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Brand Master Service Agreement

Last updated: May 2026 · Version 1.0

Key points: Gigahat is a technology facilitator only. Brands must fund campaigns upfront. Content review window is 7 days (14 on the Standard plan) before auto-release. The platform commission (12%–20% by plan) is non-refundable. Brands bear full liability for product claims.

1. Platform Role as Technology Facilitator

Gigahat is a technology facilitator ONLY. The Platform is not responsible for Creator performance, campaign results, or guaranteeing Return on Investment (ROI) or engagement metrics. The metrics displayed on the Platform are sourced from third-party APIs (Instagram, YouTube); Gigahat does not verify their absolute accuracy and is not liable for API inaccuracies.

2. Brand Obligations and Funding

2.1. Operational Duties The Brand must provide accurate GST and company information. The campaign brief must not violate any Indian law. Non-Circumvention: For twelve (12) months after being introduced to a Creator through the Platform (including viewing their application), the Brand shall not engage, contract with, or pay that Creator outside the Platform. Doing so constitutes a material breach. The Brand shall be liable for a circumvention fee equal to 20% of the value of the off-platform engagement or ₹25,000 (Rupees Twenty-Five Thousand), whichever is higher, in addition to immediate account suspension. Off-platform engagements also forfeit every Platform protection: no escrow, no GST-compliant invoice, no TDS handling under Section 194-O, and no dispute resolution. 2.2. Campaign Funding The Brand must fund the full campaign budget upfront via the Razorpay payment gateway before the campaign is activated and briefs are sent to Creators. 2.3. Review Windows The Brand must review submitted content within the applicable review window: seven (7) days on the Performance and Guaranteed plans, fourteen (14) days on the Standard plan. After the window lapses, the payment auto-releases to the Creator, and no reversal is possible.

3. Campaign Content Liability (Maximum Indemnity)

3.1. Responsibility for Claims The Brand assumes absolute and unmitigated liability for the accuracy, legality, and safety of the product or service being advertised. The Brand shall not instruct the Creator to make false claims, bait advertisements, or surrogate advertisements as defined under the Guidelines for Prevention of Misleading Advertisements, 2022. If the Brand provides false product information, it bears sole legal responsibility. 3.2. Absolute Indemnification The Brand agrees to fully indemnify and hold Gigahat harmless against: • Consumer complaints or lawsuits regarding defective products. • ASCI violations resulting from Brand-instructed content. • Misleading advertising claims investigated by the CCPA. • Any regulatory action stemming from the campaign content, including violations of the Drugs and Magic Remedies Act.

4. Payment Finality and Waivers

4.1. Irreversible Payments Payment is non-refundable once released to the Creator. The auto-release triggered after the applicable review window of Brand inactivity is irreversible. 4.2. Chargeback Waiver The Brand explicitly waives the right to initiate a payment dispute or chargeback with their bank or credit card provider after they have approved the content in the workspace. 4.3. Platform Fees The Platform fee (the commission of 12%, 15%, or 20% set by the plan selected at campaign creation) is non-refundable under any circumstances once the campaign begins. A partial refund of the amount in secure payment holding via Razorpay is only applicable if the Creator delivers zero content or partial deliverables.

5. IP and Content Rights

5.1. Licensing Scope The Brand receives a twelve (12) month digital license to the content. This license is strictly limited to digital marketing. The Brand cannot use the content for TV or print without negotiating an additional fee. The Brand cannot edit the content to change its fundamental meaning. The Brand must credit the Creator when boosting posts, and cannot use the content after the license expires.

6. Dispute Resolution and Confidentiality

6.1. Dispute Mechanics If a dispute arises, it must be raised within forty-eight (48) hours of content submission. The Platform will mediate, and its decision regarding the quality of the deliverable is FINAL and binding on both parties. No court action is permitted during active dispute resolution. Arbitration applies only after platform mediation fails. 6.2. Confidentiality The Brand cannot share Creator rates publicly, share the Platform commission structure, or use Platform data for competitor analysis.