Terms & Conditions

1. Acceptance of Terms

Welcome to Phyo. These Terms and Conditions constitute a legally binding agreement between you and Phyo ("Company," "we," "us," or "our") governing your access to and use of our AI-powered influencer search platform, website, and related services (the "Platform").

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with any part of these Terms and Conditions, you must immediately discontinue using the Platform.

2. Eligibility and Account Registration

You represent and warrant that:

• Age Requirement: You are at least 18 years of age and possess the legal capacity to enter into this agreement.

• Authority: If using the Platform on behalf of an organization, you have authority to bind that organization to these Terms.

• Accurate Information: All information provided during registration is truthful, accurate, complete, and current.

• Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and password.

• Unauthorized Use: You agree to notify us immediately of any unauthorized use of your account.

3. User Roles and Responsibilities

Our Platform serves multiple user categories:

4. Intellectual Property Rights

You acknowledge the following regarding intellectual property:

• Platform Ownership: All content, features, and functionality of the Platform are owned by Phyo or its content providers and are protected by international copyright, trademark, and other intellectual property laws.

• User-Generated Content: By submitting content to the Platform, you grant Phyo a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute such content for Platform operations and improvement.

• Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose.

• Restrictions: You may not reproduce, modify, distribute, or transmit any content without prior written consent.

5. Prohibited Conduct

You agree not to:

• Illegal Activities: Engage in any activity that violates applicable laws or regulations.

• Fraud and Misrepresentation: Provide false information, impersonate others, or misrepresent your identity or credentials.

• Platform Abuse: Attempt to hack, reverse-engineer, or damage the Platform or its systems.

• Fake Engagement: Use bots, purchased followers, or engage in artificial engagement manipulation.

• Harassment and Threats: Harass, threaten, defame, or abuse other users or Phyo staff.

• Spam and Unsolicited Content: Send unsolicited promotional materials, spam, or malicious code.

• Intellectual Property Violations: Infringe upon the intellectual property rights of others.

• Data Breach: Access, collect, or use personal data without authorization.

• Circumvention: Attempt to bypass security measures, payment systems, or access controls.

6. Payment Terms and Billing

The following payment terms apply:

• Payment Processing: All payments are processed securely through Razorpay, a PCI-DSS compliant payment gateway.

• Subscription Fees: Subscription fees are billed in advance on a monthly, quarterly, or annual basis as selected.

• Campaign Payments: Campaign payments are held in escrow and released upon successful completion and approval.

• Currency: All payments are in Indian Rupees (INR) unless otherwise specified.

• Taxes: You are responsible for all applicable taxes, duties, and levies unless explicitly stated otherwise.

• Price Changes: Phyo reserves the right to change pricing with 30 days' notice. Changes apply to new subscriptions.

7. Refund and Cancellation Policy

Refunds and cancellations are subject to the following:

• Subscription Cancellation: You may cancel your subscription at any time from Account Settings. Cancellation takes effect at the end of the current billing period.

• Refund Eligibility: Refunds are available within 7 days of payment for unused services, subject to platform verification.

• Non-Refundable Items: Services already rendered, completed campaigns, and partial subscription periods are non-refundable.

• Campaign Disputes: Refunds related to campaign disputes are handled through our grievance redressal mechanism.

• Processing Time: Approved refunds will be processed within 5-7 business days to the original payment method.

8. Campaign Agreements

The following terms govern campaign collaborations:

• Campaign Terms: Campaign terms must be agreed upon in writing by both parties before commencement.

• Deliverables: Influencers agree to deliver content as specified within the agreed timeline and quality standards.

• Content Rights: Brands retain ownership of final campaign content. Influencers grant necessary usage rights.

• Dispute Resolution: Campaign disputes are resolved through our mediation process before escalation.

• Early Termination: Either party may terminate a campaign with written notice, subject to refund policies.

9. Limitation of Liability

To the maximum extent permitted by law, Phyo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including but not limited to loss of profits, data loss, or business interruption.

Phyo's total liability for any claims arising from these Terms and Conditions shall not exceed the amount paid by you in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so some of the above limitations may not apply to you.

10. Disclaimer of Warranties

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties, express or implied.

Phyo disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Phyo does not warrant that the Platform will be error-free, uninterrupted, or secure.

Phyo makes no representation regarding the accuracy, reliability, or completeness of third-party data, including influencer information.

11. Indemnification

You agree to indemnify, defend, and hold harmless Phyo, its officers, directors, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms and Conditions

• Your use of the Platform

• Your violation of any applicable law or third-party rights

• Your User-Generated Content

• Your campaigns and transactions

12. Privacy and Data Protection

Your privacy is important to us:

• Privacy Policy: Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Data Processing: We process your data in accordance with the Digital Personal Data Protection Act, 2023, and applicable laws.

• KYC Compliance: You agree to provide necessary KYC documents and comply with AML requirements.

• Data Security: We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

13. Termination

Either party may terminate access to the Platform under the following circumstances:

• User Termination: You may terminate your account at any time from Account Settings.

• Phyo Termination: Phyo may suspend or terminate your account for violation of these Terms, illegal activity, or non-payment.

• Effect of Termination: Upon termination, your right to use the Platform ceases immediately.

• Survival: Provisions regarding intellectual property, liability, indemnification, and governing law survive termination.

14. Third-Party Links and Services

The Platform may contain links to third-party websites and services. Phyo is not responsible for the content, accuracy, or practices of these third-party sites.

Your use of third-party services is governed by their terms and conditions. We encourage you to review their policies before use.

Phyo does not endorse or warrant any third-party products or services.

15. Modifications to Terms

Phyo reserves the right to modify these Terms and Conditions at any time without prior notice.

Your continued use of the Platform after any modification constitutes acceptance of the revised Terms.

Material changes will be communicated to you via email or a notice on the Platform.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of India, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and applicable rules and regulations thereunder.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts located in India.

You agree to submit to the personal jurisdiction of such courts and waive any objection to venue.

17. Dispute Resolution and Grievance Redressal

We have established a grievance redressal mechanism:

• Complaint Filing: File complaints through your account dashboard or by contacting support.

• Initial Review: We will acknowledge your complaint within 7 business days.

• Resolution: We aim to resolve valid complaints within 30 days.

• Escalation: Unresolved complaints may be escalated to our grievance officer.

• Legal Recourse: You may seek recourse through appropriate authorities or courts as per applicable law.

18. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Phyo regarding your use of the Platform.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

The failure of Phyo to enforce any provision does not constitute a waiver of that provision.

19. Severability

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

20. Contact Information

For questions, concerns, or requests regarding these Terms and Conditions, you can contact us using the details provided below.