Creator Terms of Service

For purposes of these Terms, the following definitions shall apply (whether used in singular or plural form):

• “Brand” means any business, advertiser, agency, or other third party that engages creators through NanoMarket for promotional, advertising, or related services.
• “Campaign” means any paid or unpaid engagement, brief, collaboration, endorsement, story, reel, post, live, or other deliverable arranged through NanoMarket.
• “Deliverable” means any content, post, story, reel, video, caption, mention, link, sticker, location tag, or other material you create, publish, or make available pursuant to a Campaign.
• “Network” means the NanoMarket Network — NanoMarket's roster of approved creators eligible to receive Campaign opportunities.
• “Platform” means Instagram or any other social media or distribution channel designated in a Campaign brief.
• “Required Retention Period” means the period during which a Deliverable must remain publicly available, unmodified in any material respect, as specified in the applicable Campaign brief or, if unspecified, a minimum of thirty (30) consecutive days from first public publication (or such longer period as NanoMarket or the Brand may reasonably require in writing).

2.1 You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher), have full legal capacity to enter into these Terms, and are not prohibited under applicable law from providing advertising or promotional services.

2.2 Submission of an application does not create any obligation on NanoMarket to accept you into the Network, assign Campaigns, or provide compensation. Acceptance into the Network is at NanoMarket's sole and absolute discretion and may be revoked at any time subject to these Terms.

2.3 You agree to provide accurate, current, and complete information in your application and to promptly update such information. Misrepresentation of follower counts, engagement, location, identity, or audience composition constitutes a material breach.

3.1 You are an independent contractor and not an employee, agent, partner, or joint venturer of NanoMarket or any Brand. Nothing in these Terms shall be construed to create an employment relationship, and you shall not be entitled to employee benefits of any kind.

3.2 You are solely responsible for all taxes, statutory contributions, and filings arising from any amounts you receive in connection with Campaigns. NanoMarket may require invoices, KYC, PAN, GST, or other documentation prior to payment.

3.3 NanoMarket may introduce you to Brands and facilitate Campaigns, but unless expressly agreed in writing, NanoMarket does not guarantee volume of opportunities, rates, timelines, or outcomes.

4.1 Each Campaign may be governed by a separate brief, statement of work, insertion order, or written confirmation (email or in-product messaging shall suffice) specifying deliverables, timelines, talking points, disclosures, usage rights, fees, and retention requirements. In the event of conflict between a Campaign brief and these Terms, the Campaign brief shall control solely with respect to the commercial and creative particulars of that Campaign; these Terms shall otherwise control.

4.2 Upon accepting a Campaign, you agree to perform all Deliverables in a professional, timely, and brand-safe manner, strictly in accordance with the brief, applicable Platform rules, and all laws, including without limitation the Guidelines for Influencer Advertising on Digital Media issued by the Advertising Standards Council of India (ASCI), the Consumer Protection Act, 2019, and any applicable disclosure, endorsement, or advertising regulations.

4.3 You shall clearly and conspicuously disclose material connections with Brands using required labels (including, where applicable, “Paid Partnership”, “Ad”, “Sponsored”, or equivalent) and shall not conceal or obscure such disclosures.

4.4 Time is of the essence for Campaign timelines. Failure to publish within the agreed window without prior written approval constitutes a material breach and may result in non-payment, clawback, and/or removal from the Network.

5.1 Mandatory retention. You covenant and agree that each Deliverable shall remain publicly accessible on the designated Platform, in the format and placement specified in the Campaign brief, for the entire Required Retention Period, and shall not be deleted, archived in a manner that removes public access, set to private, unlisted (where applicable), hidden via close friends or equivalent restricted audiences (unless the brief expressly authorises the same), or otherwise made unavailable to the general public audience contemplated by the Campaign.

5.2 Material alterations prohibited. During the Required Retention Period, you shall not materially edit, replace, caption-swap, remove tags, remove links, remove location stickers, remove branded effects, or otherwise alter a Deliverable in a manner that diminishes the promotional value reasonably expected by NanoMarket or the Brand, except with prior written consent.

5.3 Deletion or early removal — automatic breach. If any Deliverable is deleted, removed, restricted, made private, taken down (whether by you, by Platform enforcement, by copyright claim, or otherwise), or rendered non-compliant during the Required Retention Period, such event shall constitute an automatic and material breach of these Terms and of the applicable Campaign, irrespective of intent, unless NanoMarket has provided prior written waiver.

5.4 Consequences of deletion or non-retention. Upon any breach under Clause 5.3, NanoMarket may, without prejudice to any other rights or remedies available at law or in equity, and without prior notice where commercially reasonable:

• immediately suspend or permanently remove you from the Network;
• cancel pending or future Campaign assignments;
• withhold, reduce, offset, or claw back any fees, deposits, or consideration attributable to the affected Campaign (including requiring prompt repayment of amounts already paid);
• notify the affected Brand and cooperate in remediation, including requiring re-posting of equivalent Deliverables at your sole cost and within a deadline specified by NanoMarket; and
• pursue recovery of losses, including Brand chargebacks, make-goods, platform fees, and reasonable administrative costs.

5.5 Platform takedowns. You remain fully responsible for Deliverables removed by a Platform due to policy violations, copyright claims, community guidelines enforcement, or account restrictions. Platform action does not excuse your retention obligations and may independently trigger Network removal under Clause 5.4 and Clause 11.

5.6 Evidence and audit. NanoMarket and Brands may monitor, screenshot, archive, or otherwise record Deliverables for compliance verification. You agree to promptly provide proof of posting, analytics, screenshots, and access necessary to verify retention and performance upon request.

5.7 Reposting does not cure without consent. Unilateral re-uploading of a deleted Deliverable does not automatically cure a breach. Cure, if any, requires NanoMarket's written acceptance and may be conditioned on extended retention, fee adjustment, or additional Deliverables.

You shall not, directly or indirectly:

• purchase, inflate, or misrepresent followers, views, likes, comments, saves, shares, or other engagement metrics;
• use bots, farms, pods, giveaway rings, or deceptive engagement practices;
• publish unlawful, defamatory, obscene, hateful, harassing, discriminatory, or infringing content in connection with a Campaign or in a manner that associates NanoMarket or a Brand with the same;
• make false, misleading, or unsubstantiated product claims;
• disclose confidential briefs, pricing, Brand contact details, or non-public Campaign information without authorisation;
• bypass NanoMarket to solicit or contract with a Brand introduced through the Network for substantially similar engagements during your participation and for six (6) months thereafter, except with NanoMarket's prior written consent (non-circumvention);
• impersonate any person or misrepresent your affiliation with NanoMarket or any Brand.

Any violation of this Clause 6 constitutes material breach and may result in immediate Network removal, forfeiture of fees, and legal action.

7.1 Subject to payment of agreed fees (if any) and except as otherwise set out in a Campaign brief, you retain ownership of your underlying creative expression in Deliverables, provided that you hereby grant NanoMarket and the applicable Brand a worldwide, royalty-free, transferable, sublicensable, non-exclusive licence to use, reproduce, distribute, display, adapt, clip, and create derivative works from the Deliverables for advertising, marketing, reporting, and archival purposes, in any media now known or later developed, for the period specified in the brief or, if unspecified, for one (1) year from publication (and in perpetuity for internal archival and legal compliance copies).

7.2 You represent that Deliverables are original to you (or that you have all rights necessary), do not infringe third-party rights, and that you have obtained all releases for persons, music, locations, and trademarks appearing therein as required.

7.3 Brand trademarks and materials remain the exclusive property of the Brand. Your use is limited to the Campaign scope and shall cease upon Campaign completion or earlier request.

8.1 Fees, if any, are earned only upon satisfactory completion of Deliverables and compliance with retention and disclosure obligations. NanoMarket may condition payment on Brand approval, proof of posting, and expiry of a dispute window.

8.2 NanoMarket may withhold or claw back fees where Deliverables are deleted early, non-compliant, fraudulent, late, incomplete, or rejected for brand-safety reasons attributable to you.

8.3 Unless otherwise agreed in writing, payment timelines are targets only and may depend on Brand remittance to NanoMarket.

You shall keep confidential all non-public information relating to Brands, Campaigns, pricing, product roadmaps, and NanoMarket business affairs, and shall not disclose the same except to the extent required by law or with prior written consent. This obligation survives termination for three (3) years (and indefinitely for trade secrets).

NanoMarket processes personal data as described in our Privacy Policy. You consent to such processing as necessary to operate the Network, evaluate applications, run Campaigns, prevent fraud, and comply with law. You shall not scrape, misuse, or unlawfully share personal data obtained through the Services.

11.1 NanoMarket may suspend or permanently remove you from the Network, with or without cause, including without limitation for: breach of these Terms; deletion or non-retention of Deliverables; brand-safety incidents; fraud or metric manipulation; legal or Platform account issues; inactivity; Brand complaints; or where continued participation presents reputational, legal, or commercial risk.

11.2 Upon removal or termination, your eligibility for new Campaigns ceases immediately. Obligations as to already-published Deliverables (including retention, licence, confidentiality, non-circumvention, and clawback) survive according to their terms.

11.3 You may request withdrawal from the Network by written notice to info@nanomarket.in, provided that outstanding Campaign obligations must still be completed unless NanoMarket agrees otherwise in writing.

You continuously represent and warrant that:

• all information you provide is true, accurate, and not misleading;
• you control the Platform account(s) used for Deliverables and have authority to post thereon;
• your account is in good standing and not subject to undisclosed restrictions, shadowbans, or authenticity flags known to you;
• you will comply with all applicable laws and Platform terms; and
• Deliverables will not subject NanoMarket or Brands to claims, takedowns, or regulatory action attributable to your acts or omissions.

You shall indemnify, defend, and hold harmless NanoMarket, Brands, and their respective directors, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Deliverables or conduct; (b) breach of these Terms or a Campaign brief; (c) deletion or early removal of Deliverables; (d) infringement of third-party rights; (e) failure to disclose material connections; (f) fraud or metric manipulation; or (g) violation of law or Platform policies.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANOMARKET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NANOMARKET DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE ACCESS, ANY PARTICULAR VOLUME OF CAMPAIGNS, OR ANY PARTICULAR ECONOMIC OUTCOME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NANOMARKET'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID TO YOU BY NANOMARKET FOR THE SPECIFIC CAMPAIGN GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT, OR INR 5,000, WHICHEVER IS LOWER. IN NO EVENT SHALL NANOMARKET BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

NanoMarket shall not be liable for delay or failure caused by events beyond its reasonable control, including Platform outages, changes to Platform APIs or policies, strikes, acts of God, epidemic, war, terrorism, or governmental action. For clarity, Platform enforcement against your account or content is not force majeure relieving your retention duties under Clause 5.

NanoMarket may amend these Terms from time to time by posting an updated version on this page and updating the effective date. Material changes may additionally be notified by email or in-product notice. Continued participation in the Network after the effective date constitutes acceptance of the amended Terms. If you do not agree, you must cease participation and notify us before the effective date.

18.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

18.2 Subject to Clause 18.3, courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over disputes arising out of or relating to these Terms, subject to any mandatory consumer protections that cannot be waived.

18.3 Before initiating formal proceedings, the parties shall attempt good-faith negotiation for fifteen (15) days following written notice of dispute to info@nanomarket.in.

19.1 Entire agreement. These Terms, together with Campaign briefs and policies referenced herein (including the Privacy Policy), constitute the entire agreement between you and NanoMarket regarding the subject matter hereof and supersede prior understandings relating thereto.

19.2 Severability. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

19.3 Waiver. Failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

19.4 Assignment. You may not assign these Terms without NanoMarket's prior written consent. NanoMarket may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

19.5 Notices. Notices to NanoMarket shall be sent to info@nanomarket.in. Notices to you may be sent to the email associated with your application or account.

19.6 Electronic acceptance. Checking an acceptance box, submitting an application, or continuing use of the Services constitutes your electronic signature and intent to be bound.

19.7 Survival. Clauses 5, 6 (as applicable), 7, 8.2, 9, 11.2, 12–16, 18, and 19 survive termination or Network removal.

Questions regarding these Terms may be directed to info@nanomarket.in.