUBLE or any their respective successors or licensees. You hereby release the Brand, INFLUBLE and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.
3. You acknowledge that INFLUBLE has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
4. You agree that you (and your agents) will not negotiate terms or payment from Brands outside the INFLUBLE Platform. Any attempt to circumvent the INFLUBLE Platform may result in the removal of you from the INFLUBLE Platform in INFLUBLE’s sole discretion.

5.23.12. Barter & Content only campaigns

5.24. ADDITIONAL TERMS FOR BRANDS

5.24.1. To register a Brand Account, you must create a Brand Account in in the manner required, including providing your full name, email address, telephone number and password, and providing payment details where requested. You will not be charged to create a Brand Account.

5.24.2. INFLUBLE may, at its sole discretion, implement/change the minimum spend for Brand Accounts.

5.24.3. You agree not to misrepresent or impersonate any brand, company or individual while using the website or creating a campaign. Further, you agree to indemnify Influble entirely against any such claims raised against Influble due to your usage of the website.

5.24.4. Brand agrees to grant in respect of all Content uploaded to the INFLUBLE Platform as part of a Campaign:

1. to grant to INFLUBLE (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting INFLUBLE (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
2. with respect to Influencer Marketing Campaigns, to grant to the relevant Influencer, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to post, share, comment upon and re-post the relevant Content across their Channels as part of any approved Post in accordance with these Terms of Use and the House Rules.

5.24.5. With respect to Influencer Marketing Campaigns, Brand acknowledges and agrees that the Brand’s use of any Post is strictly conditional upon payment of the Fees and then only in accordance with these Terms of Use.

5.24.6. With respect to Content Only Campaigns, Brand acknowledges and agrees that the Brand’s use of any Paid Content is strictly conditional upon payment of the Paid Content Fee.

5.24.7. INFLUBLE has the right to cancel, suspend, restrict services to and/or terminate a Brand’s account if INFLUBLE believes (in its sole discretion) that the Brand is not using the INFLUBLE Platform in a fair and reasonable way, or are attempting to use the INFLUBLE Platform in a way which does not treat the Influencers or the INFLUBLE Platform in a fair and reasonable way and/or in accordance with the purposes for which the INFLUBLE Platform were intended.

5.24.8. INFLUBLE in its sole discretion reserves the right to reject Campaigns.

5.24.9. You agree that you will not negotiate terms or payment to Influencers outside the INFLUBLE Platform. Any attempt to circumvent the INFLUBLE Platform may result in the removal of the Brand from the INFLUBLE Platform in INFLUBLE’s sole discretion. Each Post shall have a Post Fee and all Paid Content shall have a Paid Content Fee, and Brands and Influencers may not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate multiple Posts or Paid Content for Post Fees or Paid Content Fees.

5.24.10. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Brand and the Influencer. Such attempts may result in Brand being immediately removed from the INFLUBLE Platform.

5.24.11. If the Brand fails to pay the Fees in accordance with these Terms of Use or as otherwise agreed by INFLUBLE in writing, the Rights License is automatically terminated and the Brand must immediately cease use of the applicable Paid Content.

5.24.12. You warrant that:

1. you own the Intellectual Property Rights in Content you upload to the INFLUBLE Platform and have the right to license the Content to INFLUBLE and Influencers in the manner set out in these Terms of Use; or
2. you have the right to license the Content to INFLUBLE and Influencers in the manner set out in these Terms of Use; and
3. you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
4. any Content you upload to the INFLUBLE Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; and
5. where the Paid Content or Posts include Third Party Material, you will strictly comply with any use limitations notified to you in respect of the Third Party Material and will obtain all licenses required for your intended use of the Post or Paid Content prior to use of such Post or Paid Content, including obtaining any licenses required with respect to Third Party Material.
6. 5.24.13. In the event an Influencer meets the requirements outlined in a Campaign and you approve the Post, you will not deny Payment to INFLUBLE for the Content or Post. INFLUBLE will make payment of the Fee to the Influencer within 7 days of Post approval & Post submission on social media or completion of the tasks, unless the Influencer has otherwise breached these Terms of Use or the Rules and Guidelines. INFLUBLE is not responsible for identifying any breach of these Terms of Use or the Rules and Guidelines by an Influencer.

5.24.14. Brand agrees that INFLUBLE is not responsible for any aspect of the Brand’s Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees that INFLUBLE is not responsible or liable for the content of any Post.

5.24.15. Brand acknowledges that Influencers are independent third parties and not directly controlled by INFLUBLE. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that INFLUBLE has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.

5.24.16. You acknowledge that INFLUBLE has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.

6. CHARGES

6.1 . Registration on INFLUBLE is free. INFLUBLE does not charge any fee for browsing but there are applicable charges for using its services, subscribing and buying content on INFLUBLE. In addition, INFLUBLE reserves the right to charge fee and change its policies from time to time. In particular, INFLUBLE may at its sole discretion introduce new services and modify some or all of the existing services offered on the INFLUBLE. In such an event INFLUBLE reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on INFLUBLE. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to INFLUBLE.

6.2 . We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, or for Incorrect charges levied due to any technical error.

7 . Payment

7.1 . Influencer compensation

7.1.1.In relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the Influble platform in the manner required or submit the link within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. Influble merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the Influble Platform remains your responsibility.

7.1.2.Before receiving any Payments, you will be asked to provide financial details including your nominated bank account or Paytm account details. After an approved Post is published, or Paid Content is accepted by a Brand, you will be entitled to be paid the Post Fee, subject to your compliance with these Terms of Use and the Rules and Guidelines. If you do not comply, you will not be paid. It is your responsibility to notify Influble in the event that you are registered for and liable to pay GST as applicable, and to keep Influble up to date with your registered GST details as applicable. Influble will pay the Post Fee into your nominated bank account or PayPal account (as supplied by you via the Influble Platform in the manner required) on behalf of the Brand by approximately 7 days after the Task assigned have been completed or the approved Post has been published on social media and payment from the Brand has been received. No payments other than the Fee are payable in respect of each approved Post or Content. You are responsible for the accuracy of your nominated bank account or PayPal account details. Bank or PayPal fees may apply at your expense.

7.1.3.You acknowledge and agree that the relevant Brand, not Influble, will be solely liable for Payment of the applicable Post Fee for the approved Post. Influble merely facilitates such Payment on behalf of the Brand and, while Influble may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does Influble accept liability for Payment of the Fee. You agree that you will not pursue any actions, legal or otherwise, against Influble for any non-payment, and that this provision constitutes a bar to any such proceedings

7.2 . Payment Terms for Brands

7.2.1.You agree to pay Influble all fees and charges made to your Brand Account for agreed Post Fees and use of the Influble Platform, in accordance with these Terms of Use.

7.2.2.You must pay all charges in the manner set out in the INFLUBLE Platform or as otherwise advised by INFLUBLE in writing from time to time. If no manner for payment is stated, the payment must be made via the payment portal provided by Influble.

7.2.3.Brands will be required to pay in full the Post Fees of the influencer, Influble service charges and any other charges, before starting any work with the influencer. This amount will be securely held by Influble and will only be released to the influencer after the approval of the influencers post. Incase of any discrepancies or concerns with the post, Influble’s decision will be final and binding on both the Influencer and the Brand.

7.2.4.After submission of the post by the Influencer on the Website, Brands will have 24 hours to raise any concerns or issues with the post on the website. In case no concerns are raised, Influble will deem the post appropriate in accordance to these Terms and the specific terms mentioned in the campaign and will automatically approve the post and initiate the payment.

7.2.5.If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than Rs. 1000.00 per month. We also reserve the right to remove your access from the Influble Platform. You may also be liable to pay interest on any amount outstanding on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Influble Platform or to suspend or terminate any current Campaigns.

8. RETURN OF MATERIALS

8.1 . Unless otherwise instructed by INFLUBLE, all categories of the Website users participating in Campaign shall return the goods, materials, equipments, devices or any other thing provided to them by INFLUBLE (“Materials”) for use in the Campaign.

8.2 . The Materials shall be returned by the users within 7 (Seven) days from the end of the Campaign, to the person designated by INFLUBLE OR directly to the brand in good condition without any damage and/ or loss caused to the Materials.

8.3 . In case there is any damage and/ or loss caused to the Materials due to an act or omission of the Website user, the user shall forthwith upon demand by INFLUBLE without protest, pay the amount equal to the value of the Material in question to INFLUBLE.

9. USE OF THE WEBSITE

9.1 You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

9.1.1. belongs to another person or entity and to which you do not have any right.

9.1.2 . is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

9.1.3. is misleading in any way.

9.1.4 . involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

9.1.5. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.

9.1.6. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.

9.1.7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.

9.1.8. engages in commercial activities using the Website (other than that intended under these Terms) without INFLUBLE’s prior written consent.

9.1.9. interferes with another user’s use of the Website.

9.1.10. refers to any website or URL that, in INFLUBLE’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

9.1.11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

9.1.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

9.1.3. violates any law for the time being in force.

9.2 You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

10 . FEEDBACK

10.1.The Website may allow you to post your review and experience of using the Website (“Reviews“) in order to improve the Website and the user experience.

10.2 . You, being the originator of the Reviews, are responsible for the Reviews that you upload, post, publish, transmit or otherwise make available on the Website. You represent that all such Reviews will be in accordance with applicable law. You acknowledge that INFLUBLE is not responsible or liable for any Reviews. INFLUBLE reserves the right to disable access to the Reviews on the Website.

10.3 . You hereby grant INFLUBLE a perpetual, non-revocable, worldwide, royalty-free and sublicensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Reviews in any manner as deemed appropriate by INFLUBLE in any form including but not limited to print, broadcast, online and across any and all websites and platforms owned by INFLUBLE.

13 . LINKS TO THIRD PARTY WEBSITES

13.1 The Website may contain links and interactive functionality interacting with the websites of third parties. INFLUBLE is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, INFLUBLE strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information sharing functions of each such third-party website.

14 . COMMUNICATIONS

14.1 When You use the Website or send emails or other data, information or communication to INFLUBLE, You agree and understand that You are communicating with INFLUBLE through electronic records and You consent to receive communications via electronic records from INFLUBLE periodically and as and when required. INFLUBLE may communicate with You by email or by such other mode of communication, electronic or otherwise.

15 . REPRESENTATIONS

You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.

16 . LIMITATION OF LIABILITY

You hereby acknowledge that INFLUBLE shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. INFLUBLE shall also not be liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. INFLUBLE shall not be liable under any circumstances for damages arising out of or in any way related to services and/or information offered or provided by third-party vendors accessed through the Website.

INFLUBLE shall not be liable for any action taken against you by the brand owners as a result of any breach of these Terms or any brand guidelines issued by the respective brand owners. You acknowledge that you shall be solely responsible for any such breach.

17 . DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY INFLUBLE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. INFLUBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. INFLUBLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. INFLUBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, INFLUBLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

18 . INDEMNIFICATION

You shall indemnify and hold harmless INFLUBLE, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

19 . CONTENT AND INTELLECTUAL PROPERTY RIGHTS

1. INFLUBLE solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Website and its Contents and is protected under Indian law.
2. You hereby acknowledge that the Website and its Contents constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by INFLUBLE and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of INFLUBLE and such others. You thereby agree to protect the proprietary rights of INFLUBLE during and after the term of these Terms. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for the purpose intended by these Terms.
3. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

20 . TERMINATION OF ACCESS TO YOUR ACCOUNT

1. The Account can be terminated at any time by:
   1. You; by ceasing to use the Website.
   2. INFLUBLE; in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of the Website. You acknowledge that the termination of services may be affected without any prior notice, and INFLUBLE may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website. Further, you agree that INFLUBLE shall not be liable for any discontinuation or termination of services by any third party.
2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

21 . PRIVACY POLICY

As elaborated under the Privacy Policy, INFLUBLE will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. INFLUBLE acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. INFLUBLE shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality. If you object to your information being transferred or used, please do not use the Website.

22 . GOVERNING LAW

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India.

23 . ASSIGNMENT

It is expressly agreed by the parties that INFLUBLE may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.

24. GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Marc Chaudhary

Address: 1301 Wing B Ridhi Sidhi Heights Yashwant Nagar Road Goregaon West Mumbai Mumbai City MH 400104 IN.

E-mail: marc@supporthives.com

If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

25 . HOW TO CONTACT US

If you have questions or concerns about these Terms, please contact Influble at hey@supporthives.com