These Terms of Service set out the terms and conditions for use of https://graphy.com (the "Site"), the mobile application(s) (the "Application") and any features, subdomains, content (except as specified hereunder), functionality, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format (hereinafter collectively referred to as the "Platform" or "Graphy Platform").
These Terms of Service apply to all users of the Platform including without limitation, (i) visitors of the Platform, (ii) all registered users of the Platform (“Creator(s)”) (iii) all users (other than Creator's 'End-Users') who are engaged by a Creator and/or are given access, limited or otherwise, to a Creator's Page (defined below) by such Creator, including such Creator's employees (“Authorized Users”) and (iv) all visitors and registered users of a Creator's Page (“End-Users”); for ease of reference, 'Authorized Users' and 'End-Users' shall collectively be referred to as “Creator's Page Users”/ “Page Users”, where applicable.
Use of the terms “you”, “your”, or “User(s)” shall refer to the Creator(s) and all visitors of the Platform. Similarly, when we speak of “Graphy”, “we”, “us”, and “our”, we collectively mean Sorting Hat Technologies Private Limited - a company incorporated in India, Graphy INC - a company incorporated in the State of Delaware, USA, and their respective affiliates. Kindly refer to the “About Graphy Platform” section of the Agreement to know which of the aforesaid Graphy entities will your Agreement be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms of Service and/or other Platform Terms. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms of Service and/or other Platform Terms; if not here, then it will be provided in the relevant Platform Terms - when we refer to any such term in these Terms of Service, we will try and specify where in these Terms of Service and/or other Platform Terms you can find the meaning/definition.
A. About Graphy Platform:
Graphy Platform is owned by Sorting Hat Technologies Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India, and its corporate office at Park Plaza - XJJP+6R9, Indira Nagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038 (“Graphy India”). The Platform is managed and operated by Graphy India for Indian territory, and managed and operated by Graphy INC, a US corporation, having its registered office at Vistra (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA(“Graphy Inc”) in respect of territories outside India.
Accordingly, (i) if you are visiting / registering on the Platform from India, then, your Agreement shall be with Graphy India, and (ii) if you are visiting / registering on the Platform from any country outside India, then, your Agreement shall be with Graphy Inc.
Further, please refer to the “Country Specific Terms and Conditions” section of these Terms of Service to know the specific terms, if any, applicable to you depending on the above or your place of residence.
B. Platform Services:
Graphy Platform is an online service that provides a platform for Creators to create, design, upload, publish and sell content, including without limitation audio-visuals, audio, and electronic versions of written content directly to their End Users by enabling each Creator to create their own Page (defined below) in the form of sub-domains (hereinafter referred to as “Content”).
As a Creator, the Platform enables you to create Content using several features available on the Platform. Additionally, the Platform also provides various features to help Creators better communicate and interact with their End-Users, including an option to enable discussion forums between Creators and their End-Users. These features are available on each Creator's Page and Creators shall have the ability to enable or disable any such features for access by their respective End-Users.
For the purpose of the Platform Terms, usage of the term “Services” shall mean and include all services, functionalities and tools offered via the Platform by Graphy.
Graphy is only a platform service provider and an 'intermediary' in accordance with the Information Technology Act, 2000 including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Millennium Copyright Act (as amended from time to time) or other equivalent / similar legislations; and Graphy is not, in any manner, an educational institution, a content provider and/or a marketplace. Our Platform is merely a technology that facilitates creation and sale of Content by Creators and enables interaction between Creators and their End-Users in association with such Content. Graphy's only responsibility is to provision the technology and the Services in accordance with the Platform Terms. All Content on a Creator's Page, the pricing for registration (“Creator's Fee”) or access to such Content by a Creator's Page Users and the overall management of a Creator's Page (excluding the technological reliance on Graphy), including any interactions between a Creator and its End-Users, and the services offered therein is solely decided by the Creator, and accordingly, the Creator is, at all times, solely responsible for all of the aforesaid. Graphy is not, in any manner, liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of a Creator's relationship with such Creator's Page Users, including Creator's End-Users' reliance upon any information or other content made available on Creator's Page.
The Services rendered by Graphy are not exclusive to you, and we reserve the right to provide our Services to any person, natural or legal, including your competitors. You further acknowledge and agree that our employees and contractors may also be our customers and Creators on the Platform and that they may compete with you, however, they shall be bound by the confidentiality obligations under their respective contracts with us and shall not use your confidential information as a User of the Platform, in the event any such confidential information is made available to them for the purposes of rendering the Services in accordance with the Platform Terms.
C. Right to Access and Registration:
To access the Platform and use the Services, you will be required to register and create an account on the Platform by providing the requested details. You can either register as an individual or for an entity. If you are registering for an entity, then you confirm that you have all the required permission and authority to register and represent such entity on the Platform. If you are an individual, then you hereby confirm that you meet the 'Age Requirements' specified hereinbelow. By continued usage of the Platform, you, through your actions, represent and warrant that you continue to comply with the Age Requirements.
You can register on the Platform for free, however, the Services offered on the Platform may be chargeable. Please review our Pricing Page to know the Service offerings. You are not obligated to purchase any product or use any Service offered on the Platform.
Age Requirements to register and use on the Platform (“Age Requirements”):
If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your parent or legal guardian (“Parent”), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Graphy pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against your Parent.
Please note that the Platform and the Services offered therein are not directed at Minors/Children and Minors/Children are not by themselves eligible to register on and use the Platform and/or the Service offered therein. For the purpose of these Platform Terms, “Minor(s)”/ “Child”/ “Children” is/are individual(s) who do(es) not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time).
Graphy reserves the right to terminate your Subscription (as defined under the 'Pricing, Payments and Refunds' section below) and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements. You acknowledge that Graphy does not have the responsibility to ensure that you conform to the aforesaid Age Requirements. It shall be your sole responsibility to ensure that the required qualifications are met, and continue to be met with, at the time of your registration on and/or use of the Platform.
D. Your Account:
On completion of your registration on the Platform as a Creator, a subdomain gets created based on the information provided by you on the Platform (“Creator's Page” or “Page”); and based on the service offerings purchased/subscribed by you on the Platform, you may also get access to an android and/or iOS mobile application that is specific to your Page or that is commonly made available to other Creators subscribing to similar services as you (“Creator's Application”). Accordingly, any reference to 'Creator's Page' or'Page' shall mean and include the Creator's Application, as applicable, and all features made available to a Creator pursuant to the Subscription Plan purchased by the Creator.
As a Creator, you or the entity on whose behalf you have created an account on the Platform (as may be the case), are/is the deemed account holder of the account so created by you. You have the option to provide limited or full access to your account to any of your Authorized Users who may be assigned various roles including the roles of admins, instructors, affiliates who promote your Page or Content, or subscribers. Please note that you shall be solely responsible for any and all acts or omissions by your Page Users. Accordingly, the Platform Terms and any other specific terms you may have agreed to in writing (emails included) with Graphy in association with your use of the Platform, shall be deemed to be applicable to all your Page Users.
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person (except the Authorized Users) with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to assist you in stopping or preventing such unauthorized access. Please ensure that the details you provide us are correct in accordance with the details you may have submitted on the Platform.
Please note that we reserve the right to reject or put on-hold, your registration on the Platform as may be required to comply with any legal and regulatory provisions, and we also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, any information provided by you violates or you have violated, any provision of the Platform Terms or any applicable law or any government policies.
In the event of a dispute regarding your account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include without limitation, a scanned copy of your organizational documents, government issued photo ID, and any applicable business licences. After due verification, we retain the right to determine the rightful account owner and transfer such disputed account to the rightful owner. If we are unable to reasonably determine the rightful account owner, we reserve the right to temporarily disable an account until resolution has been determined between the disputing parties.
Further, to access the Platform, create, publish and/or view the Content on the Platform, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to use the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein. Further, similar Supported / Compatible Device requirements would apply to your End-Users and the responsibility of communicating these requirements to the End-Users shall be solely yours.
E. Use of the Platform:
Graphy's Intellectual Property: Graphy owns all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of Graphy including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to Graphy, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Graphy(“Graphy's Intellectual Property” or “Graphy's IP”). Graphy's IP specifically excludes any Content on Creator's Page (defined under the 'Your Content and Ownership' section below) and any content uploaded by other Users on the Platform, including any brand names and trademarks that are not owned by Graphy. Graphy's IP will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Graphy's IP by use of the Platform. You acknowledge and agree that the Graphy's IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display, or performance of the Graphy's IP and/or any component thereof is strictly prohibited and may result in legal / penal consequences.
It is further clarified that, Graphy, its logo, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. Graphy's trademarks and trade dress may not be used in connection with any product or service that is not Graphy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Graphy. All other trademarks not owned by Graphy that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to Graphy.
Licence to use the Platform: As a Creator, Graphy grants you and your Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own personal and commercial use in accordance with the Platform Terms.
Further, to facilitate your services to your End-Users through the Platform, Graphy grants your End-Users, a limited, non-exclusive licence to access and use the Platform through your Page for their own personal use. This licence does not grant your End-Users the right to assign or sublicense the licence granted hereunder to anyone else.
Except as expressly permitted under the Platform Terms or otherwise in writing, you will not, either by yourself or through any other person, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
F. Your Content and Ownership:
Ownership of your Content: You shall remain the sole owner of any content uploaded, published, submitted, or posted by you on the Platform, including without limitation, the Content, any text, image, media, written statements, or other content posted or published by you on the Platform (“User Content”), and Graphy does not claim any ownership over any User Content uploaded by you on the Platform.
Further, you shall remain solely responsible for any content uploaded, published, submitted, or posted by your Page Users on your Page, including without limitation, any text, image, media, written statements, or other content posted or published on your Page (“Content on Creator's Page”). Neither does Graphy claim any ownership or rights over such Content on Creator's Page, nor shall Graphy be responsible for any such Content on Creator's Page.
For ease of reference, “Content on Creators Page” shall include User Content, unless the terms are used individually and specifically where required.
G. Your Conduct on the Platform:
Your conduct on the Platform shall strictly be in accordance with the User Guidelines published on the Platform.
Further, you understand and confirm that you shall not during your use of the Platform at any time host, display, modify, post, publish or allow transmission of any content, comments, or act on or through your Page in any way which will amount to harassment of any other User or Page User. If at any given point it comes to Graphy's notice that you have engaged in any kind of harassment of other Users or Page Users, then in such a case you agree that Graphy shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination; and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
We are not obligated to monitor any content published on the Platform or review the conduct occurring on or through the Platform, including the interactions between the Creators and their End-Users. However, if any violation of the User Guidelines and/or of any applicable laws is brought to our notice, then, as an 'intermediary' we reserve the right to take necessary actions in order to comply with our obligation under the Information Technology Act, 2000, or the Digital Millennium Copyright Act (as amended from time to time) or other equivalent / similar legislations; such actions, without limitation, may include, refusal to allow access to your account on the Platform, suspension of Services or your account, terminate your accounts or remove such violating content at any time.
H. Use of Third-Party Services:
To enhance your experience of the Platform and help you best utilize the Services, we may recommend integration of or provide you the access to third-party software, applications, or services(“Third-Party Platforms”); these recommendations or provision to use services of such Third-Party Platforms are only optional tools or integrations necessarily made available for your convenience, and you are not obligated to use any service of such Third-Party Platforms. However, if you choose to use such services, then your use of the Third-Party Platform(s) services or the services of any third-party service provider is solely subject to the terms that may be agreed between you and the Third-Party Platform(s) (including any other third-party service providers) and shall be at your own risk. We strongly suggest that you read the terms and conditions, privacy policies and/or any other policies that may be made available to you by the Third-Party Platform(s) (including any other third-party service providers) either on their platforms or otherwise, prior to subscribing or using any of their services; and you may make inquiries as you feel necessary or appropriate before proceeding with any transaction with any such Third-Party Platform (including any other third-party service providers).
If you use the services of any Third-Party Platform (including any other third-party service providers) in association with the Services you have subscribed to on the Platform, then (i) you represent to us that you have agreed to be bound by such Third Party Platform’s (including any other third-party service providers) terms and conditions and (ii) you grant us the permission to allow such Third-Party Platform (including any other third-party service providers) to access the Content on Creator’s Page and/or such other data associated with you to the extent required to integrate and facilitate the services of such Third-Party Platform(s) (including any other third-party service providers) in association with the Services you have subscribed to on the Platform. If you do not agree to any of the terms and conditions of such Third-Party Platform(s) (including any other third-party service providers), then you should not install or use their services with our Services.
Similarly, we may also provide you access to an online directory of independent third parties (“Experts”) who can help you build and operate your Page. However, we do not employ these Experts and are in no way affiliated with these Experts. We only provide you with an index of Experts from which you may or may not choose to use the services of an Expert. We do not endorse any Expert. The information provided on the Platform regarding an Expert and responses to email inquiries, if any on such Experts, are for information purposes only, and the same shall not be construed or otherwise implied as an affiliation, recommendation or endorsement of any Expert or their services, websites or businesses.
Third-Party Platform (including any other third-party service providers) and Experts shall hereinafter collectively be referred to as “Third Party Services”, where applicable.
Neither do we have any control over, nor do we monitor the services of any such Third-Party Services. We make no claim, warranty, or representation regarding any Third-Party Services, their services, policies, or reliability thereof. You hereby expressly release Graphy from any and all liabilities arising from or in association with your use of such Third-Party Services.
Further, Graphy does not guarantee the availability of the Third-Party Services, and you acknowledge and agree that Graphy may disable access to any such Third-Party Services in its sole discretion.
UNDER NO CIRCUMSTANCES SHALL GRAPHY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES THAT RESULT FROM ANY CONTRACTUAL RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF GRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
I. Compliance with Applicable Laws and the Platform Terms:
Graphy may make available informational materials through articles, templates and/or frequently asked questions (FAQs) on the Platform for your reference. However, such materials are informational in nature only, and must not be considered as legal advice or documentation. Graphy provides no warranty, express or implied, in respect of such informational materials, including as to their completeness or legal impact. We suggest that you seek professional legal advice prior to publishing any terms or policies on your Page at your own expense to ensure your compliance with all applicable laws and the Platform Terms.
Furthermore, as stated in the 'Right to Access and Registration'section above, our Platform is not directed at Minors/Children and urge you to follow and apply the same in respect of your End-Users. Similarly, as stated in the 'Restriction on usage of the Platform'section above, Graphy does not collect or facilitate collection of any Sensitive Personal Data, including credit card or bank details and any health information; accordingly, you may not use the Platform or the Services to collect, store, or process any such Sensitive Personal Data. However, in your use of the Services, (i) if you fail to include the necessary age-related disclosures, or knowingly make available services/content targeted at Minors/Children, or (ii) if you collect, store, or process any Sensitive Personal Data, including credit card or bank details and any health information, then it shall be your sole responsibility to comply with all applicable laws relating to the privacy rights of children or any other applicable law governing the processing, use, or disclosure of health or bank related information, including the Children’s Online Privacy Protection Rule (COPPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPPA). Graphy shall not be liable for your non-compliance of the applicable laws, including the Data Protection Laws and any health privacy regulation.
If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Graphy and its affiliates a worldwide, non- exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of Graphy's incorporation of Feedback into the Platform.
K. Graphy’s Rights:
In respect of the entire Platform, Graphy reserves the following rights:
L. Claims against use of Third-Party Intellectual Property:
At Graphy, we respect the intellectual property of others just as much ours. Graphy does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Graphy will take all necessary actions in accordance with its Takedown Policy, if it has reason to believe that any content on the Platform including any Content on Creator’s Page, infringes any third-party intellectual property rights.
Graphy does not endorse any Creator or Content on Creator’s Page, or any opinion, recommendation, or advice in connection therewith, and Graphy expressly disclaims any and all liability in connection with any Creator and/or its Creator Page(s). Hence, if you believe that your intellectual property rights or of any person you are aware of, have been used in a way that gives rise to concerns of infringement, then kindly write to us at email@example.com with complete details as required under the Takedown Policy.
Communications on the Platform: You agree and acknowledge that Graphy is only a platform service provider and does not and cannot be a party to, or has control in any manner, over any transactions that happen on the Platform between the Creators and their Page Users. Hence, the contract of sale of Content/products/services through a Creator's Page on the Platform is strictly a biparty contract between the Creator (as the account holder) and their End-User(s).
Graphy does not monitor any interactions that takes place in any discussion forum that a Creator may have enabled or any communication between the Creator and their End- Users, but if Graphy receives from any Page User a complaint of misconduct against you, in any form, or if Graphy otherwise deems necessary, Graphy reserves the right to take the necessary actions in accordance with the legal obligations that Graphy is required to comply with.
Other Communications: When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid email address and/or phone number while creating any account with us or while enrolling or purchasing any Subscription. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize Graphy, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and Services offered by Graphy and its affiliates. These communications may be made by or on behalf of Graphy, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may levy certain charges on you vis-à-vis your communications with Graphy as it constitutes availing their services, and you agree to be responsible for all such charges, and Graphy will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email, or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by Graphy and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you receive any promotional communication or by disabling the options, if any, provided within your account on the Platform.
It is hereby clarified that Graphy's communication shall only be with you, and Graphy shall not directly contact your Page Users in any manner (unless a Page User directly reaches out to Graphy). The information referred to in this section only refers to the information that you will have directly provided Graphy at the time of account registration or onboarding on the Platform, and specifically excludes End-User information collected by a Creator through the Creator's Page.
Please note that –
N. Processing of Personal Data:
Further, we have published the Data Processing Addendum (“DPA”) in accordance with the applicable Data Protection Laws, including the GDPR and CCPA. DPA is a document that determines our processing activities in respect of any information, including Personal Data, published on your Page and/or collected directly by you from your End-Users through your Page. The DPA forms an integral part of the Platform Terms and our Agreement; it details Creators' and Graphy's obligations with respect to the processing of Personal Data and contains your documented instructions to us in accordance with which we shall conduct the processing activities of the information referred to in this Section.
O. Platform Availability:
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Graphy will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
Platform Pricing and Payment: Graphy may charge fees from Creators to access particular features and functionalities of the Platform (“Graphy's Fee”/ “Fee(s)”)through multi-tiered paid plans as described on our Pricing Page (“Subscription”/“Subscription Plan”). Please read the below terms applicable for the purchase of your Subscription:
We have also enabled integration of third-party payment providers to facilitate better payment options to you, which may vary depending on your territory or the Subscription you choose (“Third-Party Payment Providers”).
Third-Party Payment Providers may also charge you fees to use or access their services and may require your Personal Data to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Payment Provider(s).
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Payment Provider. This agreement with the Third-Party Payment Provider is an independent contract/agreement between you and such Third-Party Payment Provider and Graphy shall in no manner be a party to the same. Graphy only facilitates various payment options to you and is not offering the payment by itself in any manner.
You agree that you are solely responsible for all charges that occur through such Third-Party Payment Providers and acknowledge and agree to indemnify, defend, and hold harmless Graphy, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive your use of the Platform and termination of your Agreement with us.
For the purpose of the Platform Terms-
“Third-Party Service Providers” shall mean and include Subscription Manager(s), Third-Party Payment Providers, and any third-party payment gateways and/or aggregators used to collect payments of Graphy's Fee or used by the Creators to collect their Creator Fee(s) or such other payments from their End- Users.
“Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Graphy shall not be liable to you for any claims arising out of any act or omission on the part of the Third-Party Service Provider(s) including, but not limited to, any lost, stolen, or incorrectly processed payments. Graphy expressly disclaims any responsibility and liability for all services provided by the Third-Party Service Provider(s).
Cancellation and Refund Policy: You may cancel your Subscription by either writing to us at firstname.lastname@example.org or through your account on the Platform. However, please note there shall be no refund of the Fee already paid for your Subscription, unless otherwise specified in the Refund Policy. So, please read these Terms of Service and the Refund Policy carefully before subscribing to any of the Subscriptions.
When you cancel your Subscription, Graphy may disable access to features available only to Creators who have purchased/renewed Subscription, while your account may continue to exist on the Platform.
Payments w.r.t Creator's Fee: The Creator's Fee for the Content/services made available on the Creators' Page is solely determined by the respective Creators, and Graphy has no role in determining the same. The Creator must make available to their End-Users the terms and conditions in relation to the enrolment, use of Content and related services that may be provided by the Creator on their Page(s).
Further, if you have purchased a Subscription Plan that requires you to share your revenue with Graphy, then your Creator's Fee may be paid to you by the Third-Party Payment Aggregators after deducting Graphy's share, as agreed and applicable. Please read the Pricing Page and other terms, if any, specified on the Platform in this regard.
Please note: You may not bypass or circumvent the payment mechanism offered by the Platform by soliciting payment from an End-User outside the Platform in any manner including by using any alternative method to collect the Creator Fee and/or fee/monies for any service offered by the Creator on the Platform such as receiving payments through links to digital wallet platforms like Google Pay, Paypal or such other online payment system or electronic wallets.
Further, please note the below terms:
Q. Customized Subscription & Service Order:
To provide Creators with customized solutions and access to certain services and features of our Platform, Graphy may offer customized Subscriptions to Creators who make such a request, and Graphy's Fee applicable for such Subscriptions shall be dependent on the Services or features offered thereunder. To create and access an account under a customized Subscription, you must execute our service order(“Service Order”) and pay the applicable Graphy's Fee in accordance with the terms of such Service Order. In the event of any conflict or inconsistency of the terms between the Service Order and any other provisions of these Platform Terms, then only to the extent of such conflict or inconsistency, the terms of the Service Order shall prevail.
Subject to execution of the Service Order, we will: (a) make the Services available to you in accordance with the applicable Service Order, and (b) host, serve and support the Services in accordance with our service levels, if any, agreed in the respective Service Order.
We reserve the right to modify or change the Services offered to you at any time, provided that the modification or change (a) will be duly notified to you, (a) will not result in a material degradation or material loss of functionality of the Services; or (b) will not change the service levels provided in the Service Order except as permitted by this section.
R. Deletion of Account:
You may delete your account at any time by using the delete option provided within your Page. If your account is deleted (regardless of the reason), all Content on your Page may no longer be available and the same may be irrecoverable. Graphy is not responsible for the loss of such Content on Creator's Page upon deletion and Graphy shall not be liable to any party in any way for their inability to access any such Content on Creator's Page arising from any deletion. Please note that accounts without paid Subscriptions may be deleted from the Platform if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months and accounts on paid Subscription will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Further, the account may be deleted in accordance with other terms set out in these Platform Terms.
YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GRAPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, GRAPHY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, CONTENT ON CREATOR'S PAGE, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON CREATOR'S PAGE OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON CREATOR'S PAGE OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON CREATOR'S PAGE OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS GRAPHY IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND SUCH OTHER SIMILAR APPLICABLE LAWS. GRAPHY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT ON CREATOR'S PAGE OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GRAPHY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT OR SERVICES ON THE CREATOR'S PAGE. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
T. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL, GRAPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM INCLUDING, BUT NOT LIMITED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT ON CREATOR'S PAGE OR ANY OTHER CONTENT AVAILABLE ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON CREATOR'S PAGE OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAPHY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT GRAPHY SHALL NOT BE LIABLE FOR ANY CONTENT ON CREATOR'S PAGE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE PLATFORM IS CONTROLLED AND OFFERED BY GRAPHY AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. GRAPHY MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
U. Indemnity and Release:
You agree to indemnify and hold harmless Graphy and its successors and assigns and all of their respective officers, directors, subsidiaries, affiliates, agents and employees, from any claims, liability, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys' fees), demands, or actions made by any third party or penalty imposed due to or arising out of your breach of the Agreement or any document incorporated by reference, any claim that content provided by you caused damage or loss to a third party, or your violation of any law, rules, regulations or the rights of a third
You hereby expressly release Graphy and any of its officers and representatives from any cost, damage, liability, or other consequence of any actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against Graphy under any statute, contract or otherwise.
You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury's Office of Foreign Asset Control (“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a 'Specially Designated National and Blocked Person', terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Graphy, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
W. General Provisions:
X. Contact for User Support/Queries
For queries relating to Services offered by Graphy, please write to us at email@example.com.
A. Governing Law, and Jurisdiction:
The Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
B. Consumer Grievances:
Nodal Officer Details -
Name: Tony Mathew (Legal Department)
Grievance Officer Details -
Name: Gourav Kakkar
C. Contact Us:
If you have concerns or queries regarding the Agreement, you may write to us by email at firstname.lastname@example.org or by post to:
Sorting Hat Technologies Private Limited
Registered office: Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.
Corporate Office: Park Plaza - XJJP+6R9, Indira Nagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038
A. California Civil Code Section 1789.3:
Californian residents using the Platform are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800- 952-5210; or by email email@example.com.
B. Governing Law, Legal Disputes and Jurisdiction:
In the unlikely event of dispute between us, the Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
C. Contact Us:
If you have concerns or queries regarding the Agreement, you may write to us by email at firstname.lastname@example.org or by post to:
Vistra (Delaware) Ltd, 3500 South Dupont HWY
Dover, Kent, DE 19901