Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a business or other entity, you represent that you have the authority to bind that entity, and "you" refers to both you and that entity.

If you do not agree to these Terms, do not use the Platform.

These Terms incorporate by reference our Privacy Policy, which explains how we collect, use, and share your information.

If you have signed a separate written agreement with Flit (such as a Commercial Services Agreement, Master Services Agreement, or similar contract) that governs your specific use of the Platform, the terms of that signed agreement will take precedence over these Terms wherever there is a direct conflict. These Terms continue to apply to anything that signed agreement does not specifically address.

2. What the Platform Does

The Platform has two distinct components, and your relationship with Flit differs depending on which you use:

2.1 Flit Payments & Compliance

Flit provides discovery, collaboration, contracting, payment processing, tax deduction (TDS), GST invoicing, and related infrastructure platform for influencer marketing engagements between brands/agencies and creators.

When a brand or agency engages a creator through the Platform, Flit contracts with and invoices the brand/agency directly for the value of the engagement, and Flit separately engages and pays the creator as a sub-vendor / independent sub-contractor performing the underlying deliverables. Funds therefore flow from the brand/agency to Flit, and from Flit to the creator, net of Flit's commission and any applicable tax deduction. This creates a tripartite arrangement: (a) the brand/agency contracts with Flit for the engagement; (b) Flit, in turn, engages the relevant creator as its sub-vendor to perform that engagement; and (c) the creator agrees to the sub-vendor terms in Section 4 as a condition of receiving deals and payment through the Platform.

This structure does not make Flit responsible for the substance of the engagement. Flit is the Main Vendor for billing, invoicing, payment, and compliance purposes only. The scope of deliverables, creative direction, timelines, usage rights, and other commercial terms of an engagement are agreed directly between the brand/agency and the creator (including, in many cases, informally over messaging tools, without a separate written contract between them). Flit is not a party to, and does not review, approve, or warrant, those commercial understandings, and Flit's liability in connection with any engagement is limited as set out in Sections 4 and 11.

2.2 Haiku

Haiku is Flit's campaign and project management tool that helps brands and creators plan, brief, track, and collaborate on influencer campaigns.

For Haiku, Flit is the service provider. We are directly responsible for providing the Haiku software as described in these Terms — including reasonable uptime, support, and the security of data within the tool (see Section 10). The merchant-of-record structure in Section 2.1 governs payments for engagements; it does not expand Flit's responsibility for the Haiku software itself beyond what is described in Section 10.

3. Eligibility and Accounts

You must be at least 18 years old and able to enter into legally binding contracts under Indian law to use the Platform.

You agree to:

• Provide accurate, current, and complete information when creating an account, including for KYC and tax compliance purposes.
• Keep your login credentials confidential and notify us promptly of any unauthorized use of your account.
• Be responsible for all activity that occurs under your account.

We may suspend or terminate accounts that provide false information, or where required to comply with KYC/AML obligations.

4. Creator Sub-Vendor Terms

This Section applies if you use the Platform as a creator and receive payment through Flit for an engagement with a brand or agency. By accepting an engagement and receiving payment through the Platform, you agree to the following:

• Sub-vendor relationship. You are acting as an independent sub-vendor / sub-contractor to Flit for the limited purpose of that engagement. Flit, as Main Vendor, has contracted with and invoiced the brand/agency for the engagement, and is in turn engaging you to perform the underlying deliverables. This relationship exists solely to support the merchant-of-record payment structure described in Section 2.1; it does not make you an employee, partner, or agent of Flit, and does not make Flit your employer.
• You remain responsible for the deliverable. The scope, quality, and timely completion of the deliverable are your responsibility, based on what you agreed with the brand/agency (whether in writing or informally). Flit has no visibility into and does not police those discussions, and is not responsible for misunderstandings between you and the brand/agency about scope.
• Payment is conditional on confirmation. Flit will release payment to you once the engagement is confirmed as complete, whether through Platform tools (e.g., Haiku deliverable tracking), Connected Platform data (Section 5), or confirmation from the brand/agency. Flit may withhold, delay, or reverse a payment where a brand/agency raises a good-faith dispute that a deliverable was not provided as agreed, pending resolution of that dispute between you and the brand/agency.
• Chargebacks and deductions. If Flit has already paid you for an engagement and the corresponding payment from the brand/agency is reversed, charged back, or refunded (including under Section 9.4), Flit may recover the corresponding amount from your current or future payouts, or seek repayment from you directly.
• No guarantee of deal terms. Flit does not guarantee, warrant, or take responsibility for the rate, scope, exclusivity, usage rights, or any other commercial term of your engagement with a brand/agency. We strongly encourage you to get key terms confirmed in writing (including over messaging tools) before starting work, for your own protection.

Nothing in this Section limits your rights against the brand/agency directly under whatever agreement (formal or informal) you have with them.

5. Connected Social Media Accounts

If you connect a third-party social media account (Instagram, Facebook, YouTube, LinkedIn, or Twitter/X) to the Platform, you authorize us to access the data described in our Privacy Policy for the purposes described there (primarily: verifying account ownership and generating campaign performance reports).

You are solely responsible for complying with the terms of service of any third-party platform you connect. Flit is not responsible for changes those platforms make to their APIs, policies, or your access to your own account on those platforms.

6. Fees and Payment

6.1 Transaction commission

Flit charges a commission on payments processed through the Platform between brands and creators. Applicable commission rates are disclosed to you at the time of a transaction or in your account dashboard, and may vary based on your plan or agreement with us.

6.2 Haiku subscription fees

Access to Haiku's features may require a paid subscription, billed per seat or per the plan you select. Current pricing is available on our website or provided to you directly.

• Billing cycle. Subscriptions renew automatically for successive billing periods unless cancelled.
• Cancellation. You may cancel your Haiku subscription at any time. Cancellation stops automatic renewal; you will continue to have access through the end of your current paid billing cycle.
• No partial refunds. We do not provide refunds or credits for partial subscription periods, including if you cancel mid-cycle or use the service for only part of a billing period.

6.3 Taxes

All fees are exclusive of applicable taxes (including GST) unless stated otherwise. You are responsible for any taxes associated with your use of the Platform, other than taxes on Flit's income.

6.4 Changes to fees

We may change our fees or subscription pricing from time to time. We will provide reasonable advance notice of any fee changes affecting your active subscription or ongoing use.

7. Brand and Creator Conduct

When using the Platform, you agree that you will not:

• Use the Platform for any unlawful purpose, including fraud, money laundering, or circumventing tax obligations.
• Misrepresent your identity, follower count, engagement metrics, or any other information material to a brand–creator engagement.
• Attempt to circumvent Flit's payment or compliance processes for a deal initiated through the Platform.
• Upload or transmit any content that infringes third-party intellectual property, is defamatory, obscene, or otherwise unlawful.
• Interfere with the security or proper functioning of the Platform, including through unauthorized access, scraping, or reverse engineering.
• Use another person's social media account or credentials without authorization.

We reserve the right to suspend or terminate access for any user who violates this Section.

8. Intellectual Property

8.1 Our IP

The Platform, including its software, design, trademarks, and underlying technology, is owned by Flit or our licensors. These Terms do not grant you any rights to our intellectual property except the limited right to use the Platform as intended.

8.2 Your content

You retain ownership of content you upload to the Platform (such as briefs, creative assets, or campaign content). By uploading content, you grant Flit a limited license to host, store, process, and display that content as necessary to provide the Platform's functionality (e.g., displaying a brief to the creator it's assigned to).

8.3 Deal-related IP

Any intellectual property rights in deliverables created under a brand–creator engagement (e.g., usage rights to a sponsored video) are governed by the agreement between the brand and creator, not by these Terms. Flit takes no position on and assumes no responsibility for those rights.

9. Disclaimers

9.1 Platform provided "as is"

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 No guarantee of engagement outcomes

Although Flit acts as merchant of record for billing and payment purposes (Section 2.1), Flit does not guarantee the outcome, quality, completion, or commercial value of any brand–creator engagement, nor the accuracy of any creator's stated metrics or audience data. Flit is not responsible for the substance of what is agreed between a brand/agency and a creator.

9.3 Third-party platforms

We are not responsible for the availability, accuracy, or content of third-party platforms (Instagram, YouTube, LinkedIn, Twitter/X, payment networks, or banking systems) that the Platform relies on or integrates with.

9.4 Brand/agency remedy for a failed deliverable

If a brand or agency has paid Flit for an engagement and the creator does not deliver the agreed deliverable, or delivers something materially different from what was agreed, the brand/agency's sole and exclusive remedy against Flit is a refund of the amount paid to Flit for that specific engagement, less any portion already and correctly paid out to the creator for work actually performed. Flit will make reasonable efforts to investigate such disputes using available information (including Connected Platform data and Haiku records) but does not guarantee a particular outcome, and is not liable for any damages beyond this refund remedy, including loss of business, marketing spend, or opportunity cost.

10. Service Levels (Haiku)

For Haiku specifically, we will use commercially reasonable efforts to:

• Maintain reasonable uptime and availability of the Haiku platform.
• Provide support for technical issues within a reasonable timeframe.
• Maintain the security of data stored within Haiku, consistent with our Privacy Policy.

We do not guarantee uninterrupted or error-free operation, and we may perform scheduled maintenance with reasonable notice where practicable.

11. Limitation of Liability

To the maximum extent permitted under applicable law:

• Flit's total liability arising out of or relating to these Terms or your use of the Platform will not exceed the total fees paid by you to Flit in the six (6) months preceding the event giving rise to the claim, except that liability relating to a specific engagement under Section 2.1 is further limited by the refund remedy in Section 9.4, which controls over this general cap for that scenario.
• Flit will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
• This limitation does not apply to liability arising from fraud, willful misconduct, or matters that cannot be limited under Indian law.

This limitation applies regardless of the legal theory of the claim (contract, tort, or otherwise).

12. Indemnification

You agree to indemnify and hold Flit harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Any dispute between you and another user (brand or creator) arising from a deal facilitated through the Platform, including (for creators) any claim by a brand/agency relating to a deliverable you were engaged to provide under Section 4.
• Your violation of any applicable law in connection with your use of the Platform.

If Flit incurs liability to a brand/agency under Section 9.4 because a creator failed to deliver as agreed, the creator agrees to indemnify Flit for the amount Flit is required to refund, to the extent already paid out to that creator.

13. Termination

You may stop using the Platform and close your account at any time, subject to the completion of any pending transactions or obligations.

We may suspend or terminate your access to the Platform, with or without notice, if:

• You breach these Terms.
• We are required to do so by law or by a regulatory or governmental authority.
• We reasonably believe your account poses a security, fraud, or compliance risk.

Sections of these Terms that by their nature should survive termination (including Sections 4, 8, 9, 11, 12, and 15) will survive.

14. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date, and for material changes, we will provide additional notice (such as an in-app notification or email) before the changes take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of India.

Any dispute arising out of or relating to these Terms or your use of the Platform will first be addressed through good-faith negotiation. If not resolved within thirty (30) days, the dispute will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, seated in Bengaluru, Karnataka, with proceedings conducted in English. The arbitral tribunal will consist of a sole arbitrator appointed by mutual agreement of the parties.

This Section does not prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction in Bengaluru where necessary.

16. Miscellaneous

• Entire agreement. Together with our Privacy Policy and any signed agreement referenced in Section 1, these Terms constitute the entire agreement between you and Flit regarding the Platform.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We may provide notices to you via email, in-app notification, or posting on the Platform.

17. Contact Us

For questions about these Terms: support@flit.in

For data protection or privacy-related concerns, see our Privacy Policy.