Terms of Service

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE "TERMS OF SERVICE") CAREFULLY. THIS TERMS OF SERVICE APPLIES TO: (A) THE WEBSITE MADE AVAILABLE BY OSTRYA AI ("OSTRYA AI," "WE," "US") AVAILABLE AT WWW.OSTRYAAI.COM (THE "WEBSITE"), (EACH, AN "APPLICATION" AND COLLECTIVELY, WITH THE WEBSITE, THE "PLATFORM"), AND (C) THE PRODUCTS, SERVICES, FEATURES, TECHNOLOGIES, AND/OR FUNCTIONALITIES PROVIDED BY OSTRYA AI VIA THE PLATFORM (COLLECTIVELY, WITH THE PLATFORM, THE "SERVICES").

BY ACCESSING OR USING OUR SERVICES IN ANY WAY, BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, CREATING, UPLOADING, PUBLISHING, OFFERING, PURCHASING, ACCESSING OR OTHERWISE USING THE SERVICES AND/OR BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OSTRYA AI, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS OF SERVICE. THE TERM "YOU" REFERS TO YOU AS AN INDIVIDUAL AND ANY LEGAL ENTITY THAT YOU HAVE NAMED AS A USER AT THE TIME OF REGISTRATION FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.

THE TERMS OF SERVICE INCLUDE: (1) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY (SECTION 20, DISCLAIMER OF WARRANTIES); (2) YOUR CONSENT TO RELEASE OSTRYA AI FROM LIABILITY (SECTION 18, RELEASE); AND (3) YOUR AGREEMENT TO INDEMNIFY OSTRYA AI FOR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (SECTION 19, INDEMNIFICATION).

PLEASE NOTE THAT SECTION 25 (DISPUTE RESOLUTION AND ARBITRATION) CONTAINS IMPORTANT PROVISIONS REGARDING THE RESOLUTION OF DISPUTES BETWEEN YOU AND ABSCISSA AI LLP ("OSTRYA"). SUBJECT TO APPLICABLE LAW, THE PARTIES AGREE TO MAKE REASONABLE EFFORTS TO RESOLVE ANY DISPUTE THROUGH GOOD-FAITH DISCUSSIONS BEFORE COMMENCING FORMAL LEGAL PROCEEDINGS. IF A DISPUTE CANNOT BE RESOLVED AMICABLY, IT SHALL BE REFERRED TO ARBITRATION IN ACCORDANCE WITH THE ARBITRATION AND CONCILIATION ACT, 1996, AS AMENDED FROM TIME TO TIME. PLEASE READ SECTION 25 CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF INDIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.

THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING:

• YOUR ACKNOWLEDGEMENT THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBJECT TO APPLICABLE LAW (SEE SECTION 20, DISCLAIMER OF WARRANTIES);
• YOUR AGREEMENT TO THE RELEASE PROVISIONS SET OUT IN SECTION 18, RELEASE;
• YOUR AGREEMENT TO INDEMNIFY ABSCISSA AI LLP ("OSTRYA") UNDER THE CIRCUMSTANCES DESCRIBED IN SECTION 19, INDEMNIFICATION;
• LIMITATIONS ON OSTRYA'S LIABILITY (SEE SECTION 21, LIMITATION OF LIABILITY); AND
• THE PROCEDURES FOR RESOLVING DISPUTES BETWEEN YOU AND OSTRYA (SEE SECTION 25, DISPUTE RESOLUTION AND ARBITRATION).

PLEASE ALSO NOTE THAT SECTION 3.3 (COMMUNICATIONS) CONTAINS YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM OSTRYA THROUGH ELECTRONIC MEANS, INCLUDING EMAILS, SMS, TELEPHONE CALLS, PUSH NOTIFICATIONS, OR OTHER COMMUNICATION CHANNELS PERMITTED UNDER APPLICABLE LAW.

THESE TERMS OF SERVICE, TOGETHER WITH ANY APPLICABLE SUPPLEMENTAL TERMS, THE PRIVACY POLICY, THE REFUND AND CANCELLATION POLICY, THE CREATOR AGREEMENT (WHERE APPLICABLE), AND ANY OTHER POLICIES EXPRESSLY INCORPORATED BY REFERENCE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND ABSCISSA AI LLP REGARDING YOUR ACCESS TO AND USE OF THE SERVICES.

"CREATOR" MEANS ANY INDIVIDUAL OR LEGAL ENTITY, INCLUDING WITHOUT LIMITATION A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP (LLP), COMPANY, TRUST, SOCIETY, EDUCATIONAL INSTITUTION, NON-PROFIT ORGANISATION, OR ANY OTHER LEGALLY RECOGNISED ORGANISATION, THAT REGISTERS FOR OR USES THE SERVICES TO CREATE, PUBLISH, MARKET, LICENSE, SELL, DISTRIBUTE, OR OTHERWISE MAKE CREATOR CONTENT AVAILABLE THROUGH THE PLATFORM.

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Services. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Services. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the "Agreement."

1. Overview of our Services

1.1 Ostrya AI Platform Services

The Services enable sellers of digital products ("Creators") that have a Creator Account (as defined below) with Ostrya AI to use Ostrya AI's technology platform to create, host, market, sell and deliver their digital products, and to appoint Ostrya AI, on a non-exclusive basis, as their technology platform and payment facilitator in respect of those digital products ("Digital Products" or "Products").

The Creator at all times remains the owner and the legal seller of its Digital Products, determines their pricing, and is identified as the seller on any invoice issued to a Buyer. Ostrya AI does not purchase, own, resell or acquire title to any Digital Product and is not the merchant of record.

Digital Products are made available to buyers ("Buyers") either on the Website, or on the applicable Creator's owned or controlled website(s) ("Creator Property") that leverages the Services. Ostrya AI collects payments from Buyers solely to facilitate settlement to the Creator through its authorised payment partner (Razorpay Route or a successor payment partner), retaining only its applicable platform and transaction fees and remitting the balance to the Creator. For clarity, Ostrya AI will have no responsibility or obligation with respect to any transactions that are not conducted through the Services.

1.2 Ostrya AI Affiliate Program

A Creator may voluntarily participate in the Ostrya AI Affiliate Program by enabling affiliate marketing for one or more of its Digital Products. The Creator may designate one or more eligible users who have agreed to the applicable Affiliate Program Terms as affiliates (each, an "Affiliate"). Affiliates may promote the Creator's Digital Products by sharing unique referral links, banners, promotional materials, or other tracking links generated or provided through the Platform (collectively, "Affiliate Links").

An Affiliate Transaction occurs when a Buyer purchases a Creator's Digital Product through a valid Affiliate Link within the applicable thirty (30) day attribution window, subject to the Platform's tracking systems and these Terms. The last valid Affiliate Link clicked by the Buyer before the purchase shall receive attribution unless otherwise determined by Ostrya AI.

The Creator shall determine, through the Platform, the commission percentage applicable to its Affiliate Program and to each individual Digital Product (the "Affiliate Commission Rate"). For every successfully completed Affiliate Transaction that is not refunded or cancelled during the applicable refund period, the Affiliate shall become eligible to receive a commission calculated by multiplying the final amount paid by the Buyer (excluding any taxes, payment gateway charges, refunds, discounts, credits or other deductions, where applicable) by the Affiliate Commission Rate applicable at the time of the sale (the "Affiliate Commission").

Ostrya AI facilitates the calculation, withholding (where applicable), and settlement of Affiliate Commissions on behalf of Creators through its payment infrastructure, including Razorpay Route or any successor payment partner. Affiliate Commissions shall be released monthly, only after the applicable refund period has expired, provided that the Affiliate has successfully completed all required identity verification (KYC) procedures, complied with these Terms, and has reached the applicable minimum payout threshold set by Ostrya (as notified through the Platform). If the threshold is not met, the unpaid Affiliate Commission shall be carried forward to subsequent payout cycles until the threshold is satisfied.

Ostrya AI reserves the right to withhold, reverse, adjust, or deny any Affiliate Commission arising from fraudulent activity, self-referrals, abuse of the Affiliate Program, refunded or cancelled transactions, chargebacks, violations of these Terms, or any activity reasonably determined by Ostrya AI to be improper or unlawful. The Creator authorises Ostrya AI to administer, calculate, collect, hold, deduct applicable taxes or statutory deductions, and settle Affiliate Commissions on the Creator's behalf in accordance with these Terms and applicable law.

2. Interactions with other users

When interacting with other users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. You are solely responsible for your interactions with other users (including Buyers and/or Creators) and any other parties with whom you interact; provided, however, that Ostrya AI reserves the right, but has no obligation, to provide support in the event of disputes between users.

YOU AGREE THAT NEITHER OSTRYA AI NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES, AND THAT OSTRYA AI MAKES NO REPRESENTATION WITH RESPECT TO INTERACTIONS BETWEEN USERS. OSTRYA AI AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.

3. Use of the Services

The Services, and the information and content available on the Services, are protected by copyright and other intellectual property rights laws throughout the world. Unless otherwise specified by Ostrya AI in a separate license, your right to use any and all of the Services is subject to the Agreement.

3.1 Website licence

Subject to your compliance with the Agreement, Ostrya AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the features and functionality of the Platform available through the Website for your own personal or lawful business purposes.

3.2 Updates

You understand that the Services are evolving. As a result, Ostrya AI may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Ostrya AI may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

3.3 Communications

Ostrya may send you communications that are reasonably necessary for the provision, administration, security, and operation of the Services, including account-related notifications, transaction confirmations, payment and settlement updates, purchase or subscription information, security alerts, service updates, changes to these Terms or applicable policies, customer support communications, and other operational communications ("Service Communications"). Service Communications may be sent by email, SMS, telephone call, push notification, in-platform notification, or other electronic means permitted by applicable law.

Service Communications are distinct from marketing or promotional communications and may be sent where necessary for the provision of the Services or otherwise permitted under applicable law.

Ostrya will not treat your acceptance of these Terms as consent to receive marketing or promotional communications. Where consent is required under applicable law, Ostrya will obtain such consent through a separate, clear and affirmative opt-in mechanism. You may withdraw such consent or opt out of marketing communications at any time through the mechanism provided in the relevant communication or through the privacy or communication settings available on the Platform.

Withdrawal of consent to marketing communications will not affect the lawfulness of processing carried out before such withdrawal and will not prevent Ostrya from sending Service Communications that are necessary for the provision, security or administration of the Services.

4. Registration

Registering your account

In order to access certain features of the Services you may be required to become a Registered User and specifically open a Buyer or Creator account. For purposes of the Agreement, a "Registered User" is a user who has registered an account on the Services ("Account"), has a valid account on the social networking service ("SNS") through which the user has connected to the Services (each such account, a "Third-Party Account"), or has an account with the provider of the Application for the user's mobile device.

Ostrya shall access and process such Personal Data only to the extent reasonably necessary to provide the relevant functionality, administer and secure your Account, prevent fraud or misuse, comply with applicable law, or for other purposes disclosed in Ostrya's Privacy Policy or applicable privacy notice and permitted under Applicable Data Protection Law.

You may disable the connection between your Account and your Third-Party Accounts at any time through the "Settings" section of the Services. Following disconnection, Ostrya shall not access new Personal Data from the relevant Third-Party Account, except where continued processing or retention is required or permitted under Applicable Data Protection Law.

Additional identity verification

Ostrya AI reserves the right, but has no obligation, to request additional information from Buyers or Creators to verify identity in order to safeguard the integrity of the Platform and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that Ostrya AI may request, or seek to confirm, may include full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Permanent Account Number (PAN)), bank account information, and a form of government-issued identification.

4.1 Third-party integrations

The Services may allow you to connect certain optional third-party accounts and services to your Account, for example, a calendar service (such as Google Calendar) to enable scheduling and bookings, or a social or messaging account (such as Instagram) to enable messaging or automation features that you choose to use.

Where you connect a third-party account, you authorise Ostrya AI to access and use only the information and functionality from that account that is reasonably necessary to provide the feature you have enabled, in accordance with the permissions you grant and the terms that govern that third-party account. You represent that you are entitled to grant Ostrya AI such access.

Ostrya AI does not import, publish or make available your third-party photos, videos, audio, messages, contacts or other content as Creator Content, except to the extent you expressly upload or submit such material to the Services. You may disconnect any connected third-party account at any time through the "Settings" section of the Services; following disconnection, Ostrya AI will not access new information from that account except where continued processing or retention is required or permitted under Applicable Data Protection Law.

Your relationship with each third-party service provider is governed solely by your agreement(s) with that provider, and Ostrya AI is not responsible for the third-party services, their availability, or their privacy or data practices. Any Personal Data processed in connection with a connected account will be handled in accordance with Ostrya's Privacy Policy and Applicable Data Protection Law.

4.2 Registration data

In registering an account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You represent that you are (i) at least eighteen (18) years of age; (ii) legally competent to enter into a binding contract under applicable law; and (iii) not a person barred from using the Services under the laws of India, your place of residence or any other applicable jurisdiction.

You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (y) notify Ostrya AI immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Ostrya AI has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Ostrya AI has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Ostrya AI reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Services if you have been previously removed by Ostrya AI, or if you have been previously banned from any of the Services.

4.2A Children and minors

Where the Services are made available to children or minors, Ostrya shall process their Personal Data in accordance with Applicable Data Protection Law and any additional requirements applicable to the processing of children's Personal Data.

Where required by Applicable Data Protection Law, Ostrya shall obtain and verify consent from the parent or lawful guardian before processing the Personal Data of a child.

Ostrya shall not undertake tracking, behavioural monitoring, targeted advertising or other processing of children's Personal Data where such processing is prohibited or restricted under Applicable Data Protection Law. The Services are not intended for persons below eighteen (18) years of age unless expressly permitted by Ostrya for a particular service or feature in accordance with Applicable Data Protection Law. For purposes of the Digital Personal Data Protection Act, 2023, a "Child" means an individual who has not completed eighteen (18) years of age.

Creators that make Services or Creator Content available to children or minors shall cooperate with Ostrya and provide all information, declarations, consents and verification reasonably required to enable compliance with Applicable Data Protection Law. Before processing the Personal Data of a Child, Ostrya shall obtain and verify the consent of the parent or lawful guardian in the manner required under Applicable Data Protection Law, unless an applicable statutory exemption applies.

Where Ostrya reasonably determines that Personal Data relating to a child has been collected without the required consent or verification, Ostrya may restrict, suspend or delete the relevant account or Personal Data, subject to applicable law.

4.3 Necessary equipment and software

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

5. Third-party payments providers

Ostrya uses Razorpay Software Private Limited and its affiliates or other authorised third-party payment service providers (collectively, "Payment Providers") to facilitate payment processing, creator onboarding, settlements, refunds, chargebacks, KYC and identity verification, and other payment-related services in connection with the Platform.

Payments made through the Services are processed by the applicable Payment Provider and may be subject to the Payment Provider's terms, conditions and privacy practices. You are responsible for providing true, accurate, current and complete payment, banking, tax and identity information and for maintaining the accuracy of such information.

Where you use payment functionality through the Services, you authorise Ostrya and the applicable Payment Provider to process transactions, settlements, refunds, chargebacks, KYC and verification activities and other actions reasonably necessary to provide the payment-related Services and comply with applicable law.

Where Personal Data is shared with or processed by a Payment Provider, such processing shall be limited to the extent reasonably necessary for payment processing, settlement, KYC and identity verification, fraud prevention, security, regulatory compliance and provision of the Services, and shall be subject to Applicable Data Protection Law and the applicable privacy notices.

Where processing of Personal Data requires consent under Applicable Data Protection Law, such consent shall be obtained through an appropriate notice and affirmative consent mechanism and shall not be deemed to arise solely from acceptance of these Terms.

Ostrya does not store complete payment card details where such information is processed and stored by the applicable Payment Provider in accordance with applicable security and regulatory requirements.

5.1 Ownership of Creator Content

As between Ostrya and the Creator, the Creator retains all right, title, and interest, including all intellectual property rights, in and to the Creator Content, Digital Products, course materials, videos, audio recordings, documents, images, trademarks, logos, and all other content created, uploaded, published, or made available by the Creator through the Platform. Except for the limited license expressly granted under these Terms, nothing in this Agreement transfers or assigns any ownership rights in the Creator Content to Ostrya.

The Creator remains solely responsible for the creation, ownership, maintenance, accuracy, legality, and distribution of the Creator Content made available through the Platform. Ostrya does not claim ownership of any Creator Content. The rights granted to Ostrya under this Agreement are limited solely to those necessary to host, reproduce, display, market, distribute, process, deliver, promote, and otherwise provide the Services in connection with the Creator Content.

Ostrya does not acquire, own, purchase, license (except as expressly provided in these Terms), or otherwise obtain any ownership or proprietary interest in any Creator Content or Digital Product made available through the Platform. Nothing in these Terms shall be construed as assigning or transferring ownership of any Creator Content or Digital Product to Ostrya. The Platform operates solely as a technology platform that enables Creators to host, market, sell, and deliver their Creator Content to learners. Ostrya is not the owner, publisher, producer or distributor of the Creator Content.

A learner's purchase of a Digital Product or other Creator Content grants the learner only a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the purchased Creator Content for the Creator's intended educational or personal purposes, subject to these Terms and any additional license terms specified by the Creator. Unless expressly permitted by the Creator or applicable law, learners shall not reproduce, distribute, modify, publicly display, publicly perform, publish, sell, sublicense, commercially exploit, or otherwise use the Creator Content beyond the rights expressly granted.

Nothing in these Terms shall restrict the Creator from exploiting, licensing, selling, distributing, or otherwise commercialising the Creator Content through other platforms, websites, marketplaces, or channels, unless the Creator has separately agreed in writing to an exclusivity arrangement with Ostrya.

5.2 Creator access to Creator Content

Subject to compliance with these Terms, applicable law, and any lawful suspension or restriction of the Creator's account, Ostrya shall not claim ownership of, permanently withhold, or otherwise prevent the Creator from accessing or managing the Creator's own Creator Content solely by virtue of its being hosted on the Platform.

Nothing in this Section limits Ostrya's right to suspend, remove, disable, or restrict access to Creator Content where reasonably necessary to comply with applicable law, court orders, these Terms, intellectual property claims, fraud prevention, security requirements, payment disputes, or to protect the rights, safety, or integrity of the Platform and its users.

6. Creator-specific terms

In addition to other terms applicable to Creators in this Agreement, if you are a Creator, by accessing and using the Services and having your Digital Products which the Creator sells through the Services, you agree to the terms set forth in this Section 6.

6.1 Platform appointment

The Creator appoints Ostrya, on a non-exclusive basis, solely to provide the technology infrastructure and related services necessary to enable the Creator to host, market, advertise, sell, deliver and manage the Creator's Digital Products through the Platform.

For the avoidance of doubt:

(a) the Creator remains the legal seller and Creator of all Creator Content and Digital Products made available through the Platform;
(b) Ostrya acts solely as a technology platform and payment facilitation intermediary and does not purchase, own, resell, or otherwise acquire title to any Creator Content or Digital Product;
(c) payments collected from learners through Ostrya's authorised payment partners shall be received solely for the purpose of facilitating settlement to the Creator in accordance with these Terms; and
(d) nothing in these Terms shall be construed as creating a relationship of technology platform payment facilitation, distributor, franchise, partnership, agency or employment between Ostrya and the Creator, except where expressly required by applicable law.

6.2 Platform services and payment facilitation

Subject to these Terms, Ostrya shall use commercially reasonable efforts to:

(a) provide the Creator with a dashboard to manage Creator Content, orders, settlements, affiliates and related account information;
(b) facilitate payment collection through authorised payment partners including Razorpay Checkout, Razorpay Route or any other authorised payment infrastructure adopted by Ostrya from time to time;
(c) facilitate settlement of the Creator's share of transaction proceeds after deduction of applicable Platform Fees, payment gateway charges, affiliate commissions (where authorised), refunds, chargebacks, statutory deductions and other amounts permitted under these Terms;
(d) host, deliver and make Creator Content available to learners through the Platform;
(e) provide first-level platform support relating to payment processing, settlement queries, refund requests, chargebacks and platform-related operational issues;
(f) perform KYC, identity verification and compliance checks where required by applicable law or payment partner requirements; and
(g) perform such additional operational functions as are reasonably necessary for operating the Platform.

6.3 Pricing

The Creator shall determine the selling price of the Creator's Digital Products listed on the Platform.

Ostrya may display promotional pricing, coupons, discounts or marketing campaigns where authorised by the Creator or under Platform-wide promotional programmes accepted by the Creator.

Platform Fees, subscription fees and transaction fees payable to Ostrya shall be deducted separately in accordance with these Terms and the applicable pricing plan.

6.4 Payment processing

Ostrya AI, a product operated by Abscissa AI LLP ("Ostrya", "we", "our", or "us"), uses Razorpay Software Private Limited and its affiliates or authorised payment partners (collectively, the "Payment Provider") to process payments, onboard creators, facilitate settlements, verify bank accounts and KYC information, and provide related payment services through the Ostrya platform.

By making a payment or receiving payouts through the Services, you acknowledge and agree that:

• Third-party payment services — Payment processing, settlements, refunds, creator onboarding, and related financial services are provided by our Payment Provider and are subject to its applicable terms, policies, and privacy practices.
• Accurate information — You agree to provide accurate, complete, and current payment, banking, tax, and identity information, and to promptly update such information whenever it changes.
• Authorisation — You authorise Ostrya and its Payment Provider to collect, process, verify, hold, transfer, and settle funds, perform KYC and compliance checks, and carry out transactions necessary for providing the Services.
• Information sharing — Ostrya may share your payment, banking, identity, KYC, tax, and transaction information with the Payment Provider only to the extent reasonably necessary to process payments, facilitate settlements, perform KYC and verification, prevent fraud, comply with applicable law, and provide or secure the Services. Where consent is required under Applicable Data Protection Law, such consent shall be obtained through an appropriate notice and affirmative consent mechanism.
• Creator payouts — Where applicable, creator payouts shall be processed through linked accounts maintained with the Payment Provider and may be subject to successful KYC verification, settlement timelines, reserve requirements, deductions, taxes, and applicable laws.
• Gateway charges — Payment gateway processing charges imposed by the Payment Provider may be non-refundable in the event of refunds or chargebacks unless otherwise determined by the Payment Provider or required by applicable law.
• Security — Ostrya does not collect or store your full card number, CVV, UPI PIN or banking login credentials. Ostrya does not store your complete payment card details. Payment credentials are processed and stored securely by the Payment Provider in accordance with applicable security standards and regulatory requirements.

By using the payment functionality available through the Services, you represent and warrant that you are authorised to use the selected payment method or bank account and authorise all applicable charges, settlements, and deductions.

6.5 Licence to your products; restrictions

You retain all ownership and intellectual property rights in the courses, digital products, content, materials, trademarks, logos, and other information you upload, publish, submit, distribute or otherwise make available through the Platform (collectively, the "Creator Content").

By uploading or publishing Creator Content on the Services, you grant Abscissa AI LLP, operating the Ostrya platform ("Ostrya"), a non-exclusive, worldwide, royalty-free, revocable (subject to this Agreement), and non-transferable (except in connection with a permitted assignment of this Agreement) license during the term of your use of the Services to:

(a) host, store, reproduce, transmit, display, and make your Creator Content available on the Services;
(b) promote, market, advertise, and showcase your Creator Content and creator profile through the Services and Ostrya's marketing channels for the purpose of operating and promoting the platform;
(c) facilitate the sale, purchase, enrolment, delivery, streaming, download (where permitted), and access to your Creator Content by learners who have lawfully purchased or enrolled in such content;
(d) use your trademarks, trade names, logos, screenshots, promotional materials, and product descriptions solely in connection with operating, marketing, and improving the Services; and
(e) perform technical actions reasonably necessary to host, process, secure, optimise, back up, and deliver your Creator Content through the Services.

Except as expressly permitted under this Agreement or with your prior written consent, Ostrya shall not modify the substantive content of your Creator Content, create derivative works from it, reverse engineer any software you provide, or use your Creator Content for any purpose unrelated to the operation, maintenance, promotion, or improvement of the Services.

This license automatically terminates when your Creator Content is permanently removed from the Services or this Agreement ends, except to the extent reasonably necessary to (i) comply with applicable law, (ii) honour access rights of existing learners during any applicable post-subscription access period, (iii) maintain backup archives, or (iv) resolve outstanding disputes, refunds, or legal obligations.

For the avoidance of doubt, any licence or permission granted to Ostrya in respect of Creator Content does not constitute an unrestricted authorisation to process Personal Data contained within such Creator Content for purposes unrelated to the provision, security, administration or lawful improvement of the Services. Any processing of Personal Data contained within Creator Content shall remain subject to Applicable Data Protection Law, the applicable Privacy Policy or notice, and the purpose and lawful basis applicable to such processing.

6.6 Licence to your trademarks

You hereby grant Ostrya AI a non-exclusive, non-transferable (except in connection with a permitted assignment of this Agreement), worldwide, royalty-free right and license during the term of this Agreement, to use and display your trademarks, logos, service marks, and trade names, whether or not registered, if any, as provided by you (collectively, "Your Trademarks") through the Services, solely for the purposes of promoting and marketing your Products on or through the Services. Ostrya AI will not remove, alter, or obscure any of Your Trademarks incorporated in or accompanying any of your Products or your Product Documentation.

6.7 End user licence terms for your products

Notwithstanding the appointment of Ostrya AI as the authorised payment facilitator and technology platform for the sale of your Products by you through the Services, you acknowledge and agree that each of your Products that is sold through the Services is licensed by you, through Ostrya AI, to the relevant Buyer. You shall provide Ostrya AI with the end user license terms and Product Documentation applicable to your Products, and you hereby authorize Ostrya AI to present the same to each Buyer of your Products in a manner that creates a binding contract between you and each such Buyer.

6.8 Personal Data and data protection

6.8.1 Compliance with Applicable Data Protection Law. Each party shall comply with all applicable data protection and privacy laws in connection with its collection, access, use, disclosure, storage, processing, transfer and deletion of Personal Data through or in connection with the Services, including, where applicable, the Digital Personal Data Protection Act, 2023 and the rules, regulations, notifications and directions issued thereunder ("Applicable Data Protection Law").

6.8.2 Roles of the parties. The parties acknowledge that the role of Ostrya in relation to Personal Data depends upon the nature and purpose of the relevant processing activity.

Where Ostrya determines the purpose and means of processing Personal Data for its own purposes, including account administration, platform security, fraud prevention, regulatory compliance, payment facilitation, KYC and identity verification, customer support, and other purposes expressly described in the applicable Privacy Policy or notice, Ostrya may act as a Data Fiduciary or otherwise in the capacity prescribed under Applicable Data Protection Law.

Where Ostrya processes Personal Data solely on behalf of a Creator and in accordance with the Creator's documented instructions for the purpose of providing the Creator's products or services through the Platform, Ostrya may act as a Data Processor or equivalent service provider, as applicable under Applicable Data Protection Law.

A Creator remains responsible for determining the lawful basis and purposes for processing Personal Data that it independently collects or controls and for providing all notices and obtaining all consents or other authorisations required under Applicable Data Protection Law. The designation of the parties as Data Fiduciary or Data Processor shall be determined separately for each processing activity based on the purpose and means of such processing and shall not be determined solely by the contractual relationship between the parties.

6.8.3 Creator obligations. Where a Creator collects, uploads, provides or otherwise makes available Personal Data of learners, buyers, students, customers or other individuals to Ostrya, the Creator represents and warrants that:

(a) it has a lawful basis for such processing and disclosure;
(b) it has provided all notices required under Applicable Data Protection Law;
(c) it has obtained any consent required under Applicable Data Protection Law;
(d) the Personal Data is relevant and reasonably necessary for the purposes for which it is provided;
(e) the Personal Data is accurate and, where necessary, kept up to date;
(f) it has obtained all permissions necessary to permit Ostrya and its authorised service providers to process such Personal Data for the purposes of providing the Services; and
(g) it shall not provide Personal Data to Ostrya for any purpose that is unlawful or inconsistent with the applicable notice, consent or other lawful basis.

The Creator shall provide Ostrya only such Personal Data as is reasonably necessary for the relevant Services and shall not provide Personal Data that is excessive, irrelevant or unrelated to the relevant purpose.

6.8.4 Processing by Ostrya. Ostrya shall process Personal Data in accordance with Applicable Data Protection Law and its Privacy Policy and applicable privacy notices. Ostrya shall use Personal Data only for the purposes for which it is collected or otherwise lawfully processed, including providing, maintaining, securing and improving the Services, processing transactions, preventing fraud, complying with legal obligations, providing customer support, and performing other purposes expressly disclosed to the relevant Data Principal.

Where processing is based on consent, Ostrya shall process the relevant Personal Data only for the purpose for which consent was obtained, unless otherwise permitted under Applicable Data Protection Law. Where Ostrya proposes to process Personal Data for a materially different purpose requiring additional notice or consent, Ostrya shall provide the applicable notice and obtain such consent or other affirmative action before commencing that processing.

6.8.5 Data minimisation. Each party shall take reasonable steps to ensure that Personal Data collected or provided through the Services is limited to information that is reasonably necessary for the relevant purpose of processing.

6.8.6 Third-party service providers. Ostrya may engage payment processors, hosting providers, cloud service providers, technology providers, communication providers, identity-verification providers, analytics providers, AI service providers and other authorised service providers to process Personal Data where reasonably necessary to provide, secure or administer the Services, subject to Applicable Data Protection Law and the contractual obligations applicable to such providers.

6.8.7 Data Principal rights. Ostrya shall provide mechanisms through the Platform, Privacy Policy or designated communication channels through which Data Principals may exercise rights available to them under Applicable Data Protection Law, including rights relating to access to information, correction and erasure, withdrawal of consent, grievance redressal and other rights applicable to the relevant processing activity.

Where a request relates to Personal Data processed by Ostrya solely on behalf of a Creator, Ostrya may refer or route the request to the relevant Creator where required by Applicable Data Protection Law or the applicable contractual arrangement.

6.8.8 Withdrawal of consent. Where processing is based on consent, the relevant Data Principal may withdraw such consent through the mechanism provided by Ostrya or the relevant Creator, as applicable. Withdrawal shall not affect the lawfulness of processing carried out before such withdrawal. The mechanism for withdrawal of consent shall be as easy to access and use as the mechanism through which consent was given. Withdrawal of consent may affect Ostrya's ability to provide a feature or Service where the relevant processing is necessary for that feature or Service.

6.8.9 Retention and deletion. Personal Data shall not be retained for longer than is reasonably necessary for the purpose for which it is processed, unless retention is required or permitted under Applicable Data Protection Law, tax, accounting, regulatory, fraud-prevention, dispute-resolution, security or other legal obligations.

Upon expiry of the applicable retention period, Personal Data shall be deleted, erased or anonymised in accordance with applicable law and Ostrya's applicable retention and deletion procedures. Ostrya shall maintain and implement appropriate retention and deletion schedules for categories of Personal Data processed through the Services and shall comply with any applicable statutory retention or deletion requirements prescribed under Applicable Data Protection Law.

6.8.10 Security. Ostrya shall implement reasonable technical and organisational measures appropriate to the nature of the Personal Data and the risks associated with its processing, including appropriate access controls, authentication, confidentiality measures, encryption or equivalent safeguards, monitoring, and procedures for identifying and responding to security incidents, as applicable. Ostrya shall periodically review and update such safeguards having regard to the nature, scope and risks of the processing.

6.8.11 Personal Data breaches. Ostrya shall maintain reasonable technical and organisational measures and procedures for detecting, assessing, containing, investigating, mitigating and responding to Personal Data breaches. Where a Personal Data breach occurs that requires notification under Applicable Data Protection Law, Ostrya shall provide notices to affected Data Principals and the Data Protection Board of India or other competent authority within the timelines and in the manner prescribed under Applicable Data Protection Law. Where Ostrya acts as a Data Processor for a Creator and a breach affects Personal Data processed solely on behalf of the Creator, Ostrya shall notify the relevant Creator without undue delay and provide reasonable assistance necessary for the Creator to comply with its obligations under Applicable Data Protection Law.

6.8.12 Nothing in this Section limits any rights of a Data Principal or any obligation imposed upon a Data Fiduciary, Data Processor or other person under Applicable Data Protection Law.

6.8.13 Processing on behalf of Creators. Where Ostrya acts as a Data Processor or equivalent service provider on behalf of a Creator, Ostrya shall:

(a) process Personal Data only for the purposes necessary to provide the relevant Services and in accordance with the Creator's lawful instructions;
(b) implement reasonable technical and organisational safeguards appropriate to the processing;
(c) ensure that persons authorised to process such Personal Data are subject to appropriate confidentiality obligations;
(d) provide reasonable assistance to the Creator in relation to Data Principal requests, security incidents, deletion and other compliance obligations, taking into account the nature of the processing;
(e) require relevant sub-processors and service providers to maintain appropriate data protection and confidentiality obligations; and
(f) delete or return Personal Data processed solely on behalf of the Creator when the relevant Services terminate, subject to applicable legal, regulatory, security, dispute-resolution and retention requirements.

The Creator shall remain responsible for determining the purposes for which it independently processes Personal Data and for providing any notice and obtaining any consent or other authorisation required for such processing.

6.8.14 Authorised service providers. Ostrya may use third-party service providers to provide infrastructure, cloud hosting, payment processing, identity verification, KYC, fraud prevention, customer support, communications, analytics, AI functionality, security and other services necessary for operating the Platform.

Such service providers may process Personal Data on behalf of Ostrya or, where applicable, on behalf of a Creator. Ostrya shall take reasonable steps to ensure that such processing is subject to appropriate contractual, confidentiality, security and data protection obligations consistent with Applicable Data Protection Law. The categories of third-party service providers and material information regarding such processing shall be described in Ostrya's Privacy Policy or applicable privacy notice, as updated from time to time.

6.8.15 Privacy Policy and data protection notice. Ostrya's collection, use, disclosure, retention and other processing of Personal Data as a Data Fiduciary is described in Ostrya's Privacy Policy and applicable privacy notices. The Privacy Policy identifies the categories of Personal Data processed, the purposes of processing, applicable recipients or categories of recipients, and the mechanisms through which Data Principals may exercise their rights, withdraw consent and submit grievances. In the event of any inconsistency between these Terms and the Privacy Policy regarding the processing of Personal Data, the provision that provides the greater protection to the Data Principal or is required under Applicable Data Protection Law shall prevail to the extent of such inconsistency.

6.9 Delivery of Digital Products

Creators are responsible for uploading their courses, digital products, videos, documents, assessments, memberships, and other content (collectively, "Creator Content") to the Services in the formats and technical specifications supported by Ostrya from time to time. Upon successful purchase or enrolment by a learner, Ostrya will make the applicable Creator Content available through the Services in accordance with the creator's access settings, the learner's purchase rights, and these Terms. Delivery may include online streaming, downloads (where enabled by the creator), live session access, membership access, or other digital delivery methods supported by the Services.

Creators are solely responsible for ensuring that their Creator Content is complete, functional, accurate, free from malicious code, and complies with these Terms and all applicable laws. Ostrya is not responsible for the quality, accuracy, legality, or suitability of Creator Content uploaded by creators.

Ostrya may establish, modify, or discontinue supported file formats, technical requirements, storage limits, streaming technologies, or delivery mechanisms from time to time to improve the Services, provided that such changes do not materially impair access to Creator Content already purchased by learners, except where required for security, legal compliance, or technical maintenance.

7. Refunds, chargebacks, disputes

Refunds shall be processed in accordance with Ostrya's Refund and Cancellation Policy. Where creator approval is required, the Creator agrees to respond within the prescribed timeline; failing which Ostrya may process the refund where reasonably necessary to comply with law, payment partner requirements or consumer protection obligations.

7.1 If you are a Creator

The Creator shall determine the refund policy applicable to its own Creator Content, including the refund window, eligibility conditions and material terms, which shall be displayed to the Buyer before purchase in accordance with Ostrya's Refund and Cancellation Policy. Refund eligibility as between the Creator and the Buyer is determined by the Creator's published refund policy and applicable law, and not by Ostrya. Ostrya acts as the technology platform that facilitates and processes refunds, chargebacks and disputes on the Creator's behalf and does not determine the Creator's refund policy.

Notwithstanding the foregoing, where the Creator fails to respond within the prescribed timeline, or where reasonably necessary to comply with applicable law, consumer-protection obligations or payment-partner requirements, or to prevent fraud or abuse, Ostrya may process, decline, delay or withhold a refund. The Creator shall, at Ostrya's request, provide all information reasonably necessary to resolve such requests, and shall reimburse Ostrya for any monies paid to Buyers or third parties in connection with refunds, chargebacks or disputes, together with any reasonable costs incurred by Ostrya in resolving these requests.

7.2 If you are a Buyer

(a) It is the Buyer's responsibility to review the applicable Creator's refund policy and the material terms of a Digital Product before purchase, and to ensure that the payment and account details provided at the time of purchase are accurate and current so that any approved refund can be processed. Refund eligibility is determined by the applicable Creator's published refund policy and applicable law. Any refund request must be submitted through the Platform within the applicable refund window and in accordance with Ostrya's Refund and Cancellation Policy.

(b) If you request a refund for a purchase through the Services and also initiate a chargeback, payment dispute, or similar claim with your bank, card issuer, payment service provider, or other financial institution for the same transaction, Ostrya or the applicable creator may decline or suspend the processing of your refund request while the payment dispute remains pending. You agree not to submit or pursue a refund request through the Services for a transaction that is already the subject of a chargeback or payment dispute. If a refund has already been issued and you subsequently initiate a chargeback for the same transaction, Ostrya and/or the applicable creator reserve the right to recover the refunded amount, offset it against future payments, suspend access to the applicable Creator Content, or take any other action permitted under these Terms or applicable law. Nothing in this clause limits your statutory rights or your right to pursue a payment dispute through your payment provider where permitted by applicable law.

8. Purchasing products

8.1 Purchasing process

A Buyer may purchase Products through the Services with or without an Account. Having an Account allows a Buyer to access the Buyer's purchase history and the purchased Digital Products through the Buyer's Ostrya AI Library anytime. To purchase a Product, a Buyer must complete the checkout process and provide an authorized payment method. Except as set forth below, all purchases through the Platform are final and the Buyer is responsible for all approved charges. All payments by Buyers for purchases through the Platform must be made through the Platform using a payment method that Ostrya AI in its sole discretion makes available through the Platform as further described in Section 5 (Third-party payments providers).

8.2 Creator delivery obligations

Creators shall ensure that all Digital Products and Creator Content made available for purchase through the Platform are ready for delivery upon successful completion of the applicable purchase. Except where access is restricted due to payment failure, fraud prevention, legal requirements, refunds, chargebacks, violations of these Terms, or circumstances beyond the Creator's or Ostrya's reasonable control, Creators shall not intentionally delay, withhold, disable, or refuse access to Creator Content that has been validly purchased by a learner.

Where a Creator fails to fulfil this obligation, Ostrya may, in its sole discretion, suspend the listing, withhold settlements where permitted by law, process an eligible refund in accordance with the applicable refund policy, or take any other action reasonably necessary to protect learners and the integrity of the Platform.

8.3 Purchasing subscriptions through the Services

(a) Subscriptions and automatic renewal. The Services may allow a Buyer to purchase access to a Digital Product on a subscription basis (a "Subscription"). The Subscription will continue and automatically renew at Ostrya AI's then-current price until terminated in accordance with the Agreement. The price will be billed at the start of the Subscription and at regular intervals (i.e. monthly, annually, etc.) designated at purchase ("Subscription Period").

By subscribing, the Buyer authorizes Ostrya AI to charge the payment method in the Buyer's Account at the beginning of each Subscription Period. If Ostrya AI does not receive payment upon renewal: (i) the Buyer shall pay all amounts due upon demand; and/or (ii) Ostrya AI may terminate or suspend the Subscription and continue attempting to charge the designated payment method until payment is received. Upon receipt, the Account will be activated and the new Subscription Period will begin from the payment date.

Ostrya AI reserves the right to change prices at any time. For price changes affecting a Subscription, Ostrya AI will make commercially reasonable efforts to notify the Buyer, such as emailing the address on the Account. Creators may modify the pricing of future subscription renewals. Where required by applicable law or payment provider requirements, reasonable prior notice of any price change will be provided before the revised price takes effect. Continued use of the Subscription Product after the renewal date constitutes acceptance of the revised pricing. The Buyer may cancel through the "Cancel Membership" flow if they disagree with changes. To prevent automatic renewal or to change or terminate a Subscription, the Buyer must contact Ostrya AI through the Platform.

(b) Effect of cancellation. If the Buyer cancels the Subscription, the Buyer may use the Subscription until the end of the Buyer's then-current Subscription term; the Subscription will not be renewed after the then-current term expires. Upon cancellation, the learner will continue to have access to the Subscription Product until the end of the current billing period, after which access will automatically expire unless the subscription is renewed.

Unless otherwise required by applicable law or expressly stated in the applicable creator's refund policy, subscription fees are non-refundable, and no full or partial refund or credit will be provided for any unused portion of the current billing period. Cancellation only prevents future renewal charges and does not affect amounts already paid.

Nothing in this clause limits Ostrya's or the applicable creator's right to suspend or terminate access to the Services in accordance with these Terms.

9. Currency conversion

The prices of Digital Products and subscription plans on the Platform may be displayed in Indian Rupees (INR) or such other currencies as Ostrya AI may support from time to time. Where prices are displayed or paid in a currency different from the Creator's or Buyer's local currency, any currency conversion shall be carried out by the applicable payment processor, financial institution, card network, or other payment service provider using its prevailing exchange rates and applicable fees at the time the transaction is processed.

Unless otherwise specified, all settlements to Creators, Affiliates, and other eligible recipients shall be made in accordance with the settlement currency and payment mechanisms supported by Razorpay Route or Ostrya AI's designated payment partner. Exchange rates are determined by the relevant payment provider and may fluctuate from time to time. Ostrya AI does not determine, control, or guarantee the accuracy of any exchange rate applied, nor is it responsible for any currency conversion charges, foreign exchange fluctuations, or fees imposed by banks, card issuers, or payment service providers.

Buyers are responsible for reviewing the final amount, including any applicable taxes, currency conversion charges, and payment processing fees, before completing a transaction on the Platform.

10. Taxes

10.1 Meaning of Indirect Tax

"Indirect Tax" includes any sales, use, value added or goods and services tax, any similar tax on sales, turnover or consumption, and any import, customs and similar taxes, duties and tariffs, together, in each case in any jurisdiction and together with any related penalties and interest.

10.2 Indirect Taxes and Creator tax responsibilities

Ostrya is a technology platform that enables Creators to create, market, sell, and deliver Digital Products, courses, memberships, coaching sessions, webinars, events, and other Creator Content to learners. Unless expressly required by applicable law or specifically agreed in writing, Ostrya is not the seller, Creator, merchant of record, reseller, distributor, or agent of any Creator Content made available through the Platform.

Each Creator remains the legal seller of their Digital Products and is solely responsible for:

(a) determining pricing;
(b) issuing invoices or other tax documents where required by applicable law;
(c) obtaining and maintaining GST registration where applicable;
(d) collecting, reporting and remitting all applicable taxes arising from the sale of Creator Content; and
(e) complying with all applicable tax, consumer protection and regulatory laws.

Payments are collected and settled through authorised payment partners, including Razorpay Checkout and Razorpay Route (or any successor payment infrastructure), solely to facilitate payment collection and settlement. Receipt of payment by Ostrya or its authorised payment partners shall be deemed receipt of payment by the Creator, subject to applicable settlement timelines, refunds, chargebacks, deductions authorised under these Terms, and applicable law. Ostrya shall remain responsible only for taxes applicable to its own Platform Fees and for any tax collection, withholding, deduction, or remittance required to be performed by Ostrya under applicable law.

10.3 Settlement of Creator payments

Payments received from learners shall be processed through Ostrya's authorised third-party payment service providers. Following successful payment collection, the creator's share of the transaction, after deduction of applicable Platform Fees, payment processing charges, taxes, refunds, chargebacks, statutory deductions, and other amounts permitted under these Terms, shall be settled to the creator's designated bank account through Ostrya's authorised payment settlement partners in accordance with the applicable settlement schedule and payment partner requirements.

Settlement timelines are determined by the applicable payment service provider and banking systems. Ostrya does not control or guarantee settlement timelines and shall not be liable for delays caused by payment partners, banks, regulatory requirements, verification processes, or circumstances beyond its reasonable control.

10.4 Creator tax responsibility

Each creator is solely responsible for determining, collecting, reporting, and remitting all applicable taxes, duties, levies, cess, and governmental charges arising from the sale, licensing, or supply of Creator Content through the Platform, including but not limited to Goods and Services Tax ("GST"), income tax, and any other taxes applicable under the laws of India or any other applicable jurisdiction. Creators are responsible for obtaining and maintaining any tax registrations, licenses, or approvals required to offer Creator Content through the Platform and for issuing invoices, maintaining records, and complying with all applicable tax, accounting, and regulatory obligations.

10.5 Taxes on Ostrya AI fees

All Platform Fees, subscription fees, transaction fees, and other charges payable to Ostrya AI are exclusive or inclusive of applicable taxes, as expressly indicated at the time of purchase. Where required under applicable law, Ostrya AI shall collect, report, and remit Goods and Services Tax (GST) or any other applicable indirect taxes on such fees. Buyers and Creators are responsible for any taxes, duties, levies, or similar governmental charges applicable to them under the laws of their respective jurisdictions.

10.6 Taxes on Affiliate Commissions

Affiliates are solely responsible for determining, reporting, and paying any taxes, including GST, income tax, withholding tax, or any other applicable taxes, arising from Affiliate Commissions received through the Platform. Ostrya AI may deduct or withhold taxes where required by applicable law and may require Affiliates to complete identity verification (KYC), provide tax-related information, or submit supporting documentation before any payout is processed.

10.7 Taxes applicable to Buyers

Buyers are responsible for paying all applicable taxes, duties, levies, or similar governmental charges associated with the purchase of Digital Products, including any GST, VAT, sales tax, or comparable indirect taxes, as required under the applicable laws of their jurisdiction. Where Ostrya AI or its payment partners are legally required to collect and remit such taxes, the applicable amount will be calculated and displayed at checkout and included in the total amount payable by the Buyer.

10.8 Direct tax

It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. This is particularly relevant if you are operating as a business. Please be aware that Ostrya AI may in some circumstances be required to disclose information about you to tax authorities.

10.9 No tax advice

Ostrya does not provide tax, legal, or accounting advice. Creators are encouraged to seek independent professional advice regarding their tax obligations arising from their use of the Platform.

Nothing in this Agreement shall be construed as making Ostrya the seller, Creator, merchant of record, reseller, distributor or owner of any Creator Content. Ostrya acts solely as a technology platform providing hosting, payment facilitation, settlement infrastructure, AI tools and related platform services to Creators.

10.10 Tax information

Creators are responsible for ensuring that all tax-related information, including GST registration details, Permanent Account Number (PAN), bank account details, and any other information required for tax compliance or payment settlement, remains complete, accurate, and up to date.

Failure to provide accurate or complete tax information may result in delayed settlements, withholding of payments, suspension of payouts, or other actions reasonably necessary to comply with applicable law.

10.11 Tax deductions and statutory withholding

Ostrya shall be entitled to deduct, withhold, collect, or remit any Goods and Services Tax (GST), Tax Deducted at Source (TDS), Tax Collected at Source (TCS), or any other tax, levy, duty, or statutory amount from payments processed through the Platform where such deduction, withholding, collection, or remittance is required under applicable law or by a competent governmental authority.

To the extent permitted by applicable law, Ostrya may deduct such amounts from any settlement otherwise payable to a Creator, Affiliate, or other recipient and remit the same to the appropriate governmental authority. Any such deduction or withholding shall constitute a valid discharge of Ostrya's corresponding payment obligation to the extent of the amount deducted or withheld.

Creators remain solely responsible for all taxes arising from the sale or supply of their Creator Content, except to the extent Ostrya is expressly required by applicable law to deduct, collect, withhold, or remit any tax.

10.12 Confidentiality of GST, TDS and tax information

For the purposes of this Section, the Creator shall be the "Disclosing Party" and Ostrya shall be the "Receiving Party". In connection with the provision of the Services, GST compliance, GST return filing, GST reconciliation, TDS deduction, TDS return filing, tax reporting, settlement, audit, regulatory compliance and other related activities (collectively, the "Permitted Purpose"), the Creator may provide, upload, submit or otherwise make available to Ostrya certain confidential, proprietary and tax-related information.

The Receiving Party shall treat all such information as confidential and shall use such information solely for the Permitted Purpose and for no other purpose except where such use or disclosure is required by applicable law, regulation, court order, governmental authority, tax authority or regulatory requirement.

10.13 Confidential Information

For the purposes of these Terms, "Confidential Information" shall include all information, records, documents, data and materials relating to the Creator, its business, customers, clients, vendors, transactions, finances, tax affairs or statutory compliances that are disclosed or made available to Ostrya in connection with the Permitted Purpose, whether in electronic, physical, oral or any other form.

Without limiting the foregoing, Confidential Information shall include, but shall not be limited to:

(a) GST returns and records, including GSTR-1, GSTR-3B, GSTR-2A, GSTR-2B and other GST filings;
(b) e-invoices, e-way bills, sales registers, purchase registers, invoices, debit notes, credit notes and other transaction records;
(c) TDS returns and records, including Form 24Q, Form 26Q and other applicable TDS filings;
(d) Form 16, Form 16A, Form 26AS and other tax certificates or tax-related statements;
(e) payment ledgers, settlement records, bank account details and other financial information;
(f) PAN and other tax identification or identity-related information, to the extent lawfully provided;
(g) customer, client, vendor, supplier and other counterparty information;
(h) GST registration details, tax invoices, tax correspondence, tax reconciliations and supporting documents; and
(i) any other information which, by its nature or the circumstances of its disclosure, ought reasonably to be understood to be confidential or commercially sensitive.

10.14 Obligations of Ostrya

Ostrya shall:

(a) use the Confidential Information solely for the Permitted Purpose and shall not use such information for any unrelated commercial, marketing, advertising or other purpose without the Creator's prior written consent;
(b) not disclose or make available any Confidential Information to any third party except to the extent such disclosure is reasonably necessary for the Permitted Purpose or is required or permitted under applicable law;
(c) implement and maintain reasonable technical, organisational and administrative safeguards, including appropriate access controls and encryption or equivalent security measures, to protect the Confidential Information against unauthorised access, use, disclosure, alteration, loss or destruction;
(d) restrict access to Confidential Information to its employees, officers, personnel, professional advisers, auditors, contractors, authorised service providers and payment partners who have a legitimate need to access such information for the Permitted Purpose, provided that such persons are subject to confidentiality obligations or professional duties of confidentiality no less protective than those contained herein;
(e) ensure that any disclosure of Confidential Information to an authorised payment processor, including Razorpay or any successor or authorised payment partner, is limited to the information reasonably necessary for payment processing, settlement, tax compliance, fraud prevention, regulatory compliance or provision of the Services; and
(f) not sell, monetise, commercially exploit or otherwise use the Confidential Information for any purpose unrelated to the Permitted Purpose.

10.15 Permitted disclosures

Notwithstanding anything contained herein, Ostrya may disclose Confidential Information:

(a) to its employees, officers, affiliates, professional advisers, auditors, contractors, payment processors, technology service providers and other authorised service providers strictly on a need-to-know basis and to the extent reasonably necessary for the Permitted Purpose;
(b) where such disclosure is required by applicable law, regulation, judicial order, governmental authority, tax authority, regulatory authority or law-enforcement authority; or
(c) where reasonably necessary to prevent fraud, money laundering, unauthorised transactions, security incidents or other unlawful activity, or to protect the rights, property or security of Ostrya, the Creator, users of the Platform or any other person.

Where legally permissible, Ostrya shall use reasonable efforts to notify the Creator before making any disclosure pursuant to Clause 10.15(b).

10.16 Return, deletion and retention of Confidential Information

Upon completion of the Permitted Purpose, or upon termination of the applicable Services or the Creator's use of the Platform, Ostrya shall, within fifteen (15) days, return or permanently delete the Confidential Information in its possession or control, upon the Creator's written request, except to the extent that retention is required by applicable law, regulatory requirements, tax, accounting or audit obligations, court or governmental orders, dispute resolution requirements, fraud prevention measures, information-security requirements, or Ostrya's legitimate legal record-retention obligations.

Where Confidential Information is retained pursuant to the foregoing exception, Ostrya shall continue to protect such information in accordance with the confidentiality and security obligations contained in these Terms and shall retain it only for so long as reasonably necessary to satisfy the applicable legal, regulatory, audit, security or dispute-resolution requirement.

Any Confidential Information contained in routine electronic backups, disaster-recovery systems or archival systems that cannot reasonably be deleted immediately shall remain subject to the confidentiality and security obligations under these Terms and shall be deleted or overwritten in accordance with Ostrya's applicable retention and backup cycles.

The obligations contained in Clauses 10.12 to 10.16 shall survive the termination or expiry of these Terms for so long as Ostrya retains any Confidential Information, subject always to applicable law and the retention requirements expressly permitted under Clause 10.16.

11. Additional Creator obligations

11.1 Creator's payment of Ostrya AI fees

Ostrya does not charge any listing or insertion fee unless expressly notified under a particular subscription plan or commercial arrangement. In consideration of the Services provided through the Platform, the Creator agrees to pay Ostrya the applicable Platform Fees, subscription fees, transaction fees, payment processing charges, and any other charges specified in the applicable Pricing page, subscription plan, enterprise agreement, or other commercial arrangement accepted by the Creator.

Platform Fees shall be calculated in accordance with the Creator's applicable subscription plan or other agreed commercial terms. Unless otherwise expressly stated, transaction fees shall be calculated on the taxable value of each successful sale, excluding GST, and applicable GST shall be levied on Ostrya's fees in accordance with applicable law.

Ostrya may revise its Platform Fees, subscription plans, transaction fees, or pricing structure from time to time by providing reasonable notice through the Platform or by other electronic communication. Revised fees shall apply only to transactions or subscription periods commencing after the effective date of such revision.

Payments received from learners shall be processed through Ostrya's authorised payment partners. Subject to successful receipt of payment, the Creator authorises Ostrya to deduct from the transaction proceeds:

(a) applicable Platform Fees;
(b) payment gateway and payment processing charges actually levied by the applicable payment partner;
(c) authorised affiliate commissions;
(d) refunds, chargebacks, reversals, and payment disputes;
(e) applicable taxes, statutory deductions, TDS, TCS, or other deductions required under applicable law; and
(f) any other amounts authorised under these Terms or agreed commercial arrangements.

If future settlements are insufficient, the Creator shall reimburse Ostrya within fifteen (15) days. The remaining net amount shall be settled to the Creator through Ostrya's authorised settlement partner in accordance with the applicable settlement schedule. Ostrya may recover any outstanding amounts, including negative balances arising from refunds, chargebacks, payment reversals, or other lawful deductions, by adjusting future settlements or by any other lawful recovery mechanism available under these Terms.

11.2 Creator obligations and restrictions

In addition to all other obligations under these Terms, each Creator agrees that:

(a) Prohibited content and activities. You shall not upload, publish, promote, sell, distribute, or otherwise make available any Creator Content or engage in any activity through the Services that:

(i) violates any applicable law or regulation;
(ii) infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any person;
(iii) contains unlawful, fraudulent, deceptive, defamatory, obscene, hateful, discriminatory, violent, or abusive material;
(iv) promotes or facilitates illegal activities, financial fraud, money laundering, terrorism, or other prohibited conduct;
(v) contains malware, viruses, malicious code, or other harmful software;
(vi) is intended primarily for children where prohibited by applicable law or otherwise fails to comply with applicable child protection requirements; or
(vii) violates the policies or requirements of Ostrya, its payment providers, hosting providers, or other service providers.

(b) Accuracy of information. You are solely responsible for ensuring that all descriptions, advertisements, pricing, representations, claims, guarantees, and promotional materials relating to your Creator Content are accurate, complete, and not misleading, and comply with all applicable consumer protection laws.

(i) Customer support. You shall maintain accurate public-facing contact information and provide learners with reasonable support, fulfilment timelines (where applicable), and any information required for the delivery of your Creator Content.

(ii) No circumvention. You shall not directly or indirectly attempt to avoid, reduce, or circumvent Ostrya's platform fees, payment processes, affiliate tracking, or other platform mechanisms, including by encouraging learners to complete transactions outside the Services for content initially offered through the platform.

(iii) AI-generated outputs are assistive only and Creators remain solely responsible for reviewing all AI-generated content before publication.

(c) Compliance with laws. You shall comply with all applicable laws, regulations, governmental directions, court orders, and industry standards in connection with your use of the Services, your Creator Content, and your dealings with learners. Without limitation, you agree to comply with:

(i) the Information Technology Act, 2000, including the rules, regulations, and guidelines issued thereunder, as amended from time to time;
(ii) the Digital Personal Data Protection Act, 2023 ("DPDP Act"), including all rules, regulations, and notifications issued thereunder, where applicable;
(iii) all applicable consumer protection, advertising, taxation, intellectual property, anti-money laundering (AML), Know Your Customer (KYC), and payment-related laws and regulations;
(iv) the requirements, policies, and compliance obligations communicated by Ostrya, its payment partners, hosting providers, and other third-party service providers from time to time, to the extent applicable to your use of the Services.

You shall obtain and maintain all licenses, registrations, approvals, authorisations, consents, and permissions required under applicable law for offering, marketing, and selling your Creator Content through the Services.

(d) Personal Data. Where the Creator collects, receives, uploads, provides, accesses or otherwise processes Personal Data through the Services, the Creator shall comply with all Applicable Data Protection Laws, including the Digital Personal Data Protection Act, 2023 where applicable. The Creator shall ensure that it has a lawful basis for processing such Personal Data, has provided all required notices and obtained any required consents or authorisations, and shall process such Personal Data only for specified and lawful purposes. The Creator shall provide Ostrya only such Personal Data as is reasonably necessary for the relevant Services and shall not knowingly provide sensitive, excessive, irrelevant or unlawfully obtained Personal Data.

Where Ostrya processes Personal Data solely on behalf of the Creator, the Creator shall provide lawful and documented instructions and shall cooperate with Ostrya in responding to Data Principal requests, security incidents, deletion requests and other compliance requirements.

(i) Marketing communications. If the Creator sends or causes to be sent any email, SMS, WhatsApp message, telephone communication, push notification, direct marketing communication or other electronic communication using Personal Data obtained through the Services, the Creator shall comply with all Applicable Data Protection Laws and applicable telecommunications, anti-spam and consumer protection requirements. The Creator shall obtain any consent required by law through an appropriate affirmative mechanism, clearly identify the sender and purpose of the communication where required, maintain appropriate records of consent, and provide a functional mechanism for withdrawal of consent or opting out of marketing communications. Personal Data obtained through the Platform shall not be used for unrelated marketing purposes unless such processing is lawfully permitted and appropriately disclosed.

(ii) Platform policies. You agree to comply with all reasonable policies, standards, technical requirements, security measures, and operational guidelines published by Ostrya from time to time, provided such policies are consistent with these Terms.

(iii) Responsibility for Creator Content. You remain solely responsible for the legality, quality, accuracy, safety, and delivery of your Creator Content and for all interactions with learners arising from your use of the Services.

11.3 Suspension or termination of Creator's account

(a) Ostrya AI, in its sole discretion, may suspend or terminate the Creator's Account(s), or retain any or all funds pending settlement or not yet paid to you (as applicable), if Ostrya AI suspects or has reason to believe and/or if a person otherwise claims that the Creator has violated the law or breached any term of this Agreement.

In addition to the foregoing, and all other rights and remedies available to Ostrya AI at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event the Creator breaches any term of this Agreement, or the Creator's Account becomes dormant and/or has a negative balance, Ostrya AI will have the right to immediately suspend or terminate the Creator's Account and the Creator's rights to access, use and/or otherwise participate in the Platform. Upon such termination, the Creator agrees to immediately cease all use of the Services.

Without limiting the foregoing, Ostrya AI shall have the right to immediately terminate the Creator's access and use of the Platform, or any portion thereof, in the event of any conduct that Ostrya AI, in its sole discretion, considers unacceptable. Ostrya AI shall also have the right to withhold funds pending settlement or not yet paid to you (as applicable) that are associated with activities or products that Ostrya AI considers in its sole discretion to be fraudulent or illegal under any applicable law.

Following suspension or termination of the Creator's Account or retaining of funds pursuant to this Section, Ostrya AI will review the Creator's Account in a manner determined by Ostrya AI in its sole discretion. The Creator agrees to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, Ostrya AI may retain or withhold funds pending investigation and may apply such funds towards refunds, chargebacks, regulatory obligations, losses or damages actually suffered, subject to applicable law, provided such amounts (i) are not a penalty, and (ii) are reasonable and not disproportionate to such presumed damages to Ostrya AI.

(b) Where reasonably necessary to cover anticipated or actual refunds, chargebacks, payment reversals or payment disputes, Ostrya may withhold, or hold in reserve, a reasonable portion of the amounts otherwise payable to a 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. Any amount so reserved shall be used only to satisfy legitimate refunds, chargebacks, payment disputes, statutory obligations 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. Where a Creator presents an elevated refund, fraud, chargeback, legal or compliance risk, Ostrya may impose additional settlement conditions, reserves or restrictions, or suspend or terminate the Creator's Account, subject to applicable law.

12. Responsibility for content

Types of content. You acknowledge that all Content, including the Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not Ostrya AI, are entirely responsible for all Content that you upload, post, e-mail, transmit, publish, submit, distribute or otherwise make available through the Platform ("Creator Content"), and that you and other users of the Services, and not Ostrya AI, are similarly responsible for all Content that you and they make available through the Services.

12.1 Intellectual property complaints

If Ostrya receives a complaint, notice, or otherwise reasonably believes that any Creator Content may infringe the intellectual property rights or other proprietary rights of any person, Ostrya may, without prior notice and at its sole discretion, remove, disable access to, suspend, or restrict the availability of such Creator Content pending investigation.

The Creator shall promptly provide any information or documentation reasonably requested by Ostrya to verify the Creator's rights in the disputed Creator Content. Where Ostrya reasonably determines that the complaint is valid, or where removal is otherwise required by applicable law, court order, governmental authority, or the requirements of Ostrya's payment partners, hosting providers, or other service providers, Ostrya may permanently remove the Creator Content and take such further action as it considers reasonably necessary, including suspension or termination of the Creator's account in accordance with these Terms.

Nothing in this Clause shall require Ostrya to independently adjudicate ownership of intellectual property rights or resolve disputes between third parties.

12.2 Storage

Unless expressly agreed to by Ostrya AI in writing elsewhere, Ostrya AI has no obligation to store any of the Creator Content that you upload, publish, submit, distribute or otherwise make available through the Platform on the Services. Ostrya AI has no responsibility or liability for the timeliness, deletion, mis-delivery or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting.

You agree that Ostrya AI retains the right to create reasonable limits on Ostrya AI's use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Services and as otherwise determined by Ostrya AI in its sole discretion. Creators remain solely responsible for maintaining independent backup copies of their Creator Content.

Notwithstanding anything contained in this Clause 12.2, any Confidential Information received or processed by Ostrya pursuant to Clauses 10.12 to 10.16 shall remain subject to the confidentiality, security, access restriction, retention and deletion obligations expressly set out in Clauses 10.12 to 10.16. In the event of any inconsistency between this Clause 12.2 and Clauses 10.12 to 10.16, Clauses 10.12 to 10.16 shall prevail solely with respect to such Confidential Information.

13. Affiliate Program

13.1 Eligibility

Ostrya may, at its sole discretion, offer an affiliate program ("Affiliate Program") that enables eligible individuals or entities ("Affiliates") to earn commissions by referring new users, creators, customers, or subscribers to the Platform. Participation in the Affiliate Program is voluntary and subject to approval by Ostrya. Ostrya reserves the right to accept, reject, suspend, or revoke any Affiliate's participation at its sole discretion and without any obligation to provide reasons.

Affiliates must:

(a) be at least eighteen (18) years of age or otherwise legally competent to enter into binding contracts under applicable law;
(b) maintain an active Ostrya account in good standing;
(c) comply with these Terms, all applicable Platform policies, and applicable laws; and
(d) complete any identity verification, KYC, tax, or payment onboarding requirements requested by Ostrya or its payment partners before receiving any payouts.

13.2 Registration

To participate in the Affiliate Program, eligible users must register through the Platform and provide all information reasonably requested by Ostrya, including payment details, tax information, and KYC documentation. The Affiliate represents and warrants that all information provided is accurate, complete, and up to date and agrees to promptly notify Ostrya of any changes.

13.3 Referral links

Upon approval, Ostrya may provide the Affiliate with a unique referral link, referral code, or other tracking mechanism ("Referral Link"). Affiliates shall use only Referral Links issued or approved by Ostrya. Referral Links may not be altered, manipulated, copied, or used in any manner intended to circumvent Ostrya's tracking systems. Referrals shall be tracked using Ostrya's systems, and Ostrya's records shall be final and binding for determining referral attribution, eligibility, and commission calculations.

13.4 Attribution period

A qualifying referral shall be attributed to the Affiliate if the referred user completes the applicable qualifying action through the Affiliate's Referral Link within thirty (30) days from the user's first valid click on the Referral Link ("Attribution Period"), unless otherwise specified by Ostrya. If multiple Affiliates refer the same user, commission shall generally be attributed to the Affiliate whose valid Referral Link was last used within the Attribution Period, unless Ostrya's tracking system or applicable promotional terms provide otherwise. Ostrya reserves the right to determine referral attribution in cases involving fraud, duplicate accounts, multiple referrals, technical errors, or abuse.

13.5 Affiliate Commission

Affiliates may earn commissions only on qualifying transactions that satisfy the eligibility criteria established by Ostrya from time to time. Commission rates, eligible products or subscription plans, qualifying events, exclusions, promotional campaigns, and commission structures may be determined, modified, suspended, or withdrawn by Ostrya at its sole discretion.

No commission shall be payable for:

(a) self-referrals;
(b) purchases made using fake, duplicate, or fraudulent accounts;
(c) cancelled, refunded, reversed, disputed, or chargeback transactions;
(d) transactions obtained through prohibited promotional methods;
(e) transactions that violate these Terms or applicable law; or
(f) any transaction that Ostrya reasonably determines to be fraudulent, abusive, or ineligible.

Commissions shall become payable only after the applicable refund, cancellation, and chargeback period has expired and the qualifying transaction has been successfully settled.

13.6 Payout schedule

Affiliate commissions shall be calculated by Ostrya based on its internal records. Payouts shall ordinarily be processed on a monthly basis, provided that the Affiliate has accumulated a minimum payable commission equal to the minimum payout threshold set by Ostrya and notified through the Platform from time to time. Where the minimum payout threshold is not met, unpaid commissions shall ordinarily be carried forward to subsequent payout periods until the threshold is achieved. Ostrya may withhold, delay, offset, or adjust any payout to account for refunds, chargebacks, payment reversals, fraud investigations, tax deductions, legal obligations, or any breach of these Terms.

13.7 KYC and payment verification

No Affiliate payout shall be processed unless the Affiliate has successfully completed all applicable Know Your Customer ("KYC"), identity verification, payment verification, tax verification, and onboarding requirements required by Ostrya or its authorised payment partners. Failure to complete or maintain valid verification information may result in delayed payouts, suspension from the Affiliate Program, forfeiture of commissions where permitted by law, or termination of participation.

13.8 Taxes

Affiliates are solely responsible for determining, reporting, and paying all taxes arising from Affiliate commissions, including income tax, Goods and Services Tax (GST), and any other taxes applicable under law. Where required by applicable law, Ostrya may deduct or withhold Tax Deducted at Source (TDS), GST, or any other statutory deductions before making Affiliate payouts. Affiliates agree to provide all tax information reasonably required by Ostrya for compliance with applicable tax laws.

13.8(A) Affiliate data and privacy

Affiliates shall comply with Applicable Data Protection Law in relation to any Personal Data collected, accessed, used, disclosed or otherwise processed in connection with the Affiliate Program. Affiliates shall not collect or use Personal Data of referred users for any purpose unrelated to the referral or promotion activity without a lawful basis and, where required, appropriate notice and consent.

Affiliates shall not sell, disclose, scrape, harvest, profile or otherwise commercially exploit Personal Data obtained through the Affiliate Program except as expressly authorised by Ostrya and permitted under Applicable Data Protection Law. Affiliates shall not use tracking, referral or advertising technologies to collect Personal Data beyond what is reasonably necessary for attribution and fraud prevention.

Ostrya may process Affiliate Personal Data for account administration, referral attribution, fraud prevention, payment, KYC, tax compliance, security and other purposes disclosed in its Privacy Policy or applicable privacy notice.

13.9 Prohibited conduct and fraud

Affiliates shall not:

(a) engage in misleading, deceptive, fraudulent, or unlawful advertising;
(b) send unsolicited commercial communications or spam;
(c) bid on Ostrya trademarks or confusingly similar keywords in paid advertising without prior written approval;
(d) impersonate Ostrya or represent themselves as employees, agents, or authorised representatives of Ostrya;
(e) create fake accounts, self-referrals, automated referrals, bots, click farms, or other artificial referral activity;
(f) manipulate cookies, tracking mechanisms, referral systems, or commission calculations;
(g) make false, misleading, or unsubstantiated statements regarding Ostrya or the Services; or
(h) engage in any activity that may damage Ostrya's reputation or violate applicable law.

Ostrya may investigate suspected fraud or abuse and may suspend commissions, reverse commissions, withhold payouts, terminate participation, or take legal action where appropriate.

13.10 Suspension and termination

Ostrya may suspend or terminate an Affiliate's participation in the Affiliate Program at any time if the Affiliate:

(a) breaches these Terms;
(b) engages in fraudulent, abusive, deceptive, or unlawful conduct;
(c) fails to satisfy eligibility, verification, or KYC requirements;
(d) damages or is reasonably likely to damage Ostrya's reputation or business interests; or
(e) otherwise acts in a manner inconsistent with the objectives of the Affiliate Program.

Upon termination, any unpaid commissions relating to fraudulent, disputed, cancelled, refunded, or otherwise ineligible transactions shall be forfeited. Commissions validly earned before termination may be paid in accordance with these Terms, subject to applicable deductions and legal requirements.

13.11 Modification or discontinuation of the Affiliate Program

Ostrya reserves the right, at any time and without prior notice, to modify, suspend, discontinue, or terminate the Affiliate Program, including its eligibility criteria, commission structure, referral rules, payout thresholds, promotional campaigns, or other program features.

Any modifications shall apply prospectively unless otherwise required by applicable law. Continued participation in the Affiliate Program after such modifications constitutes acceptance of the revised terms.

Participation in the Affiliate Program does not create any employment, agency, partnership, joint venture, franchise, fiduciary, or other similar relationship between the Affiliate and Ostrya. Affiliates act solely as independent contractors and have no authority to bind or represent Ostrya in any manner unless expressly authorised in writing.

13.12 Ownership of the Platform

Except for Creator Content owned by the Creator or third parties, the Platform, Services, software, AI tools, user interface, design, trademarks, logos, documentation, databases, and all related intellectual property rights are and shall remain the exclusive property of Ostrya or its licensors. Nothing in these Terms transfers any ownership rights in the Platform or Services to the Creator.

13.13 Creator Content

Ostrya AI does not claim ownership of Creator Content. The Creator represents and warrants that it owns or has all necessary rights, licenses, consents and permissions to upload, publish, market, distribute and sell the Creator Content through the Platform and that such Creator Content does not infringe the intellectual property or other rights of any third party.

13.14 Licence to Creator Content

Subject to any applicable account settings that you select, you grant Ostrya AI a non-exclusive, worldwide, royalty-free, sublicensable (solely to Ostrya's authorised service providers for the purpose of operating the Platform), non-transferable (except in connection with a permitted assignment of this Agreement) and revocable licence, for the duration of your use of the Services, to host, store, reproduce, cache, transmit, display, market, distribute and otherwise use your Creator Content solely to operate, maintain, improve, promote, secure and provide the Platform and the Services.

This licence does not permit Ostrya to modify the substantive content of, or create derivative works from, your Creator Content except as reasonably necessary for formatting, encoding, delivery or security, and does not transfer any ownership of your Creator Content to Ostrya. For the avoidance of doubt, nothing in this licence permits Ostrya to use identifiable Creator Content to train its own artificial intelligence models, except as expressly permitted by you and consistent with the Privacy Policy.

Following termination, Ostrya may retain Creator Content only to the extent reasonably necessary for legal compliance, dispute resolution, fraud prevention, backup, archival purposes or enforcement of these Terms.

(a) You agree that you, not Ostrya AI, are responsible for all of the Creator Content that you upload, publish, submit, distribute or otherwise make available through the Platform or in the Services. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Ostrya AI in its sole discretion. You may not post or submit for print services a photograph of another person without that person's permission.

13.15 Attribution

Notwithstanding anything contained herein to the contrary, by submitting Creator Content to any comments, or any other area on the Services, you hereby expressly permit Ostrya AI to identify you by your username (which may be a pseudonym) as the contributor of Creator Content in any publication in any form, media or technology now known or later developed in connection with Creator Content. Ostrya may identify the Creator using the Creator's display name, business name, brand name, channel name or username in connection with Creator Content made available through the Platform.

13.16 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Ostrya AI ("Feedback") is at your own risk and that Ostrya AI has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant Ostrya AI a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Ostrya AI's business.

14. User conduct and certain restrictions

As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party to): (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Ostrya AI; (c) use any metatags or other "hidden text" using Ostrya AI's name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) remove or destroy any copyright notices or other proprietary markings contained on or in the Services.

Further, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, publish, submit, distribute or otherwise make available through the Platform any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Ostrya AI's prior written consent; (v) impersonates any person or entity, including any employee or representative of Ostrya AI; (vi) interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; (vii) manipulates pricing, subscriptions, memberships, course offerings or other Creator listings; (viii) transfers your account and username to another party without our consent; (ix) bypasses our robot exclusion hardware, interferes with the working of the Platform, or imposes an unreasonable or disproportionately large load on our infrastructure; (x) uses the Platform to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission; (xi) takes any action that may undermine our feedback or ratings systems; (xii) breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your account status; (xiii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services.

15. No solicitation

The Platform may not be used to solicit for any other business, website or services. You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to the Services facilitated through the Services.

You may not use the Platform to collect usernames and/or email addresses of users by electronic or other means without the express prior written consent of Ostrya AI. You may not use the Platform to collect, harvest, scrape, compile, transmit, distribute or submit Personal Data of other users, including usernames, email addresses, telephone numbers or other contact information, except where such collection or processing is expressly permitted through the Services and is carried out in compliance with Applicable Data Protection Law.

You shall not use Personal Data obtained through the Platform for unrelated advertising, solicitation, profiling, sale, disclosure or other commercial purposes unless such processing is lawfully permitted and, where required, based on appropriate notice and consent.

Creators shall not knowingly divert learners acquired through the Platform to complete transactions outside the Platform for the purpose of avoiding Platform Fees.

16. Investigations, monitoring, and no obligation to pre-screen content

16.1 Monitoring; content

Ostrya AI may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Services and/or Content, including Creator Content, at any time. By entering into the Agreement, you acknowledge that Ostrya may monitor, review, remove or restrict access to Creator Content where reasonably necessary to comply with applicable law, enforce these Terms, protect Platform security or investigate suspected misuse. Any monitoring, review or processing of Your Content or communications by Ostrya will be carried out only to the extent reasonably necessary for the purposes described in, and subject to, Ostrya's Privacy Policy and Applicable Data Protection Law.

In the event that Ostrya AI pre-screens, refuses or removes any Content, you acknowledge that Ostrya AI will do so for Ostrya AI's benefit, not yours. Without limiting the foregoing, Ostrya AI reserves the right to: (a) remove or refuse to post any Creator Content for any or no reason in our sole discretion; (b) take any action with respect to any Creator Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Ostrya AI; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Services or if Ostrya AI otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

Upon determination of any possible violations by you of any provision of the Agreement, Ostrya AI may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you. Ostrya may remove, disable access to, or restrict Creator Content where reasonably necessary to comply with applicable law, court orders, payment partner requirements, intellectual property claims, consumer protection obligations or these Terms.

For the avoidance of doubt, any monitoring, review, processing, storage or analysis of Content or communications by Ostrya shall be carried out only to the extent reasonably necessary for the purposes disclosed to the user, including providing and securing the Services, enforcing these Terms, preventing fraud or misuse, complying with applicable law, addressing security incidents, or otherwise as permitted under Applicable Data Protection Law. Nothing in this Clause shall be construed as excluding or limiting any privacy or data protection rights available to a Data Principal under Applicable Data Protection Law.

16.2 Criminal activity

If Ostrya AI believes that criminal activity has occurred, Ostrya AI reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Services, including Your Content, in Ostrya AI's possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Creator Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Ostrya AI, its Registered Users or the public, and all enforcement or other government officials, as Ostrya AI in its sole discretion believes to be necessary or appropriate.

17. Interactions with other users

User responsibility. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Ostrya AI reserves the right, but has no obligation, to intercede in such disputes. You agree that Ostrya AI will not be responsible for any liability incurred as the result of such interactions.

17.1 Content provided by other users

The Services may contain Content provided by other users. Ostrya AI is not responsible for and does not control such Content. Ostrya AI does not approve, endorse or make any representations or warranties with respect to such Content. You use all Content and interact with other users at your own risk.

17.2 Subverting the Platform

It is a material breach of this Agreement to arrange for the sale of a Digital Product, Course, Membership, Webinar or Creator Content from, or the payment of fees to, Creators outside the context of the Platform for the purposes of circumventing the obligation to pay the Ostrya AI Fee for products sold by the creator through the Platform.

18. Release

Other than as expressly set forth in the Agreement, Ostrya AI expressly disclaims any liability that may arise between users of its Platform. In the event that you have a dispute with one or more users regarding any contract you have entered into with such user, you release Ostrya AI, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners and licensors, but excluding any users (each an "Ostrya AI Party" and collectively, the "Ostrya AI Parties") from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

To the maximum extent permitted under applicable law, you release and discharge Abscissa AI LLP, its partners, affiliates, officers, employees, agents, licensors, and service providers from any claims, demands, liabilities, damages, losses, costs, or expenses arising out of or relating to your use of the Services, your Creator Content, or your interactions with other users, except to the extent such claims arise directly from Ostrya's wilful misconduct, fraud, gross negligence, or any liability that cannot be excluded or limited under applicable law.

Nothing in these Terms shall exclude or limit any rights or remedies that cannot be lawfully excluded or restricted under the laws of India, including applicable consumer protection laws.

19. Indemnification

You agree to indemnify, defend, and hold harmless Abscissa AI LLP, its partners, affiliates, directors, officers, employees, agents, licensors, service providers, and successors (collectively, the "Ostrya Parties") from and against any and all claims, actions, proceedings, demands, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable legal fees and expenses) arising out of or relating to:

(a) your use or misuse of the Services;
(b) any Creator Content, products, services, or other materials that you upload, publish, sell, distribute, or otherwise make available through the Services;
(c) your breach of these Terms or any other policies incorporated by reference;
(d) your violation of any applicable law, regulation, governmental order, or third-party rights, including intellectual property, privacy, publicity, contractual, or proprietary rights;
(e) any dispute between you and another user, creator, learner, affiliate, customer, or third party arising from your use of the Services or your Creator Content;
(f) any inaccurate, misleading, fraudulent, or unlawful representation, advertisement, or claim made by you in connection with the Services; or
(g) your negligence, wilful misconduct, fraud, or other wrongful acts or omissions.

If you are a Creator, you further agree to indemnify and hold the Ostrya Parties harmless from any claims, liabilities, losses, damages, costs, or expenses arising out of or relating to your Creator Content, products, courses, memberships, digital downloads, services, refund obligations, tax obligations, customer complaints, or any breach of your obligations under these Terms.

Ostrya reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In such event, you agree to cooperate fully with Ostrya in the defence or settlement of such matter. Nothing in this Section requires you to indemnify any Ostrya Party for losses arising directly from that party's fraud, wilful misconduct, gross negligence, or any liability that cannot be excluded or limited under applicable law. The obligations under this Section shall survive the suspension or termination of your account, your use of the Services, or these Terms.

20. Disclaimer of warranties and conditions

20.1 Disclaimer of warranties

To the fullest extent permitted under applicable law, your access to and use of the Services is at your sole risk. The Services, including all features, functionality, Creator Content, and related services, are provided on an "as is" and "as available" basis, without warranties or guarantees of any kind, whether express, implied, statutory, or otherwise.

Abscissa AI LLP, operating the Ostrya platform ("Ostrya"), and its affiliates, partners, licensors, and service providers (collectively, the "Ostrya Parties") expressly disclaim, to the maximum extent permitted by law, all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted availability, accuracy, reliability, security, or freedom from errors, viruses, or other harmful components.

Without limiting the foregoing, Ostrya does not warrant or represent that:

(a) the Services will operate uninterrupted, timely, secure, or error-free;
(b) any defects or errors will be corrected;
(c) the Services or servers are free from viruses, malware, or other harmful components;
(d) any Creator Content, courses, products, services, or information available through the Services will be accurate, complete, reliable, or suitable for your specific needs; or
(e) use of the Services will result in any particular commercial, educational, financial, or business outcome.

Ostrya acts solely as a technology platform that enables creators to offer and deliver their Creator Content to learners. Except where expressly stated in these Terms, Ostrya does not endorse, guarantee, certify, or warrant the quality, legality, accuracy, effectiveness, or suitability of any Creator Content, course, membership, digital product, or service offered by a creator.

Nothing in these Terms excludes, restricts, or limits any warranty, guarantee, right, or remedy that cannot lawfully be 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.

20.2 No liability for conduct of other users or third parties

YOU ACKNOWLEDGE AND AGREE THAT OSTRYA AI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OSTRYA AI PARTIES LIABLE, FOR THE CONDUCT OF OTHER USERS INCLUDING THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

(a) Ostrya AI makes no warranty that the goods provided by third parties or other users will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ostrya AI makes no warranty regarding the quality of any such goods, or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Services.

(b) As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Ostrya AI to monitor such materials and that you access these materials at your own risk.

21. Limitation of liability

Disclaimer of certain damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL OSTRYA AI PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT OSTRYA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF AN OSTRYA AI PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY AN OSTRYA AI PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY AN OSTRYA AI PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

21.1 Cap on liability

To the fullest extent permitted by applicable law, the aggregate liability of Abscissa AI LLP, operating the Ostrya platform, and its affiliates, partners, officers, directors, employees, agents, licensors, and service providers (collectively, the "Ostrya Parties"), arising out of or relating to the Services or these Terms, whether in contract, tort (including negligence), strict liability, statute, or otherwise, shall not exceed the greater of (a) the total amount of fees actually paid by you to Ostrya during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) ₹5,000 (Indian Rupees Five Thousand). If you have not paid any fees to Ostrya during the applicable period, the total aggregate liability of the Ostrya Parties shall not exceed ₹5,000 (Indian Rupees Five Thousand).

The foregoing limitation of liability shall not apply to the extent liability arises from:

(a) fraud or fraudulent misrepresentation by an Ostrya Party;
(b) wilful misconduct or gross negligence by an Ostrya Party;
(c) death or personal injury caused by the negligence of an Ostrya Party, where such liability cannot be excluded under applicable law; or
(d) any other liability that cannot be excluded or limited under applicable law.

Nothing in these Terms shall limit your statutory rights 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.

For the avoidance of doubt, nothing in this Section shall be construed as excluding, restricting or contracting out of any liability, obligation, remedy or statutory right that cannot lawfully be excluded, restricted or limited under Applicable Data Protection Law, including any mandatory obligations imposed upon Ostrya in respect of the processing or protection of Personal Data.

21.2 Exclusion of damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

21.3 Basis of the bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OSTRYA AI AND YOU.

22. Procedure for making claims of copyright infringement

Abscissa AI LLP ("Ostrya") respects the intellectual property rights of others and expects all users, creators, learners, affiliates, and other users of the Services to do the same. Users are solely responsible for ensuring that any Creator Content or other material uploaded, published, distributed, or otherwise made available through the Services does not infringe the intellectual property or other proprietary rights of any third party.

22.1 Reporting copyright infringement

If you believe that any content available through the Services infringes your copyright or other intellectual property rights, you may submit a written complaint to Ostrya's designated Copyright or Grievance Officer.

Your complaint should include, at a minimum:

(a) your full name and contact details, including your email address;
(b) sufficient information to identify the copyrighted work or other intellectual property claimed to have been infringed;
(c) the URL or other location on the Platform where the allegedly infringing material appears;
(d) a description of the nature of the alleged infringement;
(e) a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or applicable law;
(f) a statement that the information contained in the complaint is accurate and complete; and
(g) a declaration that you are the copyright owner or are duly authorised to act on behalf of the copyright owner.

Complaints may be submitted using the contact details published on the Platform or by emailing raghav@ostryaai.com.

22.2 Review and action

Upon receiving a sufficiently detailed complaint, Ostrya may review the complaint and, where appropriate, temporarily disable access to, remove, restrict, or otherwise take action in respect of the allegedly infringing content in accordance with applicable law.

Ostrya may also notify the user who uploaded the content and, where appropriate, provide that user with an opportunity to respond or submit evidence supporting their right to use the content.

22.3 Repeat infringers

Ostrya reserves the right to suspend, restrict, or terminate the accounts of users or creators who repeatedly infringe, or are reasonably believed to have repeatedly infringed, the intellectual property rights of others.

22.4 False or misleading complaints

Any person who knowingly submits a false, fraudulent, misleading, or bad-faith intellectual property complaint may be liable for any losses or damages suffered by Ostrya, affected users, or third parties, in addition to any remedies available under applicable law.

22.5 Compliance with applicable law

Ostrya will handle copyright and intellectual property complaints in accordance with the Copyright Act, 1957, the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and any other applicable laws in force in India. Creators represent and warrant that they own, or have obtained all necessary licenses, permissions, consents, and other rights required to upload, publish, distribute, and monetise their Creator Content through the Platform, and that such Creator Content does not infringe any intellectual property or proprietary rights of any third party.

23. Term and termination

Term. The Agreement commences on the date when you accept the Terms of Service (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

23.1 Prior use

Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and that the Agreement will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement.

23.2 No subsequent registration

If your registration(s) with, or ability to access, the Services or any other Ostrya AI community is discontinued by Ostrya AI due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, you agree that you shall not attempt to re-register with or access the Services or any Ostrya AI community through use of a different member name or otherwise. You acknowledge that you will not be entitled to receive a refund for fees related to the Services to which your access has been terminated. If you violate the immediately preceding sentence, Ostrya AI reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

23.3 Suspension of Services

Ostrya AI may decline, remove or halt sales of any Product, suspend or terminate an Account, and/or suspend or terminate the Services at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.

24. Territorial restrictions

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Ostrya AI intends to announce such Services or Content in your country. The Services are controlled and offered by Ostrya AI from its facilities in India. Ostrya AI makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

25. Dispute resolution and arbitration

25.1 Informal resolution

Before commencing arbitration, the parties shall attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to these Terms or the Services (a "Dispute") through informal discussions. A party must first send written notice of the Dispute to the other party (to Ostrya at raghav@ostryaai.com or at the registered office stated in these Terms) describing the Dispute and the relief sought, and the parties shall seek to resolve the Dispute within thirty (30) days of such notice.

25.2 Arbitration

If the Dispute is not resolved within thirty (30) days of the notice, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties; failing such agreement within thirty (30) days, the arbitrator shall be appointed in accordance with the Act. The seat and venue of arbitration shall be New Delhi, India; the language of the arbitration shall be English; and the arbitral award shall be final and binding on the parties.

25.3 Confidentiality

The arbitration proceedings and all materials and documents exchanged in them shall be kept confidential by the parties, except to the extent disclosure is required by law or is necessary to enforce or challenge the award.

25.4 Interim relief; consumer and statutory rights

Nothing in this Section prevents either party from applying to a court of competent jurisdiction in New Delhi, India for interim, injunctive or other equitable relief to protect its intellectual property, confidential information or other rights pending the arbitration.

Nothing in this Section requires a consumer to submit any Dispute to arbitration where such requirement is not permitted under applicable law, and nothing in this Section limits or excludes any right available to a consumer or Data Principal to approach the consumer disputes redressal fora under the Consumer Protection Act, 2019, the Data Protection Board of India, or any other competent authority under applicable law.

25.5 Costs

Each party shall bear its own costs of the arbitration, unless the arbitrator determines otherwise.

26. Third-party services

26.1 Third-party websites, applications and ads

The Services may contain links to third-party websites ("Third-Party Websites"), applications ("Third-Party Applications") and advertisements for third parties ("Third-Party Ads"). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination.

Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Ostrya AI. Ostrya AI is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Ostrya AI provides these only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications or Third-Party Ads at your own risk.

When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

27. General provisions

Electronic communications. The communications between you and Ostrya AI may take place via electronic means, whether you visit the Services or send Ostrya AI e-mails, or whether Ostrya AI posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Ostrya AI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ostrya AI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing, in accordance with the Information Technology Act, 2000.

27.1 Assignment

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Ostrya AI's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

27.2 Force majeure

Ostrya AI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

27.3 Questions, complaints, claims

If you have any questions, complaints or claims with respect to the Services, please contact us by mail at J-130, Third Floor, Right Side, Kirti Nagar, New Delhi-110015, or by email at raghav@ostryaai.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

27.4 Consumer complaints and grievance redressal

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.

Abscissa AI LLP is committed to addressing user concerns and resolving complaints in a fair, transparent, and timely manner. If you have any complaint, grievance, or concern regarding the Services, your account, payments, Creator Content, privacy, or any other matter relating to the Platform, you may contact our designated Grievance Officer using the contact details published on the Platform or by emailing raghav@ostryaai.com (or such other email address as may be notified from time to time).

Privacy and data protection grievances. For grievances relating specifically to Personal Data, including requests for access, correction, erasure, withdrawal of consent, unauthorised processing or other rights under Applicable Data Protection Law, users may use the privacy or data-rights mechanism identified in Ostrya's Privacy Policy or contact the designated privacy contact at raghav@ostryaai.com. Ostrya shall process such requests in accordance with the timelines and procedures prescribed under Applicable Data Protection Law.

When submitting a complaint, you should provide sufficient details to enable us to investigate the matter, including your name, registered email address, transaction or order reference (if applicable), and a clear description of the issue. Ostrya will acknowledge receipt of your grievance and use commercially reasonable efforts to resolve it within the timelines prescribed under applicable law, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, where applicable.

Nothing in these Terms limits your rights under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020 (where applicable), the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, or any other applicable law in India. If your grievance is not resolved to your satisfaction, you may pursue any remedies available to you under applicable law before the appropriate consumer forum, regulatory authority, or court of competent jurisdiction.

27.5 Agreement updates

THIS AGREEMENT IS SUBJECT TO CHANGE BY OSTRYA AI IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Ostrya AI will make a new copy of the Terms of Service available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the "Last Updated" date at the top of the Terms of Service.

If we make any material changes, and you have registered with us to create an Account (as defined in Section 4, Registration), we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Agreement will be effective immediately for new users of the Service and thirty (30) days after posting notice of such changes on the Website for existing Registered Users. Ostrya AI may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change(s), you shall stop using the Service.

Where an amendment materially changes the manner, scope or purposes for which Personal Data is collected, used, disclosed, retained or otherwise processed, Ostrya shall provide appropriate notice of such change and, where required under Applicable Data Protection Law, obtain any consent or other authorisation required before undertaking such processing on the basis of the amended Terms or applicable privacy notice. Continued use of the Services shall not, by itself, constitute consent to any processing activity for which separate consent is required under Applicable Data Protection Law. Otherwise, your continued use of the Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS.

27.6 Exclusive venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Ostrya AI agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the courts of competent jurisdiction in New Delhi, India.

27.7 Governing law

These Terms, the Services, and any dispute, controversy, claim, or cause of action arising out of or relating to these Terms, the Services, or the relationship between you and Abscissa AI LLP shall be governed by and construed in accordance with the laws of India, without regard to any conflict of law principles.

The Parties shall use reasonable efforts to resolve any dispute amicably through good-faith discussions within thirty (30) days after written notice of the dispute is given by one Party to the other. If the dispute is not resolved through such discussions, it shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed mutually by the Parties. If the Parties are unable to agree on the appointment of the arbitrator within thirty (30) days, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India. The arbitration proceedings shall be conducted in the English language, and the arbitral award shall be final and binding upon the Parties.

Nothing in this Section shall prevent either Party from seeking interim, injunctive, or equitable relief from any court of competent jurisdiction to protect its intellectual property, confidential information, or other rights pending the resolution of the dispute through arbitration. Subject to the arbitration provisions above, the courts located in New Delhi, India, shall have exclusive jurisdiction over any matters relating to the enforcement of an arbitral award, interim relief, or any matter that is not capable of resolution by arbitration under applicable law.

27.8 Choice of language

The parties confirm that it is their express wish that this Agreement, and all documents and notices related hereto, be in English.

27.10 Waiver

Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

27.11 Survival

Notwithstanding the expiration or termination of these Terms or the Creator's account, any provision which by its nature is intended to survive such expiration or termination shall continue in full force and effect, including, without limitation:

(a) payment obligations, settlement adjustments, recovery of outstanding amounts, refunds, chargebacks, reserves, and other financial obligations;
(b) intellectual property rights, licenses granted under these Terms, and protection of proprietary information;
(c) confidentiality obligations;
(d) representations, warranties, indemnities, and limitations of liability;
(e) obligations relating to taxes, statutory deductions, record retention, audits, and regulatory compliance;
(f) dispute resolution, governing law, jurisdiction, and any rights or remedies accrued prior to termination; and
(g) any other provision which, by its express terms or necessary implication, is intended to survive termination.

Termination of these Terms shall not affect any rights, liabilities, obligations, or remedies that have accrued prior to the effective date of termination.

27.12 Severability

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

27.13 Export control

You may not use, export, import, or transfer the Services except as authorized by Indian law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported into any states or countries embargoed by India.

By using the Services, you represent and warrant that you are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country, and that you are not listed on any Indian Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by Indian law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

You acknowledge and agree that products, services or technology provided by Ostrya AI are subject to the export control laws and regulations of India. You shall comply with these laws and regulations and shall not, without prior Indian government authorization, export, re-export, or transfer Ostrya AI products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

27.14 Entire agreement

The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.