Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) form a legally binding agreement between you and Sixsense Media Private Limited, a private limited company incorporated in India, having its registered office at Jyoti 404 Building, Mavdi Main Road, Rajkot, Gujarat 360004 (GSTIN: 24AFNFS7501L1ZM) (“Company”, “we”, “us”, “our”), the owner and operator of the mobile application and website PRLinkUp (together, the “Platform”).

By registering, accessing or using the Platform, you confirm that you have read, understood and agreed to these Terms, the Privacy Policy (Part B), the Payment, Payout, Tax and Refund Policy (Part C) and the Disclaimer (Part D). If you do not agree, do not use the Platform. These Terms are an electronic record under the Information Technology Act, 2000 and the rules made under it, and do not require physical or digital signatures.

2. Definitions

• Brand means any business, company, agency or individual that registers to post Campaigns and hire Creators.
• Creator means any influencer, content creator, theme page owner, meme page owner or similar social media account owner who registers to perform Campaign work.
• User means a Brand or a Creator.
• Campaign means a brief or job posted by a Brand and accepted by a Creator on the Platform.
• Deliverables means the posts, reels, stories, videos, shoutouts, captions, links or other work described in the Campaign.
• Campaign Fee means the amount agreed for a Campaign, exclusive of taxes and the Platform Fee.
• Platform Fee means the service fee of 10% of the Campaign Fee, charged only to the Brand, as displayed in the app at the time of the Campaign.
• Payment Partner means Razorpay Software Private Limited or any other RBI-authorised payment aggregator or bank we appoint.
• Approval means a Brand’s acceptance of Deliverables on the Platform, or deemed acceptance under clause 6.6.

3. Eligibility and Accounts

3.1 You must be at least 18 years old and capable of entering into a binding contract under the Indian Contract Act, 1872. Persons under 18 may not register. If you register on behalf of a business, you confirm that you are authorised to bind that business.

3.2 You must give true, complete and current information, including your name, mobile number, email, social media handles, business details and (for Creators) PAN and bank or UPI details. You must update it promptly if it changes.

3.3 Creators must own or lawfully control every social media account listed on the Platform. Buying, renting, sharing or impersonating accounts is prohibited. Follower counts, engagement and audience data must not be inflated by bots, purchased followers or engagement pods.

3.4 You are responsible for your login credentials and all activity under your account. Notify us immediately at help@prlinkup.com of any unauthorised use. One person or entity may hold only one account unless we agree otherwise.

3.5 We may require KYC and verification (including PAN, bank account verification and social account verification). We may refuse, delay or cancel registration or payouts where verification fails.

4. Nature of the Platform

4.1 We are a technology platform and intermediary that enables Brands and Creators to discover each other, agree on Campaigns and route payments. We are not an advertising agency, employer, agent, partner or joint venturer of any User.

4.2 Creators are independent contractors. Nothing in these Terms creates an employment, agency or partnership relationship between a Creator and a Brand, or between a Creator and us.

4.3 The contract for each Campaign is between the Brand and the Creator. We are not a party to it, except that we collect, hold and release payment as a limited payment-facilitation function described in Part C, and we may administer the dispute process in clause 10.

4.4 We do not guarantee that any Brand will find a suitable Creator, that any Creator will receive Campaigns, or that any Campaign will produce views, sales, followers or any particular result.

5. Brand Terms

5.1 Campaign briefs. A Brand must post a clear brief covering the Deliverables, platforms, number of posts, timelines, content guidelines, usage rights, whether content must stay live and for how long, and the Campaign Fee. A Brand may not materially change the brief after a Creator accepts it without the Creator’s written consent on the Platform.

5.2 Funding before work. A Campaign becomes active, and a Creator may start work, only after the Brand has paid the full Campaign Fee, the Platform Fee (10%) and applicable taxes through the Platform. Work started before payment is confirmed is at the Creator’s own risk.

5.3 Lawful products and claims. The Brand is solely responsible for its products, services, claims, offers, pricing, licences, warranties, delivery and customer support. Brands must not promote products or services that are illegal or restricted in India, including tobacco, betting and gambling, unlicensed financial products, narcotics, adult content, weapons, or anything prohibited by the Advertising Standards Council of India (ASCI) code or any other law.

5.4 Timely feedback. The Brand must review Deliverables and approve them, or request specific and reasonable revisions, within the review period in clause 6.5.

5.5 Products and access. Where a Campaign needs products, samples, coupon codes, links or account access, the Brand must provide them on time and at its own cost. A Creator delay caused by a Brand delay is not a Creator default.

6. Creator Terms and Campaign Workflow

6.1 Application and acceptance. A Creator may apply for or accept a Campaign. The Campaign begins when the Creator accepts it and the Brand’s payment is confirmed.

6.2 Performance. The Creator must deliver the Deliverables in line with the brief, quality standards and deadlines, from the account(s) named in the Campaign.

6.3 Mandatory disclosure. Creators must clearly disclose paid or sponsored content in line with the Consumer Protection Act, 2019, the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, and ASCI’s influencer guidelines (for example, by using #ad, #sponsored or the platform’s paid-partnership label). Creators must not make false or unverified claims about a product.

6.4 Submission of work. The Creator submits proof of work on the Platform (post link, screenshots, analytics or files, as the Campaign requires). Posts must remain live for the period stated in the brief; early deletion without the Brand’s consent may lead to a refund or a payout reduction.

6.5 Review period. After submission, the Brand has 2 (two) days to approve, reject with reasons, or request reasonable revisions within the original brief. Up to 2 revision rounds apply unless the brief states otherwise.

6.6 Deemed approval. If the Brand does not respond within the 2-day review period, the Deliverables are treated as approved, and the payout timeline in Part C starts.

6.7 Cancellation by Creator. If a Creator fails to deliver by the deadline (plus any extension of up to 3 days), or abandons the Campaign, the Brand may cancel and receive a refund as set out in Part C.

6.8 Cancellation by Brand. A Brand may cancel before the Creator starts work and receive a refund, subject to Part C. After work starts, cancellation is allowed only for Creator default or by mutual consent; otherwise the Creator is entitled to payment for work already done, as decided under clause 10.

7. Fees, Payments and Taxes (Summary)

7.1 Full details are in Part C, which forms part of these Terms.

7.2 Brands pay the Campaign Fee, the Platform Fee (10%) and applicable GST through Razorpay. Funds are held and settled through the Payment Partner’s mechanism until the Campaign is approved.

7.3 After Approval (or deemed Approval), we credit the Creator’s earnings to the Creator’s in-app wallet. The Creator may then withdraw the amount. Bank credit occurs within 7 (seven) days of the amount appearing in the wallet, subject to Part C, verification and legal holds.

7.4 Creators must provide a valid PAN. We deduct tax at source (TDS) as required by law. A Creator who does not provide a valid PAN, or whose PAN is inoperative or mismatched, may be subject to a higher TDS rate or a payout hold.

7.5 Each User is responsible for its own income tax, GST registration, filings and compliance. We do not give tax advice.

8. Content and Intellectual Property

8.1 Creator content. As between the Creator and the Brand, the Creator owns the original content and its copyright until the Campaign Fee is paid in full. On Approval and payment, the Creator grants the Brand a non-exclusive, non-transferable licence to use, repost and display the Deliverables on the Brand’s own channels for the usage period and purpose stated in the brief (default: 90 days, organic social media only). Paid ads, whitelisting, dark posts, TV, print or outdoor use need a separate written agreement and fee.

8.2 Brand materials. The Brand grants the Creator a limited licence to use the Brand’s name, logos, products and materials solely to create and publish the Deliverables. The Brand confirms that it holds all rights needed for those materials.

8.3 Third-party content. Creators must not use copyrighted music, footage, images, fonts or other material without a valid licence. Creators are responsible for following each platform’s music rules for commercial content.

8.4 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, display and reproduce your profile and Campaign descriptions and, once a Campaign is completed, a link or thumbnail of the Deliverables, to operate and promote the Platform. Brand names and logos may be used as a reference unless you opt out in writing.

8.5 Our IP. The Platform, software, design, logos, trademarks, text and data (excluding User content) belong to us or our licensors. No right is granted except to use the Platform as intended.

9. Prohibited Conduct

You must not:

• post false, misleading, defamatory, obscene, hateful, discriminatory or illegal content, or content that violates the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 or any other law;
• use fake accounts, bots, purchased engagement or deceptive analytics screenshots;
• impersonate any person or entity, or misrepresent an affiliation;
• harass, threaten or abuse other Users or our staff;
• scrape, copy, reverse engineer, probe or attack the Platform, or upload malware;
• use the Platform for money laundering, fraud, chargeback abuse or any unlawful transaction;
• manipulate reviews, ratings or the dispute process;
• share the personal data of others without a lawful basis; or
• use the Platform to circumvent clause 11.

10. Disputes Between Users

10.1 Users must first try to resolve any issue directly through in-app chat within 3 days.

10.2 If the issue is unresolved, either User may raise a dispute on the Platform, with evidence, within 7 days of the submission date or deadline. Payout to the Creator is paused for the disputed amount only.

10.3 We may review the brief, chat, proof of work, analytics and platform links, and may ask for more information. Based on the evidence, we may decide to (a) release the full amount to the Creator, (b) refund the Brand in full, or (c) split the amount in proportion to the work done. We aim to decide within 10 working days of receiving complete evidence.

10.4 Our decision on how funds held by us are released is final for payment purposes, and does not stop either User from pursuing remedies against the other under clause 15. We act as a facilitator, not as a judge or arbitrator of the underlying contract.

10.5 Where either User gives false evidence or abuses the dispute process, we may suspend the account, withhold funds to the extent permitted by law, and recover our costs.

11. Non-Circumvention

For 12 months after you first meet a User through the Platform, you must not use the Platform to find that User and then deal with them off the Platform to avoid the Platform Fee for the same or a follow-on Campaign. If you do, we may charge the Platform Fee that would have been payable, suspend your account and recover reasonable costs. Off-platform payments are at your own risk, are not covered by our dispute process and are not protected by us.

12. Suspension and Termination

12.1 You may close your account at any time after completing or cancelling active Campaigns and settling outstanding amounts.

12.2 We may suspend, restrict or terminate your account, remove content, or withhold payouts (to the extent allowed by law) if we reasonably believe that you have breached these Terms or the law, supplied false information, committed or been connected with fraud, or caused chargebacks, or if required by a court, regulator or Payment Partner.

12.3 On termination, accrued rights, payment obligations, licences already granted, and the clauses on intellectual property, liability, indemnity, disputes and governing law continue to apply.

13. Disclaimers and Limitation of Liability

13.1 The Platform is provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, uninterrupted operation, the accuracy of Users’ information and the results of any Campaign.

13.2 We are not responsible for the acts, omissions, content, products, services or payments of any User, or for social media platform actions (including reach changes, bans, takedowns, copyright strikes or API changes).

13.3 To the maximum extent permitted by law, our total liability for any claim connected to the Platform is limited to the Platform Fee we received from you for the Campaign giving rise to the claim, or ₹10,000, whichever is higher. We are not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, goodwill or data.

13.4 Nothing in these Terms excludes liability that cannot be excluded by law, including liability for fraud or wilful misconduct, or any rights a consumer has under the Consumer Protection Act, 2019.

14. Indemnity

You will indemnify and hold harmless the Company, its directors, employees and partners from claims, losses, penalties and reasonable legal costs arising from (a) your breach of these Terms or the law, (b) your content, products, Campaigns or claims, (c) infringement of any third-party right by your materials, or (d) your tax or regulatory non-compliance.

15. Governing Law, Arbitration and Jurisdiction

15.1 These Terms are governed by the laws of India.

15.2 Any dispute with us arising from these Terms will first be raised with our Grievance Officer (clause 17). If it is not resolved within 30 days, it will be finally settled by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual consent (or by the Company, subject to the Act). The seat and venue of arbitration are Rajkot, Gujarat, the language is English, and the arbitrator’s award is final and binding.

15.3 Subject to arbitration, the courts at Rajkot, Gujarat have exclusive jurisdiction, except that nothing stops us from seeking urgent injunctive relief in any competent court.

15.4 Nothing here limits the statutory rights of consumers to approach consumer commissions.

16. General

16.1 Changes. We may update these Terms. Material changes will be notified in the app or by email at least 7 days before they take effect. Continued use means acceptance; Campaigns already active continue under the Terms in force when they started.

16.2 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural events, government action, banking or telecom outages, platform outages or pandemics.

16.3 Severability, waiver and assignment. If any term is unenforceable, the rest continues to apply. Failure to enforce a term is not a waiver. You may not assign your account; we may assign these Terms in a merger, restructuring or sale.

16.4 Entire agreement. These Terms, together with Parts B, C and D, are the entire agreement between you and us regarding the Platform.

16.5 Notices. We may send notices by email, in-app notification, SMS or WhatsApp to the details you have provided.

17. Grievance Officer and Contact

In line with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, you can contact our Grievance Officer using the details below. We acknowledge complaints within 48 hours and aim to resolve them within one month.