Graphy Platform Terms of Service
Last updated: December 20, 2021
Table of Contents:
A.Right to Access and Registration
G.Communications on the Platform
H.Processing of Personal Information by Creators
K.Feedback
II.Country Specific Terms and Conditions
A.Applicable in respect of Content published by Creators from India.
B.Applicable in respect of Content published by Creators from outside India.
I. GENERAL TERMS AND CONDITIONS
These Terms of Service set out the terms and conditions for use of https://www.graphy.com (the "Site"), the mobile application(s) (the "Application") and any features, subdomains, content, functionality, services, media, applications, Public Forum, or solutions offered on or through the Site and/or the Application (hereinafter collectively referred to as the "Platform").
These Terms of Service apply to all users of the Platform, including without limitation, all persons who create content on the Platform and who are given user access to a Page (i.e., other than as a ‘Learner’) by the account holder of that Page (referred to as "Creators") and users who access the Platform to learn a subject or a skill or otherwise (referred to as "Learners") (collectively referred to as "you", "your", or "User(s)"). These Terms of Service along with the Privacy Policy, Data Processing Addendum, Refund Policy, Cookies Policy, the User Guidelines and any other terms and conditions updated on the Platform or communicated to you from time to time (collectively referred to as the "Agreement"), defines the relationship and responsibilities between You and Graphy (as defined herein). Your access to the Platform is subject to Your acceptance of the Agreement. Hence, please take your time to read the Agreement.
When we speak of ‘Graphy’, ‘we’, ‘us’, and ‘our’, we collectively mean Sorting Hat Technologies Private Limited – a company incorporated in India and Graphy INC – a company incorporated in the State of Delaware, USA and its 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, and refer to the "Country Specific Terms and Conditions" section of the Agreement to understand the applicability of the country specifics terms.
Please read the Agreement and all other rules and policies made available or published on the Platform as they shall govern your use of the Platform and the Services (defined below) offered therein. From time-to-time, updated versions of the Agreement are made available on the Platform for your reference. By visiting the Platform or using the Services provided to you, you hereby expressly accept and agree to the terms of the Agreement. If you do not agree to any the terms of the Agreement or do not wish to be bound by them, then please do not use the Platform in any manner.
A.Right to Access and Registration:
As a Creator, 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 as 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. You hereby confirm that you have attained the age of majority in accordance with the applicable laws of your country of residence to use the Platform and the Service offered therein.
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.
If you are a Learner, your registration shall be in association with a Creator’s Content or Page (as defined below) you have or intend to enroll for and accordingly, the registration may or may not be chargeable. Learners are requested to read the terms and conditions, privacy policy and any other terms that may be published by the Creators on their respective Page in relation to the Page/product/services that may be offered by each such Creator for which you may wish to enroll.
Graphy hereby grants You permission to access and use the Platform as set forth herein, provided that:
i.You agree not to distribute in any medium any part of the Platform or the Graphy Content (as defined below) without Graphy’s prior written authorization.
ii.You agree not to alter or modify any part of the Platform.
iii.You agree not to access content of any other User through any technology or means other than the content you have legitimate access to.
iv.You agree not to use the Platform for any of the following commercial uses unless You obtain Graphy’s prior written approval:
- the sale of access to the Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar Platform as that of Graphy.
v.You agree to receive installs and updates from time to time from Graphy. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Graphy to deliver these to you) as part of your use of the Platform.
vi.You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Platform in a manner that sends more request messages to Graphy’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Graphy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Graphy reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform, unless otherwise mentioned herein.
vii.You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Graphy limited, royalty free, worldwide, non-exclusive license to use the User-generated Content (defined below) and communication in developing its Platform and in any of its marketing or promotional activities.
viii.In Your use of the Platform, You will at all times comply with all applicable laws and regulations.
ix.Graphy reserves the right to discontinue any aspect of the Platform at any time with or without notice at its sole discretion.
B.Your Account:
As a Creator, on completion of your registration, 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 will be entitled to launch an android and/or iOS mobile application (“Creator’s Application”). Accordingly, any reference to ‘Creator’s Page’ or ‘Page’ shall mean and include the Creator’s Application, as applicable. Further, as a Creator, you have the option to provide limited or full access to your account to multiple persons who may be assigned various roles including admin, instructors, affiliates who promote your Page or Content, or subscribers. Please note that you shall be solely responsible for all such persons to whom who have given an access to your account on the Platform. You shall be solely responsible for any and all acts or omissions by such persons. It is clarified that, any reference to ‘Creators’ under this Agreement shall mean and include any person to whom an access, limited or otherwise, has been provided by the Creators to their respective accounts on the Platform. As a Learner, on successful registration, you are given access to the Creator’s Page or Content you may have registered for on the Platform along with access to the related Public Forum and other features available on the Platform and linked to that Creator’s Page (as applicable).
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 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 help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
You represent that the information provided by You at the time of the registration are correct, true and accurate, and You agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle Your information.
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.
Further, we reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to You. We further 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, the said identifiers or You have violated any provision of the Agreement.
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 operate 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.
C.Platform Services:
Graphy Platform is an online service that provides a platform to create, design, publish and sell content, including audio-visual content (hereinafter referred to as "Content").
The Platform enables You to create Content using several features available on the Platform.
The Platform facilitates interaction between the Users through various features of the Platform including the "Public Forum" that acts like a discussion forum between Creators and their Learners. These features are available on each Creator’s Page and can be accessed by the respective Creators, and Learners who have enrolled for one or more of such Creator’s Content. All of the services, functionalities and tools offered via the Platform by Graphy will be referred to in this Agreement as “Graphy Services”/“Services”
Content on the Creator’s Page and the pricing for enrolment or access to such Content is solely decided by the Creator (“Content Fee”) and thus, please carefully read the terms and conditions in relation to the enrolment, use of Content and related services that may be provided by the Creators on their respective Page before enrolling or consuming the Content. Creator is, at all times, responsible for the Content, Content Fee pricing and for providing the Content.
You acknowledge and agree that the Graphy is only a platform service provider and does not create, modify, edit, or monitor the content created/uploaded on the Platform. Graphy provides the Platform that facilitates interaction between Creators and Learners; Graphy is not, in any manner, responsible for the interactions between Creators and Learners, and among Learners. Further, You confirm that Graphy is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of Creator-Learner or Learner-Learner interaction or relationship.
D.License to Creators: Graphy grants You, as a Creator, a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for Your own personal and commercial use in accordance with the terms of the Agreement. Except as expressly permitted under the Agreement or otherwise in writing, You will not 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).
E.License to Learners: Graphy grants You, as a Learner, a limited, non-exclusive license to access and use the Platform for Your own personal use. This license does not grant You the right to assign or sublicense the license granted under the Agreement to anyone else. Except as expressly permitted by Graphy under the Agreement or otherwise in writing, You will not reproduce, duplicate, copy, sell, resell, redistribute, create derivative works or otherwise exploit this Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
F.Content and Conduct:
i.You may submit User-generated Content (as defined below) on the Platform. You understand that Graphy does not guarantee any confidentiality with respect to any User-generated Content You submit.
ii.You shall be solely responsible for Your own User-generated Content and the consequences of submitting and publishing such content on the Platform. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Content that You submit; and You grant limited license to Graphy to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User-generated Content for publication on the Platform pursuant to the Agreement for the duration the said User-generated Content is available on the Platform.
ii.For clarity, You retain your ownership rights in Your User-generated Content. However, by submitting the User-generated Content on the Platform, You hereby grant Graphy a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, such User-generated Content in connection with the Graphy Platform and Graphy’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Graphy Platform in any media formats and through any media channels. You also hereby grant each User of the Graphy Platform a limited, non-exclusive license to access Your User-generated Content through the Graphy Platform.
iv.You further agree that User-generated Content You submit on the Graphy Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material, or You are otherwise legally entitled to post the material and to grant Graphy all of the license rights granted herein.
v.Furthermore, You confirm that You shall not host, display, upload, modify, publish, transmit, store, update or share User-generated Content or any information on the Platform that:
(a)belongs to another person and to which You do not have any right;
(b)is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(c)is harmful to child;
(d)infringes any patent, trademark, copyright or other proprietary rights of another;
(e)violates any law, statue, ordinance or regulation or terms of the Agreement;
(f)deceives or misleads the any User about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g)impersonates another person;
(h)threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
(i)contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j)is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(k)False, inaccurate or misleading;
(l)obscene or contain pornography.
(m)Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information.
vi.You understand and confirm that you shall not during your use of the Graphy Platform at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a Learner or a Creator. If at any given point it comes to Graphy’s notice that you have engaged in any kind of harassment of other 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.
vii.Graphy does not endorse any User-generated Content submitted on the Graphy Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Graphy expressly disclaims any and all liability in connection with User-generated Content. Graphy does not permit copyright infringing activities and infringement of intellectual property rights on the Graphy Platform, and Graphy will remove all User-generated Content if properly notified that such User-generated Content infringes on another’s intellectual property rights. Graphy reserves the right to remove User-generated Content without prior notice if it has reason to believe that the User-generated Content infringes any copyright.
viii.Your conduct on the Platform shall strictly be in accordance with the User Guidelines published on the Platform.
ix.You grant Graphy a non-exclusive, royalty-free, transferable and sublicensable rights to use, copy, distribute, retain and transmit User-generated Content as well as technical information collected via the Platform to the extent necessary to (i) provide the Platform and our services; (ii) perform our obligations under the Agreement; (iii) provide, monitor, correct, and improve the Platform and services related thereto; (iv) de-identify User data such that there is no reasonable basis to believe that the information can be used, alone, or in combination with other reasonably available information, to identify any individual or to identify User as the source of such data; (v) aggregate User data with other data; and (vi) comply with applicable laws. The User represents and warrants that it has provided all necessary notices to process any personal information and to transfer any personal information to Graphy.
G.Communications on the Platform:
You understand and agree that the Platform enables you (as a Creator) to make available your Content for purchase or subscription by Learners, at the price indicated by you. To you, the Learner, the Platform enables you to purchase or subscribe to the Content made available by Creators on the Platform.
You further 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. Hence, the contract of sale of Content/products/services on the Platform is strictly a bipartite contract between the Creator and the Learner.
Graphy does not monitor any of the interactions that takes place in the Public Forum or any communication between you and the Creator and/or other Learners, but if Graphy receives from any User a complaint of misconduct against you, in any form, or if Graphy otherwise deems necessary, Graphy reserves the right to suspend or terminate your access to any Public Forum and/or the Platform at any time, with or without giving any notice or reason.
You acknowledge that any User-generated Content (including without limitation any Content, chats, postings, or materials posted by the Users) on the Public Forum is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Content published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Content uploaded by you on the Platform, including on the Public Forum, or that you are licensed or have the necessary permission to use and reproduce such User-generated Content on the Platform.
Graphy will not under any circumstances be liable for any activity within the Creator’s Page and/or the Public Forum or for any action of any User. Graphy is not responsible for information that you choose to share on the Public Forum or otherwise on the Platform, or for the actions of other Users. You agree to comply with the restrictions and terms of use set forth in the Agreement and in accordance with applicable laws.
H.Processing of Personal Information by Creators:
Graphy’s Data Processing Addendum (“DPA”) forms an integral part of the Agreement and details Creators’ and Graphy’s obligations with respect to the processing of Personal Information (as defined in the Privacy Policy). Creators are responsible for protecting all Personal Information that they receive from or are provided to the Creator in connection with their Content or Page, use of the Platform, or any of the Services. You, the Creator, agree to comply with the terms of the DPA to the extent applicable. Creators are responsible for the Personal Information they collect from and about Learners. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Learners pertaining to their use of Learner Information beyond the scope of this Platform in accordance with applicable laws.
Apart from the above, the Creators shall also be responsible for providing the terms and conditions that govern their relationship with the Learners, including the Learners’ conduct, on their Creator’s Page.
I.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.
J.Intellectual Property:
1.
Graphy Content:Graphy owns all information and materials (in whatever form or media) provided or communicated to You by or on behalf of Graphy including but not limited to, the Platform, 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 Content"). The Graphy Content specifically excludes any Content uploaded by Creators or other User-generated Content uploaded by other Users, on the Platform. Graphy Content,You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation, the Content published by you as a Creator and/or any text, image, media, written statements or other content posted or published by you, either as a User or Creator in any Public Forum or anywhere on the Platform (“User-generated Content”) and Graphy does not claim any ownership over any User-generated Content uploaded by you on the Platform. including its trademarks, 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 Content or the Platform by use of the Platform. You acknowledge and agree that the Graphy Content 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 Content and any component thereof is strictly prohibited.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Graphy’s express prior written consent.
2.
User-generated Content: You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation, the Content published by you as a Creator and/or any text, image, media, written statements or other content posted or published by you, either as a User or Creator in any Public Forum or anywhere on the Platform (“User-generated Content”) and Graphy does not claim any ownership over any User-generated Content uploaded by you on the Platform.
At Graphy, we respect the intellectual property of others just as much ours and hence, if You believe that Your intellectual property rights have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@graphy.com with complete details as required under the Country Specific Terms and Conditions below.
Further, we reserve the right to remove access to content that we know, or have reason to know, violates the intellectual property rights of Graphy or other users.
K.Feedback
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.
L.Graphy’s Rights: In respect of the entire Platform, Graphy reserves the following rights:
Graphy has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if Graphy receives notice or becomes aware of, any violation of the Agreement, then, Graphy reserves the right to to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.
M.Trademarks and other Intellectual Property Rights:
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 affiliated with, connected to, or sponsored by Graphy.
If you believe that your trademark or other Intellectual Property (other copyright) has been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@graphy.com with complete details as required under the Country Specific Terms and Conditions below.
N.Claims Against User-generated Content:
Through the Platform, You will have the ability to access contents, links to websites, and services provided by other Users of the Platform. Your use of any content and/or material provided on this Platform or a third-party website is at Your own risk. Graphy does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. Graphy disclaims all liability and responsibility arising from any reliance placed on such materials by You. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Graphy Content, are solely the responsibility of the person or entity providing those materials. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
O.Pricing, Payments and Refunds:
1.
As mentioned earlier when it comes to the Creators, Graphy does not charge any fee for registration and account creation. However, Graphy charges fees from the Creators to access particular features and functionalities of the Platform through a multi-tiered paid subscription plan, described on our Pricing Page (“Platform Subscription”/“Subscription”). Please read the below terms applicable for the purchase of your Platform Subscription-Platform Pricing
(a)
You agree to pay all fees and charges that are made to your account and that you are solely responsible for payment of these fees and charges. The Platform Subscriptions are payable in full and in advance and is valid until the completion of the applicable Subscription period or until otherwise cancelled or terminated in accordance with the terms of this Agreement.
(b)
If you have authorized us, then the Platform Subscriptions are automatically charged at the beginning of each billing period, unless you withdraw your authorization or submit a cancellation request to us directly through your account prior to the start of the billing period or in writing via email to support@graphy.com. Your Platform Subscription will be charged upon the anniversary of its billing period. Subject to your authorization and applicable laws, You agree that Graphy may charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Platform Subscription or as updated by you through your account on the Platform, provided such updation takes place prior to upcoming billing period.
(c)
If you have not completed payments for your Platform Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.
(d)
We reserve the right to pursue fees owed to us using collection methods which may include charging other payment methods on file with us and/or retaining collection agencies or legal counsel.
(e)
We reserve the right to change/revise the pricing of the Platform Subscriptions. For existing Subscriptions for which the applicable fees have been already received by us, we will implement the price changes during the next billing period or renewal of the Platform Subscription.
(f)
We further reserve the right to offer custom plans and pricing in addition to what is offered on the Pricing Page, which include offering custom billing and payment terms, that are different from our standard terms. In respect of a Learner, Graphy as a Platform does not charge anything from the Learner to access the Platform. To learn more, please read the ‘Payment w.r.t Learners’ section below.
2.Cancellation and Refund Policy:
You may cancel your Platform Subscription by either writing to us at support@graphy.comor through your Account on the Platform. However, please note that the cancellation will become effective at the end of the then-current billing period; in other words, we will not renew your Platform Subscription, but the existing Platform Subscription will continue until the end of its billing period and there shall be no refund of the fee already paid for the same, unless otherwise specified in the Refund Policy. So, please read these terms and conditions and the Refund Policy carefully before subscribing to any of the Platform Subscriptions.When you cancel your Platform Subscription, Graphy may disable access to features available only to Creators who have purchased/renewed Platform Subscription, while your account may continue to exist on the Platform.
3.Payments w.r.t Content Fee:
The Content 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 Content Fee. Please read the terms and conditions in relation to the enrolment, use of Content and related services that may be provided by the Creators on their respective Page(s) carefully before enrolling or consuming the Content.
With an intent to have a more user-friendly transaction model for payment of the Content Fee, we use third-party payment aggregators to process payments for products, services, or other content purchased through the Creator’s Page ("Third-Party Service Providers"). Third-Party Service Providers made available to You may vary depending on Your territory. Please note Third-Party Service 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. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that You read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how Your data is being processed. Graphy is not affiliated with their Third-Party Service Providers and neither Graphy nor any of the Third-Party Service Providers are agents or employees of the other.
In purchasing products or services through the Platform, a User may be redirected to an external website operated by a Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of Your personal information by such Third-Party Service Provider. You agree that You are solely responsible for all charges that occur through such Third-Party Service 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 the Agreement. For purposes of the Agreement, "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 Providers 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 Providers.
Please note: You may not bypass or circumvent the payment mechanism offered by the Platform by soliciting payment from a Learner outside of the Platform in any manner including by using any alternative method to collect the Content 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.
(a)
Payments with respect to Creators: To collect the applicable Content Fees and/or other fees/monies determined by you for any Content/service offered by you on the Platform, you may enable the payments by choosing the Third-Party Service Provider made available on the Platform. Once selected, the Third Party Service Provider may need you to create an account with on their platform or provide the information of any of your existing accounts with them and agree to such Third-Party Service Provider’s terms and conditions and privacy policy. Once you have enabled payments on the Platform and registered with the Third-Party Service Provider as stated above, you will see that they are responsible for directing and distributing payments for services purchased through your Page, including automatically sending receipts to your Learners and directing payouts to you and any bank accounts identified by you. The Third-Party Service Provider will collect the amounts paid by your Learners and remit the collect amounts to you after deduction of their fee and applicable taxes. We suggest that you review the respective Third-Party Service Provider’s terms from time to time to fully understand these charges and applicable, since, when you use the services or platform offered by such Third-Party Service Providers, you agree to their respective terms and policies.
Also, please note the below terms:
- In respect of your transaction, you are solely responsible for all applicable Goods and Services Taxes (‘GST’), EU Value Added Taxes (‘VAT’), costs, filings, and any other activities that may arise as a result of sales of your Content / services using the Platform. Neither is Graphy responsible to nor does it collect, pay, remit or otherwise pay on your behalf, the taxes owed by you (including GST or EU VAT) on Content you sell through the Platform.
- You set the Content Fee of each Content published / services offered by you through your Page at your sole discretion and without any input from Graphy.
- All invoices made to your Learners through the respective Third-Party Service Provider shall indicate that you are the supplier of the Content or the services offered by you on through your Page.
- Learners’ invoices shall identify the name and nature of the Content or the services offered by you that was purchased.
- As stated, payments in respect of your Content or any other service offered by you through your Page are processed by Third-Party Service Providers, hence, neither is Graphy a party to the authorization process nor is Graphy responsible for authorizing credit card charges through such Third-Party Service Providers.
- You are responsible for making available the terms and conditions, privacy policy and refund policy applicable for Your Page and Content.
- Should there be any issues with payments, Graphy has no responsibility to accept or reject Content enrolments or for any service offered by you through your Page. You agree that once payments are processed through a Third-Party Service Provider, such processing serves as an authorization to Graphy to deliver the Content materials to Learners through the Services.
(b)
Payments with respect to Learners: To sign-up for any Content, You will need to select the Content You wish to avail/consume and pay the applicable Content Fee determined by the respective Creator by using the available payment methods. Additionally, to show Your appreciation to a Creator of Your interest You may make a monetary contribution to such Creator by way of a Quill, and/or purchase any other services offered by the Creator on their Page. Your payments may be subject to applicable taxes, so we suggest that You read the terms and policies of the relevant Third-Party Service Provider to understand the same better. Graphy is not responsible for the Content of the Creator, the Content Fees, Quills, other services offered by the Creator, payment processing or refunds. Your enrolment for any Content or payment for any other services offered by the Creators on the Platform (including Quills) is subject to the terms and conditions determined by the respective Creator, at his/her/their sole discretion without suggestions from Graphy. Should You face any issues in this regard, please reach out to the respective Creator to resolve the same. You hereby agree and accept that in respect of any transaction, applicable taxes (direct and/or indirect) shall be deducted from the payment. You shall solely be liable for all Your taxes (including service and withholding taxes) within and/or outside India. It is further agreed by You that You shall indemnify, defend, and hold harmless Graphy and our directors, officers, agents, employees, successors, assignees, and authorized representatives against any loss of credit, tax, interest and/or penalty resulting from Your failure to remit the applicable taxes to the respective authority within the stipulated time period, or Your failure to otherwise conform to the applicable laws.
P.Deletion of Account:
If you are a Creator, you may delete your account at any time by either writing to us at support@graphy.com or by using the delete option provided within your Page (if available). If your account is deleted (regardless of the reason), your User-generated Content may no longer be available and the same may be irrecoverable. Graphy is not responsible for the loss of such User-generated Content upon deletion and Graphy shall not be liable to any party in any way for the inability to access Content arising from any deletion. Please note that accounts without Platform 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 Platform Subscription will remain active unless you explicitly ask us to delete it when you cancel your paid plan.If you are a Learner, you may delete your account at any time by either writing to the Creator/s whose Page(s) you have registered or subscribed to or by using the delete option provided within your account (if available). If your account is deleted (regardless of the reason), your User-generated Content may no longer be available and the same may be irrecoverable. Graphy is not responsible for the loss of such User-generated Content upon deletion and Graphy shall not be liable to any party in any way for the inability to access Content arising from any deletion.Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on your public profile or otherwise on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
Q.Disclaimer:
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, USER-GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT 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 INFORMATION 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 USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. GRAPHY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER-GENERATED CONTENT 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 USER-GENERATED CONTENT OR SERVICES. 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.
R.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 USER-GENERATED CONTENT 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 INFORMATION 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 USER-GENERATED CONTENT 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 USER-GENERATED CONTENT 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 FREE OF CHARGE BY GRAPHY FROM ITS FACILITIES IN INDIA. 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.
S.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 party.
You hereby expressly release Graphy and any of its officers and representatives from any cost, damage, liability or other consequence of any of the 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.
T.OFAC:
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.
U.Other Communications:
When You visit the Platform, You are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing the Content of any Creator. 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, with respect to Your use of the Platform. 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 have levied certain charges on You for availing their services, and You agree to be responsible for all such charges, and Graphy will not be responsible for these charges. Do not submit Your information if You do not consent to being contacted by telephone, text, or email.
V.General Provisions:
1.
Additional Representation: You hereby confirm and represent that you have the requisite capacity, power, and authority to enter into this Agreement with us and that you have not entered into any agreement or arrangement with any third-party (including without limitation with Sorting Hat Technologies Private Limited or Graphy Inc for any of its other brands, products or services, its subsidiaries, and affiliates) which would prevent you from entering into this Agreement with us. If you have any such agreements/arrangements, then you understand that you will solely be responsible to obtain necessary permissions, waivers, etc., as may be required, from such third-party for using our Platform. Any violation/objection raised by or any claim from such third-party shall solely be your liability, and you shall indemnify us against any claims, damages or liability under this clause.
2.
Modification, Amendment or Termination: Graphy may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as Your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep Yourself updated with the most recent updates.
3.
Force Majeure: Graphy shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
4.
Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of Graphy. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
W.About Graphy Platform:
The 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, India ("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, shall be deemed as the operator of the Platform ("Graphy Inc") in respect of territories outside India.
II. COUNTRY SPECIFIC TERMS AND CONDITIONS
Applicable in respect of Content published by Creators from India.
A.Applicability:
If You are a Creator registering on the Platform from India or a User accessing the Content on the Platform published by a Creator based out of India, then, the Agreement shall be deemed to be between You and Graphy India.
B.Copyright Complaints and Takedown Policy:
1.
Copyright Complaints: Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information Technology Act of 2000, we as an intermediary, allow Users to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the content uploaded on the Platform. If You, in good faith, believe that Your work has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to the Graphy’s designated agent at copyright@graphy.com (Subject line: "Copyright: Takedown Request - India") which contains the information stated hereinbelow. You may also send the said information by mail at: Sorting Hat Technologies Private Limited, Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of You or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2.
Counter-Notice: If You believe that any User-generated Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such User-generated Content, You may send a written counter-notice containing the following information to Graphy’s designated agent using any of the methods mentioned under ‘Copyrights Complaint’ section above:
- Your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the courts situated in Bangalore, India, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
3.
Repeat Infringer Policy: Graphy has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Graphy’s sole discretion. Graphy may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement.As stated above, Graphy reserves the right to limit access to the Platform and/or terminate the accounts of any User who infringes any intellectual property rights of others, whether or not such User is deemed as a repeat infringer. Further, we reserve the right to remove access to content that we know, or have reason to know, violates the intellectual property rights of Graphy or other Users.
C.Trademarks and other Intellectual Property Rights:As stated above, if You believe that Your intellectual property rights (other than copyrights) have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@graphy.com with the following details-
- an electronic or physical signature of You or the person authorized to act on behalf of the owner of the trademark or intellectual property interest;
- a description of the trademark or intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the trademark or intellectual property owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Further, we reserve the right to remove access to content that we believe, or have reason to believe, violates the intellectual property rights of Graphy or other users, or even limit access to the Platform and/or terminate the accounts of any User who infringes any intellectual property rights of others.
D.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.
E.Consumer Grievances:
Nodal Officer Details –
Name: Ms. Brahmi Chandrasekaran (Legal Department)
Contact: legal@graphy.com
Grievance Officer Details –
Name:
Contact: Gourav Kakkarsupport@graphy.com
F.Contact Us:
If You’ve have concerns or queries regarding the Agreement, You may write to us by email at legal@graphy.com or by post to:
Sorting Hat Technologies Pvt Ltd
Maruti Infotech Centre, 3rd Floor, A-Block, Domlur,
Koramangala Inner Ring Road, Bangalore- 560 071,
Karnataka, India.
Applicable in respect of Content published by Creators from outside India.
A.Applicability:
If You are a Creator registering on the Platform from outside India or a User accessing the Content on the Platform published by a Creator based outside India, then, the Agreement shall be deemed to be between You and Graphy Inc.
B.Copyright Complaints and Takedown Policy:
1.Copyright Complaints: In respect of the Users to whom this section of the Agreement applies, all complaints/ notices of alleged copyright infringements or violations received by Graphy shall be processed, investigated and appropriate actions under eill be taken in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) ("DMCA") and other applicable intellectual property laws. If You, in good faith, believe that Your work has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to the Graphy’s designated copyright agent at copyright@graphy.com (Subject line: "DMCA Takedown Request") which contains the information stated hereinbelow. You may also send the said information by mail at: Graphy INC, Attention: DMCA Takedown Request, Vistra (Delaware) Ltd, 3500, South Dupont, HWY, Dover, Kent, DE 19901, Delaware, USA.To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of You or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2.Counter-Notice:: If You believe that any User-generated Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such User-generated Content, You may send a written counter-notice containing the following information to Graphy’s designated agent using any of the methods mentioned under ‘Copyrights Complaint’ section above:
- Your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of the courts situated in Bangalore, India, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
3.Repeat Infringer Policy: Graphy has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Graphy’s sole discretion. Graphy may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
As stated above, Graphy reserves the right to limit access to the Platform and/or terminate the accounts of any User who infringes any intellectual property rights of others, whether or not such User is deemed as a repeat infringer. Further, we reserve the right to remove access to content that we know, or have reason to know, violates the intellectual property rights of Graphy or other Users.
C.Trademarks and other Intellectual Property Rights:
As stated above, if you believe that your intellectual property rights (other than copyrights) have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@graphy.com with the following details-- an electronic or physical signature of You or the person authorized to act on behalf of the owner of the trademark or intellectual property interest;
- a description of the trademark or intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the trademark or intellectual property owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Further, we reserve the right to remove access to content that we know, or have reason to know, violates the intellectual property rights of Graphy or other users, or even limit access to the Platform and/or terminate the accounts of any User who infringes any intellectual property rights of others.
D.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 to dca@dca.ca.gov.
E.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.
F.Contact Us:
If You’ve have concerns or queries regarding the Agreement, You may write to us by email at legal@graphy.com or by post to:
Graphy INC
Vistra (Delaware) Ltd, 3500 South Dupont HWY
Dover, Kent, DE 19901
Initiatives
Graphy as a
Contact us
USA 🇺🇸
Graphy INC WeWork, 2 Embarcadero Ctr, San Francisco, CA 94111
+1 (917) 722-5169
Singapore 🇸🇬
Graphy WeWork, Level 6, 30 Prinsep St, Singapore 188647
+65 89071610
India 🇮🇳
Graphy Park Plaza - XJJP+6R9, Indira Nagar II Stage, Hoysala Nagar, Indiranagar, Bengaluru, Karnataka 560038
+91 9513165622
