Terms of Service

Who These Terms Apply To

What We Are

• Technology Platform: We provide CRM software and digital tools for business management
• Lead Management System: We facilitate the collection, organization, and routing of customer inquiries
• Mediator/Facilitator: We connect users with third-party service providers including banks, NBFCs, and other partners
• SaaS Provider: We charge fees for access to our CRM platform and technology services

What We Are Not Responsible For

• Loan Approvals or Rejections: All lending decisions are made solely by banks/NBFCs at their absolute discretion
• Interest Rates, EMI, Processing Fees: These are determined and charged by the lending institution, not by us
• Insurance Premiums and Policies: Charged and managed by insurance providers
• Pincode Availability: Banks independently determine serviceable areas and may blacklist any pincode/area without notice
• Blacklisted Areas: We have no control over which areas banks designate as restricted or blacklisted
• Document Verification by Banks: Banks conduct their own verification and may reject applications at their discretion
• Disbursement Timelines: Loan disbursement timing is controlled entirely by the lending institution
• Third-Party Service Quality: We do not guarantee the performance of any bank, NBFC, CA, CS, or other service provider

Account Creation Requirements

To create an account and use our platform, you must:

• Complete the signup process with accurate, truthful, and complete information
• Verify your email address and mobile phone number
• Complete mandatory KYC verification (PAN and/or Aadhaar as required)
• Provide valid business registration documents if applicable (GST, Shop Act, etc.)
• Accept these Terms and all related policies
• Accept the digital agreement presented during signup

Account Security & Responsibility

You are solely and entirely responsible for:

• Maintaining absolute confidentiality of your login credentials
• All activities that occur under your account, whether authorized by you or not
• Immediately notifying us of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date at all times
• Any consequences arising from sharing your credentials with any third party

PART A: Refund Policy

Why This Policy Exists

Refunds are not processed under any circumstances once payment is credited. The reasons:

• Free Trial Available: We offer a lifetime free plan so you can fully evaluate our platform before upgrading. We encourage you to explore all features before making a payment decision.
• Service-Based Business: We provide CRM tools and platform access. Once activated, these services are delivered immediately and cannot be "returned."
• Instant Delivery: Services like CIBIL reports, KYC verification, and API calls are consumed instantly upon request.
• Third-Party Costs: We incur costs with our partners (credit bureaus, payment gateways, API providers) the moment you use any service.
• Independent Bank Decisions: Loan approvals and rejections are decisions made by banks/NBFCs, not by our platform.

Payment Processing: All payments are processed securely through RBI-authorized payment partners (Cashfree, Razorpay, etc.). Prices are in Indian Rupees (INR) and include applicable GST.

PART B: Understanding UPI Mandate

When you opt for installment payments or EMI-based subscriptions, you can authorize a UPI Mandate (UPI Autopay), eNACH, or Card Standing Instruction for convenient automatic payments from your linked bank account.

Mandate Authorization

The UPI Mandate is a standard recurring payment authorization recognized under:

• Indian Contract Act, 1872: Valid contract with mutual agreement
• Information Technology Act, 2000: Electronic consent is legally valid
• RBI Guidelines: Authorized recurring payment framework
• NPCI UPI Guidelines: Standard autopay authorization

PART C: Types of Mandates

We operate two categories of mandates based on service type:

Both mandate types follow the same payment schedule and terms. Please ensure timely payments to enjoy uninterrupted access to all platform features.

PART D: How Installment Plans Work

When subscribing via installment/EMI plan:

• Initial Payment: You pay an upfront amount to activate your subscription immediately.
• Remaining Balance: Collected via scheduled auto-debits through your authorized mandate.
• Debit Schedule: Daily, weekly, or monthly as per your selected plan.
• Debit Time: UPI Autopay debits typically occur around 6:00 AM IST.

PART E: Payment Processing

Our system uses smart retry logic to help ensure successful payments:

Common Payment Issues

To avoid payment failures, please check:

• Sufficient balance in your linked bank account
• Daily/monthly transaction limits are not exceeded
• UPI PIN is active and not expired
• Bank account is active (not frozen or dormant)
• Mandate is active in your bank/UPI app
• Mobile number is updated with your bank

PART F: Service Continuity & Access

To ensure uninterrupted access to your platform and services, timely payments are essential. Here's what happens with payment status:

PART G: Managing Your Mandate

Your UPI Mandate can be viewed in your bank app or UPI app (GPay, PhonePe, Paytm, etc.). Here's what you should know:

If You've Cancelled by Mistake

Accidental cancellations happen. Please contact our support immediately and we'll help you set up a new mandate to continue your services without disruption.

PART H: Platform Services vs Loan Outcomes

Please understand that:

• You pay for CRM access, lead management tools, and platform features
• Banks and NBFCs make independent lending decisions we cannot control
• Service delivery is complete when you access the CRM and tools
• Loan approvals, rejections, or delays are bank decisions
• File outcomes do not affect your platform service agreement

PART I: Platform Policies

VistarKriya Marketings Private Limited maintains the following policies to ensure fair service delivery:

Service Management

• We may temporarily limit access when payments are overdue
• We may pause lead distribution for accounts with outstanding dues
• We may adjust service features based on subscription status
• We provide notifications before any service limitations

Account Management

• Outstanding amounts may be recovered from wallet balances
• We may offset pending payouts against dues (with notification)
• We offer settlement options for accounts facing difficulties
• We work with users to find reasonable payment solutions

PART J: Account Limits

Depending on your subscription plan and account status, there may be limits on certain features such as B2C customer additions.

When Limits May Apply

• As part of specific subscription plans
• When payments are being processed or pending
• During account review periods
• As part of customized service arrangements

How Limits Work

• Limits apply to new additions only — existing data remains accessible
• Limits can be increased by upgrading your plan or clearing dues
• Good payment history typically results in higher limits
• Contact support to discuss limit adjustments

PART K: Payment Support & Solutions

Automatic Recovery

If a scheduled payment fails, our system may attempt recovery from available wallet balances to help maintain your service continuity.

Settlement Options

If you're facing difficulties with payments, we offer support options:

• Payment schedule adjustments (subject to approval)
• Wallet-based settlement options
• One-Time Settlement discussions for qualifying accounts
• Plan modifications to better suit your needs

PART L: Restoring Full Access

If your access has been limited due to payment issues, here's how to restore it:

Simple Steps

1. Contact our support team at hello@vistarkriya.com or 8383069259
2. Request your current account statement
3. Choose a payment method (UPI, Net Banking, Card, or Wallet)
4. Complete the payment
5. Access is typically restored within 24 hours of payment confirmation

Payment Options

• Direct payment of outstanding amount
• Wallet top-up to cover dues
• Settlement arrangement (if approved)
• New mandate setup for future payments

PART M: Legal Framework

The UPI Mandate and payment agreements are governed by applicable Indian laws. In case of persistent non-payment after multiple attempts at resolution:

Resolution Process

• We first attempt to resolve through direct communication
• Payment reminders and support outreach
• Settlement discussions if needed
• Legal remedies as a last resort if amicable resolution fails

Applicable Framework

• Indian Contract Act, 1872
• Information Technology Act, 2000
• Payment and Settlement Systems Act, 2007
• Arbitration as per Section 13 of these Terms

PART N: Payment Disputes

If you have concerns about any payment or charge, please follow our dispute resolution process:

Unauthorized Transactions: If you believe there's a genuinely unauthorized transaction (such as account compromise), contact us immediately at hello@vistarkriya.com. We take security seriously and will investigate promptly.

PART O: Payment Terms Acknowledgment

Recommendation: Before subscribing to any paid plan, we encourage you to fully explore our free plan to ensure our platform meets your needs. Our support team is always available to answer questions and help you choose the right plan for your business.

KYC Requirements

To use our platform, you must complete KYC verification by providing:

• PAN Card details for identity and tax verification
• Aadhaar details for identity verification via DigiLocker
• Business registration documents (GST, Shop Act, etc.) if applicable
• Bank account details for payment processing
• Any other documents as required for specific services

All documents requested are publicly available identity documents required for regulatory compliance and service delivery.

Lead Data Sharing Consent

By using our platform and submitting any lead or customer data, you expressly consent to the following:

• Lead data submitted through our platform will be shared with relevant banks, NBFCs, and third-party service providers for processing the specific service requested
• Customer information may be shared with our technology partners and API providers to facilitate service delivery
• We may use third-party services for lead routing, verification, and processing
• Data is shared only for the specific purpose for which the lead was submitted
• We do not sell personal data to unrelated third parties for marketing purposes

Platform's Right to Contact Lead Subjects & Customers

You expressly acknowledge and agree that VistarKriya Marketings Private Limited, its authorised personnel, agents, sub-processors, and technology partners shall have the unconditional right — but not the obligation — to contact any lead subject, borrower, applicant, customer, or end user whose data You submit, upload, or generate through the Platform (each a "Lead Subject") directly, through any mode of communication, including voice call, IVR, WhatsApp, RCS, SMS, email, in-app notification, or any other electronic or telephonic channel, for any of the following purposes:

• Processing, routing, fulfilling, or progressing any lead, application, service request, or transaction;
• Identity, KYC, document, income, or eligibility verification;
• Confirming the intent, consent, or authenticity of a submitted lead;
• Quality checks, audit, fraud prevention, and de-duplication;
• Service delivery, status updates, and transactional communication;
• Coordinating with banks, NBFCs, credit bureaus, or partners on the Lead Subject's request;
• Support, grievance handling, and feedback; and
• Recovery, clawback, or dispute resolution relating to the lead or transaction.

This right exists independently of, and in addition to, any communication the Tenant or any bank/NBFC/partner may separately undertake.

Data Protection Roles under DPDP Act, 2023

(a) Data Fiduciary — Platform Data: VistarKriya Marketings Private Limited is the Data Fiduciary under the Digital Personal Data Protection Act, 2023 for personal data collected directly from Tenants during registration, KYC verification, and account management — for identity verification, eligibility confirmation, regulatory compliance (including the Income Tax Act, 1961, the GST Acts, the Companies Act, 2013, and the Information Technology Act, 2000), fraud prevention, contractual performance, and legal protection. Such data is retained for as long as required by applicable law, and statutory retention obligations shall override any erasure request to the extent permitted by Section 17(2) of the DPDP Act, 2023.

(b) Data Processor — Tenant Customer Data: For personal data of Your customers, borrowers, lead subjects, and end users submitted through the Platform, You are the Data Fiduciary and VistarKriya Marketings Private Limited acts solely as a Data Processor on Your behalf and in accordance with these Terms. All obligations towards the data principal — valid consent, access and erasure requests, and grievances — rest exclusively with You. You shall indemnify VistarKriya Marketings Private Limited against any claim, penalty, or loss arising from Your failure to discharge Your Data Fiduciary obligations. Except that, with respect to de-identified, aggregated, and Derived Data that the Platform independently creates and owns under §16, the Platform acts as a Data Fiduciary in its own right.

(c) Breach Notification: Where Vistarkriya is the Data Fiduciary, it shall notify the Data Protection Board of India and affected Data Principals as required by the DPDP Act, 2023. Where You are the Data Fiduciary, Vistarkriya shall notify You without undue delay upon becoming aware of a breach, and You are solely responsible for notifying the Board and affected Data Principals; Vistarkriya shall provide reasonable cooperation.

Termination by You

You may request account closure through your account settings or by contacting support. Upon termination:

• All active subscriptions are immediately cancelled with no refund
• Wallet balance may be withdrawn subject to applicable fees, deductions, and verification
• You may request deletion of your data; the Platform will retain whatever is required by applicable law (tax, KYC, regulatory, and compliance obligations) and may retain records for legal protection, dispute resolution, and fraud prevention
• Any pending transactions or services will be forfeited

Termination by Us

We reserve the absolute right to suspend, restrict, or terminate your account immediately and without prior notice if:

• You violate any provision of these Terms
• You engage in or are suspected of fraudulent activities
• You submit false or fraudulent leads/documents
• You fail to pay for subscribed services
• Your account shows suspicious or unusual activity
• We receive legal or regulatory orders to do so
• We determine, in our sole discretion, that your continued use poses a risk
• For any other reason at our sole discretion

Exclusion of Liability

To the maximum extent permitted by applicable law, VISTARKRIYA MARKETINGS PRIVATE LIMITED and its directors, officers, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Any damages arising from loan rejections, bank decisions, or third-party actions
• Any damages arising from service interruptions, errors, or data loss
• Any damages arising from unauthorized access to your account
• Any damages exceeding the total fees paid by you in the 12 months preceding the claim

Governing Law

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

Dispute Resolution & Arbitration

(a) Good-Faith Negotiation: Any dispute shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days from written notice of the dispute.

(b) If unresolved, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended).

• (c) Number of Arbitrators: One (1), mutually appointed by the parties. If the parties cannot agree within fifteen (15) days, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996.
• (d) Seat and Venue: Dehradun, Uttarakhand, India.
• (e) Language: English or Hindi.
• (f) Arbitration Fees: To be borne by the losing party unless otherwise determined by the arbitrator.
• (g) The arbitrator's decision shall be final and binding.

Jurisdiction

Subject to the arbitration provision above, you irrevocably submit to the exclusive jurisdiction of the courts located in Dehradun, Uttarakhand for any legal proceedings arising out of or relating to these Terms. You waive any objection to such jurisdiction or venue.

Notices

All formal notices, demands, or communications required or permitted under these Terms shall be in writing and shall be deemed duly served:

• (a) If sent by email: upon delivery to the recipient's registered email address on the Platform, with delivery deemed complete 24 hours after sending;
• (b) If sent by registered post or speed post: upon actual delivery or 7 days after dispatch, whichever is earlier;
• (c) If sent via the Platform dashboard: upon posting to Your account notification centre, with delivery deemed immediate;
• (d) If sent by WhatsApp or SMS to Your registered mobile number: upon delivery confirmation or 24 hours after sending, whichever is earlier.

You are responsible for keeping Your email address, mobile number, and contact details current on the Platform. Notices sent to Your last registered contact details shall be deemed validly served regardless of whether You actually received them. VistarKriya Marketings Private Limited may serve legal notices, policy updates, and platform communications through any of the channels above; for formal legal proceedings, registered post or email with acknowledgment shall be the preferred mode.

Survival

The following Sections shall survive the expiration or termination of these Terms and Your account for any reason, and shall continue to bind You:

• §5 (Payment Terms, UPI Mandate & Refund Policy)
• §6 (Data Collection, KYC & Lead Sharing — including Platform Contact Rights and DPDP Roles)
• §9 (Intellectual Property Rights)
• §10 (Termination, including data retention)
• §11 (Disclaimers & Limitation of Liability)
• §12 (Indemnification)
• §13 (Dispute Resolution & Governing Law)
• §14 (Force Majeure)
• §15 (General Provisions, including this Survival clause)
• §16 (Ownership of Data, Lead Records & Derived Data)
• §17 (Confidentiality, Non-Circumvention, Anti-Disintermediation & Non-Solicitation)
• §18 (Commission Clawback & Payout Recovery)

Any accrued rights, obligations, or liabilities of either party prior to termination shall not be affected by termination.

Notice of Claim

You must notify us in writing of any claim or cause of action arising out of or relating to these Terms, the Platform, or the services within one (1) year from the date the cause of action arose. Failure to provide timely notice shall constitute an irrevocable waiver of such claim. This requirement does not curtail any limitation period prescribed by applicable law for the institution of legal proceedings.

Definitions

• "Tenant Customer Data" means the identifiable contact and application records of Your own customers and lead subjects that You submit to the Platform — namely their name, contact details, and the KYC / financial documents You upload.
• "Platform Data" means all other data generated, collected, or derived through operation of the Platform, including lead-routing records, scoring, status histories, analytics, logs, metadata, and performance metrics.
• "Derived Data" means any aggregated, statistical, de-identified, or anonymised data set created from any data on the Platform.

Licence to the Platform

You grant VistarKriya Marketings Private Limited a worldwide, royalty-free, sub-licensable, and transferable licence to host, store, process, copy, transmit, analyse, and use Tenant Customer Data:

• to operate, provide, and deliver the Platform and the services and leads You request;
• to route and share data with banks, NBFCs, bureaus, and partners as described in our Privacy Policy;
• to create and exploit Derived Data, and to improve, develop, train, and benchmark our products, models, and services; and
• to comply with law and to enforce these Terms.

The licence over Derived Data and any de-identified or aggregated data is perpetual and irrevocable, and survives termination, because such data cannot be unwound once created. The licence over identifiable Tenant Customer Data continues for as long as required by applicable law, compliance, legal protection, dispute resolution, and fraud prevention; data already processed, routed, shared with partners, or incorporated into logs and backups before termination cannot be recalled.

KYC and identity verification records are retained as evidentiary proof of identity, eligibility, authenticity, and consent — not as personal data subject to routine deletion. The Platform will comply with all applicable laws but reserves the right to retain such records for legal protection, dispute resolution, and fraud prevention purposes.

Confidential Information & Trade Secrets

In the course of using the Platform, You will access information that VistarKriya Marketings Private Limited treats as confidential and as its trade secrets ("Confidential Information"), including without limitation:

• The identity, composition, and contact points of the Platform Network (our panel of banks, NBFCs, lenders, bureaus, insurers, and professional and technology partners);
• Lead-routing and lead-distribution logic, scoring, eligibility rules, and matching algorithms;
• Commission grids, payout structures, pricing, margins, rate cards, and all commercial terms;
• Product roadmaps, dashboards, analytics, reports, and non-public features; and
• Any other information marked confidential or that a reasonable person would understand to be confidential.

You shall (a) keep all Confidential Information strictly confidential; (b) use it solely to use the Platform as permitted under these Terms; (c) not disclose, publish, reproduce, or transfer it to any third party; and (d) not use it to compete with, circumvent, or disintermediate VistarKriya Marketings Private Limited. These obligations survive termination and continue for so long as the information retains commercial value or qualifies for protection as a trade secret under applicable law.

Definitions

• "Protected Party" means any bank, NBFC, lender, credit bureau, insurer, aggregator, professional (CA / CS / tax / legal), API provider, or other partner that You were introduced to, became aware of, transacted with, or received leads or services through, by reason of Your use of the Platform.
• "Restricted Period" means the entire term of Your use of the Platform and a period of twenty-four (24) months following termination or cessation of Your account for any reason.

Your Covenant

During the Restricted Period, You shall not, whether directly or indirectly, alone or with or through any other person, entity, affiliate, employee, or related party:

• Establish, solicit, or pursue any direct origination, sourcing, DSA, referral, commercial, or commission arrangement with any Protected Party, for the same or similar category of business that You conducted through the Platform, so as to bypass, disintermediate, or circumvent Vistarkriya;
• Use, replicate, or exploit any knowledge of the Platform Network, our routing logic, commercial terms, pricing, payout structures, or partner contact points to deal with any Protected Party outside the Platform;
• Induce, encourage, or facilitate any Protected Party to reduce, divert, or cease business routed through the Platform; or
• Procure or assist any third party to do any of the above.

Nothing in this Section restricts a pre-existing, documented relationship that You can prove in writing existed independently of the Platform before Your registration.

Non-Solicitation

During Your use of the Platform and for a period of twenty-four (24) months following termination or cessation of Your account for any reason, You shall not, directly or indirectly:

• (a) Solicit, recruit, hire, engage, or attempt to solicit, recruit, hire, or engage any employee, contractor, consultant, or agent of VistarKriya Marketings Private Limited, whether or not such person would commit a breach of their employment or engagement terms by accepting such offer;
• (b) Induce or encourage any employee, contractor, or agent of VistarKriya Marketings Private Limited to leave their employment or engagement with the Company;
• (c) Solicit, poach, or entice any other tenant, subscriber, or registered user of the Platform to leave the Platform, move to a competing platform, or reduce their use of the Platform; or
• (d) Disparage, defame, or make false or misleading statements about VistarKriya Marketings Private Limited, its Platform, its services, its team, or its partners in any public forum, social media, review platform, or communication with any third party. Genuine reviews and factual feedback are not restricted.

This non-solicitation obligation is independent of and in addition to the non-circumvention covenant above, and breach of this Section shall also attract the liquidated damages and injunctive relief provisions stated below.

Triggering Events

Clawback applies, without limitation, where:

• A loan is cancelled, not availed, foreclosed, pre-closed, or repaid early within any clawback window applied by the lender;
• A loan turns delinquent, becomes a non-performing asset (NPA), or is found to be based on fraudulent, forged, manipulated, or misrepresented information;
• A disbursement, policy, or payment is reversed, refunded, or charged back;
• A lead is found to be fake, duplicate, manufactured, mis-sold, or in breach of these Terms; or
• Any partner adjusts, disputes, or recalls a commission for any reason.