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DESIWAY - MASTER TERMS AND CONDITIONS

Last Updated: November 2, 2025 Effective Date: November 2, 2025 Version: 1.5

IMPORTANT LEGAL NOTICE

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and MANOHARA LIMITED, trading as DesiWay ("Company", "we", "us", "our") governing your access to and use of the DesiWay mobile application, website, and all related services (collectively, the "Platform" or "Services").

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

TABLE OF CONTENTS

  1. Definitions
  2. Acceptance of Terms
  3. Eligibility and Account Registration
  4. Platform Overview and Services
  5. User Obligations and Conduct
  6. Intellectual Property Rights
  7. User-Generated Content
  8. Prohibited Activities
  9. Platform Rules and Moderation
  10. Payments, Fees, and Refunds
  11. Third-Party Services and Links
  12. Privacy and Data Protection
  13. Disclaimers and Limitations of Liability
  14. Indemnification
  15. Termination and Suspension
  16. Dispute Resolution and Governing Law
  17. Changes to Terms
  18. General Provisions
  19. Contact Information

1. DEFINITIONS

For the purposes of these Terms, the following definitions apply:

1.1. "Account" means the user account created by you to access and use the Platform.

1.2. "Content" means any text, images, videos, audio, data, information, or other materials posted, uploaded, shared, or transmitted through the Platform.

1.3. "User Content" means Content that you or other users create, upload, post, or share on the Platform.

1.4. "Platform" means the DesiWay mobile application (Android and iOS), web application, and all related services, features, and functionalities.

1.5. "Services" means all features, functionalities, and services provided through the Platform, including but not limited to:

  • Social feed and community posts
  • Event listings, registration, and ticketing
  • Accommodation/housing listings
  • AirBring travel and delivery matching
  • Marketplace listings
  • Business directory
  • Direct messaging
  • User profiles and authentication

1.6. "Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

1.7. "Transaction" means any exchange, agreement, or arrangement made between users through the Platform, including but not limited to event registrations, accommodation bookings, delivery arrangements, marketplace purchases, or service agreements.

1.8. "Listing" means any post, advertisement, or announcement created by a user offering accommodation, event, marketplace item, service, or AirBring request/travel.

2. ACCEPTANCE OF TERMS

2.1. Binding Agreement: By creating an account, accessing, or using the Platform in any manner, you enter into a legally binding contract with DesiWay and agree to comply with these Terms.

2.2. Age Requirement: You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher) to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

2.3. Additional Terms: Certain Services may be subject to additional terms and conditions ("Additional Terms"), which will be presented to you before you use such Services. Additional Terms are incorporated by reference into these Terms.

2.4. Modifications: We reserve the right to modify these Terms at any time. Your continued use of the Platform after modifications constitutes acceptance of the modified Terms.

2.5. Free Access and Future Pricing Model:

(a) Current Free Access: The Platform is currently provided free of charge as we are in our launch phase. You may create an account and access all available Services without payment.

(b) Right to Introduce Paid Services: We expressly reserve the right to introduce subscription fees, usage-based pricing, or other payment models for access to the Platform or certain features in the future. This may include, but is not limited to:

  • Platform access fees (monthly, annual, or other subscription periods)
  • Feature-based pricing (premium features, advanced tools, increased limits)
  • Transaction fees or service charges
  • Tiered access levels (free tier with limitations, paid tiers with enhanced features)

(c) Advance Notice: Before implementing any paid access model that affects your ability to use the Platform, we will:

  • Provide at least 30 days' advance written notice via email and in-app notification
  • Clearly communicate the pricing structure, payment terms, and affected features
  • Explain any changes to free tier availability (if applicable)
  • Specify the effective date when fees will commence

(d) Your Options Upon Pricing Changes:

  • Accept and Pay: Continue using the Platform by accepting the new pricing terms and subscribing to a paid plan
  • Use Free Tier: If a free tier is offered, continue using the Platform with applicable limitations
  • Decline and Delete Account: If you do not wish to pay or use a limited free tier, you may delete your Account before the effective date. Upon deletion:
    • Your personal data will be deleted in accordance with our Privacy Policy (within 30 days)
    • Your public content may be anonymized (username removed) but may remain visible
    • You will not be charged any fees

(e) No Obligation to Maintain Free Access: We make no promise or guarantee that the Platform will remain free indefinitely. By using the Platform, you acknowledge and accept that:

  • Free access is provided at our discretion during the launch and growth phase
  • We may introduce fees at any time with appropriate notice
  • Your continued use after notice of pricing changes constitutes acceptance of the new terms
  • If you do not accept new pricing, your sole remedy is to stop using the Platform and delete your Account

(f) Grandfathering (Discretionary): We may, at our sole discretion, offer preferential pricing or grandfathered free access to early users, but we are under no obligation to do so.

(g) Business Sustainability: You acknowledge that introducing fees may be necessary for the Platform's long-term sustainability, development, and ability to provide quality Services.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1. Eligibility Requirements

To use the Platform, you must:

  • Be at least 18 years of age or the age of legal majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Platform under applicable laws
  • Not have been previously suspended or banned from the Platform

3.2. Account Creation

3.2.1. Registration Methods: You may create an Account using:

  • Email address and password
  • Google OAuth authentication
  • Apple Sign-In
  • Other authentication methods we may provide

3.2.2. Authentic Identity Requirement:

(a) Real Name Policy: DesiWay is a trust-based community platform, not an anonymous service. You must provide your real, legal name as it appears on government-issued identification. Business accounts may use their registered business name (proof required upon request). You may NOT use fake names, aliases, pseudonyms, or fictitious identities.

(b) Purpose: This policy creates a safe, accountable community, prevents fraud and impersonation, builds trust, and protects users from scams.

(c) Cultural Variations: Acceptable variations include preferred first name, maiden/married name, native language script, or middle name as primary (if verifiable).

(d) Identity Verification: We may request government-issued ID or documentation to verify your name at any time. Failure to verify may result in Account suspension or termination.

(e) Enforcement:

  • First Violation: 7-day notice to update to real legal name
  • Non-Compliance: Account suspended until corrected
  • Repeated Violations: Permanent termination without notice

3.2.3. Username and Display Name Policies:

(a) Username Requirements: You will select a unique username (handle/identifier). Usernames must comply with the following restrictions:

PROHIBITED - Brand Protection:

  • ❌ Cannot use "DesiWay" or any variations (desiway, desi-way, desi_way, deziiway, d3siway, etc.)
  • ❌ Cannot use "Desi" combined with platform-related terms (DesiOfficial, DesiCommunity, DesiHub, etc.)
  • ❌ Cannot use "Way" combined with diaspora/community terms (IndianWay, DiasporaWay, etc.)
  • ❌ Cannot suggest official affiliation (DesiWayOfficial, OfficialDesi, VerifiedDesi, etc.)
  • ❌ Cannot use our company name "MANOHARA LIMITED" or variations
  • ❌ Cannot use misspellings, phonetic variations, or character substitutions designed to evade this policy
  • ❌ Cannot use any username that could mislead users about your affiliation with DesiWay (sole discretion)

PROHIBITED - Impersonation and Deception:

  • ❌ Cannot impersonate another person, entity, public figure, or organization
  • ❌ Cannot mislead others about your identity, affiliation, or credentials
  • ❌ Cannot use names of celebrities, politicians, or public figures (unless you are that person and can verify)
  • ❌ Cannot pretend to be DesiWay staff, moderators, or representatives

PROHIBITED - Inappropriate Content:

  • ❌ Cannot contain offensive, vulgar, defamatory, hateful, or discriminatory language
  • ❌ Cannot contain sexual, violent, or otherwise inappropriate content
  • ❌ Cannot include spam, promotional content, or URLs
  • ❌ Cannot violate intellectual property rights (trademarks, copyrights)

(b) Right to Modify Usernames: We reserve the absolute right to modify, change, or reassign your username at any time without notice or consent if it violates restrictions, infringes intellectual property, is misleading, or is deemed inappropriate in our sole discretion.

(c) No Proprietary Rights: You have no ownership rights to your username. We may change it without liability or compensation. Username changes do not entitle you to refunds or damages.

(d) Enforcement for Brand Violations:

  • First offense: Immediate username change + written warning
  • Second offense: 30-day suspension + permanent ban on brand name use
  • Third offense: Permanent Account termination

3.2.4. Authenticity Enforcement:

DesiWay operates on principles of authenticity and trust. We do NOT provide anonymous services. Providing false information or fake identities is grounds for immediate termination. We may verify your identity at any time; refusal may result in suspension or termination. Creating multiple accounts to evade requirements results in permanent termination of all associated accounts.

3.3. Account Security

3.3.1. Password Security: You are responsible for:

  • Maintaining the confidentiality of your password and account credentials
  • All activities that occur under your Account
  • Notifying us immediately of any unauthorized access or security breach

3.3.2. Account Sharing: You may not share your Account credentials with others or allow others to access your Account.

3.3.3. Account Responsibility: You are solely responsible for all actions taken through your Account, whether authorized by you or not.

3.4. Account Verification

3.4.1. Email Verification: You must verify your email address to activate full account functionality.

3.4.2. Identity Verification: We reserve the right to request additional identity verification documents to:

  • Prevent fraud and abuse
  • Comply with legal requirements
  • Protect user safety
  • Verify business listings or professional profiles

3.4.3. Verification Badge: Verified accounts may receive a verification badge indicating that the account has been verified by DesiWay.

3.4.4. Future Verification Requirements:

(a) Right to Implement Enhanced Verification: We reserve the right to introduce additional identity verification, authentication, or security measures at any time for all users, including existing users who registered before such requirements were implemented. These may include, but are not limited to:

  • Government-issued photo ID verification
  • Biometric authentication (facial recognition, fingerprint)
  • Phone number verification (SMS or voice)
  • Social media account linking
  • Video selfie verification
  • Address verification
  • Payment method verification
  • Enhanced KYC (Know Your Customer) procedures

(b) Implementation Notice: If we introduce mandatory verification requirements that affect existing users, we will:

  • Provide at least 30 days' advance written notice via email and in-app notification
  • Clearly explain the verification requirements and process
  • Specify the deadline by which verification must be completed
  • Explain consequences of non-compliance

(c) Purpose of Enhanced Verification: Verification may be required to:

  • Comply with legal or regulatory requirements (AML, KYC, DSA obligations)
  • Enhance platform safety and prevent fraud, impersonation, or abuse
  • Protect users from scams and malicious actors
  • Maintain community trust and integrity
  • Enable specific features requiring verified identity

(d) Your Options if Verification is Required:

  • Complete Verification: Provide the required verification documents or complete the verification process to maintain full access to your Account and the Platform
  • Decline Verification: If you do not wish to complete verification, you may:
    • Continue using the Platform with restricted access (if a non-verified tier is offered)
    • Delete your Account before the verification deadline
    • Cease using the Platform

(e) Consequences of Non-Verification: If you do not complete required verification by the specified deadline:

  • Your Account may be restricted or suspended (limited to read-only access or specific features)
  • You may be unable to create content, post listings, send messages, or use certain Services
  • Your Account may be permanently deactivated if verification is not completed within a reasonable grace period
  • You may delete your Account at any time if you do not wish to verify

(f) No Obligation to Grandfather Existing Users: We are under no obligation to exempt existing users from future verification requirements. All users, regardless of registration date, may be required to comply with new verification standards.

(g) Data Protection: All verification data will be processed in accordance with our Privacy Policy and applicable data protection laws (GDPR). Verification data will be:

  • Stored securely with encryption
  • Used only for verification and compliance purposes
  • Retained only as long as necessary or required by law
  • Not shared except as required by law or disclosed in our Privacy Policy

3.5. Inactive Account Policy

3.5.1. Inactive Account Definition: An Account is considered "inactive" if:

  • No login activity has occurred for 6 consecutive months or more
  • No content has been posted, no messages sent, and no actions taken on the Platform during that period

3.5.2. Right to Delete Inactive Accounts: We reserve the right to permanently delete Accounts that have been inactive for 6 months or more without prior notice. This is necessary to:

  • Maintain platform security and reduce risk of abandoned accounts being compromised
  • Comply with data minimization principles under GDPR
  • Free up usernames for active users
  • Manage database resources efficiently
  • Prevent accumulation of stale or outdated data

3.5.3. Account Deletion Process:

(a) Grace Period Warning (Optional): We may, at our discretion, send a warning email to the registered email address before deleting an inactive Account, but we are under no obligation to do so.

(b) Automatic Deletion: If an Account remains inactive for 6 months, we may automatically and permanently delete:

  • Your Account and profile information
  • Your login credentials
  • Your personal data (as permitted under Privacy Policy)
  • Your Account settings and preferences

(c) Content Handling: Upon inactive Account deletion:

  • Private Content: Direct messages, saved posts, and private data will be permanently deleted
  • Public Content: Posts, comments, listings, and other public content may be anonymized (username removed and replaced with "Deleted User") but may remain visible on the Platform for community continuity
  • Transactional Records: Records required for legal compliance (e.g., payment records, moderation logs) may be retained as required by law

3.5.4. Prevention of Inactive Account Deletion: To keep your Account active and prevent deletion:

  • Log in to your Account at least once every 6 months
  • Perform any action on the Platform (post, comment, like, message, browse while logged in)
  • Update your profile or settings

3.5.5. No Recovery of Deleted Inactive Accounts: Once an inactive Account is deleted, it cannot be recovered or reinstated. You will need to create a new Account if you wish to use the Platform again. Your username may no longer be available.

3.5.6. Right to Delete Account Voluntarily: You may delete your Account at any time through Account Settings or by contacting us, regardless of activity status.

4. PLATFORM OVERVIEW AND SERVICES

DesiWay provides a comprehensive platform connecting members of diaspora and local communities. The Platform includes the following Services:

4.1. Social Feed and Community Posts

4.1.1. Description: Create, share, and engage with community posts, including text, images, videos, and links.

4.1.2. Features:

  • Post creation with media attachments
  • Comments and replies
  • Likes and reactions
  • Community filtering by interest or location
  • Post boosting and sponsored content

4.1.3. User Obligations:

  • Post only truthful and accurate information
  • Respect community guidelines
  • Do not post spam or misleading content
  • Comply with intellectual property laws

4.2. Events Service

4.2.1. Description: Create, discover, register for, and attend community events.

4.2.2. Features:

  • Event creation and listing
  • Event registration (free and paid events)
  • QR code ticketing system
  • Event check-in via QR scanner
  • Event attendance management
  • Event cancellation and refund processing
  • Event location filtering (online/offline, city, country)

4.2.3. Event Organizer Obligations:

  • Provide accurate event information (date, time, location, description)
  • Honor all registrations and ticket sales
  • Process refunds according to your stated refund policy
  • Comply with local event regulations and permits
  • Ensure event safety and accessibility

4.2.4. Event Attendee Obligations:

  • Provide accurate registration information
  • Adhere to event rules and organizer policies
  • Respect refund and cancellation policies
  • Present valid QR ticket for entry

4.2.5. Disclaimer: DesiWay is not responsible for event quality, safety, cancellations, or disputes between organizers and attendees. See Section 13 for full disclaimers.

4.3. Accommodation/Stay Service

4.3.1. Description: List, discover, and connect regarding housing, roommates, sublets, and accommodation opportunities.

4.3.2. Features:

  • Accommodation listing creation
  • Search and filter by location, price, type
  • Direct messaging with listing owners
  • My Listings management

4.3.3. Listing Owner Obligations:

  • Provide accurate property descriptions
  • Upload truthful photos and information
  • Disclose all relevant property conditions
  • Comply with local housing and rental laws
  • Honor pricing and availability stated in listings

4.3.4. Disclaimer: DesiWay does not:

  • Verify property ownership or legal status
  • Conduct background checks on listing owners
  • Guarantee property safety or habitability
  • Facilitate payment transactions
  • Act as a property manager or real estate agent

4.4. AirBring Service

4.4.1. Description: Connect travelers with people who need items delivered or brought from other locations.

4.4.2. Features:

  • Requests: Users post requests for items to be delivered
    • Item categories and descriptions
    • Origin and destination locations
    • Urgency levels (flexible, normal, urgent)
    • Request types (delivery, shopping, companion)
    • Item properties (fragile, perishable, liquids, medicine, prescription requirements)
  • Travel Plans: Travelers offer to carry items during their trips
    • Travel dates and routes
    • Available capacity
    • Travel types (flight, train, car, bus)
  • Offer System: Travelers make offers on requests; requesters make offers to travelers
  • Direct Messaging: Coordinate details privately

4.4.3. User Obligations:

  • Accurately describe items and travel plans
  • Comply with customs, import/export, and aviation regulations
  • Declare prohibited items honestly
  • Do not transport illegal, dangerous, or prohibited items
  • Complete agreed-upon transactions in good faith

4.4.4. Prohibited Items: Users must NOT transport:

  • Illegal drugs or controlled substances
  • Weapons, explosives, or hazardous materials
  • Counterfeit goods
  • Items prohibited by airlines, customs, or law
  • Live animals (unless properly documented and legal)

4.4.5. Disclaimer: DesiWay is not responsible for:

  • Customs violations or legal issues arising from transport
  • Lost, damaged, or seized items
  • Fraud or misrepresentation between users
  • Failure to complete delivery agreements
  • Safety risks associated with in-person meetings

4.5. Marketplace Service

4.5.1. Description: Buy, sell, and trade goods and services within the community.

4.5.2. Features:

  • Item listings with photos and descriptions
  • Search and filtering
  • Direct messaging for negotiations
  • Listing management

4.5.3. Seller Obligations:

  • Provide accurate item descriptions
  • Upload truthful photos
  • Price items fairly
  • Comply with consumer protection laws
  • Handle transactions professionally

4.5.4. Buyer Obligations:

  • Inspect items before purchase
  • Communicate clearly with sellers
  • Honor agreed-upon prices and terms

4.5.5. Disclaimer: DesiWay does not:

  • Process payments (all transactions are off-platform)
  • Guarantee item quality or authenticity
  • Mediate disputes between buyers and sellers
  • Verify seller identity or legitimacy

4.6. Business Directory Service

4.6.1. Description: Discover and list community businesses and professional services.

4.6.2. Features:

  • Business profile creation
  • Contact information and details
  • Search and filtering
  • Business verification (optional)

4.6.3. Business Listing Obligations:

  • Provide accurate business information
  • Hold proper business licenses and permits
  • Comply with advertising and consumer protection laws
  • Update listings when information changes

4.7. Messaging Service

4.7.1. Description: Private direct messaging between users.

4.7.2. Features:

  • One-on-one conversations
  • Message threading
  • Conversation management

4.7.3. Messaging Rules:

  • Use messaging for legitimate purposes only
  • Do not send spam, harassment, or unsolicited commercial messages
  • Respect user blocking and privacy preferences

5. USER OBLIGATIONS AND CONDUCT

5.1. General Obligations

You agree to:

  • Use the Platform in compliance with all applicable laws and regulations
  • Provide accurate, current, and complete information
  • Update your information when it changes
  • Use the Platform in good faith and for legitimate purposes
  • Respect the rights of other users
  • Comply with these Terms and all Additional Terms

5.2. Prohibited Conduct

You agree NOT to:

  • Violate any laws, regulations, or third-party rights
  • Impersonate any person or entity
  • Harass, bully, stalk, or threaten other users
  • Post false, misleading, or deceptive information
  • Engage in fraud or scams
  • Spam users or the Platform
  • Interfere with Platform operations or security
  • Attempt to gain unauthorized access to the Platform or user accounts
  • Use automated tools (bots, scrapers, crawlers) without authorization
  • Reverse engineer, decompile, or disassemble the Platform
  • Remove or modify copyright notices or branding

6. INTELLECTUAL PROPERTY RIGHTS

6.1. DesiWay Intellectual Property

6.1.1. Ownership: The Platform, including all software, code, design, graphics, logos, trademarks, and Content (excluding User Content), is owned by DesiWay or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

6.1.2. License to Users: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for personal, non-commercial purposes.

6.1.3. Restrictions: You may not:

  • Copy, modify, or create derivative works of the Platform
  • Distribute, sell, lease, or sublicense the Platform
  • Use the Platform for commercial purposes without authorization
  • Use DesiWay trademarks without written permission

6.2. User Content Ownership

6.2.1. Retention of Rights: You retain all ownership rights to your User Content.

6.2.2. License Grant to DesiWay: By posting User Content, you grant DesiWay a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Use, reproduce, distribute, modify, adapt, publicly display, and publicly perform your User Content
  • Create derivative works from your User Content (e.g., thumbnails, cropped images, format conversions)
  • Use your Content for operational, marketing, and promotional purposes

6.2.3. License Duration:

This license continues for as long as your Content remains on the Platform, and for a reasonable period thereafter for:

  • Cached Copies: Up to 30 days for technical backup/cache purposes
  • Legal Compliance: As long as required by law (e.g., evidence preservation for investigations)
  • Derivative Works: Thumbnails, previews, and format conversions may persist in our systems
  • Shared Content: Content shared or reposted by other users remains subject to their licenses

6.2.4. License Termination:

When you delete your User Content, this license terminates, EXCEPT for:

  • Cached or backup copies (automatically deleted within 30 days)
  • Content shared by other users (remains under their license)
  • Content required for legal compliance (GDPR Article 6(1)(c))
  • Derivative works already created (thumbnails, previews)

Important: Deleting content does NOT delete copies shared by other users or content required for legal investigations.

7. USER-GENERATED CONTENT

7.1. Content Responsibility

7.1.1. User Responsibility: You are solely responsible for all User Content you post. You represent and warrant that:

  • You own or have necessary rights to post your User Content
  • Your User Content does not violate any laws or third-party rights
  • Your User Content is accurate and not misleading

7.1.2. No Endorsement: DesiWay does not endorse any User Content and does not guarantee its accuracy, quality, or legality.

7.2. Content Standards

All User Content must comply with our Community Guidelines and Content Policy (see separate document). Content must NOT:

  • Violate laws or regulations
  • Infringe intellectual property rights
  • Contain hate speech, discrimination, or harassment
  • Promote violence or illegal activities
  • Contain sexually explicit material
  • Include spam or misleading information
  • Violate privacy rights
  • Contain malware or malicious code

7.3. Content Moderation

7.3.1. Right to Remove: We reserve the right to remove, edit, or refuse to post any User Content that:

  • Violates these Terms or Community Guidelines
  • Is reported by other users
  • We deem objectionable in our sole discretion

7.3.2. No Obligation to Monitor: We are under no obligation to monitor User Content but may do so at our discretion.

7.3.3. Reporting: Users may report violating Content. We will review reports and take appropriate action, which may include content removal, warnings, or account suspension.

8. PROHIBITED ACTIVITIES

The following activities are strictly prohibited on the Platform:

8.1. Illegal Activities

  • Any activity that violates local, national, or international laws
  • Fraud, theft, or financial crimes
  • Sale or promotion of illegal goods or services
  • Money laundering or terrorist financing

8.2. Safety Violations

  • Threats of violence or harm
  • Stalking or harassment
  • Sharing personal information of others without consent (doxxing)
  • Coordination of harmful activities

8.3. Fraud and Scams

  • Posting false or misleading listings
  • Impersonation or identity theft
  • Phishing or credential theft
  • Financial scams or pyramid schemes

8.4. Spam and Manipulation

  • Mass messaging or bulk posting
  • Automated account creation
  • Vote manipulation or fake engagement
  • Misleading links or clickbait

8.5. Platform Abuse

  • Circumventing platform restrictions or bans
  • Creating multiple accounts to evade enforcement
  • Interfering with platform functionality
  • Exploiting bugs or vulnerabilities without reporting

8.6. Intellectual Property Violations

  • Posting copyrighted material without authorization
  • Trademark infringement
  • Counterfeiting or selling fake goods

9. PLATFORM RULES AND MODERATION

9.1. Content Moderation

9.1.1. Moderation Standards: We apply moderation standards based on:

  • These Terms and Additional Terms
  • Community Guidelines
  • Applicable laws and regulations
  • User reports and feedback

9.1.2. Enforcement Actions: Violations may result in:

  • Content removal
  • Account warnings
  • Temporary suspension
  • Permanent ban
  • Legal action

9.1.3. AI-Powered Content Moderation (EU AI Act Compliance):

IMPORTANT NOTICE: By using the Platform, you expressly acknowledge and consent that DesiWay uses Artificial Intelligence (AI) systems to analyze user-generated content for safety, security, and legal compliance.

What You Agree To:

(a) AI Analysis of Your Content: You agree that all content you post on the Platform (posts, comments, messages, images, videos, listings) may be analyzed by automated AI systems to:

  • Detect illegal content (child sexual abuse material, terrorism content, hate speech, violence)
  • Identify spam, scams, fraud, and platform manipulation
  • Enforce these Terms, Community Guidelines, and applicable laws
  • Respond to user reports about policy violations
  • Protect child safety and user security

(b) Message Analysis: You acknowledge that private messages are analyzed by AI ONLY in the following circumstances:

  • When a message is reported by a recipient for violating policies
  • When automated child safety detection systems identify potential CSAM (legal requirement)
  • We do NOT proactively read your private messages for other purposes

(c) Third-Party AI Providers: You consent to your reported or flagged content being sent to third-party AI service providers (including but not limited to OpenAI, Google Cloud AI, Microsoft Azure AI) for content safety analysis. These providers:

  • Process content under strict data protection agreements
  • Delete content within 30 days
  • Do NOT use your content for AI model training
  • Are bound by EU Standard Contractual Clauses (SCCs)

(d) Human Review: You acknowledge that:

  • High-risk AI decisions are reviewed by human moderators
  • You may request human review of any AI-based moderation decision (contact: [email protected])
  • You have the right to an explanation of automated decisions
  • You may appeal content removal decisions per DSA Article 20

(e) Your Rights: You retain the following rights:

  • Right to human review of AI decisions (GDPR Article 22)
  • Right to explanation of why content was flagged or removed
  • Right to object to AI processing (may limit Platform functionality)
  • Right to appeal moderation decisions
  • EXCEPTION: CSAM detection cannot be opted out (legal obligation)

(f) Transparency: Full details about our AI content moderation, including AI providers, data transfers, retention periods, and your rights, are disclosed in our Privacy Policy Section 12.5.

(g) Consent Withdrawal: By continuing to use the Platform, you consent to AI content moderation. If you do not consent:

  • You must cease using the Platform
  • We cannot provide Services without basic content safety measures
  • CSAM detection remains mandatory regardless of consent (legal requirement)

(h) EU AI Act Compliance: This AI system is classified as "limited-risk" under the EU AI Act. We implement transparency obligations, human oversight, accuracy monitoring, and accountability measures as required by law (effective August 2, 2026).

9.2. User Blocking

9.2.1. Block Feature: Users may block other users to prevent:

  • Viewing each other's profiles
  • Direct messaging
  • Interactions on posts and listings

9.2.2. Block Effect: Blocking is mutual and permanent until unblocked.

9.3. Reporting System

9.3.1. Report Mechanism: Users may report:

  • Violating content
  • Abusive behavior
  • Suspicious accounts
  • Technical issues

9.3.2. Report Review: We will review reports promptly and take appropriate action. Reporters may receive updates on action taken.

9.3.3. False Reports: Abuse of the reporting system may result in enforcement action against the reporter.

10. PAYMENTS, FEES, AND REFUNDS

10.1. Platform Fees

10.1.1. Free Access: The Platform is currently free to use for basic Services.

10.1.2. Premium Services: We may introduce premium features, boosted posts, or other paid Services in the future. Pricing and terms will be clearly disclosed before purchase.

10.1.3. Right to Change Fees: We reserve the right to introduce or modify fees at any time with reasonable notice.

10.2. Event Payments

10.2.1. Event Registration: Event organizers may charge fees for event registration and tickets.

10.2.2. Payment Processing: Event payments are processed through integrated payment providers. DesiWay does not handle or store payment information.

10.2.3. Event Refunds: Refund policies are set by event organizers. DesiWay is not responsible for processing refunds or mediating refund disputes.

10.3. User-to-User Transactions

10.3.1. Off-Platform Transactions: All transactions between users (accommodation, marketplace, AirBring) occur off-platform. DesiWay does not:

  • Process payments
  • Hold funds in escrow
  • Guarantee transactions
  • Mediate payment disputes

10.3.2. User Responsibility: Users are solely responsible for:

  • Negotiating payment terms
  • Ensuring secure payment methods
  • Verifying transaction legitimacy
  • Resolving payment disputes

10.4. Advertisements and Boosted Posts

10.4.1. Ad Platform: Users may purchase boosted posts or advertisements to increase visibility.

10.4.2. Ad Terms: Advertisements must comply with:

  • These Terms
  • Advertising standards and laws
  • Content policies

10.4.3. Ad Rejection: We reserve the right to reject, remove, or suspend any advertisement for any reason.

10.4.4. No Refunds: Advertisement fees are non-refundable unless we fail to deliver the service as described.

11. THIRD-PARTY SERVICES AND LINKS

11.1. Third-Party Integrations

11.1.1. Authentication: We use third-party OAuth providers (Google, Apple) for authentication. Your use of OAuth is subject to the third party's terms and privacy policies:

11.1.2. AI Content Moderation: We use third-party AI services (OpenAI, Google Cloud AI, Microsoft Azure AI, AWS) for automated content moderation and safety. See Section 9.1.3 and Privacy Policy Section 12.5 for details.

11.1.3. Other Services: The Platform may integrate with:

  • Payment processors
  • Map services
  • Media storage (CDN)
  • Push notification services
  • Error tracking services

11.2. External Links

11.2.1. User-Posted Links: User Content may contain links to external websites. DesiWay is not responsible for:

  • Content on external websites
  • Privacy practices of third parties
  • Safety or legality of external links

11.2.2. Disclaimer: We do not endorse, control, or assume responsibility for external websites. Access them at your own risk.

11.3. Third-Party Terms

11.3.1. Separate Agreements: Your use of third-party services is governed by their respective terms and conditions.

11.3.2. No Liability: DesiWay is not liable for any issues arising from your use of third-party services.

12. PRIVACY AND DATA PROTECTION

12.1. Privacy Policy

12.1.1. Incorporation: Our Privacy Policy is incorporated into these Terms by reference.

12.1.2. Data Collection: By using the Platform, you consent to our collection, use, and disclosure of your Personal Data as described in our Privacy Policy.

12.2. GDPR Compliance

12.2.1. EU Users: If you are located in the European Union, you have specific rights under the General Data Protection Regulation (GDPR), including:

  • Right to access your Personal Data
  • Right to rectification
  • Right to erasure ("right to be forgotten")
  • Right to data portability
  • Right to object to processing
  • Right to withdraw consent

12.2.2. Data Processing: We process Personal Data lawfully, fairly, and transparently in accordance with GDPR principles.

12.3. Data Retention

12.3.1. Retention Period: We retain your data for as long as necessary to provide Services and comply with legal obligations.

12.3.2. Account Deletion: When you delete your Account, we will delete or anonymize your Personal Data within 30 days, except where retention is required by law.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

13.1. Platform "AS IS"

13.1.1. No Warranties: THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR AVAILABILITY

13.1.2. No Guarantee: We do not guarantee that:

  • The Platform will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The Platform is free from viruses or harmful components
  • Content is accurate or reliable

13.2. User Interactions

13.2.1. User Responsibility: YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. DesiWay IS NOT RESPONSIBLE FOR:

  • User conduct or behavior
  • Disputes between users
  • Transactions between users
  • Safety of in-person meetings
  • Accuracy of user-posted information

13.2.2. Background Checks: We do not conduct background checks, identity verification, or screening of users (except as explicitly stated for verified accounts).

13.3. Event Disclaimer

13.3.1. No Event Responsibility: DesiWay is not responsible for:

  • Event quality, safety, or legality
  • Event cancellations or changes
  • Disputes between organizers and attendees
  • Injuries or damages at events
  • Refund disputes

13.3.2. Third-Party Events: Events are created and managed by third-party organizers. We are not event organizers or co-organizers.

13.4. Accommodation Disclaimer

13.4.1. No Property Verification: DesiWay does not:

  • Verify property ownership, legality, or habitability
  • Inspect properties listed on the Platform
  • Guarantee property safety or compliance with laws
  • Act as landlord, tenant, or property manager

13.5. AirBring Disclaimer

13.5.1. No Transport Responsibility: DesiWay is not responsible for:

  • Items transported by users
  • Compliance with customs or aviation regulations
  • Lost, damaged, or seized items
  • Legal issues arising from item transport
  • Safety of in-person meetings or exchanges

13.6. Marketplace Disclaimer

13.6.1. No Transaction Responsibility: DesiWay does not:

  • Verify authenticity or quality of marketplace items
  • Process payments or guarantee transactions
  • Mediate disputes between buyers and sellers
  • Assume liability for item defects or misrepresentation

13.7. Limitation of Liability

13.7.0. Exclusions from Limitation:

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Gross negligence or willful misconduct
  • Any other liability that cannot be limited or excluded under Irish or EU law

13.7.1. Limited Liability for Other Claims:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 13.7.0 ABOVE, DESIWAY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION
  • PROPERTY DAMAGE (subject to Section 13.7.0 exclusions)
  • ANY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE PLATFORM

13.7.2. Aggregate Liability Cap: Subject to Section 13.7.0 (exclusions for death, injury, fraud), IN NO EVENT SHALL DESIWAY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE PLATFORM EXCEED THE GREATER OF:

  • €500 (FIVE HUNDRED EUROS), OR
  • THE TOTAL AMOUNT YOU PAID TO DESIWAY IN THE 12 MONTHS PRECEDING THE CLAIM

13.7.3. Consumer Rights Preserved: Nothing in this Section 13.7 affects your statutory rights as a consumer under EU or Irish law that cannot be contractually waived or limited.

13.7.4. Jurisdictional Variations: Some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions, or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and the above limitations may not apply to you.

13.8. Assumption of Risk

13.8.1. User Risk: You acknowledge and agree that:

  • You use the Platform at your own risk
  • You are responsible for evaluating the accuracy, safety, and legality of user interactions
  • In-person meetings with other users carry inherent risks
  • You should take reasonable precautions when meeting users or engaging in transactions

14. INDEMNIFICATION

14.1. User Indemnification: You agree to indemnify, defend, and hold harmless DesiWay, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Your User Content
  • Your interactions with other users
  • Any transactions or agreements between you and other users

14.2. Defense: DesiWay reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. TERMINATION AND SUSPENSION

15.1. Termination by You

15.1.1. Account Deletion: You may delete your Account at any time through Account Settings.

15.1.2. Effect of Deletion: Upon deletion:

  • Your profile and personal information will be removed or anonymized
  • Your public Content may remain visible (in anonymized form)
  • We may retain data as required by law or for legitimate business purposes

15.2. Termination by DesiWay

15.2.1. Right to Terminate: We may suspend or terminate your Account at any time, with or without notice, for:

  • Violation of these Terms
  • Illegal activity
  • Fraud or abuse
  • Harm to other users or the Platform
  • Inactivity
  • Any other reason at our sole discretion

15.2.2. Effect of Termination: Upon termination:

  • Your access to the Platform will be revoked immediately
  • You will lose access to your Account and Content
  • Certain Content may be retained as described in Section 15.1.2

15.3. No Liability

15.3.1. No Refunds: We will not refund any fees paid prior to termination.

15.3.2. No Liability for Termination: DesiWay shall not be liable to you or any third party for termination or suspension of your Account.

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1. Governing Law

16.1.1. Law Selection: These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

16.1.2. EU Law Compliance: These Terms comply with EU consumer protection laws, GDPR, Digital Services Act, and other applicable EU regulations.

16.2. Dispute Resolution Process

16.2.1. Informal Resolution: Before initiating formal proceedings, you agree to contact us to attempt to resolve the dispute informally. Contact us at [email protected] with a detailed description of the dispute.

16.2.2. Negotiation Period: We will attempt to resolve disputes within 30 days of receipt of your notice.

16.3. Alternative Dispute Resolution (Optional)

16.3.1. Voluntary ADR:

If informal resolution (Section 16.2) fails, you may VOLUNTARILY choose to resolve the dispute through:

Option A: Mediation/Arbitration (Voluntary)

  • You may propose binding arbitration under Irish Arbitration Act 2010
  • Arbitration location: Dublin, Ireland
  • Language: English
  • Arbitrator: Mutually agreed arbitrator or appointed by Chartered Institute of Arbitrators Ireland
  • IMPORTANT: Arbitration is VOLUNTARY - you retain the right to pursue court remedies instead

Option B: DSA-Certified Out-of-Court Dispute Settlement (EU Users)

Option C: EU Online Dispute Resolution Platform

16.3.2. No Waiver of Court Rights:

Using alternative dispute resolution does NOT waive your right to pursue judicial remedies under Irish or EU law. You may proceed directly to court without using ADR.

16.4. Jurisdiction and Venue

16.4.1. Exclusive Jurisdiction: Any legal action or proceeding arising out of or related to these Terms or the Platform shall be brought exclusively in the courts of Ireland.

16.4.2. Consent to Jurisdiction: You irrevocably consent to the jurisdiction of such courts and waive any objection to venue.

16.5. EU Consumer Rights

16.5.1. Mandatory Provisions: Nothing in these Terms affects your statutory rights as a consumer under EU law.

16.5.2. Consumer Dispute Resolution: EU consumers may access the European Commission's Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr

17. CHANGES TO TERMS

17.1. Right to Modify: We reserve the right to modify these Terms at any time.

17.2. Notice of Changes: We will notify you of material changes by:

  • Email notification
  • In-app notification
  • Posting an updated version with a new "Last Updated" date

17.3. Acceptance of Changes: Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

17.4. Rejection of Changes: If you do not agree to modified Terms, you must stop using the Platform and delete your Account.

18. GENERAL PROVISIONS

18.1. Entire Agreement

These Terms, together with the Privacy Policy and any Additional Terms, constitute the entire agreement between you and DesiWay regarding the Platform.

18.2. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

18.4. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms to any affiliate or successor.

18.5. Force Majeure

DesiWay shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, or internet service failures.

18.6. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.7. Language

These Terms are provided in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

19. CONTACT INFORMATION

If you have questions, concerns, or complaints about these Terms, please contact us:

MANOHARA LIMITED (trading as DesiWay) Company Registration Number (CRO): 797787 Incorporation Date: 18 September 2025

ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

END OF MASTER TERMS AND CONDITIONS