Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as a Visitor, Buyer, or Creator, as defined below) and GETVIK ("Getvik", "we", "us", or "our"), having its principal place of business at Meerut, Uttar Pradesh, India.

By registering for an account, accessing, or using the online marketplace located at getvik.com (including all subdomains, tools, services, and associated applications) (collectively, the "Platform"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

Definitions

• Account means the registered user profile created by a Visitor to access specific features of the Platform as a Buyer or Creator.
• Buyer means any User who accesses the Platform and purchases or downloads Products listed by Creators.
• Creator means any User who creates a store profile on the Platform to list, display, market, and sell Products to Buyers.
• Product means any digital good, digital download, file, software asset, template, course, membership, or other digital material listed for sale or distribution by a Creator on the Platform.
• User means any individual or entity that accesses or uses the Platform, including Visitors, Buyers, and Creators.
• Visitor means any individual who browses the public pages of the Platform without registering an Account.

1. Marketplace Model & Service Boundaries

• Online Marketplace Facilitation: Getvik operates an online marketplace that facilitates transactions between Creators and Buyers. Getvik provides the marketplace infrastructure, payment facilitation, digital file delivery, moderation tools, fraud prevention features, and creator management tools.
• Bilateral Contract of Sale & Constructive Receipt: You acknowledge and agree that when a Buyer purchases a Product, the contract of sale is strictly bilateral between the Creator and the Buyer. Getvik is not a party to the transaction, is not a seller of the Products, and is not a Merchant of Record. The Creator hereby appoints Getvik as its limited commercial agent solely for the purpose of accepting, facilitating, and processing payments from Buyers on the Creator’s behalf. Buyer's payment to Getvik shall satisfy the Buyer's obligation to pay the Creator for the Product. Under this agency model, receipt of funds by Getvik constitutes "constructive receipt" of those funds by the Creator, and the transaction is legally complete as between the Buyer and the Creator upon Getvik's receipt of the payment.
• No Fiduciary Relationship: Getvik is not a bank, wallet, escrow service, financial institution, trustee, or fiduciary. Funds facilitated through the Platform do not represent deposits, and no interest is paid on any balances held.

2. Account Registration & Security Obligations

• Eligibility and Age Representation: The Platform is not intended for individuals under eighteen (18) years of age. By creating an Account or accessing the Platform, you represent, warrant, and covenant that you are at least 18 years old and possess the legal capacity to enter into a binding contract under applicable laws (including the Indian Contract Act, 1872). Any registration or use of the Platform by anyone under 18 is strictly unauthorized and constitutes a material breach of these Terms. If you are registering on behalf of a minor, you represent that you are their legal guardian and agree to accept full joint and several liability for their actions on the Platform.
• Account Security: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at support@getvik.com if you suspect any unauthorized access or breach of security.
• Account Limits: Only one Account may be registered per email address. Username transfers, leasing, or sales are not permitted. Getvik reserves the right, acting reasonably, to reject Account applications or suspend Accounts that provide inaccurate or fraudulent information.

3. Creator Obligations & Product Standards

• Ownership and Rights: Creators must own all intellectual property rights, licenses, and permissions necessary to sell, host, and distribute their Products. You represent and warrant that your Products do not infringe upon any third-party copyrights, patents, trademarks, trade secrets, or privacy rights.
• Product Listings: Creators must provide honest, complete, and accurate descriptions, pricing, and refund policies for all listed Products. You agree to deliver the Products exactly as described.
• Support Obligations: Creators are responsible for providing reasonable support to Buyers who purchase their Products. You must maintain active contact channels and address Buyer queries or issues in a timely and professional manner.
• AI-Generated Content Policy: Creators must not list low-effort, mass-produced AI-generated content or "slop" that fails to meet the marketplace quality standards set by Getvik. Getvik reserves the right, in its sole discretion acting reasonably, to determine what constitutes low-effort or mass-produced AI-generated content and to remove listings or suspend accounts that violate this standard.
• E-Commerce Regulatory Compliance: Creators must comply with the Consumer Protection (E-Commerce) Rules, 2020. You must provide Getvik with your full legal name, geographic address, active support contact details (email address), GSTIN (if applicable), and the verified "Country of Origin" for each Product. You authorize Getvik to display this information on your storefront and Product listings to comply with legal obligations.

4. Buyer Licensing & Digital Consumption

• Buyer License: When a Buyer purchases a Product, the Creator grants the Buyer a non-exclusive, non-transferable, worldwide license to download, access, and use the Product. The scope of this license is determined by the license type selected by the Creator (e.g., personal, commercial, open-source, or custom license).
• Default License: If no specific license type is designated by the Creator, the Buyer is granted a personal, non-exclusive, non-transferable, revocable license to use the Product solely for personal, non-commercial purposes.
• Restrictions: Except as explicitly permitted by the Creator's chosen license, Buyers must not redistribute, resell, sub-license, share, publicly perform, modify, or reverse engineer any purchased Products.
• Buyer Access to Purchased Products: Once a Buyer has completed a purchase, Getvik will use commercially reasonable efforts to continue providing access to previously purchased Products for as long as the Platform continues operating those services, even if the Creator subsequently deletes the listing or closes their store.

5. Pricing, Payments & Gateway Charges

• Pricing Control: Creators are responsible for determining the prices of their Products, subject to any technical limitations or policies published by Getvik, which may include enabling "pay-what-you-want" dynamic pricing within thresholds established on the Platform. Price adjustments affect future purchases only.
• Platform Fees: Getvik charges a Platform Fee of 10% (unless a different rate is specified in writing or on our Pricing page) for providing hosting, delivery, and marketing facilitation. This Platform Fee is calculated and deducted solely from the net amount received from the third-party payment gateway (i.e., the gross purchase price minus gateway processing fees, international transaction costs, and applicable taxes), before the final payout is credited to the Creator's balance. Current platform fees are subject to change, and Getvik will provide Creators with reasonable notice prior to implementing any fee changes.
• Payment Gateways: All payments are processed through third-party payment providers (including Cashfree, PayPal, and others). By using these services, you agree to comply with the respective third-party payment terms. Payment processing fees and gateway transaction charges are deducted from the transaction proceeds before payout to the Creator.
• Glitch and Error Cancellation: In the event that a technical exploit, system glitch, rounding error, or parsing bug allows a Product to be purchased for an amount below the minimum threshold established by the Creator or for an invalid negative/zero value, Getvik reserves the right, in its sole discretion, to declare the transaction null and void, cancel the license, and terminate Buyer access, subject to a refund of any nominal amount paid.

6. PayPal Transactions & Foreign Exchange (FX)

• International Transactions: Getvik facilitates international checkouts via PayPal. Transactions processed in foreign currencies (such as USD) are converted to the Creator's local currency (INR) for balance settlement.
• Exchange Rate Fluctuations: Creators acknowledge and agree that foreign exchange rates fluctuate constantly. The exchange rate applied to convert international USD transactions into settled INR is determined strictly by the third-party payment processor (e.g., PayPal or our settlement bank) at the time of conversion and settlement, minus their statutory conversion fees. Getvik does not charge an additional currency exchange markup or spread.
• FX Risk: The Creator bears all foreign exchange conversion risks, currency fluctuations, and any cross-border gateway transaction fees imposed by international payment processors. Getvik is not responsible for any differences in expected earnings resulting from currency conversions.

7. Creator Verification, Balance & Payouts

• Identity Information: To list or publish an active Product on the Platform, Creators must provide a valid Permanent Account Number (PAN). We may use this information for compliance purposes and reserve the right to verify it where required by applicable law or our compliance obligations. Before requesting or receiving any payouts, Creators must also provide complete bank account information or a valid UPI ID associated with the Creator's registered legal profile.
• Payout Declaration: Payouts are subject to the Creator accepting the platform's Payout Declaration, which includes confirming compliance with Indian tax laws, intellectual property rights, and banking declarations. Getvik records the IP address, timestamp, and details of this declaration for compliance tracking.
• Payout Holds, Audits & Payment Provider Liability: Getvik reserves the right, acting reasonably and where necessary to prevent fraud, manage chargebacks, resolve disputes, or comply with legal requests, to temporarily delay payouts, place reserves on creator balances, or reverse payouts. To the extent permitted by applicable law, all Creator payout balances and pending earnings are strictly contingent upon Getvik’s actual receipt of cleared, settled, and unencumbered transaction funds from the third-party payment processors (such as Cashfree or PayPal). Getvik shall have no obligation to disburse payouts or credit Creator balances from its own corporate funds in the event that a payment processor holds, freezes, delays, or confiscates transaction funds due to fraud audits, payment network rules, bankruptcy, or force majeure events.
• Minimum Payout Threshold: Payouts can be requested manually by the Creator once their settled balance meets the minimum payout threshold published on the Platform (currently ₹100).

8. Refunds, Disputes & Chargebacks

• Refund Policy and Defective Goods: Because digital products are delivered electronically and cannot generally be returned after access or download, all sales are final and non-refundable in cases of buyer's remorse or change of mind. However, nothing in these Terms limits any rights a Buyer may have under applicable consumer protection laws. Where required by applicable law, or where a Product is demonstrably defective, materially misrepresented, contains malware, or cannot be downloaded after purchase due to a Platform or Creator issue, Getvik may, at its discretion or as required by law, facilitate a refund, replacement, or other appropriate remedy. Buyers should report such issues to support@getvik.com as soon as reasonably possible after purchase.
• Disputes and Chargebacks: In the event that a Buyer initiates a chargeback, payment dispute, or reversal request with their card issuer or payment processor (such as PayPal or bank networks), the Creator agrees to cooperate fully with Getvik to resolve the dispute.
• Creator Liability: The Creator is liable for the full amount of any processed refund or chargeback, along with any dispute investigation fees charged by payment processors. Getvik is authorized to deduct these amounts from the Creator's existing balance, pending funds, or future payouts.

9. Tax Responsibilities & GST Compliance

• Seller of Record: Creators are the sellers of record and are solely responsible for determining, issuing, and delivering valid tax invoices or Bills of Supply to Buyers in compliance with the Central Goods and Services Tax (CGST) Act, 2017, and local state laws.
• Platform GST Obligations: Getvik collects GST (currently 18%) solely on the Platform Fees charged to Creators for facilitation services, and not on the gross Product sale price. Creators are responsible for reporting and paying any applicable GST on the sale of their Products to the relevant tax authorities.
• Creator Registration Requirements: In compliance with GST Notification No. 34/2023-Central Tax, unregistered Creators (who do not possess a GSTIN) represent and warrant that they shall not make any inter-state supply of Products through the Platform. Unregistered Creators must provide a valid PAN and complete their onboarding verification before listing Products. Getvik reserves the right to immediately freeze payouts or suspend accounts of any Creator who violates this tax boundary.
• Statutory Withholdings: Getvik reserves the right to deduct, collect, or withhold any taxes or levies from Creator balances and payouts where required by applicable local or international tax laws (including but not limited to the Income Tax Act, 1961, and GST Acts in India).

10. Anti-Circumvention & Anti-Fee Avoidance

• Platform Integrity: The Platform is funded through facilitation fees. Creators and Buyers are strictly prohibited from engaging in any activity designed to bypass, evade, or circumvent Getvik’s platform fees.
• Prohibited Off-Platform Transactions: You must not solicit other Users to complete transactions initiated on the Platform off-platform, share contact details with the intent to redirect payments, or suggest alternative checkout mechanisms outside of Getvik's facilitated payment flows. Violation of this clause may result in immediate Account termination. In the event of circumvention, Getvik reserves the right to charge your Account balance or recover directly any unpaid platform fees that would have been earned, along with reasonable enforcement costs.
• Affiliate Attribution Model: Affiliate attribution on Getvik requires the Buyer to manually enter a valid affiliate referral code in the designated field during checkout. The commission is allocated to the affiliate user associated with the code successfully submitted at the time of checkout. Getvik does not use browser cookies for affiliate tracking and is not responsible for any failures to input the correct referral code before transaction completion.

11. Intellectual Property & Platform Licensing

• Retention of Creator Rights: Creators retain all ownership, copyright, and intellectual property rights in the content and Products they upload to the Platform.
• License to Getvik: By listing or uploading content, the Creator grants Getvik a non-exclusive, worldwide, royalty-free license to host, store, cache, copy, display, run, create thumbnails, and deliver the Products to execute transactions on the Platform.
• Scope of Revocation: This license terminates when the Creator removes their Product listing or deletes their Account, except to the extent necessary for Getvik to:
  • fulfill and deliver files for existing purchases to Buyers (ensuring continued access rights as described under Section 5),
  • maintain server and database backups,
  • comply with applicable law,
  • investigate fraud or policy violations, and
  • resolve pending disputes or chargebacks.

12. Marketing License

• Promotional Rights: Creators grant Getvik a non-exclusive, worldwide, royalty-free license to use the Creator’s store name, brand logo, public profile information, Product titles, product thumbnails, and public descriptions.
• Purpose: This license is granted solely for the purpose of promoting the Creator's store, highlighting featured creators on the homepage, sharing listings on social media, or advertising Getvik's marketplace services in press releases and marketing materials. Getvik will not claim any endorsement or partnership beyond this facilitation relationship.

13. Content Standards & Prohibited Conduct

In compliance with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree that you will not upload, host, display, publish, list, sell, or distribute any Products or content that:

• belongs to another person and to which you do not have any right;
• is obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• infringes upon any patent, trademark, copyright, trade secret, or other proprietary/intellectual property rights of any party;
• contains software viruses, malware, ransomware, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense, or is insulting other nations; or
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

14. Reviews & Rating Policy

• Feedback System: Buyers may leave reviews, comments, and ratings on Products they have purchased.
• Moderation Rights: Reviews must be based on genuine experiences and must not contain abusive, defamatory, or offensive language. Getvik reserves the right, acting reasonably, to moderate, hide, or remove reviews that are determined to be fraudulent, manipulated, part of a targeted review-bombing campaign, or violating our content standards.

15. Moderation, Suspension & Termination

• Getvik Moderation Rights: To protect our marketplace, Getvik reserves the right, acting reasonably and where necessary, to reject Creator listings, remove Products from search results, request edits to descriptions, or restrict store access.
• Account Suspension, Termination & Balance Holds: Getvik may suspend, restrict, or terminate your Account, or place a temporary hold on your balance pending investigation, if we have objective reason to believe you have violated these Terms, engaged in fraudulent behavior, or listed content that violates our standards. If an Account is terminated, any pending balances will be withheld solely for a maximum of one hundred and eighty (180) days (coinciding with payment gateway chargeback periods) to cover actual Buyer refunds, disputes, and chargeback liabilities. Any remaining undisputed balance after this period shall be paid out to the Creator, subject to verification.
• User-Initiated Account Deactivation & Deletion: Your account will be deactivated immediately. You can reactivate it by logging in within the next 7 days. After 7 days, your account will be permanently deleted and cannot be restored. Upon permanent deletion, your personal data will be deleted or anonymized, except for information we are required to retain to comply with applicable legal, tax, financial, or regulatory obligations, such as orders, invoices, payout records, and ledger entries. If you are a creator, your products will be removed from sale and archived solely to enable existing buyers to access purchases made before your account deletion.

16. Copyright Infringement (Notice & Counter-Notice)

• Section 79 Intermediary Safe Harbor: In compliance with Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Getvik acts strictly as an intermediary. Upon receiving actual knowledge by way of a government notification, court order, or formal legal complaint under Rule 3(1)(d) alleging illegal content or intellectual property violation on the Platform, Getvik will act to remove or disable access to such material within thirty-six (36) hours.
• DMCA and Infringement Notices: If you believe that your copyrighted work is being infringed on the Platform, please send a formal notification to support@getvik.com containing:
  1. your contact details (name, address, telephone number, and email);
  2. a description of the copyrighted work claimed to be infringed;
  3. the specific URL on the Platform where the infringing material is located;
  4. a statement made in good faith that the disputed use is not authorized by the copyright owner; and
  5. a signature of the copyright owner or their authorized agent.
• Counter-Notice and Reinstatement: Creators who believe their listing was removed due to an error or misidentification may file a counter-notice. Getvik will review both claims and may reinstate the content if the parties fail to initiate legal action within statutory timeframes.
• Repeat Infringer Policy: Getvik will permanently terminate the Accounts of Users found to have repeatedly infringed third-party intellectual property rights.

17. Beta Features

Getvik may roll out experimental or "beta" features, tools, or design layouts.

These features are provided strictly on an "as is" and "as available" basis. They may contain bugs, undergo sudden changes, or be discontinued at any time without liability or notice.

18. Third-Party Services

• Integrations: The Platform integrates with third-party hosting, payment processing (PayPal, Cashfree), and analytics providers.
• No Liability: Getvik does not control, endorse, or accept liability for the performance, terms of service, or outages of these third-party systems. Users are bound by and must comply with the relevant third-party terms.

19. Privacy Policy

Your privacy is important to us. Our collection, storage, and processing of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms.

20. Electronic Communications Consent

By creating an Account, you consent to receive communications from Getvik electronically, including via email, platform notifications, and legal notices. You agree that all agreements, notices, disclosures, and policy updates provided to you electronically satisfy any legal requirement that such communications be in writing.

21. Force Majeure

Getvik shall not be held liable or responsible for any failure, delay, or interruption in the performance of its obligations under these Terms resulting from events beyond its reasonable control, including natural disasters, acts of God, internet and connectivity failures, cyberattacks, power grid outages, payment gateway malfunctions, war, civil unrest, or government actions.

22. Disclaimer of Warranties & Limitation of Liability

• Disclaimer of Warranties & Uptime: The Platform is provided on an "as is" and "as available" basis. Getvik does not warrant that the Platform will be error-free, uninterrupted, secure, or meet any specific uptime standards. To the maximum extent permitted by applicable law, Getvik disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, or uninterrupted service.
• Exclusion of Damages: To the maximum extent permitted by law, Getvik shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or operational savings.
• Liability Cap: Where Getvik's liability cannot be excluded by law, our total aggregate liability arising out of or relating to these Terms shall not exceed the higher of:
  • the total platform fees actually retained by Getvik from transactions facilitated for your Account during the twelve (12) months preceding the claim, or
  • ₹5,000 (five thousand Indian Rupees).
  Except that nothing in these Terms shall limit or exclude Getvik's liability for gross negligence, willful misconduct, bodily injury, or statutory liabilities that cannot be limited by law, including compensatory obligations under the Digital Personal Data Protection Act, 2023.

23. Indemnification

You agree to defend, indemnify, and hold harmless Getvik, its directors, employees, and affiliates from and against any third-party claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney's fees) arising out of:

• Creator Indemnity: If you are a Creator, any claims arising out of: (i) your Products, storefront, or listings, including product defects, support failures, or delivery disputes; (ii) your infringement of any third-party copyright, trademark, patent, trade secret, or privacy right; and (iii) your tax obligations, including GST or applicable sales tax compliance.
• Buyer & User Indemnity: If you are a Buyer or general User, any claims arising out of: (i) your unauthorized redistribution, modification, resale, or reverse-engineering of purchased Products; (ii) your violation of these Terms; or (iii) your infringement of third-party intellectual property or privacy rights.
• General: Your unauthorized access to or misuse of the Platform, or your violation of applicable local and international laws.

24. Governing Law & Dispute Resolution

• Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles.
• Jurisdiction: Subject to the informal mediation provisions, all disputes, claims, or legal proceedings arising out of these Terms between Getvik and a Creator shall be subject to the exclusive jurisdiction of the courts located in Meerut, Uttar Pradesh, India. Any dispute arising between Getvik and a Buyer/Consumer shall be brought in a court of competent jurisdiction where the Buyer/Consumer resides.
• Informal Mediation: Before initiating any formal legal proceedings, you and Getvik agree to attempt to resolve the dispute informally in good faith for a period of at least thirty (30) days by contacting support@getvik.com.

25. Amendments to these Terms

Getvik reserves the right, in its sole discretion, to modify or replace these Terms at any time. We will provide registered Users with at least thirty (30) days' prior notice via email or a prominent platform notification of any material modifications. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Platform and close your Account within the 30-day notice period.

26. Miscellaneous

• No Agency / Independent Contractor: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employer-employee, or franchise relationship between you and Getvik. You acknowledge that you act strictly as an independent user of the Platform and not as an employee or agent.
• Electronic Acceptance: By registering an Account, checking any box indicating acceptance, or using the Platform, you agree that your electronic consent constitutes a legally binding signature under the Information Technology Act, 2000, and equivalent international laws, and that these Terms constitute a written contract signed by you.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without Getvik's prior written consent. Getvik may assign its rights and obligations freely, including in connection with any merger, acquisition, restructuring, or sale of assets.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: A failure by Getvik to enforce any right or provision under these Terms shall not constitute a waiver of future enforcement of that or any other provision.
• Survival: All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• Entire Agreement: These Terms, along with the Privacy Policy and any other official policies published by Getvik on the Platform, constitute the entire agreement between you and Getvik regarding your use of the Platform.

27. Contact & Grievance Officer