Table of Contents
- About NextLevel
- Platform Services
- Right to Access and Account Creation
- Use of the Platform
- User-generated Content and Ownership
- Your Conduct on the Platform
- Claims against User-generated Content and use of third-party intellectual Property
- Processing of Personal Information
- NextLevel’s Rights
- Platform Availability
- Deletion of Account
- Limitation of Liability
- Indemnity and Release
- OFAC (Office of Foreign Asset Control)
- California Civil Code Section 1789.3
- Applicable Laws and Jurisdiction
- General Provisions
- Contact for User Support/Queries
- Consumer Grievances
- Contact Us
- Influencer program - Terms &conditions
Welcome to NextLevel! We hope that you have a great experience using our Platform.
These Terms of Service set out the terms and conditions for use of NextLevel website accessible at https://www.nextlevel.app/(the “Site”), and the mobile application software (the “Application”) and the offered content therein including any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform/NextLevel Platform”).
When we speak of “NextLevel”, “we”, “us”, and“our”, we collectively mean Sorting Hat Technologies Private Limited– a company incorporated in India.
All capitalized terms are defined/have the meaning assigned to it under these Terms of Service. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning of such word has in the context of these Terms of Service and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms of Service, we will try and specify where in the Platform Terms you can find the meaning/definition.
- About NextLevel: The Platform is owned, managed, operated and offered by Sorting Hat Technologies Private Limited, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India.
- Platform Services:NextLevel Platform is an online skills assessment platform which allows Candidates on the Platform to showcase their skills through Games and provides Company Partners(defined below) easy access to source and select the best of candidates, pre-assessed on their aptitude, competencies, and skills for roles within any company.
- For Candidates-NextLevel Platform is an online service platform enabling Candidates to showcase their grasp or understanding of specific concept/skills within a subject of their professional interest (“Category(ies)”) by playing freely available Games, (defined below) designed and made available on the Platform, with other Candidates. Each game would comprise of a number of questions, as determined by NextLevel at their sole discretion (“Game ")and would be Category specific. Candidates with similar Rating (defined below) who are live on the Platform and are searching for a Game in the same Category would be matched so that Candidates can play against each other. Based on the number of correctly answered questions in a Game, and taking into consideration parameters such as accuracy, speed, difficulty level of the questions etc, one Candidate would be declared a winner of the Game and such Candidate’s rating i.e., the number of points accumulated by a Candidate (“Rating”), would increase and the other Candidate’s Rating would decrease. Each Candidate would start with a base Rating and based on their performance in each Game played, their Rating would increase/decrease.
NextLevel may rank the Candidates, based on their Ratings on the Platform (“Leaderboards”). NextLevel may also customize the Leaderboards so that it shows the ranks of Candidates vis-à-vis other Candidates in a country or Category etc.
- For a Company Partner- The Platform facilitates companies to register on the Platform which are interested in creating a Page on the Platform to publish job postings in order to recruit Candidates on the Platform that meet the Company Partner’s requirements for job roles (“Company Partner”). An authorized employee of the Company Partner may create and manage a profile on the Platform wherein the name and logo of the Company Partner shall be displayed, in addition to certain information about the Company (“Page”/“Company Page”), create job posts and authorize other employees of the same company to create job posts (“Company PageAdmin”). Subsequent employees of the same Company Partner may also register on the Platform as a Company User (defined below) and create job postings, subject to authorization by the Company Page Admin (“Recruiter”). Company Page Admins and Recruiters shall collectively be referred to as “Company Users”. All job postings created by Company Partners shall be published on the Platform once the Company Partner has been verified by the Company. Based on a Candidate’s Ratings, relevant job postings created by any Company Partner shall be displayed to Candidates who can then reach out to such Company User who posted the job posting, regarding the job posting, including through messaging features enabled on the Platform.
For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services”shall mean and include all the services referred to in this section and such other products or services as may be offered by NextLevel. Additional terms and conditions that specifically govern the use of the Platform by Company Partners are provided in the Company Partner-Terms and Conditions.
You agree and acknowledge that NextLevel shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services.
- Right to Access and Account Creation: As a User to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.
As NextLevel is aimed at professionals, to register on the NextLevel_Platform and use the services provided by the NextLevel Platform, you:
- must be atleast 18 (eighteen) years of age (“Age Requirements”). By using the NextLevel Platform, you, through your actions, affirm that the Age Requirements are met;
- must have only one NextLevel account, which is in your real name (for Candidates)/ or in the name of the Company Partner.
- affirm that you are not restricted by NextLevel from using the Services.
You acknowledge that creating an account with a false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18 (eighteen).
NextLevel reserves the right to terminate your account and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements. You acknowledge that NextLevel does not have the responsibility to ensure that You conform to the aforesaid Age Requirements.
If you are a Company Partner, your access and use of the Platform may additionally be subject to separate agreement(s) with NextLeveland shall be collectively governed by the terms of such agreement, the Company Partner-Terms and Conditions, the Terms of Service, other Platform Terms, and such other terms as may be communicated or agreed with the Company Partner from time to time.
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.
Further, to access the Platform, and use the Services, you will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform and/or avail the Services may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the Services offered therein.
- Use of the Platform:
- NextLevel’s Intellectual Property: NextLevel owns all information and materials (in whatever form or media) provided or communicated or licensed to you by or on behalf of NextLevel including but not limited to, the Platform, the trademarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to NextLevel, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by NextLevel (“NextLevel’s Intellectual Property” or “NextLevel’s IP”). NextLevel Content specifically excludes any content uploaded by the Users, including without limitation, any User-generated Content (defined under the ‘User-generated Content and Ownership’ section below)on the Platform, and any brand names and trademarks that are not owned by NextLevel. You acknowledge and agree that you do not acquire any ownership or rights to NextLevel’s IP by use of the Platform. You acknowledge and agree that the NextLevel’s IP is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display, or performance of the NextLevel’s IP and/or any component thereof is strictly prohibited and may result in legal / penal consequences.
It is further clarified that, NextLevel, its logos, and other marks indicated on our Platform are our trademarks or registered trademarks. Platform 's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Platform. NextLevel’s trademarks and trade dress may not be used in connection with any product or service that is not NextLevel’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NextLevel. NextLevel’s IP will not be used, modified, or altered by you in any way. All other trademarks not owned by NextLevel that appear on this Platform are the property of their respective owners, who may or may not be gated with, or connected to NextLevel.
- License to use the Platform: Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
- License to Learner(s):Subject to the Platform Terms, NextLevel hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the NextLevel Platform for your own personal, non-commercial, and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
- License to Company Partner(s):If you are a Company Partner, NextLevel grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for commercial use in accordance with these Platform Terms and any other agreement(s) that may be executed between you and NextLevel (as applicable).
- Restrictions on usage of the Platform: The license granted to you is limited to the purpose defined under the Platform Terms. You shall not use the Platform for any purpose or in any manner other than as expressly permitted under the Platform Terms, and you shall not, either by yourselves or through any other person, do or cause the doing of, any act or omission that would result in:
- distribution of any part of the Platform or the NextLevel’s IP (as defined above), through any mode or medium, without NextLevel’s prior written authorization.
- alteration or modification of or tampering with any part of the Platform or result in creation of other derivative works of the Platform or the Services offered therein.
- reverse engineering, disassembly, or de-compilation of the Platform or any part thereof or result in derivation of the source code of any software included in the Platform or made available to you as part of the Services using means or processes that are deemed unauthorized and/or illegal.
- accessing or using the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas.
- gaining access to User-generated Content of another User to which you do not have authorized or legitimate access to.
- circumvention or attempt to circumvent any limitations imposed on your account;
- probing, scanning, or testing of the vulnerability of any system or network used by NextLevel, unless NextLevel has given you a prior written authorization.
- sale of access to the Platform (other than as permitted under the Platform Terms) or sale of any advertising, sponsorship, or promotion space on or within the Platform, without NextLevel’s prior written approval.
- use or launch of any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Platform in a manner that sends more request messages to NextLevel’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- unauthorized collection or harvesting of any personally identifiable information, including account names, from the Platform, or in unauthorized use of the communication systems provided by the Platform.
- extraction of any substantial parts of this Platform for re-utilization, including through utilization of any data mining tools, robots, or similar data gathering and extraction tools, without NextLevel’s express prior written consent.
- purchase of search engine or other pay per click keywords (such as Google AdWords), or domain names that use the name ‘NextLevel’ or NextLevel’s trademarks and/or variations and misspellings thereof.
- Other terms applicable for your use of the Platform:
- You agree to receive installs and updates from time to time from NextLevel. These updates are designed to improve, enhance, and further develop the NextLevel and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NextLevel to deliver these to you) as part of your use of the Platform.
- Notwithstanding anything stated to the contrary herein in this section of the Platform Terms, NextLevel grants the operators of public search engines permission to use spiders to copy materials from the Platform 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. NextLevel reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content so submitted or sent is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
- When you submit any reviews, comments or testimonials to NextLevel including any images, photographs, videos or animation in such reviews, comments or testimonials, NextLevel shall have the right to make such reviews comments or testimonials publicly available on its Platform and/or through any other modes, medium, platform or format. By accepting our Platform Terms, you hereby grant NextLevel a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, share, display, publish, retain, make available such reviews, comments and/or testimonials on the Platform and/or on any other platform through any other modes, medium, or format.
- You will not misrepresent or embellish the relationship between NextLevel and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between NextLevel and you.
- NextLevel may, from time to time, offer access to services that are classified as beta version. Access to and use of beta versions may be subject to additional agreements. NextLevel makes no representations that a beta version will ever be made generally available and reserves the right to discontinue or modify a beta version at any time without notice. Beta versions are provided ‘as is’, and may contain bugs, errors, or other defects. Your use of a beta version is at your sole risk.
- User-generated Content and Ownership:
- Ownership of User-generated Content: You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation, any text, image, media, logos published by a Company Partner, written statements or other content posted or published by a User anywhere on the Platform, including without limitation, in the comments section (“User-generated Content”). NextLevel does not claim ownership over any User-generated Content uploaded/published by any User on the Platform.
For clarity, you retain all rights and ownership in your User-generated Content. However, you grant a limited license to NextLevel to make available the User-generated Content on the Platform. Please read the ‘License to User-generated Content’section below to know the exact nature of license and rights you grant to NextLevel. You agree and acknowledge that NextLevel has no control over and assumes no responsibility for, the User-generated Content and you expressly relieve NextLevel from any and all liability arising from the User-generated Content.
- Terms applicable for the User-generated Content:
- You shall be solely responsible for your own User-generated Content and the consequences of submitting and publishing such content on the Platform. In respect of your User-generated Content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User-generated Content.
- You further agree that no content submitted by you on the NextLevel Platform will contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant NextLevel the necessary license and rights required under the Platform Terms. You shall solely be responsible for all claims in respect of your User-generated Content published on the Platform.
- You confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share any content or any information on the Platform that:
- is defamatory, obscene, pornographic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to children;
- infringes any patent, trademark, copyright or other proprietary rights of another;
- violates any law, statute, ordinance or regulation or Platform Terms;
- deceives or misleads any User about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- is false, inaccurate or misleading;
- is obscene or contain pornography; and/or
- Contains any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- As a User, you may submit User-generated Content on the Platform. However, you must understand that NextLevel does not guarantee any confidentiality with respect to any User-generated Content you submit.
- License to User-generated Content: By submitting the User-generated Content on the Platform, you hereby grant NextLevel a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, publish, retain, make available online and/or electronically transmit such User-generated Content as well as technical information collected via the Platform to the extent necessary (i) to provide the Platform and our Services; (ii) to perform our obligations under the Platform Terms and other written agreement with the User; (iii) to provide, monitor, correct, and improve the Platform and Services related thereto; (iv) for the NextLevel Platform and NextLevel’s (and its successors’, subsidiaries and affiliates’) business, including without limitation for promoting and redistributing part or all of the NextLevel Platform in any media formats and through any media channels; and (v) to comply with applicable laws.
You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.
- Your Conduct on the Platform:
- Your conduct on the Platform shall strictly be in accordance with the Platform Terms.
- You understand and confirm that you shall not during your use of the NextLevel Platform at any time post or publish any content, comments, use the messaging feature or act in any way which will amount to harassment or discrimination of any other User. If at any given point it comes to NextLevel’s notice that you have engaged in any kind of harassment or discrimination of other Users, then in such a case you agree that NextLevel shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- NextLevel does not endorse any User-generated Content submitted on the NextLevel Platform by any User, or any opinion, recommendation, or advice expressed therein. NextLevel expressly disclaims any and all liability in connection with User-generated Content. NextLevel does not permit copyright infringing activities and infringement of intellectual property rights on the NextLevel Platform, and NextLevel will remove all User-generated Content if properly notified that such User-generated Content infringes on another’s intellectual property rights in-line with its obligations as an ‘intermediary’. NextLevel reserves the right to remove User-generated Content without prior notice if it has reason to believe that the User-generated Content is violative of these Terms and Conditions. Please refer to the ‘Claims against User-generated Content and use of Third-Party Intellectual Property’ section below to understand the process to notify NextLevel about any infringing content and the process of takedown followed by NextLevel.
- You shall not engage in any activity that will negatively impact NextLevel and/or other Users of the Platform, including without limitation, activities that involve screen-recording, screen-casting or downloading on any other device of any Game made available by NextLevel in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded content on third-party platforms, either for a cost or otherwise. If NextLevel becomes aware of your engagement, either by yourself or through a third-party, in any such activity, then NextLevel may immediately terminate your or such User’s access along with termination and removal of access to the Platform with a right to initiate appropriate legal action, at the sole discretion of NextLevel.
- Claims against User-generated Content and use of third party intellectual property:
Please note that NextLevel does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. NextLevel disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the NextLevel Content, are solely the responsibility of the User providing those materials.
Further, at NextLevel, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights or of any person you are aware of, have been used in a way that gives rise to concerns of infringement, then kindly write to us at email@example.com with complete details as required hereunder.
If NextLevel has knowledge of or has any reason to believe that any content on the Platform violates the intellectual property rights of NextLevel or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified hereinbelow.
- Copyright Complaints and Takedown Policy: All complaints/ notices of alleged copyright infringements or violations received by NextLevel shall be processed, investigated and appropriate actions will be taken in the following manner:
For all User-generated Content published in respect of Services offered outside India, complaints/ notices of alleged copyright infringements or violations received by NextLevel shall be dealt with in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other applicable intellectual property laws. If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to NextLevel’s designated copyright agent at firstname.lastname@example.org(Subject line: “DMCA Takedown Request”) which contains the information stated hereinbelow. You may also send the said information by mail at: Sorting Hat Technologies Private Limited, Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.
For all User-generated Content published in respect of Services offered in India, complaints/ notices of alleged copyright infringements or violations received by NextLevel shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to NextLevel at email@example.com(Subject line: “Copyright: Takedown Request - India”) which contains the information stated hereinbelow. You may also send the said information by mail at: Sorting Hat Technologies Private Limited, Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, Karnataka, India.
Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.
To be effective, the notification you send to us must be in writing and contain the following information:
- an electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
- Your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we may send a copy of any infringement claim received to the person whose User-generated Content was reported by you as infringing, and such person will have the right to respond to your notice in accordance with the applicable laws. Only if we believe to have reasonable grounds that shows proof of any infringement or if there are any court orders, we will take down the infringing content in accordance with the Platform Terms and applicable laws.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.
- Trademarks and Other Intellectual Property Rights: A product or service branded with the NextLevel name or logo is a reflection of NextLevel. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.
Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at firstname.lastname@example.org a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.
- Repeat Infringer Policy: NextLevel has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at NextLevel’s sole discretion. NextLevel may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of NextLevel or other Users.
- Designated Copyright Agent:
Legal Department, NextLevel
Email ID: email@example.com
- Communications: When you visit the Platform, you are communicating with us electronically. You may be required to provide a valid phone number while creating any account with us or while enrolling or purchasing any Services. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. By providing your information you authorize NextLevel, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by email, telephone calls, or such other mode of communication with respect to your use of the Platform and regarding the products and services offered by NextLevel and its affiliates. These communications may be made by or on behalf of NextLevel, even if your phone number is registered on any state or federal do not call list. Telephone calls may be recorded. You acknowledge that your telephone operator and/or internet service provider may have levied certain charges on you vis-à-vis your communications with NextLevel as it constitutes availing their services, and you agree to be responsible for all such charges, and NextLevel will not be responsible for any such charges. Do not submit your information if you do not consent to being contacted by telephone, text, email or such other mode of communication. Further, you will always have an option to unsubscribe / opt out from any promotional communications sent by NextLevel and / or its affiliates either by following the relevant instructions that may be communicated via text, email or such other mode of communication in which you received a promotional communication or by disabling the options provided within your account on the Platform.
Please note that –
- If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the option enabled within the Platform (if available); and
- We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent.
Further, in respect of interactions between Users - NextLevel is only an intermediary and does not monitor any of the interactions that take place between Users on the Platform, but if NextLevel receives from any User a complaint of misconduct against you, in any form, or if NextLevel otherwise deems necessary, NextLevel reserves the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.
You acknowledge that any User-generated Content (including without limitation any Content Provider Content, chats, postings, or materials posted by the Users) posted by you on part of the Platform, is neither endorsed nor controlled by us. You further understand and agree that you shall be solely responsible for any User-generated Content published by you on the Platform, including its legality, reliability, accuracy, and appropriateness, and shall be solely liable for the consequences of its publication. You represent and warrant that you own and control all rights in and to any User-generated Content uploaded by you on the Platform, or that you have the necessary licenses or permissions or are legally entitled to use and reproduce such User-generated Content on the Platform.
- Feedback: If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants NextLevel and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Users shall have no intellectual property right in the Platform as a result of NextLevel’s incorporation of their Feedback in the Platform.
- NextLevel’s Rights: In respect of the entire Platform, NextLevel reserves the following rights:
- NextLevel reserves the right to put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements.
- NextLevel reserves the right to remove you and/or the User-generated Content without notice if you violate any provisions of the Platform Terms.
- NextLevel may modify, terminate, or refuse to provide Services at any time for any reason, without notice.
- Notwithstanding anything contrary stated in the Platform Terms, in its sole discretion, NextLevel may remove anyone from the Platform at any time for any reason.
- NextLevel reserves the right to access your account and/or the User-generated Content in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in NextLevel’s discretion.
- NextLevel has no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if NextLevel receives notice or becomes aware of, any violation of the Platform Terms, then, NextLevel reserves the right to refuse your access to the Platform, terminate accounts or remove such violating content at any time without notice to you.
- Platform Availability: Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that NextLevel will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
- Deletion of Account: As a Candidate, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). With respect to a Company Partner, a Company Page Admin may delete the Company Partner’s account by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer have access to your account on the Platform and your User-generated Content may no longer be available; any deletion once processed is irrecoverable. NextLevel is not responsible for the loss of your information and/or User-generated Content upon deletion and NextLevel shall not be liable to any party in any way for the inability to access User-generated Content arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it or otherwise terminated in accordance with the Platform Terms.
If you are a Company Partner, your access and use of the Platform may be subject to a separate agreement with NextLevel and shall be collectively governed by the Company Partner-Terms and Conditions, the Terms of Service and other Platform Terms.
- Disclaimer: YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTLEVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, NEXTLEVEL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS NEXTLEVEL IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. NEXTLEVEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER-GENERATED CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEXTLEVEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALLNEXTLEVEL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT NEXTLEVEL, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR NEXTLEVEL PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NEXTLEVEL PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR NEXTLEVEL PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEXTLEVEL PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXTLEVEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, NEXTLEVEL AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE NEXTLEVEL PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTELEVEL SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE NEXTLEVEL PLATFORM IS CONTROLLED AND OFFERED BY NEXTLEVEL AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. NEXTLEVEL MAKES NO REPRESENTATIONS THAT THE NEXTLEVEL PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE NEXTLEVEL PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- Indemnity and Release: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NextLevel, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the NextLevel Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your use of the Platform caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the NextLevel Platform.
You hereby expressly release NextLevel, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of NextLevel, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
- OFAC (Office of Foreign Asset Control): You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury 's Office of Foreign Asset Control ("OFAC "), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a "Specially Designated National and Blocked Person ", terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a ("Prohibited Person "); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with NextLevel, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
- California Civil Code Section 1789.3: Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org.
- Applicable Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.
- General Provisions:
- Legal Notices: In the event of any other disputes or claims arising from the use of the NextLevel Platform, please get in touch with us at email@example.com.
- Modification, Amendment or Termination: NextLevel may, in its sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
- Force Majeure: NextLevel shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
- Miscellaneous: If any part of the Agreement is found to be unlawful, void or unenforceable, that part of the Agreement will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of NextLevel. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Contact for User Support/Queries:
For queries relating to Services offered by NextLevel please write to us at firstname.lastname@example.org.
- Consumer Grievances:
Nodal Officer Details –
Name: Tony Mathew (Legal Department)
Grievance Officer Details –
Name: Abhyudaya Rana
- Contact Us:
If you have concerns or queries regarding the Platform Terms, you may write to us by email at email@example.com by post to:
- Sorting Hat Technologies Pvt Ltd
Maruti Infotech Centre, 3rd Floor,
A-Block, Domlur, Koramangala Inner Ring Road,
Bangalore- 560 071, Karnataka, India.
24. INFLUENCER PROGRAM - TERMS AND CONDITIONS
Welcome to the NextLevel Influencer Marketing Program (“Influencer Program(s)”) of and by M/s Sorting Hat Technologies Private Limited (collectively referred to as “us” “we” “NextLevel”).
These Terms (defined below) govern the relationship between persons (referred to as “you”, your(s)”, “Influencer(s)”) who have agreed to, or are interested in, promoting and/or marketinghttps://www.nextlevel.app/and/or the NextLevel Apps and/or their features, content, Users(s) (referred to as “NextLevel Platform”). The Influencer and NextLevel shall be collectively referred to as “Parties” and individually as a “Party”.
NextLevel may, at its discretion, periodically update these Influencer Terms. NextLevel might also choose to replace these Influencer Terms in their entirety if, for example, the Influencer Program changes, ends, or becomes part of an existing program. If we update or replace the Influencer Terms, we will let you know via electronic means, which may include an in-app notification on the NextLevel Platform and/or by email.
Please read these Influencer Terms carefully and thoroughly as they will govern the relationship between Influencers and NextLevel. By accessing these Terms and, if required, by executing an SOW (defined below) you agree to be bound by these Terms (the “Influencer Agreement”).
- STATEMENT OF WORK
These Terms shall govern the principal terms and conditions of the engagement between the Parties while the details of the activities may be agreed upon and executed through individual SOWs.
The SOWs may be executed periodically, and the terms and conditions of the SOWs shall be binding on both Parties and shall constitute an integral part of the Influencer Agreement.
In the event of any conflict or inconsistency of terms or conditions between an SOW, the Influencer Terms, and/or the Platform Terms, then the terms or conditions shall prevail in the following order of precedence: (i) SOW; (ii) Influencer Terms, and (iii) Platform Terms, unless expressly specified otherwise.
An Influencer may be engaged by NextLevel to undertake/execute the Influencer Program through such Influencer’s independently owned channels and mediums which may include, offline channels and mediums such as offline lectures/seminars, coaching centers, shops, companies, proprietorships, and partnerships, etc. and online channels and mediums such social media handles, websites, YouTube channels, etc. (collectively “Influencer Channels”) or NextLevel’s independently owned channels and mediums (“NextLevel Channels”) or the NextLevel Platform. The ownership and, consequently, the liability towards any content, information and details in the Influencer Channels and any other content created and /or owned by the Influencer including without limitation, books, notes, tests (collectively “Influencer Content”) shall be that of the Influencer alone.
The nature of engagement (“Engagement”) including the mode of implementation or execution of the Influencer Program may be as agreed via an SOW executed between the Parties. Further details of the engagement such as payment terms and conditions, license period, minimum number of deliverables, frequency and duration shall be as provided in the SOW. In an SOW, NextLevel and an Influencer may mutually agree to execute the Influencer Program inter aliathrough (a) integration of the NextLevel brand and NextLevel Platform through Influencer Channels and Influencer Content; (b) conducting promotional activities such as online and offline events such as seminars, webinars, etc. social media promotions, promotions on third party websites; (c) engaging such Influencer as campus ambassador to promote the NextLevel brand and NextLevel Platform in colleges or schools; and/or (d) display the Branding (defined herein) and Codes (defined herein) on Influencer Channels and Influencer Content. In certain cases, NextLevel may also require the Influencer to use creatives material including banners online and offline, flex-boards, hoarding, name boards etc. approved by NextLevel, with the Branding (defined herein) and subject to the brand guidelines, as communicated from time to time, by NextLevel.
The Influencer represents and warrants that it has the requisite permits, licenses, and authorizations to carry out the Engagement. The Influencer agrees and accepts that all the Engagements under the Influencer Program shall be carried out in accordance with applicable laws, guidelines, and regulations, including, in conformity with the terms and conditions of the relevant platform, social media channel, website wherein the Engagements are being carried out. It is clarified that it is the responsibility of an Influencer to ensure all requisite compliances are met and all licenses are obtained. NextLevel shall at no point of time be required to do the same on behalf of the Influencer and further disclaims any liability arising out of any non-compliance on part of the Influencer in this regard.
The Influencer further represents, warrants, and covenants that the Influencer Content does not and will not contain any third-party copyrighted material or material that is subject to other third-party proprietary rights unless the Influencer has necessary permissions from the rightful owner of such content to use and disseminate such content or is otherwise legally entitled to post such content.
Furthermore, the Influencer confirms that the Influencer Content shall not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) defamatory, unlawfully threatening or unlawfully harassing; (e) obscene or contain pornography; or (f) contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- GRANT OF LICENSES
NextLevel grants to the Influencer, a non-exclusive, non-sub-licensable, non-transferable, and revocable license to use the NextLevel logo, and wordmark (“Branding”) for the term as may be set out in the SOW in the territory of India for the purpose of the Engagement. The Influencer agrees to use the Branding only in accordance with the terms and conditions set out herein and in the SOW.
The Influencer will use the Branding on an ‘as-is’ basis, in accordance with the policies, brand-usage guidelines, placement, size, formats, dimensions, style, standards, directions, and any other specifications, which may reasonably be stipulated by NextLevel from time to time, including but not limited to the specifications set out in the brand guidelines communicated by NextLevel including through the SOW. The Influencer shall not have the right to modify, edit, adapt or alter the Branding in any manner.
The Influencer acknowledges the validity of the Branding, NextLevel’s ownership, rights, title, and interest in the Branding. The Influencer agrees that the benefit and goodwill associated with the use of the Branding by the Influencer will ensure entirely to and for the benefit of NextLevel. Should any right, title, or interest in or to the Branding or any part thereof or any copyright or trademark related thereto become vested in the Influencer, the Influencer will hold the same in trust for NextLevel and will, at the request of NextLevel forthwith and unconditionally assign any such right, title or interest to NextLevel.
The Influencer will cooperate with NextLevel for the purpose of protecting, preserving, and enhancing the Branding and NextLevel’s interest in the same, and in furtherance of such obligations, the Influencer will promptly execute and deliver to NextLevel all documents and instruments that NextLevel, acting reasonably, may request and as may be determined to be necessary or prudent from time to time. The Influencer will not by itself and will not assist, permit, or encourage any third party to (a) attack or challenge the validity, ownership, or enforceability of the Branding, any registrations for any of the trademarks, including the Branding, or NextLevel’s rights relating to the trademarks in any such registrations (b) claim, use, or apply to register, record, or file any trademark, trade name, business name, corporate name, domain name, social media username, email address, metatag, Ad-words or similar search term, copyright, or design that is identical with, confusingly similar to, clearly derived from or based on or that includes the Branding or any of the trademarks, or (c) use the Branding in a manner which is likely to depreciate or cause material harm to the goodwill attached to the Branding or to the reputation of NextLevel.
The Influencer agrees that any Influencer Content created by the Influencer as a part of an independently executed SOW shall be licensed exclusively to NextLevel for the term of the SOW unless specified otherwise, further any such Influencer Content that is licensed to NextLevel may be exploited by NextLevel for use on the NextLevel Channels, NextLevel Platform or in any other medium it deems appropriate.
- ELIGIBILITY AND ACCESSES
NextLevel may reach out to you directly for the purpose of being on-boarded as an Influencer, or you may choose to reach out to NextLevel for the same. NextLevel has its own internal selection parameters, policies, and eligibility criteria to be an Influencer on the NextLevel Platform and NextLevel does not at any point in time guarantee that any applications or requests to be on-boarded as an Influencer shall be accepted.
To be an Influencer on the NextLevel Platform you shall be required to meet the eligibility criteria and Age Requirements and the terms and conditions provided under the section on “Right to Access and Account Creation” as provided on the Platform Terms. Further, you shall also be required to submit the Know Your Customer (KYC) documents as requested by NextLevel, and failure to submit the same shall be sufficient grounds to reject the onboarding or even termination of your engagement as an Influencer if already on-boarded.
Once an Influencer has been successfully on-boarded, a unique referral code may be generated by NextLevel for the Influencer (“Referral Code”) and/or a specific QR code (“QR Code”) (collectively referred to as Code(s)) that allow NextLevel to attributes: (a) the revenue generated by NextLevel through the Influencer; and/or (b) traction gained on the NextLevel Platform on various parameters (as may be detailed out in the SOW); to an Influencer.
As an Influencer, you may be required to display, market, and promote the Code in the marketing and promotion structure/plan in the SOW, including displaying the Code through creatives on the respective Influencer Channels. The use of the Code shall be governed by these Influencer Terms.
Only subscriptions purchased, or another traction achieved on the NextLevel Platform using the Code shall be considered for the purpose of payments unless specified otherwise. Any failure on the part of any User to enter/use the Code at all or use the correct Code attributable to the Influencer, shall not be the responsibility/liability of NextLevel. Further, any failure on Influencer’s part to display the correct Code shall not be the responsibility/liability of NextLevel. Subscriptions that have been availed using the Code and then canceled at the request of a User shall not be counted for the purpose of payments that may have been agreed to be paid to an Influencer. In the rare and exceptional event that NextLevel is required to initiate a refund to the User for any subscription availed using the Code, the same shall not be accounted for at the time of making any pay-outs to the Influencer. If there is a refund / EMI default on a later date, the Incentive will be adjusted/recovered from the future pay-outs due to the Influencer, if any.
- PAYMENT AND CONSIDERATION
The payment terms for the Engagements under the Influencer Programs shall be subject to the terms and conditions herein and the specific terms and conditions set out in the relevant SOW. All payments shall be made subject to the completion of the deliverables and on actuals. NextLevel reserves the right to withhold payment, in the event the deliverables (a) are incomplete (b) are performed in a manner not to the satisfaction of NextLevel or in the manner mutually agreed between the Parties in the SOW; (c) breach of any of the representations, warranties, covenants and obligations in the Terms.
The payment and consideration structures shall include, without limitation, the following (including combinations thereof):
1. Incentive Based pay-out
Influencers may be paid in the form of incentives, on the basis of the revenue generated using the Code. The incentive payment or Code-based payment shall be subject to the terms and conditions set out herein. The incentive payments shall be calculated and structured on the basis of the incentive structures agreed upon in the SOW.
2. Traction Based pay-out
Influencers may be eligible for traction-based payments on the basis of the number of clicks, activations, and site visits on the Platform, which shall be attributed to the Influencers on the basis of their Codes or the use of specific links that shall be created specifically for them for the purpose of the Engagement. Traction-based pay-out can also be dependent on the traffic of users or subscribers on the NextLevel Platform from the channels, websites and other online mediums owned and operated by the Influencers.
3. Fixed pay-out
Subject to mutual agreement between the Parties, the Influencer may be eligible for a fixed pay-out on the basis of the specific deliverables that are communicated to them in the SOWs.
- OTHER TERMS AND CONDITIONS:
The terms and conditions of the SOW and all information supplied in connection with the SOW shall be kept confidential by the Parties hereto and shall not be disclosed by either Party to any third party except as may be required by any law, rule, regulation, court order or governmental procedure, and except on need-to-know basis to each Party’s employees, accountants, auditors, investors, lenders and legal counsel of each Party.
Influencer agrees that Influencer will not make any statements or ask, encourage or abet anyone else to make any statement, whether written, oral, electronic (whether on social media or other forms of electronic communication), or otherwise, which are negative or disparaging NextLevel, any of the members of the NextLevel, its officers, directors or employees and that he will not encourage or induce others to disparage NextLevel, any of NextLevel’s officers, directors or employees. The Influencer further undertakes that the Influencer will not at any time, do any of the above-mentioned acts which might prejudice the goodwill and reputation of NextLevel
- Representation and warranties
The Influencer represents and warrants and undertakes that:
- if not an individual, it is duly organized and validly existing and in good standing under the laws of the jurisdiction of its organization.
- it has the full power and is duly authorized to enter and accept the Influencer Terms, and to carry out and otherwise perform its obligations hereunder.
- the obligations and deliverables are binding on it and so far, as it is aware, the entry into, the execution and delivery of, and the carrying out and other performance of its obligations under the Influencer Terms, does not conflict with or contravene or constitute any default under, any agreement, instrument or understanding, oral or written, to which it is a party, including, without limitation its certificate of incorporation or by-laws, as applicable.
- that the execution, delivery, the performance of the deliverables does not and will not result in a breach of or constitute a default under any agreement, license, permit, or other instrument or obligation to which it is a party.
- it shall not use any of the confidential information provided herein for any other purpose other than as provided herein.
The Influencer hereby agrees to indemnify and holds harmless NextLevel including, where applicable, its affiliates, directors, officers, employees, and agents (each such party being an "Indemnified Party ") harmless from and against, and agree to be liable for, any and all losses, claims, actions, suits, proceedings, damages, liabilities or expenses of whatever nature or kind, incurred by the Indemnified Party that arises out of (i) breach of any of Influencer’s obligations, covenants or representations and warranties under this Influencer Agreement and relevant SOW or (ii) Violation of any applicable laws; or (iii) Infringement of any third party intellectual property rights; and/or (iv) any misconduct or negligence on part of influencer in rendering the services under this Influencer Agreement and relevant SOW
- Term and Termination:
- The term/period of the Engagement shall be as set out in the SOW.
- Either Party may terminate the Influencer Agreement in accordance with the terms of the SOW.
- If the Influencer breaches any terms of the Influencer Terms or is involved in any of the following activities (“Cause”), NextLevel shall have a right to immediately terminate the Influencer Agreement with respect to the relevant Engagement (details of which shall be as set out in the SOW) and any other agreements that NextLevel may have entered into with the Influencer or without limitation any representative, employee, director, contractual hire, an affiliate of the Influencer:
- misrepresenting facts/information provided by NextLevel;
- communicate inflated/discounted offerings to the Users;
- Depending on the severity of the issue and at its discretion, NextLevel may choose not to terminate the Influencer Agreement in case of any Cause event and may instead impose penalties or waive off the requirement of penalties with a warning(s). Separately, NextLevel may also restrict the access of the relevant Influencer to the NextLevel Platform in any such scenario. Upon termination for Cause, NextLevel reserves the right to withhold payments, and revenue shares.
- Consequencesof Termination
- In the event of termination by NextLevel, the Influencer shall refund any amounts paid thereto by the NextLevel including any amount paid in advance under the SOW, and the NextLevel shall not be liable to pay any amounts to the Influencer
- Termination of this SOW shall not relieve either party of any obligations accrued prior to such termination, save and except any payment obligation of the NextLevel if the termination is due to breach by the Influencer. NextLevel shall be responsible to pay the agreed consideration under the SOW to the extent of completion of the deliverable(s) on a prorated basis.
- Limitation of Liability and No Warranties:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXTLEVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES RENDERED THROUGH THE PLATFORM (II) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXTLEVEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS, AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, NEXTLEVEL LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE SERVICES THROUGH THE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTLEVEL SHALL NOT BE LIABLE FOR CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED "AS IS "AND NEXTLEVEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Amendment &Waiver: NextLevel reserves the right to make changes to these Influencer Terms at any time by posting the revised terms. To the maximum extent permitted by law, your continuing with any Engagement or continuing to participate in the Influencer Program, following any changes, will constitute your acceptance of such changes. If we update or replace the Influencer Terms, we will let you know via electronic means, which may include an in-app notification on the NextLevel Platform and/or by email.
- Notice: All notices and other communications given or made pursuant to the Influencer Terms shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the Party to be notified, or (b) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day, or (c) 5 days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (d) 1 day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications shall be sent to the address and emails mentioned in the SOW or as exchanged between the Parties.
Otherwise, all communication to NextLevel shall be sent to the following details:
Maruti Infotech Centre, 3rd Floor, A-Block,
Domlur, Koramangala Inner Ring Road, Bangalore- 560 071
- No Agency: The relationship between Parties shall be on principal to principal basis, and nothing in this Terms makes either Party the agent or legal representative of the other Party for any purpose.
Governing Law and Dispute Resolution: Any dispute or claim arising from or relating to these UAP Service Terms or the SOW is subject to the governing law, disclaimer of warranties and limitation of liability, any binding arbitration, and all other terms as mentioned in the Platform Terms.