Uplause Terms and Conditions

Effective 27 September, 2022

Uplause App, https://uplause.io/ and other services (“Uplause”) hosted by Crossroads Interactive Private Limited, is a content hosting, monetizing and sharing platform that enables creators to connect with their consumers better and gain the support of their content consumers through monetizing their content through offering subscriptions, courses 1-on-1 sessions & hosting their link-in bio.

  1. Time for an Uplause!

    • By using the Uplause, you agree to these Terms & Conditions (“Terms”) and the other policies that we link to here and on the Uplause App.
    • The Terms are applicable for Uplause App as well as the web service hosted by Crossroads Interactive Private Limited including “Uplause” , “Uplause App” & “uplause.io”.
    • Please read these Terms carefully and reach out if you have any questions. If you don’t agree with them, please do not use Uplause
    • The Terms are to be read in conjunction with the laws in the jurisdiction where Uplause is being used. In case of conflict, you are required to apply stricter of the two while dealing using Uplause.
  2. Creator account & Username
    To create an account and become a Uplause user, you must be at least 18 years old. If you’re creating an account on behalf of someone else, you must have their permission to do so. You’re responsible for your account and using it in a lawful way.

    • When creating an account with Uplause, you agree to comply with these Terms and that you’re:
      1. over 18, and
      2. legally able to enter these Terms with us.
      3. We will need a validated phone and email id to register both as a Creator as well as a Consumer.
    • If you’re using Uplause on behalf of a business or individual, you agree that you’re authorised by them to act and agree to these Terms on their behalf.
    • You’re responsible for anything that happens to your account, so keep your login details and password safe and don’t share them with anyone. If you think your account has been compromised, please contact us immediately.

    The username you choose must be appropriate for everyone and cannot infringe someone else’s rights.

    1. You can’t use the name of another person which comes across as impersonification, brand or company, have a username that is offensive, vulgar or obscene, or create an account with a username that you have no connection with just to profit from it in the future
    2. If any of these issues occur over your username, we’ll consider the circumstances reasonably and if required may require you to change it so that we may assign it to someone else. If you refuse, we may suspend or cancel your account.
    3. If there is no new content in your account for more than 6 months then we retain the right to cancel your account
  3. Uplause Creators

    1. Your content — What is Uplaudable and what is not
      We want Creators to use Uplause to engage in multiple content formats for their Consumers. The content which includes text, videos, video links and any other material cannot contravene any laws of the land, third party restrictions which is explained in section below. In addition, there are restrictions on the content which can restrict your access or remove from Uplause.

      • Any content deemed as hate speech, Instigating violence or bullying
      • Child Pornography. (_We will report the law authorities right away) _
      • Nudity & Explicit sexual content
      • Solicitation for paid sexual services
      • Any content promoting self-harm
      • Promoting sale of illegal items including drugs, weapons, alcohol or any other addictive substances.
      • Any material which infringes on IP and Copyrights

      In addition you warrant that all the content and any other material that you used:

      • does not violate the privacy, publicity, IP or other rights of anyone else
      • is yours or if you’re using third party content, you have all of the rights needed to use it in accordance to these “Terms”
      • your content will not (i) be misleading or deceptive, intended or designed to misinform, or likely to misinform a reasonable person, (ii) cause either of us to break any laws or legal obligations, and (iii) bring us into disrepute or damage our reputation;
      • your content doesn’t contain any viruses or other harmful code, files, or programs designed to interrupt or damage the functionality of the Platform or any other software, hardware or device;
      • you won’t post any unauthorised advertising, solicitations or endorsements on Uplause.

      We may ban or not show the content hosted by us in few jurisdictions to comply with the local laws.

    2. Your content — what we can do with it
      We want you to build and show-off your content as much as possible to your audience. You’ll retain all of your rights in your content but depending on which part of the application, intended accessibility of the content some of our rights would change.

      1. Content on Biolink

        • when you post content on your Link-in-Bio (“Biolink”), you grant us a license to
        • use, publicly display, distribute, modify, adapt and create derivative works of such content; and
        • use your name, image, voice, photograph, likeness and any other personal attributes in the content; on the Platform and in our marketing in all media (such as our social channels and any other advertising).
        • This license is worldwide, royalty-free and perpetual, which means we can use your content anywhere in the world, without paying you fees, for as long as we like. You agree that you have all third party rights necessary to post the content on Uplause and to grant us this license.
      2. Content on Subscriptions

        • For Creators, when you post your content through Subscription portion of the App you give us the license to modify or change the content in such a way to ensure consistency in User experience depending on the device, internet speed available to the consumer.
        • We will not use your paid content for any of our promotions without your explicit approval to do so.
      3. Other guidelines
        Please don’t share personal info that you don’t want visible to the world, and never post social security numbers, passport details or similar info that could cause harm in the wrong hands. You may only post personal info relating to others where you have their consent and have kept a record of it.

        We don’t have to monitor the accuracy, reliability or legality of your content, but we may choose to do so. We may modify, remove or restrict access to content at any time in line with these Terms or apply a sensitive content warning to content that we deem unsuitable for all audiences.

  4. Uplause Consumers
    As consumer and supporter of the Creator you in your interactions with the Creators you would not post any content:

    • deemed as hate speech, Instigating violence or bullying
    • Child Pornography. (_We will report the law authorities right away) _
    • Nudity & Explicit sexual content
    • Solicitation for paid sexual services
    • Any content promoting self-harm
    • Promoting sale of illegal items including drugs, weapons, alcohol or any other addictive substances.
    • Any material which infringes on IP and Copyrights
  5. Our Platform

    • We own the Platform, but give you a limited right to use to Creators for sharing content including paywalled content and consumers to viewing free as well as paywalled content by paying the fee as determined by the Creator.
    • We’re not responsible for any content, products or services made available by the Creators. We do not control the price set by the Creators nor the guarantee any services, offerings provided by the Creator.
    • All rights (including IP Rights) in and to the Platform (excluding your content) (the “Uplause”) are and will remain exclusively owned by Uplause or our licensors. You won’t acquire any rights in the Uplause IP and you’re not allowed to use it (including our brand name or logo) for any purpose (such as to imply a partnership with, or endorsement from Uplause), without our prior written approval.
    • As a user, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform to create, display, use, play, and upload content in accordance with these Terms. If we provide you with any images, icons, themes, fonts, videos, graphics, or other content, you must only use them on your profile and comply with any guidelines we make available to you.
    • You must not remove, obscure or alter any proprietary notices or trade marks on the Platform, or make unauthorised copies of, reproduce, distribute, licence, sell, resell, modify, translate, disassemble, decompile, decrypt, reverse engineer, create any derivative works from, or attempt to derive the source code of, the Platform or any part of it.
    • To the extent allowed by law, we’re not responsible for any opinions, advice, statements, products, services, offers or other content posted by other users on their profiles.
  6. Creator Fees

    • Creators can sign up Uplause on a free plan for the Link-in Bio service and create subscription plans by agreeing to revenue sharing agreement of 9.99% + applicable taxes on net revenue( Revenue adjusted for any payment to Google or Apple for Play Store or App Store connect & Payment processing fees). The pricing can change from time to time for which you will be given due notification.

    • Your subscription plans will start when you accept these Terms and continue until you cancel it. Please cancel all the Subscription plans when you want to discontinue your service. We will retain the content till the expiry of the last subscription in your account. Post this we would take down your content from the platform.

    • Creator portion of the earnings will be paid on the 15th and the last day of the month.

      If you need any support, please email to [email protected]. We will help you in deactivating the account.

  7. Cancellation & Refund Policy for Content Consumers

    • We do not guarantee any service or product that the Creator offers. Uplause is only an intermediary platform helping Creators interact and help them to get support from their content Consumers through tipping, subscriptions and one time purchases.
    • Once a purchase for a offering has been made, we cannot cancel or process any refunds.
    • We are not liable for any non-performance by the Creator.
    • In case you observe any discrepancy in offering, mal intent from the Creator or violation of the Terms please email to [email protected]. We will investigate into the issue and take due action.

    Please do note that irrespective of the above we would not guarantee or are liable for any refund.

  8. Privacy & data
    We care about the privacy of our Creators and Consumers. Our Privacy Notice explains how we handle your personal data for our own purposes.

  9. Confidentiality
    If we share any confidential information about us or the Platform with you, you must keep it secret and secure.

    From time to time, we may share info with you that is confidential (e.g. we may reveal new and upcoming features to you if you take part in beta testing with us). You must keep this info secret and secure and use reasonable measures to prevent others from accessing it.

  10. Liability

    • We are not liable for your use of the Platform and you’re responsible for keeping backups of your own content.
    • We are not liable for any damages suffered as a result of downloading, installing, or using the Platform, or copying, distributing, or downloading any content from the Platform. You have sole responsibility for the adequate protection and backup of your data, content, and devices used in connection with the Platform.
    • You will indemnify us against any loss arising out of a breach by you of these Terms, or a third party claim made against us in relation to your content.
    • Neither of us will be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage), whether for breach of contract, in tort (including negligence) or otherwise, even if we know such damage is possible.
    • Our liability to you under or in connection with these Terms or the Platform will not exceed the greater of the fees you paid to us at the time the liability arose, or INR 10,000.
  11. Disclaimer
    There’s a few things we disclaim under these terms.

    Your use of Uplause and any content contained on the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including (but not limited to), up-time or availability, or any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

    Uplause, its affiliates and its licensors do not make any express or implied warranties or representations, including that:

    • the Platform will function uninterrupted, securely or be available at any time or place;
    • any errors or defects will be corrected;
    • the Platform is free of viruses or other harmful components;
    • the Platform is effective or the results of using the Platform will meet your needs; or
    • any content on the Platform is complete, accurate, reliable, suitable or available for any purpose.

    These Terms apply to the maximum extent permitted by law and nothing in them is intended to exclude, restrict or modify legal rights that you may have, which cannot be excluded, restricted or modified by contract.

  12. Third Party Services
    We may include in the Platform, access to specific functionality or services which are provided by third parties like payment gateways including Paytm for payment gateway.

    Your use of any third party product or service may be subject to separate terms and conditions, which you’re responsible for reviewing, accepting and complying with. If you don’t accept or comply with those third party terms, we may suspend or cancel your account, or limit your access to such services within our Platform.

  13. App terms
    Using our app involves downloading and installing software to your mobile or tablet device. We may automatically update that software and these Terms will apply to any updates.

    The terms in this section apply where you download and use our app. We grant you a limited, revocable, non-exclusive, non-transferable, worldwide right to download and install the app on 1 device, which you own or control. You must not distribute or make the app available over a network where it could be used by many devices at once. Where we or you cancel your account, you must delete the app from your device.

    Where you download the app from the Apple or Google Play stores (“App Stores”) you also agree that:

    • these Terms are made between you and Uplause (and not the App Store). However, if any of these Terms is inconsistent with the App Store terms, the applicable App Store term applies;
    • we are solely responsible for the app and its content, any maintenance and support services, product warranties (if we haven’t disclaimed them), product claims and third party claims that the app or your use or possession of it, infringes another’s IP Rights. If you have a complaint about the app, or become aware of any third party claim, please email us at [email protected]
    • you’re not on a US government restricted parties’ list and you don’t live in a country which is subject to a US government embargo or designated as “terrorist supporting country”; and
    • the App Store and its subsidiaries are third party beneficiaries of these Terms, and will have the right to enforce these Terms against you as such a beneficiary.
  14. Cancelling your account

    • If you don’t comply with these Terms, we may suspend or cancel your account or limit the functionality of the Platform, which you have access to.
    • Depending on what the non-compliance is, we may not use this right to suspend or cancel your account, but if there is repeat non-compliance, or a material non-compliance, we are likely to. If we suspend or cancel your account, we will usually notify you beforehand (but we don’t have to) and you will not receive a refund of any fees paid upfront.
    • If you think your account has been cancelled by mistake or you have an issue with these Terms or the Platform, please email [email protected]. We will use all reasonable efforts to resolve the issue in good faith, and neither of us will bring any legal action on the issue until we have spent at least 1 month trying to work it out.
  15. Changes
    Uplause is constantly evolving and improving. From time to time we may make changes to the Platform or these Terms. If the change will have a significant negative impact on you, we’ll notify you beforehand.

    We may need to change these Terms from time-to-time to reflect business updates, changes to the Platform (including if we decide to discontinue any functionality, features or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests.

    We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes. However, if a change will have a material negative effect on you, we’ll use our best efforts to notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform).

    Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to stop using Uplause and cancel your account.

  16. Miscellaneous
    There’s a few more things we need to say before you can use Uplause.

    Laws may apply to you or us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these Terms, those laws will take precedence to the extent of the inconsistency.

    These Terms (along with the Privacy Notice and any other policies we link to) make up the entire agreement between you and us in connection with the Platform. No other term is to be included, except where required by law. All implied terms except those implied by statute which cannot be excluded are expressly excluded.

    If any provision of these Terms is invalid under the law of any country, then it will be severed from these Terms in that country and the remainder of these Terms will continue to apply.

    These Terms are governed by the laws of India. Both you and we submit to the exclusive jurisdiction of the courts of those jurisdictions.

    Our failure to insist upon or enforce any provision of these Terms will not be considered a waiver of any provision or right. Neither these Terms, nor the Platform, create a relationship of agent / principal between you and us.