CHTRBOX INFLUENCER TERMS OF SERVICE

This page describes the terms on which you may access Chatterbox Technologies Pvt Ltd (“Chtrbox”) website and related services (“Terms”). They apply to your use of our website or any related applications (including mobile phone applications) (collectively referred to as the “Platform”). By accessing or using the Platform or by clicking a box that states that you accept or agree to these Terms, you agree that you have read and agree to be bound by these Terms. It is therefore important that you read these Terms carefully. If you do not agree to this Agreement, or do not meet the qualifications included in this Agreement, Chtrbox is not willing to provide you with access to or use of the Platform and you must not access or use the Platform or any Information.

We may from time to time update or change these Terms.

1. About The Platform

1.1. The Platform and the content and services available from it, is owned and operated by Chatterbox Technologies Private Limited “Chtrbox”. Its registered office is at 101, VIP Plaza, Veera Desai Industrial Estate, Andheri West, Opposite infinity mall, Mumbai - 400053.

1.2. The terms “Chtrbox”, “we” and “us” on this page refer to Chatterbox Technologies Private Limited.

1.3 You agree that Chtrbox as well as The Platform are mediums to connect with branded and sales opportunities from brands, agencies and advertisers, and that signing up on The Platform does not guarantee any outcomes.

2. Platform Usage

a. You have a non-exclusive, non-transferable, worldwide and revocable right to use the Platform in accordance with the terms defined below:

b. By using the Platform, you agree that Chtrbox has the right as an intermediary to use your likeness, profile and social media statistics in communications with Chtrbox clients. In the case your profile is selected and you will then have the option to consent to the additional terms and conditions for the specific campaign. If any applicable compensation, it will be routed by Chtrbox unless otherwise communicated.

3. Appropriate Content & Data Guidelines

a. You understand and acknowledge that You are specifically responsible for all Content and Data you share, upload or input to the Platform under your account. Keep your password confidential as You are solely responsible for all activities that happen on your Chtrbox account associated with your email ID.

b. You understand and take liability that all Content and Data you share, upload or input is in compliance with applicable laws, and that You have express ownership and/or written permission to claim it as your own. Furthermore, You warrant You are not infringing on any third party copyrights without express permission.

c. You bear responsibility and any liability relating to omissions, mistakes or wrongly claimed Content and Data that you share, upload or input to the Platform. You agree to indemnify Chtrbox and any Brand Client of Chtrbox in each instance where any claim is made due to Content or Data shared by you. This includes misrepresentation of Your social media insights and engagement rate or any fraud that You have committed to improve your social media insights (including follower count) or engagement.

d. You confirm that You own any social media channel that You add to your account details on the Platform.

e. You understand and acknowledge the right that Chtrbox has to share any Content or Data shared by You on the Platform to share with a third party advertiser, for any purpose.

f. You understand and represent that you will not upload to the Platform the following:

g. If You authorize Chtrbox to receive data from a third party (such as a social media platform), You understand and consent to the data being shared as per the third party. (Specifically, if you link your YouTube channel to our platform, some relevant terms from Google are here)

For the sake of clarity, “Content and Data” is defined as any personal information, social media or social messaging content submissions, content analytics, or any other information You input or upload to the Platform or representation You make about Yourself to Chtrbox. Any violation of these Content and Data Guidelines is subject to removal from the Platform, reporting to authorities, and further action if required.

4. IP Rights

a. You grant Chtrbox a worldwide, non-exclusive, royalty-free license to use, reproduce or distribute that any of the Content and Data (except for phone number and email address) you submit through the Platform on any other medium for the purposes of promoting Chtrbox, Chtrbox clients’ work, or to help Chtrbox clients and potential clients understand the type of outcomes coming from Chtrbox. All intellectual property rights to the Platform belong to Chtrbox or its licensor.

b. No information, content or material from Chtrbox or the Platform or website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without an authorized Chtrbox written permission.

c. You warrant that You have the necessary rights and ownership of the Content and Data You submit to the Platform to be able to grant this license to Chtrbox; and that You are not using any third party content that violates copyrights.

d. You warrant that Your Content abides by the local laws from where You are based. You agree to comply with all local laws regarding consumer protection and influencer marketing. Chtrbox is not responsible for any violations of local laws. (For example, if your jurisdiction requires You to put a marketing disclosure in your content, then You are under the responsibility personally to ensure that disclosure happens.)

e. In the instance that You have submitted Content and Data to the Platform, or post to Your social media on behalf of a Chtrbox client campaign and the Content and Data does not belonging to You, You are responsible for all liabilities (including but not limited to payments for settlements, damages, legal fees) arising from Your infringement. Chtrbox is in no way responsible for the IP rights of the Content You share with Chtrbox or on Your social media. You agree to indemnify Chtrbox for any third party claim (including from a Chtrbox client) arising from Your illegal usage of Content and Data on the Platform and Your social media as a result of a Chtrbox client campaign.

f. You may not use or reproduce the Chtrbox name “Chtrbox” “Chatterbox Technologies Private Ltd” or logo for any purpose without written permissions.

g. For the sake of clarity, Chtrbox owns or is the authorised licensee of all intellectual property rights in and to the Platform including intellectual property rights in the content published or uploaded on the Platform by us (other than the Content and Data shared by You, subject to the license granted herein).

5. Liability

a. You are exclusively responsible for all Content and Data that You create or distribute or upload in connection with these Terms. You guarantee any Content and Data in relation to these Terms are in compliance with applicable laws. You will bear sole liability or any error or claim arising due to your Content or Data. Chtrbox will not bear any liability for any such claim.

b. Chtrbox does not accept any liability for error or omission on the Platform, including, any third party sites linked to the Platform. You agree that Chtrbox or any of its employees, stakeholders or Clients, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links posted by you, other users, or third parties onto the Platform. You also agree that Chtrbox, stakeholders or Clients are not responsible for the content or availability of third party websites and/or mobile applications linked to or referenced on the Platform.

c. You agree that Chtrbox, stakeholders or Clients shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content or on the goods or services available on or through any such websites and/or mobile applications or any other matter relating to Chtrbox. Any material downloaded or otherwise obtained through the Platform is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

6. Indemnity

a. You agree to indemnify and hold Chtrbox, its directors, representatives, employees and contractors, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Platform, the breach of these Terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.

7. Termination

a. Chtrbox holds the right to suspend or terminate any user to the Platform, or take any action deemed appropriate for breach of these terms or inappropriate usage of the Platform.

b. You have the right to request termination and deletion of your data by sending an email denoting the same to hello@chtrbox.com

8. General

a. In the case of a Force Majeure event, Chtrbox is relieved from liability for the performance of obligations under this Agreement if an obligation cannot be kept, provided the circumstance prevents or significantly impedes the performance under this Agreement in a timely manner and that such circumstance is outside Chtrbox control. Qualified Force Majeure Events include but are not limited to new or amended legislation, labor disturbances, damage or destruction due to natural forces.

b. The laws of India will govern this Agreement and the same shall be subject to the exclusive jurisdiction of the courts in Mumbai.

c. If you need to give us notice, you must write to us at hello@chtrbox.com

d. If any provision of this Agreement is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.

You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking “Accept Terms & Conditions” or otherwise accessing The Platform.