MISTISHKA TECHNOLOGIES PVT LTD, (MISTISHKA) is a company duly incorporated under the Companies Act, 2013 having its registered Office Floor 3, Wing 1, Raja Praasadamu Building, Masjid Banda, Kondapur, Hyderabad, India - 500084. This term of use agreement (Agreement) governs the use of content, features, and activities related to the website, applications or solutions owned and operated by MISTISHKA (the App, any solution we offer and the Site are together referred to as Service). This Agreement constitutes a legally binding agreement between yourself and MISTISHKA.

By using or accessing the Service, you acknowledge that you understand and agree to the terms of this Agreement.

The Privacy Policy is incorporated herein by reference. This Agreement shall remain in full force as long as you are a user of the Service and even in the event of termination of membership, service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms, including any indemnifications, warranties and limitations of liability.

Please read the Agreement carefully and if you do not accept the terms, do not use the Service. The Agreement may be updated/ modified periodically, without notice, for a number of reasons including, but not limited to complying with the applicable laws and regulations, and regulatory requirements. All changes will be published on the Service. The most up to date Agreement will be available on the Service. If any change is unacceptable to you, you should cease using the Service and/or terminate your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.

The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

1. Partner User (hereafter referred as User)

Means a user enrolled and holding a valid online account with the Service. A unique membership code will be assigned to every Partner. The rules governing the membership are set by MASTISHKA and are subject to change from time to time as its sole discretion.

2. Partnership Account

Means a user enrolled and holding a valid online account with the Service. A unique membership code will be assigned to every Partner. The rules governing the membership are set by MASTISHKA and are subject to change from time to time as its sole discretion.

The “Partnership Account” means the account by which Partners can access and enjoy the Service. Every User will be allowed to pick a unique username and password combination in order to use the Service as and when needed. The Membership Account shall not be a payment instrument or medium. Your username and password are personal to you and you may not allow any others to use your username or password at any time or for any reason whatsoever. We shall not liable for any harm caused by theft or misappropriation of login details, disclosure of your login details, or your authorization of anyone else to use your login details. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your login details or any other need to deactivate your username or password owing to security concerns. Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your login details will be deemed binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your password carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you will be legally responsible.

By accepting the terms and/or registering to use the Service, you hereby agree that we shall be entitled to conduct any and all such identification and other verification checks from time to time that we may require and/or are required by the applicable laws and regulations and/or by the relevant regulatory authorities for use of the Service and our products generally and you agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction. You may open only one account. Should we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account.

3. User Information

For successful login for various service we offer, users are required to provide the following information viz. full name of the user, phone number, email address, pin code and password. After submitting the details, users have the options to edit their profile information, on-boarding and logging out.

4. Closure of Account

MASTISHKA reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, MASTISHKA shall be entitled to close or suspend your account if:

a) MASTISHKA considers that you have used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
b) MASTISHKA considers that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
c) c) MASTISHKA is requested to do so by the police, any regulatory authority or court; or
d) MASTISHKA considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.

5. Intellectual Property

The designs, source code, mSFA product, UI/UX created and used for the Service along with the text, fonts, scripts, graphics, logos, photograph, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to MASTISHKA , subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your use only. MASTISHKA reserves all rights not expressly granted in and to the Service. All software used in the Service is the property of MASTISHKA or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.

6. Advertisement

From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any or services you may purchase or obtain from any of these Advertisers).

7. Representation and Warranty

You represent and warrant that:

a) the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
b) You will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;

8. Contents

You shall be solely responsible for all contents that you upload, transmit, share or display through the services we offer, (collectively the Contents) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. MASTISHKA does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 10.

9. Governance

Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations (including, without limitation, laws regarding gambling), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the site, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.

Any violation of these above terms and conditions will leave users liable to having their accounts terminated. The above statements are taken very seriously by MASTISHKA and violation of these statements will not be tolerated.

10. Limitation of liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall MASTISHKA , its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the App even if MASTISHKA or any or all of its agents have been advised of the possibility of such damages. In any event, MASTISHKA shall not be liable to pay users, for any damage whatsoever.

11. Indemnification

You agree to indemnify, defend and hold harmless, MASTISHKA , its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.

12. Data Security

Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

13. Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

14. Assignment

This agreement may be assigned by MASTISHKA to its successors and assigns including if there is any re-organization of MASTISHKA or transfer of ownership of services.

15. The Applicable law & jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Hyderabad, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

16. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID: info@Mastishkasoftware.com

• What type of information is collected from you?
• Why such information is being collected.
• When and in what manner can we use this information?
• Whether we will disclose such information to third parties.

Our Privacy Policy is subject to revisions at any time, as determined by us, without notice, and any such changes are effective immediately upon being posted on this website/ mobile application; any use of the Services thereafter will be deemed to be an acceptance of these changes by you.

1. Type of information collected

We collect four types of information from our users — ‘personal information’ such as your full name, telephone number, e-mail address and current location, ‘sensitive personal information’ such as your password and financial information, and ‘partner information’ such as business information, Tax or Commercial Registration number etc. We access the following information among others through our various products or App:

2. Personal Information

a. Name b. Email ID
c. Phone number
d. Designation
e. Address
f. Phone model, Phone network etc
g. Pin code
h. Photograph
i. Location Data (Geographical) of the phone
j. Business Information (Location, Website, Business Logo, Description)
k. Tax number or Commercial Registration Number

3. Information you submit

We collect information that you provide us as well as content that you submit or post on our various platform.

4. Automatically Collected Information

We collect information about your use of our platform, including the pages you view, the date and time of your visit etc.

5. Cookies and Similar Technologies

We use cookies in connection with your use of our platform to collect information related to what you see and interact with on our platform and access and use of our platform.

6. Location Information

We will receive your device’s location if you enable this through your browser or mobile device in order to publish information/ advertisements offered by Users closer to your location and vice-versa. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information in our platform.

7. Purpose of collection and use of information

We collect, store and disclose personal information, sensitive personal information, partner information and information relating to users in order to provide the Service. We may also use information provided by you to: (i) enforce our Terms of Use Agreement; (ii) monitor user activity and more effectively manage our hardware and App; (ii) create and manage user accounts; (iii) assist you with technical difficulties; (iv) targeted marketing strategies like SMS, Email Social Media Ads etc. The Information which are provided by the users and merchants enables us to improve our sites and provide you the most user-friendly experience.

8. Disclosure to Third Parties

We shall not publish or disclose personal information or sensitive personal information unless it is required for the provision or performance of the Service, or as mandated by law. We may use third party individuals/entities to perform certain parts of the Services and as a result may share your personal information or sensitive personal information. We may also share some personal information with third party advertisers who are interested in advertising their product to you. You can opt-out of this service by contacting us through the contact details given below. We may also disclose personal information and sensitive personal information, and other information and automatic information to businesses tied up with us for providing Services better. We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce these Terms of Use Agreement and/or Privacy Policy; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of our users, the general public or ourselves. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may inform regarding this sale.

9. Security Practices and Procedures

We ensure the confidentiality and security of your personal information and sensitive personal information and merchant information by implementing security practices and standards as mandated by law. We also have a comprehensive documented information security program and information security policies in place.

10. Links to Other Websites

We may provide links to third-party websites that collect personal information or sensitive personal information about you. We shall not be responsible or liable for the privacy standards, practices and policies implemented on such websites.

11. Questions

If you have questions about this Privacy Policy, please contact us on: mastishka@mastishkatech.com