Terms of use
Welcome to Memedd App Pvt Ltd (hereinafter referred to as “Organization”, “we”, “us”, “our”), a company incorporated under the laws of India and having its registered office at 3 No.61, “Nalanda”, Opp. Basavanagudi Head Post Office, K R Road, Basavanagudi, Bangalore Karnataka 560004. We are the owner of “Solo” (hereinafter referred to as the “Platform”) and have formulated these Terms in accordance with the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
These Terms of Use (“Terms”) are published in accordance with the provisions of the Information Technology Act, 2000 and the Rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use on an online portal by the Organization. We request you (the “User”) to go through the Privacy Policy and these Terms carefully before you decide to access the Services on this Platform. These Terms form a legally binding agreement between the Organization and the User.
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Applicability of terms:
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By accessing or using our Platform you acknowledge that you have read, understood, and agree to be bound by the Terms laid down here. In these Terms, references to “you”, “your”, “User” shall mean the end user/customer/creator/brand accessing the Platform, its contents, availing the Services offered through the Platform.
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We reserve the right to modify, alter or update these Terms at any time at our sole discretion by posting any such modified, altered or updated version of this agreement on our Platform.
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All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you wish to avail our Services. Your continued use of our Services after any modifications, alterations or updates of the Terms are made, shall constitute your acknowledgement of such changes.
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We reserve the right to modify, suspend, or discontinue our Services, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice.
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The User agrees that neither we nor any of our affiliates shall be liable to the User or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content, feature or product offered through the Services. The User’s continued use of our Services after such changes will indicate their acceptance of such changes.
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If the User chooses to not be bound by these Terms, the User may not subscribe to or use our Services as provided over the Platform. We encourage our Users to read these Terms carefully before proceeding and using the Platform.
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Privacy:
We have developed a Privacy Policy in order to inform you of our practices with respect to the collection and processing of your information which is accessible at [insert hyperlink]. By using our Services you agree to the terms of the Privacy Notice.
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Services offered:
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This Organization is a private limited company engaged in the business of integrated and social media marketing revolving around memes and influencers.
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The Platform is a vibrant marketplace where creators compete by showcasing their content and ideas across different formats. It is a dynamic platform bridging creators and businesses, democratizing content creation. Through brief-based competitions, creators link their social media handles, craft content aligned with the brief, and get evaluated based on predefined criteria by the Organization’s administrators (“Service/Services”).
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The Platform is inclusive, welcoming creators of all sizes—whether 10,000 followers or a million—with opportunities to earn substantial prizes. Different competition levels ensure minimum payouts for approved content, with potential for more earnings as creators hit objectives like views.
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Content failing to meet the competition's criteria shall not be eligible for payouts. In instances of campaign disputes, the ultimate decision lies with the Platform. The community rules governing Instagram, Facebook, YouTube, and X shall extend to the Platform as creators link their content from these social media accounts. Compliance with the respective platform rules is mandatory for content showcased on the Platform.
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Creators can link multiple social media accounts, such as Instagram, Facebook, YouTube, and Twitter, without any minimum follower requirement for registration. While participating in challenges, a creator's follower count can impact potential earnings. The maximum payout eligibility is based on a content's ability to reach the specified maximum views in a given challenge.
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Earning potential depends on both follower count and content virality. Even creators with fewer followers can earn significantly if their content achieves the maximum views set for a challenge.
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Upon meeting the initial milestone, which involves uploading content onto the Platform, creators are eligible for a minimum payout. Only approved content qualifies for challenges and subsequent payouts.
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Following completion of the challenge and leaderboard announcement, payouts will be credited to the bank account of the creators, details of which will be specified on the Platform.
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We reserve the right to add or remove Services from its overall offerings without prior notification.
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User Account and Login:
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Both creators and brands will need to create separate accounts to access the Services offered by the Platform. Creators will use the mobile app to create their accounts, while brands will access the Services through the web app by creating their accounts there.
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Users are provided with the option to register on the Platform utilizing either their mobile number or Gmail ID. Additionally, iPhone users have the provision to register using their Apple ID.
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The User shall be responsible for maintaining the confidentiality of the User’s display name and password and the User shall be responsible for all activities that occur under the User’s display name and password. The User agrees that if the User provides any information that is untrue, inaccurate, not current or incomplete, the Organization shall have the unequivocal right to indefinitely suspend or terminate or block access of the User’s membership on the Platform.
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Payment Structure:
At present, the Platform does not impose any subscription fees on the Users. In the event of any alterations to this Terms, Users will receive notification. Users are encouraged to periodically review this section for updates.
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Conditions For Use:
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The User will utilize the Services provided by us and our affiliates, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and conducting any transactions on the Platform.
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The User will provide true, accurate, complete and current information in all instances where such information has been requested from the User. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the User details are found not to be true (wholly or partly), the Organization maintains the right in its sole discretion to debar the User from using the Services of the Platform.
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The User will use its best and prudent judgment before entering into any transaction or availing our Services through this Platform.
The User may not use the Platform for any of the following purposes:
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disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material which shall include but not be limited to information in any form.
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transmitting material that encourages conduct or incites any activities that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
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gaining unauthorized access to other computer systems.
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interfering with any other person’s use or enjoyment of the Platform.
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breaching any applicable laws.
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interfering or disrupting networks or web sites connected to the Platform.
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making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner including Intellectual Property and confidential information which shall include but not be limited to design details, colours, counselling session videos etc.
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Third Party Websites:
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The Platform may include links to other websites whose terms and privacy practices may differ from those of the Organization. The inclusion of a link does not imply any endorsement by the Organization of the third-party website, the website’s provider, or the information on the third-party website.
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If the Users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third-party websites and the Organization disclaims all responsibility or liability with respect to any information shared on such websites which shall be governed by their respective terms, policies and thereafter maintained and/or utilized by the websites. The Users are encouraged to carefully read the terms and privacy policy of any website that they visit.
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Intellectual Property Rights:
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The Organization is the sole owner and lawful licensee of all the rights connected with the Platform and its content. For the purpose of this clause, the content on the Platform includes its design, layout, text, images, graphics, sound, video, podcasts, button icons, logos etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Platform and its content shall remain with the Organization, its affiliates or licensors of the content, as the case may be.
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Trademarks: The Organization’s name, the logo and all related names, logos, product and service names, designs and slogans are trademarks of the Organization or its licensors. The User must not use such marks without the prior written permission of the Organization.
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The User agrees that they will not use, publish, reproduce, display, distribute, or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Platform or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
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Indemnity:
The User hereby agrees to indemnify and keep indemnified, defend and hold the Organization, its agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from the User’s use of the Platform or the Services and / or the violation of this agreement by the User.
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Termination:
The User understands and agrees that the Organization reserves the right to terminate the User’s registration and / or terminate the User’s right to use the Platform or avail the Services for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. The User further understands and agrees that any such termination may be effected without prior notice to the User and the User acknowledges and agrees that the Organization may delete or deactivate the User’s account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.
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Limitation of liability:
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To the extent permissible by applicable law, in no event shall the Organization and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the availability, use, reliance on, or inability to use the Platform, Services, or any content or other materials on, accessed through or downloaded from the Platform or Services, including any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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Your sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Platform and/or Services. Nothing in these Terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms of use.
In no event shall the Organization be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
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the use or the inability to use or avail the Services or products on the Platform;
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unauthorized access to or alteration of the User's transmissions or data; and
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any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. The Organization shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform. The Users understand and agree that any material and/or data downloaded at the Platform is done entirely at Users’ own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data. The Organization’s liability shall be limited to an amount equivalent to the value of products purchased on the Platform.
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Survival:
In the event of termination of this agreement or the Terms laid down herein, the provisions relating to limitation of liability, indemnity, intellectual property rights and conditions of use shall survive.
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Waiver:
No term of these Terms shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by an authorized representative of the Organization. Any consent by the Organization to a waiver of a breach by the User, whether express or implied, shall not constitute consent to waiver of, or excuse for any other different or subsequent breach(s).
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Amendments:
We reserve the right to make changes to the Platform, policies, and these Terms at any time. The User will be subject to the Terms in force at the time that the User uses the Platform or at the time the User avails Services on the Platform, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining Terms and conditions.
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Governing Law and Dispute Resolution:
These Terms shall be governed by the laws of India and are not intended to be subjected to the laws or jurisdiction of any state, country or territory other than that of India. Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms, or to the User’s use of the Platform or the Service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. The sole arbitrator shall be appointed or nominated mutually by both the parties to the dispute and in accordance with Arbitration and Conciliation Act, 1996, as amended from time to time.
Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore, Karnataka, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.
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Severability:
If any provisions of these Terms are held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall remain to be enforceable in accordance with its terms; provided however that, in such event these Terms shall be interpreted so as to give effect, that is to the greatest extent, consistent with and permissible under applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
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Electronic record:
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the Rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. 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 the IT Act and the Rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.
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Complete Understanding:
The Organization is based in India. By browsing/using the Platform, you hereby acknowledge that the Organization is not responsible or liable in any manner to comply with any local laws of your territory except India.
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Grievance Officer:
We reserve the rights to remove or deactivate the User’s account if reported or so informed by any other User of the Platform or otherwise, for posting inappropriate messages or information through the Platform. If the User has questions or concerns or grievances regarding these Terms or any other User, the User can contact us as per these Terms, or if they wish to make a complaint, then please contact our grievance officer.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the grievance officer are provided below:
Name: [insert]
Designation: [insert]
Email: [insert]
Phone Number: [insert]