Terms of Service
Last updated: January 2025
1. Acceptance of Terms
By creating an account on Kolavia, you agree to these Terms of Service. If you do not agree, do not use the platform. These terms apply to all users — brands, creators, and visitors.
2. Platform Description
Kolavia is a global marketplace connecting brands with micro and nano creators for influencer marketing campaigns. We facilitate connections, manage payments through a secure wallet system, and provide campaign management tools.
3. User Accounts
You are responsible for maintaining the confidentiality of your account credentials. You must provide accurate information during signup. Accounts found to contain false information may be suspended. You may not create multiple accounts or share accounts.
4. Secure Wallet and Payments
When a brand funds a campaign, payment is held in a secure wallet by Kolavia. Funds are released to the creator upon brand approval of submitted content, or automatically after 5 days if the brand does not respond. Kolavia charges a 3% platform fee on all transactions, deducted from the campaign budget.
5. Content Guidelines
All content created for campaigns on this platform must comply with applicable advertising disclosure regulations and standards. Creators must clearly disclose paid partnerships using #Ad or #Sponsored at the start of their captions. Both brands and creators are responsible for ensuring content complies with all applicable local laws.
6. Brand Responsibilities
Brands are responsible for providing accurate campaign briefs. Brands may not use the platform to collect creator content and then refuse payment without legitimate grounds. Abuse of the revision or dispute system may result in account suspension.
7. Creator Responsibilities
Creators must deliver content that matches the approved brief. Accepting a campaign and failing to deliver content will result in a strike on the account. Three strikes result in permanent suspension. Creators must own all rights to submitted content.
8. Intellectual Property & Commercial License Transfer
Creators retain 100% intellectual property and copyright ownership of all submitted deliverables (including video files, draft concepts, audio, scripts, and footage) until escrow payment is approved and released to the creator. The commercial license, distribution rights, and advertising usage permissions transfer to the brand ONLY upon full payment release. Downloading, reproducing, screen-recording, or publishing any draft or unapproved preview content without payment release is strictly prohibited, constitutes copyright infringement under the Copyright Act, and exposes the brand to immediate account termination, DMCA copyright strikes on Instagram/Meta, and legal claims.
9. Prohibited Activities
Users may not: create fake accounts, provide false follower data, circumvent secure wallet protections by transacting off-platform, post misleading or illegal content, harass other users, or engage in any fraudulent activity.
10. Dispute Resolution
Kolavia provides dispute resolution between brands and creators. When a dispute is filed, escrow funds are frozen and the auto-release timer is paused while Kolavia Admin evaluates the brief and deliverables. Both parties agree to accept our mediated decisions in disputes.
11. Platform Fee and Taxes
Kolavia charges a 3% fee on each transaction. Applicable taxes are charged on the platform fee as required by governing tax laws. Invoices are provided for all transactions. Fees are non-refundable once a campaign is marked complete.
12. Termination
Kolavia reserves the right to suspend or terminate any account that violates these terms, without prior notice. Users may close their accounts at any time. Outstanding secure wallet balances will be settled before account closure.
13. Changes to Terms
We may update these terms from time to time. Continued use of Kolavia after changes constitutes acceptance of the updated terms. We will notify users of significant changes via email.
14. Contact
For questions about these terms, contact us at info@holcenic.com.
15. Data Protection & Grievance Redressal (DPDP Act, 2023)
Kolavia is operated by Holcenic as Data Fiduciary under India's Digital Personal Data Protection Act, 2023. For data rights requests, consent withdrawal, or privacy grievances, reach our designated Grievance Officer at info@holcenic.com. Inquiries are acknowledged within 48 hours and resolved within 30 days as prescribed by law.
16. Independent Contractor Agreement Between Brand & Creator (Intermediary Status)
Kolavia is an online technology intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000. When a brand initiates a campaign and a creator accepts the campaign brief, a direct, legally binding independent contractor relationship is formed exclusively between the Brand and the Creator. Kolavia (Holcenic) is not a party to this bilateral service contract, does not act as an employer, partner, or guarantor of either party, and functions strictly as a neutral technology platform, escrow stakeholder, and mediator. Neither party may hold Kolavia liable for breach of deliverables, product defects, or non-performance by either side.
17. Intermediary Safe Harbor & Copyright Infringement Takedown (IT Act, 2000 Section 79)
In accordance with Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Kolavia functions as an intermediary and is not liable for third-party content, brand assets, or creator deliverables uploaded to the platform. If you are a copyright owner or legal representative and believe that any content hosted on the platform infringes your intellectual property or legal rights, you may submit a formal Notice of Infringement to our designated Compliance Officer at info@holcenic.com. Your notice must include: (a) description and URL/location of the infringing material, (b) proof of ownership or authorization, and (c) your contact details. Upon receiving a valid notice, we will review and expeditiously remove or disable access to the infringing content within 36 hours as required by law.