Introduction :

By using the services provided by Aikenda®️ ("Our Services"), you ("User" or "You") agree to be bound by the Privacy Policy and Terms & Conditions outlined here. Please read these documents carefully before accessing or using Our Services. If you do not agree with any part of the Privacy Policy or Terms & Conditions, you must refrain from using Our Services.

Definition of User :

For the purposes of these Terms and Conditions, the term "User" refers to any individual, entity, or representative who accesses, visits, or uses the Aikenda®️ website, services, or platform in any capacity. This includes, but is not limited to:

1. Registered users : Individuals who have created an account on the Aikenda®️ platform, whether as advertisers, influencers, photographers, freelancers, or in any other capacity.

2. Visitors : Individuals who access or browse the Aikenda®️ website or platform without creating an account.

3. Customers : Individuals who engage in transactions, make purchases, or use services offered by other users or third-party vendors through the Aikenda®️ platform..

4. Contributors : .Individuals who contribute content, feedback, reviews, or other materials to the Aikenda®️ platform, whether publicly or privately.

5. Representatives : Individuals acting on behalf of an entity, organization, or business that accesses or uses the Aikenda®️ platform for business purposes, including but not limited to employees, agents, contractors, and affiliates.

In summary, the term "User" encompasses all individuals who interact with the Aikenda®️ platform, whether directly or indirectly, regardless of their role, status, or purpose of engagement.

Platform services :

Aikenda®️.in serves as a platform for Users to negotiate and interact with other Users regarding the provision of services related to marketing needs. Aikenda®️ (or Aikenda®️.in) is not a party to any negotiations that occur between Users on the website and is not involved in any agreements, including those for the sale or supply of services or other transactions, concluded between the Users.

Aikenda®️ does not control, and is not responsible for, the quality, safety, legality, genuineness, or availability of services offered on the website. Additionally, Aikenda®️ is not liable for the ability of Users selling services to complete a sale or for Users purchasing services to complete a purchase. This agreement does not create any partnership, joint venture, or other joint business relationship between Aikenda®️ and any other party.

By clicking "Register," "Sign Up," or similar, and by registering, accessing, or using our services, you agree to enter into a legally binding contract with Aikenda®️ (even if using the services on behalf of a company). If you do not agree to this contract ("User Agreement"), do not click "Sign Up" or "Register," and refrain from accessing or using any of our services. If you wish to terminate this agreement, you can do so at any time by closing your account and discontinuing access to our services.

Child Protection Laws, POCSO, and Pornography :

Users are strictly prohibited from engaging in any activities on this platform that violate child protection laws, including but not limited to the POCSO Act. Any content involving child exploitation, abuse, or any form of child pornography is strictly forbidden. Aikenda®️ (or Aikenda®️.in) serves solely as a platform for users to share content and does not produce, endorse, or control the content shared. Therefore, Aikenda®️ is not liable for any unlawful activities carried out by users. However, Aikenda®️ reserves the right to report any activities that violate child protection laws to the appropriate authorities and to take necessary legal action. Aikenda®️ will not be held liable for any violations committed by users.

Women Safety and Indian Laws :

Aikenda®️ is committed to promoting women's safety and adheres to all Indian laws governing online women's safety, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Any form of harassment, abuse, or exploitation of women on this platform is strictly prohibited. Users are expected to respect the dignity and rights of women at all times.

Liability for Violations :

While Aikenda®️ (or Aikenda®️.in) serves as a platform for user-generated content, it does not tolerate violations of women's safety laws or any other applicable laws. Aikenda®️ is not responsible or liable for content posted by users that may violate these laws. However, Aikenda®️ reserves the right to take appropriate actions, including removing offending content, suspending or terminating user accounts (whether identified through proactive monitoring or reported by a third party), and cooperating with law enforcement authorities to address such violations.

Child Labour Laws and Minimum Age for Advertisements :

Aikenda®️ strictly adheres to Indian laws regarding child labor, including the Child Labour (Prohibition and Regulation) Act, 1986, and the minimum age requirements for internet advertisements as set forth by the Advertising Standards Council of India (ASCI). Users are prohibited from engaging in or promoting activities on this platform that involve or support child labor. Aikenda®️ will not be held liable for any violations committed by users.

Parental Controls and Responsibility :

Parents and legal guardians are encouraged to monitor and supervise their children's activities on the platform, particularly if the child is below the minimum age for internet advertisements.

Liability for Violations :

Aikenda®️ does not condone violations of child labor laws or the minimum age requirements for internet advertisements. While Aikenda®️ may take necessary actions, such as removing infringing content, suspending or terminating accounts, and working with law enforcement, it is not liable for any content posted by users that violates these laws.

User Responsibility for Activities and Content :

Users are solely responsible for all activities conducted on the Aikenda®️ platform and for the content they upload, post, or share. While Aikenda®️ provides a platform for user-generated content, it does not endorse, control, or monitor all content posted by users. Users must ensure that their content complies with all applicable laws, including those related to trademark, copyright, and other intellectual property rights.

Limitation of Aikenda®️'s Liability :

Aikenda®️ is not liable for any infringement of trademark, copyright, or other intellectual property rights arising from user-generated content. Although Aikenda®️ may take measures to enforce its policies and remove infringing content, it cannot guarantee the complete prevention of such violations. Users acknowledge and accept that Aikenda®️ cannot control every aspect of the content posted and therefore assume all risks associated with using the platform.

Prohibited Activities :

- Users are strictly prohibited from engaging in the following activities on Aikenda®️.in or any Aikenda®️ platform:

- Offering fraudulent services or making misleading offers.

- Selling counterfeit, stolen, or prohibited items. .

- Using the platform for fraud, deception, or illegal activities.

- Misleading others about the origin of messages or communicating false or offensive information.

- Selling or promoting products that infringe upon intellectual property rights.

- Violating any applicable laws, including those related to export control, consumer protection, unfair competition, or false advertising.

- Dealing with controversial weapons or defense equipment.

- Engaging in defamatory, abusive, threatening, or unlawful behavior.

- Sharing obscene or sexually explicit content. .

- Promoting discrimination based on race, sex, religion, or other protected attributes.

- Posting unauthorized advertising, spam, or harassing content.

- Soliciting business from users in competition with Aikenda®️. .

- Threatening national unity, public order, or friendly relations with foreign states.

- Distributing computer viruses or destructive code.

- Linking to or describing prohibited goods or services.

Users found violating these policies may face account suspension or termination, and Aikenda®️ reserves the right to take legal action if necessary.

Prohibition of Unauthorized Data Collection and Automated Tools :

Users are strictly prohibited from engaging in unauthorized data collection, automated scraping, or using tools to extract data from the Aikenda®️.in platform. This prohibition extends to actions undermining platform integrity, violating user privacy, or breaching the platform's terms and conditions.

User(s) agree not to :

• Use automated software, tools, or scripts to scrape, extract, or collect data from the Aikenda®️.in platform without prior written consent.
• Engage in data mining, harvesting, or scraping beyond normal user interactions.
• Attempt to bypass security measures, access controls, or restrictions implemented by Aikenda®️ to prevent unauthorized data collection.
• Collect, store, or process data from the platform for commercial purposes, including resale, redistribution, or use in competing services.
• Violate users’ privacy by collecting personal information—such as usernames, email addresses, or other identifiers—without explicit consent.
• Reproduce, modify, or redistribute data from the platform in ways that infringe upon the intellectual property rights of Aikenda®️ or any third party.

Prohibition of AI Tools for Cybercrime :

The use of AI tools or algorithms for malicious activities on the Aikenda®️ platform is strictly prohibited. This includes actions involving hacking, phishing, identity theft, data breaches, or other cyber-attacks.

User(s) agree not to :

- Develop, deploy, or distribute AI-powered tools or algorithms to exploit vulnerabilities, compromise security, or gain unauthorized access to the platform or user data. .

- Use AI tools to automate fraudulent activities, such as creating fake accounts, generating spam content, or conducting fraudulent transactions.

- Employ AI techniques for social engineering, manipulating user behavior, or spreading misinformation and disinformation.

- Engage in AI-driven attacks aimed at disrupting the platform, such as denial-of-service (DoS) attacks, botnet operations, or other malicious activities.

- Collaborate with third parties involved in developing or distributing AI tools for cybercrime purposes..

Violations of this policy will result in immediate account suspension or termination. Aikenda®️ reserves the right to take legal action to protect its platform, users, and intellectual property.

Platform for User Interaction and Contracting :

Aikenda®️ serves as a platform to connect advertisers, influencers, photographers, freelancers, and other users, facilitating interactions and agreements between them. Aikenda®️ does not control or dictate terms of engagement, contracts, or transactions between users.

User(s) acknowledge and agree that :

-Aikenda®️ solely provides a platform for connection and interaction and does not regulate the formation, negotiation, or execution of contracts between users.

-Any agreements or arrangements between users are the responsibility of the involved parties.

- Aikenda®️ does not guarantee the quality, performance, or outcome of any transaction, service, or project initiated on the platform. .

- Users are responsible for conducting due diligence, negotiation, and fulfilling contractual obligations. .

- Aikenda®️ shall not be liable for disputes, breaches, or dissatisfaction resulting from interactions between users. .

- Users must ensure compliance with all platform terms and applicable laws of India. .

- Users assume the risks of any transaction conducted based on content, information, or material on the platform. .

- Users accept any liability or harm related to subsequent activities concerning products or services transacted through the platform.

By using the platform, users release Aikenda®️ from any claims, demands, or liabilities resulting from interactions, contracts, or transactions with other users. Aikenda®️ is not responsible for any consequences arising from these interactions or activities.

Certainly, here's an addition covering guidelines for AI influencers and their creators:

Guidelines for AI Influencers and Creators :

Aikenda®️ provides a platform for the creation, deployment, and management of AI influencers—digital personas powered by artificial intelligence algorithms. Users who create, maintain, or engage with AI influencers on the Aikenda®️ platform must adhere to the following guidelines:

1. Transparency : Creators must ensure transparency by clearly indicating that AI influencers are artificial entities. Users interacting with them should be aware of their artificial nature and limitations.

2. Authenticity : AI influencers should not pose as real humans. Creators are responsible for preventing deceptive practices and ensuring that the AI does not spread false information.

3. Compliance : CCreators must follow all relevant laws, regulations, and industry standards related to AI technologies, including but not limited to data privacy laws, intellectual property rights, and advertising guidelines. .

4. Ethical Use : The use of AI influencers should be ethical and responsible. Creators should avoid actions that could harm users, manipulate emotions, or mislead the public. The privacy and dignity of users must always be respected.

5. Content Guidelines : AI-generated content must align with the same community standards and content policies that apply to human users on the Aikenda®️ platform. Creators are required to monitor and moderate the content to ensure compliance.

6. Accountability : Creators are fully accountable for the behavior, actions, and content of their AI influencers. They must address any issues, complaints, or violations promptly to maintain platform integrity.

7. User Engagement : Users interacting with AI influencers must be informed about the nature and limitations of the AI. Creators should provide clear guidelines for interactions and actively monitor to prevent misuse or abuse.

By participating in the creation or interaction with AI influencers on Aikenda®️, users agree to these guidelines and accept responsibility for their actions. Aikenda®️ reserves the right to take necessary actions, including the suspension or removal of AI influencers, in cases of non-compliance or misuse. All agreements, terms, conditions, and data privacy policies apply to creators of AI influencers.

Responsibilities of Social Media Managers :

Social media managers who oversee accounts for creators or influencers on the Aikenda®️ platform have specific responsibilities and obligations to uphold::

1. Compliance : Managers should conduct themselves ethically and responsibly while managing accounts, avoiding any actions that could harm users, manipulate engagement metrics, or mislead the public.

2. Ethical Conduct : Social media managers should act ethically and responsibly in managing accounts, avoiding any actions that could harm users, manipulate engagement metrics, or deceive the public.

3. Transparency : It is essential for social media managers to be transparent about their role. They should clearly communicate their involvement in managing accounts to users and followers.

4. Content Moderation : Managers are responsible for moderating content posted on behalf of creators or influencers. They must ensure that all content complies with platform guidelines and community standards, actively monitoring comments, messages, and interactions to address any violations or concerns promptly.

5. User Engagement : Social media managers should engage with users and followers in a professional and respectful manner, representing the creator or influencer's brand appropriately. They should respond to inquiries, comments, and feedback in a timely and courteous manner.

6. Reporting and Accountability : Managers should report any issues, complaints, or violations to the creator or influencer immediately. They are responsible for maintaining accurate records of account activities and engagements, ensuring accountability and transparency. .

7. Training and Education : Social media managers should stay updated on best practices, industry trends, and changes in platform policies. Ongoing training and education are essential to enhance their skills and knowledge in social media management.

Both social media managers and the creators or influencers they represent share joint liability for any violations of laws, regulations, or platform guidelines. By utilizing the services of social media managers on the Aikenda®️ platform, creators and influencers acknowledge this shared responsibility. Aikenda®️ will not be liable for any content managed and posted by social media managers.

Profile Sharing :

Aikenda®️ allows users to share their profiles with other users or third parties through the profile sharing feature. By using this feature, users acknowledge and agree to the following terms:

1. Voluntary Sharing : Profile sharing is entirely voluntary, and users are responsible for deciding whether or not to share their profiles with others.

2. Assumption of Risk : Users understand and accept that sharing their profiles may involve risks, such as privacy breaches, unauthorized access to personal information, and misuse of shared data.

3. Loss Limitation : Aikenda®️ shall not be held liable for any loss or damage resulting from the sharing of profiles, including financial loss, reputational harm, or any other type of damage, whether direct, indirect, incidental, consequential, or punitive.

4. User Responsibility : Users are solely responsible for exercising caution and discretion when sharing their profiles. It is advised that users carefully assess the trustworthiness and intentions of the recipients before sharing any sensitive information..

By using the profile sharing feature, users agree to release Aikenda®️ from any liability related to profile sharing and indemnify Aikenda®️ against any claims, losses, or damages arising from the sharing of profiles..

Use of Third-Party Analytics and Marketing Tools :

Aikenda®️ employs third-party analytics and marketing tools to gather insights, enhance user experience, and optimize marketing strategies. These tools may include, but are not limited to, Google Analytics, Facebook Pixel, and similar services. By using the Aikenda®️ platform, users acknowledge and agree to the following:

1. Data Collection : Third-party analytics and marketing tools may collect data related to user interactions with the Aikenda®️ platform, such as website usage patterns, demographics, and preferences.

2. Data Processing : The data collected by these third-party tools is processed and analyzed by the respective service providers in accordance with their own terms of service and privacy policies..

3. No Control : Aikenda®️ does not control how third-party analytics and marketing tools collect, process, or use user data. Users are encouraged to review the privacy policies and terms of service of these third-party providers for more information on their data practices. .

4. Limitation of Liability : Aikenda®️ will not be held liable for any loss of data or related issues arising from the use of third-party analytics and marketing tools. Users agree to release Aikenda®️ from any liability for damages or losses caused by the activities of these third-party service providers.

By continuing to use the Aikenda®️ platform, users implicitly agree to these terms and release Aikenda®️ from any responsibility related to the actions of third-party service providers.

Payment Related Data :

Aikenda®️ relies on third-party payment aggregators and gateway providers to facilitate payment transactions on our platform. When you make a payment, these third-party providers collect and process payment-related data, which may include your payment method, billing address, and transaction details. .

It is important to note that Aikenda®️ does not collect or store any of your payment-related data, such as card details, UPI information, or internet banking credentials. This information is collected and processed directly by our third-party payment service providers.

We ensure that these providers handle your payment information securely. However, the processing and use of your payment-related data are governed by the privacy policies of the respective third-party service providers. We strongly recommend that you review these privacy policies to understand how your payment data is handled.

While we take necessary precautions to ensure the security of your payment transactions on our platform, Aikenda®️ cannot guarantee the security or privacy practices of third-party service providers. As a result, Aikenda®️ is not liable for any loss related to payment transactions, including but not limited to financial loss, data breaches, or unauthorized transactions.

Definition of Advertiser :

An advertiser on the Aikenda®️ platform is defined as any legal entity under Indian law, individual, proprietor, or person wishing to advertise products, services, or offerings through Aikenda®️. By registering as an advertiser, users agree to the following terms and conditions::

1. Terms and Conditions : Advertisers must comply with all terms and conditions set forth by Aikenda®️ regarding the use of the platform, user interactions, and advertising practices..

2. Privacy Policy : Advertisers agree to adhere to Aikenda®️'s privacy policy, which governs the collection, use, and disclosure of any personal information provided or collected through the platform..

3. Advertisement Guidelines : Advertisers must follow Aikenda®️'s guidelines for creating and publishing advertisements, ensuring compliance with relevant laws, regulations, and community standards.

Additionally, advertisers are strictly prohibited from::

- Misrepresenting their identity or providing false or misleading information when registering or creating advertisements. .

- Offering or promoting content related to pornography or any material prohibited or restricted by Indian law or Aikenda®️’s community standards.

By registering and using Aikenda®️ for advertising, advertisers agree to these terms and accept responsibility for ensuring compliance with all applicable laws and regulations.

Payment and Refund Terms and Conditions

Accepted Payment Methods :

Aikenda®️ only accepts transactions conducted in Indian Rupees (INR) by Indian citizens residing in India. Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), or any other individuals not currently living in India are not eligible to transact on our platform. Any user found creating fake accounts or attempting to transact in a currency other than INR will face legal action. Aikenda®️ is not liable for any fraudulent activities resulting from such actions.

Aikenda®️ reserves the right to refuse or cancel transactions that do not meet our criteria or that violate legal or regulatory requirements. We may also implement additional verification processes to ensure compliance with these terms.

Users are responsible for ensuring that payments made are legal under Indian law and comply with the Reserve Bank of India (RBI) guidelines. Any violation of these laws is the sole responsibility of the user, and Aikenda®️ will not be held liable for any consequences.

Donations (Aikenda®️ Does Not Accept Donations) :

Aikenda®️ does not accept donations. The platform is exclusively for commercial transactions related to the purchase of goods and services provided by Aikenda®️ and its partners. We do not process or facilitate donations to charitable organizations or causes.

We appreciate the generosity of our users, but Aikenda®️ lacks the infrastructure to handle donations. Any attempts to make donations through our platform will not be processed, and users are encouraged to pursue alternative channels for charitable giving.

User Transactions and Advertisements :

Aikenda®️ does not engage in or mediate transactions between users on the platform. Any advertisements, listings, or services offered by users, as well as the prices or rates they specify, are for informational purposes only. Users conduct transactions with each other entirely at their own risk. .

Any transactions or agreements resulting from user interactions, including purchases or service agreements, take place outside of the Aikenda®️ platform. Aikenda®️ is not a party to these transactions and is not responsible for any issues, disputes, or claims that may arise.

Users are solely responsible for verifying the credibility, legality, and quality of the goods or services offered by other users. Aikenda®️ does not endorse, guarantee, or validate the accuracy or reliability of user-generated content, including advertisements or listings.

By using the Aikenda®️ platform, users acknowledge and agree that any transactions or agreements with other users are independent of Aikenda®️, and Aikenda®️ bears no responsibility for the fulfillment, quality, or legality of such transactions.

If you encounter fraudulent or suspicious activity on the platform, please report it to us immediately for investigation. However, Aikenda®️ does not mediate or arbitrate disputes between users regarding transactions conducted outside the platform. .

Refund Eligibility : Refunds are subject to approval at Aikenda®️'s discretion. The eligibility for a refund depends on the type of product or service purchased and the specific circumstances of the request. Refund requests made after a service has been fully used will not be entertained and will be considered fraudulent.

Refund Processing : AApproved refunds will be processed using the original method of payment. Please allow a reasonable time for the refund to be reflected in your account, as processing times depend on your financial institution.

Non-Refundable Items : Certain products or services are not eligible for refunds, including but not limited to digital downloads, personalized or customized items, and services that have already been rendered. .

Limitation of Liability : Aikenda®️ is not liable for any damages, losses, or expenses related to payment issues, including unauthorized transactions, payment processing delays, or disputes with financial institutions.

Disclaimer :

The features and services on the Aikenda®️ website are provided on an "as is" and "as available" basis, and Aikenda®️ hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded. Aikenda®️ makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, or completeness of any information provided on or through the Aikenda®️ website, including the display or listing of any information, which in no manner is endorsed by Aikenda®️. Aikenda®️ has no association of whatsoever nature with the publisher and/or the published contents. Moreover, Aikenda®️ does not facilitate or participate in any sale, delivery, transaction, and/or storage related to any product, including but not limited to controversial weapons, cluster munitions, anti-personnel mines, and other such defense equipment. Aikenda®️ does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Aikenda®️ website does not violate any third-party rights; and Aikenda®️ makes no representations or warranties of any kind concerning any product or service offered or displayed on the website. Any material downloaded or otherwise obtained through the website is at the user(s) sole discretion and risk, and the user(s) is solely responsible for any damage to their computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the user(s) from the website or through or from the website shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall Aikenda®️ be held liable for any delay, failure, or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications, or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Users hereby agree to indemnify and save Aikenda®️, its affiliates, directors, proprietors, officers, and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from their use of the website (including but not limited to the display of user(s) information on the website) or from the user(s)’s breach of any of the terms and conditions of this Agreement. Users hereby further agree to indemnify and save Aikenda®️, its affiliates, proprietors, directors, officers, and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from the user(s)’s breach of any representations and warranties made by the user(s) to Aikenda®️..

Users hereby further agree to indemnify and save Aikenda®️, its affiliates, directors, officers, and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third-party rights claimants or other third parties relating to products offered or displayed on the website. Users hereby further agree that Aikenda®️ is not responsible and shall have no liability for any material posted by other users or any other person, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with the users. Aikenda®️ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any users, in which event such users shall cooperate with Aikenda®️ in asserting any available defenses..

Aikenda®️ shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability, or otherwise or any other damages resulting from any of the following:

- The use or the inability to use the website;

- Any defect in goods, request denial, contact sharing, samples, data, information, or services purchased or obtained from a user(s) or a third-party service provider through the website;

- Violation of third-party rights or claims or demands that user(s) manufacture, importation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the website may violate or may be asserted to violate third-party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by third-party rights claimants;

-Unauthorized access by third parties to data or private information of any users;

- Statements or conduct of any users of the website;

- Any matters relating to premium services however arising, including negligence..

Changes and Updates :

KAikenda®️ is currently in the evolving phase and may introduce new services, features, or updates to improve user experience and functionality. As a result, the website may undergo significant changes, including but not limited to changes in trademarks, name, contact details including emails and phone numbers, payment methods, and subscription plans. It is essential for all parties associated with Aikenda®️ to regularly visit the website and review the updated terms and conditions, including any changes to payment gateways or other policies. By continuing to use the Aikenda®️ platform, users implicitly agree to abide by the most recent version of the terms and conditions and acknowledge the responsibility to stay informed about any updates or modifications.