NESTOPAR
Content Creator Terms of Service
1. Introduction
Nestopar Pvt Ltd ('Nestopar', 'we', 'us', 'our'), incorporated under the Companies Act, 2013 with its registered office in India, operates Nestopar India's leading super-app encompassing social media, video streaming, shopping, and local services.
Nestopar offers two video content platforms within its app:
Nestopar Connect: a long-form video platform (videos up to 10 hours) where Creators earn revenue from advertisements served alongside their content.
Nestopar Minix: a short-form video platform (10-75 seconds per video) where Influencers build audiences and earn performance-based rewards.
These Content Creator Terms of Service ('Creator Terms') constitute a legally binding agreement between you ('Creator', 'Influencer', 'you') and Nestopar under the Indian Contract Act, 1872. They supplement Nestopar's General Terms of Service, Privacy Policy, and Community Guidelines, all of which are incorporated herein by reference.
The 'Effective Date' is the date on which you accept these Creator Terms (by uploading content or clicking 'Agree').
All monetisation calculations, earnings, and time-bound provisions commence from the Effective Date.
2. Definitions
"Creator" means an individual or entity that uploads long-form video content to Nestopar Connect.
"Influencer" means an individual or entity that uploads short-form video content to Nestopar Minix. The term includes Creators in contexts where both platforms are discussed.
"Content" means all videos, audio, thumbnails, titles, descriptions, tags, and associated materials uploaded by a Creator or Influencer to the Platform.
"Platform" means the Nestopar mobile application (Android and iOS) and website (nestopar.com).
"Monetisation" means the process by which eligible Content generates revenue from advertisements (Connect) or engagement-based rewards (Minix).
"Ad Revenue" means revenue generated from advertisements served in or around a Creator's Connect Content.
"Info-Cash Ads" means higher-value, skippable advertisements on Connect that allow viewers to earn Info-Cash rewards by watching them in full.
"Awareness Ads" means brand-awareness advertisements on Connect that do not carry viewer rewards.
"Creator Dashboard" means the analytics and earnings interface within the Nestopar app showing real-time revenue, views, engagement, and ad performance data.
"Business Account" means a verified Nestopar account with enhanced features, required for Minix Influencers.
"Followers" means real, verified users who subscribe to an Influencer's Minix profile.
"Payout" means a transfer of earned revenue from Nestopar to the Creator's or Influencer's registered bank account or UPI ID.
"TDS" means Tax Deducted at Source, as applicable under the Income Tax Act, 1961.
"DPDP Act" means Digital Personal Data Protection Act, 2023.
"IT Act" means Information Technology Act, 2000.
"BNS" means Bharatiya Nyaya Sanhita, 2023.
3. Acceptance of Terms
By uploading Content to Nestopar Connect or Nestopar Minix, you confirm that:
- You have read, understood, and agree to be bound by these Creator Terms.
- You are at least 18 years of age.
- You have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872.
- All information provided during registration and account verification is accurate, current, and complete.
You will comply with all applicable laws of India, including the IT Act, 2000, IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, DPDP Act, 2023, Copyright Act, 1957, Consumer Protection Act, 2019, and Income Tax Act, 1961.
You will not upload Content that violates any applicable law, third-party rights, or Nestopar's Community Guidelines.
4. Connect
Creator Eligibility
- You must be at least 18 years of age.
- You must hold a verified Nestopar account.
- You must comply with all applicable Indian laws and Nestopar's Community Guidelines.
- Accounts that fail or cease to meet eligibility requirements may be suspended or terminated.
Nestopar reserves the right to impose additional eligibility criteria at its sole discretion with reasonable prior notice.
5. Content Guidelines and Upload Limits
5.1 Permitted Content
Only original Content that you own or for which you hold all necessary licences, rights, consents, and permissions may be uploaded.
Content must not infringe the copyright, trade marks, privacy rights, personality rights, or any other intellectual property or personal rights of any third party.
- Content must comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the prescribed content categories and prohibited content.
5.2 Upload Limits
- Default upload limit: 15 minutes per video.
- Extended limit (up to 10 hours): available upon application to and approval by Nestopar. A hard cap of 10 hours applies to all Creators.
Nestopar may revise upload limits at any time with prior notice.
5.3 Prohibited Content
The following Content is strictly prohibited on Nestopar Connect:
- Content that is obscene, pornographic, or sexually explicit.
- Content that promotes, glorifies, or incites violence, terrorism, or extremism.
- Content that defames, harasses, threatens, or intimidates any individual or group.
- Content that constitutes hate speech based on religion, caste, race, gender, sexual orientation, disability, or nationality.
- Content that violates the privacy of any individual, including non-consensual intimate imagery.
- Misinformation, disinformation, or content designed to deceive viewers.
- Content that violates any provision of the BNS, 2023, IT Act, 2000, or any other applicable Indian statute.
- Content that promotes illegal gambling, drugs, or other unlawful activities.
- Unsolicited commercial communications or spam.
Nestopar may remove Content violating these guidelines without notice and may suspend or terminate the Creator's account.
Creators may appeal removal decisions through the Grievance Officer process described in Section 24.
6. Monetisation on Nestopar Connect
6.1 Activation Threshold
- Monetisation is activated automatically once a Creator's Content accumulates a minimum of 500 verified views.
- Views generated by bots, scripts, or any artificial means do not count toward the threshold.
- Monetisation applies exclusively to Content viewed within the Nestopar mobile app. Content viewed on the Nestopar website does not generate ad revenue.
6.2 Ad Revenue Types
Connect monetisation revenue derives from two ad formats:
(a) Info-Cash Ads (Skippable with Viewer Rewards): Premium advertisements where viewers may choose to watch in full to earn an Info-Cash reward. Creators earn 33% of the ad revenue attributable to their Content. Revenue per ad varies based on the Advertiser's campaign budget, ad duration, viewer location, language, and engagement.
(b) Awareness Ads (Standard Advertisements): Brand-awareness advertisements without viewer rewards. Revenue is earned each time the ad is served to a viewer watching a Creator's Content. Creators earn 55% of the Awareness Ad revenue attributable to their Content. Ad rates are determined by Nestopar's pricing engine based on content type, viewer location, language, and other factors, and may vary from campaign to campaign.
6.3 Ad Placement Factors
The frequency, type, and value of ads placed on your Content are determined algorithmically based on:
- Viewer engagement metrics (view count, completion rate, likes, shares, comments).
- Content quality, length, and category.
- Viewer geographic location and language.
- AI-driven targeting parameters set by Advertisers.
- Seasonal and market demand for advertising inventory.
Nestopar does not guarantee any minimum ad placement frequency or ad revenue.
6.4 Creator Dashboard
All monetised Creators receive access to a weekly-updated Creator Dashboard showing:
- Total revenue earned (broken down by ad type).
- Total impressions and ad views.
- Viewer engagement metrics.
- Ad performance analytics.
7. Payment Terms
Connect
7.1 Revenue Calculation Period
Revenue is calculated on a calendar-month basis (1st day to last day of each month).
7.2 Payout Schedule
- Payouts are processed between the 1st and 15th of the following calendar month.
- Payouts are made to the Creator's registered bank account (via NEFT/IMPS/RTGS) or UPI ID.
- Payouts are subject to successful identity verification and absence of any compliance flags on the account.
7.3 Creator Obligations for Payment
- Creators must provide accurate, current bank account details and/or UPI ID.
- Creators must provide accurate tax information, including Permanent Account Number (PAN) as required under the Income Tax Act, 1961.
- Creators are responsible for ensuring their payment details are up to date. Nestopar is not liable for misdirected payments resulting from incorrect details provided by the Creator.
7.4 Withholding and Delays
Nestopar may withhold or delay payment if the Creator's account is under review for suspected fraud, policy violations, or at the direction of a competent authority.
Nestopar may offset any amounts owed by the Creator to Nestopar against amounts payable to the Creator.
7.5 Tax Deductions
Nestopar will deduct TDS from Creator earnings as required under the Income Tax Act, 1961 (including under Section 194R, Section 194J, or other applicable provisions). Applicable Goods and Services Tax ('GST') may also be applied or adjusted in accordance with the Central Goods and Services Tax Act, 2017. TDS certificates (Form 16A) will be issued in accordance with the timelines prescribed by law.
Creators are solely responsible for filing their own income tax returns and complying with all applicable tax obligations.
Nestopar is not a tax advisor. Creators are encouraged to consult a qualified Chartered Accountant for personalised tax guidance.
8. Minix
Influencer Eligibility
8.1 General Requirements
- You must be at least 18 years of age.
- You must hold a verified Nestopar Business Account.
- You must submit a valid government-issued photo identity document (Aadhaar Card, Voter ID, Passport, or Driving Licence) for identity verification.
Upon approval, you will be granted access to upload Content via your Nestopar Business Account.
8.2 Monetisation Eligibility
Only Influencers with a minimum of 10,000 verified Followers are eligible to earn monetisation rewards on Minix.
- Followers must be real, active users. Fake, purchased, or bot-generated Followers will result in disqualification from the programme and possible account termination.
9. Content Upload Requirements
Minix
- Videos must be between 10 seconds and 75 seconds in duration.
- Content must be original, non-infringing, and comply with Nestopar's Community Guidelines and all applicable Indian laws.
- Influencers must upload a minimum of 10 posts per calendar month to remain eligible for rewards. Failure to meet the minimum posting requirement in any given month will result in no rewards being counted for that month.
The prohibited content categories set out in Section 5.3 of these Creator Terms apply equally to Minix Content.
10. Monetisation on Nestopar Minix
10.1 Engagement-Based Rewards
Minix monetisation is based on viewer engagement with an Influencer's Content, not on advertisement revenue.
Rewards are earned as follows (applicable only after the 10,000 Follower threshold is met):
| Metric | Threshold | Reward |
|---|---|---|
| Views | 10,000 views | INR 50 |
| Likes | 10,000 likes | INR 500 |
| Shares | 10,000 shares | INR 1,000 |
| Comments | 10,000 comments | INR 1,000 |
- Rewards per metric are counted only within the first 30 days from the date of post creation.
- Maximum combined reward per post: INR 3,000 (across all metrics).
- Maximum combined reward per calendar month: INR 10,000.
Rewards are counted only if the monthly engagement threshold for each metric is met. Partial thresholds do not earn proportional rewards.
Monetisation applies only on the Nestopar mobile app. Engagement generated on the website does not count toward rewards.
10.2 Follower Milestone Bonuses
In addition to engagement-based rewards, Influencers receive one-time milestone bonuses upon reaching the following verified Follower counts:
| Milestone | Bonus |
|---|---|
| 50,000 Followers | INR 5,000 |
| 1,00,000 Followers | INR 5,000 |
| 10,00,000 Followers | INR 5,000 |
Milestone bonuses are credited 3 months after the milestone is achieved, following verification that all Followers are genuine.
- The milestone bonus programme ends at 10,00,000 (Ten Lakh) Followers. No further milestone bonuses are payable for Follower counts beyond this level.
- If fake Followers are detected, the milestone bonus will be withheld and the account may be terminated.
10.3 Brand and Third-Party Promotions
Revenue earned from brand promotions, sponsored posts, or any third-party commercial arrangements entered into directly by an Influencer is not counted toward Nestopar Minix rewards.
- Influencers must clearly disclose any paid or sponsored Content in accordance with the Advertising Standards Council of India (ASCI) Guidelines and applicable consumer protection laws.
11. Payment Terms
Minix
Engagement-based rewards are calculated 30 days after each post's creation date.
Payments are processed and transferred within 15 business days of the reward calculation date.
Payments are made to the Influencer's registered bank account or UPI ID.
Milestone bonuses are paid within 30 business days of the 3-month post-milestone verification period.
- Tax deductions (TDS, GST) apply as described in Section 7.5.
Nestopar may withhold payment if the account is under review for fraud or policy violations.
12. Intellectual Property
12.1 Creator Ownership
You retain all ownership rights in the original Content you upload to the Platform. Nestopar does not claim ownership of your Content.
12.2 Licence to Nestopar
By uploading Content to the Platform, you grant Nestopar a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to:
- Host, store, cache, reproduce, and distribute your Content.
- Display, stream, and make your Content available to users on the Platform.
- Modify, reformat, or adapt your Content for technical purposes (e.g., compression, transcoding, rendering).
- Use your Content in promotional materials for Nestopar and the Platform (e.g., platform marketing, social media promotion).
- Remove, restrict, or take down your Content where required by law, court order, or Nestopar's policies.
This licence continues for as long as your Content remains on the Platform and for a reasonable period thereafter for technical and archival purposes. You may delete your Content at any time; deletion does not retroactively affect any use of the Content during the licence period.
12.3 Third-Party Content
- You represent and warrant that your Content does not infringe the copyright, trade marks, or any other rights of any third party.
- Where your Content includes third-party materials (music, images, footage), you must hold a valid, written licence or permission for each such use.
- Nestopar complies with the Copyright Act, 1957 and will respond to valid takedown notices. Repeat copyright infringers will have their accounts terminated.
12.4 Platform IP
All software, technology, branding, logos, design elements, and features of the Nestopar Platform are the exclusive property of Nestopar and protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable Indian IP laws.
No rights in Nestopar's intellectual property are granted to you under these Creator Terms.
13. Prohibited Conduct
The following are strictly prohibited and constitute a material breach of these Creator Terms:
Using bots, scripts, click farms, automation tools, or any artificial means to inflate views, likes, shares, comments, Followers, or any engagement metric.
Uploading Content you do not own or for which you lack the necessary rights and permissions.
Manipulating ad performance, click rates, or revenue metrics.
Sharing account credentials with third parties or operating multiple accounts to circumvent eligibility or monetisation limits.
Engaging in collusion with viewers, other Creators, or Advertisers to artificially inflate metrics.
- Purchasing Followers, likes, or any other engagement.
- Submitting false identity documents, tax information, or bank details.
Reverse-engineering, hacking, or tampering with Nestopar's systems or APIs.
Engaging in any conduct that constitutes an offence under the BNS, 2023, IT Act, 2000, or any other applicable Indian law.
Violation may result in immediate suspension or permanent termination of the account, forfeiture of all accrued earnings, civil and/or criminal proceedings under applicable Indian law, and referral to relevant law enforcement authorities.
14. Content Moderation and Removal
14.1 Nestopar's Moderation Rights
As an intermediary under the IT Act, 2000 and IT Rules, 2021, Nestopar:
May review, flag, restrict, demonetise, or remove any Content at its sole discretion.
- Will act on valid legal orders from competent courts and government authorities.
Employs automated systems and human reviewers to enforce Community Guidelines.
14.2 Demonetisation
Nestopar may demonetise (remove advertising from) any Content that:
- Violates Community Guidelines, even if it does not warrant full removal.
- Is the subject of a copyright complaint or court order.
Receives an unusual volume of viewer reports.
Is determined by Nestopar to be unsuitable for advertising based on Advertiser brand-safety requirements.
14.3 Appeal Process
If your Content is removed or demonetised and you believe this was done in error, you may appeal by contacting Nestopar's Grievance Officer (Section 24).
Appeals will be reviewed within 15 days of receipt of a complete appeal submission.
15. Creator Representations and Warranties
By uploading Content, you represent and warrant that:
- You are the sole original author and owner of the Content, or you hold all necessary rights, licences, and permissions to upload and monetise the Content.
- The Content does not infringe the copyright, trade marks, privacy rights, personality rights, or any other rights of any third party.
- The Content does not violate any applicable Indian law.
- All factual claims made in the Content are true and accurate to the best of your knowledge.
- You have obtained all necessary consents from individuals featured in the Content.
Any sponsored or paid-for Content is clearly and prominently disclosed as such.
16. Indemnification
You agree to indemnify, defend, and hold harmless Nestopar Pvt Ltd, its directors, officers, employees, agents, affiliates, successors, and assigns from and against all claims, losses, liabilities, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your Content, including any allegation that it infringes the rights of a third party.
- Your breach of these Creator Terms or any applicable law.
- Your fraud, wilful misconduct, or negligence.
- Any claims made by viewers or third parties in relation to ads served within your Content.
- Any tax liability arising from your earnings on the Platform.
17. Limitation of Liability
To the maximum extent permitted by applicable Indian law:
Nestopar is not liable for any loss of ad revenue, earnings, or Content performance due to platform changes, algorithmic updates, or market conditions.
Nestopar's aggregate liability to a Creator or Influencer under these Creator Terms shall not exceed the total earnings paid or payable to that Creator/Influencer in the three (3) calendar months immediately preceding the event giving rise to the claim.
Nestopar shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of audience, or loss of data.
Nestopar is not responsible for third-party actions, including Advertiser conduct or viewer behaviour.
Nothing in this section limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable Indian law.
18. Data Privacy and Security
18.1 Data Collected
Nestopar collects and processes the following Creator/Influencer data:
Identity information (name, date of birth, government ID).
Contact information (email address, mobile number).
- Financial information (bank account number, UPI ID, PAN) — used solely for payment processing and tax compliance.
- Content metadata (upload dates, titles, categories, engagement metrics).
- Device and session data (device model, OS, IP address) — used for security, fraud detection, and analytics.
18.2 Data Use
- Your personal data is used for account management, payment processing, tax compliance, fraud prevention, and platform improvement.
- Aggregated, anonymised analytics data may be shared with Advertisers.
- Nestopar does not sell your personal data to third parties.
18.3 DPDP Act Compliance
Nestopar processes your personal data in accordance with the DPDP Act, 2023. You may exercise your rights of access, correction, erasure, and grievance redressal by contacting the Grievance Officer (Section 24). Full details are in the Nestopar Privacy Policy at nestopar.com/privacy-policy.
19. Platform Status and Intermediary Liability
Nestopar operates as a significant social media intermediary under the IT Rules, 2021. As an intermediary:
- Nestopar is not the publisher or author of Creator or Influencer Content and is not liable for such Content as long as it acts in good faith.
- Nestopar will comply with lawful orders from competent courts and government authorities, including orders to remove or provide access to Content.
- Nestopar publishes and enforces its Community Guidelines and these Creator Terms to ensure responsible content on the Platform.
20. Suspension and Termination
20.1 By Nestopar
Nestopar may suspend or permanently terminate your Creator or Influencer account at any time if:
- You breach these Creator Terms or Community Guidelines.
- Nestopar reasonably suspects fraud, abuse, or manipulation.
- Required by law, court order, or government direction.
- Your account remains inactive for more than 12 consecutive months.
Nestopar will provide prior notice of termination where practicable, except where immediate action is required to prevent harm or comply with a legal obligation.
20.2 Consequences of Termination
- Upon termination, your access to the Creator Dashboard, monetisation, and Content management tools will be revoked.
- Earnings accrued up to the date of termination and payable under the payment schedule will be paid, subject to deduction of any amounts owed to Nestopar, unless termination is due to fraud or material breach.
- Nestopar may retain your Content for a reasonable period for legal, compliance, or archival purposes.
20.3 By You
You may deactivate your account at any time via Settings > Account > Deactivate.
Pending earnings will be processed within 30 business days of account closure.
21. Consumer Rights and Protection
Nothing in these Creator Terms restricts or waives any rights available to you under the Consumer Protection Act, 2019, including the right to seek redressal before the appropriate Consumer Disputes Redressal Commission. Nestopar's Consumer Grievance Redressal Mechanism is set out in Section 24.
22. Changes to These Creator Terms
Nestopar may update these Creator Terms at any time. When material changes are made:
- Updated Terms will be published at nestopar.com/content-terms-of-service.
- You will be notified via in-app notification and/or email at least 7 days before changes take effect (except where immediate changes are required by law or to prevent harm).
- The 'Last Updated' date at the top of the Terms will be revised.
- Continued uploading of Content after the effective date of any change constitutes acceptance of the revised Terms.
23. Governing Law and Dispute Resolution
23.1 Governing Law
These Creator Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, IT Act, 2000, Copyright Act, 1957, Consumer Protection Act, 2019, DPDP Act, 2023, Income Tax Act, 1961, and all other applicable Indian statutes.
23.2 Dispute Resolution
- Parties shall first attempt to resolve disputes through good-faith negotiation within 30 days of notice.
- Unresolved disputes may be referred to arbitration in Mumbai, conducted in English, under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties.
- Creators retain the right to seek urgent or interim relief from courts of competent jurisdiction in Mumbai.
- The courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction over all matters not subject to arbitration.
24. Grievance Officer
In accordance with the IT Act, 2000 and IT Rules, 2021, Nestopar has designated a Grievance Officer:
Name: Grievance Officer, Nestopar Pvt Ltd
Email: grievance@nestopar.com
Contact: Available via the 'Help' section of the Nestopar app
Response Time: Acknowledgement within 24 hours; resolution within 15 days.
25. Miscellaneous
25.1 Severability
If any provision of these Creator Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.
25.2 Waiver
Nestopar's failure to enforce any right or provision under these Creator Terms does not constitute a waiver of that right or provision.
25.3 Entire Agreement
These Creator Terms, together with the General Terms of Service, Privacy Policy, and Community Guidelines, constitute the entire agreement between you and Nestopar with respect to your activity as a Creator or Influencer on the Platform.
25.4 No Partnership or Employment
Nothing in these Creator Terms creates an employment, agency, partnership, or joint-venture relationship between you and Nestopar.
You are an independent creator/influencer and are solely responsible for your own taxes, insurance, and compliance obligations.
25.5 Language
These Creator Terms are drafted in English. In case of inconsistency between the English version and any translated version, the English version shall prevail.
25.6 Force Majeure
Nestopar shall not be liable for any delay or failure arising from causes beyond its reasonable control, including natural disasters, government actions, internet outages, cyberattacks, or pandemic-related disruptions.
25.7 Assignment
Nestopar may assign its rights and obligations under these Creator Terms to any successor or affiliate without your consent.
You may not assign your rights or obligations without Nestopar's prior written approval.
ACKNOWLEDGEMENT
By uploading Content to Nestopar Connect or Nestopar Minix, you confirm that you have read, understood, and agreed to all provisions of these Content Creator Terms of Service. All monetisation, earnings, and reward calculations commence from the Effective Date.