Terms

The website www.hashtwin.com belongs to Hashtwin; which is a registered trademark and powered by Vipzr Web Technology Services Pvt. Ltd. (Vipzr Group). Indian Company (“Hashtwin”, “us”, and “we”).

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Customer/Brand or as an Influencer/Content Creator). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

Introduction

1. Hashtwin has created the Hashtwin Platform to allow Brands and Influencers/ Content Creators to interact, form relationships, buy and sell Paid Content, and create and distribute sponsored Posts through the Creator’s Channels (YouTube, Instagram, Facebook, Twitter, and/or Blog/Website), with facilitation, support, control and direction provided by Hashtwin and in accordance with these Terms of Use. In these Terms of Use, Brands and Influencers/ Content Creators are collectively and individually referred to as “you” as the context requires. Influencer/ Content Creator will be referred as "Creator" throughout the agreement. A creator can offer the custom package to the Brand with any amount or can provide the services by using the predefined package with a fixed amount if a brand has opted the one. Both the terms will be stated as "Creator's Package" hereafter. 'Campain', 'Project',' job' will be treated as same as "Content Brief" or "Readymade Content Sharing" and/or "Subscribing/Buying, Raydemade/Custom Package of Creator"

2. The Hashtwin Platform allows Brands to find the right Creator via our automated self-service platform to create Influencer Marketing Campaigns and Content, which are then shared with Creators via the online platform. Brands can hand over the ready content directly to the selected Creator or Creator can create the custom content according to the Brands input (Data provided by Brand) after deciding the mutual compensation of the work. Brands and Creators can communicate with each other through Hashtwin platform. A Brand will pay, and the Creator will earn, compensation when:

(a) in relation to Readymade Content, the Brand provides the ready Post/Content and the Post/Content is published to the Creator’s Community via his or her Channels, as selected; or

(b) in relation to a Content Creation, the Brand provides the appropriate required data to create the custom content and approves Paid Content submitted by the Creator, and acquires rights to use that Paid Content in accordance with a Rights Licence.

3. Hashtwin also provides to Brands a range of manual and automated services to facilitate the development, conduct, and evaluation of Campaigns, both through the operation of the Hashtwin Platform and by way of Hashtwin Services agreed between Hashtwin and a Brand from time to time.

4. Your access to and use of the Hashtwin Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Hashtwin Platform, you agree to be bound by these Terms of Use, and these Terms of Use apply to all transactions conducted through the Hashtwin Platform. If you do not wish to be bound by these Terms of Use, do not use the Hashtwin Platform.

Terms for Brands

5. Paragraphs 6 to 50 apply only to Brands participating in the Hashtwin Platform and, along with paragraphs 1 to 4 and 99 to 148, govern use by Brands of the Hashtwin Platform.

REGISTRATION

6. To register an account to use the Hashtwin Services as a brand (“Brand Account”), you must access the Hashtwin Website and log in as specified within the Campaign Builder and these Terms of Use (including paragraphs 100 and 101), including providing your full name, email address, telephone number and password, and selecting your preferred payment method (Online, Offline or Invoice) and providing payment details where requested. You will not be charged to create a Brand Account.

7. If you are using the Hashtwin Platform on behalf of a Brand, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and bind the Brand to comply with these Terms of Use.

8. Hashtwin may, at its sole discretion, implement a minimum spend for Brand Accounts. You will be notified in writing of any such minimum spend.

9. You must nominate a primary contact for your Brand Account. The first user to register a Brand Account will automatically be selected as the primary contact, but the primary contact's identity and details may be edited through writing a request mail to us by an authorized person with access to the Brand Account. Hashtwin will use the details provided for the primary contact for all inquiries relating to the Brand Account.

10. You must use the Hashtwin Platform in a fair and reasonable way and for its intended purposes, and treat Creators in a fair and reasonable manner.

CONDUCT OF CAMPAIGNS/CONTENT BRIEF

11. Hashtwin reserves the right, in its sole discretion, to reject Campaigns/Content Briefs that do not comply with these Terms of Use.

12. Hashtwin retains control over any change to a Creator's nominated Post Fee, the Paid Content Fee that you fix, or any additional amounts or compensation payable to a Creator for any approved Post or Paid Content. You agree that you will not negotiate terms or payment to Creators after excepting the Creators Package. Each Readymade Post shall have a Post Fee and all Custom Paid Content shall have a Paid Content Fee, and you must not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate with any Creator multiple Posts or Paid Content for Readymade Post Fees or Custom Paid Content Fees, unless otherwise approved by Hashtwin.

13. You may, after consultation with and with the approval of Hashtwin, negotiate directly via the Hashtwin Platform with a Creator to pay an amount in addition to the set Post Fee or Paid Content Fee to compensate the Creator for their additional time and cost in making any changes that you request to the Post or Paid Content already submitted by the Creator.

14. You acknowledge and agree that you must not offer a product, service, or other non-monetary arrangements to a Creator as partial or full payment by a Brand for a Creator’s Custom Content or Paid Raydemade Content, unless otherwise approved by Hashtwin.

15. You must not attempt to instruct, coerce or manipulate any Creator to hide the commercial relationship between the Brand and the Creator.

16. You must not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have.

17. You acknowledge that:

(a) neither any Creator nor Hashtwin is required to purchase any of your products or services;

(b) even if a Creator requests you to send a sample product, you are under no obligation to do so, unless such an arrangement is agreed and approved by Hashtwin upfront as part of the Campaign information;

(c) Hashtwin will not be responsible or liable in any way for late delivery or non-arrival of any products sent from you to a Creator. Any address provided by a Creator through the Hashtwin Platform is not verified by Hashtwin; and

(d) if you send a sample product to a Creator, there is no guarantee that the Creator will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Creator’s genuinely held beliefs.

18.You warrant that:

(a) you own the Intellectual Property Rights in any Content/Brief you upload to the Hashtwin Platform and have the right to license the Content/Brief to Hashtwin and Creators in the manner set out in these Terms of Use; and

(b) any Content you upload to the Hashtwin Platform does not contain any representations or material that you know or suspect (or ought reasonably to have known or suspected) to be false, misleading, or deceptive.

19.You acknowledge that, even if any Content provided by Creators has been curated, directed, reviewed, or moderated by Hashtwin (including as part of the Hashtwin Services) prior to being provided to you for approval, Hashtwin cannot guarantee that the Content is legal, accurate, free of third-party rights and otherwise suitable and appropriate for approval and publication as part of the applicable Campaign. You also acknowledge that, while Hashtwin will carry out monitoring after Posts or Paid Content are published with a view to ensuring that they continue to comply with these Terms of Use, Hashtwin will not do so after the end of the Campaign term or, in the case of a Post, after the expiry of the period set out in paragraph 75(b)(i), and you are responsible for ensuring ongoing compliance of the Content after that time. You assume all liability and risk for Posts or Paid Content approved by you and published as part of a Campaign beyond the end of the Campaign term, or published or used outside the scope of the Campaign. Hashtwin will carry out the moderation of Content submitted by Creators and will use reasonable efforts to ensure that the Content complies with these Terms of Use and can be used by the Brand without contravening any laws or infringing any third party rights, but does not guarantee that this will be the case.

20. If you have a question or concern about Content submitted by a Creator, including about the Content's compliance with these Terms of Use or applicable laws or about your rights to reproduce it, you must raise your questions or concerns with Hashtwin so that Hashtwin may seek to resolve your concerns (including dealing with the relevant Creator as required).

21. You acknowledge that Creators are independent third parties and their audiences are not directly controlled by Hashtwin. As a consequence, any Posts will inherently risk negative or unflattering comments about you or your products or services.

22. You agree that, upon notice from Hashtwin or you learn that any Content is subject to an actual or threatened claim of infringement, violation of another right, or other claim, or if Hashtwin removes any Content for any reason and gives you notice of such removal, you will remove such Content from your computer systems and storage devices and will, to the extent possible, cease use of such Content. Hashtwin shall, where possible, endeavor to source comparable Content (to be determined by Hashtwin in its reasonable commercial judgment) free of charge, but subject to these Terms of Use and a comparable Rights Licence.

23. You acknowledge that Hashtwin has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Readymade Post, Custom Paid Content, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.

PROVISION OF HASHTWIN SERVICES

24. Hashtwin will perform any Hashtwin Services that it agrees in writing with you from time to time, on the terms and subject to any conditions and limitations set out in that written agreement.

25. Hashtwin will perform the Hashtwin Services with all due care and skill, but you acknowledge and agree that, except to the extent any responsibility is expressly assumed by Hashtwin in writing, you remain responsible for the conduct of each Campaign and your compliance with these Terms of Use.

26. The fees and charges payable in respect of any Hashtwin Services you subscribe for or order will be as set out in the applicable subscription agreement or invoice issued by Hashtwin from time to time. If you subscribe to or order Hashtwin Services on the basis that the term of those Hashtiwn Services automatically rolls over from time to time, Hashtwin may vary the applicable subscription fees and other applicable charges for the upcoming term by giving you notice at least three months prior to the start of the term to which the varied subscription fees or charges will apply.

PAYMENT TERMS

27. You agree to pay Hashtwin all fees and charges made to your Brand Account for use of the Hashtwin Platform and all fees and charges payable in respect of the Hashtwin Services required for Campaign/Content delivery, inclusive of Readymade Post Fees and/or Custom Paid Content Fees, in accordance with these Terms of Use.

28. Media Agencies using the Hashtwin Platform acknowledge and agree Hashtwin is a cost of good and is non-commissionable. No agency rebates will be given.

29. If you subscribe to or order any Hashtwin Services, you must pay all subscription fees and other applicable charges as set out in the applicable subscription agreement, invoice terms or other terms imposed by Hashtwin from time to time.

30. You must pay all charges in respect of a Campaign/Content in the manner set out in the Package or as otherwise advised by Hashtwin in writing from time to time. If no manner for payment is stated and you are not approved to pay via Invoice, the payment must be made by our online payment gateway (We do not have our own payment gateway, we use this service provided by third-party companies).

31. Brands and Media Agencies may request that Hashtwin issue an invoice for fees and charges expected to be incurred by the Brand or Media Agency during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign.

32. Hashtwin reserves the right to refuse any Invoice request in its sole discretion.

33. Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must provide Hashtwin with a purchase order or insertion order (or similar) approving the total fees and charges to be included on the Invoice and including a purchase order or insertion order number. Hashtwin may, in its sole discretion, accept written confirmation (including via email) approving an invoice in lieu of a purchase order or insertion order being provided.

34. You must pay the amount of any Invoice you have requested in accordance with the payment terms specified in it or as agreed with Hashtwin in writing. Where no such terms of payment are specified or agreed, Hashtwin's standard payment terms apply, being 14 days from the date of the Invoice.

35. When you approve a Post or Paid Content, you undertake that: you are an authorized user of the account (as applicable) nominated on your Brand Account, you are authorized to pay the applicable charges (which include the applicable Brand Fee or Rights Fee and any additional amount payable under paragraph 13), the payment details provided are current, correct and complete, and your nominated account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.

36. In relation to Content Creation Campaigns/Projects, upon approving a Creator’s Post submission, you authorize Hashtwin to debit the gross fee that is payable for the Post from your Credit balance or nominated card or account (as applicable).

37. In relation to Content Only/Readymade Content Campaigns/Projects, upon approving a Creator’s Paid Content submission, you authorize Hashtwin to debit the applicable Rights Fee that is payable for the Paid Content (as applicable). The applicable Rights Fee will depend on the nature of the Rights Licence you select at the time of selecting and approving the Paid Content and is subject to the terms of any such Rights Licence.

38. If you request changes to a Post or Paid Content submitted by a Creator before approving or accepting it, and the Creator agrees to make those changes, Hashtwin may (through the Hashtwin Platform) require you to ‘pre-approve’ that Content before the Content can be changed and re-submitted. Pre-approval requires that you pay an upfront deposit so as to provide the financial commitment to the Creator before they make the agreed changes prior to final approval. In the event that you pre-approve Content and the Creator makes the agreed changes and re-submits the changed Content, you must either approve the final submission or forfeit the deposit. In the event that the Creator does not make the requested changes, you may seek a refund of the deposit and the Creator will not be paid for their pre-approved Content despite the pre-approval. Hashtwin will endeavor to resolve any disputes between you and a Creator in relation to the application of this clause 38.

39. If you fail to pay any charges by the due date or Hashtwin is unable to successfully process your payment of any charges, Hashtwin reserves the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than INR 10 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. Hashtwin also reserves the right to withdraw credit facilities (where applicable) at any time or to remove your access to the Hashtwin Platform. Without limiting its rights, in the event you fail to pay any charges within the timeframe and in the manner required, Hashtwin reserves the right to suspend or terminate your access to the Hashtwin Platform or to suspend or terminate any current Campaigns.

40. If Hashtwin is required to collect indirect taxes (such as GST Tax, sales tax, value-added tax, withholding tax, etc.) under the laws of your state or country of residence, you shall be liable to Hashtwin for payment of any such indirect tax in addition to, and at the same time as payment of, other amounts to Hashtwin under these Terms of Use. You may be required to self-assess such taxes under the applicable laws of your country or residence.

41. Hashtwin will make payment of the Readymade Post Fee or Custom Paid Content Fee to the Creator in accordance with the timing specified in paragraph 88.

REFUNDS BY HASHTWIN TO BRANDS

42. Hashtwin will refund to you the amount of any Readymade Post Fee or Custom Paid Content Fee which you have paid while subscribing to the package provided by Creator where Hashtwin considers the Creator has breached these Terms of Use in relation to the relevant Post or Paid Content, or where Hashtwin has been repaid that amount by the Creator as a consequence of such a breach. Hashtwin may reimburse you amounts in other circumstances but is not obliged to do so.

RIGHTS TO USE POSTS AND PAID CONTENT

43. You acknowledge and agree that your right to use a Post is strictly limited to the rights granted to you by the Creator under paragraph 75(b) above. For the avoidance of doubt, you must not use a Post in any form of paid, sponsored or promoted advertising, including within the Channel upon which the Post was published (for example, via Facebook Power Editor).

44. You acknowledge and agree that your right to use Paid Content is strictly limited in accordance with the Rights Licence selected via the Hashtwin Platform. For the avoidance of doubt, you must not use Paid Content other than in accordance with the Rights Licence terms that you select at the time of selecting and approving the Paid Content.

45. If you fail to pay the fees and charges applicable to a Campaign Fee, or fail to pay a Post Fee or Rights Fee. in accordance with these Terms of Use or as otherwise agreed by Hashtwin in writing, your right to use the affected Content under paragraph 75(b) or the Rights Licence (as applicable) is automatically terminated and you must immediately cease use of the applicable Post or Paid Content.

46. Nothing in these Terms of Use grants to you any ownership or other rights (including Intellectual Property Rights) in any Posts or any Creator’s Identity except as expressly set out in these Terms of Use.

47. While Hashtwin uses reasonable endeavors to obtain from Creators, under these Terms of Use and Content Rights Terms, all necessary rights for you to use Posts and Paid Content that you approve for use in a Campaign, you acknowledge that Hashtwin may be unable to enforce such rights against Creators from time to time, including by reason of the Creator's age. If you approve Posts or Paid Content from Creators who are minors and against whom contracts may be unenforceable on that basis under applicable Laws, you acknowledge that you take on the risk of any unenforceability of licences, assignments, warranties and other obligations granted or given by, or imposed on, that Creator.

48. If you wish to use a Post or Paid Content other than in accordance with paragraph 75(b) or the Rights Licence you select (as applicable), you must contact Hashtwin directly at the contact details set out in these Terms of Use. Additional fees may apply.

49. You must not remove any watermarks or copyright notices contained in any Content on the Hashtwin Platform.

50. Where any Paid Content or Post includes Third-Party Material, you must strictly comply with any use limitations notified to you in respect of the Third Party Material and will obtain all licenses required for your intended use of the Post or Paid Content prior to use of such Post or Paid Content, including obtaining any licenses required with respect to Third Party Material.

Terms for Creators

51. Paragraphs 52 to 97 apply only to Creators participating in the Hashtwin Platform and, along with paragraphs 1 to 4 and 99 to 148, govern use by Creators of the Hashtwin Platform.

REGISTRATION

52. To register an account to use the Website/Platform as a social media Creator (“Creator Account”), an individual must visit the www.hashtwin.com and sign in to the Registration process by accepting the Privacy Policies and these Terms of Use (including paragraphs 100 and 101).

CREATOR ELIGIBILITY

53. Any person over the age of 18 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register a Creator Account, but in order to Creator Packages and earn compensation as a Creator via the Hashtwin Platform, you must meet the following minimum standards:

(a) you must be eligible to use each of the social media platforms through which you sign in to the Application (under the relevant platform's prevailing terms and conditions);

(b) you must have at least 3000 followers on any of the Primary Channels/Social Account that you use to sign in to the Registration, or you must submit an application and be approved by Hashtwin to use the Hashtwin Services.

(c) Hashtwin checks all the primary data submitted by the Creator while signing up to the Hashtwin Platform. Approval of the Content Creator Account is subject to the data provided by the Content Creator and Hashtwin solely holds the rights to Approve or Reject the Content Creator Registration/Application. The creator can not claim or challenge the final decision taken by the Hashtwin, Creator agrees and aware of that.

(d) each of those Channels must be public (viewable by anyone); and

(e) those Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform.

54. If you do not meet the minimum standards in paragraph 53, you may not be able to register yourself or access the full functionality of the Hashtwin platform.

55. You must not misrepresent the size of your audience or your numbers of followers or level of engagement. You must have obtained your followers organically and not through unethical or unsportsmanlike behavior such as (but not limited to) purchasing or fabricating followers, likes or engagement.

SUBMISSION OF CONTENT FOR A PROJECT

56. You are responsible for reviewing all of the information about a Campaign/Project provided in the Brief or by Hashtwin and for verifying the suitability for you of submitting Content to, or otherwise participating in, any Campaign.

57. You acknowledge that:

(a) a Brand may, in its sole discretion, arrange to send you a sample product, but the Brand is under no obligation to do so even if you request it to do so unless such an arrangement is agreed and approved by you and Brand upfront as part of the Campaign information;

(b) Hashtwin will not be responsible or liable in any way for late delivery or non-arrival of any products sent to you from a Brand, and you are responsible for ensuring your address for delivery is accurate; and

(c) if you choose to purchase a product of a Brand, there is no guarantee that any of your Posts or Paid Content about the product will be approved or used by the Brand.

(d) Stated in clause 57(a) to 57(c), Hashtwin will not liable for any kind of unhealthy consequences happen. You and Brand will take full responsibility and each other consents regarding the same.

58. Each Post or Paid Content that you upload to the Hashtwin Platform, submit to a Brand for approval, or publish to a Channel must adhere to the requirements contained in these Terms of Use, and any additional requirements imposed by Hashtwin or the Brand as part of a Campaign and advised to you prior to or at the time of submitting the Readymade Post or Custom Paid Content for approval.

59. You acknowledge and agree that Hashtwin is not obliged to submit any Readymade Post or Custom Paid Content that you upload to the Hashtwin Platform to the Brand. Readymade Posts and Custom Paid Content that do not comply with paragraph 58 or that Hashtwin otherwise considers unsuitable for the Campaign may be made inaccessible by the Brand and/or removed from the Hashtwin Platform at Hashtwin's absolute discretion (whether or not they have been submitted to, or reviewed or approved by, the Brand).

60. You acknowledge and agree that Hashtwin is entitled to intercept, review and moderate Posts or Paid Content that you upload to the Platform, provide feedback and direction to you in relation to the Content you submit, and approve or withhold approval of the Content on behalf of the relevant Brand.

61. You must clearly disclose in each sponsored Post your relationship with the Brand. Hashtwin requires that you make such disclosures in such a way that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between you and the Brand. This may be achieved through the prominent use of hashtags such as #advertisement or #ad or through other means suitable to your particular circumstances, Community and Channels. Hashtwin will monitor your disclosure practices in relation to particular Posts and may do so in relation to your Channels generally, and may require greater levels of disclosure (at Hashtwin's sole discretion) in particular Posts or across your Channels generally. If you do not agree to the required levels of disclosure, you may be removed from the Hashtwin Platform.

62. You warrant, in respect of each Readymade Post and Custom Paid Content you upload to the Hashtwin Platform, submit to a Brand for approval, or publish to a Channel, that:

(a) you are aged over 18 years, or are aged over 13 years and have your parent or legal guardian’s consent;

(b) if you are aged over 18 years and the Readymade Post or Custom Paid Content features children aged 16 years or younger, you are the parent or legal guardian of those children;

(c) if you are aged 13 years to 18 years, the Readymade Post or Custom Paid Content does not feature other children aged 18 years or younger;

(d) you own the Intellectual Property Rights in the relevant Post (other than any Third Party Material disclosed under paragraph (j)) and have all necessary rights to license the Post to Hashtwin and the Brand or to sell the Paid Content to Hashtwin for use by Hashtwin, the Brand or any other third party (as applicable), in the manner set out in these Terms of Use;

(e) the Readymade Post or Custom Paid Content does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;

(f) any and all opinions and views stated in the Readymade Post or Custom Paid Content are genuinely held by you;

(g) any and all statements in the Post or Custom Paid Content regarding your use and experience of the Brand or the Brand’s products or services are true and correct and representative of your opinion (regardless of whether you are paid for such content or not), and fairly represent your use and experience, and you will promptly notify Hashtwin if your opinion of the Brand changes from that which you have expressed in the Post or Custom Paid Content;

(h) the Readymade Post or Custom Paid Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(i) other than any Third Party Material disclosed under paragraph (j), the Post or Custom Paid Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party;

(j) if the Post or Custom Paid Content includes any Third Party Material (including music or personality/talent rights), you have procured all necessary licenses, consents and permissions to include that Third-Party Material in the Post or Paid Content, and for Hashtwin, the Brand and any other third party to use that Post or Paid Content in accordance with these Terms of Use, and all such Third Party Material and any associated license terms or use limitations have been fully disclosed to Hashtwin and the Brand;

(k) if you are a member of any guild, union or industrial organization, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from, in relation to the Post or Custom Paid Content, adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;

(l) if the Custom Paid Content contains images or references to third parties or third-party property (other than any Third Party Material disclosed under paragraph (j)), the third party (or third party property owner) has been informed and agrees in writing that such images, property or references may be included in the Post or Paid Content and used by Hashtwin, the Brand or any other third party in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting Hashtwin, the Brand or any other third party in any media and in perpetuity and neither you, Hashtwin nor the Brand needs to obtain any licenses from any third party or pay royalties to any third party with respect to the Post or Custom Paid Content or such use of the Post or Paid Content; and

(m) the use of the Post or Custom Paid Content and the exercise of the Intellectual Property Rights in the relevant Post or Paid Content by the Brand and Hashtwin will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.

63. Nothing in these Terms of Use grants you any ownership of, or other rights in, the Intellectual Property Rights of the Brand.

64. Nothing in these Terms of Use requires a Brand to make use of any of the rights that you grant to the Brand under these Terms of Use.

PUBLICATION OF POSTS

65. Once a Post has been approved by Hashtwin and/or the Brand, you are required to publish the Post to your relevant Channel in the manner required within 48 hours of the Post being approved or as per the approved schedule (unless Hashtwin or the Brand stipulates a different timeline).

66. You will not have an opportunity to edit a Post after Hashtwin and/or the Brand has approved the Post. You must publish the Post exactly as approved by Hashtwin and/or the Brand, unless Hashtwin and/or the Brand expressly agrees otherwise.

67. Once you publish a Post, you must reasonably engage and respond as required to comments on the relevant Channel in respect of the Post. However, it is acknowledged that it may not be possible for you to respond to every comment.

68. You agree that you will not:

(a) for a period of five (5) hours after a Post is published to a Channel, post, share, re-tweet or re-gram any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;

(b) remove the Post from your Channel for a period of 30 days after the Post is published on that Channel, expiring at 11:59pm on the thirtieth calendar day after the Post is published;

(d) create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post; or

(e) grant any further rights in a Post to a Brand without the written permission of Hashtwin and appropriate fees being negotiated on a reasonable basis by Hashtwin.

69. You acknowledge that the restrictions contained in paragraph 68 above are reasonable in scope and duration having regard to the interests of the Brand and Hashtwin and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and Hashtwin.

MODERATION AND REMOVAL OF POSTS

70. You acknowledge and agree that Hashtwin has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by Hashtwin to the Post (provided that the Post must remain compliant with these Terms of Use, and it will be reasonable for you to refuse to make such a modification or amendment if that is not the case). You also acknowledge and agree that if you post an incorrect Post, Hashtwin may request that you post the correct approved Post and that you will immediately comply with such a request.

71. You acknowledge and agree that Hashtwin has the right, at any time, to request that you remove any approved Post from your Channels and that you will comply with such a request immediately upon receipt of notification, subject to payment in full to you of the Post Fee in accordance with these Terms of Use.

72. You acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Hashtwin, the Brand and you before publication.

RIGHTS IN POSTS

73. All right, title and interest (including all Intellectual Property Rights) in Posts will remain held by you. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including Hashtwin or the Brand.

74. You grant in respect of each and every Post uploaded to the Platform or submitted to a Brand for approval, or published to a Channel, a license for Hashtwin (and its agents) to edit and re-format the Post into such formats or versions for use by Hashtwin in such media as Hashtwin requires for the purposes of the conduct of the relevant Campaign or to use it as contemplated by paragraph 75.

75. In consideration of the payment to you of the Post Fee, you grant in respect of each and every Post uploaded to the Platform, submitted to a Brand for approval, or published to a Channel via the Hashtwin Platform as part of a Campaign:

(a) to Hashtwin (and its agents):

[i] a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable, sub-licensable license to use the Post for the purpose of marketing and promoting Hashtwin (and its products and services) in any manner, without further notification to or consent of you or any further compensation payable to you;

[ii] the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to all online paid media (including but not limited to digital banners), in all online owned media (including but not limited to the Website and internal communications of Hashtwin), in all social media (including but not limited to the social media channels of Hashtwin), and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media); and

(b) to the relevant Brand (and its agents):

[i] the right to organically share, comment upon and organically re-post the relevant Post in the Channel upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and

[ii] the right to use the Creator’s Identity and performances in the Post and to communicate the Post to the public in accordance with paragraph (i) above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).

76. You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period set out in paragraph 75(b)(i) has expired.

77. In respect of each Post you upload to the Application, submit to a Brand for approval, or publish to a Channel via the Hashtwin Platform, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorized by them, changing, copying, adding to, taking from, adapting, translating or publishing without attribution to you, in any manner or context, or doing any other act or omitting to do any thing in respect of the Post in the course of exercising their rights under paragraph 75(b), notwithstanding that such conduct may infringe your Moral Rights in the Post, and, to the extent possible, you grant a waiver of all Moral Rights in each Post.

RIGHTS IN CUSTOM PAID CONTENT

78. When you upload Paid Content in response to a Content Only Brief, you will be presented with Hashtwin's Content Rights Terms document, which contains terms and conditions for the transfer of ownership of the Paid Content to Hashtwin. You must agree to the Content Rights Terms document each time you submit Paid Content.

79. Under the Content Rights Terms document, you will assign all Intellectual Property Rights in Paid Content to Hashtwin on the terms and conditions stated in the Content Rights Terms document, and grant waivers and consents in relation to use of the Paid Content that may otherwise infringe your Moral Rights, upon payment to you of the Paid Content Fee. For the avoidance of doubt, the assignment of Intellectual Property Rights will only be effective upon your Paid Content being accepted and Hashtwin making payment of the Paid Content Fee. This will allow Hashtwin to do anything with the Paid Content, including making changes and re-assigning or licensing it to the Brand for use in the Content Only Campaign.

80. You acknowledge and agree that you must not post any Paid Content to your Channels or publish it in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by Hashtwin or a Brand, or purport to grant any rights to that Paid Content to the Brand or any other person.

NO DISPARAGEMENT OF BRANDS

81. You agree that, if you participate/selected in a Campaign for a Brand, you will not:

(a) parody, disparage, make any adverse comment on or make fun of the Brand or its products or services in any way; or

(b) create any other material that undermines the Brand or its products or services, on any of your Channels in a way that may adversely impact on the Campaign or on the Brand's ability to benefit from the Campaign.

CREATOR COMPENSATION

82. Before receiving any payments for any Readymade Posts or Custom Paid Content, while registering on Hashtwin Platform, you will be asked to provide financial details, including your nominated bank account, whether or not you are registered for GST or VAT, your ABN or VAT number (if applicable), Aadhar Card Number, PAN Card Number and any further required details. You are responsible for the accuracy of your nominated bank account.

83. It is your responsibility to notify Hashtwin in the event that you are registered for and liable to pay GST or VAT (as applicable), and to keep Hashtwin up to date with your registered GST and/or VAT details (as applicable).

84. If a Brand requests changes to a Post or Paid Content you have submitted prior to the Post being approved or the Paid Content being accepted, and you agree to make those changes, you may request or receive a prompt for pre-approval. Pre-approval is intended to ensure the Brand makes a financial commitment to you to make the pre-agreed changes prior to final approval or acceptance, by paying an upfront deposit. In the event that this occurs and you make the pre-agreed changes, the Brand will be required to either approve the final submission, or forfeit the deposit. Where the Brand forfeits the deposit, this will be paid to you after the submitted Post or Paid Content has been declined, or the Campaign has ended. Where a deposit is paid to you, neither the Brand nor Hashtwin has any obligation to pay the full amount that would have been payable had the Content been approved or accepted. In the event that you do not make the agreed changes to your submitted Content, you will not be paid any amount for your Content despite the pre-approval. Hashtwin will endeavor to resolve any disputes between you and a Brand in relation to the application of this paragraph 84.

85. When Brand selects/subscribes your package for Premade fixed package or Custom Package for Content Creation after each other approval. In both the scenario, client to make the full payment before starting the work as per the package amount. Hashtwin will deduct the 10% amount of the total cost as a "Hashtwin Platform Fee". In Any Manner, if Brand(s) make any type of payment to you "Hashtwin Platform Fee" will be charged. Each and every payment made by the brand for any service(s) obtaining from Creator, "Hashtwin Platform Fee" will be charged.

86. After a Post is approved and published, or Paid Content is accepted by a Brand, you will be entitled to be paid for your premade fixed package or custom package (plus GST, or VAT, if applicable to you) in accordance with the following terms.

87. Hashtwin will pay your "Creator Earnings (made through your premade fixed package or custom package subscribed by Brand)" (plus GST or VAT, if applicable to you) into your nominated bank account (as supplied by you via the Registration Process in the manner required) by Electronic Funds Transfer. Hashtwin will issue you with a recipient generated invoice for this purpose.

88. Subject to paragraph 92:

(a) the applicable earnings will be paid either (as applicable to you, as described below) approximately 30 days after the approved Post has been published; or

(b) the applicable earnings will be paid either (as applicable to you, as described below) approximately 30 days after the Paid Content has been licensed by the Brand.

89. If for any unforeseen reason Hashtwin is delayed in paying you, Hashtwin will endeavor to notify you of these delays, and rectify any payment delays as soon as reasonably possible.

90. Hashtwin retains control over any change to your nominated Post Fee, the fixed Paid Content Fee or any additional amounts or compensation payable to you for any approved Post or Paid Content. Except as set out in paragraph 91, no payments other than the Post Fee or Paid Content Fee (plus GST or VAT, if applicable) are payable to you in respect of any approved Post or Paid Content.

91. If a Brand requests that you make any changes to the Post or Paid Content that you have already submitted, you may negotiate directly via the Hashtwin Platform with the Brand for the payment of an additional amount to compensate you for your additional time and cost in making those changes. Hashtwin reserves the right to monitor, advise you or the Brand in relation to, and approve any change requests and the associated fees.

92. Your entitlement to be paid a Post Fee or Paid Content Fee is subject to your compliance, and continued compliance, with these Terms of Use. In the event of any disputes about your compliance and payment, Hashtwin will work with you and the Brand to resolve the dispute and determine whether or not you are entitled to be paid, up to the amount of the applicable Post Fee or Paid Content Fee, in accordance with these Terms of Use.

93. You acknowledge and agree that you must not:

(a) accept a product, service or other non-monetary arrangement from a Brand as partial or full payment for any Post or Paid Content, except with the approval of Hashtwin;

(b) accept, negotiate or attempt to negotiate with a Brand more than one Post per Post Fee or additional Paid Content for a Paid Content Fee, except with the approval of Hashtwin; or

(c) otherwise circumvent, or negotiate or attempt to negotiate, terms or payment with Brands in relation to a Campaign/Project.

CREATOR RELATIONSHIP WITH HASHTWIN AND THE BRAND

94. As a Creator, you will at all times perform your obligations and provide Posts or Paid Content to Hashtwin and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Hashtwin nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Hashtwin or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.

95. You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts or in Paid Content constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, Hashtwin or any their respective successors or licensees. You hereby release the Brand, Hashtwin and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you in connection with these Terms of Use.

96. You acknowledge that Hashtwin has not made any guarantees in respect of the success of a Post or Paid Content or that a Post or Paid Content will be approved by a Brand or in respect of your business or commercial performance or otherwise.

97. You acknowledge that all right, title and interest in each Brand's products, services, trade marks, brands, logos and images are and will remain the property of that Brand at all times, and you must not copy or use them except to the extent necessary for you to participate in the Brand's Campaigns in accordance with these Terms of Use or with the Brand's prior written consent.

Additional Terms

98. The remainder of these Terms of Use (being paragraphs 99 to 148) apply both to Creators and Brands participating in the Hashtwin Platform.

ACCOUNTS

99. Hashtwin reserves the right to refuse registration of an Account for any reason in its sole discretion. Any decision of Hashtwin is final and no correspondence will be entered into.

100. In registering an Account, you warrant, represent and covenant that you have the right and authority to create an Account and agree to these Terms of Use and the House Rules, including, where relevant, the authority of any Brand or individual to create an Account in its or their name, and to agree to these Terms of Use and to use the Hashtwin Platform on its or their behalf.

101. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid.

102. You must be logged in to your Account in the manner required each time you wish to use the Hashtwin Platform.

103. You are responsible for maintaining the strict confidentiality of your Account details and for any activity carried out using your Account, and you must not share or transfer your Account details to a third party. You agree to immediately notify Hashtwin of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Hashtwin when you desire to cancel your Account. Hashtwin will not be responsible or liable for any loss or damage arising from your failure to comply with this paragraph 103.

104. Hashtwin retains the right and absolute discretion to suspend, terminate or limit your access to your Account and/or the Hashtwin Platform if it believes that you are abusing or tampering with the Hashtwin Platform (or any element thereof) in any way, that you have provided misleading information or made any misrepresentations to Hashtwin in connection with the Hashtwin Platform, that you have breached or are breaching these Terms of Use, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the Hashtwin Platform (or any element thereof). Hashtwin's legal rights to recover damages or other compensation from you in such circumstances are reserved.

105. You must not use any automated software or any other mechanical or electronic means to create Accounts, or use an Account that has been created using such means.

RELATIONSHIP WITH SOCIAL MEDIA PLATFORMS

106. When you use any social media platform to publish the posts created through Hashtwin platform, you warrant, represent and covenant that:

(a) the social media account is the account of the Creator or Brand in whose name the Account has been registered;

(b) if the Account is in the name of a Brand, you are the authorized representative of the Brand with the right to access and use that social media account for the Brand; and

(c) if the Account is in the name of a Creator and you are not the Creator, you are the authorized representative of the Creator and have the right to access and use that social media account for the Creator.

107. In creating an Account, you are providing your information to Hashtwin and not to any social media platform. Whether you are a Creator or a Brand, you are solely responsible and liable for any Content or information you transmit to other users of the Hashtwin Platform. To the extent permitted by Law, you agree to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred in respect of your use of the Hashtwin Platform. Any questions, comments or complaints about the Hashtwin Platform must be directed to Hashtwin and not to any media or social media platforms.

108. The Hashtwin Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter, Instagram or YouTube). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. You also acknowledge and consent to the Hashtwin Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Hashtwin Platform. The Hashtwin Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

SUBMISSION OF CONTENT THROUGH HASHTWIN PLATFORM

109. Without limiting the other requirements set out in these Terms of Use, you must ensure that any Content you submit to the Hashtwin Platform does not contain anything that:

(a) is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;

(b) is copied or adapted either wholly or substantially from any other work or material;

(c) is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;

(d) parodies, disparages or makes fun of Hashtwin or its products of services in any way;

(e) solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (except to the extent required as part of a Campaign);

(f) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;

(g) involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam;

(h) infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;

(i) constitutes, encourages or provides instructions for any criminal offence or otherwise violates any Laws including, without limitation, the regulations of any stock or securities exchange such as the Bombay Stock Exchange; or

(j) contains any viruses, corrupted data or other harmful or malicious code of files. 110. Hashtwin retains the right to remove from the Hashtwin Platform any Content that it considers breaches these Terms of Use.

USING THE HASHTWIN PLATFORM

111. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Hashtwin Platform in the manner permitted in these Terms of Use.

112. You must use the Hashtwin Platform in accordance with any applicable instructions set out within the Hashtwin Platform.

113. You must not:

(a) decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Hashtwin Platform to a human perceivable form;

(b) distribute or republish any element of the Hashtwin Platform in any way;

(d) defeat, disable or circumvent any security feature of the Hashtwin Platform;

(e) transfer any element of the Hashtwin Platform to any third party;

(f) use any data mining, robots or similar data gather or extraction methods;

(g) register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorized by such party to do so; or

(h) sell, license, lease or in any way seek to commercialize any component of the Hashtwin Platform without specific written authorization from Hashtwin.

114. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Hashtwin Platform via automated means, except with Hashtwin's written consent.

115. Hashtwin reserves the right to monitor the Hashtwin Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Hashtwin may close or freeze the Account immediately.

116. The Hashtwin Platform may contain links to other sites not maintained by Hashtwin (“Linked Sites”). Hashtwin is not responsible for the content of any Linked Sites, whether or not Hashtwin is affiliated with the Linked Sites. Hashtwin makes no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites. Such Linked Sites are not under the control of Hashtwin and Hashtwin provides links to the Linked Sites only as a convenience to users of the Hashtwin Platform. The inclusion of a link to any Linked Site does not imply any affiliation with or endorsement by Hashtwin. You should review and applicable terms and policies (including privacy policies) of any Linked Site you visit.

117. Any costs associated with downloading, installing, accessing and using the Hashtwin Platform remain your responsibility and are dependent on the service provider used.

118. You are responsible for ensuring that your computer system or mobile device (as applicable) is, and other information technology hardware, software and services are, compatible with the Hashtwin Platform and meets all relevant technical specifications necessary to access and use the Hashtwin Platform.

119. If you are the driver of a vehicle (or other form of transport), you must not use the Hashtwin Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Hashtwin Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Hashtwin Platform. In the interests of safety at all other times, Hashtwin recommends that you only use the Hashtwin Platform when it is lawful and safe to do so.

HASHTWIN'S INTELLECTUAL PROPERTY

120. All Hashtwin Materials on the Hashtwin Platform are protected by all applicable laws, including copyright and trade mark laws, and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Hashtwin Materials to a Brand or Creator.

121. All right, title and interest in all Intellectual Property Rights in all of Hashtwin's brands, logos, images, buttons, codes, layout, text, content, graphics, and products and services as displayed on the Hashtwin Platform as well as the look and feel of the Hashtin Platform (the “Brand Features”) are the property of Hashtwin and will remain or be vested in Hashtwin at all times and may not be copied, imitated or used in whole or in part without Hashtwin's prior written consent. Your use of the Hashtwin Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Hashtwin Platform. Hashtwin grants to you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Hashtwin Platform in accordance with these Terms of Use. You may not use metatags or any other “hidden text” utilizing the Brand Features without Hashtwin's prior written consent.

128. In accordance with the Copyright Acts and other applicable laws, Hashtwin has adopted a policy of terminating, where appropriate and at Hashtwin's discretion, access to the Hashtwin Platform for account holders who infringe the intellectual property rights of Hashtwin or any third party. If you believe that any material on the Hashtwin Platform infringes upon any copyright that you own or control, you may file a notification of such infringement with Hashtwin.

CONFIDENTIALITY

129. Each of you and Hashtwin understands that the other has disclosed or may disclose business, technical or financial information relating to its business, including in the case of Hashtwin (Confidential Information), and agrees:

(a) to take reasonable precautions to protect the other party's Confidential Information;

(b) not to use the other party's Confidential Information except for the purposes of these Terms of Use; and

(c) not to disclose the other party's Confidential Information to any third person except to the extent required by law or with the consent of the other party.

130. The obligations under clause 129 will not apply to any information that you or Hashtwin (as applicable) can document:

(a) is or has become generally available to the public;

(b) was in its possession, or known by it, prior to receipt from the other party;

(d) was independently developed by it without use of any Confidential Information of the other party.

TAXES

131. Currently, Hashtwin is not charging any taxes, in any manner from Brands as well as from Creators. When we started charging for taxes, we will notify the registered Brands and Creators accordingly.

INDEMNIFICATION

132. You agree to indemnify, and must defend and hold harmless, Hashtwin and its related bodies corporate, personnel, servants and agents, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Hashtwin Platform):

(a) your Content or access to the Hashtwin Platform;

(b) your use or inability to use the Hashtwin Platform;

(d) (where you are a Creator) your claim against a Brand for any reason;

(e) (where you are a Brand) your claim against a Creator for any reason;

(f) any claim by any third party (including any other Brand or Creator) arising directly or indirectly from your breach of any of the provisions of these Terms of Use;

(g) any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights;

(h) your violation of any applicable Laws; and

(i) any misrepresentation made by you.

LIMITATION OF LIABILITY

133. In using the Hashtwin Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Hashtwin be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Hashtwin Platform.

134. Any liability of the Hashtwin (Vipzr Web Technology Services Pvt. Ltd.) to a Brand in connection with these Terms of Use, or the Brand’s use of the Hashtwin Platform or the Hashtwin Services, regardless of the form or cause of action be it in contract, warranty, tort, negligence or any other basis, shall be limited to the amount actually paid by the Brand to Hashtwin for the services related to the Brand’s most recent Campaign, except to the extent set out in paragraphs 137 to 139 or otherwise required by Law.

135. The Hashtwin (Vipzr Web Technology Services Pvt. Ltd.) shall not be liable to Creators for damages of any kind arising out of the Creator’s use of the Hashtwin Platform, except to the extent set out in paragraphs 137 to 139 or otherwise required by Law.

136. Without limiting the foregoing, in no event shall Hashtwin or any of its directors, associated entities (including other members of the Hashtwin, Vipzr Web Technology Services Pvt. Ltd. ), successors in title, licensees or assigns or employees or agents be liable for any direct, indirect, special, incidental, consequential (including but not limited to loss of profits, loss of business revenue or loss of goodwill), punitive or exemplary damages, arising out of, or in connection with, the Hashtwin Platform, any of the Hashtwin Services, these Terms of Use, or any Post, Content or Campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Hashtwin or any other party has been advised of the possibility of such damages. This limitation of liability includes, without limitation, any damages caused by or resulting from you relying on any information obtained from Hashtwin, or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation, or any failure of performance, whether or not resulting from acts of God, Any Global, National, State or City Pandemic, communication failures, theft or destruction or unauthorized access to Hashtwin's records.

DISCLAIMERS

137. Paragraph 138 does not apply to any Consumer Guarantee under the Consumer Law and does not apply to any liability of Hashtwin's for failure to comply with a Consumer Guarantee under the Consumer Law. Nothing in these Terms of Use operates to exclude any liability for death or personal injury caused by negligence, nor for fraud, nor for any Consumer Guarantee under Consumer Law.

138. Whilst Hashtwin endeavors to take all reasonable steps to ensure that the Hashtwin Platform operates as expected, the Hashtwin Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law, including, without limitation, any implied warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose. Hashtwin does not make any guarantees and does not provide any undertaking that the Hashtwin Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Hashtwin Platform at your own risk and that Hashtwin disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Hashtwin Platform, whether they are direct, indirect, punitive or consequential (including but not limited to loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Hashtwin Platform. You assume total responsibility for your use of the Hashtwin Platform, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against Hashtwin for dissatisfaction with the Hashtwin Platform or any content is to stop using the Hashtwin Platform or such Content. This limitation of relief is a part of the bargain between the parties.

139. If the supply of any goods or services by Hashtwin to a Brand or Creator constitutes a supply of goods and/or services to a Consumer then subject to the following limitations and unless the goods and/or services are Consumer Goods or Consumer Services, Hashtwin's and its affiliates' and related entities', its servants', employees' and agents' liability for any breach of these Terms of Use, including any liability for any losses or consequential losses which the Brand or Creator may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as Hashtwin may elect in its sole discretion, in the case of services supplied or offered by Hashtwin, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Hashtwin, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This paragraph 139 does not apply if it is not Fair or Reasonable for Hashtwin to rely on it.

REVISIONS

140. Hashtwin may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Hashtwin Platform. Since you are bound by these Terms of Use each time you use the Hashtwin Platform, you should check these Terms of Use for any revisions each time you use the Hashtwin Platform and wherever prompted to do so. Your use of the Hashtwin Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.

141. Hashtwin reserves the right to change the Hashtwin Platform in any way by giving you notice (or may not) to the email address you have registered with Hashtwin to you. Even if you have an account, your ability to access and use the Hashtwin Platform may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Hashtwin Platform and, if you are using the Application, delete the Application from your device.

GENERAL TERMS

142. If the Hashtwin Platform is not capable of running as planned for any reason beyond the reasonable control of Hashtwin, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Hashtwin Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Hashtwin Platform, Hashtwin reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Hashtwin Platform.

143. No additional Creator, Brand or Media Agency originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on Hashtwin unless agreed by Hashtwin in writing and, in such case, if any terms and conditions in a Creator, Brand or Media Agency originating agreement or other terms and conditions are inconsistent with these Terms of Use, these Terms of Use shall prevail to the extent of any inconsistency.

144. You may not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Hashtwin. Hashtwin may assign its rights or obligations hereunder at its sole discretion.

145. Any waiver of any provision of these Terms of Use will only be effective if in writing and signed by Hashtwin. If any term or part of any term is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the term (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining terms (or parts of those terms) which will continue in full force and effect.

146. Hashtwin may, in its discretion, give any approval or consent under these conditionally or unconditionally, or withhold that approval or consent.

147. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Hashtwin and you or any other user of the Hashtwin Platform.

CONTACT AND HELP DETAILS

148. You may contact Hashtwin at hello@hashtwin.com with the appropriate email.