Terms of Service

These Terms of Service (the “Terms”) constitute a binding agreement between you and [Registered legal entity name](“Kollabmint”, “we”, “us” or “our”) governing your access to and use of our website and mobile application (collectively, the “Services”).

By registering for an account or otherwise using the Services, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Services.

Where you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” refers to that organisation.

Kollabmintis a venue. We enable content creators (“Creators”) and brand organisations and their authorised representatives (“Brands”) to discover one another, negotiate terms, record agreements and track delivery of collaboration engagements.

We are not a party to any agreement formed between a Creator and a Brand. We do not employ Creators, do not act as an agent for either side, and do not guarantee the quality, legality, timeliness or outcome of any engagement. Each party contracts with the other directly and is responsible for its own obligations.

We do not process, hold or transmit payments. Consideration is settled directly between the parties by means they agree between themselves. Payment status recorded within the Services is a record of what the parties have stated, not confirmation by us that funds have moved.

You must be at least eighteen years of age and capable of forming a binding contract to use the Services. Engagements concluded through the Services create binding commitments, and accounts registered by children are not permitted.

• Accuracy. You must provide accurate and current information when registering, and keep it up to date. This includes follower counts, engagement figures and rates published on a Creator profile.
• Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorised use.
• One account per person. You may hold a single account in each capacity. Accounts may not be sold, transferred or shared.
• Brand accounts.A Brand account may have multiple authorised representatives. A representative with administrator rights may add or remove other representatives, and each representative's actions bind the Brand.
• Domain restrictions.A Brand's website and contact email address are bound to its verified email domain. This restriction exists to prevent impersonation of brands and may not be circumvented.

We may offer verification of email addresses, telephone numbers, work email addresses, brand domains and brand identity, and may display a badge where a check has been completed. A badge indicates only that the specific check described was performed. It is not an endorsement, a guarantee of identity, solvency, competence or good faith, and it must not be relied upon as a substitute for your own due diligence. We may grant, decline, suspend or revoke a badge at our discretion.

The Services record the lifecycle of an engagement. The mechanics below describe how the Services operate; they do not replace the commercial terms the parties agree between themselves.

Offers

• An offer specifies deliverables, compensation and timing, and remains open for the period the offering party sets, being fourteen days by default and no more than ninety days.
• An offer may be withdrawn before it is accepted, declined by the receiving party, or allowed to lapse on expiry.
• Acceptance of an offer forms a binding contract between the parties at that moment. No further signature is required, and the Services do not provide a draft or provisional state.

Contracts

• A contract is active until every deliverable reaches a terminal state, at which point it is complete, or until it is cancelled.
• Terms may be varied only by an amendment that the other party accepts. Deliverables that have been approved or published cannot be removed by amendment.
• A Brand may request revisions to a submitted deliverable, subject to a limit of three revision rounds per deliverable unless the parties agree otherwise.
• Payment and delivery milestones are recorded two-sidedly: one party states that payment has been made or goods dispatched, and the other confirms receipt. Neither statement is verified by us.

Responsibility for performance

Each party is solely responsible for performing its obligations, including delivering the agreed content, making payment, complying with advertising and disclosure law, and meeting any tax obligation arising from the engagement. Disputes between the parties are to be resolved between them. We may, but are not obliged to, provide records held within the Services to assist.

“Your Content” means anything you submit to the Services, including profile information, images, messages, collaboration posts, applications and submitted deliverables. You retain all ownership rights in Your Content.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for display and transmit Your Content, solely to the extent necessary to operate and provide the Services. Where you publish content to a public profile, that licence extends to displaying it publicly and permitting search engines to index it. This licence ends when Your Content is removed, save for copies retained in backups or as required by law.

You represent that you own or have the rights necessary to submit Your Content, and that it does not infringe the rights of any third party. Rights in content produced under an engagement are governed by the agreement between the parties, not by these Terms.

You must not use the Services to:

• impersonate any person or organisation, or misrepresent your affiliation with one;
• publish false or inflated audience figures, engagement metrics or credentials;
• post fraudulent, misleading, offensive or unlawful collaboration opportunities, or content of that character;
• circumvent the Services to avoid obligations recorded within them, or solicit users to do so;
• send unsolicited bulk messages, or use the Services to advertise unrelated goods or services;
• scrape, crawl or harvest data from the Services by automated means, or attempt to access data you are not authorised to see;
• interfere with the operation or security of the Services, including by probing, overloading or bypassing rate limits;
• infringe intellectual property rights, or breach any applicable law including advertising and endorsement disclosure requirements.

Users may report collaboration posts they believe to be a scam, misleading, impersonating another party, offensive or spam. We review reports and may remove content or restrict accounts. We are not obliged to monitor content proactively, and removal decisions are made at our discretion.

Access to the Services is presently provided without charge. We may introduce fees for some or all features in the future. If we do, we will give notice before the fees take effect, and you will not be charged for any period before you have accepted the applicable fee terms. Any commission, product value or other consideration recorded within an engagement is a term between the Creator and the Brand, and is not payable to us.

You may stop using the Services and delete your account at any time.

We may suspend or terminate your access, with notice where practicable, if you breach these Terms, if your use exposes us or other users to legal or security risk, or if we are required to do so by law. Where a breach is capable of remedy and the circumstances allow, we will ordinarily give you an opportunity to remedy it first.

Termination does not affect contracts already formed between you and another user, obligations that accrued before termination, or any provision of these Terms which by its nature survives, including the sections on content licensing, disclaimers, liability and governing law. Records of engagements may be retained in accordance with our Privacy Policy.

We provide the Services on an “as available” basis and do not warrant uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Services, and may impose limits on features or storage. Where a change materially reduces functionality you rely on, we will give reasonable notice unless the change is required urgently for security or legal reasons.

To the fullest extent permitted by law, the Services are provided without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant the accuracy of information published by users, including audience figures, rates and credentials. We do not vet Creators or Brands beyond the limited verification checks described above, and we make no representation as to any user's identity, solvency, competence or conduct. You are responsible for your own due diligence before entering an engagement.

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, goodwill, data or business opportunity, however arising.

We shall not be liable for any act or omission of another user, including non-payment, non-delivery, defective performance, misrepresentation or breach of an engagement.

Our total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the greater of the total amount you have paid us in the twelve months preceding the event giving rise to the claim, or five thousand rupees.

Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

You agree to indemnify and hold harmless [Registered legal entity name], its officers, employees and agents against any claim, demand, loss or expense, including reasonable legal fees, arising out of Your Content, your use of the Services, your breach of these Terms or of any applicable law, or any dispute between you and another user.

These Terms are governed by the laws of India. Subject to any right you have to bring proceedings in another forum under applicable law, the courts at [City], [State] shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Before commencing proceedings, we ask that you contact us so that we may attempt to resolve the matter directly.

We may amend these Terms from time to time. The date at the head of these Terms indicates when the current version took effect. Where an amendment materially affects your rights or obligations, we will give notice through the Services or by email before it takes effect. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. If you do not accept them, you must stop using the Services.

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us in respect of the Services.
• Severability. If any provision is held unenforceable, the remainder continues in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign your rights under these Terms without our consent. We may assign ours in connection with a merger, acquisition or sale of assets.
• No third-party rights. These Terms do not confer rights on any person who is not a party to them.

Questions about these Terms may be sent to support@kollabmint.com or submitted through our contact form.