Terms of Service, Privacy Policy & User Service Agreement

TERMS OF SERVICE, PRIVACY POLICY & USER SERVICE AGREEMENT
Platform Name: ProMistri
Official Website: https://promistri.co
Compliant with Information Technology Act, 2000 & Bharatiya Nyaya Sanhita (BNS) 2023

LAST UPDATED: August 2026

WELCOME TO PROMISTRI ("PLATFORM/APP/WEBSITE"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE REGISTERING, BROWSING, OR USING OUR OFFICIAL WEBSITE (https://promistri.co) OR MOBILE APPLICATIONS. BY ENTERING THE OTP, CLICKING "I AGREE & ACCEPT", OR BY CONTINUING TO ACCESS, BROWSE, OR USE THE WEBSITE, PLATFORM, AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTOOD, AND EXPRESSLY AGREE TO BE BOUND BY ALL TERMS, CONDITIONS, AND POLICIES INCORPORATED HEREIN.

1. LEGAL STATUS & INTERMEDIARY SAFE HARBOR (IT ACT 2000 SECTION 79)

a) The Platform, including our official website https://promistri.co and associated mobile apps, acts strictly as a digital marketplace/intermediary linking Independent Service Providers ("Workers") with end-users ("Customers").
b) Pursuant to Section 79 of the Information Technology Act, 2000, the Platform operates under Intermediary Safe Harbor protection. The Platform does NOT employ Workers, nor does it direct, control, or guarantee the physical execution, safety, or outcome of services rendered.
c) Workers are independent contractors. The Platform carries ZERO employer liability for physical injury, property damage, accidents, or criminal acts occurring at service locations.

2. WORKER REGISTRATION, MANDATORY KYC, FACE IDENTIFICATION & ZERO-TOLERANCE CODE OF CONDUCT

a) All Workers must complete mandatory digital KYC prior to account activation, including Aadhaar/PAN verification and Live Camera Liveness Face Match.
b) Submission of falsified identity documents will result in immediate Account Termination, forfeiture of un-settled wallet balances, and reporting to legal authorities.
c) Zero-Tolerance Criminal & Misconduct Policy: Workers are strictly prohibited from engaging in any unlawful activity, theft, property damage, harassment, assault, or inappropriate behavior (including molestation or harassment of women/family members) at the service location.
d) CCTV & Digital Evidence Action: In the event of any theft, criminal activity, or misbehavior recorded on CCTV cameras, video evidence, or digital logs provided by the Customer, the Platform reserves the absolute right to immediately blacklist the Worker, terminate their account, hand over all KYC records and digital evidence to local law enforcement authorities, and officially assist the police in initiating criminal proceedings against the accused Worker.
e) Permanent Ban Policy: Serious misconduct or fraud will result in a permanent identity ban, blacklisting the Aadhaar, Mobile Number, and Face Biometrics from future platform registrations.

3. BOOKINGS, ESCROW PAYMENTS & MATERIAL PURCHASES

a) Customer Order Dispatch is free of upfront charges. Upon job acceptance by an available Worker, base charges and estimated fees are authorized and held in a secure Merchant Escrow Account.
b) Material Costs: Any material/spare parts purchased by the Worker require digital photo/receipt approval by the Customer. Approved material costs pass through to the Worker with 0% Platform Commission.
c) Old Material Scrap Safety: Workers must offer all replaced old parts back to the Customer via in-app photo acknowledgement to prevent property disputes.

4. COMPLETION, 4-DIGIT OTP & POST-INSPECTION DISCLAIMER

a) Mandatory After Photos: The 4-digit completion OTP screen on the Customer App/Website interface will remain locked until the Worker uploads mandatory "After Work Photos".
b) CUSTOMER RESPONSIBILITY DISCLAIMER: Entering and submitting the 4-Digit OTP confirms that the Customer has thoroughly inspected and approved the physical work.
c) ONCE THE OTP IS ENTERED, FUNDS ARE RELEASED TO THE WORKER WALLET. THE PLATFORM SHALL NOT BE HELD LIABLE FOR ANY POST-COMPLETION DISPUTES, REFUNDS, OR RE-WORK REQUESTS.

5. NON-PAYMENT, DISPUTES, WARNINGS & BNS 2023 SECTION 318 ACTION

a) Dispute Protocol & Standard Warning: If a Customer refuses or fails to share the 4-digit completion OTP after physical work is completed satisfactorily, the Worker may invoke the in-app/website "Dispute / OTP Not Received" protocol, triggering an automatic standard warning notification/SMS to the Customer: "Please share the OTP with the worker. Withholding job confirmation or OTP after service completion is against platform rules and may lead to formal legal action."
b) Manual Investigation & Verification: Following the dispute trigger, the Platform's administrative team shall conduct a manual review of the job details, including "Before/After" service photos and logs, to verify the facts.
c) Escalation & BNS Section 318 Warning: If the Customer is found to be uncooperative, non-compliant, or acting in bad faith after the investigation, the Platform reserves the right to issue a formal legal notice. Unjustified retention of service fees or refusal to pay post-service constitutes a criminal offense of cheating under Bharatiya Nyaya Sanhita (BNS) 2023 Section 318 (Cheating and dishonestly inducing delivery of property), and appropriate legal proceedings may be initiated.
d) Admin Force Release: In cases of verified fraud or unreasonable withholding of OTP, the Platform (Admin) holds the absolute right to execute an Admin Force Release of held Escrow funds directly to the Wallet to safeguard earnings.

6. CANCELLATIONS, AUDITS & MULTI-DAY JOB SAFETY

a) Worker On-The-Way Lock: Accepted jobs require tapping [On The Way] for scheduled start times. Mid-way worker cancellations trigger audit questionnaires and wallet penalties.
b) Multi-Day Jobs: Workers must perform a [Daily Check-In] every 24 hours. Failure to check-in classifies the job as "Worker Abandoned", triggering automatic customer refunds.
c) Customer Dispatch Cancellation: Cancellations post-worker dispatch deduct travel/petrol fees + penalties, credited 100% to the Worker Wallet.

7. EMERGENCY SOS & SAFETY ENGINE

a) Both Customer and Worker Apps/Platforms feature a high-priority [EMERGENCY SOS ALERT].
b) Triggering SOS instantly transmits real-time GPS location data to local emergency numbers, administrative siren dashboards, and saved emergency contacts.

8. ZERO-TOLERANCE ANTI-DISCRIMINATION, COMMUNAL HARMONY & SAFETY POLICY

a) Equal Access & Non-Discrimination: ProMistri is an inclusive digital marketplace that connects Independent Service Providers ("Workers") with end-users ("Customers") strictly based on professional skill, availability, and geographical proximity, without any bias, preference, or discrimination based on religion, caste, creed, community, gender, or race.
b) Prohibition of Communal, Caste-Based, or Discriminatory Harassment: Both Customers and Workers are strictly prohibited from engaging in any form of verbal abuse, harassment, derogatory remarks, social profiling, or refusal of service on the grounds of religion, caste, community, or belief.
c) Right to Refuse or Cancel Job & Safety Protection: If a Worker faces direct hostility, communal taunts, caste-based abuse, harassment, or a hostile environment upon reaching the service location, the Worker holds the absolute right to immediately decline or cancel the job, leave the premises, and raise an instant [Emergency SOS / Safety Alert] through the Platform.
d) Strict Account Termination & Legal Action: Any Customer or user found violating this anti-discrimination policy—such as canceling orders purely due to the service provider's religious identity, caste, or background, or subjecting them to targeted harassment—will face immediate and permanent account blacklisting, termination of services, and potential reporting to law enforcement authorities under applicable laws.

9. PRIVACY, DATA DELETION, ACCOUNT RETENTION & 90-DAY AUTOMATED PURGE POLICY

a) Data Usage: Personal data (Name, Phone, GPS Location, KYC) is encrypted and processed strictly for order fulfillment, fraud prevention, and regulatory compliance.
b) Standard Account Deletion & 90-Day Automated Purge: Users can request complete account and personal data deletion at any time via Account Settings -> [Delete My Account] on our website (https://promistri.co) or mobile apps in compliance with Google Play Store, Apple App Store, and web data privacy regulations. Upon initiating an account deletion request, the user's account enters a standard 90-day retention window. During this period, personal data is deactivated, and after exactly 90 days from the date of the request, our automated system will permanently and irreversibly delete all personal data, profile information, and logs associated with the user from our active databases.
c) Dispute, Legal & Statutory Override: Notwithstanding a user's request for complete account deletion and the standard 90-day automated purge, the Platform reserves the legal right to suspend the deletion process and securely retain essential digital logs, transaction histories, KYC records, and device metadata beyond the 90-day period. This specific retention applies strictly in cases where an active financial dispute, safety violation, consumer complaint, fraud investigation, or formal inquiry by law enforcement agencies is registered against the user during or prior to the 90-day window. In such cases, the data shall be safely preserved until the matter or legal dispute is fully resolved and closed, in compliance with applicable cybersecurity and IT rules.

10. DATA SECURITY, CONFIDENTIALITY & USER RESPONSIBILITY

a) Data Security & Confidentiality: We implement robust administrative, technical, and physical security measures (including data encryption) to protect your personal data from unauthorized access, loss, misuse, or disclosure. Your data is kept strictly confidential and is not sold, rented, or traded to unauthorized third parties.
b) User Responsibility & OTP Confidentiality: The Platform utilizes secure mobile number and OTP (One-Time Password) based authentication across our website and applications. You are solely responsible for maintaining the confidentiality of your registered phone number, email address, and any login OTPs. If you voluntarily share your login OTP, phone, or account access with any third party, and they access your account or tamper with your data, you shall be solely responsible for such actions. The Platform, management, and its affiliates shall bear zero liability for unauthorized account access resulting from user negligence or sharing of credentials.
c) Business Transitions & Third-Party Transfers: As our business evolves, we may undergo business transitions such as a merger, acquisition, restructuring, or sale of all or a portion of our assets. In such events, your personal data may be among the transferred assets. If such a business transfer or contract with a third-party entity occurs, we will make reasonable efforts to notify you via email or a prominent notice on our website (https://promistri.co) prior to the transfer of your data.

11. RIGHT TO ACCESS AND REQUEST PERSONAL DATA

a) Users have the right to request a copy of their personal data or obtain information regarding the personal data we hold about them.
b) To submit a data access or export request, the user must send a formal email from their registered email address to our official support or privacy email address (support@promistri.co or privacy@promistri.co).
c) Upon receiving a valid request, the Platform administrative team will verify the user's identity and provide the requested personal data records within 7 (seven) working days, subject to compliance with applicable laws and verification protocols.

12. GOVERNING LAW, JURISDICTION & GRIEVANCE OFFICER REDRESSAL

a) These Terms of Service and Privacy Policy shall be governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita (BNS) 2023. Any disputes arising herefrom shall be subject to the exclusive jurisdiction of the competent courts.
b) In accordance with the Information Technology Act, 2000 and rules made thereunder, if you have any questions, concerns, feedback, or grievances regarding these terms, website operations, data handling, or general inquiries, you may reach out to our designated Grievance Officer:
- Name: Md Manjar (Grievance Officer)
- Official Website: https://promistri.co
- Email: privacy@promistri.co / support@promistri.co
- Helpline / Contact Support: Available via Website Support, App Support & Registered Business Contacts
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BY CONTINUING TO ACCESS, VISIT, BROWSE, REGISTER, OR USE THE PROMISTRI WEBSITE (https://promistri.co) OR MOBILE APPLICATIONS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY ACCEPTED ALL TERMS, CONDITIONS, AND POLICIES CONTAINED IN THIS AGREEMENT.