TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name https://fluttr.social (the “Site”); the Site together with its Content, Marks and Whatsapp Application Integration of the Users shall hereinafter be referred to as “Platform”

The Platform is operated by Icekube Media Private Limited, a company incorporated under the Companies Act, 2013 with CIN – U74999MH2016PTC285597, having its registered office at 7, Golf View Park, Near Diamond Garden, Alyosis Soares Marg, Chembur, Mumbai 400071, Maharashtra (hereinafter referred to as "Company").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact and/or use the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Company and these terms and conditions including the policies constitute Your binding obligations, with Company.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has either agreed to become an Influencer (as defined hereinbelow) on the Platform by providing relevant registration data while registering on the Platform as registered user using the computer systems or can also refer to an unregistered User. Company allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our", “Company” shall mean Fluttr.

When You use any of the services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy available at https://fluttr.social/privacypolicy as amended from time to time.

1. BACKGROUND

The Platform is intended to provide information about Fluttr’s products and services. It also is intended for Users to sign up as “influencers” or “creators”.

2. DEFINITIONS

In these Terms of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:

“Account” means an account created by a User on the Platform (including Whatsapp Application Integrations as part of Registration.

“Merchant” refers to any entity whose Offers can be booked through the platform

“Influencer” refers to any natural person who has a social media account.

“Privacy Policy” means the privacy policy as found on https://fluttr.social/privacypolicy

“Book” means to book a Merchant’s Offer on these Terms of Use

“Register” means to create an Account on the Platform and “Registration” means the act of creating such an Account.

“Offer” means an opportunity to endorse a product/service provided by the merchant, including without limitation, any and all services as described within the offer details during the time of offer creation.

“Services” means all the services provided by Fluttr through the Platform to Users, and “Service” means any one of them,

“Users” means the users of the Platform, including “You” and “User” means any one of them.

“Material” means the content created by a User, as set out in the terms of an Offer, which must be created and uploaded to the social media account associated with the User.

“WhatsApp Application Integration” refers to the process of incorporating WhatsApp's features and functionalities into the Platform through the third-party service provider. This allows Users to interact with WhatsApp services directly within the application, enabling seamless communication and engagement. Integration may involve sending and receiving messages, sharing content, and utilizing various tools provided by WhatsApp.

3. MODIFICATION

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.

4. MEMBERSHIP ELIGIBILITY

The Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Company reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Company's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

5. PLATFORM ACCESS

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Platform provided that you comply with these Terms and applicable law.

6. GENERAL ASPECTS ABOUT THE SERVICES

Applicability of terms: The use of any services offered by the Platform are subject to these Terms of Use.

Location: The Platform, services offered and any bookings are intended solely for use by Users who access the Platform in India. We make no representation that the services are available or otherwise suitable for use outside of India. Notwithstanding the above, if you access the Platform or use the services from locations outside India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

Use of WhatsApp Application Integration and Third-Party Service Provider: We utilize a third-party service provider for integrating WhatsApp features into our Services.

Information Sharing: You acknowledge and agree that your use of the WhatsApp integration may involve sharing certain information with WhatsApp and our third-party service provider. This information may include but is not limited to event details, authentication data, and campaign-related information.

User Registration: In order to access certain features of our Services, you may need to register an account. You agree to provide accurate and complete information during the registration process.

Authentication: We may use email and phone number verification for user registration and authentication purposes. By using our Services, you consent to the use of your email address and phone number for this purpose.

Bot Usage: We may provide a bot to answer frequently asked questions ("FAQ") related to products and campaigns. The bot's responses are generated based on programmed algorithms and may not always be accurate or up-to-date.

Reliance on Bot: You acknowledge that the bot's responses are not a substitute for professional advice. We recommend verifying information through other means before making decisions based on bot responses.

Campaign Reach Out: We may use WhatsApp to contact influencers for potential endorsement campaigns. Such outreach does not constitute a binding agreement and is subject to negotiation and mutual agreement.

Endorsement Offers: If you, as an influencer, receive an Offer for endorsement via WhatsApp, it is your responsibility to review the terms, negotiate as necessary, and make an informed decision.

7. TERMS AND CONDITIONS FOR USERS/INFLUENCERS

We connect through our Platform, the brands with the influencers registered with us in lieu of rendering the Services.

The list of Influencers registered with us, will be exhibited to the brands once they register with us on our Platform.

Influencer shall ensure that any post and/ or action on social media for any brand is for promotional purposes and it should not result in negative publicity for the brand. Any such breach will terminate the influencer’s agreement with us and shall also be liable for appropriate compensation to the brand, if required.

Influencer while registering with us should provide accurate information about all of his or her social media handles and their traffic. Any misrepresentation whatsoever shall result in breach of these terms and conditions.

Fluttr shall not be held responsible in any manner for any communications (whether written or oral) between the brand and the influencer. Further, the Influencer shall ensure that he/ she shall not associate with any brand outside the Fluttr environment (without the express written consent of Fluttr), in case influencer does so, Fluttr shall have the right to permanently terminate the account of the influencer.

Influencer agrees to not solicit any campaign and/ or Services directly by the brand. If the influencer does solicit campaigns and/ or Services with the brand, the influencer’s account will be deactivated by us and he or she shall not eligible for any future campaigns released on the Platform.

The said engagement with the influencer is done in good faith. Any manipulation including but not limited to any data shared (traffic, reach) manually or through bots would void any agreement of the influencer with us and no payments shall be made to the influencer.

8. RULES ABOUT THE USE OF THE PLATFORM

We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Platform will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us.

We do not warrant that your use of the Platform will be uninterrupted and we do not warrant that any information transmitted via the Platform will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Platform, access to the Platform may be suspended, restricted or terminated at any time.

We do not give any warranty that the Platform is free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove without notice any information on the Platform from time to time. Your access to the Platform may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or services from the Platform at any time.

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

9. RESTRICTIONS

You shall not: (i) copy, distribute or modify any part of the Platform without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Platform; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Platform; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.

10. RESTRICTIONS

Need for registration: You must Register to make a Booking from the Platform.

Verify your account: You must verify your account to be able to place a Booking. The steps and procedures to verify your account are mandatory to place a Booking.

Booking an Offer: In order for the Influencer to place and attend the Offer:

The Influencer must accept that this is not a free Offer, and that they will fulfill what has been specified by the Merchant which forms the exchanged value for such Offer.

The Influencer must provide all necessary information and/or requirements set by the Merchant for an Offer.

Application of these Terms of Use: By making any Booking, you acknowledge that the Booking is subject to these Terms of Use.

Booking: Any attempted Booking not consistent with these Terms of Use may be disallowed or rendered void at our or the applicable Merchant’s discretion.

Responsibility for Bookings of perishable products of Offers: Each Merchant shall be responsible to ensure that any of its Offers for Booking that are perishable has not expired.

Restrictions: (a) Reproduction, sale, resale or trading of any Offers or Bookings is prohibited. (b) Booking of Offers is subject to availability of the relevant Merchants’ Offer.

Fluttr is Not Liable: For the avoidance of doubt, Fluttr shall not be liable for any losses or damages suffered by you resulting from the attending of an Offer or the failure by the relevant Merchant to fulfil any Bookings or Offers or for a failure by us to show you relevant available Offers to you due to the unavailability of such Offers.

Lost/stolen belongings: Neither we nor any Merchant shall be responsible for any lost or stolen belongings while attending the Offers that have been Booked.

11. YOUR OBLIGATIONS

Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your Booking relates to, as may be amended from time to time.

Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information.

Content on the Platform: It is your responsibility to ensure that any content or information posted by you through the Platform doesn’t breach the Terms of Use.

Prohibitions in relation to the usage of Platform: Without limitation, you undertake not to use or permit anyone else to use the Platform:-

to create any material which is not civil or tasteful

to create any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

to create any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

to cause annoyance, inconvenience or needless anxiety;

to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

for a purpose other than which we have designed them or intended them to be used;

for any fraudulent purpose;

other than in conformance with accepted Internet practices and practices of any connected networks;

in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

Prohibitions in relation to the usage of the platform: Without limitation, you further undertake not to or permit anyone else to:-

furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

execute any form of network monitoring which will intercept data not intended for you;

enter into fraudulent interactions or transactions with us or a brand/ user (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

use the Services on this Platform in breach of these Terms of Use;

engage in any unlawful activity in connection with the use of the platform; or

engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other user from properly using or enjoying the platform.

You are responsible to deliver all insights related to the campaigns/Offers you participate in, even if you do not enjoy the Offer.

You are responsible to comply with the requests or be held liable for the retail value of the Offers you fail to provide all specified requirements plus the insights associated with these requirements.

12. ACCOUNT

In order to use some of the services of the Platform, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Fluttr immediately of any breach of security or unauthorized use of your Account. As between you and Fluttr, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may do so via the Fluttr Site.

13. PAYMENTS TO FLUTTR

Except as expressly set forth in the Terms, your general right to access and use the Platform is currently for free, but Fluttr may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Platform unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Platform.

14. SHARING YOUR DATA WITH BRANDS AND INFLUENCER PAYMENTS

You understand, acknowledge and accept that if you sign up as a “creator” or “influencer”, your personal information and contact details may be shared with users of our Platform (such as brands or customers of Fluttr) and they may approach you with business or work opportunities. We shall merely mediate between you and the brands/customers and are not responsible in any manner for their practices. We do not guarantee any particular result or certainty for any prospective engagement or collaboration between You and the brands or customers of Fluttr.

Moreover: (A) We may facilitate payments to influencers/end users on behalf of brands (after deducting applicable commissions which shall be intimated to you for each respective engagement or collaboration), in which case we will use commercially reasonable efforts to facilitate the payment from the brand to the influencer/end user. (B) To the maximum extent permitted by law, such payments shall be deemed made by the brand and not by Fluttr. (C) You acknowledge and agree that to the maximum extent permitted by law: (a) Fluttr is merely the facilitator of any such payments and the obligation to pay, and/or any other obligation, requirement or consequence, in relation to such payment or the transaction with the influencers/end users, resides solely with the brand; (b) except for the payment facilitation, Fluttr bears no responsibility or liability of any kind in relation to any such payments, including, without limitation, in relation to tax, anti-money laundering and/or any disputes between the brand and influencer or other end users; and (c) that you shall not bring a claim or any form of legal action of any kind against Fluttr in relation to such payments. (D) You acknowledge that Fluttr uses third party payment systems for the payment facilitation and may, in the future, use other third party payment systems and that: (i) such third parties have terms, conditions and policies concerning the payment process which shall govern the payment process and prevail at all times; (ii) The third party, may discontinue or change the payment system in question which could delay or adversely affect the payment facilitation performed by Fluttr; and (iii) to the maximum extent permitted by law, Fluttr shall not bear any responsibility or liability of any kind in connection with (i) and (ii) above or for any action, omission and/or delay by, deriving from and/or related to such third parties and/or their payment systems. You shall cooperate in good faith with Fluttr in the event that a modification to these Terms is required under the agreement with third party payment providers or facilitators.

15. INTELLECTUAL PROPERTY RIGHTS

Content and Marks. The (i) content on the Platform, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the "Materials", the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Fluttr and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Fluttr”, the Fluttr logo, and other marks are Marks of Fluttr or its affiliates. All other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform and the Content.

Use of Content. Content on the Platform is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

16. USER SUBMISSIONS

Responsibility. The Platform may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Platform (including User Submissions) at any time and for any reason.

Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Fluttr to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Platform and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

License to User Submissions. By submitting the User Submissions to Fluttr, you hereby grant Fluttr a worldwide, irrevocable, non- exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Platform and Fluttr's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Platform or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

Exposure. You understand and acknowledge that when accessing and using the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that Fluttr is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies

Spam. You agree not to, and will not, use the communications systems provided by the Platform to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

17. INFORMATION DESCRIPTION

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Platform is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

18. LINKS

The Platform may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Fluttr. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party websites; and (ii) expressly release Fluttr from any and all liability arising from your use of any third party websites. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party websites that you may choose to visit.

Fluttr permits you to link to the Platform provided that: (i) you link to but do not replicate any page on this Platform; (ii) the hyperlink text shall accurately describe the Content as it appears on the Platform; (iii) you shall not misrepresent your relationship with Fluttr or present any false information about Fluttr and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party WebSite") which prohibits linking to third parties; (v) such Third Party WebSite does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

19. SUSPENSION AND TERMINATION

If you use (or anyone other than you, with your permission uses) the Platform, any Services in contravention of these Terms of Use, we may suspend your use of the Platform.

Fluttr reserves the right to suspend or terminate your account on the Platform at its sole discretion, in the event that you, as a User, have accepted a booking for an Offer and subsequently fail to deliver the promised services or cancel the booking without providing prior notice and a valid reason. Such actions are deemed to be in violation of these Terms of Use, and Fluttr may take appropriate action, including suspension or termination of your account, to uphold the integrity of the platform and protect the interests of other Users and Merchants.

If we suspend your account on the Platform, we may refuse to your account until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms of Use.

Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Platform; (b) suspend your use of the Platform; and/or (c) suspend the use of the Platform for persons we believe to be connected (in whatever manner) to you, if:

you commit any breach of these Terms of Use;

we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use; or

we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

at our sole discretion if we believe you have low engagement rate.

Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.In the event of account suspension, Fluttr will, at its sole discretion, cancel any and/or all upcoming bookings that you have been approved for. No remedy or compensation will be in lieu.

20. PRIVACY

We will use any personal information that we may collect or obtain in connection with the Platform in accordance with our privacy policy or policies which are available at “https://fluttr.social/privacypolicy”.

By registering as an Influencer on the Fluttr platform, you explicitly consent to the collection, processing, and storage of your personal data in accordance with the applicable protection laws. Fluttr will use this data for account management, communication, analytics, and legal compliance. Your personal data may be shared with trusted third parties for service provision. You have the right to access, correct, and delete your data. You can withdraw your consent by contacting Fluttr's data protection officer at fluttr.club@aer.media, but note that this may impact your platform access.

Furthermore, You acknowledge and agree that you hereby grant Fluttr access to communicate any number of Offers and/or otherwise in an effort to demonstrate the features, content, and/or services rendered by the Platform via message, Whatsapp and similar applications.

You acknowledge and agree that despite Fluttr's best efforts to safeguard your personal data, no data transmission over the internet can be guaranteed as completely secure. Therefore, Fluttr disclaims any warranty or guarantee regarding the security of your data against unauthorized access, loss, or disclosure.

Data Collection and Usage: We collect and process personal information as outlined in our Privacy Policy. By using our Services, you consent to the collection, processing, and sharing of your data as described in the Privacy Policy.

WhatsApp Data: You acknowledge and agree that your interactions with WhatsApp through our Services are subject to WhatsApp's own privacy policies and terms of use.

Data Processing by Third-Party WhatsApp Integrator:

Data Processing Purpose: You acknowledge and agree that the third-party service provider responsible for WhatsApp integration may read, analyse, and process relevant information exchanged through the integration. This processing is for the purposes of driving engagement for the influencers and providing opportunities for endorsement campaigns. Furthermore, the Company may utilize the data and further analyze by itself or through

Data Security: We have taken measures to ensure the security of the data processed by the third-party service provider. However, we cannot guarantee the security of third-party systems or the transmission of data over the internet.

Third-Party Privacy Policies: You understand that the data processing activities by the third-party service provider are subject to their own privacy policies and terms of use. We recommend reviewing these policies to understand how your data is handled.

Consent: By using our Platform and engaging with the WhatsApp integration, you consent to the data processing activities described in this section.

Specific Indemnification: You agree to indemnify and hold Fluttr, its affiliates, officers, directors, and employees harmless from any claims, losses, liabilities, damages, expenses, or demands, including reasonable attorneys' fees, arising out of or related to your use of the Services, violation of these Terms, or violation of any rights of another party.

21.COPYRIGHT POLICY

It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with applicable law.

22. WARRANTY DISCLAIMERS

This section applies whether or not the services provided under the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

The platform is provided on an "AS IS" and "AS AVAILABLE" basis, and without warranties of any kind either express or implied. Fluttr hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Fluttr does not guarantee that the platform will be free of bugs, security breaches, or virus attacks. The platform may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Fluttr will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the platform by a third party.

Fluttr does not warrant, endorse or guarantee any content that appears in a user submission, and does not make any representation or warranty with respect to, and disclaims all liability for, any such content.

We do not warrant that the Platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Platform will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we may use reasonable efforts to include accurate and up-to-date information on the Platform, we make no warranties or representations as to its accuracy, timeliness or completeness.

We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the the services offered in the Platform, your access to, use of or inability to use the Platform or the services offered in the Platform, reliance on, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Platform and these Terms of Use. For the purposes of these Terms of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Platform, or electronic mail transmitted to and from us, will not be monitored or read by others.

You acknowledge that Fluttr operates as a platform connecting Users and Merchants for the purpose of booking Offers, endorsements and promotions. While Fluttr strives to provide a reliable and secure platform, we expressly disclaim any liability for any direct, indirect, incidental, consequential, or special damages, losses, or expenses arising out of or in connection with the use of the platform, including but not limited to the products/services, the marketing and/or promotion of products, services, or Materials. Fluttr does not endorse, warrant, or guarantee the accuracy, completeness, or quality of any Offers, materials, or information shared through the platform. Users and Merchants are solely responsible for their interactions and transactions, and any reliance on the platform's content is at their own risk.

You specifically acknowledge that Fluttr shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any platform user and that the risk of harm or damage from the foregoing rests entirely with you.

Your reliance on, or use of, any user submission, or interaction with any platform user or owner, is at your sole risk. If you have a dispute with any platform user or owner in connection with the platform or any user submission, you agree that Fluttr is not liable for any claims or damages arising out of or connected with such a dispute. Fluttr reserves the right, but has no obligation, to monitor any such dispute.

Except as expressly stated in our Privacy Policy, Fluttr does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the platform.

23. LIMITATION OF LIABILITY

To the fullest extent permissible by law, Fluttr shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or out of your use of, or inability to use, the platform, even if Fluttr has been advised of the possibility of such damages or losses.

In no event shall the aggregate liability of Fluttr for any damages arising under these terms or out of your use of, or inability to use, the platform exceed the total amount of fees, if any, paid by you to Fluttr for using the platform during the three (3) months prior to such claim being raised.

24. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Fluttr and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Platform; (ii) your User Submissions; (iii) your interaction with any Platform user; (iv) The creation, uploading, sharing, or promotion of products or services, including any claims of intellectual property infringement, defamation, or violation of rights; or (v) Any breach of these Terms of Use, including failure to deliver services as agreed upon, cancellation of bookings without notice or valid reason, or any violation of applicable laws or regulations. This indemnification obligation shall survive the termination or suspension of the influencer's account and the use of the platform. (vi) any and all claims in relation to any and all products/services that are promoted (by you or another User) on the Platform.

25. TERM AND TERMINATION

These Terms are effective until terminated by Fluttr or you. Fluttr, in its sole discretion, has the right to terminate these Terms and/or your access to the Platform, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). To the maximum extent permitted by law, Fluttr shall not be liable to you or any third party for termination of the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you shall cease all use of the Platform. This Section 24 and Sections 14 (Intellectual Property Rights), 15. (User Submissions), 19 (Privacy), 21 (Warranty Disclaimers), 22 (Limitation of Liability), 23 (Indemnity), and 25 (Independent Contractors) to 28 (General) shall survive termination of these Terms.

26. INDEPENDENT CONTRACTORS

You and Fluttr are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Fluttr. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Fluttr.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Fluttr without restriction or notification to you. Any prohibited assignment shall be null and void.

28. GOVERNING LAW

Fluttr reserves the right to discontinue or modify any aspect of the Platform at any time. These Terms and the relationship between you and Fluttr shall be governed by and construed in accordance with the laws of Mumbai, Maharashtra You agree to submit to the personal and exclusive jurisdiction of the courts located in Mumbai, Maharashtra and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Fluttr may seek injunctive relief in any court of competent jurisdiction.

29. GENERAL

Notwithstanding anything to the contrary, (a) these Terms shall be construed, interpreted and enforced on a “to the maximum extent permitted by law” basis and (b) these Terms are not intended to limit or cancel your statutory rights unless permitted by applicable law governing such rights, in which case, the limitation or cancellation shall be construed, interpreted and enforced to the maximum extent permitted by such applicable laws. These Terms shall constitute the entire agreement between you and Fluttr concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

29. SOCIAL PLATFORMS

Fluttr uses authorized data from Instagram, YouTube, Google, Facebook, Twitter, and other platforms (“Social Platforms”). Such data is collected and stored to power Fluttr features. You can request your authorized data be deleted from Fluttr by contacting ‘fluttr.club@aer.media’. For example, Fluttr uses YouTube, Google, Facebook, Instagram, Twitter, and other Social Platforms’ APIs to collect authorized data. You can learn more about each respective Social Platform’s terms of service and privacy policies on their respective websites.

You can also revoke Fluttr’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings via thier respective websites. Note that revoking such authorizations may limit or eliminate certain functionality in Fluttr’s Products.

Since we believe that you should always understand how your data is used, if you have any questions about this, please contact us via ‘fluttr.club@aer.media’.

31. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Name: Mr.Saish Patil

Designation: Grievance Officer

Company: Icekube Media Private Limited

Address: 7, Golf View Park, Near Diamond Garden, Alyosis Soares Marg, Chembur, Mumbai 400071, Maharashtra

Email: fluttr.club@aer.media

Working Hours: 11am to 6pm (Monday to Friday)

Customer Support: You can reach our customer support team to address any of your queries or complaints via mail at: fluttr.club@aer.media