1. Definitions

• “User” — any person or entity who registers for an account on Kookakoo, whether as a Brand, Influencer, or Administrator.
• “Brand” — a music label, independent artist, artist management company, music distributor, recording studio, or other entity that creates campaigns and commissions content from Influencers.
• “Influencer” — a content creator or social media influencer who applies to campaigns, creates promotional content, and receives payment for approved submissions.
• “Campaign” — a promotional project created by a Brand specifying deliverables, budget, deadlines, and requirements.
• “Content” — all text, images, audio, video, links, posts, reels, stories, and any other materials uploaded, submitted, or shared through the Platform by any User.

2. Eligibility & Account Registration

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. By creating an account, you represent that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

We reserve the right to approve, suspend, or terminate any account at our sole discretion, including accounts that provide false information, violate these Terms, or engage in conduct detrimental to the Platform or other Users.

3. Brand-Specific Terms

3.1 Campaign Creation

Brands are responsible for providing accurate campaign details including deliverables, deadlines, budget, and content guidelines. Campaigns are subject to review and approval by Kookakoo before going live.

3.2 Payment Obligations

Brands agree to deposit the full campaign budget (influencer payout plus platform fee) into escrow before a campaign activates. Payments to Influencers are held in escrow and released upon approved submission delivery as per the campaign terms. Platform fees are non-refundable once a campaign has received its first application.

3.3 Content Rights & Usage

Upon approval of Influencer submissions, Brands receive a non-exclusive, worldwide, royalty-free license to use, repost, and share the approved Content for promotional purposes directly related to the campaign. Unless explicitly agreed otherwise in the campaign-specific T&Cs, Brands do not acquire ownership of Influencer Content — only the usage rights specified in the campaign brief.

3.4 Brand Content License to Kookakoo

By uploading any Content to the Platform (including campaign briefs, brand assets, logos, audio tracks, images, and promotional materials), Brands grant Kookakoo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute such Content in connection with operating, promoting, and improving the Platform. This license survives termination of your account solely to the extent necessary for us to maintain records and comply with legal obligations.

4. Influencer-Specific Terms

4.1 Application & Selection

Influencers may browse open campaigns and submit applications. Selection is at the Brand's sole discretion. Kookakoo does not guarantee selection for any campaign.

4.2 Content Delivery & Standards

Influencers agree to deliver Content that meets the campaign guidelines and T&Cs. Submissions that do not comply may be rejected. Influencers must ensure their Content is original, does not infringe third-party rights, and complies with all applicable laws including advertising disclosure requirements.

4.3 Payment Terms

Payments are released upon submission approval and are processed via the payment method configured on the Platform. Kookakoo is not responsible for delays caused by banking systems or payment processors. All payments are subject to applicable taxes, which are the Influencer's responsibility.

4.4 Influencer Content License to Kookakoo

By uploading or submitting any Content to the Platform (including profile information, application materials, portfolio content, and campaign submissions), Influencers grant Kookakoo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute such Content in connection with:

• Operating and providing the Platform services;
• Promoting the Platform, including featuring your Content in marketing materials, case studies, and social media;
• Improving our algorithms, analytics, and recommendation systems;
• Complying with legal obligations and enforcing our Terms.

This license does not give Kookakoo ownership of your Content — you retain all ownership rights. The license survives termination of your account solely to the extent necessary for us to maintain records, complete pending transactions, and comply with legal obligations.

4.5 Social Media Data & Analytics

By connecting your Instagram or other social media accounts to Kookakoo via our OAuth integrations, you grant us permission to access, collect, store, and analyze your publicly available social media metrics including but not limited to follower count, engagement rates, content views, likes, comments, shares, reach, and demographic data. This data is used to:

• Calculate your engagement score and recommended campaign fees;
• Match you with relevant campaigns;
• Provide Brands with analytics on campaign performance;
• Improve our Platform features and algorithms.

You may disconnect your social accounts at any time; however, historical data already collected will be retained as described in our Privacy Policy.

5. Platform Rights & Data Usage

5.1 Data Collection & Usage

Kookakoo collects and processes User data — including registration information, profile data, social media analytics, campaign interactions, payment records, and usage patterns — to operate, maintain, and improve the Platform. By using the Service, you consent to such collection and processing as described in our Privacy Policy.

5.2 Anonymized & Aggregated Data

We reserve the right to anonymize and aggregate User data for research, analytics, benchmarking, and commercial purposes. Such aggregated data does not identify individual Users and is owned exclusively by Kookakoo.

5.3 Platform Monitoring

Kookakoo reserves the right to monitor, review, and remove any Content that violates these Terms, applicable laws, or community standards. We may also review private messages and communications solely for the purpose of investigating reported violations.

5.4 Platform Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable to you or any third party for such modifications.

6. Intellectual Property

The Platform, including its name, logo, design, software, algorithms, databases, and all other proprietary elements, is owned by Kookakoo and protected by intellectual property laws. Users are granted a limited, non-exclusive, revocable license to access and use the Platform for its intended purpose. Users may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

Users retain ownership of their Content but grant the licenses described in Sections 3 and 4 above. Users represent and warrant that they own or have the necessary rights to all Content they submit and that such Content does not infringe any third-party intellectual property rights.

7. Prohibited Conduct

Users agree not to:

• Use the Platform for any illegal purpose or in violation of applicable laws;
• Submit false, misleading, or fraudulent information;
• Impersonate any person or entity or misrepresent affiliation;
• Interfere with or disrupt the Platform or its servers;
• Attempt to gain unauthorized access to any part of the Platform;
• Use automated means (bots, scrapers) to access the Platform without authorization;
• Harass, abuse, or harm other Users or Kookakoo personnel;
• Attempt to circumvent payment obligations, platform fees, or escrow mechanisms;
• Share Content that is infringing, defamatory, obscene, or otherwise objectionable.

8. Payments & Fees

Kookakoo charges a platform fee on each campaign, which is displayed transparently during campaign creation and deducted from the total campaign budget. By creating a campaign, the Brand agrees to these fees. Influencer payments are calculated per campaign based on engagement metrics and the Brand's budget allocation.

All payments are processed in the currency specified in the campaign. Users are responsible for any currency conversion fees, bank charges, or taxes applicable to their payments. Disputed payments must be raised within 30 days of the transaction date.

From time to time Kookakoo may offer a referral incentive that rewards Users for referring new Brands or Influencers to the Platform. Kookakoo may stop or change the referral incentive at its discretion at any time. Any referral incentive is a limited-time offer and may be withdrawn without prior notice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOOKAKOO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE PLATFORM FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or secure.

10. Indemnification

You agree to indemnify, defend, and hold harmless Kookakoo, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any Content you submit to the Platform.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any conduct that we deem harmful to the Platform or other Users. Upon termination, your right to access the Service ceases immediately. Provisions relating to Content licenses, intellectual property, limitation of liability, and indemnification survive termination.

12. Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted in Mumbai, India, in English, by a sole arbitrator mutually agreed upon. The decision of the arbitrator shall be final and binding.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of India. Subject to the arbitration clause above, courts in Mumbai, India shall have exclusive jurisdiction over any disputes.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or Platform notification at least 15 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact us at legal@kookakoo.com.