Terms of Service
Last Updated: 19th December 2025
I. GENERAL TERMS AND CONDITIONS
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 Graphy Labs 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.
These Terms of Service along with the Privacy Policy, Data Processing Addendum, Refund Policy, the User Guidelines, the Takedown Policy and Cookies Policy any other terms and conditions updated on the Platform or communicated to you from time to time (collectively referred to as the “Platform Terms”), defines the relationship and responsibilities between you and Graphy, and it governs your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms, and such acceptance of the Platform Terms forms a legally binding agreement between you and Graphy (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available on the Platform for your reference. By visiting the Platform, providing your Personal Data (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
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.
About Graphy Platform:
Graphy Platform is owned by Graphy Labs Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at 11/1, 12/1, Maruthi Infotech Centre, 5th Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, 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.
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”):
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.
You represent that the information provided by you at the time of the registration are correct, true and accurate and you are authorized to provide such information, 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, 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:
F. Your Content and Ownership:
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:
You understand and agree that you are solely and exclusively responsible for your Page, determination of Creator’s Fee, access to Content and the overall management of your Page (excluding the technological reliance on Graphy) and the services offered therein in accordance with the applicable laws and the Platform Terms. You are solely responsible for publishing any terms and conditions, privacy policies and any other terms and conditions or policies that shall be applicable for your Page Users. All terms and policies made available by you must be in compliance of the applicable laws, including Data Protection Laws (as defined in the Privacy Policy) 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.
J. 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.
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 protected] with complete details as required under the Takedown Policy.
M. Communications:
Please note that –
N. Processing of Personal Data:
All our collection, processing, sharing, and storing of any Personal Data (as defined in the Privacy Policy) collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Graphy to safeguard your Personal Data. Should you have any queries in respect of the same, please feel free to right to us at [email protected].
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.
By using our Service, you hereby agree to comply with all applicable Data Protection Laws and other security and regulatory compliances in respect of any information that you make available on the Platform or otherwise collect from your End-Users. You are responsible for protecting all Personal Data that you receive from or are provided with in connection with your Page, use of the Platform, or any of the Services. You are also responsible for providing an appropriate privacy notice and cookies policy to your End-Users that detail, among other things, the processing activities and security measures undertaken by you in respect of your End-Users’ Data (as defined in the Privacy Policy) within and beyond the scope of this Platform in accordance with applicable laws.
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.
P. Pricing, Payments, and Refunds:
We offer various types of Subscription Plans, and Graphy’s Fee structure for each Subscription Plan differs. Please go through the details provided on our Pricing Page carefully before making any purchase.
Our billing cycles depend on the Subscription Plan you select while purchasing. Payment will be charged to your chosen payment method at confirmation of your purchase in accordance with the billing cycle applicable for your Subscription Plan.
We may use third-party service provider(s) to manage all our Subscriptions, including their purchases, renewals, cancellations, and invoicing (“Subscription Manager(s)”). Accordingly, we may not collect any payment related information such as credit/debit card details, UPIs, and bank account details from you, and all such Sensitive Personal Data, in such cases, shall be collected and processed by such Subscription Manager(s). Subject to your authorization and applicable laws, You agree that Graphy may, if applicable, as per your chosen Subscription Plan, charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Subscription through the Subscription Manager(s) or as updated by you through the Subscription Manager(s), provided such updation takes place prior to upcoming billing period, as applicable.
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. If you have not completed payments for your Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.
Your payments to Graphy shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
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.
If you are unclear on the payments applicable to your Subscription Plan, then please write to us at the email address provided in the 'Contact for User Support/Queries' section below.
We reserve the right to change/revise the pricing of the 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 Subscription.
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.
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.
Graphy cannot and does not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Providers or its respective websites or (ii) control collection or use of your Personal Data by such Third-Party Service Providers. Hence, prior to using any services offered by a Third-Party Service Providers, 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 Personal Data is being processed. Graphy is not affiliated to any Third-Party Service Provider and neither Graphy nor any of the Third-Party Service Providers are agents or employees of the other.
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).
Please note that all Fee(s) payments are collected by Graphy only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Graphy either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the 'Contact for User Support/Queries' section below.
Further, Graphy is solely authorized to offer discounts / offers, if any, on Graphy's Fee. These discounts / offers are communicated on the Platform or via direct communication to you from Graphy via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Graphy. Other than Graphy, no person is allowed to offer any discounts on Graphy's Fee offered on the Platform. Graphy shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform), other than Graphy.
With an intent to have a more user-friendly transaction model for payment of the Creator's Fee, we allow Creators to integrate various third-party payment aggregators to process payments for products, services, or other content purchased through the Creator's Page (“Third-Party Payment Aggregators”) by End Users. Third-Party Payment Aggregators made available to you may vary depending on your territory. Once selected, the Third-Party Payment Aggregator(s) may need you to create an account on their platform or provide the information of your existing account(s) with them and agree to such Third-Party Payment Aggregator's terms and conditions and privacy policy. Once you have enabled payments on the Platform and registered with the Third- Party Payment Aggregator(s) 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 End-Users and directing payouts to you and any bank accounts identified by you. The Third-Party Payment Aggregator(s) will collect the amounts paid by your End-Users and remit the collected amounts to you after deduction of their fee, if any, and applicable taxes. Please note Third-Party Payment Aggregators 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 Payment Aggregators, 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; this is also because, when you use the services or platform offered by such Third-Party Payment Aggregator, you agree to their respective terms and policies. Graphy is not affiliated with their Third- Party Payment Aggregators and neither Graphy nor any of the Third-Party Payment Aggregators are agents or employees of the other.
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.
Please note that we may need to retain some or all of the information that we have collected from you directly (i.e., excluding any Content on Creator's Page and Creator's End-Users' Data) in order comply with our legal and business obligations. Please refer to our Privacy Policy to know our data retention practices.
S. 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, 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.
V. 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.
W. General Provisions:
X. Contact for User Support/Queries
For queries relating to Services offered by Graphy, please write to us at [email protected].
II. COUNTRY SPECIFIC TERMS AND CONDITIONS
Applicable in respect of Content published by Creators from India.
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 -
Contact: [email protected]
C. Contact Us:
If you have concerns or queries regarding the Agreement, you may write to us by email at [email protected] or by post to:
Graphy Labs Private Limited
Registered office: 11/1, 12/1, Maruthi Infotech Centre, 5th 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. 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 [email protected].
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 [email protected] or by post to:
Graphy INC
Vistra (Delaware) Ltd, 3500 South Dupont HWY
Dover, Kent, DE 19901
III. Graphy AI Avatar: Terms and Conditions
The Graphy AI Avatar program ("Program") is a feature introduced by Graphy Labs Private Limited ("Graphy") for use by Creators subject to the terms and conditions provided herein ("Program Terms").
Creators are not in any way bound to participate in or create avatars using the Program. Any participation is voluntary.
The avatar created shall be in the nature of a digital assistant, chat function or public link which is based on the style, tone and personality or any other features of a Creator's identity ("Avatar") available on the Creator's page.
The Avatar may be used to answer routine questions asked by Creator's End Users, conduct conversations with End Users and/or drive conversion by providing outputs ("Avatar Output") based on the Training Content (defined below) provided by the Creator.
Please note that the Avatar is created based on the Training Content provided by the Avatar as well as the web data that the bot has access to. In order to build the Avatar, Creator shall be required to provide URLs to the Creator's content available online including but not limited to Creator's social media, information pertaining to the Creator online, videos of the Creators in the required fields to train the bot, which are publicly available and free to use ("Training Content"). Training Content shall not include any content behind a paywall or any website which requires authentication.
The Creator may always disable Training Content provided which is used to train the Avatar. The Creator may choose to restrict the Avatar to respond using only the Training Content provided by the Creator. Creators are encouraged to monitor the Avatar Output from time to time as the Creator controls the Avatar Output at all times.
Prohibited Activities
The Avatar of a Creator shall not impersonate or use any features of any individual's identity other than that of the Creator. Creators shall be solely responsible in the event of any legal proceedings initiated against them due to impersonation of any individual including but not limited to celebrities or politicians, without their express written consent.
Creator's Training Content and Avatar Output shall not infringe any third party intellectual property rights.
Creator confirms that Training Content and/or Avatar Output shall not contain any material which is:
Prohibited Activities
The Avatar of a Creator shall not impersonate or use any features of any individual's identity other than that of the Creator. Creators shall be solely responsible in the event of any legal proceedings initiated against them due to impersonation of any individual including but not limited to celebrities or politicians, without their express written consent.
Creator's Training Content and Avatar Output shall not infringe any third party intellectual property rights.
Creator confirms that Training Content and/or Avatar Output shall not contain any material which is:
Ownership of Avatar and Avatar's Output
Creators shall be solely responsible and shall be the owner of the Avatar which they create on the Graphy platform and shall own and shall be liable for the Avatar Output provided by the Avatar during the online chats with the End Users.
Graphy shall not use your Avatar or use and/or share the Training Content with any other third parties other than for rendering services to you on the platform.
Monitoring and Enforcement
Graphy have the right to:
Graphy does not review the Training Content or Avatar Output and accordingly, we assume no liability for any action, communications or content provided by the Creator.
Disclaimer of Warranties
YOUR USE OF THE PROGRAM, ANY SERVICES OR AVATAR OUTPUT GENERATED IS AT YOUR OWN RISK. THE PROGRAM AND ANY SERVICES OR ITEMS RELATED TO THE PROGRAM OBTAINED THROUGH GRAPHY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PROGRAM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH USE OF GRAPHY WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED OR, THAT ANY SERVICES OR ITEMS OBTAINED THROUGH USE OF THE PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GRAPHY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROGRAM, ANY AVATAR OUTPUT GENERATED OR ITEMS OBTAINED THROUGH USE OF THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Program Terms.
Termination
In the event you cease to be a Creator on Graphy or are disqualified from the Program, Graphy will disable your Avatar on the Graphy platform.
In the event you cease to be a Creator on Graphy or are disqualified from the Program, Graphy will disable your Avatar on the Graphy platform.
Effective Date: 23rd July 2025
In addition to the Platform Terms above, these additional terms and conditions ("FinfluencerTerms") shall be applicable to you if you are an individual or entity resident in India and is using the Graphy platform as a Creator providing financial content and services to your End Users("Finfluencer", "you", or "your).
By using the Platform as a Finfluencer, you agree to be bound by these Finfluencer Terms, Platform Terms, and any other policies or guidelines referenced herein or provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM AS A FINFLUENCER.
1. Definitions
1.1 Finfluencer Content: All information, data, text, photographs, graphics, video, audio, messages, software, scripts, and other materials and Content that the Finfluencer creates, uploads, posts, publishes, or otherwise makes available through the Platform or channels accessed through the Platform. This specifically includes courses, webinars, documents, advice, commentary, or any other material related to finance offered by the Finfluencer.
1.2 Finfluencer: A Creator who is an individual or entity residing in India registered on the Platform to create, upload, market, and sell Finfluencer Content and Finfluencer Services within the financial education, advice, or commentary domain to End Users in India.
1.3 Finfluencer Services: The specific offerings provided by the Finfluencer through the Platform to End Users, which may include courses, webinars, memberships, consulting, or access to premium content.
1.4 Applicable Law: All applicable laws, statutes, rules, regulations, notifications, and guidelines in force in India, including but not limited to the Securities and Exchange Board of India Act, 1992, SEBI (Investment Advisers) Regulations, 2013, SEBI (Research Analysts) Regulations, 2014,Guidelines for Research Analysts dated 8th Jan 2025, the Information Technology Act, 2000 and the rules framed thereunder (especially the IT Rules 2021), the Consumer Protection Act, 2019, and data privacy laws (including the Digital Personal Data Protection Bill, 2023, once effective).
2. Graphy's Role - INTERMEDIARY ONLY
2.1. Platform Provider: Graphy provides the technical platform and tools that enable Finfluencers residing in India to independently create, upload, manage, market, and sell their Finfluencer Content and Finfluencer Services (collectively “Finfluencer Content & Services” ) directly to End Users located in India. In order to enable Graphy to provide its services, Graphy shall engage third-party sub-contractors to facilitate KYC services (“KYC Partner(s)”) on behalf of the Finfluencers. It is clarified that Graphy merely facilitates the collection of KYC documents through the KYC Partner and no core function of the Finfluencer, including but not limited to KYC verification, is undertaken by Graphy.
2.2. NOT a Financial Service Provider: YOU ACKNOWLEDGE AND AGREE THAT GRAPHY IS SOLELY A TECHNOLOGY PLATFORM PROVIDER AND INTERMEDIARY AND IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL ADVICE, INVESTMENT ADVICE, RESEARCH ANALYSIS, BROKERAGE SERVICES, OR ANY OTHER REGULATED FINANCIAL SERVICES UNDER APPLICABLE LAW IN INDIA. Graphy does not endorse, recommend, or guarantee the accuracy, completeness, or suitability of any Finfluencer Content & Service provided by any Finfluencer or any services provided by KYC Partners.
2.3. No Responsibility for Content: As an intermediary under Applicable Law, Graphy does not review, edit, or control the Finfluencer Content created or uploaded by Finfluencers except as required to comply with Applicable Law (including IT Rules 2021) or these Terms. You are solely responsible for your Finfluencer Content & Services, their accuracy, legality, compliance with regulations (especially SEBI regulations), and appropriateness for End Users. Graphy expressly disclaims any liability arising from or related to the Finfluencer Content or Finfluencer Services provided by Finfluencers.
2.4. No Relationship with End Users: Graphy Platform is merely a technology that facilitates creation and sale of Finfluencer Content & Services by Finfluencer and enables interaction between Finfluencers and their End-Users in association with such Content. It is clarified that the contractual relationship regarding the Finfluencer Content & Services themselves is solely between the Finfluencer and the End User. Graphy is not a party to that relationship.
3. Your Obligations as a Finfluencer
3.1. Legal Compliance & Licensing (CRITICAL FOR FINFLUENCERS IN INDIA): (a) You represent and warrant that you will comply with ALL Applicable Law in connection with your use of the Platform, creation of Finfluencer Content, provision of Finfluencer Services, and interaction with your End Users. (b) YOU SPECIFICALLY REPRESENT AND WARRANT THAT IF YOUR CONTENT OR SERVICES CONSTITUTE "INVESTMENT ADVICE" OR "RESEARCH ANALYSIS" AS DEFINED UNDER SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013 OR SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014 RESPECTIVELY, YOU ARE DULY REGISTERED WITH SEBI AS AN INVESTMENT ADVISER (IA) OR RESEARCH ANALYST (RA) AND POSSESS ALL NECESSARY LICENSES, REGISTRATIONS, PERMITS, OR APPROVALS REQUIRED UNDER APPLICABLE LAW. You shall provide proof of such registration and licenses to Graphy upon request and shall maintain such registration and licenses in good standing throughout the Term of this Agreement. (c) If your Content or Services do not constitute "Investment Advice" or "Research Analysis" under SEBI regulations, you represent and warrant that your Content and Services are strictly for educational purposes only and do not involve personalized recommendations or opinions about investing in, purchasing, selling, or otherwise dealing in securities or investment products. (d) You shall immediately notify Graphy if any of your SEBI registrations, licenses, or other regulatory approvals are suspended, revoked, or subject to any inquiry or disciplinary action and shall immediately cease providing Finfluencer Content & Services to End Users. (e) You shall prominently display all disclaimers and disclosures required by Applicable Law (including SEBI guidelines and ASCI guidelines for financial advertising) in your Content and on your profile on the Platform, including your SEBI registration number if applicable, and a clear statement on whether your content is "investment advice" or "for educational purposes only." (f) You shall comply with the due diligence obligations imposed on users by the IT Rules 2021 regarding prohibited content.
3.2. Finfluencer Content Accuracy and Legality: Your Finfluencer Content and Finfluencer Services must be accurate, complete, not misleading, and comply with all Applicable Law, including those related to advertising, financial promotion, and consumer protection (Consumer Protection Act, 2019). (b) Your Finfluencer Content must not host, display, upload, modify, publish, transmit, store, update or share any information that: (i) is defamatory, obscene, pornographic, pedophilic, 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 of India; (ii) infringes any patent, trademark, copyright or other proprietary rights of any person; (iii) violates any law for the time being in force; (iv) deceives or misleads the addresses 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; (v) impersonates another person; (vi) threatens the unity, integrity, defence, 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; (vii) contains software virus or any other computer code, file or programme designed to interrupt, destroy or limit the functionality of any computer resource; (viii) 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. (c) Your Finfluencer Content must not infringe upon or misappropriate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
3.3. End Customer Relationship: (a) You are solely responsible for handling all inquiries, complaints, and support requests from End Users related to your Finfluencer Content & Services. (b) You must provide accurate descriptions of your Finfluencer Content & Services, pricing, and refund policies (if any), which must comply with the Consumer Protection Act,2019. (c) You shall be the data fiduciary under the Data Protection Act, 2023 in respect of the personal data collected from the End Users and all obligations towards the End Users in respect of the personal data collected from them shall rest with you. Please note that Graphy as the data processor only collects and processes personal data of your End Users on your behalf.
3.4. Platform Usage: (a) You must provide accurate, complete, and truthful information when registering and using the Platform. (b) You will use the Platform only for lawful purposes and in accordance with these Finfluencer Terms and Platform Terms. (c) You will not engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform. (d) You will not attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to Graphy.
3.5. Prohibited Financial Activities (Specific to India): You are prohibited from using the Platform to: (a) Provide Investment Advice or Research Analysis without being a SEBI registered IA or RA, respectively. (b) Make guaranteed returns or unrealistic performance claims for any investment product or strategy. (c) Engage in or promote pump-and-dump schemes, insider trading, market manipulation, or any other fraudulent or unfair trade practice under SEBI regulations. (d) Offer or promote collective investment schemes or other financial products that require specific regulatory approval in India, unless you possess such approval and disclose it. (e) Mislead End Users about the risks involved in financial markets or specific investments. (f) Collect personal data from End Users in violation of Applicable Law, including data privacy rules in India. (g) Indulge in unregulated financial advisory or distribution activities. (h) Violate any of the covenants or obligations set forth in these Terms.
3.6 Monitoring and Assessment: The Finfluencer may undertake continuous monitoring and assessment of the Graphy Platform, and any third party subcontractors engaged by Graphy on behalf of the Finfluencer.
4. Graphy's Rights and Obligations
4.1. Platform Access: Graphy will use commercially reasonable efforts to make the Platform available to you, subject to maintenance, downtime, and unforeseen circumstances.
4.2. Payment Processing: Graphy will facilitate payment processing in INR for transactions between End Users and you through the Platform, using payment gateways compliant with Indian regulations.
4.3. Content Monitoring and Removal (Intermediary Obligation): Graphy reserves the right (but is not obligated) to monitor Finfluencer Content on the Platform. As an intermediary, Graphy may, at its sole discretion, remove or disable access to any Finfluencer Content or suspend or terminate your account if: (a) We believe, in our reasonable judgment, that your finfluencer Content or activities violate these Finfluencer Terms, Platform Terms and/or Applicable Law (especially SEBI regulations or IT Rules 2021), are harmful, illegal, or may expose Graphy to liability. (b) We receive a valid legal notice or government order requiring the removal of specific content. (c) We receive a notice from an affected person alleging violation of IT Rules 2021, and upon review, the content is found to be in violation.
4.4. Compliance with Authorities: Graphy will cooperate with governmental and regulatory authorities (including SEBI, police, courts) as required by Applicable Law and may disclose information about Finfluencers and their Finfluencer Content as legally mandated.
4.5. Platform Modifications: Graphy reserves the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time, with or without notice. Graphy shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
5. Representations and Warranties
In addition to other representations and warranties herein, you represent and warrant to Graphy that: (a) You are a resident of India and have the full right, power, and authority to enter into this Agreement and perform your obligations hereunder under Indian law. (b) Your Finfluencer Content & Services, and their provision through the Platform, do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right under Indian law or any other relevant jurisdiction. (c) You have obtained all necessary permissions, licenses, and consents required under Applicable Law to use and distribute your Finfluencer Content & Services as contemplated by these Terms. (d) Your Finfluencer Content & Services are accurate, truthful, complete, and not misleading, especially in the context of financial information. (e) YOU ARE IN FULL COMPLIANCE WITH ALL APPLICABLE FINANCIAL LAWS, REGULATIONS, AND LICENSING REQUIREMENTS IN INDIA, INCLUDING WITHOUT LIMITATION, SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013 AND SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014, TO THE EXTENT APPLICABLE TO YOUR ACTIVITIES. (f) You will not make any false or misleading representations about Graphy or the Platform. (g) Your use of the Platform and creation of Finfluencer Content complies with the Information Technology Act, 2000 and IT Rules 2021.
6. Disclaimers
6.1. INTERMEDIARY ROLE ONLY: GRAPHY ACTS SOLELY AS AN INTERMEDIARY. GRAPHY DOES NOT PROVIDE FINANCIAL ADVICE, INVESTMENT ADVICE, OR RESEARCH ANALYSIS. ANY CONTENT OR SERVICES ACCESSED THROUGH THE PLATFORM ARE PROVIDED SOLELY BY THE FINFLUENCER. GRAPHY DISCLAIMS ALL LIABILITY RELATED TO THE CONTENT OR SERVICES PROVIDED BY FINFLUENCERS, ESPECIALLY REGARDING THEIR REGULATORY COMPLIANCE AND ACCURACY.
6.2. NO ENDORSEMENT: GRAPHY DOES NOT ENDORSE ANY FINFLUENCER, CONTENT, OR SERVICE AVAILABLE ON THE PLATFORM. YOUR DECISION TO ENGAGE WITH A FINFLUENCER OR PURCHASE CONTENT IS AT YOUR SOLE RISK.
6.3. NO GUARANTEE OF OUTCOME: GRAPHY DOES NOT GUARANTEE ANY FINANCIAL OUTCOME OR PROFITABILITY FOR END USERS BASED ON THE CONTENT OR SERVICES. INVESTING AND FINANCIAL DECISIONS INVOLVE RISK, AND END USERS ARE SOLELY RESPONSIBLE FOR THEIR DECISIONS. FINFLUENCERS ARE SOLELY RESPONSIBLE FOR MAKING ALL NECESSARY RISK DISCLOSURES TO END USERS AS REQUIRED BY APPLICABLE LAW.
7. Indemnification
You agree to defend, indemnify, and hold harmless Graphy, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) Your access to or use of the Platform; (b) Your breach of any of these Platform Terms and/or Finfluencer Terms, including your representations and warranties; (c) Your Finfluencer Content and/or Finfluencer Services, including any claim that your Finfluencer Content or Finfluencer Services violates Applicable Law or infringes, violates, or misappropriates the rights of any third party; (d) Your violation of any Applicable Law or regulation, INCLUDING, WITHOUT LIMITATION, THE SEBI ACT, SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013, SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014, INFORMATION TECHNOLOGY ACT, 2000, IT RULES 2021, THE CONSUMER PROTECTION ACT, 2019; (e) Your interactions with End Users or any dispute between you and an End User; (f) Your action of making available the Finfluencer Content and/or Finfluencer Services to the End Users prior to completing KYC; or (g) Any negligent or willful misconduct by you.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING UNDER THE INDIAN CONTRACT ACT, 1872), IN NO EVENT SHALL GRAPHY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9. Term and Termination
9.1. Term: These Terms commence on the date you accept them and will continue until terminated as set forth herein/upon the expiry of the Subscription (the "Term").
9.2. Termination by Graphy For Cause: Graphy may terminate these Finfluencer Terms, Platform Terms and your access to the Platform immediately upon written notice if: (a) You commit a material breach of these Terms that is not cured within 7 days of receiving written notice from Graphy specifying the breach, if the breach is curable; (b) You breach Section 3 (Your Obligations as a Finfluencer), especially regarding legal compliance, licensing, or prohibited activities; (c) You violate any Applicable Law, PARTICULARLY SEBI REGULATIONS, THE INFORMATION TECHNOLOGY ACT, 2000 OR IT RULES 2021, OR THE CONSUMER PROTECTION ACT, 2019; (d) Your Finfluencer Content or conduct results in or is likely to result in significant harm to Graphy, the Platform, other users, End Users, or Graphy's reputation; (e) You become the subject of a bankruptcy, insolvency, or receivership proceeding in India; (f) Graphy is required to do so by Applicable Law or by a governmental authority in India.
9.3. Effect of Termination: Upon termination of these Terms for any reason: (a) Your right to access and use the Platform as a Finfluencer will immediately cease. (b) Graphy may, but is not obligated to, remove your Finfluencer Content from the Platform, subject to its obligations as an intermediary under Applicable Law. Graphy is not responsible for maintaining copies of your Finfluencer Content upon termination. (c) Graphy will process any outstanding payouts due to you as per the standard payout schedule, subject to deduction of Fees, refunds, chargebacks, and any amounts you owe to Graphy, including applicable taxes/TDS. (d) Any sections and other provisions that by their nature should survive termination, shall survive the termination of these Terms.
10. General Provisions
10.1. Entire Agreement: These Finfluencer Terms, together with Platform Terms and any other policies or guidelines referenced herein, constitute the entire agreement between you and Graphy concerning your use of the Platform as a Finfluencer and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
10.2. Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Graphy. Graphy may assign or transfer these Terms without restriction.
10.3. Waiver: The failure of Graphy to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
10.4. Severability: If any provision of these Terms is held to be invalid or unenforceable under Applicable Law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
10.5. Notices: Any notices or communications required or permitted under these Terms will be in writing and delivered electronically (e.g., via email to the address associated with your account or posted on the Platform) or by recognized overnight courier or registered post with acknowledgment due, to the addresses set forth in the preamble or as otherwise specified by the parties. Electronic notices are deemed received when sent.
10.6. Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between Graphy and the Finfluencer. You are operating as an independent contractor. You have no authority to bind Graphy to any obligation.
11. Acceptance
By clicking "I Agree," "Sign Up," or otherwise accessing or using the Platform as a Finfluencer, you acknowledge that you have read, understood, and agree to be bound by these Finfluencer Terms and Platform Terms.
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Terms of Service
Last Updated: 19th December 2025
I. GENERAL TERMS AND CONDITIONS
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 Graphy Labs 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.
These Terms of Service along with the Privacy Policy, Data Processing Addendum, Refund Policy, the User Guidelines, the Takedown Policy and Cookies Policy any other terms and conditions updated on the Platform or communicated to you from time to time (collectively referred to as the “Platform Terms”), defines the relationship and responsibilities between you and Graphy, and it governs your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms, and such acceptance of the Platform Terms forms a legally binding agreement between you and Graphy (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available on the Platform for your reference. By visiting the Platform, providing your Personal Data (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
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.
About Graphy Platform:
Graphy Platform is owned by Graphy Labs Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at 11/1, 12/1, Maruthi Infotech Centre, 5th Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, 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.
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”):
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.
You represent that the information provided by you at the time of the registration are correct, true and accurate and you are authorized to provide such information, 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, 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:
F. Your Content and Ownership:
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:
You understand and agree that you are solely and exclusively responsible for your Page, determination of Creator’s Fee, access to Content and the overall management of your Page (excluding the technological reliance on Graphy) and the services offered therein in accordance with the applicable laws and the Platform Terms. You are solely responsible for publishing any terms and conditions, privacy policies and any other terms and conditions or policies that shall be applicable for your Page Users. All terms and policies made available by you must be in compliance of the applicable laws, including Data Protection Laws (as defined in the Privacy Policy) 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.
J. 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.
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 protected] with complete details as required under the Takedown Policy.
M. Communications:
Please note that –
N. Processing of Personal Data:
All our collection, processing, sharing, and storing of any Personal Data (as defined in the Privacy Policy) collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measures undertaken by Graphy to safeguard your Personal Data. Should you have any queries in respect of the same, please feel free to right to us at [email protected].
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.
By using our Service, you hereby agree to comply with all applicable Data Protection Laws and other security and regulatory compliances in respect of any information that you make available on the Platform or otherwise collect from your End-Users. You are responsible for protecting all Personal Data that you receive from or are provided with in connection with your Page, use of the Platform, or any of the Services. You are also responsible for providing an appropriate privacy notice and cookies policy to your End-Users that detail, among other things, the processing activities and security measures undertaken by you in respect of your End-Users’ Data (as defined in the Privacy Policy) within and beyond the scope of this Platform in accordance with applicable laws.
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.
P. Pricing, Payments, and Refunds:
We offer various types of Subscription Plans, and Graphy’s Fee structure for each Subscription Plan differs. Please go through the details provided on our Pricing Page carefully before making any purchase.
Our billing cycles depend on the Subscription Plan you select while purchasing. Payment will be charged to your chosen payment method at confirmation of your purchase in accordance with the billing cycle applicable for your Subscription Plan.
We may use third-party service provider(s) to manage all our Subscriptions, including their purchases, renewals, cancellations, and invoicing (“Subscription Manager(s)”). Accordingly, we may not collect any payment related information such as credit/debit card details, UPIs, and bank account details from you, and all such Sensitive Personal Data, in such cases, shall be collected and processed by such Subscription Manager(s). Subject to your authorization and applicable laws, You agree that Graphy may, if applicable, as per your chosen Subscription Plan, charge any recurring service to the credit card or debit card that you provide at the time of your first purchase of the Subscription through the Subscription Manager(s) or as updated by you through the Subscription Manager(s), provided such updation takes place prior to upcoming billing period, as applicable.
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. If you have not completed payments for your Subscriptions, we may restrict your access to the Platform until your account becomes current and paid in full.
Your payments to Graphy shall be subject to applicable taxes including without limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other similar taxes as may be applicable in your country of residence/from where you have created your account on the Platform/ purchased the underlying Subscriptions.
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.
If you are unclear on the payments applicable to your Subscription Plan, then please write to us at the email address provided in the 'Contact for User Support/Queries' section below.
We reserve the right to change/revise the pricing of the 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 Subscription.
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.
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.
Graphy cannot and does not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Providers or its respective websites or (ii) control collection or use of your Personal Data by such Third-Party Service Providers. Hence, prior to using any services offered by a Third-Party Service Providers, 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 Personal Data is being processed. Graphy is not affiliated to any Third-Party Service Provider and neither Graphy nor any of the Third-Party Service Providers are agents or employees of the other.
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).
Please note that all Fee(s) payments are collected by Graphy only through the Platform and not through any third parties (except Third-Party Service Provider(s)). We do not usually authorize any third party (except Third-Party Service Provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from Graphy either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the 'Contact for User Support/Queries' section below.
Further, Graphy is solely authorized to offer discounts / offers, if any, on Graphy's Fee. These discounts / offers are communicated on the Platform or via direct communication to you from Graphy via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by Graphy. Other than Graphy, no person is allowed to offer any discounts on Graphy's Fee offered on the Platform. Graphy shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person (including any third-party platform), other than Graphy.
With an intent to have a more user-friendly transaction model for payment of the Creator's Fee, we allow Creators to integrate various third-party payment aggregators to process payments for products, services, or other content purchased through the Creator's Page (“Third-Party Payment Aggregators”) by End Users. Third-Party Payment Aggregators made available to you may vary depending on your territory. Once selected, the Third-Party Payment Aggregator(s) may need you to create an account on their platform or provide the information of your existing account(s) with them and agree to such Third-Party Payment Aggregator's terms and conditions and privacy policy. Once you have enabled payments on the Platform and registered with the Third- Party Payment Aggregator(s) 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 End-Users and directing payouts to you and any bank accounts identified by you. The Third-Party Payment Aggregator(s) will collect the amounts paid by your End-Users and remit the collected amounts to you after deduction of their fee, if any, and applicable taxes. Please note Third-Party Payment Aggregators 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 Payment Aggregators, 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; this is also because, when you use the services or platform offered by such Third-Party Payment Aggregator, you agree to their respective terms and policies. Graphy is not affiliated with their Third- Party Payment Aggregators and neither Graphy nor any of the Third-Party Payment Aggregators are agents or employees of the other.
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.
Please note that we may need to retain some or all of the information that we have collected from you directly (i.e., excluding any Content on Creator's Page and Creator's End-Users' Data) in order comply with our legal and business obligations. Please refer to our Privacy Policy to know our data retention practices.
S. 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, 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.
V. 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.
W. General Provisions:
X. Contact for User Support/Queries
For queries relating to Services offered by Graphy, please write to us at [email protected].
II. COUNTRY SPECIFIC TERMS AND CONDITIONS
Applicable in respect of Content published by Creators from India.
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 -
Contact: [email protected]
C. Contact Us:
If you have concerns or queries regarding the Agreement, you may write to us by email at [email protected] or by post to:
Graphy Labs Private Limited
Registered office: 11/1, 12/1, Maruthi Infotech Centre, 5th 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. 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 [email protected].
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 [email protected] or by post to:
Graphy INC
Vistra (Delaware) Ltd, 3500 South Dupont HWY
Dover, Kent, DE 19901
III. Graphy AI Avatar: Terms and Conditions
The Graphy AI Avatar program ("Program") is a feature introduced by Graphy Labs Private Limited ("Graphy") for use by Creators subject to the terms and conditions provided herein ("Program Terms").
Creators are not in any way bound to participate in or create avatars using the Program. Any participation is voluntary.
The avatar created shall be in the nature of a digital assistant, chat function or public link which is based on the style, tone and personality or any other features of a Creator's identity ("Avatar") available on the Creator's page.
The Avatar may be used to answer routine questions asked by Creator's End Users, conduct conversations with End Users and/or drive conversion by providing outputs ("Avatar Output") based on the Training Content (defined below) provided by the Creator.
Please note that the Avatar is created based on the Training Content provided by the Avatar as well as the web data that the bot has access to. In order to build the Avatar, Creator shall be required to provide URLs to the Creator's content available online including but not limited to Creator's social media, information pertaining to the Creator online, videos of the Creators in the required fields to train the bot, which are publicly available and free to use ("Training Content"). Training Content shall not include any content behind a paywall or any website which requires authentication.
The Creator may always disable Training Content provided which is used to train the Avatar. The Creator may choose to restrict the Avatar to respond using only the Training Content provided by the Creator. Creators are encouraged to monitor the Avatar Output from time to time as the Creator controls the Avatar Output at all times.
Prohibited Activities
The Avatar of a Creator shall not impersonate or use any features of any individual's identity other than that of the Creator. Creators shall be solely responsible in the event of any legal proceedings initiated against them due to impersonation of any individual including but not limited to celebrities or politicians, without their express written consent.
Creator's Training Content and Avatar Output shall not infringe any third party intellectual property rights.
Creator confirms that Training Content and/or Avatar Output shall not contain any material which is:
Prohibited Activities
The Avatar of a Creator shall not impersonate or use any features of any individual's identity other than that of the Creator. Creators shall be solely responsible in the event of any legal proceedings initiated against them due to impersonation of any individual including but not limited to celebrities or politicians, without their express written consent.
Creator's Training Content and Avatar Output shall not infringe any third party intellectual property rights.
Creator confirms that Training Content and/or Avatar Output shall not contain any material which is:
Ownership of Avatar and Avatar's Output
Creators shall be solely responsible and shall be the owner of the Avatar which they create on the Graphy platform and shall own and shall be liable for the Avatar Output provided by the Avatar during the online chats with the End Users.
Graphy shall not use your Avatar or use and/or share the Training Content with any other third parties other than for rendering services to you on the platform.
Monitoring and Enforcement
Graphy have the right to:
Graphy does not review the Training Content or Avatar Output and accordingly, we assume no liability for any action, communications or content provided by the Creator.
Disclaimer of Warranties
YOUR USE OF THE PROGRAM, ANY SERVICES OR AVATAR OUTPUT GENERATED IS AT YOUR OWN RISK. THE PROGRAM AND ANY SERVICES OR ITEMS RELATED TO THE PROGRAM OBTAINED THROUGH GRAPHY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PROGRAM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH USE OF GRAPHY WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED OR, THAT ANY SERVICES OR ITEMS OBTAINED THROUGH USE OF THE PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GRAPHY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROGRAM, ANY AVATAR OUTPUT GENERATED OR ITEMS OBTAINED THROUGH USE OF THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Program Terms.
Termination
In the event you cease to be a Creator on Graphy or are disqualified from the Program, Graphy will disable your Avatar on the Graphy platform.
In the event you cease to be a Creator on Graphy or are disqualified from the Program, Graphy will disable your Avatar on the Graphy platform.
Effective Date: 23rd July 2025
In addition to the Platform Terms above, these additional terms and conditions ("FinfluencerTerms") shall be applicable to you if you are an individual or entity resident in India and is using the Graphy platform as a Creator providing financial content and services to your End Users("Finfluencer", "you", or "your).
By using the Platform as a Finfluencer, you agree to be bound by these Finfluencer Terms, Platform Terms, and any other policies or guidelines referenced herein or provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM AS A FINFLUENCER.
1. Definitions
1.1 Finfluencer Content: All information, data, text, photographs, graphics, video, audio, messages, software, scripts, and other materials and Content that the Finfluencer creates, uploads, posts, publishes, or otherwise makes available through the Platform or channels accessed through the Platform. This specifically includes courses, webinars, documents, advice, commentary, or any other material related to finance offered by the Finfluencer.
1.2 Finfluencer: A Creator who is an individual or entity residing in India registered on the Platform to create, upload, market, and sell Finfluencer Content and Finfluencer Services within the financial education, advice, or commentary domain to End Users in India.
1.3 Finfluencer Services: The specific offerings provided by the Finfluencer through the Platform to End Users, which may include courses, webinars, memberships, consulting, or access to premium content.
1.4 Applicable Law: All applicable laws, statutes, rules, regulations, notifications, and guidelines in force in India, including but not limited to the Securities and Exchange Board of India Act, 1992, SEBI (Investment Advisers) Regulations, 2013, SEBI (Research Analysts) Regulations, 2014,Guidelines for Research Analysts dated 8th Jan 2025, the Information Technology Act, 2000 and the rules framed thereunder (especially the IT Rules 2021), the Consumer Protection Act, 2019, and data privacy laws (including the Digital Personal Data Protection Bill, 2023, once effective).
2. Graphy's Role - INTERMEDIARY ONLY
2.1. Platform Provider: Graphy provides the technical platform and tools that enable Finfluencers residing in India to independently create, upload, manage, market, and sell their Finfluencer Content and Finfluencer Services (collectively “Finfluencer Content & Services” ) directly to End Users located in India. In order to enable Graphy to provide its services, Graphy shall engage third-party sub-contractors to facilitate KYC services (“KYC Partner(s)”) on behalf of the Finfluencers. It is clarified that Graphy merely facilitates the collection of KYC documents through the KYC Partner and no core function of the Finfluencer, including but not limited to KYC verification, is undertaken by Graphy.
2.2. NOT a Financial Service Provider: YOU ACKNOWLEDGE AND AGREE THAT GRAPHY IS SOLELY A TECHNOLOGY PLATFORM PROVIDER AND INTERMEDIARY AND IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL ADVICE, INVESTMENT ADVICE, RESEARCH ANALYSIS, BROKERAGE SERVICES, OR ANY OTHER REGULATED FINANCIAL SERVICES UNDER APPLICABLE LAW IN INDIA. Graphy does not endorse, recommend, or guarantee the accuracy, completeness, or suitability of any Finfluencer Content & Service provided by any Finfluencer or any services provided by KYC Partners.
2.3. No Responsibility for Content: As an intermediary under Applicable Law, Graphy does not review, edit, or control the Finfluencer Content created or uploaded by Finfluencers except as required to comply with Applicable Law (including IT Rules 2021) or these Terms. You are solely responsible for your Finfluencer Content & Services, their accuracy, legality, compliance with regulations (especially SEBI regulations), and appropriateness for End Users. Graphy expressly disclaims any liability arising from or related to the Finfluencer Content or Finfluencer Services provided by Finfluencers.
2.4. No Relationship with End Users: Graphy Platform is merely a technology that facilitates creation and sale of Finfluencer Content & Services by Finfluencer and enables interaction between Finfluencers and their End-Users in association with such Content. It is clarified that the contractual relationship regarding the Finfluencer Content & Services themselves is solely between the Finfluencer and the End User. Graphy is not a party to that relationship.
3. Your Obligations as a Finfluencer
3.1. Legal Compliance & Licensing (CRITICAL FOR FINFLUENCERS IN INDIA): (a) You represent and warrant that you will comply with ALL Applicable Law in connection with your use of the Platform, creation of Finfluencer Content, provision of Finfluencer Services, and interaction with your End Users. (b) YOU SPECIFICALLY REPRESENT AND WARRANT THAT IF YOUR CONTENT OR SERVICES CONSTITUTE "INVESTMENT ADVICE" OR "RESEARCH ANALYSIS" AS DEFINED UNDER SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013 OR SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014 RESPECTIVELY, YOU ARE DULY REGISTERED WITH SEBI AS AN INVESTMENT ADVISER (IA) OR RESEARCH ANALYST (RA) AND POSSESS ALL NECESSARY LICENSES, REGISTRATIONS, PERMITS, OR APPROVALS REQUIRED UNDER APPLICABLE LAW. You shall provide proof of such registration and licenses to Graphy upon request and shall maintain such registration and licenses in good standing throughout the Term of this Agreement. (c) If your Content or Services do not constitute "Investment Advice" or "Research Analysis" under SEBI regulations, you represent and warrant that your Content and Services are strictly for educational purposes only and do not involve personalized recommendations or opinions about investing in, purchasing, selling, or otherwise dealing in securities or investment products. (d) You shall immediately notify Graphy if any of your SEBI registrations, licenses, or other regulatory approvals are suspended, revoked, or subject to any inquiry or disciplinary action and shall immediately cease providing Finfluencer Content & Services to End Users. (e) You shall prominently display all disclaimers and disclosures required by Applicable Law (including SEBI guidelines and ASCI guidelines for financial advertising) in your Content and on your profile on the Platform, including your SEBI registration number if applicable, and a clear statement on whether your content is "investment advice" or "for educational purposes only." (f) You shall comply with the due diligence obligations imposed on users by the IT Rules 2021 regarding prohibited content.
3.2. Finfluencer Content Accuracy and Legality: Your Finfluencer Content and Finfluencer Services must be accurate, complete, not misleading, and comply with all Applicable Law, including those related to advertising, financial promotion, and consumer protection (Consumer Protection Act, 2019). (b) Your Finfluencer Content must not host, display, upload, modify, publish, transmit, store, update or share any information that: (i) is defamatory, obscene, pornographic, pedophilic, 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 of India; (ii) infringes any patent, trademark, copyright or other proprietary rights of any person; (iii) violates any law for the time being in force; (iv) deceives or misleads the addresses 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; (v) impersonates another person; (vi) threatens the unity, integrity, defence, 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; (vii) contains software virus or any other computer code, file or programme designed to interrupt, destroy or limit the functionality of any computer resource; (viii) 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. (c) Your Finfluencer Content must not infringe upon or misappropriate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
3.3. End Customer Relationship: (a) You are solely responsible for handling all inquiries, complaints, and support requests from End Users related to your Finfluencer Content & Services. (b) You must provide accurate descriptions of your Finfluencer Content & Services, pricing, and refund policies (if any), which must comply with the Consumer Protection Act,2019. (c) You shall be the data fiduciary under the Data Protection Act, 2023 in respect of the personal data collected from the End Users and all obligations towards the End Users in respect of the personal data collected from them shall rest with you. Please note that Graphy as the data processor only collects and processes personal data of your End Users on your behalf.
3.4. Platform Usage: (a) You must provide accurate, complete, and truthful information when registering and using the Platform. (b) You will use the Platform only for lawful purposes and in accordance with these Finfluencer Terms and Platform Terms. (c) You will not engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform. (d) You will not attempt to gain unauthorized access to any portion of the Platform or any other accounts, computer systems, or networks connected to Graphy.
3.5. Prohibited Financial Activities (Specific to India): You are prohibited from using the Platform to: (a) Provide Investment Advice or Research Analysis without being a SEBI registered IA or RA, respectively. (b) Make guaranteed returns or unrealistic performance claims for any investment product or strategy. (c) Engage in or promote pump-and-dump schemes, insider trading, market manipulation, or any other fraudulent or unfair trade practice under SEBI regulations. (d) Offer or promote collective investment schemes or other financial products that require specific regulatory approval in India, unless you possess such approval and disclose it. (e) Mislead End Users about the risks involved in financial markets or specific investments. (f) Collect personal data from End Users in violation of Applicable Law, including data privacy rules in India. (g) Indulge in unregulated financial advisory or distribution activities. (h) Violate any of the covenants or obligations set forth in these Terms.
3.6 Monitoring and Assessment: The Finfluencer may undertake continuous monitoring and assessment of the Graphy Platform, and any third party subcontractors engaged by Graphy on behalf of the Finfluencer.
4. Graphy's Rights and Obligations
4.1. Platform Access: Graphy will use commercially reasonable efforts to make the Platform available to you, subject to maintenance, downtime, and unforeseen circumstances.
4.2. Payment Processing: Graphy will facilitate payment processing in INR for transactions between End Users and you through the Platform, using payment gateways compliant with Indian regulations.
4.3. Content Monitoring and Removal (Intermediary Obligation): Graphy reserves the right (but is not obligated) to monitor Finfluencer Content on the Platform. As an intermediary, Graphy may, at its sole discretion, remove or disable access to any Finfluencer Content or suspend or terminate your account if: (a) We believe, in our reasonable judgment, that your finfluencer Content or activities violate these Finfluencer Terms, Platform Terms and/or Applicable Law (especially SEBI regulations or IT Rules 2021), are harmful, illegal, or may expose Graphy to liability. (b) We receive a valid legal notice or government order requiring the removal of specific content. (c) We receive a notice from an affected person alleging violation of IT Rules 2021, and upon review, the content is found to be in violation.
4.4. Compliance with Authorities: Graphy will cooperate with governmental and regulatory authorities (including SEBI, police, courts) as required by Applicable Law and may disclose information about Finfluencers and their Finfluencer Content as legally mandated.
4.5. Platform Modifications: Graphy reserves the right to modify, suspend, or discontinue the Platform (or any part thereof) at any time, with or without notice. Graphy shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
5. Representations and Warranties
In addition to other representations and warranties herein, you represent and warrant to Graphy that: (a) You are a resident of India and have the full right, power, and authority to enter into this Agreement and perform your obligations hereunder under Indian law. (b) Your Finfluencer Content & Services, and their provision through the Platform, do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right under Indian law or any other relevant jurisdiction. (c) You have obtained all necessary permissions, licenses, and consents required under Applicable Law to use and distribute your Finfluencer Content & Services as contemplated by these Terms. (d) Your Finfluencer Content & Services are accurate, truthful, complete, and not misleading, especially in the context of financial information. (e) YOU ARE IN FULL COMPLIANCE WITH ALL APPLICABLE FINANCIAL LAWS, REGULATIONS, AND LICENSING REQUIREMENTS IN INDIA, INCLUDING WITHOUT LIMITATION, SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013 AND SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014, TO THE EXTENT APPLICABLE TO YOUR ACTIVITIES. (f) You will not make any false or misleading representations about Graphy or the Platform. (g) Your use of the Platform and creation of Finfluencer Content complies with the Information Technology Act, 2000 and IT Rules 2021.
6. Disclaimers
6.1. INTERMEDIARY ROLE ONLY: GRAPHY ACTS SOLELY AS AN INTERMEDIARY. GRAPHY DOES NOT PROVIDE FINANCIAL ADVICE, INVESTMENT ADVICE, OR RESEARCH ANALYSIS. ANY CONTENT OR SERVICES ACCESSED THROUGH THE PLATFORM ARE PROVIDED SOLELY BY THE FINFLUENCER. GRAPHY DISCLAIMS ALL LIABILITY RELATED TO THE CONTENT OR SERVICES PROVIDED BY FINFLUENCERS, ESPECIALLY REGARDING THEIR REGULATORY COMPLIANCE AND ACCURACY.
6.2. NO ENDORSEMENT: GRAPHY DOES NOT ENDORSE ANY FINFLUENCER, CONTENT, OR SERVICE AVAILABLE ON THE PLATFORM. YOUR DECISION TO ENGAGE WITH A FINFLUENCER OR PURCHASE CONTENT IS AT YOUR SOLE RISK.
6.3. NO GUARANTEE OF OUTCOME: GRAPHY DOES NOT GUARANTEE ANY FINANCIAL OUTCOME OR PROFITABILITY FOR END USERS BASED ON THE CONTENT OR SERVICES. INVESTING AND FINANCIAL DECISIONS INVOLVE RISK, AND END USERS ARE SOLELY RESPONSIBLE FOR THEIR DECISIONS. FINFLUENCERS ARE SOLELY RESPONSIBLE FOR MAKING ALL NECESSARY RISK DISCLOSURES TO END USERS AS REQUIRED BY APPLICABLE LAW.
7. Indemnification
You agree to defend, indemnify, and hold harmless Graphy, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) Your access to or use of the Platform; (b) Your breach of any of these Platform Terms and/or Finfluencer Terms, including your representations and warranties; (c) Your Finfluencer Content and/or Finfluencer Services, including any claim that your Finfluencer Content or Finfluencer Services violates Applicable Law or infringes, violates, or misappropriates the rights of any third party; (d) Your violation of any Applicable Law or regulation, INCLUDING, WITHOUT LIMITATION, THE SEBI ACT, SEBI (INVESTMENT ADVISERS) REGULATIONS, 2013, SEBI (RESEARCH ANALYSTS) REGULATIONS, 2014, INFORMATION TECHNOLOGY ACT, 2000, IT RULES 2021, THE CONSUMER PROTECTION ACT, 2019; (e) Your interactions with End Users or any dispute between you and an End User; (f) Your action of making available the Finfluencer Content and/or Finfluencer Services to the End Users prior to completing KYC; or (g) Any negligent or willful misconduct by you.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING UNDER THE INDIAN CONTRACT ACT, 1872), IN NO EVENT SHALL GRAPHY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9. Term and Termination
9.1. Term: These Terms commence on the date you accept them and will continue until terminated as set forth herein/upon the expiry of the Subscription (the "Term").
9.2. Termination by Graphy For Cause: Graphy may terminate these Finfluencer Terms, Platform Terms and your access to the Platform immediately upon written notice if: (a) You commit a material breach of these Terms that is not cured within 7 days of receiving written notice from Graphy specifying the breach, if the breach is curable; (b) You breach Section 3 (Your Obligations as a Finfluencer), especially regarding legal compliance, licensing, or prohibited activities; (c) You violate any Applicable Law, PARTICULARLY SEBI REGULATIONS, THE INFORMATION TECHNOLOGY ACT, 2000 OR IT RULES 2021, OR THE CONSUMER PROTECTION ACT, 2019; (d) Your Finfluencer Content or conduct results in or is likely to result in significant harm to Graphy, the Platform, other users, End Users, or Graphy's reputation; (e) You become the subject of a bankruptcy, insolvency, or receivership proceeding in India; (f) Graphy is required to do so by Applicable Law or by a governmental authority in India.
9.3. Effect of Termination: Upon termination of these Terms for any reason: (a) Your right to access and use the Platform as a Finfluencer will immediately cease. (b) Graphy may, but is not obligated to, remove your Finfluencer Content from the Platform, subject to its obligations as an intermediary under Applicable Law. Graphy is not responsible for maintaining copies of your Finfluencer Content upon termination. (c) Graphy will process any outstanding payouts due to you as per the standard payout schedule, subject to deduction of Fees, refunds, chargebacks, and any amounts you owe to Graphy, including applicable taxes/TDS. (d) Any sections and other provisions that by their nature should survive termination, shall survive the termination of these Terms.
10. General Provisions
10.1. Entire Agreement: These Finfluencer Terms, together with Platform Terms and any other policies or guidelines referenced herein, constitute the entire agreement between you and Graphy concerning your use of the Platform as a Finfluencer and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
10.2. Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of Graphy. Graphy may assign or transfer these Terms without restriction.
10.3. Waiver: The failure of Graphy to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
10.4. Severability: If any provision of these Terms is held to be invalid or unenforceable under Applicable Law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
10.5. Notices: Any notices or communications required or permitted under these Terms will be in writing and delivered electronically (e.g., via email to the address associated with your account or posted on the Platform) or by recognized overnight courier or registered post with acknowledgment due, to the addresses set forth in the preamble or as otherwise specified by the parties. Electronic notices are deemed received when sent.
10.6. Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between Graphy and the Finfluencer. You are operating as an independent contractor. You have no authority to bind Graphy to any obligation.
11. Acceptance
By clicking "I Agree," "Sign Up," or otherwise accessing or using the Platform as a Finfluencer, you acknowledge that you have read, understood, and agree to be bound by these Finfluencer Terms and Platform Terms.
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