Terms of Service

1.1. Nature of the Platform Gigahat ("the Platform") operates strictly and exclusively as an online marketplace, technology facilitator, and intermediary. The Platform provides a digital infrastructure enabling direct discovery, communication, and transaction routing between registered brands ("Brands") and independent content creators ("Creators"). 1.2. Explicit Disclaimers of Role The Platform is explicitly NOT, and shall not be construed as: • A financial institution, bank, or legally designated agent for secure payment holding via Razorpay. • A guarantor of payments, engagement metrics, or campaign Return on Investment (ROI). • An employer, talent agency, manager, or representative of the Creators. • An agent, distributor, or joint venture partner of the Brands. • A publisher, editor, or author of the content generated by the Creators. 1.3. Safe Harbour Protection Gigahat is classified as an "Intermediary" under Section 2(1)(w) of the Information Technology Act, 2000. The Platform claims absolute Safe Harbour protection under Section 79 of the IT Act. Gigahat does not initiate the transmission of user-generated content, select the receiver of the transmission, or select/modify the information contained in the transmission.

2.1. Brand Obligations Brands accessing the Platform warrant and covenant that they shall: • Provide highly accurate corporate information, including valid GSTIN and Certificates of Incorporation. • Verify and guarantee they possess the legal authority to run advertising campaigns for the specified products. • Ensure that all campaign briefs comply with the Consumer Protection Act, 2019, and do not instruct Creators to make false, misleading, or unsubstantiated claims. • Fund the designated nodal account for secure payment holding via Razorpay in full prior to campaign activation. • Review Creator submissions within the stipulated timeframes. • Comply with all ASCI guidelines and assume full responsibility for underlying claims. • Strictly refrain from circumventing the Platform to contract with or pay Creators directly. Circumvention within twelve (12) months of a Platform introduction triggers the circumvention fee defined in the Brand Agreement (20% of the engagement value or ₹25,000, whichever is higher) and account suspension. 2.2. Creator Obligations Creators accessing the Platform warrant and covenant that they shall: • Be a minimum of eighteen (18) years of age, possessing the legal capacity to contract under the Indian Contract Act, 1872. • Provide accurate, verifiable personal and financial information. • Maintain exclusive ownership and administrative control over linked social media accounts. • Strictly adhere to ASCI Guidelines for Influencer Advertising, ensuring all paid content contains clear disclosures (#ad, #sponsored). • Deliver content punctually in accordance with the agreed campaign brief. • Refrain from deploying bots, click-farms, or artificial means to inflate metrics. • Not delete, archive, or privatize approved content for a minimum of twelve (12) months.

3.1. Financial Cap on Liability To the maximum extent permitted by applicable Indian law, Gigahat shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages. The total aggregate liability of the Platform shall be strictly capped at INR 1,000 (Rupees One Thousand) or the total platform commission fees paid by the specific user in the three (3) months immediately preceding the claim, whichever is lower. 3.2. Broad Disclaimers of Warranties The Platform operates on an "As-Is" and "As-Available" basis without warranties of any kind, express or implied. The Platform explicitly disclaims liability for: • The performance, engagement rates, or social media reach of any Creator. • The accuracy of API-driven data (Instagram/YouTube statistics). • Technical failures caused by third-party payment gateways or social media networks. • The quality, safety, legality, or efficacy of products advertised by Brands. • User-generated content, including defamatory statements or IP violations.

Both Brands and Creators agree to defend, indemnify, and hold harmless Gigahat, its founder, and its proprietor from any and all claims, liabilities, damages, losses, fines, and expenses arising from or relating to: • Violations of ASCI guidelines or the Consumer Protection Act, 2019 by either party. • Claims of copyright, trademark, or intellectual property infringement related to content produced or brand assets provided. • Failure by the Creator or Brand to remit applicable taxes (Income Tax, GST) to the respective authorities. • Any regulatory action, penalty, or investigation initiated by the CCPA, the Ministry of Information and Broadcasting, or any governmental body due to user actions.

5.1. Creator Copyright Creators retain the underlying copyright to all original content generated for campaigns on the Platform. 5.2. Limited License to Brand Upon successful completion of the campaign and release of payment, the Creator grants the Brand a limited, non-exclusive, worldwide license to utilize the content strictly for digital marketing purposes for a specified duration (default twelve months). 5.3. License to Platform Users grant Gigahat a perpetual, royalty-free license to use campaign content, Creator profile images, and Brand logos for the Platform's own marketing, case studies, and promotional materials, with appropriate attribution.

6.1. Finality of Payments All payments are final once released to the Creator. The Platform fee (a commission of 12%, 15%, or 20% of the campaign budget, determined by the plan — Standard, Performance, or Guaranteed — selected by the Brand at campaign creation) is deducted automatically at the point of release and is strictly non-refundable under any circumstances. The applicable commission rate is fixed at campaign creation and displayed to the Brand before any payment is made. 6.2. Irreversible Auto-Release Upon submission of the final content by the Creator, the Brand possesses a review window to approve or dispute the content: seven (7) days for campaigns on the Performance or Guaranteed plan, and fourteen (14) days for campaigns on the Standard plan. If the Brand fails to approve or dispute the content within the applicable window, the Platform's automated systems will irreversibly release the payment to the Creator. The Brand explicitly waives any right to dispute, reverse, or issue a chargeback on these funds once the approval or auto-release is triggered.

7.1. Governing Law These Terms shall be governed by and construed in accordance with the laws of India. 7.2. Arbitration and Jurisdiction Any dispute shall be resolved through binding arbitration governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, Karnataka. Subject to the arbitration clause, the courts of Bangalore, Karnataka, shall have exclusive jurisdiction. 7.3. Severability If any provision is held to be invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. 7.4. Updates and Modifications Gigahat reserves the right to modify these Terms at any time with 30-day notice for material changes via email or platform notification.

8.1. Termination for Cause Gigahat reserves the unilateral right to suspend or terminate any user account without prior notice if the user violates these Terms. 8.2. Edge Cases • Creator Incapacitation/Death: Contract is nullified; escrow funds for uncompleted deliverables are refunded to the Brand. • Brand Bankruptcy: Funds for completed milestones are disbursed to the Creator. • Platform Outage: Gigahat is not liable for missed deadlines resulting from maintenance or server outages. • Account Hacking: The Platform is not liable for unauthorized access to user accounts. • Brand Disputes After Auto-Release: Disputes raised after the applicable auto-release window are summarily dismissed. • Payment Gateway Failures: The Platform assumes no liability for Razorpay failures.