Terms of Use

Last Updated On: 19th May, 2025

1. GENERAL TERMS

1.1. Overview of the Misto Platform

The Misto Platform is a comprehensive digital marketplace (platform to connect sellers and buyers/customers) owned and operated by HaaBtek Labs Private Limited, designed to facilitate seamless transactions between Sellers, Customers, Affiliates, and Partners, (Collectively ‘Users’). Through the Misto Platform, Sellers can establish and manage their customized online stores, while Customers can explore and purchase products and services. Additionally, Misto offers value-added services, including but not limited to:

• E-commerce infrastructure enabling Sellers to list, manage, and sell products or services.
• Secure payment processing through integrated third-party financial service providers.
• Technology integration for logistics and fulfillment support for order processing by sellers and shipment tracking for users.
• Data analytics and reporting tools to enhance Seller decision-making.
• Marketing and promotional services, including targeted advertisements and digital campaigns.
• Affiliate and referral programs to incentivize platform growth through third-party promoters.

Misto does not act as a party to transactions conducted between Sellers and Customers. Instead, Misto serves as an intermediary providing the technology and support required for these interactions.

1.2. Legally Binding Agreement

These Terms constitute a legally binding contract between you and Misto. By installing, accessing, or using the Misto Platform in any manner—including browsing, creating an account, making a purchase, or listing products—you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms and all associated policies, including but not limited to the Privacy Policy, Intellectual Property Policy, and Cookie Policy.
• Represent that you have the legal authority to accept these Terms on behalf of yourself or any entity you are acting for.
• Agree to comply with all applicable laws, regulations, and industry standards while using the Misto Platform.

If you do not agree with any provision of these Terms, you must immediately discontinue use of the Misto Platform and uninstall any related applications.

1.3. Scope of Application

These Terms govern the entirety of your interaction with the Misto Platform, regardless of how you access the services (e.g., via website, mobile application, or third-party integrations). They apply to:

• Sellers: Businesses or individuals utilizing Misto to sell products and services.
• Misto Mobile Application and Misto Business Application
• Buyers/ Customers: Users purchasing goods or services from Sellers.
• Affiliates: Individuals or entities promoting Misto with or without exchange of consideration.
• Partners: Third-party service providers offering auxiliary services, such as logistics, advertising, or payment processing.

These Terms shall continue to apply to all users, including those who may cease active engagement but have outstanding obligations or disputes under the Misto Platform.

2. ELIGIBILITY

2.1. Minimum Age and Legal Capacity

• The Misto Platform is strictly available only to individuals who are at least 18 years of age or the age of majority in their jurisdiction.
• By accessing or using the Misto Platform, you confirm that you Are of legal age to enter into a binding contract; Have the legal capacity to accept these Terms and comply with applicable laws; and; Are not disqualified from entering into contracts under any law in your jurisdiction.
• Misto reserves the right to request proof of age or identity at any time. If a user fails to provide valid proof upon request, Misto may suspend or terminate the account immediately.

2.2. Business and Organizational Use

• If you are using the Misto Platform on behalf of a company, organization, partnership, or other legal entity, you represent and warrant that you:
• Have full legal authority to bind the entity to these Terms.
• Are authorized to provide necessary business details, including business registration documents, tax identification numbers, and financial details for verification.
• Accept that the legal entity itself shall be the primary account holder and will be fully responsible for all activities performed under its registered account.

Misto reserves the right to verify business registrations and compliance records before granting full access to seller and enterprise accounts.

2.3. Restricted Access and Prohibited Users

The following individuals and entities are strictly prohibited from accessing or using the Misto Platform:

• Users Previously Banned or Restricted
• Any user whose account has been permanently banned, suspended, or restricted by Misto due to violations of these Terms, fraudulent activities, or legal infractions.
• Users Engaging in Fraudulent or Deceptive Activities
• Any individual or entity involved in scams, counterfeit sales, money laundering, or misrepresentation of identity, products, or services.
• Users Located in Restricted Jurisdictions
• Any user residing in, operating from, or subject to the laws of a country or jurisdiction:
• Sanctioned by the Government of India or international regulatory bodies.
• Subject to trade embargoes, economic sanctions, or regulatory prohibitions affecting digital commerce and online transactions.
• Impersonators and Misrepresentations
• Any individual or business that:
• Falsely represents themselves as another person, business, or entity.
• Uses stolen or fabricated documentation to gain access to Misto services.

Misto reserves the right to perform background checks and deny access to any user deemed a risk to platform integrity, security, or compliance.

2.4. User Responsibilities Regarding Eligibility

• Users are solely responsible for ensuring that their access to the Misto Platform is not prohibited by any laws, regulations, employment contracts, or other agreements that apply to them.
• Misto shall not be liable for any legal consequences, contractual breaches, or penalties that arise from a user’s unauthorized use of the Platform.
• Users agree to provide truthful and complete information at all times and acknowledge that failure to meet eligibility requirements may result in:
• Immediate suspension or termination of their Misto account.
• Legal action, including but not limited to claims for damages or reports to regulatory authorities.

2.5. Investigation and Compliance Audits

• Misto reserves the right to conduct investigations, audits, and compliance checks at its sole discretion to verify user eligibility.
• Such audits may include:
• Identity verification through government-issued documentation.
• Business registration verification for sellers and corporate users.
• Review of transaction history and compliance records.
• Users who fail or refuse to comply with an eligibility verification request may have their accounts restricted, suspended, or terminated without prior notice.

3. USER ACCOUNT, REGISTRATION, AND SECURITY

3.1. Account Creation and Access

• To access certain features of the Misto Platform, including store management, product listings, and purchasing, users must create an account (“Misto Account”).
• Account creation requires providing accurate, complete, and up-to-date information, as required during the registration process.
• Users are responsible for ensuring that the information provided is current and valid. Misto reserves the right to verify account details at any time and may request additional documentation to confirm user identity.
• Users agree not to impersonate another person, business, or entity or provide false information.

3.2. Account Security Obligations

• Users must maintain the confidentiality of their login credentials.
• Users are solely responsible for all activities occurring under their accounts, including transactions, communications, and store management.
• Misto shall not be liable for any unauthorized access or transactions resulting from compromised account credentials.
• Users must notify Misto immediately if they suspect unauthorized use, hacking attempts, or security breaches related to their account.

3.3. Account Transferability

• Misto Accounts are non-transferable, meaning users may not sell, lease, assign, or otherwise transfer their account access, credentials, or associated rights to another party.

3.4. Business Accounts and Authorized Users

• For businesses, Misto allows the creation of multi-user accounts where employees or authorized representatives can access and manage different aspects of the platform.
• Any payments made towards subscription on the Misto Platform are strictly non-refundable even in the event of account suspension or termination.
• The primary account holder (“Business Owner”) retains full control over account permissions and is legally responsible for all actions performed by authorized users.
• The Business Owner is solely liable to revoke access from former employees or unauthorized persons to prevent security risks. Misto shall stand indemnified out of any claims arising out of such losses due to the omission to revoke such access.

3.5. Account Suspension, Termination, and Reactivation

3.5.1. Grounds for Suspension or Termination

Misto reserves the right to suspend, restrict, or terminate user accounts under the following circumstances:

• Violation of these Terms, Privacy Policy, or any Misto policies.
• Submission of false, incomplete, or misleading information during registration.
• Suspicion of fraudulent, illegal, or deceptive activities, including financial misconduct.
• Engagement in abusive behaviour towards other users, Misto staff, or third-party service providers.
• Non-compliance with seller obligations, such as failure to fulfil orders, high dispute rates, or poor customer feedback.

3.5.2. Reactivation of Accounts

• Suspended accounts may be reinstated after investigation and compliance with Misto’s corrective measures.
• Users requesting reactivation must submit a formal appeal, along with relevant supporting documents.
• Misto retains sole discretion over whether an account is reinstated. In case of permanent or temporary suspension of accounts, Misto shall not be liable for any refunds or extension of subscription period.

3.6. Third-Party Account Integrations

• Users may choose to link third-party accounts (e.g., Shiprocket, Instagram, YouTube, Google, Facebook, or business software) to their Misto Account for login or business management purposes.
• By linking external accounts, users grant Misto access to certain account information as required for integration functionality.
• Misto is not responsible for security breaches, privacy issues, or data misuse by third-party services.

4. SERVICES AND PLATFORM USAGE

4.1. Overview of Services Provided

The Misto Platform offers a comprehensive suite of services designed to facilitate e-commerce, digital transactions, marketing, and business management for Sellers, Customers, Affiliates, and Partners. The services available on the Misto Platform include, but are not limited to:

4.1.1. For Sellers

• Online Store Creation: Sellers can establish and customize their digital storefronts to showcase and sell products or services.
• Product and Inventory Management: Tools to add, edit, categorize, and manage product listings, including descriptions, pricing, stock availability, and images.
• Order Processing and Fulfilment: Dashboard functionalities to track orders, confirm shipments, manage deliveries, and handle returns/refunds.
• Subscription-Based Features: Access to premium functionalities such as advanced analytics, automation, and marketing tools through tiered subscription plans.
• Third-Party Integrations: Integration with logistics providers, payment gateways, and advertising services to enhance business operations.

4.1.2. For Customers

• Product Browsing and Purchases: Customers can explore and buy products/services from Sellers through the mobile application and/ or Misto website.
• Secure Payment Processing: Transactions can be completed using multiple payment options, including credit/debit cards, digital wallets, UPI, and net banking.
• Order Tracking and Notifications: Customers receive updates regarding order confirmation, shipping, and delivery.
• Loyalty and Reward Programs: Eligible users may earn Misto Coins or Seller Specific Loyalty points through participation in loyalty initiatives. Refer to the Terms of the .

4.1.3. For Affiliates

• Referral and Commission-Based Earnings: Affiliates can promote the Misto Platform, onboard Sellers and Customers, and earn commissions for successful conversions.
• Marketing and Promotional Support: Access to referral codes, tracking dashboards, and marketing materials to optimize affiliate performance.

4.1.4. For Partners (Third-Party Service Providers)

• Logistics Support: Integration with third-party courier, warehousing, and shipping providers to streamline Seller deliveries.
• Payment Processing: Secure transactions facilitated through trusted payment gateway partners in compliance with Indian financial regulations.
• Advertising and Digital Promotions: Opportunities for Sellers and external advertisers to use sponsored listings, banner ads, and targeted digital marketing services.

4.2. Access to Services and Feature Limitations

• Misto reserves the right to modify, add, or remove services at its discretion. New services may be introduced, and existing ones may be discontinued without prior notice.
• Certain services may be available only to specific user categories, such as premium Sellers, enterprise accounts, or users with verified business credentials.
• Some services may require additional fees, subscription charges, or contractual agreements before they can be accessed.

4.3. User Obligations When Using Misto Services

By using the Misto Platform, users agree to comply with the following:

4.3.1. General Usage Restrictions

• Users must not misuse the Platform for any illegal, fraudulent, or unauthorized purpose.
• Users shall not attempt to gain unauthorized access to restricted areas, data, or accounts belonging to other users.
• The Platform may not be used to sell or purchase prohibited, counterfeit, or restricted goods and services, as per Misto’s Acceptable Use Policy.
• Automated access, data scraping, and reverse engineering of the Platform are strictly prohibited.

4.3.2. Seller-Specific Obligations

• Sellers must ensure all product listings are accurate, lawful, and do not infringe on intellectual property rights.
• Sellers are responsible for order fulfilment, delivery timelines, and resolving customer disputes related to their store.
• Any loyalty programs, promotional or discount offers extended to Customers must be honoured in full compliance with the terms advertised.

4.3.3. Customer-Specific Obligations

• Customers must provide accurate billing and shipping information for all purchases.
• Customers may not use fraudulent payment methods or attempt to exploit refund policies.
• Customers must comply with the terms of each individual Seller’s store, including return and exchange policies.

4.3.4. Affiliate-Specific Obligations

• Affiliates must use ethical and legally compliant marketing strategies and must not engage in misleading, deceptive, or spam-based promotions.
• Affiliates are strictly prohibited from misrepresenting Misto, its services, or its business model to potential users.

4.3.5. Partner-Specific Obligations

• Third-party service providers must comply with all regulatory, security, and service-level agreements (SLAs) outlined in their partnership contracts.
• Partners offering payment processing or logistics services must adhere to strict data security and compliance measures under applicable laws.

4.4. Platform Modifications, Downtime, and Service Interruptions

• Misto reserves the right to perform maintenance, upgrades, or modifications to the Platform at any time.
• Users acknowledge that services may be temporarily unavailable due to scheduled maintenance, technical failures, or external disruptions.
• Misto shall not be liable for any loss of revenue, business disruption, or inconvenience caused by service interruptions.

4.5. Data Collection, Privacy, and Compliance

• By using Misto’s services, users authorize the collection and processing of their data in accordance with Misto’s Privacy Policy.
• Users understand that data may be shared with third-party service providers for payment processing, analytics, logistics, and fraud prevention purposes.
• Misto complies with Indian data protection laws and applicable international privacy regulations (e.g., GDPR for European users).

4.6. Intellectual Property and Licensing of Platform Use

• Misto grants users a limited, non-exclusive, non-transferable license to use the Platform strictly for its intended business purposes.
• Users shall not reproduce, distribute, or create derivative works based on any Misto software, trademarks, or proprietary content.
• Any unauthorized use of the Platform’s branding, trademarks, or copyrighted materials may result in legal action.

4.7. Enforcement of Platform Usage Policies

• Misto reserves the right to monitor user activity to detect policy violations, fraudulent behaviour, and abusive practices.
• Violations of usage policies may result in:
• Warnings, temporary restrictions, or permanent bans.
• Legal action, including financial penalties or litigation.
• Referral of violations to law enforcement authorities.

5. PAYMENT PROCESSING AND FINANCIAL TRANSACTIONS

5.1. General Terms of Payment Processing

• The Misto Platform provides a secure payment processing system to facilitate transactions between Sellers, Customers, and third-party service providers.
• Misto itself does not act as a bank, financial institution, or payment service provider but instead integrates with third-party payment gateways that process payments in compliance with Indian financial regulations.
• By using Misto’s payment services, users agree to abide by these Terms, along with any additional terms imposed by third-party payment processors.

5.2. Payment Flow and Processing Time

• When a Customer places an order, the payment is collected by the third-party payment processor and held securely until the transaction is completed.
• Payments are generally processed within 24-48 hours for most digital transactions by the payment gateway. Cash on delivery payments are directly collected by the sellers as per the direct arrangements with logistics partners.
• Sellers receive payment settlements based on the Settlement Policy outlined in Section 5.4.

5.3. Fees, Charges, and Taxes

5.3.1. Transaction Fees

• Misto may charge a service fee or commission on payments processed through the platform. These fees vary based on various factors.
• The exact fee structure is disclosed to Sellers during onboarding and is subject to change without prior notice.

5.3.2. Taxes and Compliance

• Goods and Services Tax (GST) and other applicable taxes are the sole responsibility of the Seller. Such sellers shall be solely liable for compliance with all requirements under GST and other taxation or non-taxation laws and shall keep Misto indemnified.
• Sellers who are not covered under the GST laws (‘non-GST sellers’) can only sell their products within the local state jurisdiction or as per applicable laws. Such sellers are required to furnish Enrollment Number (UIN) or such other identification numbers provided by GST Department, as per applicable laws.
• Misto may provide re-seller and invoicing services to non-GST sellers under the applicable laws. Such sellers shall be solely liable for providing necessary information regarding the products including, but not limited to HSN Code. Such sellers shall keep Misto indemnified for any claims arising out of the authenticity of such information.
• Misto may provide suggestions for HSN codes for assistance of the sellers but the sellers shall be solely liable for choosing the correct HSN code.
• Sellers must ensure compliance with local and national tax laws and accurately report all transactions as required.
• Misto may deduct applicable taxes at source (TDS), TCS, or, other statutory taxes in compliance of GST and other taxation laws, in compliance with Indian tax regulations where required.
• Sellers are solely liable for ensuring that all products and services offered through their Stores on the Misto Platform comply with applicable laws, regulations, and licensing requirements. This includes, but is not limited to, obtaining and maintaining valid registrations, permits, and certifications, including, but not limited to, FSSAI license for food and beverage products, Drug license for pharmaceutical products, Legal metrology compliance for packaged commodities, and, any other regulatory approval mandated under applicable central, state, or local laws.
• Misto may, at the time of registration or during ongoing platform use, require Sellers to provide relevant license or registration numbers and documentation to verify compliance. The Seller is solely responsible for providing accurate, complete, and up-to-date information, and Misto shall not be liable for any false or misleading representations made by the Seller. Failure to comply with applicable licensing requirements or to furnish valid documentation upon request may result in account suspension, removal of product listings, or termination of access to the Platform, at Misto's sole discretion.

5.4. Seller Payment Settlements and Withdrawals

• Seller earnings are held securely until orders are successfully fulfilled which includes the successful delivery of the order and expiration of the return/ exchange period, if any.
• Settlement timelines vary based on Seller category, payment method, and dispute status:
• Standard Settlement: Payments are credited to the Seller’s wallet within 7 business days of order fulfilment as stated above. The sellers can withdraw the amount based on the subscription level. Sellers are advised to check their dashboards for details.
• Sellers can request faster payouts (within 24-48 hours) for an additional processing fee.

5.5. Chargebacks, Refunds, and Dispute Resolution

5.5.1. Chargebacks and Payment Reversals

• A chargeback occurs when a Customer disputes a transaction with their bank or payment provider, resulting in a reversal of funds.
• Common chargeback reasons include:
• Unauthorized transactions
• Non-receipt of goods or services
• Defective or misleading product descriptions
• If a chargeback is initiated, Misto will notify the Seller and request evidence (e.g., proof of delivery, order confirmation).
• If the chargeback is found to be valid, the disputed amount will be deducted from the Seller’s account and refunded to the Customer.

5.5.2. Return, Refund and Cancellation Policies

• Sellers must define their own refund & return policies, which must be clearly communicated to Customers.
• As a general rule, Misto does not allow cancellation of orders once placed. However, Misto reserves its right to cancel orders without assigning any reasons thereto. In the event of a cancellation from the platform, the customer shall be entitled to a full refund as stated below. In such an event, Misto shall stand indemnified and no further amounts other than the refund amount shall be payable.
• Refunds are processed via the original payment method or wallet, as opted by the customer, and typically take 5-10 business days to reflect in the Customer’s account depending on the mode of payment.
• If a Customer cancels an Order, Misto reserves the right to charge up to 100% of the Order value as compensation for breach of contract, covering damages incurred by Misto and/or its Sellers. In the case of a prepaid Order, Misto may withhold the refund of the Order amount. For postpaid Orders, Misto reserves the right to recover the applicable charges from the Customer’s subsequent Order. This ensures fair compensation for Misto, its Sellers, and logistics/ delivery partners.
• Misto reserves the right to impose a penalty for Orders cancelled due to reasons beyond the Seller’s control, including but not limited to: incorrect or out-of-zone delivery addresses provided by the Customer, inability to contact the Customer at the time of delivery, failure to deliver due to insufficient information or authorization, and unavailability of ordered items. In the event of an item’s unavailability, the Seller will attempt to contact the Customer using the provided phone number. If the Customer chooses to cancel the entire Order under such circumstances, they may be eligible for a refund of up to 100% of the Order value.
• If an Order is cancelled due to reasons attributable to the Seller or logistics partner, Misto will not impose any penalty on the Customer. However, for cancellations caused by the Seller, Misto reserves the right to levy a penalty or transaction charge, which may be deducted from the Seller’s Misto Wallet.
• Misto reserves the right to enforce refunds if a Seller is found to be non-compliant with platform policies or engaged in fraudulent activity.
• In the event of any conflict or inconsistency between the Seller’s policies and the terms set forth herein, the terms of this Agreement shall prevail and take precedence.
• Misto's decision regarding refunds shall be final and binding.

5.5.3. Dispute Resolution Mechanism

• If a Customer and Seller fail to resolve a dispute, Misto provides a mediation process to assist in dispute resolution.
• The process follows these steps:
• Customer submits a complaint via the Misto support portal.
• The seller is notified and given 3 business days to respond.
• If unresolved, Misto may review evidence and issue a final resolution.

5.6. Fraud Prevention and Security Measures

• Misto may employ AI-driven fraud detection, two-factor authentication (2FA), and real-time transaction monitoring to prevent fraudulent activities.
• Suspicious transactions may be flagged for manual review, leading to delayed payouts or account suspension.
• Sellers and Customers must immediately report any unauthorized activity to Misto support.

5.7. Wallet Usage

• Customers and Sellers may store funds and rewards within the Misto Wallet, subject to the Wallet and Misto Coins Terms of Use.
• Wallet funds can be used for purchases, subscription fees, and seller advertising, but may be non-withdrawable depending on the source of the funds.

5.8. Termination of Payment Services

• Misto reserves the right to terminate payment services for any user engaging in:
• Repeated chargebacks or fraudulent disputes
• Failure to comply with settlement and tax obligations
• Violation of financial regulations or misuse of the payment system

5.9. Wallet Transactions and Limitations

• Users cannot transfer Wallet funds or Misto Coins between different accounts.
• Wallet balances are not insured or interest-bearing and exist solely for facilitating platform transactions.
• Transactions using Wallet funds may be subject to additional verification steps, OTP authentication, or fraud prevention measures.

5.10. Wallet Refunds and Reversals

• Refunds for purchases made using Wallet funds will be credited back to the Wallet rather than refunded to external payment methods.
• If a user requests a withdrawal of eligible Wallet funds, processing may take 5-7 business days based on settlement policies.
• In cases of fraudulent transactions, chargebacks, or Terms violations, Misto reserves the right to withhold or revoke Wallet funds.

5.11. Suspension or Termination of Wallet Services

Misto may suspend or terminate Wallet access under the following circumstances:

• Fraudulent or unauthorized transactions linked to the account.
• Violation of platform policies, including misuse of promotional credits.
• Inactive Wallet accounts for over 12 months with no transaction activity.

5.12. Liability Disclaimer for Wallet and Misto Coins

• Misto is not liable for any losses, unauthorized transactions, or Wallet balance discrepancies resulting from user negligence.
• Wallet funds and Misto Coins do not hold any real-world monetary value outside the Misto Platform.
• Any Wallet or Coin-related disputes must be raised within 30 days of the transaction for investigation.

6. MISTO WALLET

6.1. Overview of Misto Wallet

The Misto Wallet is a closed-loop virtual account linked to a user’s Misto Platform account. It enables cashless transactions, refunds, and receipt of promotional credits. The Wallet is subject to usage restrictions, expiration policies, and compliance requirements as defined in these Terms.

6.2. Wallet Structure and Fund Categories

The Misto Wallet consists of the following distinct balance categories, each governed by specific usage rules:

• Refer & Earn Balance Funds earned through referral programs when a referred seller or buyer completes a qualifying action. It is Non-withdrawable and can only be used for transactions within the Misto Platform. Detailed terms and conditions are given separately in this document.
• General Balance Funds credited through deposits, refunds, promotional campaigns, or other eligible transactions. It is withdrawable to a linked bank account, subject to the Settlement Policy.
• Deposits Funds manually added by users for future purchases or platform fees.
• Can be used for eligible transactions
• Withdrawable only under specific conditions

6.3. Usage of Wallet Funds

• Refer & Earn Balance: Usable only for selected platform transactions; non-transferable, non-withdrawable, and cannot be exchanged for cash.
• General Balance: Usable for eligible payments and may be withdrawn under applicable terms.
• Deposits: Usable for goods, services, advertising, and subscriptions, with possible withdrawal limitations.

6.4. Expiry and Forfeiture Policies for Wallet Funds

• Refer & Earn Balance: Expire after 6 months of accrual or as per the ongoing promotions.
• General Balance and Deposits: Do not expire unless specified in promotional terms.

6.5. Wallet Transactions and Limitations

• Wallet funds are non-transferable between accounts.
• Wallet balances are not interest-bearing or insured.
• Transactions may require OTP or additional verification for security.

6.6. Wallet Refunds and Reversals

• Refunds from Wallet transactions will be credited back to the Wallet.
• Withdrawal of eligible funds may take 1–2 business days via NEFT/ RTGS.
• Misto may withhold or revoke Wallet funds in cases of fraud or policy violations.

6.7. Suspension or Termination of Wallet Services

Misto may suspend or terminate Wallet access due to:

• Fraudulent/unauthorized transactions
• Policy violations
• Inactive accounts with no transactions for over 12 months

6.8. Liability Disclaimer for Wallet

• Misto is not liable for unauthorized use or discrepancies caused by user negligence.
• Wallet funds do not carry real-world value outside the Misto Platform.
• Disputes must be raised within 30 days for investigation.

7. MISTO COINS & REFERRAL PROGRAMS

7.1. Overview of Misto Coins

Misto Coins are virtual credits available to both Sellers and Buyers on the Misto Platform. Their availability, usage, and redemption terms may be modified at Misto’s discretion. Users should check their account dashboards for updated terms.

7.2. Earning Misto Coins

Users may earn Misto Coins through:

• Purchases made during promotional campaigns
• Referral programs (onboarding Sellers or Customers)
• Verified reviews and seller milestones
• Seasonal or event-based bonus programs

7.3. Redemption of Misto Coins

• Redeemable only for services on the Misto Platform, as specified in the user's dashboard.
• Cannot be transferred, withdrawn, or used outside the platform.
• Redemption may be limited to certain product categories or time-bound campaigns.

7.4. Expiry and Forfeiture of Misto Coins

• Misto Coins expire within one year from the date of accrual.
• Expired Coins cannot be reinstated.

7.5. Seller-Specific Loyalty Points

• Sellers may run independent loyalty programs at their discretion.
• Applicable terms and benefits will be listed on the respective seller’s store page.
• These points are not transferable and expire if the seller exits the platform.
• Misto is not liable for any commitments or disputes arising from such programs; the responsibility lies solely with the seller.

7.6. Liability Disclaimer for Misto Coins

• Misto Coins hold no monetary value outside the platform.
• Misto is not responsible for unauthorized access or misuse.
• Disputes must be raised within 30 days of the related transaction.

7.7 REFERRAL PROGRAMS

• The Referral Program is open to all registered users of the Misto Platform, including both Sellers and Customers.
• Referred users (Sellers or Customers) must be new to Misto and must not have previously registered with the same contact details or device.
• Eligible users can share their unique referral code or link available in their account dashboard.
• A referral will be considered successful when the referred seller registers using the referral link/code and completes a qualifying action or the referred customer signs up and completes their first qualifying purchase on the platform.
• Only referrals tracked through the official referral mechanism will be eligible for rewards.
• Referral rewards may be in the form of Misto Coins, Wallet credits, or, Other promotional benefits as may be announced from time to time.
• Referral rewards are non-transferable, non-exchangeable for cash, and may be subject to expiration as per Misto’s policies.
• Misto reserves the right to limit the number of referrals or rewards per user or per household.
• Any misuse, including fraud, bulk emailing, spamming, or use of unauthorized advertising, will result in disqualification and account suspension.
• Misto reserves the right to modify, suspend, or terminate the Referral Program at any time without prior notice.
• In case of termination, unredeemed rewards may be forfeited at Misto’s discretion.

8. DATA PROTECTION AND PRIVACY

8.1. Overview and Applicability

• This clause outlines how HaaBtek Labs Private Limited ("Misto") collects, processes, stores, and protects the personal, transactional, and behavioral data of users on the Misto Platform.
• The privacy of users, including Sellers, Customers, Affiliates, and Partners, is of utmost importance, and Misto is committed to complying with applicable data protection laws.

8.2. Categories of Data Collected

Misto collects and processes the following categories of user data:

8.2.1. Personal Identification Data

• Full name (for individual users) or business entity name (for Sellers).
• Contact details, including email address, phone number, and postal address.
• Government-issued identification numbers (such as Aadhaar, PAN, or GSTIN for Indian users).

8.2.2. Financial and Transactional Data

• Payment details, including bank account information, credit/debit card details, and UPI credentials (processed via third-party payment gateways).
• Purchase history, order details, refund records, and Wallet transaction data.

8.2.3. Behavioral and Usage Data

• Browsing history, search queries, and interactions on the Misto Platform.
• IP address, device information, browser type, and session metadata.
• Marketing preferences and advertisement engagement metrics.

8.2.4. Communications Data

• Messages, emails, and interactions with Misto customer support.
• Any content uploaded to the platform (e.g., product listings, reviews, or feedback).

8.3. Purpose of Data Processing

Misto collects and processes user data for the following purposes:

• Platform Functionality and Service Delivery:
• To facilitate account creation, order processing, payment transactions, and refunds.
• To manage Sellers' product listings, store operations, and order fulfilment.
• To maintain loyalty programs, referral rewards, and Wallet balances.
• Security and Fraud Prevention:
• To authenticate users and prevent unauthorized account access.
• To monitor for suspicious activities, fraudulent transactions, and cybersecurity threats.
• Marketing and Personalization:
• To provide personalized product recommendations and targeted advertisements.
• To send marketing emails, push notifications, and promotional SMS.
• Legal and Compliance Obligations:
• To comply with government regulations, tax laws, financial reporting, and law enforcement requests.
• To fulfil GDPR and data protection requirements for international users.

8.4. Legal Basis for Data Processing (For GDPR Compliance)

For users covered under the General Data Protection Regulation (GDPR), Misto processes personal data under the following legal bases:

• Performance of a contract: Processing is necessary to provide services requested by the user (e.g., order fulfilment, payments).
• Legitimate interest: Data is processed for fraud detection, security, and business analytics.
• Consent: Marketing communications and cookies require explicit user consent.
• Legal obligation: Misto may process and retain certain data to comply with tax laws, legal disputes, or regulatory reporting.

8.5. Data Retention and Storage

Misto retains personal data only for as long as necessary to fulfil service obligations, comply with legal requirements, and resolve disputes. Some data may be retained for longer periods.

8.6. Data Sharing and Third-Party Disclosures

Misto does not sell or trade user data. However, certain data may be shared with third parties under specific circumstances:

8.6.1. Third-Party Service Providers

Misto may share essential data with service providers who assist in:

• Payment processing and financial settlements.
• Logistics and shipping operations.
• Fraud detection and security enforcement.

8.6.2. Regulatory and Legal Disclosures

Misto may disclose data to government authorities, law enforcement agencies, or tax regulators under the following conditions:

• To comply with court orders, or tax audits.
• To investigate and prevent fraud, money laundering, or security breaches.

8.7. Data Security Measures

Misto implements industry-standard security protocols to protect user data:

• Encryption: All sensitive data (such as passwords and payment details) may be stored using AES-256 encryption.
• Two-Factor Authentication (2FA): Strong authentication measures for account security may be implemented.
• Regular Security Audits: Periodic penetration testing and compliance checks to detect vulnerabilities.
• Restricted Access: User data is accessible only to authorized employees and partners bound by confidentiality agreements.

8.8. Cookie Policy and Tracking Technologies

• Misto uses cookies, web beacons, and tracking pixels to enhance user experience and collect behavioural analytics.
• Users can disable non-essential cookies via their browser settings, though certain features may become unavailable.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. Ownership of Intellectual Property

• The Misto Platform, including but not limited to its website, mobile application, software, logos, trademarks, content, databases, algorithms, and proprietary technologies, is the exclusive property of HaaBtek Labs Private Limited ("Misto").
• All intellectual property rights (“IP Rights”) associated with the Misto Platform, whether registered or unregistered, including but not limited to copyrights, trademarks, trade secrets, patents, and proprietary know-how, are legally protected under applicable Indian and international intellectual property laws.
• No rights, titles, or interests in any part of Misto’s intellectual property are transferred to users, except for the limited license granted hereinunder.

9.2. Limited License to Users

• Misto grants users a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Misto Platform solely for its intended purpose.
• This license does not include:
• The right to modify, distribute, sell, sublicense, reverse-engineer, decompile, or exploit any part of the Platform.
• Any commercial use outside the permitted functionalities offered to Sellers, Customers, Affiliates, or Partners.
• The right to create derivative works based on the Platform’s content, design, or functionality.

9.3. Trademarks and Branding Restrictions

• "Misto," "Misto Business," "Misto Life,” “Misto App," and the associated logos, designs, and brand elements are trademarks owned by HaaBtek Labs Private Limited.
• Users may not use, reproduce, or modify Misto’s trademarks or branding without prior written consent from Misto.
• Any unauthorized use of Misto’s trademarks may result in legal action for trademark infringement under applicable laws.

9.4. User-Generated Content (UGC) and License Grant to Misto

9.4.1. Definition of User-Generated Content

• “User-Generated Content” (UGC) refers to any content, materials, or information uploaded, posted, or shared by users on the Misto Platform, including but not limited to:
• Product listings, images, and descriptions by Sellers.
• Customer reviews, ratings, and testimonials.
• Affiliate marketing materials and promotional content.
• Forum discussions, feedback, and support queries.

9.4.2. License Grant to Misto

• By submitting UGC, users grant Misto a worldwide, irrevocable, perpetual, royalty-free, sub-licensable, and transferable license to:
• Use, modify, adapt, reproduce, distribute, publicly display, and publish UGC on any platform owned or operated by Misto.
• Use UGC for marketing, advertising, analytics, and product development purposes.
• Use the registered or unregistered Trademark(s) or any copyrighted work(s) of the users, available on the Misto Platform, for promotional activities.
• Users waive all moral rights in the UGC, to the extent permitted by law, in favor of Misto.
• Misto reserves the right to remove or edit UGC that violates its content policies, is deemed offensive, or infringes on third-party rights.

9.5. Copyright Infringement and Notice & Takedown Policy

Misto respects intellectual property rights and complies with copyright laws. If a third party believes that their copyrighted work has been infringed on the Misto Platform, they may submit a Notice of Infringement.

9.5.1. Notice of Infringement Procedure

The copyright owner or an authorized agent must send a formal written complaint to legal@haabtek.com, including:

• Identification of the copyrighted work claimed to be infringed.
• Location (URL) of the infringing content on the Misto Platform.
• Proof of copyright ownership (e.g., registration certificate, published work reference).
• Statement of good faith belief that the use of the content is unauthorized.
• Declaration under penalty of perjury that the information provided is accurate.
• Electronic or physical signature of the complainant or authorized representative.

9.5.2. Counter-Notice for Alleged Infringement

• If a Seller or user believes their content was wrongfully removed, they may file a Counter-Notice to Misto’s Legal Team at legal@haabtek.com.
• The Counter-Notice must include:
• Identification of the removed content and its previous location.
• A statement affirming the lawful right to use the content.
• Consent to jurisdiction in Indian courts for dispute resolution.
• If no legal action is taken within 21 days, Misto may restore the removed content at its discretion.

9.6. Protection of Misto’s Intellectual Property

• Unauthorized copying, redistribution, resale, or public display of any part of the Misto Platform may result in:
• Permanent account suspension.
• Legal claims, including monetary damages.
• Criminal penalties under applicable copyright and trademark laws.
• Misto actively monitors and enforces its IP rights through legal takedowns, cease-and-desist notices, and litigation where necessary.

9.7. Intellectual Property Rights of Third Parties

• Sellers and users must ensure that any content they upload (e.g., product images, descriptions, logos) does not infringe on third-party copyrights, trademarks, or patents.
• Use of unauthorized third-party intellectual property may result in:
• Immediate removal of infringing content.
• Suspension of Seller accounts or listings.
• Legal action from the original rights holder.

9.8. Open-Source Software and Third-Party Integrations

• The Misto Platform may include third-party software components, including open-source libraries or APIs.
• Such third-party software remains subject to their respective licensing terms, and users must comply with any applicable restrictions.
• Misto is not responsible for any damages, security vulnerabilities, or data breaches arising from third-party software usage.

10. USER CONDUCT AND PROHIBITED ACTIVITIES

10.1. General Standards of Conduct

By accessing or using the Misto Platform, all users—including Sellers, Customers, Affiliates, and Partners—agree to abide by the highest standards of ethical, lawful, and professional conduct. Users must:

• Act in good faith and with honesty in all transactions.
• Comply with all applicable laws, regulations, and platform policies.
• Respect the rights, privacy, and intellectual property of others.
• Refrain from engaging in fraudulent, deceptive, or illegal activities.
• Use the Platform only for its intended purpose.

10.2. Prohibited Activities

Users are strictly prohibited from engaging in any of the following activities on the Misto Platform:

10.2.1. Fraudulent and Deceptive Practices

• Providing false, misleading, or inaccurate information during account registration, order processing, or dispute resolution.
• Impersonating another person, business, or entity for financial or commercial gain.
• Engaging in deceptive marketing, false advertising, or manipulative pricing tactics to mislead Customers.
• Artificially inflating product reviews, ratings, or seller reputations through fake accounts or paid endorsements.

10.2.2. Abuse, Harassment, and Offensive Behaviour

• Posting, transmitting, or distributing defamatory, abusive, harassing, threatening, or discriminatory content targeted at any individual, group, or entity.
• Using hate speech, racial slurs, offensive language, or graphic content that incites violence, discrimination, or hostility.
• Sexual harassment, stalking, or any form of inappropriate behaviour toward Misto users, employees, or support staff.

10.2.3. Financial Misconduct and Payment Fraud

• Initiating unauthorized transactions, chargeback fraud, or payment disputes with deceptive intent.
• Using stolen, unauthorized, or fraudulent credit/debit cards, bank accounts, or payment methods.
• Attempting to bypass the Misto payment system by directing Customers to external payment channels.

10.2.4. Sale of Prohibited or Restricted Items

Users, particularly Sellers, must not list, sell, or promote any of the following prohibited items on the Misto Platform:

• Counterfeit, pirated, or unauthorized goods that infringe upon intellectual property rights.
• Illegal drugs, controlled substances, or prescription medications without proper authorization.
• Weapons, ammunition, explosives, or hazardous materials.
• Pornographic content, adult services, or sexually explicit materials.
• Live animals, endangered species, or wildlife products banned by law.
• Stolen goods, unauthorized replicas, or items acquired through illegal means.
• Hate speech merchandise, Nazi memorabilia, or extremist propaganda.

10.2.5. Cybersecurity Violations

• Attempting to hack, disrupt, or interfere with the Platform’s functionality, infrastructure, or security systems.
• Deploying malware, spyware, bots, or automated scripts to scrape data, manipulate transactions, or exploit vulnerabilities.
• Gaining unauthorized access to other users’ accounts, data, or payment information.

10.2.6. Unethical Affiliate and Advertising Practices

• Spamming, phishing, or sending unsolicited promotional messages using Misto’s branding.
• Manipulating referral programs through fake sign-ups or fraudulent referrals.
• Using misleading endorsements, undisclosed sponsored content, or deceptive advertising techniques.

10.2.7. Unlawful Use of User Data

• Harvesting, collecting, selling, or distributing user data without explicit consent.
• Engaging in identity theft, account takeovers, or unauthorized tracking of user activity.

10.2.8. Violation of Platform Policies

• Circumventing Misto’s fee structure, settlement process, or verification procedures.
• Repeated violations of refund, dispute resolution, or service-level agreements.
• Deliberate non-compliance with Misto’s intellectual property, privacy, or security policies.

10.3. Consequences of Violating User Conduct Rules

Users found violating this Clause may face the following penalties, depending on the severity of the breach:

10.3.1. Warnings and Temporary Suspensions

• First-time or minor violations may result in a written warning or temporary account suspension.

10.3.2. Permanent Account Termination

• Severe or repeated violations may result in permanent account termination, including:
• Loss of access to Misto services, wallet funds, and seller privileges.
• Removal of all product listings, reviews, or content associated with the user’s account.
• Blacklisting from future participation on the Misto Platform.

10.3.3. Financial and Legal Consequences

• Users may be held financially liable for damages, refunds, or chargebacks resulting from their actions.
• Misto reserves the right to initiate legal proceedings against users involved in criminal activities, fraudulent schemes, or regulatory violations.
• Law enforcement agencies may be notified in cases involving cyber-crimes, fraud, or illicit sales.

10.4. Reporting Misconduct and Violations

Users can report misconduct or policy violations via:

• Email: legal@haabtek.com
• Support Portal: Accessible via the Misto website and mobile app.

Misto will review reports confidentially and may take action without prior notice if a user is found in breach of these Terms.

11. DISPUTE RESOLUTION AND LEGAL PROCEEDINGS

11.1. Scope of Dispute Resolution

• This clause applies to all disputes, claims, or controversies arising between:
• Users (Sellers, Customers, Affiliates, and Partners) and Misto.
• Users and third-party service providers integrated with Misto.
• Sellers and Customers regarding transactions conducted on the Platform.
• The term “Dispute” includes but is not limited to contractual claims, payment disputes, intellectual property infringements, consumer complaints, service issues, and regulatory violations.

11.2. Mandatory Attempt at Amicable Resolution

• Before initiating formal legal proceedings, the disputing parties must attempt to resolve the issue through good-faith negotiations.
• The complainant must submit a written dispute notice to the other party via email or registered post, specifying:
• The nature of the dispute.
• Relevant transaction/order details.
• Proposed resolution.
• Misto will respond to the complaint within 14 business days. If the dispute remains unresolved, alternative dispute resolution methods may be pursued.

11.3. Arbitration Agreement

• If negotiations fail, all disputes shall be exclusively resolved through arbitration, subject to the Arbitration and Conciliation Act, 1996.
• The arbitration shall be conducted under the following terms:
• Arbitration Venue: New Delhi, India.
• Jurisdiction: New Delhi, India
• Arbitration Tribunal: A sole arbitrator appointed mutually by Misto and the disputing party.
• Arbitration Language: English.
• Governing Law: Indian law.
• The arbitral award shall be final, binding, and enforceable in any competent court of law.

11.4. Jurisdiction and Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of India.
• Subject to the Arbitration Clause, any legal proceedings arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.

11.5. Dispute Resolution Between Sellers and Customers

• Misto acts only as a marketplace intermediary and is not responsible for disputes between Sellers and Customers.
• If a transaction-related dispute arises, the Seller and Customer must attempt resolution through Misto’s internal dispute mechanism before escalating the matter externally.
• The resolution process is as follows:
• Customer contacts the seller directly for resolution of the dispute.
• Customer files a complaint via the Misto support system, in case no satisfactory resolution is provided by the seller within 15 days.
• The seller is notified and given 5 business days to provide a response.
• If no resolution is reached, Misto may recommend a settlement, issue a refund, or take appropriate action.
• If unresolved, the Customer may proceed against the Seller as per law.

11.6. Third-Party Disputes and Liability Waiver

• Misto integrates with third-party service providers (payment gateways, logistics providers, advertising platforms).
• Users acknowledge that disputes related to third-party services must be resolved directly with the respective service provider.
• Misto disclaims all liability for service failures, transaction delays, or disputes arising from third-party integrations.

11.7. Class Action Waiver

• Users agree to waive any rights to participate in class-action lawsuits or consolidated legal claims against Misto.
• All disputes must be resolved individually, through arbitration or legal proceedings as specified in this Clause.

11.8. Injunctive Relief and Equitable Remedies

• In cases involving intellectual property theft, platform abuse, or breach of confidentiality, Misto reserves the right to seek injunctive relief or equitable remedies in court.
• Such cases shall not be subject to mandatory arbitration, and Misto may pursue immediate legal action to prevent further damages.

11.9. Legal Costs and Attorney Fees

• In any legal proceeding or arbitration where Misto prevails, the non-prevailing party shall bear all reasonable legal costs, attorney fees, and arbitration expenses incurred by Misto.
• If a claim is found to be frivolous or made in bad faith, the complainant may be required to compensate Misto for damages suffered.

11.10. Limitation on Filing Legal Claims

• Any claim or dispute against Misto must be filed within one (1) year from the date the cause of action arose.
• Failure to file within this timeframe shall result in the claim being permanently barred.

12. LIMITATION OF LIABILITY

12.1. General Disclaimer of Liability

• The Misto Platform, including its website, mobile application, services, and any third-party integrations, is provided on an "as is" and "as available" basis.
• Misto does not guarantee that the Platform will be uninterrupted, error-free, secure, or free from malware, viruses, or harmful components.
• To the fullest extent permitted by applicable law, Misto disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

12.2. Limitation of Direct and Indirect Damages

• In no event shall Misto (including its directors, officers, employees, affiliates, licensors, service providers, or agents) be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to:
• Loss of business revenue, profits, data, goodwill, or anticipated savings due to the use or inability to use the Misto Platform.
• Errors, delays, failures, or disruptions in service due to technical malfunctions, system maintenance, or cyberattacks.
• Losses incurred due to reliance on information, recommendations, or third-party advertisements displayed on the Platform.
• Unauthorized access, hacking, or account security breaches resulting in financial loss or identity theft.
• Product defects, inaccurate descriptions, delayed deliveries, or failed transactions between Sellers and Customers on the Misto Platform.

12.3. Maximum Liability Cap

• To the maximum extent permitted by law, Misto’s total cumulative liability for any claim, damages, or legal action arising from a user’s use of the Platform shall not exceed the total amount paid by the user to Misto in the three (3) months preceding the event that gave rise to the claim or INR 10,000 (whichever is lower).

12.4. No Liability for Third-Party Services

• Misto integrates with third-party payment gateways, logistics providers, and advertising platforms but does not own, operate, or control their services.
• Misto shall not be liable for any financial disputes, service failures, or damages caused by third-party service providers.
• Users acknowledge that all disputes, refund claims, and service-related complaints involving third-party providers must be resolved directly with them.

12.5. Seller and Customer Transactions Disclaimer

• Misto functions only as a technology facilitator and is not a party to any contract, agreement, or transaction between Sellers and Customers.
• Misto does not guarantee the authenticity, legality, quality, or safety of products sold by Sellers on the Platform.
• Any disputes, claims, or legal issues arising from transactions must be resolved between the Seller and Customer, with Misto providing only dispute mediation services as outlined in Clause Dispute Resolution.

12.6. No Liability for User Actions or Content

• Misto does not control, monitor, or endorse any content, product listings, customer reviews, or third-party advertisements published on the Platform.
• Users are solely responsible for their uploaded content, product claims, and transactions.
• Misto disclaims all liability for damages arising from:
• False advertising or misleading product descriptions.
• User-generated content that infringes intellectual property rights.
• Malicious, offensive, or illegal materials uploaded by third parties.

12.7. Indemnification by Users

• Users agree to indemnify, defend, and hold harmless Misto, its employees, affiliates, and directors from any claims, damages, liabilities, legal expenses, or losses arising out of:
• User violation of these Terms or applicable laws.
• Misuse, fraud, or illegal activities conducted on the Platform.
• Intellectual property infringements caused by user-generated content.
• Failure to fulfil contractual obligations between Sellers and Customers.

12.8. Force Majeure (Events Beyond Control)

Misto shall not be liable for any delay, interruption, or failure to perform obligations due to events beyond its reasonable control, including but not limited to Natural disasters (earthquakes, floods, fires, pandemics), Government actions, regulatory changes, or trade restrictions, Cyberattacks, data breaches, hacking incidents, or system failures, Banking or financial institution failures that impact payment processing, Labor strikes, industrial disputes, or acts of war,

12.9. Waiver of Consequential and Incidental Damages

• Users expressly waive any right to claim indirect, incidental, punitive, or consequential damages related to their use of the Misto Platform.
• This includes but is not limited to lost business opportunities, reputational harm, and speculative financial losses.

12.10. Limitation of Claims Period

• Any claim or legal action against Misto must be filed within 1 year from the date the event giving rise to the claim occurred.
• Any failure to initiate legal action within this timeframe shall result in the claim being permanently barred.

13. INDEMNIFICATION

13.1. General Indemnification Obligation

• By using the Misto Platform, users—including Sellers, Customers, Affiliates, and Partners—agree to indemnify, defend, and hold harmless HaaBtek Labs Private Limited ("Misto"), its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, legal costs, and expenses (including reasonable attorney fees and court costs) arising out of or related to:
• User's violation of these Terms of Use, policies, or applicable laws.
• Breach of contractual obligations between Sellers and Customers.
• Misrepresentation, fraud, or deceptive practices conducted on the Platform.
• Intellectual property infringement, including unauthorized use of copyrighted materials, trademarks, or proprietary data.
• Posting or distributing defamatory, abusive, or illegal content through the Misto Platform.
• Failure to comply with consumer protection, taxation, or data privacy regulations.
• Financial disputes, including chargebacks, unauthorized transactions, or refund fraud.

13.2. Seller-Specific Indemnification Responsibilities

Sellers using the Misto Platform agree to indemnify Misto against claims arising from:

• Defective, counterfeit, misrepresented, or non-compliant products.
• Failure to deliver goods or services as promised.
• Legal violations related to product warranties, consumer rights, or trade regulations.
• Non-payment of applicable taxes, duties, or regulatory fees.

13.3. Customer-Specific Indemnification Responsibilities

Customers agree to indemnify Misto for:

• Filing false claims, initiating fraudulent disputes, or engaging in chargeback abuse.
• Misuse of the Platform, including attempts to manipulate promotions or referral programs.
• Violations of product return policies, fraudulent refund requests, or financial misconduct.

13.4. Affiliate and Partner Indemnification

Affiliates and third-party service providers shall indemnify Misto for:

• Misrepresentation of Misto’s brand, services, or promotional programs.
• Deceptive marketing, spamming, or violating ethical advertising standards.
• Failure to comply with applicable digital marketing, data protection, or consumer consent regulations.

13.5. Indemnification for Legal and Regulatory Violations

• If any user’s actions lead to regulatory investigations, fines, or lawsuits against Misto, the responsible party shall fully indemnify Misto for all damages, penalties, and legal fees incurred.
• This includes but is not limited to violations of consumer protection laws, e-commerce regulations, data privacy laws, or financial compliance obligations.

13.6. Indemnification Process and Defence Rights

• If a third party brings a claim against Misto that falls within this indemnification clause, Misto will:
• Provide written notice to the indemnifying party detailing the claim.
• Allow the indemnifying party to assume the defense of the claim at its own expense.
• Reserve the right to participate in the defense with its own legal counsel.
• If the indemnifying party fails to assume the defense within a reasonable time, Misto may proceed with its own defense and seek full reimbursement for all incurred legal costs.

13.7. No Settlement Without Consent

• The indemnifying party may not settle any claim or legal dispute without Misto’s prior written consent if the settlement imposes obligations, admissions of liability, or reputational harm on Misto.
• Misto reserves the right to reject settlements that do not adequately protect its interests.

13.8. Survival of Indemnification Obligations

• The indemnification obligations outlined in this clause shall survive the termination or expiration of a user’s relationship with Misto.
• Users remain legally bound to indemnify Misto for any claims, liabilities, or damages arising from their actions even after account closure.

13.9. Waiver of Indemnity Claims Against Misto

• Users expressly waive any right to seek indemnification from Misto for losses, liabilities, or claims related to:
• Platform outages, technical failures, or service interruptions.
• Decisions made by Misto regarding account suspension, termination, or policy enforcement.
• Actions taken by third-party payment providers, logistics partners, or affiliates.

14. LIABILITY DISCLAIMER

14.1. No Warranties or Guarantees

• The Misto Platform, including all its services, software, content, and third-party integrations, is provided on an “as is” and “as available” basis.
• HaaBtek Labs Private Limited (“Misto”) makes no warranties or guarantees, express or implied, regarding:
• The availability, reliability, security, or accuracy of the Misto Platform.
• Uninterrupted or error-free access to the Platform.
• The quality, legality, or fitness for a particular purpose of products sold by Sellers.
• The accuracy of any Seller-provided content, product descriptions, or third-party advertisements.
• Any assurance that Misto’s security systems are completely immune from cyberattacks, malware, hacking, or other security breaches.

14.2. Limitation of Liability for Platform Downtime or Errors

• Misto shall not be liable for any direct or indirect losses resulting from:
• Scheduled maintenance, technical failures, or system upgrades that cause temporary service disruptions.
• Unforeseen downtime due to cyberattacks, hacking incidents, or third-party service failures.
• Data corruption, loss, or accidental deletion of user content.
• Service interruptions caused by factors outside Misto’s reasonable control, such as internet outages, network congestion, or power failures.

14.3. No Liability for Seller and Customer Transactions

• Misto operates as a marketplace intermediary and is not responsible for the fulfillment of transactions between Sellers and Customers.
• Misto does not verify, endorse, or guarantee the authenticity, quality, legality, or safety of any products or services sold on the Platform.
• Sellers and Customers acknowledge that all transaction risks, including non-delivery, product defects, or disputes, rest solely with them.
• Misto shall not be liable for refund claims, order cancellations, delivery delays, or fraudulent product listings.

14.4. No Responsibility for Third-Party Services and Integrations

• The Misto Platform may include third-party services, such as:
• Payment processing gateways.
• Logistics and shipping providers.
• Affiliate marketing programs and external advertising networks.
• Misto does not control, endorse, or assume liability for any third-party services, including:
• Delays, errors, or failures in payment processing or refunds.
• Lost, damaged, or misdelivered shipments by logistics partners.
• Misleading advertisements, promotional offers, or third-party marketing campaigns.

14.5. Limitation of Indirect, Consequential, and Punitive Damages

• To the maximum extent permitted by law, Misto shall not be liable for any incidental, special, consequential, punitive, or indirect damages, including but not limited to:
• Loss of business revenue, anticipated profits, or goodwill.
• Reputational harm due to negative reviews, seller disputes, or third-party complaints.
• Loss of data, account access, or digital content stored on the Platform.
• Costs incurred due to legal disputes, settlements, or regulatory penalties.

14.6. Maximum Liability Cap

• Notwithstanding any other provision in these Terms, Misto’s total cumulative liability for any claims, damages, or losses shall not exceed the greater of:
• The total amount paid by the user to Misto in the three (3) months preceding the event giving rise to the claim.
• INR 10,000 (Indian Rupees Ten Thousand Only), whichever is lower.
• This limitation applies to all types of claims, whether based on contract, tort, negligence, strict liability, or any other legal theory.

14.7. Indemnification by Users

• Users agree to indemnify and hold Misto harmless against any legal claims, damages, or liabilities arising from:
• User violations of these Terms, applicable laws, or third-party rights.
• Fraudulent transactions, chargebacks, or misuse of payment services.
• Intellectual property infringements caused by unauthorized use of third-party content.

14.8. No Liability for Unauthorized Access or Security Breaches

• Misto employs industry-standard security measures, but does not guarantee absolute protection against:
• Data breaches, hacking attempts, or malware intrusions.
• Theft of login credentials, personal information, or stored payment details.
• Users are responsible for:
• Securing their own accounts, passwords, and authentication credentials.
• Reporting any unauthorized access or suspicious activity immediately.

14.9. Force Majeure

• Misto shall not be liable for any failure or delay in performance caused by Force Majeure Events, including but not limited to:
• Acts of God, natural disasters, earthquakes, floods, or pandemics.
• Government actions, trade embargoes, economic sanctions, or regulatory changes.
• Cyberattacks, data leaks, DDoS attacks, or service disruptions caused by third parties.
• Labor strikes, market disruptions, or sudden regulatory enforcement actions.

14.10. Exclusion of Certain Warranties by Jurisdiction

• Some jurisdictions do not permit the exclusion of certain warranties or the limitation of liability for incidental or consequential damages.
• If applicable law prohibits any part of this Clause, then the affected provision shall be modified only to the extent necessary to comply with the law, while the remainder of the Clause shall remain in full effect.

15. FORCE MAJEURE

15.1. Definition of Force Majeure Events

• A Force Majeure Event refers to any extraordinary, unforeseen, and unavoidable event that prevents or delays Misto from fulfilling its obligations under these Terms.
• Such events must be beyond the reasonable control of Misto and not caused by negligence, misconduct, or operational failure.
• Force Majeure Events include but are not limited to:
• Natural Disasters: Earthquakes, floods, hurricanes, fires, tsunamis, or other severe weather conditions.
• Public Health Crises: Pandemics, epidemics, outbreaks of infectious diseases (e.g., COVID-19), and government-imposed health restrictions.
• Acts of War and Terrorism: Hostilities, armed conflicts, military actions, acts of terrorism, riots, or civil unrest.
• Governmental Actions: Imposition of laws, regulations, trade embargoes, economic sanctions, or any government-mandated restrictions on commerce.
• Cybersecurity Threats: Large-scale hacking attempts, data breaches, ransomware attacks, DDoS (Distributed Denial of Service) attacks, or other digital security incidents affecting platform integrity.
• Infrastructure Failures: Power outages, server crashes, network failures, or disruptions in banking/payment processing services.
• Labor Disruptions: Strikes, worker shortages, industrial actions, or supply chain disruptions.

15.2. Consequences of a Force Majeure Event

• In the event of a Force Majeure, Misto shall be excused from performance of its contractual obligations, either fully or partially, for the duration of the event.
• Misto shall not be held liable for any failure, delay, or disruption in services caused by such events.
• The following platform services may be affected:
• Payment processing and settlement cycles (delayed fund transfers, suspended withdrawals).
• Order fulfillment and delivery timelines (shipping delays, supplier unavailability).
• Platform availability (downtime, restricted functionality due to security threats or IT failures).
• Customer support and dispute resolution (extended response times due to operational constraints).

15.3. Notification of Force Majeure

• Misto shall notify users as soon as reasonably possible via:
• Email notifications to registered users.
• Announcements on the Misto website or mobile application.
• Social media updates or public notices where applicable.
• The notice shall include:
• The nature and expected duration of the Force Majeure Event.
• The impact on services and affected operations.
• Measures taken by Misto to mitigate delays and restore normal services.

15.4. Obligations of Users During Force Majeure

• Users acknowledge that Misto is not liable for any losses or damages incurred due to disruptions caused by Force Majeure.
• Sellers and Customers must:
• Cooperate with any temporary service adjustments, delays, or alternative processes implemented by Misto.
• Not initiate legal claims, refund demands, or chargeback requests due to Force Majeure-related service disruptions.
• Ensure compliance with any additional policies, workarounds, or operational restrictions introduced by Misto during the event.

15.5. Resumption of Services and Remedial Measures

• Misto shall make reasonable efforts to:
• Restore platform operations and services as soon as the Force Majeure Event ceases.
• Implement alternative measures to minimize disruptions, such as:
• Rerouting transactions through backup payment processors.
• Partnering with alternative logistics providers for order fulfillment.
• Strengthening cybersecurity defenses to counteract security threats.
• If a Force Majeure Event continues for more than 30 days, Misto may, at its sole discretion:
• Suspend or terminate affected services indefinitely.
• Modify platform policies and service terms to accommodate ongoing disruptions.

15.6. Termination Due to Prolonged Force Majeure

• If a Force Majeure Event continues for an uninterrupted period exceeding 60 days, either party may terminate their contractual obligations without liability, except:
• Obligations already accrued prior to the Force Majeure Event shall remain enforceable.
• Pending payments, refunds, or transactions initiated before the event shall still be honored.
• Termination shall be communicated via written notice or official announcements on the Misto Platform.

15.7. No Liability or Compensation for Force Majeure Losses

• Misto shall not be liable for any direct, indirect, incidental, or consequential damages arising from:
• Loss of revenue, profits, business opportunities, or reputation due to Force Majeure disruptions.
• Additional expenses incurred by users due to service delays or failures.
• Inability to access funds, complete transactions, or fulfill contracts during the Force Majeure Event.
• Users shall not be entitled to compensation, damages, or refunds resulting from Force Majeure-related service interruptions.

16. THIRD-PARTY LINKS AND SERVICES

16.1. Third-Party Integrations and External Links

• The Misto Platform may contain links, integrations, widgets, advertisements, and other features that redirect users to third-party websites, services, applications, or platforms.
• These third-party services include, but are not limited to:
• Payment gateways.
• Logistics and shipping providers.
• External advertising and affiliate marketing platforms.
• Third-party customer support or dispute resolution services.
• Misto does not own, control, or operate any third-party services and disclaims all responsibility for their content, security, or performance.

16.2. No Endorsement or Guarantee

• The inclusion of any third-party links, services, or advertisements on the Misto Platform does not constitute an endorsement, guarantee, or recommendation by Misto.
• Users acknowledge that they engage with third-party services at their own risk and that Misto does not guarantee the reliability, legality, or security of third-party platforms.

16.3. User Responsibilities When Accessing Third-Party Services

• By choosing to access, use, or transact with third-party services, users agree that:
• They understand and accept the third party’s terms of service and privacy policies.
• They are solely responsible for verifying the legitimacy, security, and reliability of external services.
• Misto shall not be liable for losses, damages, or disputes arising from the use of third-party services.

16.4. Payment Processing and Financial Transactions

• All financial transactions conducted through third-party payment processors are subject to the terms, conditions, and security protocols of the respective payment provider.
• Misto does not store, process, or have direct access to sensitive financial data without the users’ consent.
• Users must raise disputes directly with their payment provider for unauthorized transactions, failed payments, or chargeback requests.

16.5. Logistics and Delivery Services

• Orders placed on the Misto Platform may be fulfilled using third-party logistics providers.
• Misto is not responsible for delivery delays, lost shipments, damaged products, or disputes between Sellers and logistics providers.
• Any claims regarding order shipments must be raised directly with the respective logistics provider.

16.6. Advertising, Sponsorships, and Affiliate Links

• Misto may host sponsored content, display third-party advertisements, or participate in affiliate marketing programs.
• Clicking on third-party advertisements may redirect users to external websites, which operate independently of Misto.
• Misto does not verify or endorse third-party advertisements and is not responsible for misleading claims, promotional fraud, or inaccurate product descriptions.

16.7. Data Sharing with Third Parties

• Misto may share user data with third-party service providers for:
• Payment processing, fraud prevention, and financial settlements.
• Logistics, shipping, and order fulfillment services.
• Marketing, analytics, and targeted advertising campaigns.
• Data sharing shall be conducted only in compliance with Misto’s Privacy Policy and applicable data protection laws.
• Users may have the option to opt out of certain data-sharing arrangements by adjusting their privacy settings.

16.8. Liability Disclaimer for Third-Party Failures

• Misto shall not be held liable for:
• Service failures, data breaches, or financial losses caused by third-party providers.
• Loss of funds, unauthorized transactions, or fraud committed by external payment processors.
• Delivery issues, product damages, or shipment failures due to logistics partners.
• Errors, omissions, or inaccuracies in third-party advertisements.

16.9. Dispute Resolution for Third-Party Services

• If a dispute arises between a user and a third-party service provider, Misto shall not be obligated to mediate or resolve the conflict.
• Users must contact the respective third party’s customer support, legal department, or dispute resolution forum to seek redressal.
• Misto reserves the right to restrict access to third-party services if fraud, abuse, or policy violations are detected.

16.10. Modification or Removal of Third-Party Services

• Misto may modify, restrict, or discontinue access to certain third-party services at any time, without prior notice.
• Users will be notified of significant changes affecting third-party integrations where applicable.

17. MODIFICATIONS TO THE PLATFORM AND TERMS

17.1. Right to Modify the Platform

• Misto reserves the absolute right to modify, update, enhance, suspend, or discontinue any feature, service, functionality, or aspect of the Misto Platform, in whole or in part, at its sole discretion.
• Such modifications may include but are not limited to:
• Changes to user interface, design, or navigation.
• Introduction of new features, tools, or services.
• Removal or discontinuation of obsolete or underperforming functionalities.
• Adjustments to pricing, commission structures, or payment processing mechanisms.
• Improvements to security, performance, and platform scalability.
• Misto shall not be liable for any losses, damages, or inconvenience caused by such modifications, enhancements, or feature removals.

17.2. Right to Amend the Terms of Use

• Misto may, at any time and at its sole discretion, revise, amend, or modify these Terms of Use, including any policies incorporated by reference.
• Such modifications may be made to:
• Comply with legal, regulatory, or industry requirements.
• Address changes in business operations, technology, or service offerings.
• Enhance user protection, security, and fraud prevention measures.
• Improve dispute resolution mechanisms and service-level commitments.

17.3. Notification of Changes

• Misto will provide reasonable notice to users regarding any material modifications to these Terms, however, the modifications will be binding even in the event of users not being formally notified. Users are also responsible for regularly checking this section for any updates.
• Minor updates (such as grammatical changes, formatting improvements, or clarifications) may be made without direct user notification.

17.4. User Obligation to Review Changes

• Users are responsible for regularly reviewing the latest version of these Terms to stay informed about modifications.
• Continued use of the Misto Platform after the updated Terms take effect shall constitute express acceptance of the revised Terms.
• If a user does not agree with any changes, their sole remedy is to stop using the Platform and request account closure.

17.5. Retroactive Effect of Amendments

• Unless explicitly stated otherwise, modifications to these Terms shall not apply retroactively and shall take effect from the date of publication.
• However, if a modification is required by law, regulatory compliance, or security concerns, it may take immediate effect without prior notice.

17.6. Suspension or Termination Due to Policy Non-Compliance

• If a user fails to comply with modified Terms, Misto reserves the right to:
• Suspend, restrict, or terminate the user’s access to the Platform.
• Remove non-compliant product listings, advertisements, or marketing materials.
• Withhold payments, settlements, or Wallet balances affected by policy violations.

17.7. Changes to Subscription Fees, Commissions, and Pricing

• Misto reserves the right to modify subscription fees, commission structures, seller charges, or payment processing fees at any time.
• Any changes affecting pricing, fees, or charges will be communicated in advance via email or platform notification.
• Users who do not agree with such modifications may discontinue their subscription or services before the new pricing takes effect.

17.8. Impact of Modifications on Existing Contracts

• If a modification affects an ongoing contract, transaction, or legal agreement between a user and Misto, the pre-existing Terms shall continue to apply until contract completion, unless:
• The modification is legally mandated or
• The user explicitly consents to the revised Terms.

17.9. Reservation of Rights

• Misto retains the exclusive right to interpret, enforce, and modify its policies as necessary to maintain the integrity, security, and efficiency of the Platform.
• Users acknowledge that no verbal or informal agreement shall override the officially published Terms.

17.10. Waiver of Claims Against Modifications

• Users waive any right to claim damages, refunds, or compensations for service modifications, feature changes, or policy updates.
• Misto shall not be held liable for any perceived disadvantages, revenue loss, or business impact resulting from changes to the Platform or these Terms.

18. SURVIVAL OF TERMS

18.1. Continuing Applicability of Certain Provisions

• Notwithstanding the expiration, termination, or suspension of a user’s account or access to the Misto Platform, certain provisions of these Terms shall continue to remain in full force and effect.
• These provisions are necessary to protect legal rights, ensure compliance with obligations, and enforce claims that arise before or after the termination of services.

18.2. Key Provisions That Survive Termination

The following clauses shall survive termination, account closure, or discontinuation of services:

18.2.1. Intellectual Property Rights

• All intellectual property rights, trademarks, copyrights, patents, and proprietary content of Misto shall remain protected indefinitely.
• Users shall have no continuing rights or claims to use, distribute, or modify Misto’s intellectual property after account termination.

18.2.2. Limitation of Liability

• The disclaimers, exclusions, and limitations on Misto’s liability shall continue to apply even if the user discontinues their use of the Platform.
• Users cannot retroactively claim damages, refunds, or compensations after terminating their account.

18.2.3. Indemnification Obligations

• Users shall remain legally obligated to indemnify Misto for any:
• Fraud, misconduct, regulatory violations, or disputes arising from past transactions.
• Intellectual property infringements, consumer claims, or contract breaches that occurred while they were active on the Platform.

18.2.4. Dispute Resolution and Legal Proceedings

• Any pending or future legal disputes involving the user and Misto shall be governed by the arbitration and jurisdiction clauses outlined in these Terms.
• Users cannot avoid legal liability by simply closing their account or ceasing to use the Platform.

18.2.5. Payment and Financial Obligations

• Users remain liable for:
• Outstanding payments, pending settlements, and unpaid fees owed to Misto.
• Chargebacks, refunds, or fraudulent transactions that were initiated before account closure.
• Misto reserves the right to withhold payouts, deduct fees, or initiate legal claims for any unresolved financial obligations.

18.2.6. Confidentiality and Data Protection

• Users who have accessed sensitive business data, trade secrets, or confidential information of Misto shall remain bound by confidentiality obligations indefinitely.
• Any misuse, unauthorized disclosure, or commercial exploitation of such information shall be subject to legal action and claims for damages.

18.2.7. Governing Law and Jurisdiction

• The governing law, jurisdiction, and arbitration provisions of these Terms shall continue to apply to any disputes, claims, or enforcement actions that arise after a user’s termination.

18.3. Retention of Records and Transaction History

• Misto shall retain certain user records, transaction logs, and account details as required by:
• Indian regulatory authorities (e.g., Income Tax Department, RBI, Consumer Protection Laws).
• Legal obligations related to taxation, audits, and financial compliance.
• Law enforcement agencies investigating fraud, cybercrimes, or policy violations.
• Users acknowledge that Misto may store and process necessary records even after an account has been deactivated.

18.4. Non-Revocation of Rights or Claims

• Termination of an account does not waive Misto’s rights to pursue claims against the user for:
• Breach of contractual obligations.
• Unpaid dues, outstanding settlements, or financial fraud.
• Legal violations, regulatory non-compliance, or IP infringement.