Terms of Service

By accessing or using XclusiveContent (the “Platform”), operated by XclusiveContent (“we”, “us”, “our”), you (“User”, “you”) agree to be legally bound by these Terms of Service (“Terms”), our Privacy Policy, and our Creator Guidelines, all of which are incorporated herein by reference.

If you do not agree to all of these Terms in their entirety, you must immediately stop using the Platform. Your continued use of the Platform constitutes irrevocable acceptance of these Terms and any updates to them.

These Terms constitute a legally binding agreement under the Indian Contract Act, 1872, and the Information Technology Act, 2000, as amended from time to time.

• You must be at least 18 years of age to register or use the Platform in any capacity.
• By registering, you represent and warrant that you are 18 or older and legally competent to enter into a binding contract under applicable law.
• We reserve the right to terminate any account and pursue legal remedies against any person who misrepresents their age. If we discover or have reasonable grounds to believe a user is under 18, we will immediately suspend the account and delete all associated content without notice or refund.
• The Platform is intended for use within the territory of India. Use from outside India is at your own risk and subject to your local laws.

To access Platform features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update it as necessary. You are solely responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your account, whether or not authorised by you;
• notifying us immediately at support@xclusivecontent.in if you suspect any unauthorised use.

We are not liable for any loss or damage arising from your failure to maintain account security. We may require additional identity verification at any time.

Creators who upload, publish, or distribute any content (“Content”) on the Platform agree to the following without exception:

• You own all rights to the Content you upload or have obtained all necessary licences, permissions, and consents.
• Your Content does not infringe any third-party intellectual property, privacy, or publicity rights.
• You are solely responsible for all Content you post. We act as an intermediary under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and are not the publisher or speaker of any User Content.
• You will comply with all applicable Indian laws, including but not limited to the IT Act 2000, IPC provisions, POCSO Act, and the Digital Personal Data Protection Act, 2023.
• You will immediately remove Content upon receiving a valid takedown request.

You may not post, upload, transmit, or distribute any Content or engage in conduct that:

• Depicts or sexualises minors in any way (CSAM). We will report all such content to NCMEC, CBI, and Indian law enforcement immediately.
• Is non-consensual intimate imagery (“revenge porn”).
• Constitutes hate speech, harassment, stalking, threats, or incitement to violence against any person or group.
• Promotes terrorism, extremism, or any banned organisation under Indian law.
• Is fraudulent, deceptive, or misleading — including false endorsements or impersonation.
• Violates any third party's copyright, trademark, or other intellectual property rights.
• Facilitates or promotes illegal transactions including money laundering, drug trafficking, or gambling.
• Contains malware, spyware, phishing links, or any malicious code.
• Violates any provision of the Information Technology Act, 2000, or any rules made thereunder.
• Is otherwise unlawful under the laws of the Republic of India.

Violation of this section will result in immediate account termination, forfeiture of any accrued balance, and reporting to relevant law enforcement authorities. We maintain zero tolerance for violations involving minors.

• XclusiveContent charges a 15% platform fee on all transactions. Creators receive 85% of the gross subscription or pay-per-view amount.
• Payment processing is facilitated through third-party UPI payment providers. By transacting on the Platform, you also agree to their terms and policies.
• Payouts are processed to your registered UPI ID or bank account. You are responsible for providing accurate payment details. We are not liable for losses arising from incorrect payment information.
• We reserve the right to withhold or delay payouts if we suspect fraudulent activity, a chargeback dispute, or a violation of these Terms, pending investigation.
• No Refunds: All purchases of digital content are final and non-refundable. Subscriptions cancelled mid-cycle are not entitled to a pro-rated refund. Exceptions apply only where mandated by applicable Indian consumer protection law.
• We reserve the right to modify platform fees with 30 days' written notice. Continued use after the notice period constitutes acceptance of the new fee structure.

Your Content: You retain full ownership of all Content you create and upload. By uploading Content to the Platform, you grant XclusiveContent a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, transmit, display, and distribute your Content solely for the purpose of operating and improving the Platform. This licence terminates when you delete the Content or your account, except to the extent retained in backup systems or required by law.

Our Property: All Platform technology, trademarks, trade dress, software, source code, design, and brand assets are the exclusive property of XclusiveContent and are protected under the Trade Marks Act, 1999 and the Copyright Act, 1957. You may not reproduce, modify, distribute, or create derivative works without our prior written consent.

DMCA / Copyright Infringement: If you believe your copyright has been infringed, please send a written notice to legal@xclusivecontent.in with sufficient detail to identify the infringing material. Repeat infringers will have their accounts terminated.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE AN INTERMEDIARY UNDER THE IT ACT, 2000 AND THE IT (INTERMEDIARY GUIDELINES) RULES, 2021. WE DO NOT ENDORSE OR CONTROL USER-GENERATED CONTENT AND ARE NOT RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR APPROPRIATENESS OF ANY CONTENT POSTED BY USERS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XCLUSIVECONTENT, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, SUBSCRIBERS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• DAMAGES ARISING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT OR ACCOUNT;
• ANY CONDUCT OR CONTENT OF THIRD PARTIES OR OTHER USERS ON THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless XclusiveContent and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your Content; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) any claim by a third party relating to your Content or conduct.

We may, at our sole discretion, suspend, restrict, or terminate your account at any time, with or without notice, for any reason including but not limited to violation of these Terms, fraudulent activity, chargebacks, or at the request of law enforcement. Upon termination:

• Your access to the Platform and all content will be immediately revoked.
• Any unpaid earnings may be forfeited if termination is due to a violation of these Terms.
• Sections 7 (IP), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Governing Law) survive termination.

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.

Before initiating legal proceedings, the parties agree to attempt good-faith resolution through written notice and a 30-day negotiation period. If unresolved, disputes shall be settled by arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual consent.

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 14 days' notice by email or a prominent notice on the Platform. Your continued use after the effective date of the revised Terms constitutes your binding acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and delete your account.

• Entire Agreement: These Terms, along with the Privacy Policy and Creator Guidelines, constitute the entire agreement between you and XclusiveContent and supersede all prior agreements.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
• No Waiver: Our failure to enforce any right or provision is not a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent. We may freely assign these Terms.

For questions about these Terms, contact us at: