Terms and Conditions

Vitaay Platform — including the Vitaay Escrow Payment System

Document Version: 3.1 (Escrow Payments & Content Moderation Update)

Last Updated: August 20, 2026

Effective Date: August 20, 2026

Website: https://www.vitaay.ai

Contact: connect@vitaay.ai

Classification: Public — Published on vitaay.ai

• Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vitaay ("Vitaay," "we," "us," or "our") governing your access to and use of the Vitaay platform, website, and all associated services available at vitaay.ai, including the Vitaay Escrow Payment System described in Section 10.

By submitting an application, registering an account, clicking "I Agree," or using the Vitaay platform in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies posted on the platform. If you do not agree, you must not use Vitaay.

These Terms apply to users worldwide. Where your jurisdiction provides specific consumer protections, statutory rights, or mandatory applicable law that differ from or supersede these Terms, those statutory rights shall apply to the extent required by applicable law.

• About the Platform

Vitaay is an AI-powered influencer marketing marketplace that connects:

• Brands — Businesses across industries (Fashion & Beauty, Technology, Food & Beverage, Health & Fitness, Travel, Finance, Education, Entertainment, and others) seeking to partner with content creators for authentic marketing campaigns.
• Creators — Influencers and content creators across platforms including Instagram, TikTok, YouTube, and Twitter/X who wish to collaborate with brands aligned to their content and audience.

Vitaay facilitates introductions, AI-powered matchmaking, campaign management, partnership agreements, and — through the Vitaay Escrow Payment System — secure payment between Brands and Creators. Vitaay is a platform intermediary and is not a party to individual brand-creator agreements unless expressly stated. Vitaay does not employ creators or maintain an employment or agency relationship with any creator.

• Eligibility
• You must be at least 13 years of age (or the age of majority in your jurisdiction, if higher) to use Vitaay
• Brands must be legally registered businesses or sole proprietors with authority to enter into contracts on behalf of their organization
• Creators must own or have legitimate control over the social media accounts they register with Vitaay
• You must have the legal capacity to enter into binding agreements in your jurisdiction
• Users who have been previously suspended or permanently banned from Vitaay are not eligible to re-register without express written permission from Vitaay
• Creators must additionally complete Stripe-administered identity verification (KYC) before they are eligible to receive any escrow release or tip payout — see §10.8

By using the platform, you represent and warrant that you meet all eligibility requirements.

• Account Registration & Responsibilities

4.1 Brands

• Must provide accurate company name, contact details, industry, and budget information
• Are responsible for the accuracy of campaign briefs, deliverables, timelines, and project details submitted
• E-commerce: Must ensure that product details, pricing, inventory, and order-related information provided are accurate and regularly updated
• Must have the authority to commit the budgets and resources specified in their applications
• Must ensure their business registration and trading details are current and accurate

4.2 Creators

• Must provide accurate personal details, genuine social media handles, and truthful audience and engagement data
• Are responsible for ensuring their content, audience, and performance align with information submitted to Vitaay
• Must promptly update their profile if audience size, engagement metrics, or content niche changes significantly
• Must not artificially inflate metrics or misrepresent audience demographics

4.3 All Users

• Are responsible for maintaining the confidentiality of their login credentials and account security
• Must notify Vitaay immediately at connect@vitaay.ai of any unauthorized access or suspected breach of their account
• Are responsible for all activity conducted through their account, whether authorized or not, unless resulting from Vitaay's negligence
• Must not share account access with unauthorized third parties
• Platform Use & Acceptable Conduct

You agree to use Vitaay only for its intended lawful purpose of facilitating brand-creator partnerships. The following are strictly prohibited:

• Providing false, misleading, or fraudulent information in your profile or application
• Artificially inflating follower counts, engagement rates, or audience metrics (including through bots, purchased followers, click farms, or engagement pods)
• Approaching users obtained through Vitaay to conduct deals outside the platform in order to circumvent Vitaay's process or fees ("off-platform dealing") during and for 12 months after active platform engagement
• Harassment, abusive, threatening, or discriminatory communication toward other users or Vitaay staff
• Using Vitaay to promote, market, or facilitate illegal products, services, controlled substances, weapons, or activities
• Attempting to reverse-engineer, scrape, copy, or extract data, source code, or proprietary algorithms from the platform
• Impersonating any brand, creator, Vitaay employee, or any other individual or entity
• Uploading malicious code, viruses, trojans, ransomware, or any content designed to disrupt or harm the platform
• Transmitting unsolicited commercial communications (spam) to other users
• [NEW] Attempting to circumvent, spoof, or interfere with the escrow, KYC, or fraud-screening systems described in §10
• Engaging in any activity that violates applicable laws, including but not limited to consumer protection, advertising standards, intellectual property, or data protection laws

Violations may result in immediate account suspension, permanent termination, removal of content, and/or referral to appropriate law enforcement or regulatory authorities, at Vitaay's sole discretion.

5A. User-Generated Content, Safety & Zero-Tolerance Policy

Vitaay allows users to create, upload, publish, share, and communicate content through the platform, including campaign content, images, videos, text, profiles, messages, comments, and other user-generated material ("User Content").

By creating an account or using Vitaay, you agree that you will not create, upload, publish, transmit, or otherwise make available any User Content that is objectionable, abusive, unlawful, harmful, or otherwise violates these Terms.

5A.1 Zero-Tolerance Policy

Vitaay has zero tolerance for objectionable content and abusive behavior. The following are strictly prohibited:

• Harassment, bullying, stalking, intimidation, threats, or abusive behavior toward another person.
• Hate speech, discrimination, or content targeting a person or group based on protected characteristics.
• Sexual exploitation, sexual abuse, or sexually explicit content involving minors.
• Content that promotes or facilitates violence, terrorism, or serious criminal activity.
• Content that promotes or facilitates illegal drugs, controlled substances, weapons, or other unlawful activities.
• Fraudulent, deceptive, defamatory, or intentionally misleading content.
• Impersonation of another person, brand, organization, or Vitaay employee.
• Spam, malicious communications, or coordinated abuse of other users.
• Content that infringes another person's intellectual property, privacy, publicity, or other legal rights.
• Any other User Content that violates applicable law or these Terms.

5A.2 Content Moderation and Filtering

Vitaay uses automated systems, platform rules, reports, human review, and other reasonable moderation mechanisms to identify, restrict, filter, remove, or prevent the distribution of objectionable or prohibited User Content.

Vitaay may remove or restrict access to any User Content that it reasonably determines violates these Terms or applicable law, without prior notice where necessary to protect users or the platform.

5A.3 Reporting Objectionable Content

Users may report User Content that they believe violates these Terms or contains objectionable or abusive material using the reporting mechanism provided within the Vitaay platform.

Reports are reviewed by Vitaay's moderation or support team. Users should provide sufficient information to allow Vitaay to identify and investigate the reported content or account.

Vitaay will take appropriate action on valid reports in accordance with §5A.5 below, which may include removing the reported content, restricting its visibility, suspending the associated account, permanently terminating the account, or taking other appropriate measures.

5A.4 Blocking Abusive Users

Users may block another user at any time through the blocking mechanism provided within the Vitaay platform.

[REVISED] When a user blocks another user, Vitaay will immediately (i) restrict the blocked user's ability to interact with, message, or view the blocking user, and (ii) instantly remove the blocked user's content from the blocking user's feed and other content surfaces within the app.

[REVISED] A block automatically generates a notification to Vitaay's moderation team, together with the identity of the blocked user and the content or interaction giving rise to the block, so that the underlying behavior can be reviewed as a potential objectionable-content or abuse report under §5A.5.

5A.5 Enforcement — 24-Hour Action on Objectionable Content Reports

[REVISED] Upon receiving a valid report of objectionable content or abusive behavior (whether submitted via the in-app reporting mechanism, generated automatically by a user block under §5A.4, or identified through Vitaay's own moderation systems), Vitaay will, within 24 hours of receipt:

• Remove the offending content from the platform; and
• Eject the user responsible for that content — i.e., suspend or permanently terminate the offending user's account and prevent that user from creating another account — where the report is substantiated as a violation of §5A.1 or these Terms.

In addition to the above, Vitaay may take any of the following further enforcement measures as appropriate to the severity and nature of the violation:

• Removal of User Content from relevant feeds and content surfaces.
• Restriction of communication or interaction capabilities.
• Temporary suspension of an account, where permanent termination is not immediately warranted.
• Referral to law enforcement or other authorities where required or appropriate.

Vitaay will review reports of objectionable content and abusive behavior and act within the 24-hour window described above once a report is substantiated. This section does not limit Vitaay's ability to act more quickly, or to take interim measures (such as content restriction pending review) before the 24-hour window has elapsed.

5A.6 User Responsibility

You remain solely responsible for the User Content you create, upload, publish, transmit, or otherwise make available through Vitaay.

By using Vitaay, you acknowledge that you have read and understood this User-Generated Content, Safety & Zero-Tolerance Policy and agree to comply with it.

Violation of this section constitutes a material breach of these Terms and may result in immediate removal of content, suspension, permanent termination, and/or other enforcement action as set out in §5A.5.

• Brand Responsibilities
• Brands are responsible for clearly communicating campaign expectations, deliverables, timelines, and compensation in their campaign briefs
• Brands must honor agreed compensation to creators for delivered work as per mutual agreements executed through or facilitated by Vitaay, and must fund escrow (§10) promptly once a campaign is confirmed
• Brands are responsible for ensuring their products, services, and campaigns comply with applicable advertising standards, consumer protection laws, and industry regulations in all relevant jurisdictions
• All claims made in influencer campaigns must be truthful, substantiated, and compliant with: (i) the ASCI guidelines; (ii) the US FTC Endorsement Guides; (iii) the UK ASA CAP Code; (iv) applicable EU Directive on Unfair Commercial Practices; and (v) any other applicable local advertising regulations
• Brands are solely responsible for obtaining necessary regulatory approvals for campaigns in regulated industries (healthcare, pharmaceuticals, financial services, alcohol, tobacco, gambling, etc.)
• Brands must ensure that campaign content complies with applicable intellectual property laws and that they have rights to use any brand assets shared with creators
• Brands acknowledge that, once a deliverable is approved, releasing escrowed payment (§10.4) is a Brand obligation and undue delay may result in reminder notifications, mediation requests, or, at Vitaay's discretion, escalation to Admin review
• Creator Responsibilities
• Creators must clearly disclose paid partnerships and sponsored content in all jurisdictions where their content is accessible, including compliance with: (i) ASCI guidelines in India; (ii) FTC Endorsement Guides in the USA (#ad, #sponsored, or equivalent); (iii) ASA CAP Code in the UK; (iv) EU Directive requirements; and (v) any other applicable local disclosure laws
• Creators are responsible for producing content that meets agreed brand guidelines, quality standards, and contractual deliverables
• Creators must ensure they own or have the necessary rights, licenses, and permissions to all content they produce and deliver
• Creators must not make false or misleading claims about brand products or services, including fabricated testimonials or unsubstantiated endorsements
• Creators are solely responsible for their own tax obligations arising from income earned through the platform, including applicable income tax, GST, VAT, self-employment tax, or other applicable taxes in their jurisdiction
• Creators in jurisdictions where creator income is regulated (e.g., specific platform income disclosure requirements) are responsible for compliance with those regulations
• [NEW] Creators must complete Stripe Connect identity verification (§10.8) to be eligible to receive escrow releases or tips, and are responsible for keeping their connected bank details current with Stripe
• Advertising Disclosure & Regulatory Compliance

Vitaay is an influencer marketing platform operating globally. All users are required to comply with applicable advertising disclosure requirements. Key requirements include:

Jurisdiction: Regulation Requirement

India: ASCI Guidelines 2021 #Ad or #Sponsored disclosure

USA: FTC Endorsement Guides 2023 Clear, conspicuous disclosure required

UK: ASA CAP Code #Ad label required; ASA enforcement

EU: Unfair Commercial Practices Directive Commercial intent must be disclosed

Canada: Competition Act / Ad Standards Canada Clear disclosure of material connections

Non-compliance with advertising disclosure requirements is a material breach of these Terms and may result in account suspension or termination, in addition to any legal liability under applicable law.

• Intellectual Property

9.1 Vitaay Platform IP

All software, algorithms, AI systems, machine learning models, designs, branding, trademarks, trade secrets, and proprietary content on the Vitaay platform are the exclusive intellectual property of Vitaay and are protected by applicable Indian, US, EU, UK, and international intellectual property laws. No license to reproduce, modify, distribute, reverse engineer, or create derivative works from Vitaay platform IP is granted.

9.2 User Content

Brands retain full ownership of their campaign briefs and brand assets. Creators retain full ownership of content they produce. By submitting content to Vitaay, you grant Vitaay a limited, non-exclusive, royalty-free, worldwide license to display, reproduce, and use that content solely for the purpose of operating the platform. This license terminates when you remove the content from our platform or close your account, subject to any operational or backup retention periods.

9.3 Campaign Content

Ownership of campaign content (videos, photos, posts, and other creative works) produced by creators for brands is governed by the specific agreement between the brand and creator. Vitaay is not responsible for disputes relating to campaign content ownership. We recommend that brands and creators execute clear written agreements specifying content ownership, usage rights, and licensing terms.

9.4 DMCA & Copyright Infringement (US Users)

Vitaay complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed on our platform, please contact connect@vitaay.ai with the subject line "DMCA Notice". We will investigate and respond within a reasonable timeframe.

• Escrow Payments & Processing Charges

This section governs all payments made through the Vitaay Escrow Payment System, including campaign escrow, releases, refunds, disputes, and direct tips. It replaces and supersedes any prior general payments clause.

10.1 The Escrow Mechanism

Vitaay uses a Stripe-powered escrow system for campaign payments between Brands and Creators. When a Brand funds a campaign, the payment amount is charged to the Brand's payment method and held securely on Vitaay's Stripe platform account — it is not immediately paid to the Creator. Vitaay is not a bank and does not itself custody escrowed funds; funds are held and processed by Stripe, Inc., a licensed and regulated payment processor, acting on Vitaay's behalf. Each campaign escrow moves through the following stages: Pending → Held → Released, Refunded, Failed, or (if a chargeback is filed) Disputed.

10.2 No Platform Commission; Processing Charges

Vitaay does not charge Brands or Creators a platform commission and does not take a cut of the campaign value. The full campaign amount agreed between the Brand and Creator is intended to reach the Creator, subject only to the processing charges described in this section. All charges arising from payment processing — including Stripe's processing fees, currency conversion fees, and international/cross-border transaction charges where applicable — are borne entirely by the Brand and are not deducted from the Creator's payout. These charges are calculated by Vitaay's systems — never by the Brand's or Creator's device — and are displayed to the Brand in the Platform UI before any payment is confirmed, in addition to the campaign amount. Should Vitaay introduce a platform commission in the future, any such change will be communicated with at least 14 days' notice per §18 and will apply only to campaigns funded after the change takes effect.

10.3 Funding & Payment Processing

Card and payment details are collected and processed exclusively by Stripe through Stripe's hosted payment fields. Vitaay does not receive, transmit, or store full card numbers, CVC/security codes, or complete bank account numbers on its own servers. All payments are additionally subject to Stripe's own terms of service and privacy practices, available at stripe.com.

10.4 Escrow Release Is Brand-Triggered Only — No Automatic Release

Escrowed funds are released to a Creator only when (a) the Brand who funded the campaign takes an explicit action to approve the deliverable and release payment, or (b) Vitaay's Admin team executes a manual release, including in mediation of a dispute. VITAAY DOES NOT OPERATE ANY AUTOMATIC, SCHEDULED, OR TIME-BASED RELEASE OF ESCROWED FUNDS. If a Brand does not act, funds may remain in "Held" status indefinitely. Creators acknowledge and accept this as a condition of using Vitaay's escrow service. Vitaay will send Brands periodic reminders regarding campaigns with long-held funds, and Creators may request mediation assistance from Vitaay Support for unreasonably delayed releases — but Vitaay does not guarantee that release will occur absent Brand or Admin action. Vitaay may, at its discretion and with prior notice to users, introduce a safeguarded, opt-in automatic release mechanism in a future release of the platform.

10.5 Refunds

A Brand may request a refund of escrowed funds only while the escrow status is "Held." Once funds have been Released and transferred to a Creator's connected account, a refund to the Brand is not guaranteed and, if agreed, may only be processed as a manual, off-cycle transaction subject to the Creator's available Stripe balance and consent; absent such agreement, recovery must be pursued directly against the Creator under the terms of the applicable campaign agreement. Vitaay's Admin team may also issue a refund at its discretion — including to resolve a dispute — with a documented reason recorded in Vitaay's internal audit log. Refund timing to the Brand's original payment method is determined by Stripe and the Brand's card issuer and is typically 3–10 business days.

10.6 Tips

Tips are separate, non-escrowed payments sent voluntarily and directly to a Creator from any authenticated user. Tip funds are transferred at the time of a successful charge, are not held pending approval, are not subject to Brand release, and — absent fraud, error, or a legal requirement — are non-refundable once sent. Minimum tip amounts (e.g., £1 / ₹100) are enforced by Vitaay's systems and may vary by currency.

10.7 Disputes & Chargebacks

If a cardholder's bank initiates a dispute or chargeback, the associated escrow is placed into a frozen "Disputed" status, during which no release or refund action is possible by either the Brand or the Creator until the dispute is resolved. Evidence submission and resolution with the card network is handled by Stripe; Vitaay will notify both the Brand and Creator and may assist with relevant information at its discretion. Once the dispute is closed, the escrow is reconciled to Released or Refunded according to the outcome. If a Brand initiates a chargeback with their card issuer after funds have already been Released to a Creator, Vitaay may recover the disputed amount from that Creator's future payouts or connected account balance, and reserves the right to suspend the Creator's account pending resolution. Vitaay bears Stripe's dispute/chargeback fee in the first instance but reserves the right to pass this fee on to the party found responsible for the disputed transaction. Vitaay is not responsible for, and does not guarantee, the outcome of any dispute decided by a card issuer, card network, or Stripe.

10.8 Creator Payout Eligibility — Identity Verification (KYC)

Before a Creator can receive any payout — whether from a campaign release or a tip — the Creator must complete identity verification ("KYC") through Stripe Connect. Vitaay does not itself collect or verify government identity documents; this is performed by Stripe as a regulated payment institution. A Brand may fund a campaign for a Creator who has not yet completed verification, but no funds can be released or transferred to that Creator until verification is complete. Vitaay reserves the right to block, delay, hold, or reverse a payout where required by applicable anti-money laundering (AML), counter-terrorist-financing, or sanctions-screening obligations, including obligations performed by Stripe on Vitaay's behalf.

10.9 Currency, Payouts & Taxes

Campaigns may be created and charged in the Brand's local currency; however, all Creator payouts are made in United States Dollars (USD), regardless of the currency in which the campaign was funded. The transfer amount is derived from the underlying Stripe balance transaction and may be affected by foreign exchange rates and conversion fees applied by Stripe, which are outside Vitaay's control. Once released from escrow, funds are transferred to the Creator's Stripe balance and paid out to the Creator's linked bank account on the payout schedule configured for that connected account (interval and delay days as set during onboarding or by Vitaay's default configuration); actual receipt timing depends on Stripe's and the receiving bank's processing times. All charges are quoted exclusive of applicable taxes, including GST (India), VAT (EU/UK), HST (Canada), or other local taxes, which shall be added where applicable. Creators are solely responsible for their own tax obligations arising from campaign income and tips, as set out in §7. Currency conversion for international transactions is handled by Stripe; Vitaay is not responsible for foreign exchange rate fluctuations. Where applicable Indian tax law requires Vitaay to separately itemize or withhold GST on creator payouts, this section will be updated and users will be notified before the change takes effect (see §18).

10.10 Payment Processor Disclaimer & General Liability

Payments are processed via Stripe, Inc. and its affiliates in compliance with PCI-DSS standards. Vitaay is not liable for service interruptions, delays, security incidents, or errors caused by Stripe or any other third-party payment processor, though Vitaay will make reasonable efforts to assist affected users in resolving such issues. Beyond the escrow, release, refund, dispute-freeze, and KYC mechanisms described in this §10, Vitaay is not liable for payment disputes between Brands and Creators arising from disagreements about deliverable quality, campaign performance, or the underlying commercial relationship; Vitaay may assist in mediation at its discretion but is not obligated to resolve such disagreements. Refund and cancellation terms in this §10 do not affect any statutory consumer rights you may have in your jurisdiction, which remain unaffected per §19.

• Disclaimers & Limitation of Liability

11.1 Platform Disclaimer

Vitaay provides a marketplace platform on an "as-is" and "as-available" basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific campaign outcomes, creator performance, brand ROI, engagement rates, or the success of any partnership.

11.2 No Endorsement

Vitaay does not endorse, verify, or guarantee the quality, reliability, accuracy, or legality of any brand's products or services or any creator's content. Due diligence before entering a partnership is the sole responsibility of both parties.

11.3 Limitation of Liability

To the maximum extent permitted by applicable law, Vitaay and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to the use of or inability to use the Vitaay platform, including but not limited to: lost revenue, lost business, lost partnerships, reputational damage, loss of data, or costs of substitute services.

Our total aggregate liability to any user shall not exceed the greater of: (a) the total fees paid by that user to Vitaay in the 12 months immediately preceding the claim giving rise to liability; or (b) USD 100 (or equivalent in local currency).

Nothing in these Terms shall exclude or limit liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any statutory rights that cannot be excluded under applicable consumer protection laws in your jurisdiction. If you are a consumer in the EU, UK, or other jurisdiction with mandatory consumer protection laws, those statutory rights apply.

• Indemnification

You agree to indemnify, defend, and hold harmless Vitaay and its officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of or inability to use the Vitaay platform; (b) your violation of these Terms or our Privacy Policy; (c) your violation of any applicable law or regulation, including advertising disclosure laws; (d) your violation of any third-party rights, including intellectual property rights; or (e) any dispute between you and another user.

• Third-Party Social Media Platforms

Vitaay integrates with third-party social media platforms (Instagram/Meta, TikTok, YouTube/Google, Twitter/X, LinkedIn, or E-commerce) for profile verification, analytics, and campaign tracking. Use of these integrations is subject to the respective platform's terms of service and privacy policies. Vitaay is not responsible for: (a) changes to third-party platform APIs, policies, or access restrictions that may affect Vitaay's functionality; (b) the accuracy or completeness of data retrieved from third-party platforms; or (c) any actions taken by third-party platforms with respect to your accounts.

• Platform Availability & Modifications

We reserve the right to modify, update, suspend, or discontinue any part of the Vitaay platform at any time for purposes including maintenance, security updates, regulatory compliance, or business reasons. We will endeavor to provide advance notice of significant changes or scheduled downtime where reasonably practicable. Vitaay is not liable to you or any third party for any modification, suspension, or discontinuation, except where required by applicable law.

• Termination
• You may close your account at any time by contacting connect@vitaay.ai or through account settings where available
• Vitaay may suspend or permanently terminate accounts for violations of these Terms, fraudulent or abusive conduct, regulatory requirements, or at our reasonable discretion with notice where practicable
• Upon termination, your access to the platform and any active campaigns will cease; however, outstanding obligations (e.g., payment for completed deliverables, and any escrowed funds already Held) remain legally enforceable and any Held escrow will be resolved per §10
• Provisions of these Terms that by their nature should survive termination will do so, including but not limited to: intellectual property provisions, §5A (content moderation and enforcement obligations), §10 (to the extent any escrow remains unresolved), limitation of liability, indemnification, and dispute resolution
• Data handling upon termination is governed by our Privacy Policy
• Dispute Resolution

16.1 Initial Resolution

In the event of a dispute between users, both parties are encouraged to first attempt resolution through direct, good-faith communication. If that fails, the dispute may be escalated to Vitaay's support team at connect@vitaay.ai for mediation assistance. Vitaay reserves the right, but not the obligation, to assist in mediating disputes between brands and creators, including payment-related disputes under §10.7.

16.2 Formal Dispute Resolution — Indian Users

Disputes not resolved through the above process shall be subject to binding arbitration under the Arbitration and Conciliation Act, 1996 (India) or, at Vitaay's election, to the exclusive jurisdiction of the competent courts of Gurugram, Haryana, India.

16.3 US Users — Arbitration Agreement & Class Action Waiver

For users in the United States: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Vitaay shall be resolved by binding individual arbitration under the rules of the AAA, and not in a court of law. YOU AND VITAAY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.

16.4 EEA / UK Users

EEA consumers may have the right to submit disputes to the European Online Dispute Resolution (ODR) platform. UK consumers may contact the UK European Consumer Centre. These Terms do not affect any mandatory rights you have as a consumer under EU or UK law.

16.5 Australian Users

Australian consumers retain all rights under the Australian Consumer Law (ACL) regardless of any provisions in these Terms. Disputes may be referred to the ACCC or the relevant state Consumer Affairs body.

• Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions, except where applicable mandatory consumer protection laws in your jurisdiction require otherwise. For the avoidance of doubt:

• US users are also subject to applicable US federal and state law, including consumer protection regulations
• EEA users are subject to applicable EU Directives, including the Consumer Rights Directive and Unfair Commercial Practices Directive
• UK users are subject to applicable UK consumer protection legislation
• Modifications to Terms

Vitaay reserves the right to update or modify these Terms at any time in response to legal changes, regulatory requirements, platform evolution, or business needs — including changes to processing charges or platform commission arrangements (§10.2), escrow mechanics (§10.4), or content moderation and enforcement procedures (§5A). Material changes will be communicated to registered users:

• Via email notification to your registered email address at least 14 days before material changes take effect
• Via in-platform notification upon login
• Via a prominent notice on vitaay.ai

Continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not accept material changes, you must stop using the platform and may close your account.

• Consumer Protections & Statutory Rights

Nothing in these Terms, including §10, is intended to exclude, limit, or modify any consumer protection rights you have under the mandatory applicable laws of your jurisdiction, including but not limited to:

• India: Consumer Protection Act 2019, e-Commerce Rules 2020, and DPDPA 2023
• USA: Applicable state consumer protection laws, FTC Act Section 5, and state data protection statutes
• EU: Consumer Rights Directive, Unfair Contract Terms Directive, and GDPR
• UK: Consumer Rights Act 2015, Unfair Contract Terms Act 1977, and the Consumer Contracts Regulations 2013
• Canada: Consumer Protection Act (Ontario and other provinces), Competition Act, and PIPEDA
• Australia: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010)
• Severability

If any provision of these Terms is found to be unenforceable, invalid, or contrary to applicable law under any jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions will continue in full force and effect. The unenforceability of any provision in one jurisdiction shall not affect the enforceability of that provision in any other jurisdiction.

• Entire Agreement

These Terms, together with the Vitaay Privacy Policy, Cookie Policy (as updated on vitaay.ai), and any campaign-specific agreements entered into through the platform, constitute the entire agreement between you and Vitaay regarding your use of the Vitaay platform. These Terms supersede all prior agreements, understandings, negotiations, or representations, whether written or oral, relating to the subject matter herein.

• Waiver

No failure or delay by Vitaay in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right. No single or partial exercise of any right shall preclude any further exercise of that or any other right.

• Assignment

You may not assign or transfer any rights or obligations under these Terms without Vitaay's prior written consent. Vitaay may assign these Terms, in whole or in part, to any affiliate, successor entity, or in connection with a merger, acquisition, or asset sale, provided that the assignee assumes all obligations hereunder. Any purported assignment in violation of this section shall be null and void.

• Force Majeure

Vitaay shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, government actions, pandemic, internet or telecommunications failures, power outages, or third-party platform disruptions (including Stripe service outages affecting §10). We will notify affected users and endeavor to resume normal service as soon as reasonably practicable.

• Contact — Legal & General Enquiries

For any legal questions, account support, complaints, or general enquiries, please contact:

Legal & Support Team: Vitaay

Email: connect@vitaay.ai

Legal Subject: Legal Inquiry — Vitaay

Support Subject: Support — Vitaay

Response Time: 5 to 7 business days (mark URGENT for time-sensitive matters)

© Vitaay 2026. All rights reserved.