Terms and Conditions

Last Updated: April 23, 2026

Effective Date: April 23, 2026

Website: https://www.vitaay.ai

Contact: connect@vitaay.ai

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vitaay ("Vitaay," "we," "us," or "our") governing your access to and use of the Vitaay platform, website, and all associated services available at vitaay.ai.

By submitting an application, registering an account, clicking "I Agree," or using the Vitaay platform in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies posted on the platform. If you do not agree, you must not use Vitaay.

These Terms apply to users worldwide. Where your jurisdiction provides specific consumer protections, statutory rights, or mandatory applicable law that differ from or supersede these Terms, those statutory rights shall apply to the extent required by applicable law.

2. About the Platform

Vitaay is an AI-powered influencer marketing marketplace that connects:

Brands — Businesses across industries (Fashion & Beauty, Technology, Food & Beverage, Health & Fitness, Travel, Finance, Education, Entertainment, and others) seeking to partner with content creators for authentic marketing campaigns.
Creators — Influencers and content creators across platforms including Instagram, TikTok, YouTube, and Twitter/X who wish to collaborate with brands aligned to their content and audience.

Vitaay facilitates introductions, AI-powered matchmaking, campaign management, and partnership agreements. Vitaay is a platform intermediary and is not a party to individual brand-creator agreements unless expressly stated. Vitaay does not employ creators or maintain an employment or agency relationship with any creator.

3. Eligibility

You must be at least 13 years of age (or the age of majority in your jurisdiction, if higher) to use Vitaay
Brands must be legally registered businesses or sole proprietors with authority to enter into contracts on behalf of their organization
Creators must own or have legitimate control over the social media accounts they register with Vitaay
You must have the legal capacity to enter into binding agreements in your jurisdiction
Users who have been previously suspended or permanently banned from Vitaay are not eligible to re-register without express written permission from Vitaay

By using the platform, you represent and warrant that you meet all eligibility requirements.

4. Account Registration & Responsibilities

4.1 Brands

Must provide accurate company name, contact details, industry, and budget information
Are responsible for the accuracy of campaign briefs, deliverables, timelines, and project details submitted
E-commerce: Must ensure that product details, pricing, inventory, and order-related information provided are accurate and regularly updated
Must have the authority to commit the budgets and resources specified in their applications
Must ensure their business registration and trading details are current and accurate

4.2 Creators

Must provide accurate personal details, genuine social media handles, and truthful audience and engagement data
Are responsible for ensuring their content, audience, and performance align with information submitted to Vitaay
Must promptly update their profile if audience size, engagement metrics, or content niche changes significantly
Must not artificially inflate metrics or misrepresent audience demographics

4.3 All Users

Are responsible for maintaining the confidentiality of their login credentials and account security
Must notify Vitaay immediately at connect@vitaay.ai of any unauthorized access or suspected breach of their account
Are responsible for all activity conducted through their account, whether authorized or not, unless resulting from Vitaay's negligence
Must not share account access with unauthorized third parties

5. Platform Use & Acceptable Conduct

You agree to use Vitaay only for its intended lawful purpose of facilitating brand-creator partnerships. The following are strictly prohibited:

Providing false, misleading, or fraudulent information in your profile or application
Artificially inflating follower counts, engagement rates, or audience metrics (including through bots, purchased followers, click farms, or engagement pods)
Approaching users obtained through Vitaay to conduct deals outside the platform in order to circumvent Vitaay's process or fees ("off-platform dealing") during and for 12 months after active platform engagement
Harassment, abusive, threatening, or discriminatory communication toward other users or Vitaay staff
Using Vitaay to promote, market, or facilitate illegal products, services, controlled substances, weapons, or activities
Attempting to reverse-engineer, scrape, copy, or extract data, source code, or proprietary algorithms from the platform
Impersonating any brand, creator, Vitaay employee, or any other individual or entity
Uploading malicious code, viruses, trojans, ransomware, or any content designed to disrupt or harm the platform
Transmitting unsolicited commercial communications (spam) to other users
Engaging in any activity that violates applicable laws, including but not limited to consumer protection, advertising standards, intellectual property, or data protection laws

Violations may result in immediate account suspension, permanent termination, removal of content, and/or referral to appropriate law enforcement or regulatory authorities, at Vitaay's sole discretion.

6. Brand Responsibilities

Brands are responsible for clearly communicating campaign expectations, deliverables, timelines, and compensation in their campaign briefs
Brands must honor agreed compensation to creators for delivered work as per mutual agreements executed through or facilitated by Vitaay
Brands are responsible for ensuring their products, services, and campaigns comply with applicable advertising standards, consumer protection laws, and industry regulations in all relevant jurisdictions
All claims made in influencer campaigns must be truthful, substantiated, and compliant with: (i) the ASCI guidelines; (ii) the US FTC Endorsement Guides; (iii) the UK ASA CAP Code; (iv) applicable EU Directive on Unfair Commercial Practices; and (v) any other applicable local advertising regulations
Brands are solely responsible for obtaining necessary regulatory approvals for campaigns in regulated industries (healthcare, pharmaceuticals, financial services, alcohol, tobacco, gambling, etc.)
Brands must ensure that campaign content complies with applicable intellectual property laws and that they have rights to use any brand assets shared with creators

7. Creator Responsibilities

Creators must clearly disclose paid partnerships and sponsored content in all jurisdictions where their content is accessible, including compliance with: (i) ASCI guidelines in India; (ii) FTC Endorsement Guides in the USA (#ad, #sponsored, or equivalent); (iii) ASA CAP Code in the UK; (iv) EU Directive requirements; and (v) any other applicable local disclosure laws
Creators are responsible for producing content that meets agreed brand guidelines, quality standards, and contractual deliverables
Creators must ensure they own or have the necessary rights, licenses, and permissions to all content they produce and deliver
Creators must not make false or misleading claims about brand products or services, including fabricated testimonials or unsubstantiated endorsements
Creators are solely responsible for their own tax obligations arising from income earned through the platform, including applicable income tax, GST, VAT, self-employment tax, or other applicable taxes in their jurisdiction
Creators in jurisdictions where creator income is regulated (e.g., specific platform income disclosure requirements) are responsible for compliance with those regulations

8. Advertising Disclosure & Regulatory Compliance

Vitaay is an influencer marketing platform operating globally. All users are required to comply with applicable advertising disclosure requirements. Key requirements include:

Jurisdiction	Regulation	Requirement
India	ASCI Guidelines 2021	#Ad or #Sponsored disclosure
USA	FTC Endorsement Guides 2023	Clear, conspicuous disclosure required
UK	ASA CAP Code	#Ad label required; ASA enforcement
EU	Unfair Commercial Practices Directive	Commercial intent must be disclosed
Canada	Competition Act / Ad Standards Canada	Clear disclosure of material connections

Non-compliance with advertising disclosure requirements is a material breach of these Terms and may result in account suspension or termination, in addition to any legal liability under applicable law.

9. Intellectual Property

9.1 Vitaay Platform IP: All software, algorithms, AI systems, machine learning models, designs, branding, trademarks, trade secrets, and proprietary content on the Vitaay platform are the exclusive intellectual property of Vitaay and are protected by applicable Indian, US, EU, UK, and international intellectual property laws. No license to reproduce, modify, distribute, reverse engineer, or create derivative works from Vitaay platform IP is granted.

9.2 User Content: Brands retain full ownership of their campaign briefs and brand assets. Creators retain full ownership of content they produce. By submitting content to Vitaay, you grant Vitaay a limited, non-exclusive, royalty-free, worldwide license to display, reproduce, and use that content solely for the purpose of operating the platform. This license terminates when you remove the content from our platform or close your account, subject to any operational or backup retention periods.

9.3 Campaign Content: Ownership of campaign content (videos, photos, posts, and other creative works) produced by creators for brands is governed by the specific agreement between the brand and creator. Vitaay is not responsible for disputes relating to campaign content ownership. We recommend that brands and creators execute clear written agreements specifying content ownership, usage rights, and licensing terms.

9.4 DMCA & Copyright Infringement (US Users): Vitaay complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed on our platform, please contact connect@vitaay.ai with the subject line "DMCA Notice". We will investigate and respond within a reasonable timeframe.

10. Fees, Payments & Commissions

Vitaay may charge service fees, platform commissions, or subscription fees for access to certain platform features. All fees are disclosed transparently on the platform prior to commitment.

All fees are quoted in the applicable currency and are exclusive of applicable taxes, including GST (India), VAT (EU/UK), HST (Canada), or other local taxes, which shall be added where applicable
Payments are processed via secure third-party payment providers in compliance with PCI-DSS standards
Vitaay is not liable for payment disputes between brands and creators beyond facilitating introductions; however, we may assist in mediation at our discretion
Refund policies for specific services will be communicated at the time of purchase; statutory consumer rights in your jurisdiction are not affected by our refund policy
Currency conversion for international transactions is handled by our payment provider; we are not responsible for foreign exchange rate fluctuations
Where Vitaay withholds or deducts taxes at source as required by applicable law, we will provide appropriate documentation

11. Disclaimers & Limitation of Liability

11.1 Platform Disclaimer: Vitaay provides a marketplace platform on an "as-is" and "as-available" basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific campaign outcomes, creator performance, brand ROI, engagement rates, or the success of any partnership.

11.2 No Endorsement: Vitaay does not endorse, verify, or guarantee the quality, reliability, accuracy, or legality of any brand's products or services or any creator's content. Due diligence before entering a partnership is the sole responsibility of both parties.

11.3 Limitation of Liability: To the maximum extent permitted by applicable law, Vitaay and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of or inability to use the Vitaay platform, including but not limited to: lost revenue, lost business, lost partnerships, reputational damage, loss of data, or costs of substitute services.

Our total aggregate liability to any user shall not exceed the greater of: (a) the total fees paid by that user to Vitaay in the 12 months immediately preceding the claim giving rise to liability; or (b) USD 100 (or equivalent in local currency).

Nothing in these Terms shall exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any statutory rights that cannot be excluded under applicable consumer protection laws in your jurisdiction. If you are a consumer in the EU, UK, or other jurisdiction with mandatory consumer protection laws, those statutory rights apply.

12. Indemnification

You agree to indemnify, defend, and hold harmless Vitaay and its officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of or inability to use the Vitaay platform; (b) your violation of these Terms or our Privacy Policy; (c) your violation of any applicable law or regulation, including advertising disclosure laws; (d) your violation of any third-party rights, including intellectual property rights; or (e) any dispute between you and another user.

13. Third-Party Social Media Platforms

Vitaay integrates with third-party social media platforms (Instagram/Meta, TikTok, YouTube/Google, Twitter/X, LinkedIn, or E-commerce) for profile verification, analytics, and campaign tracking. Use of these integrations is subject to the respective platform's terms of service and privacy policies. Vitaay is not responsible for: (a) changes to third-party platform APIs, policies, or access restrictions that may affect Vitaay's functionality; (b) the accuracy or completeness of data retrieved from third-party platforms; or (c) any actions taken by third-party platforms with respect to your accounts.

14. Platform Availability & Modifications

We reserve the right to modify, update, suspend, or discontinue any part of the Vitaay platform at any time for purposes including maintenance, security updates, regulatory compliance, or business reasons. We will endeavor to provide advance notice of significant changes or scheduled downtime where reasonably practicable. Vitaay is not liable to you or any third party for any modification, suspension, or discontinuation, except where required by applicable law.

15. Termination

You may close your account at any time by contacting connect@vitaay.ai or through account settings where available
Vitaay may suspend or permanently terminate accounts for violations of these Terms, fraudulent or abusive conduct, regulatory requirements, or at our reasonable discretion with notice where practicable
Upon termination, your access to the platform and any active campaigns will cease; however, outstanding obligations (e.g., payment for completed deliverables) remain legally enforceable
Provisions of these Terms that by their nature should survive termination will do so, including but not limited to: intellectual property provisions, limitation of liability, indemnification, and dispute resolution
Data handling upon termination is governed by our Privacy Policy

16. Dispute Resolution

16.1 Initial Resolution: In the event of a dispute between users, both parties are encouraged to first attempt resolution through direct, good-faith communication. If that fails, the dispute may be escalated to Vitaay's support team at connect@vitaay.ai for mediation assistance. Vitaay reserves the right, but not the obligation, to assist in mediating disputes between brands and creators.

16.2 Formal Dispute Resolution — Indian Users: Disputes not resolved through the above process shall be subject to binding arbitration under the Arbitration and Conciliation Act, 1996 (India) or, at Vitaay's election, to the exclusive jurisdiction of the competent courts of Gurugram, Haryana, India.

16.3 US Users — Arbitration Agreement & Class Action Waiver: For users in the United States: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Vitaay shall be resolved by binding individual arbitration under the rules of the AAA, and not in a court of law. YOU AND VITAAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.

16.4 EEA / UK Users: EEA consumers may have the right to submit disputes to the European Online Dispute Resolution (ODR) platform. UK consumers may contact the UK European Consumer Centre. These Terms do not affect any mandatory rights you have as a consumer under EU or UK law.

16.5 Australian Users: Australian consumers retain all rights under the Australian Consumer Law (ACL) regardless of any provisions in these Terms. Disputes may be referred to the ACCC or the relevant state Consumer Affairs body.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions, except where applicable mandatory consumer protection laws in your jurisdiction require otherwise. For the avoidance of doubt:

US users are also subject to applicable US federal and state law, including consumer protection regulations
EEA users are subject to applicable EU Directives, including the Consumer Rights Directive and Unfair Commercial Practices Directive
UK users are subject to applicable UK consumer protection legislation

18. Modifications to Terms

Vitaay reserves the right to update or modify these Terms at any time in response to legal changes, regulatory requirements, platform evolution, or business needs. Material changes will be communicated to registered users:

Via email notification to your registered email address at least 14 days before material changes take effect
Via in-platform notification upon login
Via a prominent notice on vitaay.ai

Continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not accept material changes, you must stop using the platform and may close your account.

19. Consumer Protections & Statutory Rights

Nothing in these Terms is intended to exclude, limit, or modify any consumer protection rights you have under the mandatory applicable laws of your jurisdiction, including but not limited to:

India: Consumer Protection Act 2019, e-Commerce Rules 2020, and DPDPA 2023
USA: Applicable state consumer protection laws, FTC Act Section 5, and state data protection statutes
EU: Consumer Rights Directive, Unfair Contract Terms Directive, and GDPR
UK: Consumer Rights Act 2015, Unfair Contract Terms Act 1977, and the Consumer Contracts Regulations 2013
Canada: Consumer Protection Act (Ontario and other provinces), Competition Act, and PIPEDA
Australia: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010)

20. Severability

If any provision of these Terms is found to be unenforceable, invalid, or contrary to applicable law under any jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions will continue in full force and effect. The unenforceability of any provision in one jurisdiction shall not affect the enforceability of that provision in any other jurisdiction.

21. Entire Agreement

These Terms, together with the Vitaay Privacy Policy, Cookie Policy (as updated on vitaay.ai), and any campaign-specific agreements entered into through the platform, constitute the entire agreement between you and Vitaay regarding your use of the Vitaay platform. These Terms supersede all prior agreements, understandings, negotiations, or representations, whether written or oral, relating to the subject matter herein.

22. Waiver

No failure or delay by Vitaay in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right. No single or partial exercise of any right shall preclude any further exercise of that or any other right.

23. Assignment

You may not assign or transfer any rights or obligations under these Terms without Vitaay's prior written consent. Vitaay may assign these Terms, in whole or in part, to any affiliate, successor entity, or in connection with a merger, acquisition, or asset sale, provided that the assignee assumes all obligations hereunder. Any purported assignment in violation of this section shall be null and void.

24. Force Majeure

Vitaay shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, government actions, pandemic, internet or telecommunications failures, power outages, or third-party platform disruptions. We will notify affected users and endeavor to resume normal service as soon as reasonably practicable.

25. Contact — Legal & General Enquiries

For any legal questions, account support, complaints, or general enquiries, please contact:

Legal & Support Team: Vitaay

Email: connect@vitaay.ai

Legal Subject: Legal Inquiry — Vitaay

Support Subject: Support — Vitaay

Response Time: 5 to 7 business days (mark URGENT for time-sensitive matters)