Terms of Service

By accessing or using ÉCLATIN ("ÉCLATIN," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms form a legally binding agreement between you ("User," "you," or "your") and ÉCLATIN.

If you do not agree to these Terms, you must not access or use the platform. Continued use of ÉCLATIN after any modification of these Terms constitutes acceptance of the modified Terms.

You must be at least 18 years of age to create an account and use ÉCLATIN. By creating an account, you represent and warrant that you are 18 years or older and have the legal capacity to enter into this agreement.

ÉCLATIN is a digital portfolio platform designed for performers, actors, and creative professionals in India. The platform enables users to:

• Create and manage up to three (3) distinct portfolio versions showcasing their professional work
• Upload headshots, gallery images, showreels, and biographical information
• Publish a public-facing portfolio page accessible via a unique URL
• Receive and respond to messages from casting professionals, collaborators, and other verified users
• Connect with industry opportunities and showcase their talent to potential employers

ÉCLATIN acts solely as a platform connecting performers with casting professionals and other industry participants. We do not act as a talent agent, casting agency, employer, or representative for any User. Any agreements, contracts, or engagements made between Users through the platform are entirely between those Users and outside the scope of our services.

To access most features of ÉCLATIN, you must register for an account by providing accurate and complete information including your full legal name, email address, and phone number. You agree to:

• Provide truthful, accurate, current, and complete information
• Maintain and promptly update your account information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

ÉCLATIN requires email and phone verification before users can send messages on the platform. Verification is part of our commitment to maintaining a trustworthy environment for performers and casting professionals. Unverified users may still browse public pages, but, cannot access any of the platform private features.

ÉCLATIN reserves the right to suspend or terminate accounts that violate these provisions.

Your Content Belongs to You. You retain all ownership rights, title, and interest in the content you upload to ÉCLATIN, including but not limited to your photographs, videos, biographical text, work history, and any other materials (collectively, "User Content").

License to ÉCLATIN. By uploading User Content to ÉCLATIN, you grant us a worldwide, non-exclusive, royalty-free, transferable license to host, store, display, distribute, transmit, modify (only for technical purposes such as resizing, format conversion, and optimization), and showcase your User Content solely for the purpose of operating, providing, and improving the platform.

This license terminates when you delete your User Content or close your account, except that we may retain copies for a reasonable period as necessary for legal compliance, dispute resolution, and backup purposes.

Your Representations. By uploading User Content, you represent and warrant that:

• You own or have all necessary rights to the User Content
• You have obtained all necessary consents from any individuals depicted in your User Content (including model releases for photography)
• Your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights
• Your User Content does not contain content prohibited under Section 5 (Acceptable Use)

Public Portfolios. When you publish a portfolio version, the content becomes publicly accessible via your unique URL. Public portfolios may be indexed by search engines and shared on social media. You acknowledge and accept this public nature when choosing to make a portfolio version live.

ÉCLATIN's Platform. The ÉCLATIN platform itself, including its design, code, branding, logo, and structure, is the intellectual property of ÉCLATIN and is protected under Indian copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the platform without our express written permission.

ÉCLATIN is a professional platform for performers and casting professionals. To maintain the integrity of the community, you agree NOT to:

• Upload content that is obscene, sexually explicit, defamatory, harassing, threatening, hateful, racist, or discriminatory
• Impersonate any person or entity, including other performers, casting directors, or ÉCLATIN staff
• Send unsolicited promotional messages, spam, or chain communications to other users
• Use the platform to facilitate any illegal activity, including but not limited to fraud, human trafficking, or solicitation
• Attempt to gain unauthorized access to other accounts, the platform infrastructure, or any data not belonging to you
• Use automated systems (bots, scrapers, crawlers) to access or extract data from the platform without our express written permission
• Reverse engineer, decompile, or attempt to derive the source code of the platform
• Upload content depicting minors in a sexualized manner or violate any laws related to the protection of children
• Misuse messaging features to harass, intimidate, or threaten other users
• Create false casting opportunities, request inappropriate auditions, or solicit personal favors in exchange for professional opportunities
• Sell, transfer, or share your account credentials with any third party

ÉCLATIN reserves the right to investigate, suspend, or terminate accounts that violate these Acceptable Use provisions, with or without notice. We also reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or applicable law.

We provide tools for users to block and report other users who engage in inappropriate behavior. We encourage you to use these tools and to contact us directly at enquiries@eclat-india.com for serious violations.

ÉCLATIN's messaging feature enables verified users to communicate with one another. By using the messaging feature, you acknowledge and agree that:

• Only users who have completed email verification may initiate or respond to messages
• Messages, attachments, and conversations are stored on our servers and processed by our infrastructure providers (see Privacy Policy)
• Messaging is not end-to-end encrypted; ÉCLATIN and our service providers may technically access message content for security, legal compliance, and content moderation purposes
• You are responsible for the content of messages you send and any consequences arising from those messages
• Image attachments are limited to 10MB per file and image formats (JPEG, PNG, WebP, etc.)
• You may not use messaging to circumvent our Acceptable Use policies or to communicate with users who have blocked you
• ÉCLATIN may impose rate limits to prevent spam (currently 200 messages per hour per user)

We reserve the right to review messages reported as abusive, investigate complaints, and take appropriate action including warning, suspending, or terminating accounts found in violation.

As of the last updated date of these Terms, ÉCLATIN's core features are offered free of charge to performers and casting professionals. We reserve the right to introduce paid features, subscription tiers, or premium services in the future.

If we introduce paid features, you will be notified in advance and will not be charged for any service unless you explicitly opt in. All fees, where applicable, will be displayed in Indian Rupees (INR) inclusive of applicable taxes (GST).

For paid features, refunds will be governed by a separate refund policy disclosed at the time of purchase.

Termination by You.You may close your account at any time through the dashboard's "Delete Profile" feature, which requires email OTP confirmation. Upon account deletion:

• Your public portfolio URL will become inaccessible
• Your User Content (headshots, gallery images, showreels, and bio) will be deleted from active systems
• Active conversations will be closed; messages may persist in other users' histories until they delete them
• Some data may be retained for legal compliance, fraud prevention, or backup purposes as detailed in our Privacy Policy

Termination by ÉCLATIN. We may suspend or terminate your account, with or without notice, if you violate these Terms, applicable law, or if we determine in good faith that termination is necessary to protect the platform or its users. We will make reasonable efforts to provide notice and an opportunity to remedy violations except in cases of severe or ongoing breaches.

Upon termination by ÉCLATIN, you will lose access to your account, your User Content may be deleted, and any pending opportunities or conversations may be terminated.

ÉCLATIN IS PROVIDED "AS IS" AND "AS AVAILABLE." To the maximum extent permitted by Indian law, ÉCLATIN disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

ÉCLATIN does not guarantee that:

• The platform will be available without interruption or downtime
• Connections made through the platform will result in employment, casting opportunities, or other engagements
• Other users on the platform are who they claim to be (despite our verification efforts)
• The platform will be free of bugs, viruses, or security vulnerabilities

You acknowledge that engaging with other users on ÉCLATIN carries inherent risks. We strongly recommend due diligence before agreeing to any auditions, meetings, or engagements arranged through the platform. ÉCLATIN is not responsible for the conduct of any user.

To the maximum extent permitted by applicable law, in no event shall ÉCLATIN, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of the platform.

ÉCLATIN's total cumulative liability to you for any claims arising from these Terms or your use of the platform shall not exceed the greater of (a) the total fees you have paid to ÉCLATIN in the twelve (12) months preceding the claim, or (b) one thousand Indian Rupees (INR 1,000).

The limitations in this section apply to the fullest extent permitted by law, even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless ÉCLATIN, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use or misuse of the platform
• Your violation of these Terms or applicable law
• Your User Content, including any infringement of third-party rights
• Your interactions, communications, or transactions with other users
• Your negligent or willful misconduct

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The Indian Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Indian Contract Act, 1872, and other applicable Indian laws shall apply.

Any disputes, controversies, or claims arising out of or relating to these Terms or the platform shall first be attempted to be resolved through good-faith negotiation between the parties.

If a dispute cannot be resolved through negotiation within thirty (30) days, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties, or, if the parties cannot agree, by an arbitrator appointed in accordance with the Act.

The seat and venue of arbitration shall be Hyderabad, Telangana, India. The language of arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.

Notwithstanding the above, ÉCLATIN reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or platform integrity.

Subject to the arbitration provisions above, the courts in Hyderabad, Telangana, India shall have exclusive jurisdiction over any matters not subject to arbitration.

ÉCLATIN reserves the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• For material changes, notify registered users via email or through prominent platform notifications at least 30 days before the changes take effect
• For non-material changes (such as clarifications), the updated Terms become effective immediately upon posting

If you do not agree to the modified Terms, you must stop using the platform and may close your account. Continued use of the platform after the effective date of the modifications constitutes acceptance of the modified Terms.

Entire Agreement. These Terms, together with the Privacy Policy and any other policies or guidelines we publish, constitute the entire agreement between you and ÉCLATIN regarding the platform.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or your account to anyone else. ÉCLATIN may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. ÉCLATIN shall not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, internet outages, or government actions.

For questions, concerns, or notices about these Terms, please contact us:

• General inquiries: enquiries@eclat-india.com
• Legal matters: enquiries@eclat-india.com
• Abuse reports: enquiries@eclat-india.com
• Privacy concerns: enquiries@eclat-india.com