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Terms of Service

Last updated: August 14, 2025

1. Agreement to Terms

By using our services (Services), you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.0 Acceptance of Terms

 

Welcome to Mystash. These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and Mystash Pvt Ltd ("Mystash", "we", "us", or "our"), concerning your access to and use of the Mystash platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Platform and you must discontinue use immediately. Your use of the Platform is also governed by our Privacy Policy, which is incorporated herein by reference.

 

2.0 Definitions

 

  • Platform: Refers to the websites, mobile applications, and other online services owned and operated by Mystash Pvt Ltd.
  • Service: Refers to the intermediary services provided by Mystash through the Platform, which connect Creators, Customers, and Brands.
  • User: Refers to any person or entity that accesses or uses the Platform, including Creators, Customers, and Brands.
  • Creator: A User who offers creative services, content, or collaborations through the Platform.
  • Customer: A User who purchases services or content from a Creator through the Platform.
  • Brand: A User, typically a commercial entity, that engages Creators for marketing campaigns, endorsements, or other promotional activities.
  • Content: Refers to any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform by Users.
  • Commission: The fee charged by Mystash to the Creator for facilitating a transaction on the Platform.

 

3.0 The Role of Mystash as an Intermediary

 

Mystash explicitly operates as an "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000 ("IT Act"). Additionally, it functions as a "marketplace e-commerce entity" as defined under the Consumer Protection (E-commerce) Rules, 2020 ("E-commerce Rules").

Consequently, Mystash claims the "safe harbour" protection from liability for any third-party information, data, or communication link made available or hosted on the Platform, as provided under Section 79 of the IT Act.

 

4.0 User Accounts, Eligibility, and Verification



4.1 Eligibility

 

To be eligible to create an account and use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

 

4.2 Account Responsibilities

 

You are responsible for providing accurate, current, and complete information during the registration process and for updating such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account password and for any and all activities that occur under your account. You agree to notify Mystash immediately of any unauthorized use of your account.

 

4.3 Partner Verification Process

 

The operational model of Mystash aims for a low-friction onboarding experience for its users. While the platform does not mandate the submission of government-issued identity documents for basic account registration and browsing (a process commonly known as "Know Your Customer" or KYC), it is imperative to establish a secure and compliant environment for financial transactions. The requirement to deduct Tax at Source (TDS) on commission payments necessitates the collection of a valid Permanent Account Number (PAN), which is a form of identity verification.

Therefore, a blanket "no KYC" policy is not operationally feasible or legally prudent. To balance user convenience with legal and financial risk management, the following policy is established:

All Users who wish to engage in financial transactions on the Platform—specifically, Creators intending to receive payments and Brands intending to fund campaigns—must complete a mandatory Partner Verification Process. This process is a prerequisite for activating payment functionalities and includes the submission of:

  1. A valid Permanent Account Number (PAN) for compliance with Indian taxation laws.
  2. Valid bank account details (account number and IFSC code) or a UPI ID for the settlement of funds.

Mystash reserves the right to request additional information or documentation at any time to verify a User's identity, prevent fraudulent activity, or ensure compliance with applicable laws and regulations. Failure to complete the Partner Verification Process will restrict the User's ability to participate in financial transactions on the Platform.

 

5.0 User Obligations and Code of Conduct



5.1 Due Diligence by Users

 

As a condition of using the Platform, you agree to observe due diligence and not to host, display, upload, modify, publish, transmit, store, update, or share any information or Content that falls into the categories prohibited by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This includes, but is not limited to, information which:

  • Belongs to another person and to which you do not have any right;
  • Is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • Is harmful to a child;
  • Infringes any patent, trademark, copyright, or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • Impersonates another person;
  • Contains a software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to another nation.

 

5.2 Consequences of Non-Compliance

 

Mystash is obligated to maintain a safe and lawful online environment. Any violation of the code of conduct outlined in Section 5.1 will be considered a material breach of these Terms. In the event of non-compliance, Mystash reserves the right, at its sole discretion and without prior notice, to immediately terminate your access or usage rights to the Platform and remove any non-compliant information or Content.

 

6.0 Specific Terms for Creators



6.1 Content Ownership and License

 

You, the Creator, retain full ownership of all intellectual property rights in the Content you create and post on the Platform. However, to enable us to operate the Service, you grant Mystash a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Mystash's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service.

 

6.2 Representations and Warranties

 

You represent and warrant that: (i) you are the sole and exclusive owner of all Content you make available through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Mystash the rights in such Content, as contemplated under these Terms; and (ii) neither the Content, your posting, uploading, publication, submission, or transmittal of the Content, nor Mystash's use of the Content (or any portion thereof) will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

6.3 Compliance with Advertising Standards

 

The integrity of the creator economy relies on transparency and ethical practices. The Advertising Standards Council of India (ASCI) has established clear guidelines to distinguish between organic content and paid advertisements, and the responsibility for compliance rests jointly with both the advertiser (Brand) and the endorser (Creator).

All Creators and Brands using the Platform for any form of promotional activity, advertisement, or paid collaboration acknowledge and agree to strictly comply with the latest version of the ASCI's "Guidelines for Influencer Advertising in Digital Media". All Content that results from a "material connection" (which includes monetary payment, free products, discounts, or any other incentive) must feature a clear, prominent, and upfront disclosure label (e.g., #ad, #sponsored, #collab, #partnership) that is not hidden or ambiguous.

Failure to comply with these ASCI guidelines constitutes a material breach of these Terms. Mystash reserves the right to remove the non-compliant Content and/or suspend or terminate the accounts of any User found to be in violation.

 

7.0 Specific Terms for Customers and Brands



7.1 For Customers

 

As a Customer, you agree to pay all applicable fees for the services you purchase from a Creator. All transactions are final, subject to any refund policies explicitly stated by the Creator or as required by applicable law. You agree not to engage in any fraudulent or abusive behaviour and to interact with Creators in a respectful and professional manner.

 

7.2 For Brands

 

As a Brand, you are responsible for the campaigns you create and the Creators you engage. You agree to make all payments promptly and to comply with all applicable laws and regulations, including but not limited to advertising, marketing, and consumer protection laws.

 

7.3 Disclaimers and Liability in Transactions

 

The Consumer Protection (E-commerce) Rules, 2020, have introduced the concept of "fallback liability", which could potentially hold a marketplace entity responsible for the defaults of a seller on its platform. This creates a complex legal landscape when read alongside the "safe harbour" provisions for intermediaries under Section 79 of the IT Act. To clarify the relationships on the Platform and reinforce our position as a neutral facilitator, the following terms apply:

Mystash's role is strictly that of a facilitator providing a neutral venue. Any transaction, agreement, or interaction conducted on the Platform is solely and directly between the participating Users (e.g., between a Customer and a Creator, or a Brand and a Creator). Mystash is not a party to any such agreements and expressly disclaims all liability related to the performance, quality, legality, or safety of the services offered by Creators or the conduct of any User. In line with the E-commerce Rules, all sellers (Creators and Brands) on the Platform must provide a binding undertaking that all descriptions, images, and other content pertaining to their goods or services are accurate and correspond directly with the appearance, nature, quality, and purpose of such good or service. Mystash does not verify or guarantee the truth or accuracy of any User's listings or Content.

 

8.0 Payments, Commissions, and Taxation



8.1 Fee Structure

 

Mystash charges a commission on each successful transaction facilitated through the Platform. The specific commission rate will be communicated to the Creator at the time of the transaction or as per a separate agreement. This commission is deducted from the total payment made by the Customer or Brand before the net amount is settled to the Creator.

 

8.2 Creator Payouts

 

  • Settlement: Subject to the successful reconciliation of transactions, commissions due to Creators shall be settled on a daily basis. For the purpose of this clause, "daily" refers to business days in India and explicitly excludes weekends and public bank holidays. Mystash shall not be held liable for any settlement delays caused by banking system failures, technical glitches, force majeure events, or delays attributable to payment gateways or partner banks.
  • Payment Method: Payouts will be processed via Unified Payments Interface (UPI) or National Electronic Funds Transfer (NEFT) to the verified bank account provided by the Creator during the Partner Verification Process. It is the Creator's responsibility to ensure that the provided account details are accurate and up-to-date.

 

8.3 Taxation (TDS)

 

  • TDS on Commission (Section 194H): In compliance with the Indian Income Tax Act, 1961, Mystash shall deduct Tax at Source (TDS) under Section 194H at the rates applicable from time to time on all commission payments made to Creators who are residents of India. Payouts will be processed only after the Creator has provided a valid PAN. In the absence of a valid PAN, TDS will be deducted at the higher rate prescribed by law (e.g., 20%).
  • Responsibility for TDS on Benefits (Section 194R): The Indian tax framework distinguishes between commission payments (covered by Section 194H) and non-monetary benefits or perquisites provided to professionals (covered by Section 194R). Brands on the Platform may provide Creators with products, services, or other perquisites as part of a collaboration. The legal obligation to comply with TDS requirements under Section 194R for such benefits rests with the entity providing the benefit. Brands are solely responsible for complying with Section 194R of the Income Tax Act, 1961, for any benefits or perquisites (whether in cash or in kind, exceeding the statutory threshold) provided to Creators through the Platform. The Brand is responsible for ensuring that the requisite TDS has been paid or deducted before the benefit is released to the Creator. Mystash's role is limited to that of a platform facilitator and it shall bear no responsibility or liability for TDS compliance under Section 194R for transactions between Brands and Creators.

 

9.0 Intellectual Property



9.1 Mystash IP

 

The Platform and its original content (excluding Content provided by Users), features, and functionality are and will remain the exclusive property of Mystash Pvt Ltd and its licensors. The Platform is protected by copyright, trademark, and other laws of India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mystash.

 

9.2 User Content

 

As detailed in Section 6.1, Users retain ownership of their Content. We respect the intellectual property rights of others.

 

9.3 IP Infringement

 

It is our policy to respond to notices of alleged intellectual property infringement. If you believe that your copyright, trademark, or other intellectual property rights have been infringed by a User of the Platform, please provide our Grievance Officer with a written notice containing the requisite information as prescribed by law. Upon receipt of a valid notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Platform.

 

10.0 Grievance Redressal and Content Takedown



10.1 Grievance Officer

 

We have established a robust grievance redressal mechanism in compliance with the IT Rules, 2021. If you have any complaints or grievances concerning the Platform, its Content, or another User's conduct, you may contact our designated Grievance Officer:

  • Name: Rishabh Thakur
  • Designation: Grievance Officer
  • Email: grievance.officer@mystash.co.in
  • Address: Mystash Pvt Ltd, B308, JP Nagar, Bangalore, Karnataka, India

The Grievance Officer will acknowledge your complaint within twenty-four (24) hours and will endeavor to resolve it within fifteen (15) days from the date of receipt.

 

10.2 Content Takedown

 

As an intermediary, we are obligated to comply with lawful orders for the removal of content. Upon receiving "actual knowledge" in the form of an order from a court of competent jurisdiction or a notification from the appropriate Government or its agency that any information, data, or communication link residing on or connected to our Platform is being used to commit an unlawful act, Mystash shall remove or disable access to such material. Such action will be taken expeditiously, and in any case, within thirty-six (36) hours of receiving such a legally valid order or notification.

 

11.0 Disclaimers and Limitation of Liability

 

The Platform is provided on an "as is" and "as available" basis. Mystash makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform.

To the fullest extent permissible by applicable law, Mystash disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mystash will not be liable for any damages of any kind arising from the use of the Platform, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Our liability shall, in any event, be limited to the amount of commission we have received in respect of the specific transaction that gave rise to the claim.

 

12.0 Indemnification

 

You agree to defend, indemnify, and hold harmless Mystash Pvt Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

 

13.0 Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

14.0 Governing Law and Dispute Resolution



14.1 Governing Law

 

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

 

14.2 Jurisdiction

 

You agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the competent courts located in Bangalore, Karnataka, India. You hereby consent to the exclusive jurisdiction and venue of such courts.

 

15.0 Miscellaneous

 

  • Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  • No Waiver: No waiver by Mystash of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  • Force Majeure: Mystash shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mystash's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Contact Information: For general queries about the Platform or these Terms, please contact us at support@mystash.co.in. For legal notices or service of process, please contact our Grievance Officer at the address provided in Section 10.1.