These Terms of Use (or “Terms”) govern your use of SoTrue, except where we expressly state that separate terms, either in addition or in substitution to these terms apply with regard to the services provided by SoTrue (the “Service”). By accessing or using the website or application or the Services provided by SoTrue, the user/s are accepting to this Agreement along with the Privacy Policy and the user represents and warrants that they have the right, authority, and capacity to enter into this Agreement. SoTrue is owned and operated by Innprove Softwares Private Limited, based in Bangalore, India bearing CIN- U72900KA2021PTC144073 and having registered office at No 83, 2nd Floor, 3rd Main 1st Cross, Defence Colony, Indiranagar, Bengaluru-560038 Karnataka, India (hereinafter referred to as "SoTrue”, “we”, “our” or “us”). Therefore, these Terms of Use along with Privacy Policy, Community Guidelines and other Guidelines constitute an agreement between user and Innprove Softwares Private Limited.
When using the Website, users shall be subject to certain rules, guidelines, regulations, statutes or policies. Such rules, guidelines, and policies are hereby incorporated by reference in to these Terms of Service. We may also offer other Websites that are governed by different Terms of Service. If a user does not agree to these Terms of Use, they are not entitled to avail of / use the services and any use thereafter shall be unauthorized.
“We help digital content creators of all kinds, earn money directly & regularly, independent of brands/ third party collaborations; through their creativity, fans, followers, eventually adding much more value, power and freedom to their digital art and their lives "
"Content Creator" means an user who has set up a SoTrue account in accordance with the conditions as mentioned hereinabove as a Creator account to post Content on SoTrue to be viewed by other Users;
“Fan" means a user who follows a Content Creator and is able to view the Creator's Content;
“User” means any user of SoTrue, whether a Creator or a Fan or both (also referred to as "you" or "your").
The services offered to a user will be based on the user’s geographic location, and user shall not employ any technology to obscure or disguise user location. This will be primarily basis the geography that user has subscribed our services for, and established user account in. Due to technical and other restrictions imposed by content providers, the service is available only in certain locations. The content (including subtitled and dubbed versions of the content) and how we offer Service to a user will vary over time and by location.
We request you to run through in detail both the @Community Guidelines and @Privacy Policy.
- In order to avail our services and become a member, user must be 18 years of age or above, or the age of majority in user’s territory or country. The user may not access or use the Services or accept the Agreement if the user is not of legal age to agree to this Agreement. If a user does not agree with all of the provisions of this Agreement, do not access and/or use the Services. If a user is using the Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this Agreement.
- These Terms of Service, together with our Privacy Policy ("Terms"), govern the user/s of SoTrue, including any features, posting of content, functionality, and services offered on or through the Website. By registering with and using our website, user/s hereby unconditionally accept and agree to be bound by and abide by these Terms. The user is requested to go through details of these Terms and if the user does not want to agree to these Terms, then an user must not access or use or register yourself on the Website.
- By using the website of SoTrue, user consents to receive communications from us electronically, including emails and messages posted to your inbox in SoTrue account. A User shall acknowledge and agree that all communications that we shall provide to them electronically shall deem to satisfy any legal requirement that such communications be in writing to be sent through post. If the user wishes to withdraw our consent to sending communications from our end to the user at any time, please email, customersupport@sotrue.co.in duly notifying us of the reason of withdrawal of consent by the user.
- User/s are responsible for all activity on their account even if, contrary to the Terms of Service, a third party has access/ accessed their account.
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We reserve the absolute discretion and right at any time and without notice to:
- modify, suspend or terminate SoTrue account or any portion thereof;
- restrict, limit, suspend or terminate your access to SoTrue or any portion thereof if in our reasonable opinion it does not comply with these Terms and/or applicable law;
- monitor the usage of the user and posting of content on SoTrue to verify compliance with these Terms and/or any applicable law;
- investigate any suspected and/or alleged misuse or unlawful use of SoTrue and provide necessary information to law enforcement agencies;
- Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from the user and without giving the user prior notice. The user agrees that they will at their own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by the user arising from the suspension of access to their Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of their Content under this section.
- Disclose information about the user of SoTrue and their account in connection with response to a lawful court order.
- To register and create an account on SoTrue, a user must provide a valid email address, a username, and a password. It is the basic condition of their use of the Website that all the information pertaining to email that they provide on the Website is correct, subsisting and complete.
- Users need to mandatorily validate their identity while creating an account on SoTrue Platform. Users need to submit a valid identity proof recognised by the law of the country ( as amended from time to time) and then upload a photograph along with such identity proof. SoTrue shall use and process such information only for the purposes of security and identity validation.
- SoTrue reserves the right to verify all information provided by the Users. The details of such verification as required by Creator and Fans shall be detailed in a separate agreement.
- The user/s agree that all information they provide to register with SoTrue, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and the user consents to all actions we take with respect to their information consistent with our Privacy Policy.
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By registering on SoTrue, an user hereby confirms and agrees that:
- all account registration, profile information and content provided by the user is their own information and the content is accurate and complete;
- if an user previously had an account with SoTrue, their old account was not terminated or suspended by SoTrue for violation of these Terms;
- user will not use any third-party payment processors to accept payments for subscriptions, or any other service,
- user has registered on SoTrue for their own personal use and they will not sell, rent or transfer their account to any third party; and
- We reserve the right, at any time, to verify the information which an user provides to us as well as your compliance with these Terms and shall suspend their account, if they have not complied with the applicable laws and terms hereof.
- Users are solely responsible for any and all activities that occur on their account and they are responsible for confidential elements of their account including but not limited to password and username. The users agree not to disclose these details to any other person or entity and immediately notify us at customersupport@sotrue.co.in if they believe or have reasonable suspicion that someone has used or is using their account without their permission or if their account has been subject to any other breach of security. The users also agree to ensure that they log out of their account at the end of each session for security purposes.
- Users are also advised to exercise particular caution when accessing their account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
- We have the undisputable right to disable any user name, password, or other identifiers, whether chosen by user or provided by us, at any time and at our sole discretion without any justification if, in our opinion, user have violated any provision of these Terms.
- User may not (i) transfer, copy or display the content, except as permitted; (ii) sell, rent, lease, distribute, or broadcast any right to the content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or (v) use the Service or content for any commercial or illegal purpose.
- In the event a user wishes to deactivate his SoTrue Account, such user shall send an email to customersupport@sotrue.co.in. Upon receipt of an email, requesting for deactivation of an account SoTrue shall deactivate the account within 48 hours of such request.
- Upon deactivation of an account, all the information contained in such account shall be deleted and no further information shall be available to the user including but not limited to followers, access to Content Creators and subscriptions.
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An interested user can opt for retrieving an account on SoTrue Platform. However, in
such circumstances, an user has to follow all processes mentioned and required for
creation of a fresh account as mentioned above.
No user shall be refused access after deactivation in the event the user tries to re-register his/her profile with the previous email address with which such user had initially registered a SoTrue Profile/account.
- It is the sole responsibility of the Content Creator to post original photos and videos and/or combination thereof on SoTrue Platform. The Content Creator hereby agrees that any content posted on the platform shall not infringe any rights of any third parties including but not limited to Intellectual Property Rights;
- The Content Creator shall be responsible for procuring all necessary licenses, permissions as required for posting any content on SoTrue platform. All payments in this regard shall be made to competent and appropriate third parties by the Content Creator only without any recourse to SoTrue. SoTrue has only been granted the limited right store, post or otherwise process the content uploaded by the Content Creators and Fans to the extent necessary for the provision of the Services and SoTrue shall not be held liable at any point of time for any infringement or violation of rights of third parties arising from such posting of content by the Content Creator;
- The Content Creator shall ensure that the posted content in entirety shall be in compliance of all the Applicable Laws and shall not violate or constitute an infringement of the copyright, common law or statutory rights of any third party nor shall the same be defamatory, obscene, blasphemous, violating the right of privacy, or constitute a libel or slander against any person, firm, corporation, association or entity whatsoever, or violate any other rights not herein specifically enumerated or contribute contempt of court or breach of contract, or breach of any provision of statute, nor hurt the sentiments of religious/communal groups. For the purposes of this Agreement, the term Applicable laws shall mean and refer shall mean any and all local laws applicable to a particular jurisdiction and International laws as may be applicable to this Agreement and any part thereof.
- In the event the Content posted by a Content Creator is available / displayed on platforms apart from SoTrue, the Content Creator shall duly flag such content and send an email to customersupport@sotrue.co.in within 5 (five) days of viewing such content. SoTrue shall be obliged but not mandated to get in touch with third parties and seek for removal of the reported content.
- The Content Creator shall strictly follow and abide by all verification processes available on the SoTrue platform to ensure authentication of identity and originality of posted Content.
- The content posted by the Content creators shall be solely available on SoTrue Platform only. The Content Creators shall not repost the content posted on SoTrue Platform on any other third party platform.
- SoTrue will not be liable for any losses caused to you by any unauthorized use of your account.
- The Content posted by Content Creators on SoTrue Platform shall be made available on SoTrue Platform solely and exclusively and the same content cannot be posted on any other platform.
- The Content Creators and other third parties are strictly prohibited from posting the Content which is posted by them on SoTrue to be posted on other platforms.
- If you print, copy, modify, download, screen capture or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Subscribers can access the content posted by the Content Creators only after paying a prescribed amount as mentioned for viewing the content. However, the subscribers are strictly prohibited from reposting/copying/ distributing/ editing the content posted by the Content Creator on any other platform or misuse the same in any manner.
- A subscriber can also flag and report content which such subscriber deems to be inappropriate either through the same post or through the “help” option present in the Menu bar. SoTrue shall review such content and shall thereafter decide to retain the content or remove it at its own discretion. The subscribers further agree not to reproduce, distribute, modify, display, perform, archive, publish, license, create derivative works from, offer for sale, or use (except as expressly authorized under these Terms of Use) any content and information contained on or obtained through SoTrue. Additionally, subscribers agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service. We may terminate or restrict subscriber’s use of our service if they violate these Terms of Use or engage in any illegal or fraudulent use of our service.
- If you print, copy, modify, download, screen capture or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Users of SoTrue are free to promote SoTrue through their social media pages and all available mediums. Users can generate and pin link of SoTrue website for such promotion.
Third parties, unrelated or related parties, transacting or non-transacting parties; including but not limited to newspaper agencies, print media entities, YouTube, social media platforms are strictly prohibited from reposting or using any content that is uploaded on SoTrue platform without prior written consent from SoTrue; and any negation of the terms and instructions shall be legally actionable, inter alia, shall be treated as stealing of Intellectual Property and/or as infringement of copyrights.
SoTrue provides an online platform enabling its Customers to follow their favourite Content Creators and view the content posted by them through its own content portal. SoTrue functions as an intermediary and allows third parties (Content Creators and Fans) to upload content on its social media platform. In the event any content uploaded by a Fan or Content Creator is in violation of any prevailing law and such violation has been notified to SoTrue, then in SoTrue reserves the indisputable right to evaluate the complaint and take down such content. SoTrue shall not be liable for such content uploaded by a third-party user which is in violation of any law. The Website allows for uploading, sharing and in general viewing of various types of content by Users. In addition, the Website contain texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by users.
SoTrue enables you to do the following:
- View Content posted by Creators after payment of a monthly subscription fee or payment for viewing a specific post;
- Creators can post content and place a subscription fee or payment for viewing the same;
SoTrue also provides an opportunity for Content Creators to monetise content by posting content on their profiles. Subscribers desirous of viewing such content can access the posted content after paying the prescribed subscription fee.
Subscribers can access exclusive content posted by the Content Creators by making full payment of the subscription fee as applicable.
- To view a Creator's Content, a subscriber must first add their payment card details to their account and then click the 'Subscribe' button on the relevant Creator's profile;
- Subscriber authorizes us to supply their payment card details to a third-party payment provider for the purpose of processing their Subscription/Fan Payment. All Subscription/Fan Payments will be charged in currency as applicable to a particular jurisdiction where SoTrue is operational or in currency that is commonly acceptable in multiple jurisdictions;
- Acceptable modes of payment for Fans/Subscribers are through Debit, Credit Card and UPI transfer.
Subscribers can view the content posted by Content Creators by paying a Subscription fee.
- A Fan can pay a onetime fee for viewing one particular content for multiple times; or
- A Fan can pay a monthly subscription fee for viewing content posted by a Content Creator multiple times during the Subscription period of 30 days;
3. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. SoTrue is entitled to retain its percentage (inclusive of third party payments, if any, and thereafter remit the rest of the amount to the Creator. SoTrue is also entitled to deduct applicable taxes before remitting any payment to the Creators.
- If a subscriber cancels a Subscription in between the calendar month of 30 days, they will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which they cancelled, after which no further payments will be taken from their payment card in respect of subscriptions to that Creator's profile. In case of cancellation, we will allow the subscribers to access the their profile until the end of the existing billing period, where they will lose access to the content and not be re-billed and they will no longer be able to view the relevant Creator's Content;
- The subscribers agree that you will not make unjustified requests for a refund from any Creator which they follow, or unjustified chargeback requests of their payment card provider in relation to any transaction between subscriber and a Creator. If we consider that any request for a refund or chargeback request was made by in bad faith, we have the right to suspend or delete your User account;
- Content Creator shall at no point of time be held responsible for any subscription fee related issue arising from cancellation of subscription;
- There shall be no refund of any subscription fee or fee which has been paid by the subscribers to view content posted by Content Creators.
If we suspend your Content Creator account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have accrued during the period of suspension of your Creator account will cease to accrue during the period of suspension.
Users shall note that Deactivation is not similar to suspension. Suspension can be revoked at SoTrue’s discretion after a period of time. Whereas, for reactivation of User account, one has to follow the process as mentioned above in account creation section
- Content Creator, Fan, Subscriber or any other third party in whatsoever name referred to as transacting with SoTrue acknowledge that it is their sole duty and obligation to fulfil all tax obligations with regard to their activities with us. In other words, without limitation, If SoTrue assists you with registration, declaration and payment obligations related to income, it does not release you from your obligations. SoTrue in all its meaning is only a facilitator and will not bear any responsibility of complying with other’s tax obligations.
- So True is entitled to deduct taxes, withhold taxes as applicable while making payments to Content Creators after receiving the subscription fee from the Subscribers.
- Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sub licensable, non-exclusive and limited licence to use our website for your own lawful and personal use only.
- You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason, including, without limitation, if you violate these Terms or any applicable law. Any use of SoTrue except as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
- We do not warrant that SoTrue is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not SoTrue is compatible with your device. From time to time we may make updates to SoTrue and will make such updates available through the website.
- By creating and publishing User Content on SoTrue, Content Creators authorize and grant Fans/Subscribers to ONLY access and view, without downloading or copying rights to the User Content on SoTrue for their own lawful and personal use;
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You also represent, warrant and undertake that:
- You own or have procured a valid licence/permission in writing to, or otherwise control all rights in your Content;
- Your Content does not infringe any third party rights including but not limited to Intellectual Property rights;
- to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
- You understand and acknowledge that you are responsible for any User Content you submit or contribute and for any activity that occurs on your account, and you have full responsibility for the same, including its legality, reliability, accuracy, and appropriateness;
- You must notify SoTrue immediately of any breach of security or unauthorized use of your account or content;
- You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content;
- We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
SoTrue reserves the right, at any time, to modify, suspend, or discontinue the Site, App, or Services or any part thereof with or without notice. You agree that SoTrue will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, App, or Services or any part thereof.
- The Users shall have absolute right over the contents posted by them subject to reasonable conditions hereunder. However, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- User agrees to grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable license for all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of SoTrue. Such acts include reproducing, advertising, promotions, making available and communicating to the public, display, performing, distributing, translating, and creating adaptations or derivative works of your Content, and otherwise dealing in your Content and in some cases subject to a determined fee at the discretion of Sotrue.
- You grant us the right to submit notifications of any Intellectual Property Rights infringement on your behalf to any third-party website or third parties that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so.
- The SoTrue name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
- You hereby waive any moral rights which you may have under any applicable law to object any Content posted by you on SoTrue.
- SoTrue and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to SoTrue and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
- We also do not warrant or guarantee that SoTrue and all of its services and features will be available at any particular time or location; that SoTrue and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that SoTrue and all of its services and features will be free of viruses and other harmful components. You as an user responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
- We hereby state that to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of SoTrue and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- We state that in no event shall SoTrue be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) SoTrue or any of its services or features, nor shall SoTrue be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at , customersupport@sotrue.co.in as we are happy to help prevent the continuance of such distribution where we are reasonably able to do so; and
- That in no event shall our total and aggregate liability to you and/or others for any or all claims arising out of or related to your use of or your inability to use SoTrue or any of its services or features and/or any damages thereof shall be paid by SoTrue after such damages have been validated and the matter has been duly adjudicated by a Court having competent jurisdiction to do so.This does not affect any liability that cannot be excluded or limited under applicable law.
- SoTrue shall not be liable for any loss or damage caused by hacking, virus attack, or other technologically harmful material that may infect your computer equipment, and complete computer network or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
- SoTrue shall not be responsible for loss of data due to breakage or stoppage of services caused by reasons not in the control of SoTrue, such as due to act of nature or otherwise.
- Any and all disputes, controversies and conflicts between the Parties arising out of or relating to or in connection with the foregoing Terms of Usage, and the performance or non-performance of the obligations set forth herein, you agree to first contact us and attempt to resolve the dispute with us amicably within thirty (30) days after written notice of such dispute, controversy or conflict has been given by one Party to the other Parties.
- Should the above mentioned method fail, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms or/and ancillary documents by binding arbitration of a sole arbitrator.
- The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be Bengaluru. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
- ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SOTRUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURISDICTIONL COURT OR TO PARTICIPATE IN CIVIL CASE OF ANY KIND REGARDING THE DISPUTE.
- YOU AND SOTRUE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.