Terms of Service

These Terms are an agreement between you and Prezrve, Inc., a Delaware corporation, if you're in the United States, or Prezrve LLP, a limited liability partnership registered in India, if you're in India (each, "Prezrve", "we", "us"). They cover prezrve.com, our apps, and related services (the "Service"). You accept them by ticking the box at signup or by accepting an updated version when we ask. If you use Prezrve for a business, you confirm you can bind that business, and "you" includes it.

Our Privacy Policy explains how we handle personal data.

Please read section 20. For US users, it requires disputes with Prezrve to be resolved by individual arbitration, not in court or as a class action, unless you opt out within 30 days.

• You must be 18 or older and able to form a binding contract.
• Prezrve is invite-only. We decide who gets access, and creators must be approved before their work appears publicly. We may decline or remove access at our discretion, subject to applicable law.
• Each account has one role: client or creator. Keep your information accurate and your login secure. You're responsible for activity on your account.
• You may not use Prezrve if you're barred by law, including US sanctions lists.

Prezrve is a marketplace. We help clients find creators, communicate, agree terms, and pay and get paid. We are not a party to the agreement between a client and a creator (the "Booking Contract"). The one exception is our role as the creator's payment collection agent (section 8).

Creators are independent businesses, not our employees or agents. They decide their own prices, availability and how they do the work. We don't guarantee the quality, safety, legality or timeliness of any work, job post or user, and we don't do background checks unless we say so.

Shoots, events and your safety. Prezrve doesn't attend, organise, supervise or control any shoot, event or other in-person activity arranged through the Service. Clients and creators are each responsible for their own conduct, safety, equipment, venue access, permits, releases, insurance and compliance with local laws. To the fullest extent the law allows, you release Prezrve (Prezrve, Inc., Prezrve LLP and their officers, employees and agents) from claims, losses and damages of any kind arising from your dealings with other users or from any shoot or event, including personal injury, illness, death, property damage or loss, theft, and emotional distress. If you're a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release doesn't cover liability that the law doesn't allow us to exclude, such as liability for our own fraud or gross negligence.

• Public by design. Creator profiles and portfolios, job posts and reviews are visible to anyone, including people without an account. Our Privacy Policy lists exactly what's shown.
• Moderation. We review portfolio uploads, generally before they appear on Explore. We may reject, remove or limit content that breaks these Terms or our quality standards.
• Reviews must be honest and based on a genuine exchange with that user on Prezrve (reviews open only after you've both messaged each other). Don't offer or accept anything in exchange for a review, post fake reviews, or pressure anyone to change one. We may remove reviews that break these rules, but not just because they're negative.
• Rankings. Explore ordering considers factors such as location, recency, follows and likes. Some placements are curated by Prezrve or earned as referral rewards. We don't sell placement; if we ever do, it will be labelled.

• Use messages only for genuine enquiries and bookings.
• Keep contact on Prezrve until a booking is confirmed. Until then, we may automatically block phone numbers, email addresses and similar contact details in messages. This protects both sides and the payment protections in section 8.
• Attachments are deleted after about 24 hours unless a participant saves them.
• Our staff may review conversations when investigating a report, a dispute or a suspected breach of these Terms.

1. A creator prepares a Booking Contract in Prezrve by answering our questionnaire. Prezrve formats their answers into a document. The creator is responsible for the creative terms: scope, deliverables, dates and usage rights.
2. Sending the contract is the creator's signature, and an offer on those terms.
3. Paying (the deposit, or the full amount if charged at booking) is the client's signature and acceptance. The Booking Contract then binds the client and the creator.
4. The pricing, payment schedule and cancellation sections are set by Prezrve and can't be edited. If the Booking Contract conflicts with sections 7–10 of these Terms, these Terms win on payments, fees, cancellations and disputes. The Booking Contract wins on creative scope and usage rights.

• Clients pay the price the creator quotes, as shown before payment.
• Creators pay Prezrve a platform fee of 8% of the quoted price, deducted from their payout. We'll give advance notice before changing the fee (see section 22), and changes never affect contracts already sent.
• Prices are in US dollars for creators in the United States and Indian rupees for creators in India.
• Each user is responsible for their own taxes. We may collect tax information and issue tax forms (for example Form 1099-K) where the law requires.

8.1 Payment providers. For creators in the United States, payments and payouts are processed by Stripe. For creators in India, client payments are processed by Razorpay and payouts are made by bank transfer through RazorpayX. Payment processing services for creators on Prezrve are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a creator on Prezrve, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of Prezrve enabling payment processing services through Stripe, you agree to give Prezrve accurate and complete information about you and your business, and you authorise Prezrve to share it and transaction information related to your use of the payment processing services provided by Stripe. Creators in India agree to give us accurate bank details, and tax details such as PAN where the law requires, for payouts through RazorpayX.

8.2 Prezrve as the creator's payment collection agent. Each creator appoints Prezrve as its limited agent to collect payments from clients for its bookings, to hold them until they are due, and to pay them out under these Terms. A client's payment to Prezrve is treated as payment to the creator and settles the client's payment obligation for that amount, even if Prezrve later fails to pay the creator. Prezrve is not a bank, escrow agent or trustee, and no interest is paid on amounts held.

8.3 Payment schedule.

By booking, the client authorises Prezrve, through our payment provider (Stripe in the United States, Razorpay in India), to charge the balance on that date to the payment method saved at booking. Where banking rules require the client to approve the payment (for example, some payments in India), the client must approve it before the event. If the charge fails, we'll retry for up to 72 hours and let the client know. If it still fails, the creator may pause work, and we may treat the booking as cancelled by the client (section 9).

8.4 Payouts to creators. Creators need a verified payout account to be paid: a Stripe account for creators in the United States, or a bank account registered through RazorpayX for creators in India. Creators in India can currently be paid only for bookings with clients in India. After the creator delivers, we release the payout (quote minus the platform fee) 7 days after the later of delivery and the balance charge, unless a dispute is open. Stripe or RazorpayX then sends it to the creator's bank on its own schedule.

8.5 Refunds and chargebacks. Refunds are paid to the original payment method. Clients agree to use Prezrve's dispute process (section 10) before filing a chargeback. If Prezrve refunds a client, or loses a chargeback, for money already paid to a creator, the creator must repay it. Prezrve may reverse the transfer or deduct it from future payouts.

Cancellation timing is measured from the first event date in the Booking Contract.

We track cancellations. Late cancellations (under 48 hours before the event) are flagged and may affect account standing. Nothing in this section removes refund rights you have under consumer protection laws that can't be excluded.

• Creators deliver through the project page by the dates in the Booking Contract. We notify clients if deliverables are overdue.
• A client with a problem (non-delivery, work that doesn't match the contract, no-show) can open a dispute before the payout is released. Both sides can submit evidence.
• Prezrve will review it and decide how the money we hold is split: refund the client, release to the creator, or divide it. That decision is final as to the funds Prezrve holds. It doesn't affect any other legal rights clients and creators have against each other.
• Prezrve isn't a court or arbitrator for disputes between users beyond deciding what happens to those funds.

• The Booking Contract's usage-rights terms decide who can use the deliverables and how.
• If it says nothing: the creator keeps copyright. Once paid in full, the client gets a non-exclusive, worldwide, perpetual licence to use the deliverables for the purpose described in the contract, or otherwise for the client's own marketing on its own channels and social accounts.
• The creator may show the work in their portfolio unless the Booking Contract says otherwise.
• Creators promise that deliverables are original or properly licensed (including music, fonts and footage). They also promise to get any model, property or location releases needed for the agreed use.

You keep ownership of what you upload: profile, portfolio, job posts, messages, reviews ("Your Content").

You give Prezrve a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, adapt (for example resize, crop, compress or make thumbnails), display and distribute Your Content:

• to run and improve the Service;
• to promote Prezrve, including featuring portfolio work on Explore, our website, our social channels and marketing, with credit where practical.

The licence ends when you delete the content or your account. It continues for backups for a limited time, for copies already shared with other users (such as messages and delivered files), and for promotional materials already published.

You promise that you have all rights needed for Your Content, including consent from identifiable people, and that it doesn't infringe anyone's rights. If you connect Instagram or TikTok, you let us import the content you select, under those platforms' terms.

Don't use Prezrve to post, send or do anything that:

• is illegal, or promotes illegal activity, money laundering or gambling;
• infringes someone's copyright, trademark, privacy or publicity rights, or belongs to someone else without permission;
• is sexually explicit, obscene or paedophilic, or harms minors in any way;
• harasses, threatens, defames or discriminates against anyone (including on the basis of gender, race, ethnicity, religion, disability or sexual orientation), including in job posts;
• impersonates anyone, or misleads about who you are or where content comes from, including knowingly false information;
• threatens India's unity, integrity, security, sovereignty or public order, or any country's national security;
• contains malware, or interferes with, scrapes, reverse-engineers or overloads the Service;
• manipulates reviews, rankings, follows or likes, or uses fake accounts;
• sends spam or unsolicited promotions;
• arranges payment outside Prezrve for work found on Prezrve (see section 14).

Prezrve doesn't ask for exclusivity. Creators and clients are free to work elsewhere.

However, for 12 months after a client and creator first connect through Prezrve, work and payments between them must go through Prezrve, unless the client pays a buy-out fee of US$500 (or ₹25,000 for users in India) for that relationship. This doesn't apply to relationships you can show existed before you met on Prezrve.

If you break this rule, we may suspend your account and charge the buy-out fee.

If you believe content on Prezrve infringes your copyright, send our designated agent a notice. It must include:

1. your signature;
2. the work you say is infringed;
3. the material and where it is on Prezrve;
4. your contact details;
5. a good-faith statement that the use isn't authorised;
6. a statement, under penalty of perjury, that your notice is accurate and you're authorised to act.

Send it to: Vidushi Jain, legal@prezrve.com, 250 W 50th St, Apt 15D, New York, NY 10019. If your content was removed and you think that's a mistake, you can send a counter-notice. We terminate repeat infringers' accounts in appropriate circumstances.

Users in India can also contact our Grievance Officer (section 24). We acknowledge complaints within 24 hours and resolve them within 15 days.

• We may remove content, limit features, or suspend or end accounts that break these Terms, create risk, or where the law requires it. Where appropriate, we'll tell you why and give you a way to appeal.
• You can delete your account at any time in Settings → Account. Open bookings must first be completed or cancelled under section 9. Amounts owed on either side still apply.
• Sections 7–12, 14 and 17–23 survive after the account ends.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, PREZRVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON'T WARRANT THE CONDUCT OF USERS OR THE QUALITY OF ANY WORK.

TO THE FULLEST EXTENT THE LAW ALLOWS:

• PREZRVE WON'T BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA OR GOODWILL;
• PREZRVE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE PLATFORM FEES YOU PAID PREZRVE IN THE 12 MONTHS BEFORE THE CLAIM, AND (B) US$100 (OR ₹8,000 FOR USERS IN INDIA).

This doesn't limit liability that can't be limited by law, or our obligation to refund or pay out money we hold under section 8.

You'll defend and indemnify Prezrve against third-party claims arising from Your Content, your Booking Contracts, your work or conduct, or your breach of these Terms or the law. This doesn't apply to the extent a claim is caused by Prezrve.

20.1 Talk to us first. Email legal@prezrve.com and give us 30 days to try to resolve it informally.

20.2 Users in the United States: arbitration. Any dispute with Prezrve that isn't resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, not in court. Hearings may be held by video, by phone or in the county where you live. Prezrve will pay the AAA fees that its Consumer Arbitration Rules assign to businesses. There are three exceptions:

• either side may bring an individual claim in small-claims court;
• either side may seek court relief for intellectual-property misuse;
• you may opt out within 30 days of first accepting these Terms by emailing legal@prezrve.com.

Class actions, class arbitrations and representative actions are waived. If 25 or more similar claims are brought against Prezrve by the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules apply, and the claims may be administered in batches, with a small set of test cases decided first. If this class-action waiver is found unenforceable for a claim, that claim will go to court, not arbitration.

20.3 Users in India. If you're in India, these Terms are governed by the laws of India. Any dispute with Prezrve LLP that isn't resolved informally will be referred to arbitration by a sole arbitrator appointed by mutual agreement or, failing that, under the Arbitration and Conciliation Act, 1996. The seat of arbitration is Gurugram, Haryana. Proceedings will be in English and may be held online. Subject to this, the courts at Gurugram, Haryana have exclusive jurisdiction. This doesn't affect your right to approach a consumer commission under the Consumer Protection Act, 2019.

20.4 Users elsewhere. Prezrve is offered only in the United States and India. If you use it from anywhere else, sections 20.1, 20.2 and 21 apply to you as they do to users in the United States.

Except as section 20.3 provides, these Terms are governed by the laws of the State of Delaware and applicable US federal law (including the Federal Arbitration Act), without regard to conflict-of-law rules. Any claim that isn't subject to arbitration may be brought in a small-claims court where you live, or otherwise in the state or federal courts located in Delaware.

We may update these Terms. For material changes (fees, payments, disputes, liability or content licence), we'll tell you by email and in the app before they take effect, and ask you to accept them. You'll need to accept them to keep using the Service. If you don't agree, you can close your account; changes never apply to disputes that started before the effective date. For minor changes, we'll update the date and let you know in the app.

• Entire agreement: these Terms (with the Privacy Policy and any Booking Contract) are the whole agreement between you and Prezrve.
• Assignment: you may not transfer your rights without our consent. We may transfer ours in a merger, acquisition or sale of assets.
• Severability: if a provision is invalid, the rest still applies.
• No waiver: not enforcing a term isn't a waiver.
• Force majeure: we aren't responsible for events beyond our reasonable control.
• Notices: we'll send notices to your account email and in the app.
• Language: if we translate these Terms, the English version wins.

• General and legal: legal@prezrve.com
• Copyright agent: Vidushi Jain, legal@prezrve.com, 250 W 50th St, Apt 15D, New York, NY 10019
• Grievance Officer (India): Sanjay Jain, legal@prezrve.com, F-1601, 15th Floor, BPTP Park Prime, Sec 66, Badshahpur, Gurgaon, Haryana - 122101
• Postal address (USA): Prezrve, Inc., c/o Vidushi Jain, 250 W 50th St, Apt 15D, New York, NY 10019
• Postal address (India): Prezrve LLP, F-1601, 15th Floor, BPTP Park Prime, Sec 66, Badshahpur, Gurgaon, Haryana - 122101