Terms of Use

1. Definitions and interpretation

1.1 In these Terms, the following words have the meanings given below.

"Account" means the registration created by a User to access the Platform.

"Agreement" means a written arrangement between a Brand and a Creator that is drafted, versioned and accepted on the Platform in respect of a Campaign.

"Brand" means a business, organisation or individual acting for a business that registers to find Creators and run Campaigns, and includes its Team Members.

"Campaign" means a collaboration opportunity published by a Brand on the Platform.

"Creator" means an individual who registers to build a verified identity, connect a Social Account and apply to Campaigns.

"Data Protection Law" means the Digital Personal Data Protection Act, 2023, the rules made under it, and any other law in force in India governing personal data.

"Impact Score" means the niche specific, versioned score generated by the Platform from Measurements and other inputs.

"Measurement" means a data point collected from a Social Account and recorded by the Platform.

"Pass" means the Tatvata Pass, a record that the Platform issues in respect of an Agreement and that a third party may check at its public address.

"Social Account" means an account of a User on a third party social media service that the User connects to the Platform.

"Team Member" means an individual added by the owner of a Brand organisation to act within that organisation.

"Tatvata ID" means the permanent identifier issued by the Platform to a Creator.

"User" means any person who accesses or uses the Platform, including a Creator, a Brand, a Team Member and a visitor.

"User Content" means any information that a User submits, uploads, publishes, transmits or otherwise makes available through the Platform, including profile text, images, Campaign descriptions, proposals, Agreement terms, documents, feedback and concerns.

1.2 Headings are for convenience. "Including" means including without limitation. A reference to a statute includes it as amended or re-enacted.

2. Acceptance and electronic record

2.1 These Terms, the Privacy Policy, the DPDP Notice, the Grievance and Data Rights Policy, the Influencer Marketing and Disclosure Policy and the Ranking and Matching Notice together form the agreement between the User and the Company (the "User Agreement").

2.2 A User accepts the User Agreement by a clear affirmative act, such as selecting the acceptance control at registration. No box is pre selected. A User who does not accept shall not use the Platform other than to view the public pages.

2.3 The User Agreement is an electronic record for the purposes of the Information Technology Act, 2000 and does not require a physical or digital signature. The Company records the version accepted and the time of acceptance.

3. Eligibility

3.1 The Platform is offered only to persons who are eighteen years of age or older and competent to contract under the Indian Contract Act, 1872. A person under eighteen shall not register or use the Platform.

3.2 A person who registers for a Brand represents that they are authorised to bind that Brand to the User Agreement.

3.3 A User shall hold one Account for each role. A User shall not register using the identity of another person.

4. The Platform

4.1 The Platform provides tools to create a verified creator identity, to connect a Social Account, to receive an Impact Score, to discover and match Creators and Campaigns, to run applications and Agreements, and to issue and check Passes.

4.2 The Platform is in early access. Features may change, be limited or be withdrawn. The Company will give notice of a material change in accordance with clause 22.

4.3 The Platform depends on third party services. The Company does not warrant that a third party service will be available, and the Platform is designed to display the last confirmed data, with its age, when a third party service is unavailable.

5. Accounts and security

5.1 A User shall provide accurate and current information and keep it updated.

5.2 A User is responsible for all activity under their Account and for keeping credentials confidential. A User shall notify the Company promptly through the contact in clause 24 on becoming aware of unauthorised access.

5.3 The role of an Account is set at registration and is not changed by a request from the User. An Account for a Team Member is created by the owner of the Brand organisation, acts within that organisation, and may be deactivated by the owner, on which all access ends.

5.4 The Company does not permit self registration as an administrator.

6. Role of the Company

6.1 Intermediary. The Platform enables Users to publish and exchange User Content. The Company does not initiate the transmission of User Content, does not select the receiver, and does not select or modify the information transmitted, other than as the Platform's rules provide. The Company acts as an intermediary in respect of User Content and observes the due diligence set out in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the "Intermediary Rules").

6.2 Not a party. An Agreement is between the Brand and the Creator named in it. The Company is not a party to, and has no liability under, an Agreement.

6.3 No payment. The Platform does not collect, hold, transfer or guarantee any payment. Any compensation stated on the Platform is descriptive. Payment, if any, is arranged between the Brand and the Creator outside the Platform, and the Company has no responsibility for it.

6.4 No agency or employment. Nothing in the User Agreement creates a relationship of agency, partnership, employment or joint venture between the Company and a User, or between Users.

6.5 No guarantee of outcome. The Company does not guarantee that a Creator will be discovered, matched, shortlisted or accepted, that a Brand will find a suitable Creator, or that a Campaign will result in any outcome.

7. Third party platforms

7.1 Social Accounts. A Creator may connect a Social Account only by the authorisation flow of the relevant service. By connecting, the Creator authorises the Company to collect the data described in the Privacy Policy and the DPDP Notice. The Creator confirms that they own or are authorised to connect the Social Account.

7.2 Terms of the third party. Use of a Social Account remains subject to the terms of the third party service, including the Meta Platform Terms in the case of Instagram. A User shall not use the Platform in a way that breaches those terms. If a third party service revokes access, changes its terms or restricts data, the Company may limit or stop the related feature without liability.

7.3 Disconnection. A Creator may disconnect a Social Account at any time. Disconnection stops collection and removes the connection from the Creator's view. Retention of previously collected data is governed by the Privacy Policy.

7.4 Sign in. The Platform uses Firebase Authentication, provided by Google, for sign in by email, mobile number or Google account. The Privacy Policy describes the data involved.

8. Scores, verification, matching and Passes

8.1 Nature of a score. An Impact Score is an automated, versioned opinion of the Company computed from the inputs described in the Ranking and Matching Notice. It is not a statement of fact about a person, a guarantee of performance, a credit or financial assessment, or advice. A different version of the formula may produce a different score from the same data, and the Platform records the version used.

8.2 Scope. An Impact Score is always specific to a niche. It is not a general ranking of a Creator.

8.3 Verification layers. The Platform records separate verification layers. A layer records only what its description states. Identity verification is a manual decision by an administrator and is not a legal identity check, know your customer check or certification of any kind. No layer is a warranty by the Company about a User.

8.4 Integrity flags. The Platform applies rules to detect patterns that may indicate inauthentic activity. A flag is a prompt for review and not a finding of wrongdoing. A Creator may contest a flag or a score through the Grievance and Data Rights Policy, and the Company will consider the contest and give reasons.

8.5 Matching and discovery. The Company ranks and matches Creators by the parameters in the Ranking and Matching Notice. The Company does not accept payment for ranking and does not give differentiated treatment other than as that notice states.

8.6 Pass. A Pass records that, at the time of checking, an Agreement exists between the named Brand and Creator and is in the status shown. It does not certify the quality, legality or advertising compliance of any content or performance, and it is not an endorsement by the Company. A Pass can be suspended, revoked for cause, cancelled by a party or expire.

8.7 Automated processing and review. Scores, flags and matches are generated by rules operated by the Company. A User may ask for a human review through the Grievance and Data Rights Policy.

9. Campaigns, applications and Agreements

9.1 A Brand is solely responsible for the content and accuracy of each Campaign, including its deliverables, dates, compensation description, usage rights, exclusivity, disclosure requirements and documents.

9.2 A Creator applies by submitting a proposal. A Creator may submit one application to a Campaign. An application is an offer by the Creator and is not binding on the Brand until the Brand accepts.

9.3 When a Brand accepts an application the Platform creates a draft Agreement. The Brand drafts each version of the Agreement. A version, once created, is not edited, and a change is a new version. An Agreement takes effect only when both parties have accepted the same current version, and acceptance is recorded against that version.

9.4 The usage rights text in a Campaign or an Agreement is stored as written. A template offered by the Platform is a general starting point and is not legal advice. The Company makes no statement that any text is sufficient for the purposes of the Brand or the Creator, and each party should obtain its own advice.

9.5 A Brand and a Creator may each raise a concern about an Agreement. The Company may review a concern and may record an outcome. The Company is not an arbitrator of the parties' rights and its review does not determine any claim between them.

9.6 After an Agreement is completed, either party may give feedback about the other. Feedback shall be honest, based on actual experience, and lawful. The Company may remove feedback that breaches the User Agreement. A person who is the subject of feedback may dispute it through the Platform and the Company may review the dispute.

9.7 An administrator of the Company may, for the reasons in clause 14, end a Campaign, cancel or terminate an Agreement, or suspend or revoke a Pass.

10. User Content

10.1 Ownership. As between the Company and the User, the User retains ownership of User Content.

10.2 Licence to the Company. The User grants the Company a non exclusive, worldwide, royalty free licence, for the period the User Content is on the Platform and for the retention periods in the Privacy Policy, to host, store, reproduce, display, adapt for formatting, and transmit User Content, in each case only to operate, secure and improve the Platform and to perform the User Agreement.

10.3 Public and shared content. A Creator may choose to publish a public profile. A Brand may choose to publish a Campaign. Content so published is visible to the public as the Platform's controls indicate. Documents attached to a Campaign are private to the persons the Platform specifies and are not made public by publishing the Campaign.

10.4 Representations. A User represents that they have all rights necessary to submit User Content and to grant the licence, that User Content is accurate, and that it does not breach Schedule 1.

10.5 Responsibility. Each User is solely responsible for their User Content. The Company does not review User Content before it is published and does not endorse it.

11. Acceptable use

11.1 A User shall not host, display, upload, modify, publish, transmit, store, update or share any information that is described in Schedule 1.

11.2 A User shall not obtain or attempt to obtain access to another User's Account or data. A User shall not interfere with the security or operation of the Platform, or scrape, harvest or extract data by automated means other than through an interface the Company provides. A User shall not reverse engineer the scoring or matching rules by systematic probing, supply false, inflated, purchased or manipulated metrics, followers, views or engagement, use the Platform to circumvent a Brand's or a third party's lawful restrictions, or use the Platform for any unlawful purpose.

12. Compliance with advertising law

12.1 Brands and Creators are each responsible for compliance with the law applicable to advertising and endorsement, including the Consumer Protection Act, 2019 and the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, and shall observe the Advertising Standards Council of India's Guidelines for Influencer Advertising in Digital Media.

12.2 Content that is published under an Agreement shall carry a disclosure of any material connection between the Brand and the Creator, in the manner set out in the Influencer Marketing and Disclosure Policy.

12.3 The Company does not review content for advertising compliance and the use of a Pass or any verification layer is not a representation that content is compliant.

13. Intellectual property of the Company

13.1 The Platform, its software, design, the Tatvata name, logo and marks, the Impact Score method, and all content the Company supplies are owned by the Company or its licensors. No right is granted other than the limited right to use the Platform under the User Agreement.

13.2 A User who gives the Company a suggestion or feedback about the Platform grants the Company a perpetual, royalty free licence to use it without obligation.

14. Suspension, termination and the consequences of non compliance

14.1 The Company may immediately terminate or suspend a User's access, and may remove or disable access to non compliant information, or both, if the User does not comply with the User Agreement, if the Company is required to do so by law or by an order, or if the Company reasonably believes the Account is used to commit an unlawful act.

14.2 A User who breaches the User Agreement in respect of information that contravenes any law in force may be liable to penalty or punishment under the Information Technology Act, 2000 or any other applicable law.

14.3 Where a violation relates to an offence that the law requires to be reported, the Company will report it to the appropriate authority in accordance with that law.

14.4 A User may close their Account at any time by the procedure in the Privacy Policy. Closure does not affect rights accrued, and the Company may retain information as the Privacy Policy and the law require.

14.5 Clauses that by their nature continue shall survive termination.

14.6 This clause is the information that rule 3(1)(c) of the Intermediary Rules requires the Company to give to Users at least once every three months. The Company gives it by an in product notice as well as by publication here.

15. Notice and takedown, and grievances

15.1 A person who considers that information on the Platform breaches the User Agreement or the law may complain to the Grievance Officer in accordance with the Grievance and Data Rights Policy.

15.2 The Company acts on an order of a court or on a reasoned written intimation of an authorised officer within the time the Intermediary Rules prescribe, as set out in that policy.

16. Privacy and data protection

16.1 The Company processes personal data in accordance with the Privacy Policy and the DPDP Notice. A User consents to that processing only to the extent that notice and consent are required and given, and may withdraw consent as the DPDP Notice describes.

17. Fees

17.1 The Platform is provided without charge during early access. The Company may introduce fees. It will give notice in accordance with clause 22 before any fee applies to an existing User and will not charge a User who has not agreed to the fee.

18. Disclaimers

18.1 To the fullest extent permitted by law, the Platform is provided on an "as is" and "as available" basis. The Company disclaims all warranties not expressly stated, including warranties of merchantability, fitness for a particular purpose, accuracy of scores, uninterrupted operation and non infringement.

18.2 Nothing in the User Agreement excludes a liability that cannot be excluded under law.

19. Limitation of liability

19.1 To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, special or consequential loss, loss of profit, revenue, opportunity or goodwill, or loss arising from User Content, from the acts of other Users, from an Agreement, from reliance on a score or a Pass, or from the unavailability of a third party service.

19.2 The aggregate liability of the Company to a User for all claims arising from the User Agreement shall not exceed the fees paid by that User to the Company in connection with the matter that gave rise to the claim.

20. Indemnity

20.1 A User shall indemnify the Company, its directors, officers and employees against any loss, liability, claim and reasonable cost, including legal fees, arising from the User's breach of the User Agreement, the User's User Content, the User's breach of law including advertising law, or the User's dispute with another User.

21. Governing law and disputes

21.1 The User Agreement is governed by the laws of India.

21.2 The parties shall first try to resolve a dispute by written notice and good faith discussion for a reasonable period.

21.3 A dispute not so resolved shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue are Hyderabad. The language is English.

21.4 Subject to 21.3, the courts at Hyderabad have exclusive jurisdiction. This clause does not prevent a User from approaching a forum that the law gives them as of right.

22. Changes and notices

22.1 The Company may change the User Agreement. It will publish the new version with its effective date and give notice by an in product notice and, where it holds an address, by email, with reasonable advance notice before the change takes effect, for a change that adversely affects Users.

22.2 The Company will inform Users of the rules, the privacy policy and the user agreement, and of any change, at least once a year, and of the matters in clause 14 at least once every three months.

22.3 Continued use after the effective date is acceptance of the change, except where the law requires fresh consent, in which case the Company will ask for it.

22.4 A notice to a User may be given by a notice in the Platform or to the email address or mobile number on the Account. A notice to the Company shall be sent to the contact in clause 24.

23. General

23.1 Entire agreement. The User Agreement is the entire agreement on its subject matter.

23.2 Severability. If a provision is held unenforceable, the rest continues and the provision is enforced to the extent permitted.

23.3 Waiver. A failure to enforce a right is not a waiver.

23.4 Assignment. A User may not assign the User Agreement. The Company may assign it to an affiliate or to a successor of the business, with notice.

23.5 Force majeure. The Company is not liable for failure caused by an event beyond its reasonable control.

23.6 Language. The User Agreement is in English. Where it is offered in another language, the English text prevails to the extent the law permits.

24. Contact

Grievance Officer and data contact details are in the Legal and Contact Information page. Notices to the Company may be sent to [email protected] and to Sai Nagar, Old Hafeezpet, Hyderabad, Telangana 500049, India.

Schedule 1. Information that a User shall not host, share or publish

This Schedule gives effect to rule 3(1)(b) of the Intermediary Rules.

Each of the following is information that a User shall not host, display, upload, modify, publish, transmit, store, update or share.

1. Information that belongs to another person and to which the User does not have any right.
2. Information that is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, or that relates to or encourages money laundering or gambling, or promotes enmity between groups on grounds of religion or caste with the intent to incite violence.
3. Information that is harmful to a child.
4. Information that infringes any patent, trade mark, copyright or other proprietary right.
5. Information that deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates misinformation or information that is patently false and untrue or misleading in nature.
6. Information that impersonates another person, including by synthetic or altered audio, visual or audio visual material that appears real and depicts a person or event falsely.
7. Information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order, incites the commission of a cognisable offence, prevents investigation of an offence, or insults another nation.
8. Information that contains software virus or any other code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
9. Information that is in the nature of an online game or the promotion of an online game that is not a permissible online game under the law in force.
10. Information that violates any law for the time being in force.
11. Information that, in the context of the Platform, states an audience, engagement, qualification, registration, certification or partnership that is false, discloses another person's confidential Agreement terms or private documents without authority, or advertises a product or service whose advertisement is prohibited by law.

Schedule 2. Additional terms for Brands

1. Authority and accuracy. The Brand has authority to bind its organisation, and each Campaign is accurate, lawful and not misleading.
2. Substantiation. The Brand holds evidence to substantiate every claim it asks a Creator to make and shall give it to the Creator on request.
3. Disclosure instructions. The Brand shall state in each Campaign the disclosure the Creator must make and shall not instruct a Creator to omit or obscure a disclosure.
4. Review of content. The Brand shall call on a Creator to correct or remove content that does not comply with law or with the Influencer Marketing and Disclosure Policy.
5. Team Members. The owner of a Brand organisation is responsible for the acts and omissions of its Team Members.
6. Creator data. A Brand shall use information about a Creator obtained through the Platform only to evaluate and work with that Creator, shall keep it confidential, and shall comply with Data Protection Law in doing so.
7. Compensation. A Brand shall perform the compensation terms of an Agreement, which are outside the Platform.
8. Children. A Brand shall not publish a Campaign that is directed at children or that requires a Creator to market to children in a manner prohibited by law.

Schedule 3. Additional terms for Creators

1. Genuine connection. The Creator connects only a Social Account that the Creator owns or controls, and shall not transfer, rent or lend the Social Account or the Platform Account.
2. Authentic metrics. The Creator shall not purchase, inflate or manipulate followers, views, reach or engagement.
3. Genuine opinion. A Creator's endorsement shall reflect the Creator's genuine and reasonably current opinion and be based on adequate information about, or experience with, the product or service. A Creator shall not endorse what the Creator has not used or experienced where the law or the Influencer Marketing and Disclosure Policy requires such use or experience.
4. Disclosure. The Creator shall disclose every material connection with a Brand in the manner and place the Influencer Marketing and Disclosure Policy requires, and is responsible for that disclosure.
5. Qualifications. A Creator who gives advice on investment, banking, financial services, insurance, health or nutrition shall hold the qualifications and registrations the Influencer Marketing and Disclosure Policy lists and shall state them upfront.
6. Public profile. A Creator chooses whether to publish a public profile and what optional fields to show. The profile shows only the fields the Platform allows.
7. Performance. The Creator shall perform the deliverables of an accepted Agreement with reasonable skill and care and within the stated dates.