Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "Brand", "Creator", or "Agency") and Discovr AI Private Limited ("Discovr AI", "we", "us", "our"). By creating an account, accessing the platform at www.discovr.ai, or using any of our services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference).

If you are accessing or using the Platform on behalf of a company, brand, agency, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms, in which case "you" shall refer to that entity.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM AND MUST IMMEDIATELY CEASE ALL USE.

1.1 Eligibility

• You must be at least 18 years of age to use the Platform.
• You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
• You must not be barred from receiving services under applicable law, including sanctions lists maintained by India, the United States, the European Union, or the United Nations.
• Your use must comply with all local, national, and international laws applicable to you.
• If you have previously been suspended or terminated from the Platform for any reason, you may not create a new account without our express written consent.

1.2 Acceptance & Updates

We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date at the top of this document. For material changes, we will provide at least 14 days' notice via email or a prominent in-platform notice prior to the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform and may request account deletion per Section 13.

Discovr AI is an AI-powered influencer marketing intelligence and management platform that provides brands, agencies, and creators with tools for influencer discovery, audience analytics, campaign management, outreach automation, performance tracking, and related services (collectively, "Services"). The Platform connects brands and agencies with content creators across social media platforms including but not limited to Instagram, YouTube, TikTok, Facebook, Twitter/X, LinkedIn, and others.

2.1 Platform Roles

Brands: Companies or individuals who use the Platform to discover creators, manage influencer campaigns, and track performance.

Agencies: Marketing, PR, or creative agencies acting on behalf of one or more Brand clients.

Creators: Content creators, influencers, bloggers, and social media personalities whose data may appear in the Platform, either through registration or through public data aggregation.

Registered Influencers: Creators who have voluntarily created an account on the Platform.

Unregistered Influencers: Creators whose publicly available data appears in the Platform's database sourced from public social media profiles and APIs.

2.2 Platform Limitations

Discovr AI is a marketplace and intelligence platform. We are not a party to any agreement, campaign, or transaction between Brands and Creators unless expressly stated in a separate agreement. We do not guarantee the accuracy, completeness, or currency of Creator data sourced from third-party social media platforms.

• We do not endorse, verify, or recommend any Creator or Brand listed on the Platform.
• We do not guarantee campaign outcomes, engagement rates, follower authenticity, or return on investment.
• We are not responsible for the quality, legality, or performance of any content created by Creators.
• Social media platform data is subject to API limitations, rate limits, and accuracy constraints beyond our control.

3.1 Account Creation

To access most features of the Platform, you must register an account. You agree to provide accurate, current, and complete information during registration and to keep your profile information up to date at all times. You may only maintain one active account. Creating multiple accounts, including to circumvent a suspension or ban, is strictly prohibited.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must:

• Use a strong, unique password for your Discovr AI account;
• Enable two-factor authentication where available;
• Notify us immediately at security@discovr.ai upon discovery of any unauthorized access, suspected breach, or compromise of your credentials;
• Not share your login credentials with any third party, except authorized sub-users you explicitly grant access to through the Platform's user management features.

We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Sub-Users & Team Access

If you are a Brand or Agency account holder, you may grant access to team members through our multi-user features. You are responsible for all actions taken by sub-users under your account and for ensuring they comply with these Terms.

4.1 License to Use

Subject to your compliance with these Terms, Discovr AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes of influencer discovery, campaign management, and related activities as permitted by these Terms.

4.2 Prohibited Conduct

You expressly agree that you will NOT:

1. Access, use, or export the Platform in violation of any applicable law, regulation, or these Terms;
2. Use the Platform to build, develop, train, or improve a competing product, platform, or service, or to benchmark the Platform against a competitor product;
3. Scrape, crawl, index, copy, or extract any data, content, or information from the Platform using automated means, bots, spiders, scripts, browser extensions, or any other technical method, without our prior written consent;
4. Access the Platform's APIs or backend systems through undocumented endpoints or by circumventing rate limits or access controls;
5. Reproduce, redistribute, sell, resell, sublicense, or commercially exploit any data, reports, or content from the Platform outside of your licensed use;
6. Reverse engineer, decompile, disassemble, or attempt to derive the source code of any component of the Platform;
7. Attempt to probe, scan, or test the vulnerability of any Discovr AI system or network, or breach any security or authentication measures;
8. Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
9. Upload, transmit, or distribute any malware, viruses, Trojan horses, spyware, or other harmful code;
10. Use the Platform in connection with any illegal, fraudulent, harassing, defamatory, hateful, obscene, or otherwise objectionable activity;
11. Contact any Creator, Brand, or user through the Platform for purposes other than legitimate business collaboration;
12. Circumvent any paywall, access restriction, or subscription limitation;
13. Take any action that imposes an unreasonable or disproportionate load on our infrastructure;
14. Access the Platform in a manner intended to avoid incurring fees;
15. Share, export, or transmit Creator personal data obtained through the Platform to unauthorized third parties or for purposes not permitted by these Terms;
16. Use Creator contact information obtained through the Platform to send unsolicited commercial communications (spam);
17. Violate the terms of service of any social media platform whose data is accessible through the Platform (including YouTube, Instagram, TikTok, Meta).

4.3 Anti-Circumvention

If you identify or are introduced to a Creator through the Platform, you agree not to conduct any business, campaign, or collaboration with that Creator outside of the Platform for a period of six (6) months from the date of first contact, unless: (a) you already had a pre-existing direct relationship with that Creator prior to using the Platform (which you must be able to document), or (b) you have obtained our prior written consent. Violation of this provision constitutes a material breach and may result in account termination and pursuit of damages.

4.4 Creator Outreach Conduct

When using the Platform to contact Creators, you agree to:

• Send only legitimate, professional business communications;
• Comply with all applicable anti-spam laws including India's Information Technology Act, the US CAN-SPAM Act, Canada's CASL, and the EU's ePrivacy Directive;
• Respect Creator responses, including opt-outs and refusals, and not send repeat messages to Creators who have declined contact;
• Not use deceptive subject lines, false sender information, or misleading campaign descriptions;
• Comply with all applicable FTC, ASCI (India), and equivalent disclosure requirements for sponsored content in each relevant jurisdiction.

5.1 Data Sources

The Platform aggregates data from multiple sources including: (a) Creator-submitted profile information from registered accounts, (b) publicly available social media data accessed via official platform APIs (YouTube Data API, Instagram Graph API, TikTok Research API, etc.), (c) public web data from social media profiles set to "public", and (d) third-party data providers where applicable. We do not collect or store data from private, password-protected, or restricted profiles.

5.2 Data Accuracy Disclaimer

All Creator data, metrics, analytics, and audience insights provided through the Platform are sourced from third-party platforms and are provided on an "as is" basis. Discovr AI makes no representation or warranty regarding the accuracy, completeness, timeliness, or reliability of any Creator data, including follower counts, engagement rates, audience demographics, or historical performance data. Social media platforms may change their APIs, policies, or data structures at any time, which may affect data availability and accuracy.

5.3 Creator Profile Rights

Registered Creators grant Discovr AI a non-exclusive, worldwide, royalty-free license to display their profile information, social media handles, publicly available content, and performance metrics on the Platform for the purpose of facilitating influencer marketing connections. This license terminates upon account deletion, subject to retention requirements in Section 13.

Unregistered Creators whose publicly available data appears in the Platform may request removal of their profile per Section 14.3.

5.4 No Ownership of Creator Content

Discovr AI does not claim ownership over any content created by Creators. All intellectual property rights in Creator content remain with the respective Creator. Brand licenses to use Creator content must be independently negotiated between Brands and Creators. Discovr AI has no liability for any unauthorized use of Creator content by Brands or third parties.

5.5 Authentic Engagement Policy

All campaign performance data presented on the Platform reflects data sourced from social media platforms. Discovr AI expressly prohibits the use of the Platform to facilitate or enable:

• Purchase of fake followers, bot-generated engagement, or any form of artificial metric inflation;
• Coordination of inorganic engagement pods, view exchanges, or mutual-boosting schemes;
• Misrepresentation of Creator audience authenticity or demographic data to Brands;
• Any campaign activity designed to deceive Brands about the genuine reach or influence of a Creator.

Any Brand or Creator found to be engaged in such activities will have their account immediately suspended and may be subject to recovery of fees paid.

6.1 Subscription Plans

Access to certain features of the Platform is subject to paid subscription plans as described on our pricing page (www.discovr.ai/pricing). All prices are displayed in Indian Rupees (INR) unless otherwise specified and are exclusive of applicable taxes including GST. We reserve the right to modify pricing with 30 days' prior written notice to active subscribers.

6.2 Billing & Renewal

Subscriptions are billed in advance on a monthly or annual basis as selected at sign-up. Unless you cancel before the renewal date, your subscription will automatically renew for the same plan at the then-current price. You authorize Discovr AI to charge your payment method on file for each renewal period.

6.3 Refund Policy

Refunds are not provided for subscription fees except in the following circumstances:

• Technical issues caused by Discovr AI that render the Platform substantially unusable, where the issue persists for more than 5 consecutive business days and is not resolved to your satisfaction;
• Billing errors resulting in duplicate or incorrect charges;
• Accidental renewal within 48 hours of the renewal date, where no Platform features were used during the renewal period.

Refund requests must be submitted to billing@discovr.ai within 30 days of the charge. Partial refunds for unused subscription periods are not provided unless required by applicable law.

6.4 Taxes

You are responsible for all applicable taxes, including GST (in India) and any local, state, or national taxes in your jurisdiction, arising from your use of the Platform. Where required by law, Discovr AI will collect and remit GST on subscriptions sold to Indian customers.

6.5 Payment Methods

We use third-party payment processors, currently including Razorpay (for India) and Stripe (for international payments). By providing payment information, you authorize us to charge your selected payment method and agree to the terms of the applicable payment processor. We do not store full payment card details on our servers.

6.6 Suspension for Non-Payment

If any payment is declined or past due, we reserve the right to suspend access to paid features with 7 days' notice. If the payment issue is not resolved within 30 days of suspension, we may terminate your account and retain or delete your data in accordance with our Privacy Policy.

7.1 Discovr AI Ownership

The Platform, including all software, algorithms, artificial intelligence models, user interfaces, databases, designs, trademarks, brand elements, proprietary methodologies, and all content created by Discovr AI (collectively, "Discovr AI IP"), is owned by or licensed to Discovr AI and is protected under applicable intellectual property laws including the Indian Copyright Act 1957, the Trade Marks Act 1999, and equivalent international laws.

Nothing in these Terms transfers any ownership of Discovr AI IP to you. Your right to use the Platform is a limited license only and does not include any right to copy, reproduce, distribute, sell, or create derivative works from Discovr AI IP.

7.2 User Content

You retain all ownership rights in any content, campaign briefs, reports, lists, and data that you create, upload, or submit through the Platform ("User Content"). By submitting User Content, you grant Discovr AI a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely to the extent necessary to provide the Services to you.

7.3 Feedback

If you provide suggestions, feedback, feature requests, or ideas about the Platform ("Feedback"), you hereby assign all rights in such Feedback to Discovr AI. We may use Feedback for any purpose without compensation to you. This assignment is irrevocable and does not require any acknowledgment.

7.4 Aggregated & De-identified Data

We may use aggregated, anonymized, and de-identified data derived from Platform usage (including campaign benchmarks, industry trends, and engagement statistics) for product improvement, research, and marketing purposes. Such data will never identify you, your campaigns, or individual Creators.

7.5 Anti-Competitive Protections

You expressly agree not to:

• Use the Platform to gather competitive intelligence about Discovr AI's features, pricing, data, or algorithms;
• Use your access to the Platform to develop, build, or assist in building a competing product or service;
• Copy, reproduce, or replicate Discovr AI's data model, taxonomy, scoring methodology, or platform architecture;
• Disclose confidential Platform information (including pricing, feature roadmaps, or undisclosed functionalities) to any third party or competitor.

Each party ("Receiving Party") may receive non-public, proprietary, or confidential information from the other party ("Disclosing Party") in connection with use of the Platform ("Confidential Information"). Confidential Information includes, but is not limited to: campaign strategies, business plans, pricing, Creator relationships, technical documentation, and any information marked as confidential.

The Receiving Party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent; (c) use Confidential Information solely to exercise rights or fulfill obligations under these Terms; and (d) apply at least the same level of protection as it applies to its own confidential information, but no less than reasonable care.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was already known to the Receiving Party prior to disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.

Confidentiality obligations survive termination of these Terms for a period of five (5) years.

The Platform integrates with and displays data from third-party social media platforms and services, including but not limited to YouTube, Instagram, TikTok, Facebook, Twitter/X, and LinkedIn. Your use of such integrations is also subject to the applicable terms of service and privacy policies of those platforms.

Specifically, our use of YouTube API Services is subject to the YouTube Terms of Service (https://www.youtube.com/t/terms) and Google's Privacy Policy (https://policies.google.com/privacy). By using our Platform, you agree to be bound by those terms to the extent applicable. You may revoke our access to your YouTube data at any time via your Google Account security settings (https://myaccount.google.com/connections).

We are not responsible for the availability, accuracy, content, security, or privacy practices of any third-party platforms or services. Links or integrations to third-party services do not constitute our endorsement of such services.

10.1 Brand & Agency Warranties

By using the Platform as a Brand or Agency, you represent and warrant that:

1. All campaign materials, brand assets, and content you provide are accurate, not misleading, and do not infringe the intellectual property or other rights of any third party;
2. You have all necessary licenses, consents, and approvals to use all brand materials and third-party assets in connection with influencer campaigns;
3. Your campaigns comply with all applicable laws, including consumer protection laws, advertising standards, and FTC/ASCI disclosure requirements;
4. You will not use Creator data obtained through the Platform in violation of applicable data protection laws;
5. You are responsible for all agreements you enter into with Creators and for ensuring Creators are compensated in accordance with those agreements.

10.2 Creator Warranties

By registering as a Creator on the Platform, you represent and warrant that:

1. You own or control all content you create and have the right to grant licenses as described herein;
2. Your social media following and engagement metrics are genuine and not artificially inflated;
3. You will comply with all applicable advertising disclosure laws and platform policies when posting sponsored content;
4. Your content does not infringe any third-party intellectual property, privacy, or publicity rights;
5. You are not subject to any agreement that would prevent you from using this Platform or participating in campaigns offered through it.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCOVR AI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA, METRICS, OR ANALYTICS PROVIDED THROUGH THE PLATFORM;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE CONDUCT, QUALITY, OR PERFORMANCE OF ANY CREATOR OR BRAND;
• WARRANTIES THAT ANY PARTICULAR CAMPAIGN WILL ACHIEVE SPECIFIC RESULTS OR RETURN ON INVESTMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCOVR AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM.

IN NO EVENT SHALL DISCOVR AI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO DISCOVR AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) INR 10,000 (TEN THOUSAND RUPEES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Discovr AI and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

1. Your breach of any provision of these Terms;
2. Your User Content, campaign materials, or brand assets;
3. Your use of the Platform in violation of any applicable law or third-party right;
4. Any campaign, agreement, or transaction between you and a Creator or third party;
5. Your violation of any Creator's intellectual property, privacy, or publicity rights;
6. Any tax liability arising from your use of the Platform or payments made to Creators.

We reserve the right to assume control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

14.1 Term

These Terms commence on the date you first accept them and continue until terminated by either party in accordance with this Section.

14.2 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting support@discovr.ai. Termination does not entitle you to a refund of any prepaid subscription fees unless required by applicable law.

14.3 Termination by Discovr AI

We may suspend or terminate your account immediately, with or without notice, for:

• Material breach of these Terms, including prohibited conduct described in Section 4;
• Failure to pay any amounts due within 30 days of the due date;
• Any fraudulent, deceptive, or illegal activity;
• Actions that pose a security risk to the Platform or other users;
• Court order, regulatory requirement, or law enforcement request;
• Conduct that damages or threatens to damage Discovr AI's reputation or business relationships.

14.4 Effect of Termination

Upon termination: (a) your license to use the Platform immediately ceases; (b) all outstanding fees become immediately due; (c) you must destroy any Discovr AI data or confidential information in your possession; (d) you may export your own User Content for 30 days following termination notice, after which it will be deleted. Sections 7, 8, 10, 11, 12, 13, 15, and 16 survive termination.

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.2 Good-Faith Negotiation

Before initiating any formal dispute resolution, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of 30 days following written notice of the dispute.

15.3 Arbitration

If a dispute is not resolved through negotiation, it shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996 (India) as amended. The arbitration shall be:

• Conducted before a sole arbitrator mutually agreed upon by the parties, or appointed by the Mumbai Centre for International Arbitration (MCIA) in the absence of agreement;
• Seated in Mumbai, Maharashtra, India;
• Conducted in the English language;
• Resolved within 90 days of the arbitrator's appointment where practicable.

The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

15.4 Class Action Waiver

YOU AND DISCOVR AI AGREE THAT ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from courts of competent jurisdiction in Mumbai to prevent irreparable harm, particularly in connection with intellectual property rights, confidentiality, or unauthorized data access.

15.6 Jurisdiction

For any matters not subject to arbitration, both parties irrevocably submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

15.7 Statute of Limitations

Any claim arising from or related to these Terms must be brought within two (2) years of the date the cause of action accrues, or such shorter period as required by applicable law.

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Addendum (if applicable), and any subscription order form or agreement, constitute the entire agreement between you and Discovr AI with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

16.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Discovr AI.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, restructuring, or sale of all or substantially all of our assets, without notice to or consent from you.

16.5 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemic, internet or utility outages, or third-party platform outages. The affected party must notify the other within 48 hours of the force majeure event.

16.6 Independent Contractors

The relationship between you and Discovr AI is that of independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between the parties.

16.7 Notices

Legal notices to Discovr AI must be sent in writing to legal@discovr.ai. We will send notices to you via the email address on file for your account. Notices are effective upon receipt or, for email, upon sending.

16.8 Language

These Terms are executed in the English language. In the event of any conflict between an English version and a translation, the English version prevails.

16.9 Contact

For questions about these Terms, contact: legal@discovr.ai | Discovr AI Private Limited | Mumbai, Maharashtra, India