Last updated: September 13, 2025

This policy establishes the definitive legal terms, compliance requirements, and liability standards governing the submission, distribution, and exploitation of all digital content by You ("Content Provider" or "Licensor") on SwaLay Digital's platform ("Licensee" or "SwaLay Digital"). By submitting content, You agree to be legally bound by these terms, which are designed to ensure full compliance with Indian and international law while safeguarding SwaLay Digital from all legal liabilities arising from Your content.

I. Absolute Content Ownership and Warranties (Representations & Guarantees)

 

The Content Provider must unconditionally guarantee the legal standing of all materials uploaded. These guarantees serve as the foundational contractual basis for SwaLay Digital's operations and intermediary protection.

 

1.1. Licensed Content Definition

 

"Licensed Content" means all electronic records, including literary works, musical compositions, sound recordings, video recordings, metadata, cover art, and any derivative works thereof, in any digital format, which the Content Provider provides to SwaLay Digital.1

 

1.2. Certification of Absolute Ownership (The Core Warranty)

 

The Content Provider represents, warrants, and certifies that:

●      Sole Right and Title: You are the sole owner of all rights, titles, and interests in the Licensed Content, or You have legally procured the necessary exclusive, worldwide, and perpetual rights to grant the license contemplated herein.2

●      Content Source: The Licensed Content uploaded or submitted to SwaLay Digital is provided totally by the Content Provider and is not sourced from unauthorized third parties.4

●      Non-Infringement Guarantee: The Licensed Content, and SwaLay Digital’s subsequent reproduction, distribution, and commercial use thereof, will not infringe, violate, or misappropriate any copyright, trademark, publicity right, privacy right, or any other intellectual property or proprietary rights of any third party worldwide.2

●      Lawful Content: The content is free from matter that is libelous, scandalous, obscene, an invasion of privacy, or otherwise unlawful in any jurisdiction.2

II. Compliance with Global and Indian Statutory Frameworks

 

 

2.1. Intermediary Liability Compliance (IT Act, 2000 & IT Rules, 2021, India)

 

SwaLay Digital operates as an Intermediary under the Information Technology (IT) Act, 2000.7 To maintain the conditional safe harbor protection under Section 79 of the IT Act, You acknowledge and accept the following:

●      Observance of Due Diligence: You agree to abide by all due diligence requirements and content rules established by SwaLay Digital, which are designed to comply with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.9

●      Prohibited Content: You agree not to host, display, upload, modify, publish, transmit, store, or share any information that violates Indian law, including content deemed to pose a risk to public order, security of the state, or national integrity.10

●      Consequence of Failure: You acknowledge that SwaLay Digital's failure to observe these due diligence rules or to act expeditiously on government orders regarding content removal may lead to the loss of its Section 79 immunity, potentially incurring penalties under the IT Act and the Indian Penal Code.12

 

2.2. International and Domestic Copyright Treaties

 

By submitting content, You confirm your understanding and agreement to comply with the principles derived from:

●      Indian Copyright Act, 1957: Governing all aspects of copyright, including the narrowly defined Fair Dealing exceptions (Section 52), and acknowledging that any use outside these specific exceptions constitutes infringement.14

●      WIPO Copyright Treaty (WCT) and DMCA: You acknowledge the international frameworks, such as the WIPO Copyright Treaty and the U.S. Digital Millennium Copyright Act (DMCA), which grant safe harbor to platforms in exchange for adhering to mandated notice-and-takedown procedures.17

 

2.3. Digital Contract Validity (IT Act, 2000)

 

You agree and confirm that the digital execution of the licensing agreement is legally binding and valid. This process complies with the norms issued by the Controller of Certifying Authorities (CCA), ensuring that the electronic signature is 20:

●      Unique to You and under Your control at the time of signing .

●      Legally recognized and treated at parity with a handwritten signature .

●      Accompanied by an audit trail that guarantees the integrity of the document .

III. Indemnification, Liability Transfer, and Enforcement

 

This section establishes the absolute contractual transfer of legal and financial risk directly to the Content Provider, ensuring SwaLay Digital's robust protection.

 

3.1. Comprehensive Indemnification (The Triple Duty)

 

The Content Provider agrees to fully Indemnify, Defend, and Hold Harmless SwaLay Digital, its subsidiaries, officers, employees, and agents ("Indemnitees") against any and all claims, demands, suits, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs of litigation) arising out of or related to any breach of Your warranties (Section 1.2) or any claim that the Licensed Content infringes third-party IP rights .

This Triple Duty means:

1.     Duty to Defend: You must, at Your sole cost, immediately assume and manage the legal defense for SwaLay Digital upon notification of any covered claim, regardless of the claim’s eventual merit .

2.     Duty to Indemnify: You must pay all damages, settlements, judgments, and legal fees suffered by SwaLay Digital .

3.     Hold Harmless: You agree to absorb all associated costs and subsequent fallout resulting from the covered claim .

 

3.2. Control of Defense and Non-Compromise

 

The Content Provider shall bear the full financial burden of the defense. SwaLay Digital retains the right to participate in the defense with counsel of its choosing and, crucially, You shall not settle any claim, suit, or proceeding that imposes any liability or admits fault on the part of SwaLay Digital without SwaLay Digital’s prior written consent.21

 

3.3. Financial Penalty and Forfeiture of Payments

 

In the event of any verified breach of the Non-Infringement Guarantee (Section 1.3), the following penalties shall apply, reflecting the administrative and reputational damage to SwaLay Digital:

●      Mandatory Penalty: A penalty of ₹10,000 (Ten Thousand Indian Rupees) will be immediately imposed.

●      Royalty Forfeiture: All past, current, and future royalty payments or other remuneration otherwise due to the Content Provider will be permanently withheld, forfeited, and retained by SwaLay Digital.

●      Liquidated Damages Acknowledgment: Although Indian law requires proof of actual loss to enforce liquidated damages (Section 74, Indian Contract Act, 1872) 24, You acknowledge that the penalty and forfeiture mechanism represents a reasonable estimate of the foreseeable direct and consequential damages (including reputational harm, administrative cost, and legal costs) caused by the breach.26

 

3.4. Enforcement and Legal Action

 

You agree that SwaLay Digital shall not be subject to any claim of copyright infringement, as all content is provided solely by You under strict warranties. Should any third-party infringement be alleged, You agree that the entire liability will be forwarded to You, the Content Provider/Uploader. You accept that You must obey the governing government laws and legal bindings, including exposure to civil and criminal actions under the Indian Copyright Act, 1957 .

IV. Takedown and Content Removal Procedure

 

 

4.1. Notice-and-Takedown

 

If SwaLay Digital receives a formal Takedown Notice alleging that Your Licensed Content is infringing or unlawful, SwaLay Digital reserves the right to immediately remove or disable access to the content from all distribution channels to comply with the legal frameworks in India and internationally (DMCA).

 

4.2. Required Notice Elements

 

Any Takedown Notice must contain, at a minimum: clear identification of the copyrighted work and the exclusive rights holder; and detailed information sufficient to permit SwaLay Digital to locate the allegedly infringing material.

 

4.3. Content Removal and Account Termination

 

SwaLay Digital shall act with the necessary expeditious action to remove or disable access to any unlawful content.7SwaLay Digital reserves the unilateral right to immediately remove any Licensed Content and/or suspend or terminate Your account if You breach this Policy, particularly if You violate the Non-Infringement Guarantee.