Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the OVERDUE website at www.overdue.in, its sub-domains, mobile applications and all related services (together, the “Platform”). The Platform is owned and operated by Fairrate Technologies Private Limited, a company incorporated under the Companies Act, 2013, with CIN U62099MH2026PTC473507 and its registered office at 1202 Eden Woods, Shastrinagar, Lokhandwala, Andheri (West), Mumbai – 400053, Maharashtra, India (“OVERDUE”, “we”, “us”, “our”).

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it. They’re generated by a computer system and don’t need a physical or digital signature. We publish them in line with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the “Intermediary Rules”).

You accept these Terms when you create an account, tick the box confirming acceptance, or use the Platform, whichever happens first. If you don’t agree, please don’t use the Platform.

These Terms include our Privacy Policy, our Fee Schedule at www.overdue.in/pricing, and any feature-specific rules we show you when you use a feature (together, the “Policies”). If a Policy conflicts with these Terms, these Terms prevail unless the Policy expressly says otherwise.

If you accept these Terms for a company or other organisation, you confirm that you’re authorised to bind it, and “you” includes that organisation.

You must be at least 18 years old and competent to contract under the Indian Contract Act, 1872. We don’t allow accounts for anyone under 18, including accounts managed by a parent or guardian. If we learn that a user is under 18, we’ll close the account.

Brands may use the Platform only for business purposes, i.e. to buy promotional services for a business, product, service or brand. The Platform isn’t intended for personal or household purchases.

You may not use the Platform if we’ve previously suspended or terminated your account (unless we’ve agreed in writing), or if any applicable law prohibits you from doing so.

A talent manager or agency may operate a Creator’s account only with the Creator’s written authority. They must show us that authority if we ask. The talent manager or agency and the Creator are jointly responsible for everything done through that account. We may offer dedicated agency accounts in future on additional terms.

You must give accurate, complete and current information when you register, and keep it up to date. Each person or business may hold one account per role unless we agree otherwise.

You’re responsible for keeping your login details confidential and for all activity on your account. If you suspect unauthorised access, tell us immediately at info@overdue.in.

Verification (KYC). Before receiving payouts, Creators must provide their PAN and bank account details. Brands must provide their GSTIN (where GST-registered) and billing address. We may verify these details ourselves or through service providers. We may hold back bookings, payments or payouts until verification is complete.

Connected accounts. You can connect your Instagram, YouTube or other social media accounts through those platforms’ official interfaces. When you do, you authorise us to access and store the data those platforms make available to us, as our Privacy Policy describes, and to refresh it periodically. You can disconnect at any time. Your use of those platforms is still subject to their own terms. If you use YouTube-connected features, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

Manually entered statistics. If you enter follower, engagement, reach or audience figures yourself, you confirm they’re true, current and not inflated. You agree to give us screenshots or other evidence if we ask.

Verification badges. We may award a verification badge after reviewing a Creator’s account and audience data. A badge means we carried out the checks described on the Platform at that time. It isn’t a guarantee of a Creator’s audience, performance or conduct, and we may remove it at any time.

OVERDUE is an online marketplace. We provide the technology that lets Brands and Creators find each other, agree terms, sign agreements, pay and deliver, and we charge the Service Fee for this. We’re an “intermediary” as defined in the Information Technology Act, 2000.

Each Deal is a contract between the Brand and the Creator. We’re not a party to the Collaboration Agreement, except to the extent these Terms say so. We don’t act as the agent, employer, talent manager or representative of either side, except as limited payment collection agent under clause 10.2.

Creators are independent businesses. Nothing in these Terms or in any Deal creates a relationship of employment, partnership, joint venture or agency between a Creator and OVERDUE. The same applies between a Creator and a Brand, unless the Collaboration Agreement says otherwise.

We don’t guarantee that any Creator will be booked, that any Brand will find a suitable Creator, or that any campaign will reach a particular audience or produce particular engagement, sales or returns. We don’t pre-screen User Content and aren’t responsible for it. We may still review, moderate or remove it under these Terms.

We provide the Collaboration Agreement template as a standard form for your convenience; it isn’t legal advice. You’re free to take your own advice before accepting a Deal.

The Platform includes OVERDUE’s pricing engine (the “Pricing Engine”). It produces Engine Outputs from inputs such as:

1. (a)a Creator’s follower counts, engagement, content format, platform and audience demographics; and
2. (b)a Brand’s industry and the business details it enters.

The Pricing Engine is rule-based: the same inputs always produce the same outputs, and the Platform shows you the breakdown behind each figure. Engine Outputs are estimates and recommendations only. They aren’t a valuation, a quote from OVERDUE, financial or investment advice, or a promise of any result. Actual campaign outcomes depend on many factors outside our control.

Engine Outputs are only as reliable as the data behind them. Self-reported, incomplete or out-of-date inputs make them less reliable. Where this is relevant, the Platform shows a confidence indicator.

Brands and Creators are free to agree any Creator Fee. A recommended rate is a starting point for negotiation, not a floor or a cap.

We may change the Pricing Engine’s methodology, constants and weightings at any time, including by recalibrating it with aggregated, de-identified data from Deals completed on the Platform. These changes may alter Engine Outputs, including rates shown on Storefronts. They don’t affect the Creator Fee of a Deal that has already been accepted.

The Pricing Engine, its methodology, constants, weightings, personas and output formats are OVERDUE’s confidential information and intellectual property. You may share your own rate card, media kit and Engine Outputs about yourself or your own campaigns. You must not reproduce, reverse-engineer, systematically extract or benchmark the Pricing Engine. You also must not use Engine Outputs to build or train a competing product, dataset or model.

Each Creator gets a Storefront at a public web address (for example, overdue.in/c/[handle]). Search engines may index it, and you can share it anywhere.

Some Storefront information is always public while your Storefront is live: your display name, handle, profile photo, niche and connected platforms. Your privacy settings let you choose who sees other information, such as your rates, audience demographics summary, engagement figures and portfolio. It can be public, visible only to logged-in Brands, or visible only to Brands you have a Deal with. Brand discovery relies on some of this data, so hiding it may mean fewer Brands find you.

Rate cards and media kits shared from the Platform carry “Powered by OVERDUE” branding. Please don’t remove it.

Reviews. After a Deal closes, the Brand and the Creator may review each other. Reviews must be honest, be based on the Deal, and comply with clause 19. You must not offer or accept anything in return for a review, review yourself, or pressure anyone to change a review. We don’t remove reviews just because they’re negative, but we may remove or decline to publish reviews that break these Terms. If the author of a review closes their account, the review stays on the Platform with the author’s name removed.

Brands may use information about Creators obtained through the Platform only to evaluate, book and manage Deals on the Platform. It must not be copied, exported, compiled or disclosed for any other purpose.

Briefs and Offers. A Brand may post a Brief for Creators to apply to, or send an Offer directly to a Creator. Every Offer sets out the Deliverables, Creator Fee, deadlines, number of revisions, usage rights, any exclusivity, and any other terms the Platform supports.

Negotiation. A Creator may accept, decline or counter an Offer. Only terms agreed through the Platform’s Offer flow form part of a Deal. Side arrangements made in chat or elsewhere don’t.

Acceptance. A Deal is formed when the Brand and the Creator have both accepted the same final Offer on the Platform. The Platform then generates the Collaboration Agreement, which both parties accept electronically.

Funding. The Brand must pay the full Deal amount into Escrow within 3 days of acceptance, or the Deal lapses. The Creator should not start work until the Deal shows as Funded. We aren’t responsible for work done before a Deal is Funded.

Statuses. Each Deal moves through statuses shown on the Platform: Offered → Negotiating → Accepted → Funded → In production → Delivered → Approved → Paid → Closed. A Deal may also become Disputed or Cancelled.

Which terms apply. On matters between the Brand and the Creator, such as Deliverables or usage rights, the Collaboration Agreement prevails over these Terms. On matters involving OVERDUE, these Terms prevail. Those matters include fees, payments, Escrow, disputes, non-circumvention and platform rules.

Records. The Platform records every status change with a timestamp and the identity of the user who made it. Unless there’s clear evidence to the contrary, these records are proof of what happened in a Deal.

Creators. It’s free for Creators to join, list, receive Offers and complete Deals. Creators receive 100% of the agreed Creator Fee, less only:

1. (a)taxes we’re legally required to deduct or collect (clause 10.8); and
2. (b)fees for optional services the Creator chooses, such as instant payout (clause 10.6).

Brands. For each Deal, the Brand pays OVERDUE a Service Fee of 15% of the Creator Fee, plus applicable GST on the Service Fee. The Service Fee, the GST and the total payable are all shown at checkout before you pay.

Optional services. We may offer optional paid services such as featured listings, promoted Briefs and verification. Their prices are shown in the Fee Schedule or where you buy them.

Changes. We may change our fees with at least 30 days’ notice by email or in-app message. Fee changes don’t affect Deals already accepted.

Invoices. OVERDUE issues the Brand a GST-compliant tax invoice for the Service Fee. Invoicing of the Creator Fee is covered in clause 10.9.

Payment Partner. Payments on the Platform are processed by our Payment Partner, an RBI-authorised payment aggregator. Escrowed funds are held by the Payment Partner in an escrow or nodal account with a scheduled commercial bank, as the Reserve Bank of India requires. OVERDUE doesn’t hold these funds in its own accounts. The Payment Partner’s own terms also apply to your use of its services.

Limited payment collection agent. Each Creator appoints OVERDUE as its limited payment collection agent, solely to receive the Creator Fee from the Brand through the Payment Partner. Once the Brand’s payment is received into Escrow, the Brand’s obligation to pay the Creator Fee is discharged. From then on, the Creator’s right to payment is against the Escrowed funds, which are released under these Terms.

What the Brand pays. At checkout, the Brand pays:

1. (a)the Creator Fee;
2. (b)GST on the Creator Fee, if the Creator is GST-registered and charges it;
3. (c)the Service Fee; and
4. (d)GST on the Service Fee.

Payments are made in Indian Rupees by UPI, card, net banking or any other method the Payment Partner supports.

Release. Escrowed funds are released to the Creator when any of these happens:

1. (a)the Brand approves the Deliverables;
2. (b)the Review Window in clause 11.3 ends without the Brand approving, requesting a permitted revision or raising a dispute; or
3. (c)a dispute is resolved in the Creator’s favour under clause 13.

Payout timing. Released funds are paid to the Creator’s verified bank account, usually within 3 business days of release. Timing depends on the Payment Partner’s settlement cycles, bank processing and completed KYC.

Instant payout. Where we offer it, a Creator may choose instant payout for a fee of 2% of the payout amount. The fee is deducted from the payout.

Holds. We may delay a release, payout or refund if:

1. (a)a dispute is open;
2. (b)we reasonably suspect fraud, fake engagement or a breach of these Terms;
3. (c)KYC is incomplete; or
4. (d)a court, regulator or law requires it.

We’ll tell you why, unless the law prevents us.

Taxes. Each party is responsible for its own taxes, including the Creator’s income tax and any GST on the Creator Fee.

1. (a)As an e-commerce operator, OVERDUE may be required to deduct tax at source under the Income-tax Act, 2025, or collect tax at source under the Central Goods and Services Tax Act, 2017. Where it is, we’ll deduct or collect the tax from the amount released to the Creator, deposit it with the government, and make the relevant certificates or statements available.
2. (b)Brands are responsible for any tax-deduction obligations the law places on them. Please contact us before deducting anything from a Deal payment, so that tax isn’t deducted twice on the same transaction.

Creator invoices. The Platform may generate an invoice from the Creator to the Brand for the Creator Fee, using the details the Creator provides. The Creator is responsible for the accuracy of those details and for the invoice’s tax treatment.

Chargebacks. If a Brand reverses or disputes a card or bank payment after funds have been released, the Brand remains liable for the full amount. We may recover it, suspend the Brand’s account and pass on any costs.

Submission. The Creator submits Deliverables through the Platform by the agreed deadlines. If the Deal includes a draft stage, the Creator submits a draft for approval first. Once the content is published, the Creator submits the live post URL(s) as proof of delivery.

Revisions. The Brand may request revisions to drafts, up to the number agreed in the Deal. Revisions must stay within the agreed Brief and cannot add new scope. Once a post is live, the Brand may request changes only to fix a factual error, a missing disclosure label, or a clear departure from the approved draft.

Review Window. Once the Creator marks the Deliverables as Delivered, the Brand has 7 days (the “Review Window”) to approve them, request a permitted revision or raise a dispute. If the Brand does none of these, the Deliverables are treated as approved and the funds are released.

Live period. Unless the Deal says otherwise, the Creator must keep each published post live, and unedited except for agreed corrections, for at least 90 days. This doesn’t apply to stories and other formats that expire by design.

Performance data. After publication, the Creator shares performance metrics, such as views, reach, likes, comments and link clicks, through connected accounts. Where that isn’t possible, the Creator uploads screenshots instead. The Creator confirms that any metrics provided manually are accurate.

Before funding. Either party may withdraw before a Deal is Funded, at no charge.

After funding, before production. If a Deal is cancelled after it’s Funded but before the Creator marks it In production or submits any draft, the Brand receives a full refund of the Creator Fee, the Service Fee and GST.

If the Creator cancels or doesn’t deliver. If the Creator cancels a Funded Deal, or hasn’t submitted the Deliverables within 3 days after the agreed deadline, the Brand may cancel the Deal and receive a full refund. Repeated cancellations or non-delivery may lead to suspension.

After production starts. Once a Deal is In production, it can be cancelled only by agreement between the parties on the Platform, or through the dispute process in clause 13. Any refund of the Creator Fee is as the parties agree or as decided under clause 13. The Service Fee is refunded in the same proportion as the Creator Fee.

After approval. Once Deliverables are approved (including by the Review Window expiring), payment is final and no refund is available through the Platform.

Refund timing. Refunds are made to the original payment method, usually within 5–7 business days of the refund decision. When the money reaches you depends on your bank or card issuer.

Raising a dispute. Either party may raise a dispute on a Funded Deal before funds are released. A Brand must raise its dispute within the Review Window. Once a dispute is raised, the Escrowed funds are frozen.

Try to resolve it first. The parties should first try to settle the dispute in the Deal’s chat within 3 business days.

OVERDUE review. If the dispute isn’t settled, either party may ask us to review it. We’ll consider the Deal terms, the Brief, the chat history, the Deliverables and any evidence either side provides. We aim to decide within 10 business days of receiving everything we need. We may release all funds to the Creator, refund all funds to the Brand, or divide them between the two.

What our decision means. We act in good faith on the information available to us. Our decision binds both parties on what happens to the Escrowed funds. It doesn’t stop either party from pursuing its other legal rights against the other. We aren’t an arbitrator. We aren’t liable for the outcome of a dispute review, except for our own fraud, gross negligence or wilful misconduct.

Every Deal, Offer and Brief application has its own chat thread. Please keep your Deal communications on the Platform. It protects both sides if a dispute arises.

Until a Deal is Funded, the Platform automatically masks or blocks phone numbers, email addresses, social media handles and similar contact details in messages. Please don’t try to get around this, for example by spelling details out, using images, or sharing links that lead to contact details.

We may review messages where needed to resolve a dispute, investigate fraud or abuse, enforce these Terms, respond to a support request or comply with the law. Our Privacy Policy explains how.

Introduction. A Brand and a Creator have an “Introduction” when they first interact through the Platform. This happens when:

1. (a)the Brand invites the Creator or sends the Creator an Offer;
2. (b)the Creator applies to the Brand’s Brief;
3. (c)either of them messages the other; or
4. (d)they enter into a Deal.

Twelve months. For 12 months after the later of their Introduction and the completion or cancellation of their most recent Deal, the Brand and the Creator agree:

1. (a)not to arrange, pay for or provide paid promotional services with each other outside the Platform; and
2. (b)not to take any other step to avoid the Service Fee, including paying through another person or entity, or asking the other party to do so.

Conversion fee. If a Brand pays a Creator for promotional services outside the Platform in breach of clause 15.2, whether directly or indirectly, the Brand must pay OVERDUE a conversion fee. The fee equals the Service Fee that would have applied had the payment gone through the Platform, which is 15% of the amount paid, plus GST. It’s payable within 15 days of our invoice. Creators are never charged a conversion fee.

Moving off OVERDUE openly. The Platform exists to make working together easier, not to stop it. If a Brand and a Creator want to work together outside the Platform during the 12-month period, the Brand can tell us at info@overdue.in and pay the conversion fee for that engagement upfront. After that, they’re free to go ahead.

Pre-existing relationships. This clause doesn’t apply if the Brand and the Creator had a documented commercial relationship before their Introduction. Either party can tell us about it, with reasonable evidence, at any time.

Other consequences. Going around the Platform, or helping anyone else do so, is a breach of these Terms. We may suspend or terminate the accounts involved. Escrow protection and dispute resolution won’t be available for any related work.

This clause 15 continues to apply for the rest of the 12-month period even if your account is closed.

Doing the work. Creators must deliver the Deliverables as agreed, on time and with reasonable skill and care, and must tell the Brand promptly about any delay.

Original, cleared content. Deliverables must be the Creator’s own original work or properly licensed. They must not infringe anyone’s intellectual property, privacy or publicity rights. Unless the Brand has agreed to supply them, the Creator must obtain every permission needed for music, footage, images, trademarks, locations and people appearing in the content.

Advertising disclosures. Creators must comply with all of the following:

1. (i)the Advertising Standards Council of India’s Guidelines for Influencer Advertising in Digital Media;
2. (ii)the Central Consumer Protection Authority’s Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, and its endorsement guidance for influencers;
3. (iii)the Consumer Protection Act, 2019; and
4. (iv)the rules of the platform where they publish.

In particular, Creators must:

1. (a)place a clear, prominent disclosure label, such as #Ad, #Sponsored, #Collab or #Partnership, on every Deliverable, positioned so the audience can’t miss it;
2. (b)disclose any free product, gift or other benefit received;
3. (c)endorse only products or services they have actually used or experienced, where the guidelines require it; and
4. (d)not make claims that the Brand hasn’t substantiated.

Regulated topics. Content about health, nutrition, finance, investments, law or another regulated area may need a qualification or registration under the law or advertising guidelines, and the Creator must hold it. For example, anyone giving investment advice or recommendations must be registered with SEBI. The Creator must also include any disclaimers those rules require.

Honest numbers. Creators must not buy followers, likes, views or comments. They must not inflate their metrics with bots, engagement pods or other artificial means, or misstate their audience data. If we reasonably find that a Creator’s metrics were materially inflated, we may do any of the following:

1. (a)cancel their open Deals and refund the affected Brands;
2. (b)withhold unreleased funds for those Deals;
3. (c)remove their badges; and
4. (d)suspend their account.

AI-generated content. A Deliverable may contain content created or materially altered by artificial intelligence, such as a virtual persona or a synthetic voice or likeness. If it does, the Creator must label it as the law and platform rules require and tell the Brand before the Deal is accepted.

Accurate Briefs. Brands must describe their campaigns accurately and give Creators the information, products and materials they need in time.

Lawful products and claims. Brands may promote only lawful products and services. They’re responsible for the accuracy and substantiation of any claim they ask a Creator to make, and must give the Creator that substantiation on request. Brands must not ask Creators to leave out disclosure labels or to make false or misleading statements.

Sector rules. Brands in regulated sectors are responsible for their own regulatory obligations. These include restrictions on working with unregistered financial influencers, real-estate registration disclosures and bans on surrogate advertising. Brands must tell the Creator about any requirement that affects the content.

Reviewing on time. Brands must review Deliverables and respond within the Review Window, in good faith. They must not unreasonably withhold approval of work that meets the agreed Brief.

Staying within your rights. Brands may use Deliverables only within the rights granted in the Deal (clause 18.4).

Materials you supply. Brands confirm that any logos, product images, music, scripts or other materials they give Creators can lawfully be used as intended.

Your content. You keep ownership of your User Content. You give OVERDUE a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, format and distribute it as needed to operate, secure, improve and promote the Platform. This includes showing Storefronts publicly and in search results, and generating rate cards and media kits. The licence ends when you delete the content or close your account, except:

1. (a)for reviews (clause 7.4);
2. (b)for Deal records we must keep by law;
3. (c)for backup copies, which are overwritten in the normal course; and
4. (d)for content other users have already shared.

Marketing. We’ll ask first before featuring a Creator or Brand by name, likeness or logo in our advertising, case studies or press. For this purpose, showing your Storefront and public profile on the Platform and in search results doesn’t count as advertising.

Deliverables. The Creator owns the Deliverables unless the Collaboration Agreement expressly assigns ownership to the Brand.

The Brand’s licence. Once payment is released, the Brand receives the following:

1. (a)By default: a non-exclusive licence for 6 months from publication to share, repost, link to and embed the published Deliverables on the Brand’s own organic social media channels and website. The Brand must credit the Creator and must not edit the content, other than resizing or cropping it for format.
2. (b)With the usage-rights add-on: the extra rights set out in the Deal, for the period and territory stated there. These may include use in paid advertising, whitelisting or dark posts, or use in other media.
3. (c)With exclusivity: the Creator’s agreement not to publish paid content for the Brand’s direct competitors, as defined in the Deal, for the period stated.

All rights not expressly granted remain with the Creator.

OVERDUE’s rights. OVERDUE or its licensors own the Platform. That includes its software, design and databases, the Pricing Engine, the OVERDUE name, the Hallmark symbol and our other trademarks, and all content we create. We give you a limited, non-exclusive, non-transferable, revocable licence to use the Platform in line with these Terms. You may not use our trademarks without our written permission. The only exception is the “Powered by OVERDUE” branding on shared rate cards and media kits.

Feedback. If you send us suggestions or feedback, we may use them without any obligation to you.

Infringement complaints. If you believe content on the Platform infringes your rights, write to our Grievance Officer (clause 21). Identify the content, explain the rights you hold, and include your contact details.

Prohibited content. You must not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

1. (a)belongs to another person and to which you have no right;
2. (b)is obscene, pornographic or paedophilic;
3. (c)invades another person’s privacy, including bodily privacy;
4. (d)insults or harasses anyone on the basis of gender;
5. (e)is racially or ethnically objectionable;
6. (f)relates to or encourages money laundering or gambling;
7. (g)promotes enmity between groups on grounds of religion or caste with intent to incite violence;
8. (h)is harmful to children;
9. (i)infringes any patent, trademark, copyright or other proprietary right;
10. (j)deceives or misleads the recipient about the origin of a message, or knowingly and intentionally communicates misinformation or information that is patently false, untrue or misleading;
11. (k)impersonates another person;
12. (l)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
13. (m)incites the commission of any cognisable offence, prevents the investigation of any offence, or insults another nation;
14. (n)contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
15. (o)is an online game not permitted under Indian law, or advertises, surrogate-advertises or promotes such a game; or
16. (p)violates any law for the time being in force.

Prohibited campaigns. Brands must not use the Platform to promote, and Creators must not accept Deals promoting:

1. (a)online money games, betting or gambling;
2. (b)tobacco or alcohol, or any surrogate advertising for them;
3. (c)prescription medicines, or any product advertised in a way the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 prohibits;
4. (d)unregistered investment schemes, multi-level marketing or pyramid schemes, or investment advice from unregistered persons;
5. (e)weapons, illegal drugs, or counterfeit or stolen goods;
6. (f)adult or sexually explicit services;
7. (g)political or election advertising; or
8. (h)anything else that is unlawful or that we notify as prohibited.

Prohibited conduct. You must not:

1. (a)create fake or duplicate accounts, or impersonate anyone;
2. (b)scrape, crawl, harvest or systematically download data from the Platform, including Creator data from discovery, or access it by automated means except through interfaces we provide for that purpose;
3. (c)reverse-engineer, decompile or attempt to extract the source code, constants or logic of the Platform or the Pricing Engine;
4. (d)record sham, inflated or collusive Deals, reviews or metrics, including to influence Engine Outputs, rankings or recalibration;
5. (e)get around contact masking, rate limits, security measures or access controls;
6. (f)harass, threaten, discriminate against or abuse any user or member of our staff;
7. (g)send spam or unsolicited commercial messages;
8. (h)collect or misuse other users’ personal data; or
9. (i)use the Platform in a way that damages it, overloads it or interferes with other users.

Enforcement. We may remove or disable access to content that breaches this clause, and take any other action under clause 20. We’ll also act on orders from courts or authorised government agencies as the law requires.

Closing your account. You can close your account at any time from your account settings, or by writing to info@overdue.in. Any open Deals must first be completed or cancelled under these Terms. Released funds you’re owed will still be paid out.

When we can act. We may warn you, restrict features, suspend or terminate your account, cancel open Deals (refunding Escrowed funds where appropriate) or remove content if:

1. (a)you breach these Terms or the law;
2. (b)we reasonably suspect fraud, fake engagement, circumvention or abuse;
3. (c)the law or an authority requires us to; or
4. (d)your account has been inactive for a long period.

Where practicable, we’ll tell you what we’re doing and why, and give you a chance to respond. You can challenge our decision through the grievance process in clause 21.

After closure. When your account closes, your Storefront is taken down and your data is handled as our Privacy Policy describes. The following continue to apply after closure:

1. (a)clauses 6.6, 9, 10, 13, 15 and 18;
2. (b)clauses 22 to 26; and
3. (c)any other clauses that by their nature should continue.

As the Intermediary Rules and the Consumer Protection (E-Commerce) Rules, 2020 require, OVERDUE has a Grievance Officer:

We acknowledge every complaint within 24 hours. We aim to resolve complaints within 48 hours, and in every case resolve them within 15 days of receipt.

1. (a)Complaints asking us to remove content under clause 19.1 are acted on within 48 hours.
2. (b)Content is removed within 24 hours if it exposes a person’s private area, shows them fully or partially nude or in a sexual act, or impersonates them, including through artificially morphed images.

If you’re not satisfied with the Grievance Officer’s decision, you may appeal to the Grievance Appellate Committee constituted by the Government of India within 30 days of receiving it.

For complaints about personal data, see our Privacy Policy.

The Platform is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

We don’t warrant that the Platform will be uninterrupted, error-free or secure, or that data from third-party platforms is accurate or complete. Features that rely on Instagram, YouTube or other third-party services may change or stop working if those services change their interfaces or policies. We aren’t responsible for those changes.

We aren’t responsible for the acts, omissions, content, products or conduct of any Brand or Creator, or for how Deliverables perform.

To the extent the law allows, OVERDUE isn’t liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill, opportunity or data, however it arises.

OVERDUE’s total liability to you for all claims arising out of or relating to the Platform or these Terms is limited to the greater of:

1. (a)the total Service Fees and other fees you’ve paid OVERDUE in the 12 months before the event giving rise to the claim; and
2. (b)₹10,000.

Clause 23.2 doesn’t reduce any money due to you under these Terms. Creators are still entitled to Escrowed funds due to them, and Brands are still entitled to refunds due under clause 12. Those amounts are paid in line with those clauses.

Nothing in these Terms limits liability for fraud, gross negligence or wilful misconduct, or any other liability the law doesn’t allow to be limited.

We may update these Terms from time to time. For material changes, we’ll give at least 15 days’ notice by email or in-app notice before they take effect, and we may ask you to accept the updated Terms. Deals already accepted aren’t affected. They continue to be governed by the Terms in force when they were accepted.

If you don’t agree to the changes, you can close your account before they take effect. If you keep using the Platform after they take effect, you accept them.

These Terms are governed by the laws of India.

If a dispute arises between you and OVERDUE, we’ll first try to resolve it informally. Please write to info@overdue.in and allow us 30 days.

If the dispute isn’t resolved, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement. If the parties can’t agree, the arbitrator will be appointed in accordance with that Act. The seat and venue of arbitration will be Mumbai, and the proceedings will be in English. The arbitration may be conducted online if the arbitrator agrees.

Subject to clause 26.3, the courts at Mumbai have exclusive jurisdiction.

Nothing in this clause limits any rights you may have under the Consumer Protection Act, 2019, where it applies to you.

This clause 26 doesn’t govern disputes between Brands and Creators. Those are handled under clause 13 and the Collaboration Agreement.

Entire agreement. These Terms, the Policies and each Collaboration Agreement form the entire agreement between you and us about the Platform.

Severability. If any provision is found invalid or unenforceable, the rest of these Terms stay in force. That provision will be modified to the minimum extent needed to make it enforceable.

No waiver. Not enforcing a right doesn’t mean giving it up.

Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to an affiliate, or to a successor in a merger, acquisition or sale of assets.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. These include natural disasters, epidemics, war, government action, internet or power failures, and outages of payment or social media platforms. This doesn’t excuse payment for work already delivered.

Notices. We may send notices to the email address or phone number on your account, or show them in the app. You can send notices to info@overdue.in or by post to our registered office.

Language. These Terms are written in English. If we provide a translation and it conflicts with the English version, the English version prevails.