IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THE PLATFORM: This End-User License & Platform Acceptance Agreement (“Agreement”) is a legally binding contract between you, the Enterprise Client (“EC”), and TTL Media Pvt. Ltd. (“Company”), the operator of the Oye Creators platform. By clicking “I Agree,” registering an account, submitting a campaign, or making any payment on the platform, you expressly agree to all terms herein. If you do not agree, do not use the platform.
1. PARTIES & DEFINITIONS
For the purpose of this Agreement, the following definitions apply:
"Platform" means the Oye Creators web application, mobile application, APIs, dashboards, and associated services operated by TTL Media Pvt. Ltd.
"Enterprise Client" or "EC" means the brand, agency, or legal entity that registers and uses the Platform for campaign management.
"Creator" means influencers, content creators, or digital publishers listed on the Platform.
"Campaign" means any influencer marketing activation, content collaboration, or creator engagement programme executed through the Platform.
"Content" means any media, copy, creative assets, videos, images, captions, or deliverables produced pursuant to a Campaign.
"Deliverable" means any specific output defined in the campaign brief agreed upon between the EC and the Creator.
"AI Services" means algorithmic tools, machine learning models, or automation features offered by the Platform.
"Personal Data" has the meaning ascribed under India's Digital Personal Data Protection Act, 2023 ("DPDP Act").
2. ACCOUNT ELIGIBILITY & AUTHORIZATION
2.1 Eligibility — You represent and warrant that: You are at least 18 years of age and legally competent to enter into binding contracts; you are duly authorized to represent and bind the entity on whose behalf you are registering; all registration information provided is accurate, current, and complete; the entity is validly constituted under applicable laws and not subject to any debarment, insolvency, or dissolution proceedings.
2.2 Account Obligations — You are responsible for maintaining the confidentiality of your login credentials. You must notify the Company immediately at support@oyecreators.com upon any unauthorized access or security breach. The Company is not liable for losses arising from failure to maintain credential security. Account sharing or transfer without written consent is prohibited and may result in immediate termination.
One registered account per legal entity. Sub-users or team members must be added through the platform's team management feature.
3. LICENSE GRANT & RESTRICTIONS
3.1 Limited License — Subject to your compliance with this Agreement and timely payment of applicable fees, the Company grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Platform solely for your internal business purposes of managing influencer marketing campaigns.
3.2 Restrictions — You shall not: reverse-engineer, decompile, or attempt to extract the Platform's source code or underlying algorithms; sublicense, resell, or commercially exploit the Platform or any part thereof without written consent; scrape, crawl, or systematically extract creator data, pricing, or algorithmic outputs; use the Platform for any illegal, fraudulent, or deceptive purpose; circumvent the Platform to engage Creators outside the Platform in order to avoid fees, during the term and for 12 months post-campaign; upload, transmit, or distribute malware, viruses, or any code designed to disrupt the Platform; use the Platform to promote prohibited categories including tobacco, alcohol (as per applicable law), weapons, gambling (without valid licence), pharmaceutical prescription drugs, multi-level marketing, and other categories listed in the Platform's Prohibited Content Policy.
4. CAMPAIGN MANAGEMENT TERMS
4.1 Campaign Submission & Approval — Campaign briefs submitted and approved are final. Changes post-activation may attract additional charges and revised timelines at the Company's discretion. The Company reserves the right to reject, pause, or terminate campaigns that violate laws, platform policies, community guidelines, or ethical standards without liability. Creator sourcing and booking commence only after (a) campaign approval and (b) receipt of full or agreed advance payment.
4.2 Creator Selection — Creator recommendations are generated using platform algorithms, performance data, and manual review. The Company does not guarantee acceptance by any specific Creator. Final Creator availability is subject to Creator confirmation and may change without prior notice. Historical Creator performance is indicative only and does not guarantee future results. In the event a confirmed Creator withdraws, the Company will use commercially reasonable efforts to source a replacement of comparable profile.
4.3 Content Approval & Publishing — The EC must review and approve or request revisions to Content within the timelines specified in the campaign brief (default: 48 business hours from submission). Failure to respond within the approval window constitutes deemed approval, and the Creator may proceed to publish. Approved and published Content cannot be disputed post-publication except on grounds of factual inaccuracy or legal/regulatory non-compliance. Creators retain creative expression within the approved brief. Subjective aesthetic preferences do not constitute grounds for rejection after approval.
The EC is solely responsible for ensuring that campaign briefs, claims, and instructions comply with ASCI Guidelines, FSSAI regulations, drug and cosmetic advertising laws, and all other applicable regulations.
5. INTELLECTUAL PROPERTY & CONTENT RIGHTS
5.1 Creator Ownership — Creators retain full ownership of original Content unless rights are expressly purchased via a separate Content Rights Agreement. Campaign Content may only be used within the scope of purchased rights (e.g., organic post only, boosting, whitelisting, paid media, out-of-home, ATL, website, internal communications). Each use category (paid advertising, whitelisting, boosting, media placement, website usage, outdoor/OOH, broadcast, commercial exploitation) requires separate licensing with corresponding fees. Rights granted are territorial and time-bound as specified in the Content Rights Agreement.
5.2 EC's Obligations on Provided Materials — The EC warrants ownership of or a valid licence to all logos, trademarks, trade dress, music, claims, creatives, and other materials submitted to the Platform or Creators. The EC shall indemnify, defend, and hold harmless the Company and Creators from any third-party claims, damages, costs, or losses arising from Client-provided materials.
5.3 Platform IP — All Platform software, algorithms, databases, design elements, and AI models are the exclusive intellectual property of TTL Media Pvt. Ltd. and are protected by applicable IP laws. No title or ownership in Platform IP is transferred to the EC by virtue of this Agreement or use of the Platform.
5.4 DMCA / Copyright Takedown — If you believe any Content on the Platform infringes your copyright, submit a takedown notice with full particulars to legal@oyecreators.com. The Company will act on valid notices within 7 business days.
6. PAYMENT, BILLING & TAXES
6.1 Payment Terms — All campaigns are prepaid unless a separate credit facility has been granted in writing. Platform fees, creator payouts, and applicable taxes are due as per the invoice issued by the Company. Delayed payments beyond the due date attract interest at 18% per annum (1.5% per month) on the outstanding amount. Delayed payments may result in campaign suspension or termination without liability to the Company.
6.2 Non-Refundability — All fees are non-refundable once campaign execution begins, including creator booking, content production initiation, or distribution commencement. Refund requests for campaigns not yet activated will be governed by the Refund & Cancellation Policy. Wallet credits may be issued at the Company's discretion in lieu of monetary refunds.
6.3 Taxes & GST — GST invoices will be generated based on the GSTIN profile selected at the time of campaign setup. The EC is responsible for providing accurate GST details. Incorrect filings due to EC error are solely the EC's liability. TDS deductions, if applicable, must be deposited within statutory timelines and TDS certificates furnished to the Company within 15 days. The Company is not responsible for cross-border tax implications arising from international brand operations.
6.4 Disputed Invoices — Invoice disputes must be raised in writing within 7 days of receipt. Undisputed amounts remain payable by the due date irrespective of any dispute on other line items.
7. PERFORMANCE, REPORTING & DISCLAIMERS
The EC acknowledges and accepts that: Social media performance is subject to platform algorithms, audience behaviour, seasonality, and factors outside the Company's control. Unless separately contracted as a performance guarantee in writing, the Company does not guarantee impressions, reach, views, engagements, followers, leads, sales, downloads, app installs, or ROI. Campaign reports are based on data provided by social media platforms and Creators at the time of reporting. Third-party data discrepancies are not the Company's responsibility. Performance benchmarks shared during sales or pitching are indicative and based on historical averages; they do not constitute contractual commitments. The Company shall provide reports within mutually agreed timelines. Delays in Creator data submission may cause report delays.
8. AI SERVICES DISCLOSURE & CONSENT
The EC expressly consents to and acknowledges: AI may be used for creator discovery and matching, campaign optimization, content performance analysis, reporting, pricing suggestions, fraud detection, and workflow automation. AI-generated recommendations are advisory in nature. Final decisions on creator selection, budget allocation, and campaign parameters remain with the EC. The Company does not warrant that AI outputs are error-free, unbiased, or suitable for any particular purpose. AI models may be updated or replaced from time to time. The Company will notify ECs of material changes affecting active campaigns. Any Content moderation or compliance screening powered by AI is a supplementary measure. The EC remains solely responsible for ensuring their campaigns comply with applicable laws and guidelines.
AI tools used by the Platform comply with India's emerging AI governance frameworks and the Company's responsible AI principles. A summary is available on request.
9. DATA PROCESSING & PRIVACY
9.1 Data Collection — The Company may collect, store, process, and share: EC account and profile information (company details, contact persons, GSTIN, billing data); campaign data including briefs, budgets, targeting parameters, creatives, and approvals; communication logs (emails, in-platform messages, WhatsApp, calls) for quality and compliance; payment and transaction records as required by law and for audit purposes; usage and analytics data for platform improvement and security monitoring.
9.2 Data Use Purposes — Campaign execution, creator matching, and reporting; invoicing, tax compliance, and financial record-keeping; fraud prevention, security monitoring, and legal compliance; platform improvement, product development, and AI model training (on anonymized/aggregated basis); marketing and re-marketing communications (subject to opt-out rights).
9.3 Data Rights — Under the DPDP Act, 2023, you have the right to access, correct, and in certain cases erase your personal data. Submit requests to: dpo@oyecreators.com.
9.4 Data Retention — Campaign data is retained for a minimum of 7 years to comply with financial and regulatory obligations. Personal data will be deleted upon valid request unless retention is mandated by law.
9.5 Third-Party Sharing — Data may be shared with Creators (campaign-relevant data only), payment gateways, analytics partners, legal advisors, and regulatory authorities. The Company does not sell personal data to third parties for advertising purposes.
10. COMMUNICATION CONSENT
The EC authorizes TTL Media Pvt. Ltd. to contact the registered representatives via: Email (transactional and marketing), WhatsApp (campaign updates and approvals), SMS / RCS (alerts and notifications), Push Notifications (in-app and browser), and Phone Calls (account management and support) for campaign updates, invoice delivery, approval workflows, support resolution, and platform-related communications.
You may opt out of marketing communications at any time by clicking 'Unsubscribe' or contacting support@oyecreators.com. Transactional and legal communications cannot be opted out of while your account is active.
11. BRAND SAFETY, WARRANTIES & INDEMNIFICATION
11.1 EC Warranties — The EC warrants that: All campaign content, briefs, claims, assets, and creatives submitted are lawful, accurate, non-misleading, and compliant with ASCI, FSSAI, CPCB, SEBI (if applicable), and all other applicable regulations. The products/services promoted are duly licensed, approved, and lawfully marketed in the applicable territories. The campaign does not involve prohibited content categories as listed in the Platform's Prohibited Content Policy.
11.2 Indemnification — The EC shall indemnify, defend, and hold harmless TTL Media Pvt. Ltd., its directors, officers, employees, Creators, and partners from and against any claims, liabilities, penalties, fines, damages, and costs (including reasonable legal fees) arising from: any breach of this Agreement or associated policies by the EC; use of Client-provided materials that infringe third-party IP; false, misleading, or non-compliant campaign claims; violation of consumer protection, advertising standards, or data protection laws by the EC.
11.3 Limitation of Liability — To the maximum extent permitted by law, the Company's aggregate liability to the EC shall not exceed the total fees paid by the EC in the 3 months preceding the claim. The Company shall not be liable for indirect, incidental, consequential, punitive, or special damages.
12. PUBLIC PORTFOLIO & CASE STUDY CONSENT
The EC may grant or withhold permission for Oye Creators to mention the EC's brand name as a client in marketing materials, pitch decks, investor presentations, award submissions, case studies, and media coverage, and to use campaign screenshots, aggregate statistics, creative samples, and performance results (anonymized unless expressly permitted) for portfolio, awards, and marketing purposes.
Selecting 'Allow' greatly assists in showcasing work to potential industry partners and does not grant rights to disclose confidential campaign data or pricing. Aggregate anonymized data may still be used if permission is withheld.
13. TERM & TERMINATION
13.1 Term — This Agreement commences on the date of account registration and continues until terminated by either party.
13.2 Termination by EC — The EC may close their account by providing 30 days' written notice. Active campaigns must be concluded or transferred before closure. Outstanding payables must be settled before account closure.
13.3 Termination by Company — The Company may suspend or terminate an EC account with immediate effect upon: material breach of this Agreement or any associated policy; non-payment of dues beyond 30 days of the due date; fraudulent activity, misrepresentation, or misuse of the Platform; or a regulatory or legal directive requiring suspension. Upon termination, all licenses granted herein cease immediately. The EC's data will be handled per the Data Retention policy in Section 9.4.
14. DISPUTE RESOLUTION & GOVERNING LAW
14.1 Informal Resolution — In the event of a dispute, both parties shall attempt to resolve it amicably within 30 days through designated account managers and senior management.
14.2 Arbitration — If the dispute is not resolved informally, it shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed, in English, seated in Pune, Maharashtra. The arbitral award shall be final and binding.
14.3 Governing Law & Jurisdiction — This Agreement is governed by and construed in accordance with the laws of India. Courts at Pune, Maharashtra shall have exclusive jurisdiction over disputes not referred to arbitration.
15. GENERAL PROVISIONS
Entire Agreement: This Agreement, together with the Terms of Service, Privacy Policy, Refund Policy, Content Rights Policy, Payment Policy, and Prohibited Content Policy, constitutes the entire agreement and supersedes all prior understandings.
Amendments: The Company may update this Agreement from time to time. Updated versions will be posted on the Platform. Continued use after 14 days of notification constitutes acceptance.
Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement rights.
Assignment: The EC may not assign this Agreement without prior written consent. The Company may assign it to a successor entity.
Force Majeure: Neither party is liable for delays caused by events beyond reasonable control including natural disasters, government actions, platform outages, or pandemics.
Notices: Legal notices must be sent to legal@oyecreators.com and by courier to the Company's registered address.