These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of the Whoyer Services (“Services”) offered on or through the Site and/or the Application and/or through any modes, medium, Whoyer or format (hereinafter collectively referred to as the “Platform”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This Terms and Condition is published in accordance with the provisions of Rule 3 (1) of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of Use for access or Usage of the Site.
Whoyer (hereinafter referred to as "Whoyer," "Platform," "Company," "We," "Our," or "Us") shall mean Whoyer Connect Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at No. 4/461, 2nd Floor, Suite # 603, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Thrikkakara, Ernakulam, Kerala, India - 682021.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Platform herein. Please review the Terms and Conditions from time to time. Your continued use of the Services following the posting of changes and/or modifications shall constitute Your acceptance of any revised Terms and Conditions. The Company retains the right at any time to deny or suspend access to all or part of the Services to anyone who the Company believes has violated any of these Terms and Conditions.
The terms "hereof,” "hereto," "herein," "hereunder," and similar expressions shall refer to this Terms and Condition as a whole and not to any specific provision of this Terms and Conditions.
Words in the singular include the plural and words referring to a specific gender shall be interpreted to include all genders.
Clause, sub clause and paragraph headings in this Terms and Condition are for reference and convenience only and shall not affect the interpretation of the provisions.
References to days, months and years shall correspond to English calendar days, calendar months and calendar years, respectively.
The term "writing" includes all forms of visible representation, including printing, typing, lithography, electronic records as defined under the Information Technology Act, 2000 and applicable rules or any other method of reproducing words visibly.
"Law" shall mean all applicable statutes, regulations, by laws, rules, policies, guidelines ordinances, directions and orders issued by any authorized.
"Person" shall mean any individual, partnership, corporation, company, unincorporated association, trust or other legal entity.
“Applicable Laws" or "Law" shall mean any applicable national, federal, state or local laws and all applicable subordinate legislation and regulatory codes of practice, including statutory instruments, guidance notes, circulars, directives, decisions, regulations, treaties, conventions, ordinances orders of any government agency, requirements or recommendations of any public, governmental or statutory authority.
“Application" or "App" shall mean and include the Whoyer mobile application provided by the Company.
“Brand” means any individual, company, organization, or entity that registers on the Application for the purpose of promoting its products, services, or identity by collaborating with Influencers through marketing campaigns, sponsored content, or other promotional activities facilitated via the Application.
“Collaboration” means any arrangement, partnership, or engagement facilitated through the Application between a Brand and an Influencer for the creation, publication, or promotion of content, products, or services, including but not limited to sponsored posts, brand endorsements, product reviews, or marketing campaigns.
“Influencer” means any individual or entity who creates, publishes, or shares content on social media or digital platforms, and who registers on the Application for the purpose of collaborating with Brands, promoting products or services, or participating in marketing campaigns through their social media presence and audience reach.
“Intellectual Property Rights" or "IPR" shall mean and include all registered and unregistered intellectual property rights, including but not limited to trademarks, copyrights, industrial designs, patents, domain names, trade secrets, methodologies, processes, software, codes, content, User information, images, text, illustrations, audio clips, video clips, logos and features associated with the Company, Services or the System.
“Platform” means the Whoyer mobile application, website, and any related digital services or systems operated and maintained by the Company that facilitate interactions, communications, and Collaborations between Brands and Influencers, including all content, features, tools, and functionalities made available to Users.
“System" shall refer to the Whoyer platform, including its Application, electronic communication network, software, hardware, files, images and data generated by or associated with the platform.
“Territory" shall mean and include the territorial jurisdiction where the Whoyer platform located, excluding all other countries and territories.
“User” means any individual or entity that accesses, registers, or uses the Application, including but not limited to Influencers, Brands, or any other persons interacting with the features, services, or content made available through the Application.
“User Information” means any data, content, or material provided, uploaded, or otherwise made available by a User through the Application, including but not limited to personal details, contact information, social media account data, demographic information, content performance metrics, payment details, and any other information necessary for facilitating Collaborations or providing services through the Application.
The Platform acts solely as an intermediary facilitating connections between Brands and Influencers. The Company does not guarantee the success or results of any Collaboration, nor does it verify the accuracy of user metrics, audience data, or any claims made by Users. The Platform assumes no responsibility for the conduct of Users or the outcomes of any Collaboration and is not a party to any agreement entered into between Brands and Influencers.
All Collaborations facilitated through the Platform shall establish an independent contractor relationship between the Brand and the Influencer. Under no circumstances shall either party be deemed an employee, agent, partner, or representative of the Platform or of each other. The Platform shall not be responsible for, nor have any control over, the manner or means by which either party performs its obligations under any Collaboration.
The listing or presence of any Brand, Influencer, or Collaboration on the Platform does not constitute an endorsement, recommendation, or verification by the Company. The Platform merely provides a medium for facilitating interactions between Brands and Influencers and does not evaluate, guarantee, or assume responsibility for the authenticity, reliability, quality, or legality of any User, content, or activity conducted through the Platform.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
We may collect, store and use your personal information for a variety of purposes essential to delivering our services effectively. This includes creating your unique user identification and verifying your identity once you have registered on our website or mobile application. We may use your information to communicate with you, respond to your inquiries and address your requests. Additionally, we may generate and provide personalized insights or reports based on the information supplied by the user. Such information may include, but is not limited to, the user’s name, contact details, social media handles, demographic information, audience metrics, engagement statistics, and any other relevant data necessary to evaluate performance, suitability, or potential collaboration opportunities between Brands and Influencers. For authentication and secure account access, we may collect passwords or other security credentials. If you engage in marketing collaborations through our platform, we will collect and process payment-related information to facilitate such transactions. All personal information will be handled in accordance with our Privacy Policy and applicable data protection laws.
If you choose to register for access to the services offered on this website, your personal information will be securely stored on our servers and will not be shared with any third-party organizations outside Whoyer, except as expressly stated in this policy. This Privacy Statement applies solely to our official website at www.whoyer.com, its sub-domains and our mobile application and does not extend to any external websites linked from our platform. Whoyer may use the information it collects to detect, investigate and prevent fraudulent activities and may disclose such information to authorized governmental bodies, regulatory authorities, or law enforcement agencies as required by law. We maintain strict security protocols to ensure that all personal data is protected against unauthorized access, disclosure, alteration, or destruction, in compliance with applicable data protection laws.
Subject to your compliance with these Terms of Use, Whoyer grants you a limited, non- exclusive, non-transferable and revocable license to access, use and display this application, along with the materials and content made available through it, solely for your personal, lawful and non-commercial purposes. This license does not constitute a transfer of ownership or any other rights to the application, its content, or any associated intellectual property.
You agree not to interrupt, disrupt, or attempt to interfere with the operation, functionality, or security of the application in any manner, including through the introduction of viruses, malicious code, or any other harmful components. You further agree not to attempt to gain unauthorized access to any portion of the application, other users’ accounts, or any systems or networks connected to Whoyer’s services.
Unless expressly authorized in writing by Whoyer, you shall not modify, adapt, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or other materials obtained from the application. Any use of the application or its content for purposes other than those explicitly permitted under these Terms is strictly prohibited and may result in the termination of your access, in addition to legal action, if applicable.
Brands are required to provide clear, complete, and accurate campaign briefs when initiating Collaborations through the Platform. Each campaign must specify all relevant details, including deliverables, timelines, compensation, and usage rights, at the outset. Brands shall ensure that all campaigns comply with applicable advertising, consumer protection, and intellectual property laws and shall not request the creation or distribution of any illegal, unethical, or otherwise prohibited content. Brands are further obligated to honor all agreed payment terms and schedules and to provide timely feedback and approvals on deliverables submitted by Influencers.
Brands may review and approve content created by Influencers prior to publication, as outlined in the applicable Collaboration agreement. All approval processes, criteria, and timelines must be clearly communicated to the Influencer in advance and shall be reasonable, ensuring that such reviews do not cause undue delay in the execution of the campaign or the publication of approved content.
Influencers are required to accurately represent their audience size, demographics, and engagement metrics when using the Platform or entering into Collaborations. They must not inflate statistics, purchase fake followers or engagement, or otherwise misrepresent their social media performance. Influencers shall promptly disclose any significant changes in their audience metrics and provide authentic analytics or performance data upon request. Furthermore, Influencers must not misrepresent or falsify information about past brand partnerships or campaign outcomes.
Influencers must comply with all applicable advertising and disclosure regulations, including the guidelines of the Competition Commission of India (CCI), the Advertising Standards Council of India (ASCI), or equivalent regulatory bodies in their jurisdiction. They are required to clearly and conspicuously disclose sponsored content by using appropriate identifiers such as hashtags, or by using the disclosure tools provided by the relevant social media platforms. Influencers must not obscure or conceal their material connection with Brands and are expected to remain informed and compliant with all applicable advertising laws and standards.
Influencers shall create and deliver content that meets the specifications, quality standards, and timelines agreed upon in their Collaboration agreements. While incorporating Brand requirements, Influencers are expected to maintain their authentic voice and creative integrity. They must secure all necessary rights and permissions for any third-party materials used, including music, images, or video clips, and must not engage in plagiarism or any infringement of intellectual property rights. All content created must comply with the policies and community guidelines of the relevant platforms, including but not limited to Instagram, YouTube, etc.
Influencers must ensure that all content created under a Collaboration is original, unless otherwise agreed in writing. They are required to share genuine opinions and experiences and must not make false or misleading claims regarding any product or service. Influencers shall fully disclose material terms and conditions associated with any offers promoted and must not promote products or services they have not used or experienced, unless such non-use is clearly disclosed.
Influencers are obligated to disclose any existing exclusivity agreements that may affect their participation in a Collaboration. They must honor all agreed exclusivity periods and avoid promoting competing brands where such promotion is restricted by the Collaboration terms. Influencers shall disclose any actual or potential conflicts of interest and are expected to maintain professional and transparent relationships with all Brands they engage with through the Platform.
Influencers are strictly prohibited from purchasing fake followers, likes, comments, or other forms of artificial engagement. Participation in engagement pods or other manipulation schemes is not permitted. Influencers may not reuse content from previous campaigns without proper disclosure or authorization and must not violate the terms of service of any social media platform. Additionally, Influencers may not delete sponsored content before the end of the agreed display period without the Brand’s consent, nor may they misrepresent campaign performance, metrics, or results in any manner.
All content, features, functionality, software, code, designs, logos, trademarks, and other materials available on or through the Platform are owned by the Whoyer Connect Private Limited or its licensors and are protected under applicable intellectual property laws. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purposes and in accordance with these Terms and Conditions. Users may not copy, reproduce, modify, distribute, sell, or create derivative works from any part of the Platform without prior written consent from the Whoyer.
By uploading content to the Platform, including profiles, portfolios, and messages, Users retain ownership of their content. However, Users grant the Platform a worldwide, perpetual, royalty-free license to use, display, reproduce, and distribute such content for purposes of operating, promoting, and improving the Platform. Users represent and warrant that they have all necessary rights and permissions to grant this license.
Intellectual property rights in content created through Collaborations are determined primarily by express agreements between Brands and Influencers. By default, the Influencer retains ownership of the content, while the Brand receives a usage license as specified in the Collaboration agreement. Licensed rights should clearly address duration, exclusivity, platforms, geographic scope, and permitted modifications. The Platform claims no ownership of Collaboration content unless explicitly agreed in writing.
Users may not use Platform trademarks without prior written permission, create confusion regarding affiliation with the Platform, use marks in a manner that disparages the Platform, or register similar marks or domain names that could infringe or dilute Platform trademarks.
The Platform respects intellectual property rights and complies with applicable copyright laws, including the Intellectual Property laws in India. The Platform responds to valid takedown notices and reserves the right to terminate the accounts of repeat infringers. Counter-notification procedures are available to Users who believe content was removed in error. Users agree to indemnify and hold the Platform harmless from any claims arising from infringement of third-party intellectual property rights.
Platform may remove any content that infringes intellectual property rights, violates these Terms and Conditions, violates applicable law or regulation, is reported by rights holders, or otherwise poses legal or regulatory risk to the Platform.
As a condition of using this application, you agree not to use it for any purpose that is unlawful, unethical, or otherwise prohibited by these Terms of Use. You shall not engage in any activity that could damage, disable, overburden, or impair Whoyer’s servers, or the networks connected to them, or that could interfere with any other user’s access to or enjoyment of the services provided through the application.
You further agree not to attempt to gain unauthorized access to any part of the application, other user accounts, computer systems, or networks connected to Whoyer’s services, whether through hacking, password mining, or any other unlawful or prohibited means. You shall not obtain or attempt to obtain any materials, data, or information by methods not intentionally made available or provided through the application.
The application and its content may contain inaccuracies, typographical errors, or clerical mistakes. Whoyer expressly disclaims any obligation to update the application or any materials contained therein. While reasonable efforts are made to ensure accuracy, Whoyer does not warrant the completeness, correctness, or reliability of any materials, reports, advice, opinions, statements, or other information displayed or distributed through the application.
The Platform and the Whoyer Connect Private Limited shall not be responsible or liable for (1) any choice or use of assessments, tools, or reports provided through the Platform, (2) the interpretation, reliance on, or application of any assessment, report, campaign fitment, or other output generated via the Platform, or (3) any decisions or actions taken by Brands or Influencers based on such assessments, reports, or outputs. All risks, outcomes, and consequences arising from such decisions or actions are solely the responsibility of the respective User. Any assessments, reports, or outputs provided through the Platform are intended solely for informational or guidance purposes and should not be considered statements of fact or relied upon as the sole basis for making decisions regarding Collaborations, marketing campaigns, or other business activities.
The primary purpose of the Platform is to provide guidance, insights, and information to Brands and Influencers. All views, information, advice, and opinions presented on the Platform are based on User-provided data, hypothetical scenarios, and the professional judgment of the Whoyer’s personnel. Such interpretations may be influenced by prevailing theories, studies, assumptions, or market trends at the time of preparation and, as they involve human judgment, are subject to change, revision, or reconsideration without prior notice. You acknowledge and agree that any reliance on such opinions, guidance, advice, statements, or information is entirely at your own risk, and the Platform shall not be responsible for any outcomes or decisions resulting therefrom, including those related to Collaborations, campaigns, or marketing activities.
The Whoyer reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Platform and to make changes to the Platform, its content, features, services, or pricing (if applicable) at any time without prior notice. The Platform is provided for collaboration and marketing purposes only and should not be construed as legal, financial, educational, or any other form of professional advice. Brands and Influencers acknowledge that all decisions regarding Collaborations, campaigns, or other marketing activities are made at their own risk, and the Platform does not guarantee the accuracy, completeness, or suitability of any information provided.
To the fullest extent permitted by law, the directors, managers, employees, partners, and other service providers associated with the Platform shall not be held responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind, including but not limited to loss of profits, loss or corruption of data, loss of goodwill, business interruption, work stoppage, or system failure, arising out of or in connection with: (i) your use of, or inability to use, the Platform or its features, (ii) your reliance on any information, materials, content, or outputs provided through the Platform, (iii) any services, tools, or functionalities offered via the Platform, or (iv) any Collaborations, campaigns, products, or services promoted, executed, or facilitated through the Platform, regardless of the form of action, whether based on contract, tort (including negligence), strict liability, or any other legal theory.
You agree to indemnify, defend and hold harmless Whoyer, its subsidiaries, affiliates, directors, officers, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or judgments (including reasonable legal fees) arising out of or related to: (i) your use or misuse of this application (ii) any violation by you of these Terms and Conditions, or (iii) any breach of applicable laws or regulations. Also Whoyer shall not be liable for the damage, losses, costs, expenses judgments, claims or liability caused due to the fault from the other party. This obligation shall survive the termination or expiration of your access to the application.
In accordance with Regulation 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2011, the Whoyer notifies you that you are strictly prohibited from sharing any content or information on the Platform that you do not have the right to share, or that is harmful, offensive, unlawful, or inappropriate. This includes, but is not limited to, content that is defamatory, obscene, invasive of privacy, or related to illegal activities such as money laundering or gambling. You are also prohibited from sharing any material that may harm minors or otherwise violate applicable laws and regulations. Users are solely responsible for ensuring that all content they post or share on the Platform complies with these requirements.
Whoyer reserves the right, at its sole discretion, to amend, modify, add to, or remove any part of these Terms and Conditions, in whole or in part, at any time. Such changes will take effect upon the posting of an updated version of the Terms on the application or website. Your continued access to or use of the application, products, or services after the posting of changes shall constitute your acceptance of the revised Terms.
Whoyer further reserves the right to modify, suspend, or discontinue any aspect of the application at any time, including but not limited to the availability of specific features, content, or services, without prior notice or liability. Whoyer may also impose limits on certain features or restrict access to parts or all of the application at its discretion.
You acknowledge and agree that Whoyer may, at any time and without notice, terminate the license, rights and authorizations granted to you under these Terms. Upon such termination, you must immediately cease all use of the application and destroy any materials obtained from it, whether in printed or electronic form.
Certain sections, pages, or services within this site may be subject to specific terms and conditions that apply in addition to these Terms of Use. In the event of any conflict or inconsistency between these Terms and Conditions and the additional terms applicable to a particular section, page, or service, the additional terms shall prevail and govern your use of that specific section, page, or service.
This Platform is controlled, operated, and administered by the Whoyer from its offices in India. The Whoyer makes no representation that the materials, content, or services on the Platform are appropriate or available for use in locations outside India. Accessing or using the Platform from territories where its content or services are unlawful is strictly prohibited. You may not use, download, or export any materials from the Platform in violation of applicable local, national, or international laws, including export control laws and regulations. If you choose to access the Platform from outside India, you are solely responsible for ensuring compliance with all local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You agree that the courts located Ernakulam, Kerala, India, shall have exclusive jurisdiction over any disputes arising from or relating to these Terms and Conditions, and you hereby submit to the personal jurisdiction of such courts. These Terms and Conditions constitute the entire agreement between you and the Company regarding your use of the Platform, superseding all prior agreements, understandings, or representations relating to the subject matter.
For any questions regarding these Terms, please contact us at:hello@whoyer.com