Creator Agreement

Version: 0.1 (draft for advocate review)

In short

• This Agreement applies when you use Privé as a Creator. It adds to the Terms of Service.
• You must be 18+, approved by us, and complete payout KYC (PAN, Aadhaar, of which we store only the last four digits, and bank account; GST if registered) before you can withdraw.
• You set your own prices. You are credited the full Coin price a Fan pays. The platform fee is charged to the Fan when they buy Coins.
• Earnings from each week (Saturday to Friday, IST) can be withdrawn from the following Saturday. The minimum withdrawal is 100 Coins (₹100), paid at 1 Coin = ₹1 to your verified bank account.
• You are responsible for your own taxes. Withholding (TDS/TCS) may apply as the law requires.
• No sexual services and no off-platform payments. You own your Content and give us a licence to run the App.
• If you close your account, your unpaid earnings are paid to your saved bank account in a final payout. Add your bank details first, or choose to give the earnings up.

1. Parties and acceptance

1.1 Parties. This Agreement is between you, the Creator, and POLYMATH COGNITIVE, a partnership firm constituted under the Indian Partnership Act, 1932, with its registered office at S-300-H, Scheme 4-S, Macheda, Jaipur, Rajasthan, India. Sanstha Aadhaar Number (Rajasthan): 8005220006002779. The firm operates Privé.

1.2 Acceptance. You accept this Agreement by submitting a Creator application, or by using Creator features. Terms defined in the Terms of Service have the same meaning here. If this Agreement conflicts with the Terms on a Creator matter, this Agreement prevails.

2. Relationship

You are an independent creator, not an employee, agent, partner or joint-venturer of ours. You decide what to offer, when, and at what price, within this Agreement. You must not present yourself as speaking for Privé.

3. Onboarding and verification

3.1 Eligibility. You must:

• be 18 or older;
• give true identity and contact details; and
• be able to receive payments into an Indian bank account in your own name.

3.2 Approval. Every Creator account is reviewed by us before it goes live. We may approve or decline at our discretion. Declining an application deletes it.

3.3 Payout KYC. Before your first withdrawal you must save the following payout details:

• account holder name;
• bank account number and IFSC;
• PAN;
• Aadhaar: you type the full number so we can check it is a valid one, and we store only its last four digits;
• optionally, a UPI ID, your GSTIN and GST-registered name.

You confirm the details are yours and correct.

3.4 Protection of your details.

• Payout and identity numbers are stored encrypted. Of your Aadhaar number we keep only the last four digits. You are shown only the last four characters.
• Changing them requires a 6-digit code sent to your account email, and we notify you by email and in the App when they change.
• Our staff can see full bank details only to make or check a payout, must record a reason, and each access is logged.

4. Your Content

4.1 Ownership. You own your Content. You grant us the licence in section 10 of the Terms of Service.

4.2 Paid Content stays with buyers. A Fan who paid to unlock your post or locked media keeps access to it in the App. If you delete your account, posts already sold stay available to their buyers. If you move a post between paid posts and subscriber-only posts, everyone who could see it at that moment keeps it: buyers of a paid post keep it, and Fans subscribed at that moment keep a post you put behind a price, even after their subscription ends. Everyone else must subscribe or pay its new price.

4.3 Your promises. For all Content you publish or send, you confirm that:

• you own it or have the right to use it;
• everyone shown in it is 18 or older and has given documented consent to its creation and distribution; and
• it complies with the Community Guidelines.

You must keep records of that consent and produce them if we ask.

5. Pricing

5.1 You control prices. You set prices for:

• messages by type: text, photo/GIF, voice and video. A type you do not price cannot be sent to you;
• locked posts and locked chat media;
• call packages and per-minute call rates;
• subscription passes of 30, 90, 180 or 360 days;
• live-stream entry;
• service requests.

Minimums apply. For example, the minimum message rate is 10 Coins and the minimum call package is 5 Coins. These may change.

5.2 Price changes. A price change applies only to future purchases, including a Fan's next automatic renewal. A subscription pass already sold keeps its end date.

5.3 Fair dealing. Prices and descriptions must not be misleading. Deliver what you sell.

6. Fees and earnings

6.1 Platform fee. We charge our platform fee to the Fan, when the Fan buys Coins. At current settings it is 20% of the Coin price, plus GST.

6.2 Your earnings. When a Fan spends Coins on you, you are credited the same number of Coins. That is the full price you set, and no commission is taken from your earnings at present.

6.3 Changes to fees. We may introduce or change fees with at least 30 days' notice. A change never applies to earnings already credited.

6.4 No guaranteed earnings. We do not guarantee any level of traffic, Fans or income.

6.5 Records. Your earnings dashboard reflects our ledger. If there is an error, the ledger controls, and we may correct it under section 9.

7. Holds and escrow during transactions

Some payments are held before they become your earnings:

8. Payouts

8.1 Weekly cycle. Earnings are counted in weeks running Saturday 00:00 to Friday 23:59:59, India Standard Time. Coins earned in a week become withdrawable from 00:00 IST on the following Saturday.

8.2 Requesting a payout.

• The minimum is 100 Coins, and you may have one open request at a time.
• Coins in a request are set aside from your balance. If the request is rejected, they are returned to your balance.

8.3 Payment.

• Payouts are made in INR at 1 Coin = ₹1, by bank transfer to the account in your saved payout details.
• At present transfers are made manually by our team, and we record the bank reference (UTR).
• We aim to pay within a period to be confirmed of a valid request.

8.4 Holding or refusing a payout. We may delay, hold or refuse a payout, and tell you why where lawful, if:

• your details are incomplete or do not match;
• we reasonably suspect fraud, chargeback abuse, a breach of this Agreement, or that the earnings came from prohibited activity; or
• the law or an authority requires it.

8.5 Bank errors. If a transfer fails because of incorrect details you gave, we may charge reasonable bank costs and pay again once the details are corrected.

9. Chargebacks, refunds, fraud and corrections

9.1 Fan refunds. Refunds owed to Fans under the Coins, Payments and Refunds Policy are taken from the held Coins, or from your balance where the policy says so (for example an admin refund of an accepted service request).

9.2 Fraud, errors and abuse. If earnings were credited because of fraud, a stolen payment method, chargeback abuse, a technical error, or activity that breaks this Agreement, we may:

• reverse them from your balance;
• set them off against future earnings; or
• recover them from you.

9.3 Notice. We will tell you about any reversal and the reason for it, and you can challenge it through the Grievance Redressal Policy.

10. Taxes

10.1 Your taxes. You are responsible for your own income tax, GST registration and returns, and any other taxes on your earnings.

10.2 Withholding. Where the law requires, we will:

• deduct tax at source, for example under section 194-O of the Income-tax Act, 1961, or any provision that replaces it;
• collect tax at source under section 52 of the CGST Act, 2017; and
• report your PAN and payouts to the authorities.

We will give you the related certificates.

10.3 Your PAN. If you do not provide a valid PAN, higher withholding may apply.

11. Lives, calls, view-once and locked Content

11.1 Scheduled lives.

• You may schedule a live from 30 minutes to 7 days ahead, with up to 5 upcoming at a time. The audience is your followers or your subscribers.
• You must start it within the window from 10 minutes before to 1 hour after the scheduled time.
• If you do not, the live is cancelled automatically and every booking is refunded to Fans in full.
• If you cancel, bookings are refunded in full.
• Repeated no-shows may lead to restrictions.

11.2 Calls. Accept only calls you can complete. Once a call has connected, the Fan is not refunded for time not used, even if you leave early or your connection drops.

11.3 View-once and locked media. View-once and locked media must follow the same rules as all your Content. Screen-capture protection reduces copying but cannot prevent every capture. Do not send anything you could not accept being seen by others.

12. Prohibited offerings

You must not:

1. offer, advertise, request or arrange sexual services, escorting, or any in-person meeting, in exchange for Coins or otherwise;
2. publish or send sexually explicit Content, or any Content prohibited by the Community Guidelines;
3. solicit or accept payment outside Privé from a Fan you met on Privé, or share payment details, UPI IDs or links to other paid platforms for that purpose;
4. offer gambling, financial, investment or medical advice services, or anything unlawful;
5. sell Content you do not own, or Content of anyone without their consent;
6. inflate earnings by using your own or linked Fan accounts, or by arranging payments with Fans;
7. involve anyone under 18 in any way.

13. Conduct and enforcement

We may remove Content, restrict features, hold payouts or suspend your account under the Terms of Service and the Community Guidelines. When we suspend a Creator:

• calls in progress are ended and settled: one that had connected is paid to you in full, one that had not is refunded to the Fan;
• held Coins for pending service requests are returned to Fans;
• scheduled lives are cancelled and refunded.

14. Closing your account and final payout

14.1 Before deleting. You cannot delete your account while a payout request is open, or while you are live or on a call. If you have unpaid earnings, your bank details must be complete so they can be paid, unless you choose in the App to delete and give the earnings up. The App shows what will be paid out and what, if anything, will be forfeited.

• running subscription passes end, and are not refunded to Fans;
• pending service requests are returned to Fans;
• scheduled lives are cancelled and refunded;
• your unpaid earnings are paid to your saved bank account in a final payout, within the usual payout cycle. This includes earnings from the current payout week, which are paid once that week has ended. The minimum payout does not apply to this last payout. We keep your bank and KYC details until it is paid, and then erase them;
• any Coins left that you did not earn (for example, Coins you bought) are forfeited, as are your earnings if you chose to give them up.

14.3 Closure by us.

• If we close your account without fault on your part, we will pay out your withdrawable earnings after any lawful deductions.
• If we close it for fraud or a serious breach, we may withhold earnings connected with that breach, to the extent permitted by law.

15. Liability, indemnity, disputes

Sections 16 to 22 of the Terms of Service apply to this Agreement. In addition, you indemnify us against claims arising from:

• your Content;
• your offerings to Fans;
• your taxes; and
• any off-platform dealings with Fans.

16. Changes

We may change this Agreement with at least 30 days' notice for changes that reduce your earnings or rights, and 15 days' for other material changes. Shorter notice applies only where the law or security requires it.

17. Contact

• Creator support: hi@prive.buzz
• Grievance Officer: hi@prive.buzz (name and phone to be published)