"Abscissa AI LLP", operating under the brand name "Ostrya" or "Ostrya AI", shall hereinafter be referred to as the "Company", "Ostrya", "Ostrya AI", "we", "us" or "our".
Any reference to "Ostrya", "Ostrya AI" or the "Platform" in these Terms shall mean and refer to Abscissa AI LLP and/or the technology platform operated by it, as the context requires. Nothing contained in these Terms shall be construed as creating a separate legal entity under the name "Ostrya AI" unless expressly incorporated or registered as such.
1. Platform role
Ostrya is a technology platform that enables creators to create, market, and sell digital products, courses, memberships, webinars, coaching services, and other digital content to learners. Ostrya's role in relation to any particular transaction shall be determined in accordance with the Platform Terms and the applicable Creator Agreement. Nothing in this Policy shall be interpreted as making Ostrya the supplier of Creator Content solely because Ostrya facilitates payment, hosting, delivery, refunds, chargebacks or other Platform functions.
Unless expressly stated otherwise, the creator, not Ostrya, is the supplier of the purchased content and is responsible for determining refund eligibility for their products.
Part A — Refunds for learners
Creator content licence
The Creator retains ownership of the Creator's original Creator Content, subject to all third-party rights therein.
The Creator grants Ostrya a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable licence to host, store, reproduce, encode, process, modify, adapt, display, perform, transmit, distribute, stream, market, advertise and otherwise use the Creator Content to the extent reasonably necessary to operate, maintain, secure, improve and provide the Services. The Creator's rights in Creator Content and the licence granted to Ostrya in respect of such Creator Content shall be governed by the Platform Terms and the applicable Content Creator Agreement. For purposes of administering refunds, chargebacks, disputes, legal compliance, security, record retention and existing learner access, Ostrya may retain and process Creator Content to the extent permitted under those documents and Applicable Law.
This licence includes the right to make technical adaptations, including formatting, compression, encoding, thumbnails, subtitles, translations, metadata generation and similar technical modifications reasonably necessary for Platform operation.
The licence shall continue for so long as reasonably necessary to honour purchases, subscriptions, licences or access rights granted to users before termination, and for purposes of refunds, chargebacks, disputes, legal compliance, audit, security, backups, fraud prevention and record retention.
The Creator acknowledges that termination of the Creator's account or subscription shall not automatically terminate rights necessary to provide previously purchased Creator Content to eligible learners.
Creator indemnification and liability
Each Creator agrees to indemnify, defend and hold harmless Ostrya, Abscissa AI LLP, its affiliates, directors, officers, employees, representatives, contractors, payment processors and service providers from and against all claims, demands, proceedings, liabilities, losses, damages, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:
(a) Creator Content;
(b) any infringement or alleged infringement of intellectual property, privacy, publicity, confidentiality or other third-party rights;
(c) breach of any representation, warranty or obligation by the Creator;
(d) violation of applicable law or Platform Policies;
(e) tax, GST, TDS or other statutory non-compliance attributable to the Creator;
(f) fraudulent, deceptive, unlawful or negligent conduct by the Creator;
(g) claims by Buyers or other third parties concerning Creator Content, products or services supplied by the Creator; or
(h) misuse of personal, payment, customer or Platform information by the Creator.
Creator indemnification obligations are governed primarily by the Content Creator Agreement. To the extent this Policy contains additional obligations relating specifically to refunds, chargebacks, payment reversals or recovery amounts, those obligations shall apply to the relevant transaction.
2. Creator refund policy
Each Creator may establish a refund policy for its Creator Content only to the extent permitted by Applicable Law and the Platform Terms. The applicable refund terms, including any refund window and material conditions, shall be clearly displayed to the Buyer before completion of the relevant purchase.
Negative balances and recovery
Where refunds, chargebacks, reversals, payment disputes, taxes, statutory deductions, payment-provider charges, fraud-related losses or other permitted deductions result in an amount being owed by the Creator to Ostrya, such amount shall constitute a debt immediately due and payable by the Creator. A Creator's refund policy shall not override any mandatory statutory right, consumer protection requirement or other legal remedy applicable to the Buyer.
Ostrya may recover such amount by:
(a) deducting or offsetting it against current or future Creator settlements;
(b) withholding amounts otherwise payable to the Creator;
(c) requiring direct payment by the Creator within fifteen (15) days of written demand; or
(d) pursuing any other lawful recovery mechanism available to Ostrya.
The Creator's closure, suspension or termination of an account shall not extinguish any outstanding negative balance or other payment obligation.
3. Refund eligibility
A learner may request a refund only if:
- the request is submitted within the creator's stated refund window;
- the product is eligible under the creator's refund policy; and
- the learner complies with any conditions specified by the creator.
Refund requests submitted after the applicable refund window expires may be rejected.
4. Non-refundable purchases
Unless required by applicable law or expressly stated by the creator, refunds are not available for:
- purchases made outside the applicable refund period;
- completed coaching or consulting sessions;
- live events already attended;
- subscription fees already consumed during the current billing cycle;
- purchases where the learner has violated the Terms of Service or engaged in fraud or abuse.
Nothing in this section limits any refund, cancellation, replacement, compensation or other statutory right that cannot lawfully be excluded or restricted.
4A. Digital content and immediate access
Where Creator Content is made available immediately after purchase, the Buyer's access to such Creator Content may affect refund eligibility only to the extent permitted by Applicable Law and the applicable Creator refund policy. Nothing in this Policy shall be interpreted as excluding a statutory refund or cancellation right.
5. Processing of refunds
Approved refunds will be processed through the original payment method wherever reasonably possible. Refund processing times depend upon the payment provider and the issuing bank and may take several business days. Ostrya does not control bank processing timelines. If the original payment method is no longer available, has expired, or cannot accept refunds, Ostrya or the applicable creator may, where permitted by applicable law and the payment provider, process the refund through an alternative method or request additional information from you to facilitate the refund.
You are responsible for ensuring that the payment information and account details provided at the time of purchase are accurate and up to date. Ostrya shall not be responsible for delays or failures in processing refunds resulting from inaccurate, incomplete, or outdated payment information provided by you.
Any applicable taxes, payment gateway charges, banking charges, foreign exchange charges, or other third-party processing fees that are non-refundable or non-recoverable may be deducted from the refund amount where permitted by applicable law and the applicable creator's refund policy. Ostrya or the applicable Creator may, where reasonably necessary and permitted by law, request additional information required to verify the transaction or process the refund. Any additional information requested for refund processing shall be limited to information reasonably necessary to verify the transaction, prevent fraud or complete the refund.
Ostrya does not control the processing timelines, policies, or operational practices of banks, card issuers, payment gateways, or other payment service providers and shall not be liable for any delay in the credit of refunded amounts once the refund has been successfully initiated. Ostrya reserves the right to delay, reject, or withhold a refund where it reasonably believes that the refund request is fraudulent, abusive, duplicative, made in bad faith, or otherwise violates these Terms, applicable law, or the creator's published refund policy.
6. Chargebacks
If you initiate a chargeback or payment dispute with your bank or payment provider for a transaction, Ostrya or the applicable creator may suspend or decline any refund request relating to the same transaction until the payment dispute is resolved.
If both a refund and a chargeback are successfully processed for the same transaction, Ostrya and/or the creator reserve the right to recover the duplicate payment or suspend access to the applicable Creator Content. Where a chargeback is decided in favour of the learner after a creator has already received settlement for the relevant transaction, Ostrya may recover the disputed amount, together with any applicable chargeback fees, processing fees, penalties, or other costs imposed by the payment provider, by deducting such amounts from the creator's future payouts or otherwise recovering them as permitted under these Terms and applicable law.
Users and creators agree to cooperate in good faith with Ostrya and provide any information or documentation reasonably requested in connection with the investigation or resolution of a chargeback or payment dispute. Repeated, excessive, fraudulent, abusive, or bad-faith chargebacks or payment disputes may result in the suspension or termination of your account, restriction of access to the Services, withholding of payouts, or any other action reasonably necessary to protect Ostrya, creators, learners, and payment partners.
Information exchanged with payment providers, banks or other service providers for the investigation and resolution of a payment dispute shall be limited to information reasonably necessary for that purpose and shall be handled in accordance with Applicable Data Protection Law and the Privacy Policy. Nothing in this Policy limits your statutory rights or your right to raise a legitimate payment dispute with your payment provider where such rights are available under applicable law. Nothing in this section restricts a Buyer's right to raise a legitimate dispute or chargeback with its bank, card issuer or payment provider where such right is available under Applicable Law.
6.1 Platform appointment
The Creator shall remain solely responsible for the creation, legality, quality, accuracy, fulfilment, delivery, customer support, taxation and regulatory compliance relating to the Creator Content and Digital Products, except to the extent expressly assumed by Ostrya under these Terms or required by applicable law.
6.2
Ostrya does not guarantee uninterrupted availability, minimum sales, minimum revenue, customer acquisition, conversion rates, rankings, visibility, engagement, payment volumes, settlement timelines or any particular commercial outcome from the use of the Platform.
The Services may be modified, suspended, restricted, replaced or discontinued where reasonably necessary for technical, commercial, security, legal, regulatory or operational reasons, subject to applicable law.
6.3
Notwithstanding the foregoing, Ostrya may conduct Platform-wide promotional campaigns, discounts, coupons, credits or other promotional programmes in accordance with applicable Platform policies or commercial arrangements. The applicable treatment of such promotions, including their effect on Creator settlements, shall be disclosed or governed by the applicable promotional terms.
6.4
Ostrya shall not be responsible for delays, failures, reversals, holds, account restrictions or other actions taken by a Payment Provider, bank, card network or other financial institution, except to the extent directly caused by Ostrya's own wilful misconduct or liability that cannot lawfully be excluded.
6.5
The licence granted to Ostrya shall survive termination or expiry of the Creator's account to the extent reasonably necessary to:
(a) honour purchases, subscriptions or access rights previously granted to learners;
(b) process refunds, chargebacks and payment disputes;
(c) maintain backups and records;
(d) comply with applicable legal, tax, regulatory or audit requirements;
(e) investigate fraud, abuse or security incidents; and
(f) otherwise perform obligations arising from transactions completed before termination.
Termination of the Creator's account shall not automatically extinguish rights necessary to provide previously purchased Creator Content to eligible learners.
Part B — Creator refunds
7. Responsibility for refunds
Creators are solely responsible for determining, administering, and funding refunds relating to their Creator Content in accordance with their published refund policy and applicable law. Refunds approved within the creator's stated refund period shall be borne by the creator and may be deducted from the creator's available balance, future payouts, or any amounts otherwise payable by Ostrya to the creator.
Where a refund is approved within the creator's published refund window, Ostrya will reverse its applicable transaction fee for the refunded sale, provided that the refund is successfully processed. However, any payment gateway charges, banking fees, taxes, or other third-party processing charges that are non-refundable or non-recoverable may remain the responsibility of the creator.
Creators are responsible for ensuring that sufficient funds are available to satisfy approved refunds. If the creator's account balance or pending payouts are insufficient, Ostrya may recover the refund amount and any applicable charges from future payouts or require the creator to reimburse Ostrya within a reasonable period. Ostrya acts solely as a technology platform facilitating payment processing and refund administration and is not responsible for funding refunds unless otherwise required by applicable law or expressly agreed in writing.
Ostrya reserves the right to withhold, delay, offset, or recover payouts where reasonably necessary to process approved refunds, resolve payment disputes or chargebacks, comply with applicable law, or protect the interests of learners, creators, payment partners, or the Platform.
Nothing in this Policy limits a learner's statutory rights under applicable law or relieves creators of their legal obligations under consumer protection or other applicable laws.
8. Platform fees
Where a refund is approved within the creator's published refund window and is successfully processed:
(a) Ostrya will reverse its applicable transaction fee charged on the refunded sale, and the creator will not be charged platform commission on the refunded transaction.
(b) Payment gateway charges, banking charges, payment processing fees, taxes, or other third-party charges that have already been incurred and are non-refundable or non-recoverable shall remain the responsibility of the creator unless otherwise determined by the applicable payment provider or required by law.
(c) If the creator has already received settlement for the refunded transaction, Ostrya may deduct the refunded amount, together with any applicable gateway charges, taxes, chargeback fees, or other recoverable costs, from the creator's available balance or future payouts. Where such deductions are insufficient, the creator agrees to promptly reimburse Ostrya upon request.
(d) If a refund is issued outside the creator's published refund window solely due to a legal requirement, payment provider decision, court order, or chargeback, Ostrya reserves the right to recover the refunded amount and any associated costs from the creator to the extent permitted by applicable law.
(e) Subscription fees, platform subscription charges, and other recurring fees paid by creators to Ostrya are non-refundable and non-transferable, except where expressly required under applicable law.
(f) Ostrya reserves the right to withhold, adjust, offset, or recover payouts where reasonably necessary to process refunds, resolve chargebacks or payment disputes, comply with legal or regulatory obligations, or protect the interests of learners, creators, payment partners, or the Platform.
9. Payment gateway charges
Payment gateway charges, banking charges, taxes, foreign exchange charges (if applicable), and other third-party processing fees imposed by payment providers, banks, card networks, or financial institutions may be non-refundable, even where a refund is approved. To the extent such charges are non-refundable or non-recoverable by Ostrya from the applicable payment provider, they shall be borne by the creator and may be deducted from the creator's available balance, future payouts, or any amounts otherwise payable by Ostrya. Where the creator's available balance is insufficient, the creator agrees to reimburse Ostrya for such charges upon request. The recoverability of such charges shall be determined by the policies and practices of the applicable payment provider, and Ostrya shall not be liable for any non-refundable third-party charges beyond its reasonable control.
Part C — Creator subscriptions
10. Subscription plans
Creator subscriptions are offered on a recurring billing basis and will automatically renew for successive billing periods unless cancelled by the creator before the commencement of the next billing cycle. By purchasing a subscription, the creator authorises Ostrya and its payment provider to charge the selected payment method for the applicable subscription fees, taxes, and any other charges payable under these Terms at the beginning of each billing cycle.
If a recurring payment cannot be successfully processed for any reason, including insufficient funds, an expired payment method, or payment provider rejection, Ostrya may retry the payment, suspend or restrict access to some or all subscription features, delay creator payouts where permitted, or terminate the subscription until all outstanding amounts have been paid.
Ostrya reserves the right to revise its subscription plans, pricing, features, or billing intervals from time to time. Any changes to subscription fees will apply only to future billing cycles, and creators will be provided with reasonable prior notice where required by applicable law. Creators may cancel the automatic renewal of their subscription at any time through their account settings or any other cancellation method made available by Ostrya. Cancellation will prevent future renewals but will not affect the current subscription period or any fees already charged.
Any amount owed by a Creator to Ostrya arising from refunds, chargebacks, reversals, payment disputes, taxes, statutory deductions, payment-provider charges, fraud-related losses or other permitted deductions shall constitute a debt immediately due and payable by the Creator. Ostrya may recover such amounts by deduction, withholding, set-off against current or future settlements, direct payment demand or any other lawful recovery mechanism. Account closure, suspension, termination or expiry of a Creator's subscription shall not extinguish any outstanding payment obligation.
10.2
Creators acknowledge that Ostrya may collect, use, store and disclose GST, TDS, PAN, bank account, payment, transaction and other tax-related Personal Data reasonably necessary for payment processing, settlement, GST reconciliation, TDS deduction and reporting, accounting, audit, fraud prevention, regulatory compliance and other purposes described in the Privacy Policy. Where such information is processed by a third-party service provider on Ostrya's behalf, such processing shall be subject to appropriate contractual, confidentiality and security safeguards.
Such information may be shared with authorised employees, payment processors, banks, auditors, tax professionals, professional advisers, governmental authorities, regulatory authorities and other service providers where reasonably necessary or required by applicable law.
Ostrya shall implement reasonable technical and organisational safeguards appropriate to the nature of such information and shall restrict access to authorised persons on a need-to-know basis. The Creator shall ensure that all tax and payment information provided to Ostrya is accurate, complete and current.
11. Cancellation
Creators may cancel the automatic renewal of their subscription at any time through their account settings or by using any other cancellation method made available by Ostrya.
Cancellation only stops future automatic renewals and does not take effect immediately. The subscription shall remain active until the end of the current billing period, after which it will automatically expire unless renewed. Cancellation does not entitle the creator to any full or partial refund, credit, or adjustment for any unused portion of the current subscription period, except where required by applicable law.
Following the expiry of the subscription, the creator's access to paid subscription features may be suspended or restricted in accordance with the applicable subscription plan. However, learners who have previously purchased the creator's content may continue to receive access for the applicable post-expiry access period, if any, in accordance with Ostrya's Terms and Policies.
Creators may reactivate their subscription at any time by purchasing an eligible subscription plan. Reactivation will take effect upon successful payment and will not automatically restore any benefits, promotional pricing, or offers that were previously available unless expressly stated by Ostrya. Cancellation of a subscription does not relieve the creator of any outstanding payment obligations, fees, taxes, chargebacks, refund liabilities, or other amounts that became due before the cancellation became effective.
11.2 Creator indemnification
Each Creator shall indemnify, defend and hold harmless Ostrya, Abscissa AI LLP, its affiliates, directors, officers, employees, representatives, contractors, payment providers and service providers from and against all claims, demands, proceedings, liabilities, losses, damages, penalties, costs and expenses, including reasonable legal fees, arising out of or relating to:
(a) Creator Content or Digital Products;
(b) infringement or alleged infringement of any third-party intellectual property, privacy, publicity or other rights;
(c) breach of these Terms or any applicable Platform Policy;
(d) violation of applicable law;
(e) tax, GST, TDS or other statutory non-compliance attributable to the Creator;
(f) fraud, negligence, wilful misconduct or unlawful conduct by the Creator;
(g) claims made by learners or other third parties relating to Creator Content or services provided by the Creator; or
(h) misuse of customer, payment or Platform information by the Creator.
12. No pro-rata refunds
Subscription fees are non-refundable. Subscription fees paid by creators to Ostrya are non-refundable and non-transferable once charged, except where a refund is expressly required under applicable law or approved by Ostrya in its sole discretion.
No full or partial refund, credit, adjustment, or set-off shall be provided for:
(a) any unused portion of the current subscription period;
(b) cancellation of a subscription before the end of the applicable billing cycle;
(c) failure to use the Services or any subscription features;
(d) changes to the creator's business, content, or publishing activity; or
(e) suspension or termination of a creator's account resulting from the creator's breach of the Terms, applicable policies, or applicable law.
Ostrya may retain, archive, suspend, remove or delete Creator Content where reasonably necessary for legal, regulatory, security, fraud-prevention, operational or policy reasons, subject to applicable law.
Cancellation of a subscription only prevents future renewals and does not affect fees already paid or payable for the current billing period. Any promotional, discounted, or introductory subscription pricing shall apply only for the stated promotional period and shall not create any entitlement to future discounts or refunds.
Creator KYC and verification
Ostrya may require Creators to complete identity verification, KYC, PAN, GST, bank-account verification, tax verification, business verification or other onboarding requirements before permitting publishing, sales, payment collection or Creator payouts.
Failure to complete or maintain required verification may result in delayed settlements, withholding of payouts, suspension of selling functionality, suspension of the Creator account or termination, subject to applicable law.
Part D — Effect of subscription expiry
13. Existing learners
If a creator's subscription expires, is cancelled, or is terminated for any reason:
(a) Learners who have previously purchased paid Creator Content before the subscription expiry date shall continue to have access to such purchased content for a period of three (3) months from the date the creator's subscription expires ("Grace Period"), unless access is suspended or terminated earlier due to legal requirements, fraud, abuse, or a violation of these Terms.
(b) During the Grace Period, learners may continue to access previously purchased Creator Content in accordance with the applicable licence and these Terms. However, creators may have limited access to subscription-only platform features.
(c) No new purchases, enrolments, subscriptions, registrations, or sales of the creator's paid Creator Content shall be permitted after the creator's subscription expires until an eligible paid subscription is reactivated.
(d) The creator's public profile or storefront may remain visible on the Platform; however, Ostrya may disable or restrict checkout functionality, premium features, publishing tools, analytics, marketing tools, integrations, and other subscription-based features until the subscription is renewed.
(e) Upon expiry of the Grace Period, learner access to the creator's paid Creator Content may be suspended or discontinued unless the creator has reactivated an eligible paid subscription or Ostrya determines otherwise in accordance with its policies.
(f) Reactivation of a creator subscription after expiry shall restore platform functionality prospectively upon successful payment. Ostrya does not guarantee uninterrupted access, restoration of promotional pricing, historical analytics, custom configurations, or other subscription benefits unless expressly stated.
(g) Expiry or termination of a creator's subscription does not affect any outstanding payment obligations, refund liabilities, chargebacks, taxes, legal obligations, or other amounts owed by the creator to Ostrya or third parties.
(h) Ostrya reserves the right to remove, archive, suspend, or permanently delete Creator Content following prolonged inactivity or subscription expiry, subject to applicable law, reasonable notice where practicable, and any legal or contractual obligations to retain or preserve such content. Before permanent deletion, Ostrya may provide reasonable notice where practicable, except where immediate deletion, restriction or preservation is required for legal, security, fraud-prevention or regulatory reasons. Any Personal Data contained in such Creator Content shall be retained or deleted in accordance with the Privacy Policy and Applicable Data Protection Law.
(i) During any such Grace Period, Ostrya shall process and retain learner account and transaction information only for purposes reasonably necessary to provide the applicable access, administer the transaction, provide support, prevent fraud, comply with legal obligations and otherwise as described in the Privacy Policy.
Where reasonably necessary to cover anticipated or actual refunds, chargebacks or payment disputes, Ostrya may withhold, or hold in reserve, a reasonable portion of the amounts otherwise payable to the Creator for a reasonable period, having regard to the Creator's refund policy, the Creator's refund and chargeback history, and the risk to the Platform, learners and payment partners.
Where a Creator presents an elevated refund, fraud, chargeback, legal or compliance risk, Ostrya may impose additional reserves, settlement conditions, restrictions, suspension or termination, subject to applicable law.
Any reserve shall be used only for legitimate refunds, chargebacks, payment disputes, statutory obligations, losses or other amounts properly recoverable under these Terms and shall not constitute a penalty. Any such withholding, reserve, deduction or recovery is effected through Ostrya's authorised payment partner's settlement and routing infrastructure (such as Razorpay Route); Ostrya does not hold Buyer or Creator funds independently or operate as an escrow. Ostrya does not collect or store your full card number, CVV, UPI PIN or banking login credentials; such payment credentials are collected, processed and stored securely by the applicable Payment Provider (such as Razorpay) in accordance with applicable security standards and Reserve Bank of India requirements.
14. New sales following subscription expiry
Upon the expiry, cancellation, or termination of a creator's subscription:
(a) The creator shall not be able to accept or process any new purchases, enrolments, subscriptions, registrations, bookings, or paid transactions through the Platform until an eligible paid subscription has been successfully reactivated.
(b) The checkout functionality, payment collection, and other subscription-dependent selling features may be disabled or restricted during the period in which the creator does not have an active subscription.
(c) The creator's public profile or storefront may remain accessible to visitors; however, products or services may be marked as unavailable for purchase or enrolment until the subscription is reactivated.
(d) Any pending purchases or transactions initiated before the subscription expiry shall be processed in accordance with Ostrya's policies and the applicable payment provider's requirements.
(e) Sales and enrolments will automatically resume once the creator successfully reactivates an eligible subscription and all outstanding subscription fees or other amounts due to Ostrya have been paid.
(f) Reactivation of a subscription does not guarantee restoration of previous promotional pricing, discounts, offers, feature availability, or historical configurations unless expressly stated by Ostrya.
(g) Ostrya reserves the right to impose reasonable technical or operational requirements before re-enabling sales, including completion of KYC verification, payment verification, compliance checks, or settlement of any outstanding liabilities.
15. Creator storefront following subscription expiry
The creator's public storefront, profile, website, or landing page may remain visible on the Platform after the expiry, cancellation, or termination of the creator's subscription, unless Ostrya determines otherwise for legal, security, operational, or policy reasons. During the period in which the creator does not have an active subscription, Ostrya may disable, restrict, or limit access to certain features, including but not limited to:
(a) accepting new purchases, enrolments, subscriptions, or registrations;
(b) payment collection and checkout functionality;
(c) publishing or updating Creator Content;
(d) live classes, webinars, memberships, community features, and other premium functionality;
(e) analytics, marketing tools, integrations, custom domains, automation features, and other subscription-based services; and
(f) any additional features that require an active paid subscription under the applicable subscription plan.
Learners who purchased Creator Content before the subscription expired shall continue to receive access in accordance with Ostrya's Terms and applicable policies, including any applicable grace period.
Ostrya may remove, disable, restrict, suspend, demote or prevent access to any Creator Content, account, storefront, transaction or Platform functionality where Ostrya reasonably believes that such action is necessary to comply with applicable law, court or governmental orders, third-party rights, payment-provider requirements, Platform Policies, security requirements, fraud-prevention measures, consumer-protection requirements or the protection of the Platform and its users.
Upon successful reactivation of an eligible subscription and payment of all applicable fees, Ostrya will use commercially reasonable efforts to restore the creator's subscription-based functionality. However, Ostrya does not guarantee uninterrupted availability, restoration of historical analytics, custom configurations, promotional pricing, integrations, or other data or features that may have been modified, discontinued, or removed during the period of subscription inactivity. Ostrya reserves the right to suspend, archive, or permanently remove inactive storefronts or Creator Content after prolonged inactivity or where required for legal, regulatory, security, or operational reasons, subject to applicable law and these Terms.
Part E — General
16. Fraud prevention
Ostrya reserves the right to investigate any purchase, refund request, cancellation request, chargeback, payment dispute, or other activity that it reasonably believes to be fraudulent, abusive, misleading, unlawful, or intended to circumvent this Policy, the Terms of Service, or applicable law.
Without limiting any other rights available under these Terms or applicable law, Ostrya may, where reasonably necessary:
(a) reject or decline any refund request;
(b) temporarily suspend or permanently terminate a user or creator account;
(c) suspend access to purchased Creator Content or Platform features;
(d) withhold, delay, offset, or recover payouts, refunds, or settlements;
(e) request additional information, identity verification, or supporting documentation before processing a refund or payment;
(f) report suspected fraudulent or unlawful activity to payment providers, banks, law enforcement agencies, or competent regulatory authorities; and
(g) take any other action reasonably necessary to protect the Platform, its users, creators, payment partners, and third parties.
Any Personal Data or identity information requested for fraud prevention shall be limited to information reasonably necessary for verification, investigation, security, legal compliance or resolution of the relevant transaction and shall be processed in accordance with the Privacy Policy and Applicable Data Protection Law.
Any fraudulent, abusive, or bad-faith use of the refund, cancellation, or chargeback process may result in the permanent loss of refund eligibility, suspension or termination of Platform access, and legal action where permitted by applicable law.
Limitation of liability
To the maximum extent permitted by applicable law, Ostrya shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, customers, goodwill, business opportunities, anticipated savings or data arising from a Creator's use of the Platform.
Ostrya's aggregate liability to any Creator arising out of or relating to these Terms or the Services shall not exceed the Platform Fees actually paid by that Creator to Ostrya during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited under applicable law.
17. Changes to this policy
Ostrya may amend, modify, or update this Refund and Cancellation Policy from time to time to reflect changes in applicable law, regulatory requirements, payment provider requirements, Platform functionality, or business operations.
Any updated version of this Policy will be published on the Platform together with its revised "Effective Date." Unless otherwise required by applicable law, the updated Policy shall become effective immediately upon publication.
Where the Company makes material changes to this Policy, the updated version shall be published with the revised Effective Date and, where required by applicable law, reasonable notice shall be provided before the changes take effect. Where an amendment materially changes the purposes or manner of processing Personal Data and separate notice or consent is required under Applicable Data Protection Law, Ostrya shall provide the applicable notice and obtain any required consent or other authorisation before undertaking such processing. Continued use of the Services shall not, by itself, constitute consent to a processing activity for which separate consent is required under Applicable Data Protection Law.
18A. Order of precedence
This Policy forms part of the contractual framework governing the Platform together with the Platform Terms and Conditions, Content Creator Agreement, Student/User Agreement, Privacy Policy, Community Guidelines, subscription terms and other policies expressly incorporated by reference.
In the event of a conflict:
(a) mandatory Applicable Law shall prevail;
(b) a transaction-specific term expressly displayed or agreed before the relevant transaction shall prevail solely in relation to that transaction, to the extent legally permissible;
(c) a specific written commercial agreement signed by authorised representatives shall prevail solely in relation to the specific commercial matter expressly covered by that agreement;
(d) the applicable Creator Agreement shall govern Creator-specific contractual matters;
(e) the Platform Terms shall govern general use and operation of the Platform; and
(f) the Privacy Policy shall govern the collection, use, disclosure, retention and other processing of Personal Data by Ostrya, to the extent applicable.
Nothing in this Policy is intended to constitute a separate or inconsistent privacy notice. Personal Data processing by Ostrya shall be governed by the Privacy Policy and Applicable Data Protection Law.
18B. Electronic acceptance
By clicking "I Agree", creating an account, registering as a Creator, purchasing a subscription, uploading or publishing Creator Content, purchasing or accessing Creator Content, receiving payments, or otherwise accessing or using the Platform, you acknowledge that you have read, understood and agreed to these Terms and all applicable policies incorporated by reference.
Electronic acceptance shall constitute valid acceptance of these Terms to the extent permitted under applicable law.
18C. Survival
Payment obligations, refunds, chargebacks, tax obligations, confidentiality, intellectual property rights, licences necessary for existing customers, indemnities, limitation of liability, dispute resolution, governing law, data retention and accrued rights survive termination. Data protection, confidentiality and data retention obligations shall survive for so long as required by Applicable Law or the applicable retention period.
19. Contact us
If you have any questions regarding refunds, cancellations, payment disputes, or this Policy, you may contact Ostrya through the customer support channels made available on the Platform or by emailing us at raghav@ostryaai.com. To help us process your request efficiently, please include your name, registered email address, order or transaction reference, the relevant Creator or Product, and a brief description of your request.
Grievance Officer: Raghav Mandhana, Abscissa AI LLP, J-130, Third Floor, Kirti Nagar, New Delhi-110015. Email: raghav@ostryaai.com. In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and other applicable law, the Grievance Officer will acknowledge grievances within 24 to 48 hours and endeavour to resolve them within the timelines prescribed under applicable law.
Ostrya will use commercially reasonable efforts to acknowledge and address genuine support requests within a reasonable period, although response and resolution times may vary depending on the complexity of the matter.
20. Governing law
This Refund and Cancellation Policy shall be governed by and construed in accordance with the laws of India.
Nothing in this Policy excludes, restricts, or limits any statutory rights or remedies that cannot be lawfully excluded or limited under applicable law, including the Consumer Protection Act, 2019, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, or any other applicable law in India.
