Legal

Sellers Terms and Conditions

These terms and conditions are applicable to users or consumers acting as sellers on Entym Platform

Updated: 14 Jan 2024

  1. Definitions
  • Sellers – Registered users who are industry experts, influencers or consultants offering paid services through bookable time slot listings on their Entym profiles for user appointments.
  • Super Sellers (SS) – Top performing sellers handpicked by Entym editors based on credentials and portfolio.
  • Platform Users/Consumers/Users – All visitors, members and participants of the Entym community accessing posted content as well as booking seller services constitute collective user base.
  • Verified Users – Eligible platform participants usually with large following elsewhere who have gone through identification verification process on Entym to prevent impersonation and building trust.
  • Guest Users – Users who can view selectively available public content on Entym without needing user accounts via direct web search discovery or unauthenticated access to certain pages.
  • Power Users – Loyal community participants recognized for consistent quality engagement through user-generated content creativity, active commenting and overall platform stewardship.
  • User Generated Content (UGC): Any form of digital media content including text posts, photos, videos, audio files, digital art shared publicly by Entym Platform’s registered users.
  • Intellectual Property (IP): Creations of the mind that possess commercial value and are legally protected from unauthorized usage such as copyrights, trademarks, patents, trade secrets and industrial designs.
  • Digital Rights Management (DRM): Access control technologies used to protect copyrighted content distribution by media publishers and studios to prevent piracy by restricting copying or manipulation.
  • Personally Identifiable Information (PII): User or account details like government ID numbers, home addresses, phone numbers that can identify specific individuals posing data privacy risks if revealed publicly without consent.
  • Data Portability: Ability for platform users to conveniently obtain and reuse their digital content shared with an online service provider like Entym in interoperable downloadable formats.
  • Plagiarism: Representing another person’s original ideas, creations or written expressions as one’s own work without adequate acknowledgement or credits to actual authors.
  • Parody Media: Humorous imitative work mimicking stylistic attributes of an original creative work such as song, film or art legally regarded as an exception to copyright laws.
  • Attribution Stacking: Repeated re-use of third-party content like infographics or viral posts without correctly crediting creator identities across the reuse chain.
  • DMCA Takedown Notice: Formal copyright infringement reporting request submitted to online service providers like Entym by legal rights holders asking removal of unauthorized uploads as per official procedures.

 

  1. Introduction
  • (“Seller/Expert referred as Seller”) and Entym Inc (“Entym”) operating the Entym platform.
  • Any existing Entym Platform user or a new user on the Entym Platform can act as Seller to offer timeslots for booking.
  • This document clearly states terms under which Seller engages with Entym platform to offer paid services to users who book timeslots from the Seller.
  • This agreement becomes effective on the date of signing by Seller and remains valid until terminated by either party.
  • Entym agrees to provide profile hosting, advertising, booking and payment processing while Seller agrees to fulfill obligations as mentioned in the below sections.
  • Seller enters this agreement as an independent contractor and not an employee of Entym.
  • This agreement is valid until the Seller decides to remove their profile from the Entym platform or stop acting as Seller.
 
  1. Access Types for Users & Sellers
  • Entym allows 2 tiers of seller accounts for sellers – Normal and SUPER SELLERS accounts.
  • Normal Sellers can independently create profile, list availability for users to discover and directly book timeslots without advertisement support.
  • Super Sellers undergo exclusive onboarding including profile optimization and integrated promotions via Entym’s marketing channels to proactively boost bookings.
  • Normal profiles only have access to basic account management tools while SUPER SELLERS profiles get access to verified profiles, premium insights, statistics and analytical data on user engagement.
  • Hands-on support from key account manager is available on priority for Super Sellers to resolve queries and maximize earnings from Entym partnership.
  • Distribution of bookings from complementary organic vs paid traffic channels shall be disclosed to Super Sellers for performance tracking.
  • Based on the area of expertise, target audience attributes and quality of 1-1 engagement and content, SUPER SELLERS access is granted selectively to invited applicants on first-come first serve basis.
  • SUPER SELLERS accounts are subject to stringent evaluation criteria assessing credentials, experience, client testimonials validity and portfolio.
  • Entym verifies documented proof, certifications of skills claimed by SUPER SELLERS applicants for enrolling in SUPER SELLERS seller program.
  • Normal accounts can submit upgrade requests to SUPER SELLERS account along with required credentials.
  • Entym can suspend accessibility of user accounts under investigation for violations.
  • A transition waiting period for access type change requests may apply during which bookings features, visibility offerings associated with current tier remain enabled.
 
  1. Profile Creation and Import
  • Seller authorizes Entym to create an Entym platform profile using personal data provided for accurate identification of credentials.
  • Seller grants Entym access permissions to import relevant data from current social media accounts on Instagram, TikTok, YouTube, Facebook etc. This is optional and dependent on the seller. Seller can take aid of Entym’s team to aid in importing of relevant data.
  • If importing profile:
    1. The Seller must provide valid credentials or necessary permissions for Entym to access their public data on specified social media platforms.
    2. Entym will import publicly available data such as profile pictures, bios, follower counts, and public posts (or any other relevant public data).
    3. The Seller is responsible for ensuring that all imported data is accurate and up-to-date.
    4. The Seller must verify the authenticity of their profile data post-import to ensure it represents their current professional image and brand.
  • Seller guarantees accuracy of all personal data provided and obtains necessary permissions to share content imported from other social media accounts (if applicable).
  • Seller retains full ownership rights over all personal data, content shared with Entym for Entym profile.
  • Entym can delete clearly fictitious, inaccurate or illegally sourced profile data shared for profile creation.
 
  1. Content Types and Restrictions
  • The content Seller posts on their Entym profile will only include harmless creative photos, non-controversial videos, illustrations, quotes, audio messages etc.
  • Content depicting violence, gore, abuse, racism, sexism or scientifically disproven claims is strictly prohibited.
  • Seller takes full responsibility for obtaining appropriate licenses, releases for all branded or commercial content before sharing on Entym.
  • Seller agrees not to share or promote any nude, pornographic, or other forms of mature content depicting extreme forms of violence, abuse or exploitation via their Entym profile.
  • Sexually explicit content showing intimately private body parts, models in lewd poses or transparent clothing that leaves nothing to imagination cannot be displayed.
  • Restricted content categories prohibited from public visibility include but not limited to: images/videos of sexual acts, exposed genitals, fetish gear, bondage equipment or toys even for educational purposes.
  • Seller’s profile content shared should comply with applicable obscenity and decency laws of every country based on community standards of accepted age-restricted content.
  • Seller agrees Entym has full discretion and no obligation for displaying or promoting any provocative mature content to retain a professional environment.
  • Seller cannot upload or link to e-commerce products like sex toys, enhancement supplements cannot portray models in objectionable positions or environments depicting usage.
  • Seller content will be moderated as per local laws and regulations. This would involve reporting of content from users and takedown requests.
  • Any user complaints received by Entym over inappropriate exposure, promotion and glorification of mature content via seller’s profile shall warrant takedowns.
  • Entym prohibits use of its platform and seller community to spread disturbing mature content like non-consensual voyeuristic imagery or forced sexual situations involving victims.
  • The following content categories are completely prohibited from Entym:
    1. Child pornography, revenge porn or non-consensual voyeuristic content
    2. Videos/images of sexual acts, exposed genitals, fetish scenarios
    3. Glorified content promoting abuse, self-harm, substance addiction
  • Seller agrees not to share personally identifiable information of anyone without anonymization and explicit consent.
  • Paid ads, collabs and content shall be marked appropriately by the Sellers. All content that is classified as Ads need to appropriately for informational purposes.
  • Sellers have responsibility for post-publication surveillance of user-generated content on their profiles such as comments, tags – flagging and reporting offensive submissions.
  • Inappropriate incidental metadata exposure like geotags, hidden layers revealing confidential data warrants immediate removal of affected content.
  • Infringing usage refers to an identically copied work falsely portrayed under seller’s ownership violating copyright statutes.
  • References to competitive brands in seller testimonials that aren’t clients or part of authorized partnerships require clarity on public display to prevent misrepresentation.
  • In case of legally unclear content attribution, Entym can append generic descriptors like “Online Image” while disabling search index visibility.
  • Entym will deploy machine intelligence/AI algorithms to classify/reclassify any content that is misleading/ not attributed or violates data, content, copyright, privacy or any other policies.
  • If permissions of third-party individuals featured in seller photos shared publicly cannot be reliably determined – faces shall be blurred/masked fully.
  • Entym will promptly honor takedown requests if rightsholders submit proof of unauthorized usage of their content.
  • Sellers must refrain from posting irrelevant shocking clickbait mature content that deviates from core value delivered to fashion advice seeking clients.
 
  1. Content Usage
  • SUPER SELLERS Seller grants Entym non-exclusive worldwide license to display and use content shared for profile publicly to drive timeslot bookings. This includes photos, videos, illustrations etc. during term of agreement. Other usage guidelines for Super Sellers are:
    1. Usage rights are limited to public display on Entym platform, affiliated advertisement channels like search engines, social media platforms and restricted partner networks.
    2. Entym can promote seller’s profile through written quotes, audio messages, interactive live streams on its platform to attract bookings.
    3. Authorize Entym to reuse publicly available SUPER SELLERS Seller content from linked social media accounts and portfolios during term of agreement for promotional activities.
    4. Shared content showcasing seller’s signature style, previous collaborations, client transformations can be displayed on their profile or advertising materials by Entym.
    5. Seller confirms full ownership rights and content licenses to share any creatives, marketing assets for Entym profile.
  • Seller certifies ownership of requisite rights over all content shared and can provide documented proof on Entym’s request.
  • Entym will promptly remove any disputed or illegal content from Seller’s profile once notified by Seller or any government agency or as per requests from any law agencies.
  • Post agreement termination, Entym only retains limited data required for legal and business records, rest of profile content is permanently deleted or disabled from public view.
  • Entym will immediately take down any disputed fashion content on receiving copyright infringements notice from original IP rights holders.
  • Seller permits Entym to compile publicly listed packages (prices), service offerings into downloadable PDFs/visual guides to share with users interested in booking.
  • Entym can seek seller’s consent before licensing out fashion content to third-parties like print publishers, affiliated brands who want to reuse it externally for commercial purposes.
  • Entym’s use of seller content will respect moral rights provisions applicable, accurately credit/attribute it to them in public display.
  • Entym can compile and publish limited excerpts from seller’s profile shared during 1-1 sessions as testimonials to market services to prospective clients on its platform.
  • In the event of discovering an unauthorized third-party reuse of content provided to Entym, prompt notification shall be sent to initiate removal proceedings.
  • Entym agrees to share analytics on monthly views, performance and audience reach metrics related to different categories of content displayed on platform coming from seller.
 
  1. Timeslot and Pricing Management
  • Seller has complete discretion and control to decide offered services, booking durations, time availability and pricing on Entym profile.
  • Seller will ensure services comply with platform policies and applicable laws – not deemed illegal, deceptive, extremely risky or harmful for users.
  • Entym can guide and advise Sellers to achieve optimal utilization and earnings but has no direct control over their time availability and pricing strategies.
  • Seller takes responsibility for tax calculations and payments applicable on earnings generated from services delivered to users who book timeslots.
  • Seller will notify Entym support team promptly about any issues faced in managing booking timeslots, updating prices or any other issues displayed on profile.
 
  1. Promotional and Advertising Rights for Super Sellers
  • Entym agrees to promote SUPER SELLERS Seller’s profile by targeting relevant high-intent users and driving traffic to booking pages via search engine marketing, social media advertising and affiliate partnerships.
  • SUPER SELLERS Seller permits Entym to reuse profile content like photos, videos as well as Seller quotes and registered trademarks for promotional marketing content.
  • SUPER SELLERS Seller will notify Entym in advance if wishing to be excluded from specific advertising channels or restrictive about certain profile content usages.
  • Entym will optimize advertising approach based on available marketing budget to achieve most cost-efficient performance.
  • SUPER SELLERS Seller allows Entym to highlight profile in special features like newsletters to existing platform users without additional permissions.
 
  1. Booking Fulfillment Obligations
  • Seller commits to promptly respond and directly fulfill all paid and confirmed appointment bookings of listed services made by users.
  • Seller agrees to maintain expected quality standards when delivering services and ensure satisfactory user experience.
  • In case of emergencies / unforeseen circumstances forcing appointment cancellations, Seller shall promptly notify impacted users and refund booking amounts.
  • Penalties if any for cancellations, no-shows, spam or complaints will be done as per the applicable policies.
  • Entym offers booking-related customer support but Seller undertakes primary responsibility for fulfillment, support and issue resolution.
  • Persistent failures to honor booked appointments without valid reasons can result in Entym removing Seller’s profile from the platform.
 
  1. Word-of-Mouth Marketing and Feedback
  • Seller agrees to contribute towards organic growth initiatives by sharing feedback surveys, posting on personal social media and referring potential high-quality sellers.
  • In exchange for facilitation services from Entym (if requested or taken by Sellers), Seller will share positive reviews regarding their experience to generate trust and interest.
  • Seller permits Entym to openly display platform activity metrics like 5-star ratings, number of consultations and total hours booked to showcase profile credibility.
  • Seller can choose to provide video/written testimonials elaborating on growth and quality of users interacting with them through Entym bookings.
  • Entym may recognize valuable contributors by features in marketing assets or internal communications highlighting partnership success.
 
  1. Indemnification
  • Seller agrees to fully indemnify Entym as well as employees from any third-party legal proceedings or claims arising due to any content posted and services offered to users discovered via Entym platform.
  • Seller takes complete legal responsibility for accuracy of listed credentials, quality and delivery of all paid services marketed on Entym’s platform.
  • Entym cannot be held liable for any form of tax violations or compliance issues related to income generated by Seller using the Entym site.
  • Seller shall reimburse Entym for any legal, operational and servicing expenses incurred while assisting investigation or resolution of an issue caused directly by the Seller.
  • Any losses faced by Entym in review processes, legal proceedings or claims related to Seller’s services will be compensated fully by Seller as per final verdict.
 
  1. Compensation and Revenue Structure
  • Entym shall collect advance booking payments from users and disburse earnings after subtracting platform fees and applicable taxes.
  • Sellers will complete third-party AML,KYC process and financial onboarding to ensure the payouts are automated, timely and allowed as per various local rules and regulations.
  • Payout cycle will be clearly communicated covering payment methods, frequency, thresholds and timelines.
  • Platform listing, advertising and booking facilitation services do not guarantee Seller a fixed minimum income level month-to-month when using Entym.
  • Entym deducts a platform fee (including other types of fee for various services) and may revise slabs based on business needs – advanced notice will be provided.
  • All leftover earnings after subtracting platform fee and taxes represent income solely for Seller in return for services delivered to users.
 
  1. Intellectual Property Rights
  • Entym reserves the right to use all digital content posted publicly by users for limited purposes of hosting, displaying and distributing the content to other users on its platforms.
  • While Entym does not claim outright ownership of any user generated content, by posting publicly users grant the platform non-exclusive distribution license during term of use.
  • As a precaution Entym includes clear copyright policy on its platform prohibiting users from posting infringing, illegal or unauthorized content violating third-party intellectual property rights.
  • If any rights holders eg. music labels, movie studios, media publishers or any other organization provide valid legal notice of unlicensed proprietary content posted by some user, Entym shall promptly take it down as per official DMCA policy or any other local jurisdiction policy.
  • Entym cannot actively monitor or pre-screen all user posts to affirmatively determine copyrights ownership due to severe restrictions around user privacy and data surveillance laws. But when highlighted by any stakeholder (as per point 4), relevant actions would be taken.
  • Entym will respond promptly to external party notices or court subpoenas related to account details linked with repeat infringers posting illegal copies of copyright works for investigation.
  • Registered users must agree not to post sensitive confidential information without authorization that can jeopardize trade secrets, competitive data or private personal credentials.
  • User content flagged by automated algorithms as potential infringements might be restricted automatically until human review.
  • Entym allows easy user data exports and has clarity around data deletion policies empowering users to have control while meeting privacy regulatory mandates.
  • Any legally permissible third-party sponsorships or brand partnership content posted officially on platform shall be attributed clearly to prevent user misrepresentation grievances.
  • Users attempting to register accounts pretending to be celebrities using profile photos copied from internet without permissions could be banned for misrepresentation and identity theft violation depending on investigation findings.
  • Sensitive information like government IDs cannot be made public according to Entym policies protecting personally identifiable user data – such content shall be promptly deleted.
  • While platform does not govern accuracy or origins of captions, descriptions, comments added by users accompanying their public posts, blatantly false claims misrepresenting third party brands or plagiarized credits could lead to restrictions.
  • Generic inspirational quotes, content marketing statistics or factual data widely available in public domain can be shared without verbatim source credits unless repurposed entirely to imply author bias misattribution grievous violations.
  • However excerpts from commercially sold fiction/non-fiction books, premium research reports or syndicated market size estimations would require licenses or collaboration with publishers as per local laws and regulations.
  • During voluntary or mandated government/court data sharing requests about select platform users, utmost care will be applied not to reveal identities of additional parties visible in group photos but not part of subpoenas in question.
 
  1. Financial Obligations & Tax Liabilities
  • As an independent Seller on Entym earning income in exchange for time, sellers are responsible for managing their finances and taxes.
  • Entym will need seller’s appropriate tax identification information or social security number depending on country to facilitate payouts for bookings after deducting platform charges.
  • By default, sellers have complete responsibility for advance tax estimation, filing quarterly estimates and submitting returns applicable on self-employment or freelance income outside regular payroll jobs.
  • Entym recommends sellers budget for all applicable direct and indirect taxes like income tax, self-employment tax, sales tax/VAT and plan payout withdrawals factoring appropriate deductions.
  • It is sellers’ responsibility to determine tax residency status based on physical presence test and citizenship factors to comply with national, state and city tax liabilities.
  • Entym may provide documentation required globally highlighting total annual earnings. But sellers need to evaluate and file returns under income bracket limits.
  • Platform usage and booking facilitation might entail local business registration, obtaining trade licenses or professional certifications as per governing regulations which sellers are responsible for.
  • Depending on country and states/provinces specifics, sellers may need to furnish special tax forms like VAT returns, Withholding Exemptions or Transaction Declarations from their end.
  • Sellers have full accountability for recording, safeguarding and producing necessary financial documents, earnings statements in case of a potential audit or inquiry of their tax affairs.
  • Entym recommends setting aside a portion of total payouts into safe liquid instruments to easily pay estimated taxes on self-employment income rather than accruing year-end liabilities.
  • Sellers who are already registered business owners must factor Entym earnings while organizing bookkeeping, reconciling accounts and finalizing balance sheets accurately including self-employment income.
  • For long-term financial planning, sellers should leverage tools to project future income, make contingency provisions and choose suitable insurances considering their freelancing activities risks beyond Entym platform visibility.
  • Entym does not offer formally structured advice or direct assistance on financial, accounting or taxes filing matters but can refer sellers to trusted external tax advisors if needed.
  • It is prudent for Entym sellers to develop reasonable understanding or arrange professional guidance for managing finances optimally ensuring sufficient provisions towards applicable tax payment liabilities rather than just depending on the platform for income facilitation.
 
  1. Jurisdiction
  • This agreement falls under exclusive jurisdiction of the state of Delaware, US.
  • Any disputes or grievances shall be resolved exclusively before courts with competent authority within judicial precincts of Delaware, US
  • Seller forfeits any rights to join class action suits and shall directly submit dispute resolution requests as an individual claimant.
  • Minimum documented notice of 180 days must be provided by Sellers to Entym before pursuing legal proceedings under governing laws.
  • Minimum documented notice of 30 days must be provided to Sellers before pursuing legal proceedings under governing laws.
 
  1. Profile Deletion and Agreement Termination
  • Seller can request for permanent account deletion or content removal from public view by submitting a notification.
  • On termination of agreement, Entym shall disable visibility of Seller’s public-facing profile within reasonable time.
  • Residual back-end records relevant for past bookings facilitation, vendor reliability or financial accounting shall be stored securely.
  • Seller forfeits perpetual access to historical dashboard statistics, user details and booking data stored internally post account deletion.
  • Entym can terminate participation immediately during ongoing investigation or legal dispute resolution and withhold payouts until clearance.
 
  1. Agreement Acceptance
  • This agreement stands valid only when Seller provides accurate personal data needed for identification and verification purposes.
  • By providing an electronically signed and dated signature on this document, Seller confirms comprehension of obligations being entered.
  • Entym will countersign after validating authenticity and storing the executed version following appropriate protocols.
  • If required by applicable State laws, wet signatures shall be obtained on printed forms and retained for authorized signatories.
  • Any future modifications mutually agreed require this definitive agreement to be re-signed with updated terms.
 
  1. Contact Information
  • Seller shall provide accurate personal full name, valid physical address, phone number and email to enable efficient communication.
  • Seller agrees to immediately update Entym in case of changing contact details to prevent miscommunication of urgent notices.
  • Preferred channel and frequency of operational communications between Parties shall be decided post mutual consultations.
  • Entym agrees to communicate policy changes, bookings data or support notices using Seller’s registered communication preferences.
  • Confidential information exchanged during agreement period shall not be disclosed to external parties without necessary consent.

 

I, hereby represent that I have fully read and expressly agree to all the terms and conditions contained within this Seller Consent/ Onboarding Agreement drafted on below mentioned date.

 

By consenting to this agreement, I understand and acknowledge the following:

 

  • I enter this affiliation with Entym on my own free will as Seller responsible for managing my own obligations.
  • I have obtained professional consultation before entering this contract if I desired and did not rely solely on verbal assurances or interpretations.
  • I do not hold Entym liable for third-party intellectual property infringement claims or tax penalties arising from my non-compliance to applicable country/state laws.
  • I have provided only truthful and legal information to Entym.
  • I permit Entym to halt payouts as well as suspend or terminate access if violations of set platform policies come to notice during investigation or dispute resolution.
  • I hereby agree that the above mentioned terms and conditions can change and I will be provided with new version of updated policy as and when changes/required.
  • I hereby provide my unequivocal agreement to partner with Entym on above clearly understood terms for mutual benefit realization.

 

 Date of acceptance (Online acceptance)