Terms and Conditions

Last updated: 13 October 2025

Effective date: 13 October 2025

Operator / Service: XetaBytes Digital LLP (“XetaBytes”, “we”, “us”, “our”) operates the InstaCollabs platform at instacollabs.com (the “Service” or “Platform”). These Terms & Conditions (“Terms”) govern your access to and use of the Service. By accessing, registering for, paying any fee, or using the Service you agree to be bound by these Terms.

Official contact for all legal, privacy and operational notices: contact@xetabytes.com (single official email).

1. APPLICABILITY; DEFINITIONS

1.1 These Terms form a binding contract between you (an individual or entity who uses the Service — “User”, “you”, “your”) and XetaBytes Digital LLP.

1.2 Definitions:

- Creator — a user producing content and applying to campaigns.

- Brand — a user listing campaigns or engaging creators.

- Campaign Content — any content produced, submitted, uploaded, delivered or created by a Creator for or in connection with a campaign (including but not limited to photos, videos, captions, scripts, raw footage, edits, designs, drafts, concepts and final deliverables).

- Processing Period — the 120-calendar-day internal review/tolling period described in Section 15.

2. ACCEPTANCE; AMENDMENT; ENTIRE AGREEMENT

2.1 By registering, paying fees, clicking “I Agree” or using the Service you accept these Terms and all referenced policies. If you do not agree, do not use the Service.

2.2 Amendments: XetaBytes may amend these Terms in its discretion. For material changes, XetaBytes will post the revised Terms with an updated “Last updated” date and will use reasonable means (email or in-platform notice) to notify account holders. Unless a material change explicitly requires prior consent, continued use after posting constitutes acceptance. If you do not accept a material change, you may close your account. XetaBytes may make non-material changes effective immediately without individualized notice.

2.3 These Terms, together with incorporated policies (Privacy Policy, Refund Policy, Acceptable Use Policy), constitute the entire agreement between you and XetaBytes regarding the Service.

3. ELIGIBILITY, REGISTRATION & ACCOUNT SECURITY

3.1 You represent that you have legal capacity to enter into contracts in India and are at least 18 years old. Use by minors is prohibited.

3.2 You must provide accurate, complete and current information and keep it updated. XetaBytes may verify supplied information and may suspend or terminate accounts for false or misleading information.

3.3 You are responsible for your account security and all activity occurring under your account. Notify XetaBytes immediately of any unauthorized use.

4. FEES & PAYMENT

4.1 Creator Onboarding Fees: Creators must pay the one-time onboarding fee selected at signup: ₹99 (barter-only) or ₹149 (barter + paid). All onboarding fees are non-refundable and non-transferable, except where XetaBytes elects otherwise in writing. Payment processing is via third-party payment providers; XetaBytes does not store full card numbers.

4.2 Brand Fees and Managed Services: Brand account creation may be free. Any managed service or campaign fee will be disclosed in an invoice/agreement.

4.3 XetaBytes may change fees and introduce new services at any time; new fees will be posted on the site.

5. NATURE OF SERVICE; LIMITED ROLE

5.1 XetaBytes provides a marketplace platform and coordination services to connect Creators and Brands, supply campaign briefs and facilitate introductions and limited administrative support. Unless an express written agreement states otherwise, XetaBytes is not a party to Brand-Creator contracts and is not financially liable for Brand or Creator performance, payment, or contractual obligations. XetaBytes’ role is facilitative and consultative only.

5.2 Brands and Creators enter into separate, bilateral agreements for campaign execution; XetaBytes is not responsible for enforcement of those agreements except as expressly agreed in writing.

6. CREATOR CAMPAIGN CONTENT — LICENSE, CONSIDERATION & WARRANTIES (ENFORCEABLE ALTERNATIVE)

6.1 Exclusive Perpetual License (Company-Favouring, Enforceable Alternative):

As valid consideration for onboarding access, any platform services and any amounts paid to Creator for a campaign, and in order to enable XetaBytes to operate, promote and monetise the Platform, Creator hereby grants XetaBytes a worldwide, perpetual, irrevocable, exclusive, transferable, sublicensable, royalty-free license to use, reproduce, distribute, display, perform, transmit, adapt, create derivative works from, commercialize and otherwise exploit the Creator’s Campaign Content in any media now known or later developed, for any purpose (including marketing, licensing to third parties, monetization, and product development). This license is exclusive to XetaBytes (subject to Sections 6.3 and 6.4).

6.2 Consideration: Creator expressly acknowledges that the foregoing license is granted in consideration of (a) Creator’s access to the InstaCollabs marketplace (including onboarding and campaign opportunities), (b) any onboarding fee paid by Creator, (c) any payments expressly negotiated and paid to Creator for campaigns, and (d) XetaBytes’ provision of platform services and promotional activities. Creator agrees that such consideration is adequate and sufficient.

6.3 Limited Rights Retained: Unless otherwise agreed in a separate written agreement between XetaBytes and Creator, the Creator retains moral and personal rights only to the extent not waivable under applicable law; however, Creator agrees to waive attribution and moral rights to the maximum extent permissible and not to challenge XetaBytes’ exploitation of Campaign Content under the license granted.

6.4 Assignment Option: If XetaBytes requires absolute assignment of copyrights for a specific Campaign Content, XetaBytes and Creator will execute a separate written assignment agreement specifying additional consideration and terms. No assignment occurs automatically beyond the exclusive license in Section 6.1.

6.5 Creator Warranties & Releases: Creator warrants that: (a) Creator owns and/or controls all rights in Campaign Content and has the full right to grant the license in Section 6.1; (b) Campaign Content does not infringe third-party copyrights, trademarks, privacy or publicity rights; (c) Creator has obtained all necessary releases, consents and licenses (including model and music releases) from any third party appearing in or contributing to Campaign Content; and (d) all information provided to XetaBytes is accurate. Creator will provide copies of releases and documentation upon XetaBytes’ request.

6.6 Indemnity for IP Claims: Creator will indemnify, defend and hold harmless XetaBytes from any claims arising from Creator’s breach of Section 6.5, including third-party IP claims.

7. BRAND RIGHTS & LICENSES

7.1 Any license or right granted by XetaBytes to a Brand for Campaign Content is determined by XetaBytes in its sole discretion. Where XetaBytes grants a license to a Brand, XetaBytes remains the licensor and determines scope, duration and fees. Brands have no ownership rights except to the extent set out in a separate, written agreement.

8. OBLIGATIONS & COMPLIANCE

8.1 Creators and Brands shall comply with all applicable laws, advertising and disclosure rules, platform policies and campaign terms. Creators must disclose sponsored content as required by law and platform rules. XetaBytes may provide guidance but is not responsible for Creators’ compliance.

9. NO REFUNDS; NO FINANCIAL LIABILITY

9.1 All onboarding fees are final and non-refundable. XetaBytes will not issue refunds, credits, or financial assistance for any cause (including but not limited to campaign non-performance, Brand non-payment, cancellations or disputes) except where XetaBytes elects in writing to do so.

9.2 XetaBytes shall not be held responsible for payments between Brands and Creators and is not obligated to act as escrow or guarantor, unless explicitly agreed otherwise in a separate written contract.

10. PROHIBITED CONDUCT

10.1 Prohibited uses include but are not limited to: misrepresentation or falsification of metrics, upload of infringing content, impersonation, malware distribution, circumventing platform fees, coercive behavior, and any act causing harm to XetaBytes or Users. XetaBytes may take remedial action including immediate suspension, withholding of campaign materials or payouts, removal of content and termination of accounts.

11. SUSPENSION, TERMINATION & DATA RETENTION

11.1 XetaBytes may suspend, restrict, or terminate accounts or access at any time for any reason, including suspected fraud or breach. XetaBytes will not be liable for damage or loss resulting from such actions.

11.2 On termination, XetaBytes may retain Campaign Content, communications, and records for business, legal, audit or enforcement purposes in accordance with the Privacy Policy.

12. INDEMNITY

12.1 You shall indemnify and hold XetaBytes harmless (and its officers, partners, employees and agents) from and against all claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your Campaign Content or other submissions; (c) any claim by third parties in connection with Brand-Creator transactions; or (d) your failure to obtain necessary releases or consents. XetaBytes may assume control of defense at its discretion.

13. WARRANTIES; DISCLAIMERS

13.1 THE SERVICE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, XETABYTES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XETABYTES DOES NOT WARRANT CAMPAIGN OUTCOMES OR BRAND PAYMENTS.

14. LIMITATION OF LIABILITY

14.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, XETABYTES, ITS AFFILIATES, OFFICERS, PARTNERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION.

14.2 XETABYTES’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE LIMITED TO THE TOTAL ONBOARDING FEES ACTUALLY PAID BY THE CLAIMANT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT APPLIES REGARDLESS OF LEGAL THEORY TO THE FULLEST EXTENT ALLOWED BY LAW.

15. DISPUTE RESOLUTION

15.1 Initial Notice & Processing: Before commencing litigation or arbitration, you must send a written notice describing the dispute to contact@xetabytes.com. XetaBytes will have 120 calendar days from receipt (the “Processing Period”) to investigate and attempt internal resolution. The Processing Period may be extended by mutual written agreement.

15.2 Tolling: Statutes of limitation are tolled while the Processing Period is in effect.

15.3 Carve-outs / Emergency Relief: Notwithstanding Sections 15.1–15.2, either party may seek urgent injunctive or equitable relief from a court of competent jurisdiction (including emergency relief in New Delhi) where necessary to protect rights that cannot be adequately remedied by monetary damages. Seeking such relief does not waive the requirement to attempt resolution under Sections 15.1–15.2 for other remedies.

15.4 Final Arbitration: If the dispute is not resolved within the Processing Period, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. Seat: New Delhi, India. Language: English. The award shall be final and binding. Each party bears its own costs unless the arbitrator orders otherwise.

15.5 Class Action Waiver: To the fullest extent permitted by law, disputes shall be resolved individually and Users waive the right to bring class, collective or representative actions.

16. THIRD-PARTY INTEGRATIONS & DISCLAIMERS

16.1 XetaBytes may require or recommend that Users integrate third-party services, APIs or tools (for audience verification, analytics, payment, or campaign measurement). By connecting, you authorize those third parties to access and process your data. XetaBytes is not responsible for third-party practices, security or compliance. Review third-party terms before authorizing integrations.

17. DATA REQUESTS; FEES; REFUSALS

17.1 All data/privacy requests must be sent to contact@xetabytes.com. XetaBytes may require identity verification. XetaBytes may refuse or charge a reasonable administrative fee for manifestly unfounded, excessive or repetitive requests, or where legal retention or fraud prevention obligations exist.

18. ASSIGNMENT; SUCCESSORS

18.1 XetaBytes may assign or transfer these Terms or any rights or obligations to affiliates or third parties without consent. You may not assign your rights without XetaBytes’ written consent.

19. SEVERABILITY; SURVIVAL; NO WAIVER

19.1 If any provision is held invalid or unenforceable, the remainder shall continue in full force. XetaBytes may, in its discretion, treat such provision as severed. Provisions intended to survive (ownership/license, indemnity, limitation of liability, dispute resolution) shall survive. No delay or omission in enforcement constitutes a waiver.

20. GOVERNING LAW & JURISDICTION

20.1 These Terms are governed by the laws of India. Subject to Sections 15 and 14, the arbitration procedure in Section 15 applies. XetaBytes may seek interim or injunctive relief in courts in New Delhi.

21. MISCELLANEOUS

21.1 Entire Agreement: These Terms, together with any expressly incorporated policies, constitute the full agreement between you and XetaBytes.

21.2 Contact: All official notices must be sent to contact@xetabytes.com.

21.3 Force Majeure: XetaBytes is not liable for failures caused by events beyond reasonable control.