1 1. Introduction

Welcome to CollabWish Media ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at https://www.collabwish.com, our mobile applications, and any related services (collectively, the "Services") provided by CollabWish Media.

By accessing or using our Services, including browsing our website, registering an account, or participating in any campaign, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

We are India's premier creator marketing agency, specializing in user-generated content (UGC) and connecting brands with a network of creators, including nano and micro influencers.

2 2. Eligibility and Account Registration

2.1 Eligibility

To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction. By using our Services, you represent and warrant that you meet this requirement. The Services are not available to individuals under the age of 13.

2.2 Account Registration

You are required to register for an account to access certain features of our Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Account Types

CollabWish Media offers two primary types of accounts:

  • Brand Account: For businesses and organizations seeking marketing and creator services.
  • Creator Account: For influencers and UGC creators looking to collaborate with brands.

3 3. Our Role as an Intermediary

CollabWish Media acts as an intermediary platform and agency that facilitates collaborations between Brands and Creators. We connect brands with creators, manage campaigns, and provide payment processing services. While we strive to ensure quality, we do not guarantee specific results, engagement metrics, or the performance of any campaign. We are not a party to the direct agreement between any Brand and Creator, except as otherwise specified in a separate written contract.

4 4. Terms for Brands

4.1 Campaign Creation and Fees

Brands may create campaigns by providing detailed briefs, including deliverables, timelines, and budgets. A campaign creation fee or service fee may apply, which is non-refundable once the campaign is live or work has commenced. Campaigns are subject to review and approval by CollabWish Media before being made available to creators.

4.2 Payment and Hold

Brands agree to pay the total campaign amount in advance. CollabWish Media holds these funds securely in a designated account. Funds are released to the Creator only after: (a) The Creator submits proof of deliverable completion; (b) The Brand approves the submitted work; (c) Any applicable dispute resolution period has passed.

4.3 Refund Policy for Brands

If a Creator fails to complete the agreed-upon deliverables, the Brand may raise a dispute. Upon verification by CollabWish Media that the Creator has materially failed to perform, a refund may be issued to the Brand's CollabWish wallet or source account, minus any non-refundable service fees. Refunds are not provided for changes in the Brand's strategy, subjective creative preferences, or poor campaign performance.

4.4 Product Deliveries

In campaigns involving physical products, products are shipped directly by the Brand to the Creator. CollabWish Media acts solely as an intermediary and holds no responsibility for the delivery, quality, or condition of such products.

5 5. Terms for Creators

5.1 Profile and Content

Creators agree to provide accurate information in their profiles, including but not limited to demographics, engagement metrics, and content categories. Creators warrant that all content submitted is original, does not infringe on any third-party rights, and complies with all applicable laws, including the ASCI guidelines.

5.2 Campaign Participation

Creators must adhere to the specific campaign brief, guidelines, and deadlines provided. Failure to complete deliverables on time may result in non-payment, withholding of funds, or removal from the platform.

5.3 Prohibited Activities

Creators shall not engage in fake engagement (bots, purchased followers), plagiarized content, misrepresentation of identity, or sharing confidential brand information. Violation leads to immediate account termination and forfeiture of pending payments.

5.4 Payouts and Taxes

Payments are credited to the Creator's digital wallet. Creators are solely responsible for declaring income and paying all applicable taxes, including GST and income tax. CollabWish Media may deduct TDS as per applicable regulations.

6 6. Wallet System

CollabWish Media provides a digital wallet feature. For Brands: Funds can be added to the wallet to pay for campaigns but cannot be withdrawn except as a refund. For Creators: Earnings are credited to the wallet and can be withdrawn to a bank account. Wallet funds are not interest-bearing and cannot be used outside the CollabWish Media platform.

7 7. User Content and Intellectual Property

You retain ownership of your User Submissions. By submitting content, you grant CollabWish Media a non-exclusive license to use it for operating our Services. You shall not upload illegal, obscene, defamatory, or infringing content. We have a zero-tolerance policy for pornography.

8 8. Payment, Fees, and Refunds

All fees are as displayed on our platform. GST (18%) and applicable payment gateway charges will be added. Except as expressly provided for Brand refunds, all fees paid to CollabWish Media are non-refundable.

9 9. Communication Consent

By creating an account, you consent to receive communications via phone call, SMS, RCS, WhatsApp, or email for service-related and promotional purposes. You may opt out of promotional communications at any time.

10 10. Prohibited Conduct and Termination

You agree not to use our Services for unlawful purposes, impersonate others, interfere with our Services, or scrape data. We reserve the right to suspend or terminate your account for breach of these Terms.

11 11. Disclaimer of Warranties and Limitation of Liability

11.1 No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES. WE DISCLAIM ALL IMPLIED WARRANTIES.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE PRECEDING SIX MONTHS, OR ONE THOUSAND RUPEES (RS. 1000), WHICHEVER IS LOWER.

12 12. Indemnification

You agree to indemnify and hold harmless CollabWish Media from any claims arising out of your use of the Services, your User Submissions, or your violation of these Terms.

13 13. Third-Party Services

Our Services may contain links to third-party websites. We are not responsible for their content, privacy policies, or practices.

14 14. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any dispute shall be resolved through binding arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996.

15 15. Changes to These Terms

We reserve the right to modify these Terms at any time. Your continued use of the Services after changes constitutes your acceptance of the new Terms.

16 16. Grievance Officer

In compliance with the Information Technology Act, 2000:

Name: Atif Khan

Email: atif@collabwish.com

Response Time: Grievances will be redressed within 1 month (30 days) of receipt.

17 17. Contact Us

If you have any questions about these Terms, please contact us at:

CollabWish Media

Email: atif@collabwish.com

Website: https://www.collabwish.com

By using CollabWish Media, you agree to these Terms and Conditions.