Terms and Conditions
Last updated: 2024-10-29
Instahive Features: Instahive is a web-based service that offers an online platform for creating, designing, publishing, and selling digital services, including consulting, content subscriptions, live streaming events, and one-on-one interactions (collectively referred to as “Instahive Features”).
Content: Any material produced by a Creator on the Platform, encompassing Instahive Features, is termed “Content.”
Creation of Content: Users can generate Content in either live-streaming or pre-recorded formats. The Platform facilitates this process in a more organized and systematic way, offering various additional features beyond basic content creation, such as integration with third-party payment processors.
Subscriptions: The Platform enables Creators to establish monthly subscriptions, allowing Subscribers (who enroll for the Creator’s Content) to exchange thoughts and knowledge with one another, and even interact directly with the Creator (“Subscriptions”).
Instahive Services: The services that facilitate Content creation, Subscriptions, and all other features offered on the Platform will be referred to as “Instahive Services” or “Services” under this Agreement.
It is important to understand that the Instahive Platform operates solely as a service provider and does not engage in content creation or function as an educational institution.
These Terms of Service outline the rules and guidelines for using Instahive’s website and mobile application, located at www.instahive.club.
By using the Instahive website or mobile application, you agree to these Terms of Service. If you do not agree to all the Terms of Service stated on this page, please refrain from using the Instahive website or mobile application.
CONDITIONS OF USE
These Terms of Service (hereinafter “Agreement”) are a contract between You and Instahive. Other than stated, expressly or impliedly, there are no third-party beneficiaries of this contract.
This document outlines the terms and conditions for using domains (creatorsonline.xyz, instahive.club) and all associated features, subdomains, content, functionality, services, media, applications, Discussion Forums, or solutions offered through the Site (collectively the “Platform”).
These terms apply to individuals creating content on the Platform (“Creators”) and those using the Platform (“Subscribers”), collectively referred to as “You,” “Your,” or “User(s).” Unless otherwise specified, “You,” “Your,” or “User” refers to the individual using the Platform or any legal entity for whom you act as an authorized employee or agent, including all Creators and Subscribers.
These terms and conditions, together with the Privacy Policy, Platform Guidelines, Content & Creation Guidelines, and Data Processing Agreement (collectively the “Agreement”), govern the relationship and responsibilities between You and Instahive regarding the use of the Platform.
References to ‘‘Instahive,’’ ‘we,’ ‘us,’ and ‘our’ mean Instahive, incorporated in India. Please review this Agreement and all other rules and policies available or published on the Platform, as they govern Your use of the Platform and its services. Updated versions of these policies and terms will be periodically made available on the Platform for Your reference to understand how we manage Your personal information. The updated or modified versions of the policies shall be notified to You through email notifications and/or displayed on the Platform seven (7) days before going live on the Platform.
Your continued access or use of the Platform will be considered to represent to Instahive that You have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained within, whether You simply browse and access the Instahive Platform or become a Creator and offer Your courses, Services, or products, or become a Subscriber on the Platform.
If You do not agree with any of these terms or do not wish to be bound by them, please refrain from using the Platform. By entering into this Agreement, You represent and warrant that You have the full authority to do so and that entering into this Agreement does not violate any other agreements to which You are a party.
Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.
Access to the Platform is conditional. Therefore, the Users have the responsibility to read this Agreement carefully and ensure that You understand it. Let us know if You have any queries regarding it. In case You do not accept any provision or part of the provision in this Agreement, then You may not be able to access the Services or products offered by Creators on this Platform.
USER ACCOUNTS
To access and use the Platform, and any products or Services provided by the Creators, You will be required to register on the Platform and create an account.
While creating an account, you automatically give your consent indicating and representing that the information provided by You while completing registration and creating an account is complete, true, accurate, and meets the eligibility requirements established on the Platform. You agree to modify and rectify the information available to Us as and when it requires any change or update.
Registration and account creation on Instahive is free for both Creators and Subscribers. Instahive does not charge any fee to the Users to access the Platform.
The User is responsible for all the activities occurring through their Account. We reserve the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time if, in our opinion, You have violated any provision of this Agreement or any law of the land applicable or otherwise.
The Users shall read the Community
Information Collected for Registration and Account Creation
Creator: Creators shall provide Personal Data such as their name, email address, and mobile number. You shall create a unique username and password for Your Account and include a brief ‘bio’ or description about Yourself. You shall have the option to upload a photograph and/or provide links to Your social media accounts or profiles, YouTube channel(s), websites, blogs, etc. with the intention of enhancing Your brand presence.
Subscriber: You shall provide Your name, phone number, Instagram username, and email address.
The User shall read the Privacy Policy of Instahive to understand the handling of their information and Personal Data by Us.
You shall read Our Privacy Policy to gain an understanding of Our information management procedures. You warrant that the information provided by You during Registration is accurate and complete, that You meet the eligibility criteria for using the Platform, and that You will update the Registration information if there are any changes.
Age Restriction
You have to be 18 years of age to sign up, access, and use the Platform. You agree to provide Your explicit Consent when you sign up on the platform. An individual below the age of 13 years can neither use and access nor register for an account on this Platform.
If You are between the ages of 13 to 18 years, then You must have Your parents or legal guardian’s permission. If you are a parent or legal guardian of a minor (i.e., 13 to 18 years), by allowing your child to use the Platform, you are subject to the terms of this Agreement and responsible for your Child’s activity on the Platform.
Compatible Devices
Users can access the Platform for the purposes of creating Content, publishing, and/or viewing the Content on the Platform. You shall use a personal device, such as a computer, mobile phone, portable media player, or any other electronic device fulfilling the compatibility requirements set by the Platform (“Supported or Compatible Device”). It is the responsibility of the user to maintain the supported or compatible device along with a supported and compatible software version to avail and access the Platform.
The requirements for supported or compatible devices may change or be updated from time to time. The User shall maintain their devices in accordance with the new changes or updates to the software to continue their access to the Platform. However, a supported or compatible device or software might cease to be one due to reasons not related to the Platform.
Passwords and Security
The User acknowledges that the User Account is personal to them and agrees to not provide any other person(s) (not Users of the Platform), other Users, or legal entity with the Account access credentials and passwords.
The User Account credentials and passwords meant to access and use the Platform shall be maintained in a confidential manner by the Users. You shall take reasonable steps and measures to maintain the confidentiality and security of Your passwords.
To prevent unauthorized access to Your Account, the User is solely responsible for taking measures to restrict access by unknown persons or other Users to their device(s).
Users should exercise caution while accessing their Account through a public, shared, or unknown device(s), to avoid the detection, recording, or viewing of Your username, login credentials, passwords, account details, and/or other information.
In the instance Your password has become known to other person(s) or Users or entities due to any reason, You shall immediately change the said password. In case You are unable to change the password or are unable to log into Your Account due to unauthorized access, You can contact Us and inform Us, so We can take immediate and appropriate action in relation to it and prevent further harm.
Payments
For Subscribers: To provide a more user-friendly payment experience, We utilize third-party payment processors for handling transactions related to products, services, or other content purchased through the Platform. Specifically, we employ Paytm and Phonepe for Subscribers in India.
For Creators: For processing payouts to Creators, we use Cashfree.
Third-Party Payment Processors: It is important to note that Paytm, Phonepe, and Cashfree are independent third-party service providers. These providers may impose fees for using their services and may require your Personal Data to process transactions on the Platform. Therefore, we recommend that you review the terms of service, Privacy Policy, and other relevant policies of Paytm, Phonepe, and Cashfree to understand how your data will be managed. Instahive is not affiliated with Paytm, Phonepe, and Cashfree, and none of these entities are agents or employees of each other.
When purchasing products or services through the Platform, Users may be redirected to external websites operated by Paytm and Phonepe. In such circumstances, We cannot and do not –
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guarantee the adequacy of the privacy and security practices of Paytm and Phonepe or the content and media provided on their websites, or
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control the collection or use of your personal information by these providers.
You agree that you are solely responsible for all charges incurred through Paytm, Phonepe, and Cashfree.
Instahive shall not be liable to you for any claims arising from any acts or omissions by Paytm, Phonepe, or Cashfree, including but not limited to any lost, stolen, or incorrectly processed payments. Instahive expressly disclaims any responsibility and liability for all services provided by Paytm, Phonepe, and Cashfree.
CREATORS ON INSTAHIVE
Content
The Content uploaded on the Platform shall be categorized by the Creator in appropriate categories based on the (a) Context; (b) Theme; (c) Tone and Impact on the audience; and (d) Target Audience. These categories shall be observed with adherence to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021.
There shall be clear age-wise categorization of the Content.
The Creators shall strictly adhere to not upload any Content (image, course, text, or video) that promotes, depicts, or preaches about nudity, sexual abuse, pornography, pedophilia, necrophilia, child pornography, human and sex trafficking, cult ideologies, drug and alcohol abuse/addiction, racial or communal hatred, violence, self-harm behavior, etc.
About the above-mentioned clause, the Subscribers shall also adhere to limiting interaction and promptly reporting any Content that is found to be violative of the Platform’s code, guidelines, policies, or any existing law by reaching out to the Grievance Officer. The Subscriber shall adhere to not post, comment, or incite any behavior as mentioned in the above clause and the Platform guidelines.
Creator Accounts
Once registered successfully on the Platform, the Creators are assigned a sub-domain based on the information provided by them.
License to Creators
You as a Creator on Instahive retain ownership rights in Your Content. However, You grant us certain rights and other Users of the Platform.
Instahive grants the Creator a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your own personal and commercial purposes in accordance with the terms of this Agreement.
Unless expressly permitted under this Agreement or otherwise in writing, You shall not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit this Platform or any portion of this Platform, including the intellectual property rights and other proprietary information.
Processing of Personal Information by Creators
Instahive’s Data Processing Agreement (“DPA”) is an integral part of this Agreement and outlines the obligations of both Creators (as Data Processors and Data Fiduciaries) and Instahive (as Data Fiduciaries) regarding the processing of personal information.
Creators are responsible for safeguarding all Personal Data they receive from or provide to Instahive in relation to their use of the Platform or any Services.
Creators agree to comply with the terms of the DPA as applicable.
In addition to adhering to the terms of the DPA, Creators shall provide an appropriate privacy notice to their Subscribers, respect their privacy rights in accordance with applicable data protection law, and grant access to or delete Subscribers’ Personal Data or any other personally identifiable information upon request received by Our Data Protection Officer or as required by applicable law.
Creator Fee
Instahive asserts that Creators must possess full autonomy to determine the pricing of the Content they offer (hereinafter “Creator Fee”). The Creators bear the exclusive responsibility for establishing and setting the prices for their Content on the Platform at their sole discretion. Instahive holds no responsibility for the pricing decisions made by the Creators.
The Subscribers are required to pay the Creator Fee set by the Creator to access the Content and Services offered by the Creators on the Platform.
Platform Service Charge
We charge Creators, who create and publish Content on Our Platform, a percentage of the Creator Fee set by the Creator for making available the Services with all its features on the Platform. This charge is referred to as the “Platform Service Charge.”
The Platform Service Charge is inclusive of GST for Non-GST Registered Creators and is exclusive of GST for GST Registered Creators.
Payments
We recommend that You periodically review Paytm, Phonepe, and Cashfree terms to understand with full capacity and capability any charges levied by them in the form of service fees to Creator for each transaction. By using any of these third-party payment service providers, You agree to be governed by their respective Terms and Conditions, Privacy Policy, and any other relevant policies.
Regarding Your transactions, you are solely responsible for all applicable taxes, costs, filings, and any other obligations that may arise from the sale of your Content via the Platform. Instahive is neither responsible for nor does it collect, pay, remit, or otherwise settle on your behalf the taxes owed by you on Content you sell through the Platform.
We will deduct a six (6) percent equalization levy from any payments made to Creators based outside of India or Creators belonging to foreign countries for online advertising services provided to Instahive.
The Creators have the sole discretion to set the Creator Fee for each piece of Content on the Platform, without any input from Instahive. The Creator is bound by the refund policy and adheres to the Terms of Use and the Content and Platform Guidelines.
Instahive holds no responsibility for accepting or rejecting Content enrollments in the event of any payment issue. The Creator agrees that if a payment is processed through Paytm, Phonepe, and Cashfree, such processing authorizes the Company to deliver the Content materials to Subscribers through the Platform.
Instahive is not a party to third-party service providers, such as Paypal, Paytm, Phonepe, and Cashfree, in the instance of the authorization process. Instahive is not responsible for authorizing credit card charges through these providers.
General guidelines concerning payment invoices –
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The name of the Subscriber and the nature of the purchased Content to be specified in the invoice; and
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The invoices issued to Your Subscribers through Instahive shall indicate that You are the supplier of the Content.
Creators Based in India
To Creators based in India, the GST is applicable once they breach the threshold exemption (threshold exemption means Turnover of Rs. 20 Lacs or Rs. 10 Lacs in case of special category states) and need to, compulsorily, register themselves with the GST authorities and charge the prescribed GST from the users and pay the same to the GST authorities.
You hereby agree to follow the rules, and guidelines of the GST and absolve Instahive of any liability arising out of the said GST.
Non-Furnishing of GST Registration Certificate by Indian Creator(s)
In the instance that You fail to furnish the GST Registration Certificate to Instahive after exceeding the threshold exemption on the Platform, then –
Instahive will commence collecting eighteen (18) percent GST, sending invoices to Subscribers on Your behalf, and remitting the same to the GST authorities.
Billing: Instahive will generate the GST invoices to the Subscribers for the full Creator Fee, and the Creator will generate an invoice to Instahive for an amount equivalent to:
Creator Fee – Platform Service Charge = Creator’s Invoice to Instahive
Upon receiving the submission of Your GST registration certificate to Instahive, You may resume generating invoices to the customers directly as usual, and Instahive will issue an invoice to You solely for the Platform Service Charge.
Payments
When a Subscriber signs up for a Creator’s Content or other subscriptions, they will incur a Creator Fee. Payments will be processed through services such as Paytm, Phonepe, or Cashfree.
We recommend that you carefully read the Terms and Conditions associated with Paytm, Phonepe, and Cashfree. It is important to understand that payments may be subject to applicable taxes when using these third-party service providers.
Instahive acts solely as an intermediary between the Creator and the Subscriber, facilitating payment transactions but not responsible for the Creator’s Content, Creator Fees, payment processing, or refunds.
By providing payment information, you confirm that it is accurate, that you are authorized to use the specified payment method, and that you will notify us of any changes. We reserve the right to use third-party services to update your payment information, such as obtaining current expiration dates for credit or debit cards.
Cancellation of Products and Subscriptions
If you wish to cancel your subscription to a Creator or any product/Content you purchased, please email us at support@instahive.club.
Digital Products or Services: By purchasing digital products or services or accessing paid Content, you consent to their immediate delivery.
Subscription to Creator Content: You can cancel your subscription to a Creator’s website or Content at any time. After cancellation, you will retain access to any previously purchased or subscribed Content until its expiration date.
Access to the Platform
Internet and Browser Requirements: To use certain features of Instahive, you may need a high-speed internet connection and meet minimum browser requirements. Please review the necessary specifications for accessing specific aspects of the Platform.
If you access the Platform via a mobile network, your network provider’s data and fees may apply.
App Permissions: If you use the Instahive App, you may need to grant specific permissions to your device and/or accounts. Most mobile platforms provide information on these permissions and how to adjust them. By downloading, installing, or using the Instahive App, you agree to receive automatic software updates as they become available.
Communication on the Platform
Removal of Offensive Links: The Platform reserves the right to remove any links or Content that (a) violates Indian laws, including those related to obscenity, defamation, hate speech, national security, and intellectual property; (b) contravenes the Platform’s community guidelines or terms of use; and (c) is reported as potentially offensive or illegal. Such content may be removed without notice, and appropriate action may be taken against the user’s account. Users are encouraged to report offensive content, and the Platform will review these reports promptly, cooperating with law enforcement as necessary.
Communication Regarding Subscriptions: The Platform facilitates communication between you, Creators, and other Subscribers through Subscriptions. While Instahive does not actively monitor these communications, it may suspend or terminate access if misconduct is reported. You acknowledge that User Content, including chats and posts, is not endorsed or controlled by Instahive. You are solely responsible for the legality, reliability, accuracy, and appropriateness of the content you publish and warrant that you have the necessary rights to use and reproduce any content you upload.
Data Accessibility: We ensure that your information and personal data, including Subscription discussions, are accessible only in accordance with our Privacy Policy.
User Responsibility: Instahive disclaims all liability for activities on the Platform. You are responsible for the information you share and for the actions of other Users. By using the Services, you agree to comply with the restrictions and terms outlined in this Agreement.
Content Availability and Transactions: The Platform allows Creators to offer their Content for sale to Subscribers at any indicated price, accessible anytime and from any location. As a Subscriber, you can purchase Content provided by Creators. You acknowledge that Instahive serves solely as a facilitator and does not participate in or control transactions on the Platform. Consequently, the sale of Content or products constitutes a direct contract between Creators and Subscribers.
Disclaimer of Warranties
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 is at your own risk. To the fullest extent permitted by law, Instahive, its officers, directors, employees, and agents disclaim all warranties, express or implied, related to the Platform and its use.
Instahive excludes all warranties regarding the accuracy, security, reliability, quality, availability, or completeness of the Platform, User Content, or any linked sites. Instahive assumes no liability for any (i) errors, mistakes, or inaccuracies of User Content or Platform content, (ii) personal injury or property damage arising from your access to and use of the Platform, (iii) unauthorized access to our secure servers or any personal/financial information stored therein, (iv) interruptions or cessations of transmission to or from the Platform, (v) bugs, viruses, or similar issues transmitted through the Platform by third parties, and (vi) errors or omissions in User Content or any loss or damage incurred from using any Content available via the Platform.
Instahive does not warrant, endorse, guarantee, or assume responsibility for any User Content or third-party offerings advertised through the Platform, and it is not responsible for monitoring transactions between you and third-party providers of User Content or services.
As with any service purchase, you should exercise caution and use your best judgment.
Limitation of Liability
To the fullest extent permitted by law, Instahive, its officers, directors, employees, or agents will not be liable for any direct, indirect, incidental, exemplary, special, punitive, or consequential damages arising from your use or inability to use the Platform, any Content on the Platform, or other services obtained through the Platform. This includes, but is not limited to:
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Errors, mistakes, or inaccuracies in User Content or other Platform content,
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Personal injury or property damage resulting from your access and use of the Platform,
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Unauthorized access to our secure servers and any personal/financial information stored therein,
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Interruptions in transmission to or from the Platform,
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Bugs, viruses, or similar issues transmitted by third parties, and
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Errors or omissions in any User Content or other content, or any loss or damage resulting from your use of any content posted or transmitted via the Platform.
You specifically acknowledge that Instahive is not liable for User Content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm from such conduct rests entirely with you. This provision applies to any claims, regardless of whether based on warranty, contract, or other legal theory.
The Platform is offered free of charge by Instahive from its facilities in India. Instahive 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 risk and are responsible for compliance with local laws.
Content Liability
Uploading Content on the Platform: By uploading your Content on the Platform, you agree to the following terms:
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Responsibility and Ownership: You are solely responsible for your Content and own or control all rights to it. Your Content does not infringe on anyone else's intellectual property rights, and you have obtained all necessary rights and licenses from any third parties involved.
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Lawful Content: Your Content is lawful and does not incite violations of applicable laws. You respect the rights of other Users and do not infringe upon their privacy.
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Content Type: The uploaded Content must not be misleading, harmful, abusive, deceptive, obscene, or otherwise inappropriate.
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Impersonation: Your Content must not aim to illegally impersonate or defame any individual or entity.
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Compliance with Policies: Your Content must adhere to all applicable policies or guidelines of Instahive, including this Agreement. You confirm that your Content will not cause distress or injury to others and is not defamatory.
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Sole Discretion to Upload: You upload your Content at your own discretion; Instahive does not certify or approve its upload.
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Grant of Rights: To support Instahive’s services, you grant Instahive non-exclusive, royalty-free, transferable, and sublicensable rights to use, copy, distribute, retain, and transmit your Content as necessary to:
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Provide the Platform and services,
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Fulfill obligations under this Agreement,
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Monitor and improve the Platform and related services,
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De-identify User data,
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Aggregate User data with other data,
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Comply with applicable laws.
Refer to our Platform and Content Guidelines for further details.
Claims Against User Content
Users have access to Content, links, and services provided through the Platform.
You agree that using any Content or material on the Platform or a third-party site is at your own risk. Instahive does not actively monitor or warrant the accuracy, completeness, or usefulness of any User Content and is not responsible for reviewing changes to it. No Content violating our guidelines is tolerated on our Platform.
Instahive disclaims all liability arising from reliance on such materials. All statements and opinions expressed in these materials, excluding those from Instahive, are the responsibility of the individual or entity providing them.
You should review the terms and policies of any third-party services and conduct any necessary investigations before engaging in transactions with them.
Indemnification
You agree to defend and indemnify Instahive and its affiliates from claims related to your use of the platform, violations of the terms, infringements of third-party rights, violations of laws, and any content you submit. Instahive may assume exclusive control of any indemnified matter, and you must cooperate with them. Indemnification obligations survive termination of the agreement.
Intellectual Property
Instahive owns all content and materials provided on the platform, including software and trademarks. You may not modify or claim ownership of Instahive's content. Any feedback you provide grants Instahive the right to use it without granting you ownership rights.
User Content
You retain ownership of content you upload, but Instahive does not claim ownership over it.
Copyright Policy
Instahive responds to copyright infringement claims according to Indian laws. Users can submit counter-notices if they believe their content was wrongfully removed.
Changes to Terms
Instahive can revise the terms at any time. Continued use of the platform indicates acceptance of changes.
Instahive’s Rights
Instahive may remove user accounts or content without notice for violations. They also reserve the right to deny access or terminate services for misconduct. Instahive does not monitor content but may retain a copy of your content after termination.
User Rights
Users have rights under the Digital Persons Data Protection Act (DPDPA) and can withdraw from the agreement within 30 days by notifying Instahive.
Termination or Suspension
Instahive can terminate or suspend accounts for violations without prior notice in certain situations. Termination does not entitle users to compensation.
Account Deletion
Users can delete accounts via sending email to us, but content may become irretrievable. Creators must settle all obligations before deletion.
Disputes
Legal disputes will be resolved through alternate dispute resolution. Instahive can initiate legal action as necessary.
Governing Law
This Terms of Use is governed by Indian laws, including the Consumer Protection Act, DPDPA, IT Act, and related regulations. Disputes involving creators or subscribers in India will be governed by Indian law and subject to the jurisdiction of Bhubaneswar courts.
Creator or Subscriber in India
Creators and subscribers accessing the platform from India are subject to Indian laws and the exclusive jurisdiction of Bhubaneswar courts for any disputes.
Creator or Subscriber Outside India
For creators or subscribers located outside India, the agreement is still governed by Indian law, with disputes handled in Bhubaneswar courts.
Miscellaneous
Creator-Subscriber Relationship
Instahive is not responsible for disputes or claims arising from interactions between creators and subscribers.
Privacy and Disclosure
Instahive does not sell or disclose user data for profit. Information about subscribers is shared with creators only upon purchase or enrollment in their content. Subscribers are responsible for the personal data they share.
Communications
By providing personal data, users consent to receive notices and communications from Instahive, which may incur charges from their service providers.
Assignment
Users cannot transfer this agreement without Instahive's consent, while Instahive can transfer it freely.
Waiver
Failure to enforce any provision does not waive that right.
Illegal or Abusive Conduct
Users must engage respectfully and are prohibited from illegal or abusive conduct. For guidelines, refer to the platform's rules.
Severability
If any provision is deemed unenforceable, the remainder of the agreement remains effective.
Force Majeure
Instahive is not liable for obligations affected by events beyond its control, such as natural disasters or cyberattacks. If a force majeure event lasts over 90 days, either party may terminate the agreement.
Losses
Instahive is not liable for any business losses, including profit loss or data corruption, due to platform use or external factors, including cyberattacks. Users accept these limitations by using Instahive's services.