Terms of Service

1. Eligibility

You must be at least 18 years old to use Kayaya.

By using the Services, you represent and warrant that:

• you are at least 18 years old;
• you have the legal capacity to enter into these Terms;
• the information you provide is accurate and current;
• you are not prohibited from using the Services under applicable law;
• you will comply with these Terms, applicable law, and the rules of any third-party platform you use.

The Services are intended for creators, game studios, developers, advertisers, agencies, and their authorized representatives.

2. What Kayaya Does

Kayaya is a performance-based creator marketing platform for games and related digital products.

Kayaya may help:

• creators discover and participate in eligible campaigns;
• studios, developers, advertisers, and agencies identify and work with creators;
• campaign participants exchange briefs, assets, links, deliverables, and performance information;
• calculate creator earnings based on campaign-specific performance terms;
• facilitate creator payouts where available.

Kayaya is not an employer, talent agency, legal adviser, tax adviser, investment adviser, payment institution, or guarantor of performance.

Unless expressly stated otherwise in writing, Kayaya is not a party to the independent business relationship between a Creator and a Client.

For these Terms:

• “Creator” means a content creator, influencer, streamer, publisher, or other individual participating in a campaign.
• “Client” means a game studio, developer, advertiser, publisher, agency, or authorized representative creating or managing a campaign.
• “Campaign” means a marketing opportunity, campaign brief, or creator activation made available through Kayaya.
• “Campaign Terms” means the specific terms, requirements, rates, assets, deadlines, tracking links, usage rights, and payment conditions shown or communicated for a particular campaign.
• “Content” means videos, posts, captions, scripts, images, links, metrics, data, or other materials submitted, published, or shared through a Campaign.

3. Accounts and Authentication

You may need to create an account to access certain Services.

Kayaya may offer authentication through email Magic Link and may add third-party login options, such as Google Sign-In, in the future.

You agree to:

• provide accurate account information;
• keep your email address and profile information current;
• protect access to your email account and authentication links;
• notify Kayaya promptly if you suspect unauthorized access to your account;
• use only one account unless Kayaya approves otherwise in writing;
• not create an account for another person without authorization.

Kayaya may refuse account creation, request additional verification, suspend an account, or terminate an account where reasonably necessary to protect the Services, users, or campaign integrity.

4. Creator Applications and Eligibility

Creators may be required to submit an application, profile information, platform links, and other information before accessing Campaigns.

Kayaya may review Creator applications and profiles for quality, relevance, authenticity, safety, and campaign suitability.

Approval to use the Creator Portal does not guarantee:

• access to any particular Campaign;
• acceptance into any Campaign;
• a minimum number of Campaigns;
• a minimum number of views;
• a minimum level of earnings;
• continued access to the Services.

Kayaya may change Creator eligibility criteria or remove access to Campaigns where reasonably necessary for platform integrity, Client requirements, safety, fraud prevention, or compliance.

5. Campaign Participation

Campaigns may only be visible to approved or eligible Creators.

Each Campaign may include Campaign Terms such as:

• game or product information;
• content requirements;
• approved platforms;
• publication dates or deadlines;
• required disclosures;
• restricted claims or prohibited messaging;
• content review requirements;
• campaign CPM or other performance rate;
• campaign payout cap;
• campaign assets and links;
• tracking links;
• reporting requirements;
• content usage rights;
• payment and payout conditions.

You must review Campaign Terms before applying to or accepting a Campaign.

By applying to or accepting a Campaign, you agree to comply with the applicable Campaign Terms in addition to these Terms.

If Campaign Terms conflict with these Terms, the Campaign Terms control only for that specific Campaign, unless they expressly state otherwise.

Kayaya or the Client may reject a Creator application for a Campaign at any time before final acceptance.

6. No Guaranteed Views, Results, Installs, Sales, or Earnings

Kayaya operates on a performance-based model.

Unless expressly stated in Campaign Terms, neither Kayaya nor any Client guarantees:

• a minimum number of views;
• a minimum number of likes, comments, clicks, saves, shares, installs, purchases, wishlists, or conversions;
• a specific audience reach;
• a specific algorithmic outcome;
• a specific placement on TikTok, YouTube, Instagram, Twitch, or another platform;
• a minimum payout;
• a specific return on advertising spend.

Creators are not required to guarantee a minimum number of views unless a separate written agreement expressly says otherwise.

Creators may earn compensation based on actual eligible and verified performance, subject to applicable Campaign Terms and any Campaign payout cap.

Performance estimates, projections, CPM examples, estimated wishlists, estimated conversions, or case-study metrics are illustrative only and are not promises of future performance.

7. Creator Content Requirements

Creators are responsible for ensuring that their Content:

• is original or properly licensed;
• complies with Campaign Terms;
• complies with applicable law;
• complies with the rules, policies, and disclosure requirements of the platform where Content is published;
• does not infringe intellectual property rights, privacy rights, publicity rights, or other rights of another person;
• does not contain unlawful, defamatory, misleading, deceptive, hateful, violent, sexually explicit, fraudulent, or harmful material;
• does not contain false, unsupported, or misleading claims about a game, product, Client, or competitor;
• includes legally required advertising or sponsorship disclosures;
• accurately represents the Creator’s genuine experience and opinion where relevant.

Creators must not:

• buy views, likes, comments, clicks, followers, installs, or other engagement;
• use bots, click farms, engagement pods, fake accounts, automated systems, or deceptive practices;
• submit manipulated, fabricated, or materially inaccurate performance statistics;
• submit Content that was not actually published on the stated platform;
• use campaign assets outside the scope of Campaign Terms;
• publish campaign Content before approval where approval is required;
• disclose confidential campaign information without permission;
• falsely imply that Kayaya, a Client, or a game platform endorses the Creator beyond the Campaign relationship.

Creators are responsible for clearly disclosing sponsored, paid, gifted, affiliate, or commercial relationships where required by law, platform policy, or Campaign Terms.

8. Client Responsibilities

Clients are responsible for the campaigns they create, manage, or fund through Kayaya.

Clients represent and warrant that they have all necessary rights to provide:

• campaign briefs;
• games, products, services, assets, logos, screenshots, trademarks, music, copy, links, and materials;
• claims, instructions, and creative requirements;
• tracking links;
• campaign budgets and payment instructions.

Clients must ensure that Campaign Terms, assets, and instructions comply with applicable law and do not require Creators to make deceptive, unlawful, unsubstantiated, or prohibited claims.

Clients must not use Kayaya to promote illegal products, scams, malware, gambling services where prohibited, adult content, hate content, deceptive financial products, or other prohibited material.

Clients are responsible for the accuracy, availability, security, and legal compliance of any third-party tracking links, store links, attribution links, UTM links, AppsFlyer links, Adjust links, Branch links, Steam links, or other external URLs they provide.

Kayaya does not guarantee the accuracy of Client-provided attribution systems or third-party analytics.

9. Performance Reporting and Verification

Creators may be required to submit:

• published Content URLs;
• platform screenshots;
• performance statistics;
• campaign-specific reporting data;
• confirmation of publication date;
• other reasonable evidence required under Campaign Terms.

Kayaya may review submitted data to determine whether performance is eligible for payout.

Eligible performance may be calculated using:

• publicly visible platform metrics;
• Creator-submitted data;
• Client-provided tracking data;
• platform analytics screenshots;
• available technical and campaign records;
• reasonable fraud-prevention and verification checks.

Kayaya may reject, adjust, delay, or investigate reported performance where there is a reasonable basis to believe that data is inaccurate, manipulated, fraudulent, incomplete, unavailable, or inconsistent with Campaign Terms.

Kayaya will make reasonable, good-faith efforts to evaluate performance data. However, platform metrics may change, be delayed, be removed, be limited, or be unavailable due to third-party platform behavior outside Kayaya’s control.

10. Creator Earnings and Payment Finalization

Creator compensation is determined by the applicable Campaign Terms.

Unless Campaign Terms state otherwise:

• Creator earnings may be calculated using the Campaign CPM and eligible verified views;
• a Campaign may have a maximum payout cap;
• Creator earnings stop accumulating once the applicable payout cap is reached;
• a Creator may need to submit the published Content URL and performance data to receive payment;
• a Creator’s performance period ends at the earlier of:
  1. the time the applicable Campaign payout cap is reached; or
  2. 14 days after the Creator publishes the approved Campaign Content.

For example, if a Campaign has a stated CPM, eligible earnings may be calculated from verified eligible views during the applicable performance period, up to the Campaign payout cap.

A Creator is not entitled to payment for:

• fake, purchased, botted, manipulated, or fraudulent activity;
• Content that violates Campaign Terms;
• Content removed because it violates platform rules or applicable law;
• Content not properly submitted where submission is required;
• performance outside the applicable performance period;
• performance above the Campaign payout cap;
• performance that cannot reasonably be verified.

Kayaya may request additional information before finalizing earnings or processing a payout.

11. Payouts

Kayaya may facilitate Creator payouts where available.

Current or future payout methods may include:

• cryptocurrency, including USDT on supported networks;
• PayPal;
• Wise;
• other payout methods made available through the Services.

Payout availability may vary by Creator location, Campaign, payment method, compliance requirements, and technical availability.

Unless otherwise stated in the Creator Portal or Campaign Terms:

• the minimum withdrawal amount is $50 USD or its equivalent;
• Creators are responsible for providing accurate payout information;
• cryptocurrency transactions may be irreversible;
• Creators are responsible for selecting the correct wallet address and supported network;
• Kayaya is not responsible for loss caused by an incorrect wallet address, incorrect network selection, unavailable wallet, compromised account, or third-party payment provider issue;
• payout timing may depend on review requirements, blockchain confirmations, payment providers, banking systems, and other third-party services.

Kayaya will never ask a Creator for a crypto private key, seed phrase, recovery phrase, or wallet password.

Creators are responsible for all taxes, reporting obligations, bank fees, network fees, payment-provider fees, and other obligations associated with receiving compensation, unless applicable law requires otherwise.

Kayaya may delay, withhold, reverse where technically possible, or decline a payout where reasonably necessary to investigate fraud, comply with law, resolve a dispute, correct an error, or protect Kayaya, Clients, Creators, or third parties.

12. Campaign Changes, Cancellations, and Disputes

Campaigns may be changed, paused, resumed, or cancelled before a Creator has accepted the Campaign.

After a Creator accepts a Campaign, material changes should be communicated through Kayaya or in writing.

If a Campaign is cancelled, paused, materially changed, or disputed after a Creator begins work, Kayaya may review the relevant facts, Campaign Terms, submitted work, performance data, communications, and Client instructions to determine an appropriate platform-level outcome.

Kayaya may, where appropriate:

• allow the Campaign to continue;
• extend a deadline;
• request revisions;
• pause payment review;
• approve partial payment;
• reject payment where no qualifying work was delivered;
• close a Campaign;
• restrict access to future Campaigns.

Kayaya is not required to resolve every dispute between a Creator and Client, but may take reasonable action to protect platform integrity and enforce Campaign Terms.

Any decision by Kayaya about platform access, payout eligibility, fraud prevention, or enforcement is made in good faith based on the information reasonably available.

13. Intellectual Property and Content Rights

14. Confidentiality

You may receive non-public information through Kayaya, including campaign briefs, budgets, assets, internal links, product details, release dates, performance data, Client information, Creator information, and business communications.

You must not disclose, copy, use, distribute, or exploit confidential information except as necessary to participate in the relevant Campaign or use the Services.

This obligation does not apply to information that:

• is publicly available through no breach of these Terms;
• was lawfully known to you before disclosure;
• was independently developed without use of confidential information;
• must be disclosed by law, provided that you give notice where legally permitted.

15. Prohibited Uses

You must not use Kayaya to:

• violate applicable law or regulations;
• infringe another person’s rights;
• impersonate another person or business;
• create misleading, false, or deceptive content;
• upload malware, malicious code, or harmful files;
• interfere with the security, availability, or functionality of the Services;
• scrape, crawl, harvest, or collect data from the Services without authorization;
• reverse engineer, decompile, or attempt to discover source code except where law prohibits restriction;
• bypass access controls or account restrictions;
• use automated tools to create accounts, apply to campaigns, submit data, or manipulate metrics;
• buy, sell, or manipulate engagement;
• submit false, incomplete, or fabricated information;
• use the Services to facilitate fraud, money laundering, sanctions evasion, or other unlawful financial activity;
• use Kayaya for harassment, threats, discrimination, hate speech, or exploitation;
• use Kayaya to promote prohibited, unsafe, or illegal products or services.

Kayaya may investigate suspected violations and take action, including suspension, removal of Content, cancellation of Campaign access, payment review, or termination.

16. Third-Party Platforms and Links

Kayaya may interact with or link to third-party services, including TikTok, YouTube, Instagram, Twitch, Discord, Telegram, Steam, App Store, Google Play, PayPal, Wise, blockchain networks, attribution providers, and other platforms.

Kayaya does not control third-party platforms and is not responsible for:

• platform availability;
• algorithm changes;
• account suspensions;
• content removals;
• metric changes;
• third-party tracking accuracy;
• payment provider delays;
• blockchain congestion;
• external website content;
• third-party privacy practices;
• third-party terms or policies.

Your use of third-party services is governed by their own terms and policies.

17. Privacy

Kayaya’s collection and use of personal information is described in the Kayaya Privacy Policy.

By using the Services, you acknowledge that Kayaya may process personal information as described in the Privacy Policy.

18. Suspension and Termination

You may stop using Kayaya at any time.

Kayaya may suspend, restrict, or terminate your account, access to the Services, Campaign participation, or payout processing where reasonably necessary if:

• you violate these Terms or Campaign Terms;
• you provide false or misleading information;
• you engage in fraud, manipulation, or suspicious activity;
• you violate law or third-party platform policies;
• your account creates a security, legal, reputational, or operational risk;
• we are required to do so by law;
• we discontinue or materially change the Services.

If your account is terminated, Kayaya may retain information as necessary for legal compliance, security, fraud prevention, accounting, payment processing, and dispute resolution.

Termination does not affect obligations that by their nature should survive, including intellectual property, confidentiality, dispute resolution, payment obligations, limitations of liability, and indemnification.

19. Disclaimers

The Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Kayaya does not make warranties or representations regarding:

• uninterrupted or error-free operation of the Services;
• availability of Campaigns;
• Creator acceptance or Client selection;
• performance of Content;
• views, reach, engagement, installs, sales, conversions, or wishlists;
• payment timing;
• the actions of Creators, Clients, or third parties;
• accuracy of third-party analytics or tracking data;
• compatibility with every device, browser, wallet, payment method, or platform.

Kayaya does not guarantee that the Services will always be secure, available, or free from errors, delays, interruptions, vulnerabilities, or harmful components.

Nothing in these Terms excludes warranties or rights that cannot be excluded under applicable law.

20. Limitation of Liability

To the maximum extent permitted by law, Kayaya and its operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, business opportunity, or anticipated savings.

To the maximum extent permitted by law, Kayaya’s total liability arising out of or relating to the Services or these Terms will not exceed the greater of:

• $100 USD; or
• the amount paid to Kayaya by you during the 12 months before the event giving rise to the claim.

This limitation does not apply where liability cannot legally be limited or excluded, including liability for fraud, intentional misconduct, death, or personal injury caused by negligence where applicable law does not permit limitation.

Nothing in these Terms limits mandatory consumer rights that apply to you.

21. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Kayaya, its operator, affiliates, service providers, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from:

• your use of the Services;
• your Content;
• your breach of these Terms or Campaign Terms;
• your violation of law;
• your infringement of another person’s rights;
• your false, misleading, unlawful, or deceptive statements;
• your failure to make required sponsorship or advertising disclosures;
• your misuse of third-party assets, links, data, or accounts.

This section does not apply to the extent a claim is caused by Kayaya’s own unlawful conduct, gross negligence, or intentional misconduct.

22. Governing Law and Disputes

Kayaya is currently operated as an independent business and may later be incorporated in another jurisdiction.

Until Kayaya publishes a registered legal entity and governing-law jurisdiction in these Terms, disputes will be governed by the mandatory laws that apply based on the parties, transaction, and relevant jurisdiction.

Where permitted by applicable law, you agree to attempt to resolve disputes with Kayaya informally before commencing formal legal proceedings.

To begin an informal dispute process, contact:

support@kayaya.co

Nothing in these Terms prevents either party from seeking urgent injunctive or equitable relief where legally available.

Nothing in these Terms limits rights that cannot be waived under applicable consumer, employment, privacy, or other mandatory law.

23. Changes to These Terms

Kayaya may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date at the top of this page.

If changes are material, we may provide additional notice through the Services or by email where appropriate.

Your continued use of the Services after updated Terms become effective means that you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services.

24. General Terms

These Terms, the Privacy Policy, and applicable Campaign Terms form the entire agreement between you and Kayaya regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Kayaya’s failure to enforce a provision is not a waiver of its right to enforce that provision later.

You may not assign or transfer your rights or obligations under these Terms without Kayaya’s written consent.

Kayaya may assign or transfer its rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Services.

You agree that electronic communications, notices, agreements, and records satisfy legal requirements for written communications where permitted by law.

The English version of these Terms controls if a translation differs, unless applicable law requires otherwise.

25. Contact Us

For questions about these Terms, Campaigns, payments, or the Services, contact: