Startup Instant – Terms of Service
(Last updated on 9th September 2021)
These Terms of Use (“Terms”) govern your use of our website https://Startup Instant.com/ and/or the Startup Instant mobile application (collectively, the “Platform”) made available by Startup Instant Tech Pvt. Ltd. (“Startup Instant”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at Startup Instant India Private Limited., FF-15 Pearl Omaxe Tower, Netaji Subhash Place, New Delhi – 110034. The terms “you” and “your” refer to the user of the Platform.

These Terms are to be read with the Startup Instant Content and Community Guidelines, Startup Instant Policy and Startup Instant Cookie Policy.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with the laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

You and we are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms.

CHANGES TO TERMS AND SERVICES
Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.

We may remove or add functionalities to our Platform and Services without any notice. We notify all the users whenever there is an update to our Terms of Use and related policies.

WHO MAY USE OUR SERVICES

Our Platform helps you stay in touch with your friends and enables you to share text, images, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform (“Service/Services”).

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such an entity to these Terms and effectively “you” and “your” shall refer to the company.

Please ensure that you are allowed to use our services under the law.

HOW TO USE OUR SERVICES
We have developed a unique platform. Our Services are available exclusively in regional languages, currently in Hindi, Bengali, Telugu apart from English. We strive to give you personalized content and show you content that you will enjoy. We also allow you to share content that is available on our Platform and share your Startup Instant experience across social media platforms. To use our Services, you must register on our Platform. When you register with us using the Startup Instant mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera. However, we do not read any information stored on your mobile device and computer without your permission.

PRIVACY POLICY
To effectively provide and introduce any new services to you, we collect certain information such as your phone number, your gender and your name. We may further request and store additional information. Such information is stored securely on amazon web services or “AWS” cloud servers, thereby also subject to the terms of the AWS Cloud privacy policy. The Startup Instant Privacy Policy explains how we collect, use, share and store the information collected. The Startup Instant Privacy Policy also details your rights under the law and how you may control the data you provide us. We have described how we store and use this information in the Startup Instant Privacy Policy.

YOUR COMMITMENTS
Providing a safe and secure Service for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you on the Startup Instant Platform (including any violation of these Terms) along with the commitments given by you below. By using our Services, you agree and acknowledge the following:

a. No Impersonation or False Information to be Provided
While you do not have to use your actual name on our Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services. In the event you are operating a parody account for satirical or comedic purposes, you must state the same in your Startup Instant bio.

b. Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking, virus attacks and other cybercrimes. You will ensure that you have the requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and

not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number or email id.

While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.

c. Content Removal and Termination
Your usage of our Platform is governed by the Startup Instant Content and Community Guidelines. If any of our users report your content that violates the Startup Instant Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Startup Instant Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at contact@Startup Instant.com

We may remove any content that is shared on our Platform if such content is prohibited under the Startup Instant Content and Community Guidelines.

d. Platform Not to be Used For Anything Unlawful or Illegal
Our Platform is designed to accommodate the multiplicity of languages and cultures, as well as a diverse range of content. To this effect, we have developed various tags to classify the nature of the content. You must, therefore, correctly identify the nature of the content shared by you and tag it appropriately. You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons, or violates any laws of India, or is barred from being shared by any laws of India. We reserve the right to remove such content. Please read the Startup Instant Content and Community Guidelines. for further details.

In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have a good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand, however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

We have developed a platform for people to engage in amazing social experiences; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.

e. Content Rights and Liabilities

We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third party’s intellectual property rights. Such content is against Startup Instant Content and Community Guidelines. and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights vested in such content.

By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Startup Instant Privacy Policy.

You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for any consequences resulting from such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform or advertisers on the Platform.

You will always have the responsibility for the content you share. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.

1. Intermediary Status and No Liability

We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, Startup Instant Privacy Policy, and Startup Instant Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.

We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive,

or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

We are an intermediary under Indian law. We expect everyone to comply with the Startup Instant Content and Community Guidelines.

1. You Will Not Attempt to Disrupt or Jeopardize Startup Instant services

We have developed a community-driven platform. Therefore, you agree to not interfere with or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technical design and architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.

You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and may report your actions to the police and/or relevant legal authorities.

COMPLIANCE REQUIREMENTS

Relevant news and current affairs publishers need to provide details of their Startup Instant user accounts to the Ministry of Information and Broadcasting as per applicable regulations.

PERMISSIONS YOU GIVE TO US

You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are:

1. Permission to Share Your Profile Information with Third Parties

While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share any data that we may collect including but not limited to your username, profile pictures, gender, your usage and engagement habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.

1. Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the Startup Instant mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the Startup Instant mobile application to your mobile device each time such an update is generated for a better experience.

c. Permission to Use Cookies
We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Please see the Startup Instant Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including your choices relating to such technologies.

d. Data Retention
We shall have the right to retain certain information regarding your usage of the Platform. Please view the Startup Instant Privacy Policy for further information relating to the collection, processing, storage and use of your information by us.

You grant us the right to process, store and retain information relating to you.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

a. Who Has Rights Under These Terms
The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.

b. How Will We Handle Disputes
In all cases, you agree that disputes will be subject to the laws of India and the judiciary shall have exclusive jurisdiction over all such disputes.

LIMITATION OF LIABILITY
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any user of the Platform.

The Platform and Services are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.

In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.

In the event, any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of:

(i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or willful misconduct. This obligation will survive the termination of our Terms.

UNSOLICITED MATERIAL
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

GENERAL
If any aspect of these Terms is unenforceable, the rest will remain in effect.
Any amendment or waiver to our Terms must be in writing and signed by us.
If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
We reserve all rights not expressly granted to you.