Our
Legal Framework!

EFFECTIVE DATE: August 26, 2022

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR THE KOFLUENCE MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This is a legal agreement between You, the potential user of this website/mobile applications (“You” or “Your” or “User” or “Influencer”) and Kofluence Tech. Private Limited (previously known as Kofluence Tech LLP) (“We” or “Us” or “Our” or “Kofluence”). This agreement is in accordance with Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. Specifically, Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which mandates an intermediary to publish rules and regulations, privacy policy and the terms and conditions for access or usage of websites and mobile applications.

1. GENERAL TERMS

1. Kofluence is a platform for showcasing and posting various campaigns for brands which have tie ups with Kofluence, through which Influencers can participate in such promotional campaigns. Your use of Our services offered on or through the Kofluence website and mobile application (the “Platform”) is conditioned upon Your acceptance without modification of these General Terms and Conditions (“General Terms & Conditions” or “Terms & Conditions”) and the terms and conditions set out in the Agreement between Kofluence and the Brands (“Brand Terms & Conditions”). 
2. These General Terms & Conditions apply to the entire content of the Platform (defined hereinafter) without limitation and should be read carefully along with the specific Terms and Conditions for Influencers and Brands (collectively “Specific Terms & Conditions”). 
3. The use of this Platform and its related services and tools are governed collectively by the “Terms & Conditions” and “Privacy Policy” as may be applicable. When You use any of the services provided by Kofluence, including but not limited to customer reviews, You will be subject to the rules, regulations, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into these General Terms & Conditions and shall be considered as part and parcel of these General Terms & Conditions.
4. If You do not agree to these General Terms & Conditions read with other Specific Terms & Conditions and/or other documents / information / rules / regulations, You should not use the services provided by the Platform.
5. You understand and agree that by using the Platform You agree to comply with and be bound by this Agreement which forms a binding Agreement between You and Us. By using the Services, You represent and warrant that You are of legal age to form a binding contract with us. Anything done, caused to be done, whether expressly or impliedly in contravention of these Terms & Conditions may render You liable for legal action. 
6. Your right to use the services provided by Kofluence is subject to limitations, conditions, modifications, and restrictions established by us from time to time, at our sole discretion. We may alter, suspend, or discontinue the Services at any time, without any prior intimation to the user. We may also impose limits on certain features and aspects of the Services or restrict Your access to certain parts of the Services or all of the Services without any intimation and liability on us.

1. ELIGIBILITY

Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors (below the age of 18 years), un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. If a minor wishes to use the Platform, such use or transaction may be made by the minor’s legal guardian or parents. Kofluence reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to Kofluence’s notice or if it is discovered that such person is not eligible to use the Platform. 

1. REGISTRATION

1. Kofluence is pleased to offer the users access to the Platform through any compatible device with ability to collaborate with Brands by participating in the Campaigns / promotional activities offered by the Brands through the Kofluence platform in consideration of Fees / Compensation.
2. In order to use the Platform, as part of the registration process, You will be required to provide certain information and details, including an e-mail id and any other information deemed necessary by Kofluence. You hereby acknowledge that You will be fully responsible for all activities that occur under Your Account.
3. While registering with Us to use the Platform, You shall not: (i) Create an Account for anyone apart from yourself, unless such person’s prior permission has been obtained; (ii) Use an Account that is in the name of another person with the intent to impersonate that person; (iii) Use a name for the Account which is offensive, vulgar or obscene or otherwise unlawful; or (iv) Create more than one Account on the Platform. 
4. You shall be responsible for maintaining the confidentiality and security of the password for all activities that occur in and through Your Account. Kofluence and its affiliates/partners are not liable for any harm caused by or related to the theft of Your ID, disclosure of Your Account/ account information by You or Your authorization to allow another person to access and use Your account. However, You may be liable to Kofluence and its affiliates/partners for the losses caused to them due to such unauthorized use. In case of any misappropriation or unauthorized access of the Account You agree to communicate the same promptly to Kofluence. Any response from Kofluence regarding this will be sent to the e-mail address which was used at the time of sign up. To ensure complete protection, You shall ensure that You exit from Account at the end of each session.
5. You shall ensure that the account information provided by You is complete, accurate and up-to-date. In case You wish to update or correct the information provided by You, You may do so by visiting “Edit Profile” section on the Platform, or by writing to us at hi@kofluence.com. Furthermore, if You wish to remove Your profile from the Platform, You may do so by writing to us at hi@kofluence.com. 
6. You hereby agree that if You provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Kofluence has reasonable grounds to suspect that that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, Kofluence shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform and refuse to provide You with access to the Platform.

1. CAMPAIGN TERMS

1. You hereby understand that Kofluence may, using the Platform, conduct online campaigns for its clients in order to promote and increase the popularity of the brands of its clients (the “Campaign”). You further understand that for Influencers to participate in a particular Campaign, Kofluence may, from time to time, at its sole discretion send invites to such Influencers in accordance with these Terms and the Brand Terms and Conditions, as it may deem fit. Only upon receiving an invite and acceptance by the Influencer, they will be able to view a particular Campaign posted on the Platform.
2. Should You receive an invite to participate in a Campaign, You shall be required to provide Kofluence with certain user information/documentation for verification, Kofluence shall inform You of the same and You shall accordingly be entitled to participate in the Campaign.
3. As part of Your participation in the Campaign, You will have to promote the content relating to Brands on such social media channels used by You, including but not limited to Instagram, in a form and manner acceptable to Kofluence and the Brand (“Campaign Content”). All posts by You relating to the campaign shall necessarily include the hashtags (#) as informed to You by Kofluence. You hereby agree that You shall not change, modify, adapt, delete or alter the Campaign Content, unless instructed by Kofluence.
4. In the event that Kofluence is of an opinion that there is an error or defect in the Campaign Content posted by You, it may either require You to rectify the same and complete the Campaign again or disqualify You from the Campaign. 
5. Additionally, if Kofluence is of an opinion that the views generated by You are fake or You have indulged in any fraudulent activity including but not limited to creating fake traffic to Your posts, Kofluence shall not make any payment of fees to You and disqualify You from participating in the Campaigns. Kofluence reserves the right to determine what would constitute generating fake traffic, in its own discretion.
6. You acknowledge and understand that You are solely responsible for Campaign Content You upload, post, publish, transmit or otherwise make available on Your social media channels or the Platform, subject to these Terms. You hereby undertake that while posting any Campaign Content You shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, You shall not post any Campaign Content that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986. You agree that for such posts, Kofluence shall also be entitled to take all action available to it, including black-listing or blocking You from using the Platform.
7. Kofluence shall not be responsible or liable for the content of any user and You acknowledge that Kofluence does not endorse any Campaign Content on the Platform.
8. Kofluence may review Your conduct for compliance purposes but shall have no obligation to do so. Accordingly, Kofluence shall have the right, but not the obligation, to monitor access to or use of the Website to ensure Your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion. Kofluence further reserves the right to remove any Campaign Content from the Platform for any reason, without prior notice to You.
9. You hereby agree and acknowledge that the Campaign Content is created as work for hire for Kofluence and shall belong to and be the absolute, sole and exclusive property of Kofluence. You agree to assign, and does hereby irrevocably transfer and assign, to Kofluence all of Your rights, title and interests in and with respect to all Campaign Content, worldwide, along with any registrations of or applications to register such rights. You hereby waive and agree never to assert any of rights on any copyright work originated, conceived, written or made by You (either alone or with any third party) as part of the Campaign Content. You further agree not to claim that any treatment, exploitation or use of the Campaign Content infringes such rights including but not limited to the right to be indemnified.
10. You represent and warrant that (i) You are solely responsible for the Campaign Content posted by You on Your social media channels and subsequently posted on the Platform in accordance with these Terms or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) You have obtained all relevant consents and approvals in order to post any Campaign Content; and (iii) the posting and use of Your Campaign Content on the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You further represent and warrant that, as at the date that the Campaign Content is posted or submitted on the Website: (i) the Campaign Content is accurate; (ii) use of the Campaign Content You supply does not breach these Terms; and (iii) that such Campaign Content is lawful.
11. You shall not use the Platform for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to Your use of the Platform and Your Campaign Content, including but not limited to, copyright laws.
12. You shall not, without prior consent of Kofluence, post any Campaign Content before the release date, as declared by Kofluence.
13. The provision of services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Kofluence strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and Kofluence isn’t liable for any disruption or loss You may suffer as a result.
14. Kofluence may discontinue some or all of the services provided on the Platform, including certain features and the support for certain devices and platforms, at any time.

• REJECTION, REFUSAL OR RESTRICTION OF CONTENT

We reserve the right to reject, refuse to post and/or delete any Service or to deny, restrict, suspend Your access for any reason whatsoever, including, but not limited to bullying, hate speech, harassment, negative comments on the Services, terrorism which are in violation of these Terms or being considered to be offensive, illegal or in violation of the rights of any person or entity, or being harmful or threatening the safety of others.

• CONFIDENTIALITY

You shall not disclose or divulge any information disclosed by Kofluence to You to any other person (including information disclosed prior to the Campaign, either directly or indirectly, in writing, orally, electronic or other tangible form, including, without limitation, any business information, intellectual property rights, methodologies, processes, ideas, trade secrets, know-how, business strategies, marketing tactics, information pertaining to any work and/or assignment and/or project undertaken by Kofluence for its clients and/or potential clients, any information, presentation, research carried out by Kofluence and its proprietary information or any other information which is designated as “confidential”, “proprietary” or some similar designation (“Confidential Information”).

• INTELLECTUAL PROPERTY RIGHT

We solely own rights in the name and mark of Kofluence and the logo that appears on the Platform (the “Logo”). You are not permitted to, and You agree not to, use these marks in any way (including as part of any other trademark, Company name or domain name), in connection with any product or service. We own and have the authorized licensee of all intellectual property rights (including copyright) in and to the Platform including intellectual property rights in the content hosted, published, displayed, uploaded on the Platform by us. Copyright laws and treaties throughout the world protect these works and all rights in and to them are reserved by us. No information, content or material from us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.

• CANCELLATION

You may cancel Your account in full, or associated subscription at any time by logging on to the Platform. You hereby agree to be personally liable for any and all charges incurred by Your username and password until You terminate the account or subscriptions as provided herein. You acknowledge and agree that if You cancel Your account or subscriptions, the access associated with that account will be removed permanently from our database and if You wish to create an account again in future, You will have to fill the Form and will have to subscribe to the Services again, as all the previous data and information collected by us will be removed.

• INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES

1. By using the Platform, You acknowledge that while we take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Platform. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of ours and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension or termination of Services without any fault of ours.
2. Further, Kofluence reserves the right to terminate Your access to the Platform if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of this Agreement. Following termination, You will not be permitted to use the Platform and Kofluence may, in its sole discretion and without advance notice to You, cancel any outstanding service requests. If Your access to the Platform is terminated, Kofluence reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until Kofluence chooses, in its sole discretion and without advance to You, to terminate it. 

• Protection of Minors and Child Safety

At Kofluence, we are committed to upholding the highest standards of safety and well-being for all users, especially minors. In compliance with global laws and platform policies—including Google’s Child Endangerment and Abuse Policy—we strictly prohibit any content or conduct on our platform that exploits, endangers, or harms children in any manner.

This includes, but is not limited to:

• Content that depicts or promotes the sexualization, abuse, neglect, or exploitation of minors.
• Involvement of minors in dangerous challenges, stunts, or activities that may lead to physical or psychological harm.
• Any form of grooming, harassment, or solicitation of minors through our platform.
• Uploading, sharing, or promoting media that includes inappropriate interactions involving minors.

   

• Content that misrepresents the age or identity of a minor for any deceptive, exploitative, or malicious purposes.

Kofluence maintains a zero-tolerance policy toward such violations. Any user, influencer, or third-party account found in breach of this clause may face:

• Immediate suspension or termination of access to our services.
• Reporting to relevant legal authorities and law enforcement.
• Permanent removal of associated content from our platform.

We also encourage our users to report any content or behavior that appears to endanger the safety or dignity of minors by contacting us at legal@kofluence.com or using our in-app reporting tools.

By using Kofluence, you acknowledge and agree to strictly adhere to this policy to maintain a safe and compliant digital ecosystem.

1. USER LIABILITY

1. You are responsible to keep Your account details up-to-date at all times and must ensure that the password which You have created on the Platform to access the account must be confidential and must not disclose it to or share it with anyone. You shall be responsible for all activities that occur under Your login id and password. You will not sell or otherwise transfer Your account to another person or entity.
2. You shall be held liable for display on the Platform through Your account of any grossly harmful, blasphemous, obscene, pornographic, paedophilic or harmful display of any material to minors which in anyway is hateful, or racially and ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, false, malicious, inaccurate or misleading, fraudulent in nature or involving the sale of counterfeit or stolen items or items which are otherwise illegal or otherwise unlawful in any manner whatsoever.

• KOFLUENCE’S LIABILITY

1. Whilst we endeavour to ensure that the information provided by us is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission or that the functions contained in Services, information and materials, including, without limitation any third party sites or services linked to the Platform, whether they will be uninterrupted or will be conducted in a timely manner, or that the defects will be rectified by us, or that the servers that make such Services, content, information and materials available are free of viruses or other harmful components. 
2. In using the Platform, You agree that neither us nor any of our employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links posted by You, other users, or third parties. 
3. You also agree that the Company or any of its affiliates are not responsible for the content or availability of third party websites and/or mobile applications linked to or referenced herein. 
4. You agree that Company or any of their affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content or on the goods or services available on or through any such websites and/or mobile applications or any other matter relating to the Company. 
5. Any material downloaded or otherwise obtained through the Platform is accessed at Your own risk, and You will be solely responsible for any damage or loss of data that results from such download to Your computer system, if any. 
6. We will not assure You that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between You and us, You hereby assume all risk of harm or injury resulting from any such lack of compliance by You. 
7. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

• BREACH OF THESE TERMS

Your Account and associated subscription are non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If You violate any of these terms and conditions, we may terminate Your account in our sole discretion and without limitation, either with or without notice. Should we terminate Your Account, we will forfeit all the information other compilations created by You through the Platform, and You may not be entitled to re-enrol or re-join or create a new account unless invited to re-join or to subscribe to a new account by us.

• INDEMNIFICATION

You agree to indemnify and hold us, our directors, representatives, employees, and contractors, harmless from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of Your use of the Platform, the breach of these Terms by You, or the infringement by You of any intellectual property or other right of any other person or entity.

1. NON- COMPETE AND NON-SOLICITATION

1. You shall not, without prior written consent of Kofluence, promote a directly competing brand, from a period commencing 15 (fifteen) days prior to the date on which Your Campaign commencement and concluding 15 (fifteen) days after the date on which Your Campaign is completed (“Campaign Period”) unless otherwise communicated to You by Kofluence.
2. You shall not directly or indirectly (i) divert or attempt to divert from Kofluence business of any kind, including without limitation the solicitation of or interference with any of its client, other Influencer, brand owner or an agent, or (ii) solicit or otherwise induce any person engaged with Kofluence to terminate its engagement.
3. In the event that You have received any requests or have entered into any arrangement with a directly competing brand before the Campaign commences, You shall inform Kofluence prior to accepting the Campaign from Kofluence.
4. After the acceptance of Campaign from Kofluence by You and till the time Your Campaign is completed, You shall inform Kofluence about any new requests received from directly competing brand or any change in the requests received or any arrangement entered with a directly competing brand.

1. NON-DISPARAGEMENT

The user/influencer shall not make any oral or written statement about Kofluence or its clients, which is intended or reasonably likely to disparage Kofluence, their clients, their associates, affiliates, employees or otherwise degrade Kofluence’s or its client’s reputation or goodwill in the business or any related industry.

• USER COMPLIANCE 

Users accessing and/or using the Kofluence platform from a particular jurisdiction shall comply with all the applicable laws, rules and regulations in that jurisdiction. Kofluence shall not be held liable for non-adherence and/or non-compliance by the said Users with the applicable laws, rules and regulations of the said jurisdiction that they are accessing and/or using the Kofluence platform from.

1. FORCE MAJEURE

Kofluence will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockouts, lockdowns, pandemics, epidemics or boycott.

1. LOG FILES AND COOKIES

1. We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without Your explicit permission.
2. We employ the use of cookies. By using the Platform You consent to the use of cookies in accordance with Kofluence’s privacy policies. Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliates/advertising partners may also use cookies.

1. LINKS TO THIS WEBSITE 

You may not create a link to any page of this website without our prior written consent. If You do create a link to a page of this website You do so at Your own risk and the exclusions and limitations set out above will apply to Your use of this website by linking to it.

1. CESSATION OF OPERATION

Kofluence may at any time, in its sole discretion and without advance notice to You, cease operation of the Platform.

1. STATUTE OF LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

• DISPUTE RESOLUTION

If You consider there to be a dispute between You and us or the services provided by us, please contact us at cs@kofluence.com. These Terms, privacy policy and refund policy that are available on the Platform shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of Hyderabad, India to resolve any dispute arising out of the same. We shall not be held liable for any dispute arising out of any communication led through/on our Platform between any two users using the Platform. Your use of the Platform is not permitted in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.

• WAIVER

If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under applicable law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect. If we delay or fail to act in respect of any breach by You of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by You.

1. REMEDIES

You acknowledge that if You fail to comply with any of Your obligations hereunder, Kofluence may suffer immediate, irreparable harm for which monetary damages may not be adequate. You further acknowledge that damages are not a sufficient remedy for Kofluence for any breach of any of the undertakings herein provided; and that Kofluence is entitled to, without limitation to the other rights guaranteed under this Agreement, to specific performance or injunctive relief (as appropriate) as one of the remedies for any breach or threatened breach of those undertakings by You, in addition to any other remedies available to Kofluence in law or in equity.

Contact us: If You need to contact us for anything, You must write to us at hi@kofluence.com.