TERMS & CONDITIONS

Company: Own Professional Collaboration (OPC)
Website: theowncollab.com
Contact: ceo@theowncollab.com

Effective Date: 15th December 2025  |  Last Updated: 15th December 2025

1. ACCEPTANCE, SCOPE & BINDING NATURE

By accessing, registering for, or using OPC’s Platform or Services you (the “User”) accept and agree to these Terms & Conditions (the “Terms”); you also consent to OPC’s Privacy Policy and any other policies or guidelines posted on the Platform. [cite: 24, 25]

These Terms govern all use of the Platform (including account creation, campaign matching, negotiation facilitation, payment processing, event & sponsorship coordination, analytics, reporting and related services). If you do not accept these Terms, do not register or use the Platform. [cite: 26, 27]

2. DEFINITIONS

For clarity:

  • “Platform”: OPC website, mobile apps, dashboards, APIs, tools, and communications. [cite: 30]
  • “User(s)”: Influencers, Brands, Sponsors, Event Organizers, or any person/entity using the Platform. [cite: 31]
  • “Services”: Matchmaking, campaign management, negotiation support, contract generation, payments facilitation, analytics, event & sponsor management, and other services OPC offers. [cite: 32]
  • “Content”: Text, graphics, videos, images, reviews, listings, and social posts uploaded or transmitted by Users. [cite: 33]
  • “Intermediary”: OPC in its role as an online platform provider (see Section 4). [cite: 34]

3. ELIGIBILITY & REGISTRATION

Users must be at least 18 years old and legally competent to contract. Corporate Users must have authority to bind the entity. Users must register using accurate information, promptly update changes, and submit KYC documents if requested. OPC may refuse, verify, suspend, or terminate accounts that are incomplete, fraudulent, or breach these Terms. [cite: 36, 37, 38, 39]

KYC & Verification: OPC may require identity, business registration, tax, or bank details for Brands/Sponsors or Influencers. Provision of KYC documents is a condition of certain Services (e.g., payments, high-value campaigns, escrow, or sponsor onboarding). [cite: 40, 41]

4. SERVICES; OPC’S ROLE (INTERMEDIARY)

4.1 Facilitator Role

OPC provides an online marketplace and facilitation services that connect Influencers, Brands, and Sponsors. Unless expressly agreed otherwise in a written, signed contract, OPC acts only as an intermediary and is not the employer, agent, joint venture partner, fiduciary, or legal representative of any User. [cite: 43, 44]

Contracts for campaigns, sponsorships, or events are formed directly between the contracting Users (Brand ↔ Influencer, Brand ↔ Sponsor, etc.). OPC’s role is limited to facilitation, technology, and optional administrative services (e.g., payments, escrow, analytics). This intermediary role is central to OPC’s legal protections under Indian law. [cite: 45, 46, 47]

4.2 Services Offered

Matching, proposal & negotiation support, templated contracts, invoicing/payment facilitation, escrow (where offered), campaign monitoring & analytics, dispute support, event & sponsor coordination, and related services. [cite: 48]

5. USER ACCOUNTS, SECURITY & KYC

Users are solely responsible for account credentials; notify OPC immediately of unauthorized use. OPC may disable or suspend accounts for suspicious activity, lawful requests, or to comply with regulatory obligations (KYC, tax reporting, court orders). [cite: 50, 51]

For payment facilitation, Users must provide bank/SWIFT/UPI details and tax identifiers (GSTIN, PAN) where required. OPC may share limited KYC/tax info with payment processors or authorities as required by law. [cite: 52, 53]

6. USER REPRESENTATIONS & WARRANTIES

Each User represents and warrants that: [cite: 55]

  • They are legally eligible to contract;
  • Content is original or they have all necessary rights/consents;
  • Content complies with applicable laws (IP, defamation, obscenity, advertising standards);
  • They will not post deceptive, fraudulent, illegal or infringing material;
  • They will comply with platform rules, campaign briefs, and local laws (including advertising disclosure requirements).

7. CAMPAIGNS, CONTRACTS & PAYMENT FLOW

7.1 Contract Formation

Campaigns and collaborations are governed by the separate agreement executed between the contracting parties (the “Campaign Agreement”). Where OPC provides a templated agreement, that template is a starting point; parties should customize terms (deliverables, timelines, payment milestones, IP licenses, approval processes, performance KPIs, penalties/bonuses, confidentiality). [cite: 57, 58, 59]

7.2 Payment Facilitation & Escrow

If OPC provides payment processing/escrow, OPC will hold funds only as a custodian and will release them per the Campaign Agreement or these Terms. OPC may charge service fees/commissions; these are disclosed at onboarding and prior to transaction. OPC is not liable for losses caused by third-party payment processors beyond OPC’s gross negligence or willful misconduct. [cite: 60, 61, 62]

7.3 Refunds & Disputes

Refund/chargeback policies are governed by the Campaign Agreement and OPC’s payment policy. OPC acts as a neutral facilitator in disputes but does not itself decide payment outcomes except where escrow rules apply or where required by law. [cite: 63, 64]

8. FEES, TAXES & WITHHOLDINGS

OPC’s fees/commissions are disclosed at point of sale and/or in the dashboard. Fees may be subscription, transaction-based, or fixed. All fees are exclusive of taxes (GST, TDS) which are the responsibility of the payer unless expressly included. [cite: 66, 67]

OPC may withhold or collect taxes (e.g., TDS) and provide receipts/invoices per law. Users must provide tax details upon request. OPC reserves the right to change fees with notice; continued use after notice implies acceptance. [cite: 68, 69]

9. INTELLECTUAL PROPERTY & LICENSES

9.1 Users’ IP

Users retain ownership of Content they upload, subject to the licenses they grant. [cite: 71]

9.2 Platform IP

OPC owns and retains all rights in the Platform and its content (code, UI, marks, documentation). Users must not copy, modify, or reverse engineer the Platform. [cite: 72, 73]

9.3 User License to OPC

By uploading Content, the User grants OPC a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, distribute and promote such Content for operating and promoting the Platform, analytics, and for marketing OPC services. Users may opt-out of certain promotional uses only where specified in writing. [cite: 74, 75]

9.4 Campaign Work Product

Unless the Campaign Agreement provides otherwise, parties should specify whether campaign deliverables transfer IP to the Brand or remain licensed to the Creator. [cite: 76]

10. DATA PROTECTION, CONSENT & DPDP ACT COMPLIANCE

10.1 DPDP Compliance

OPC processes personal data in accordance with the Digital Personal Data Protection Act, 2023 and applicable rules. OPC acts as a Data Fiduciary for data collected through its Platform, and will process personal data only for specified, lawful purposes with valid consent or other lawful basis. Users must ensure they obtain appropriate consents for personal data processed in campaign activities (e.g., audience data, contests). [cite: 78, 79, 80]

10.2 User Obligations

Users shall not upload or require sensitive personal data unless strictly necessary and lawful. Users must obtain consents where required and must not ask for another person’s personal data without consent. [cite: 81, 82]

10.3 Data Subject Rights & Requests

OPC will enable Data Principals to exercise their rights (access, correction, erasure, withdraw consent) per the DPDP Act. OPC will comply with lawful requests by competent authorities and will notify Users where legally permissible. Users acknowledge some rights may be limited by contractual or legal obligations (e.g., record retention for disputes, tax compliance). [cite: 83, 84, 85]

10.4 Security Measures

OPC maintains industry-standard technical and organizational security measures. However, OPC does not warrant absolute security; in the event of a personal data breach, OPC will follow notification obligations required by law and notify affected Users promptly. [cite: 86, 87]

11. MODERATION, TAKEDOWN, GRIEVANCE & COMPLIANCE (IT & CONSUMER RULES)

11.1 Content Rules & Take-Down

OPC may moderate, flag, limit distribution, or remove Content that violates these Terms, applicable law, or platform policies. OPC will follow take-down procedures required for intermediary safe-harbour (including responding to valid court orders, government requests, or DMCA-like notices where applicable). To maintain intermediary protections, OPC will implement due-diligence and takedown procedures as required under the IT Act and related rules. [cite: 89, 90, 91]

11.2 Grievance Redressal

OPC maintains a Grievance Redressal Officer (GRO) — contact details posted on the Platform — and will process consumer complaints under the Consumer Protection Act & e-commerce rules (including timelines for resolution). Brands must disclose seller details as required by e-commerce regulations. [cite: 92, 93]

11.3 Notice & Response

OPC will provide Users with notice of removal requests and a mechanism to appeal where permitted by law. OPC’s compliance with lawful takedown or disclosure requests does not imply wrongdoing by Users. [cite: 94, 95]

12. LIABILITY, INDEMNITY & LIMITATIONS

12.1 Indemnity by Users

Each User shall indemnify, defend, and hold OPC and its officers harmless from and against any claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising from: [cite: 97, 98, 99]

  • (a) User’s Content;
  • (b) User’s breach of representations and warranties;
  • (c) User’s failure to obtain consents;
  • (d) any third-party claim relating to a campaign; or
  • (e) User’s illegal or negligent actions.

12.2 OPC Liability Cap

Except for willful misconduct or gross negligence, OPC’s aggregate liability to any User for any claim arising from or related to these Terms shall not exceed the total fees actually paid by that User to OPC in the 12 months preceding the event giving rise to the claim. Under no circumstances will OPC be liable for indirect, incidental, special, punitive or consequential damages, including lost profits, loss of data, or business interruption. [cite: 100, 101]

12.3 Safe Harbour & Intermediary Protections

OPC will rely on applicable intermediary safe-harbour protections (e.g., Section 79 of the IT Act and rules) where applicable if OPC (a) acts as a mere intermediary, (b) complies with due-diligence obligations, and (c) follows takedown and grievance procedures. Users acknowledge that where these protections apply, OPC may not be directly liable for third-party Content but may still be required to act on notices or orders. [cite: 102, 103]

12.4 No Guarantee of Outcomes

OPC does not guarantee campaign results, ROI, follower growth, or sales conversions. All campaign performance projections are estimates only. [cite: 104, 105]

12.5 Insurance

OPC may require or recommend that Users maintain appropriate professional liability, content liability, or event insurance for activities facilitated via the Platform. [cite: 106]

13. PROHIBITED ACTIVITIES & COMPLIANCE

Prohibited actions include: unlawful advertising, hate speech, fraud, impersonation, infringing IP, violating privacy/sensitive data rules, using BOTs to manipulate metrics, buying fake followers, evading sanctions, or facilitating illegal transactions. OPC reserves the right to suspend or ban Users engaging in prohibited activities and to cooperate with law enforcement. [cite: 108, 109]

14. TERMINATION, SUSPENSION & EFFECTS

OPC may suspend or terminate accounts for breach, fraud, illegal activity, or to comply with law. On termination, obligations survive (payment, indemnity, confidentiality, liability caps, IP licenses as specified). Termination does not relieve Users of obligations that arose prior to termination (e.g., earned fees, outstanding payments). [cite: 111, 112, 113]

15. FORCE MAJEURE

OPC is not liable for failure to perform due to events beyond its reasonable control (acts of God, strikes, cyberattacks, network outages, governmental restrictions). Reasonable efforts will be taken to resume services. [cite: 115, 116]

16. DISPUTE RESOLUTION, GOVERNING LAW & JURISDICTION

16.1 Governing Law

These Terms are governed by the laws of India. [cite: 118]

16.2 Dispute Resolution

Parties will first use good-faith negotiation/mediation. If unresolved within 60 days, disputes will be referred to arbitration administered under the Arbitration & Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement (or in default, appointed by the relevant court). Arbitration will be held in [INSERT CITY, INDIA]; arbitration award is final and binding. Users may pursue injunctive relief in courts of competent jurisdiction as necessary. [cite: 119, 120, 121]

16.3 Consumer Rights

Nothing in these Terms shall be interpreted to limit consumer rights under Indian consumer protection laws. Where Users qualify as consumers under the Consumer Protection Act, they retain statutory rights and remedies. [cite: 122, 123]

17. AMENDMENTS, NOTICES & MISCELLANEOUS

OPC may modify these Terms; changes are effective upon posting. Major changes will be notified by email/notice and may require affirmative acceptance. Notices to Users shall be via registered email to the account’s primary email, or via Platform notices. If any provision is held invalid, the remainder remains enforceable. These Terms together with the Privacy Policy and Campaign Agreements form the entire agreement. [cite: 125, 126, 127, 128, 129]

18. ANNEXES (TEMPLATES & PRACTICAL IMPLEMENTATION GUIDES)

  • Annex A: Sample Campaign Agreement (Deliverables, Approval Process, Fees, IP Transfer Clauses, Termination for Cause, Confidentiality). [cite: 131]
  • Annex B: Escrow & Payment Release Rules (milestones, disputes, release after acceptance). [cite: 132]
  • Annex C: KYC & Document Checklist (PAN/GSTIN, corporate registration, bank proof). [cite: 133]
  • Annex D: Grievance Procedure & GRO Contact. (Annex templates provided as editable documents for counsel to finalize.) [cite: 134]
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