Himalayan Hub

Terms of Service

The agreement that governs your use of Himalayan Hub.

Himalayan Hub — Terms of Service

Effective Date: April 22, 2026 Last Updated: April 22, 2026 Document Version: 1.1

IMPORTANT: This agreement contains (i) a binding arbitration clause and class-action waiver in Section 29, from which you may opt out within 30 days of first acceptance by emailing legal@himalayanhub.co; (ii) disclaimers of warranties; and (iii) a limitation of liability. Please read carefully.

Plain-Language Summary (Non-Binding)

This section is a plain-language overview. The binding terms begin at Section 1.

  • What we are. Himalayan Hub is a community-sourced directory for discovering local businesses. We are not a marketplace or a party to any transaction between you and a business.
  • What you do. You can browse, sign in, list businesses, review them, claim a business you own, and create deals if we verify your claim.
  • Be honest. Don't post fake businesses, fake reviews, or claims to businesses you don't own.
  • Your content. You keep ownership of what you post. You give us permission to display it. You are responsible for the legality of what you post.
  • Deals. If you, as a verified owner, post a deal, you must honor it. Himalayan Hub is not responsible if you don't.
  • Disputes. If something goes wrong between us, we first try to resolve informally; some disputes may be subject to arbitration.

1. Acceptance of These Terms

1.1. These Terms of Service (the "Terms") constitute a binding legal agreement between you ("you", "your", or "User") and HimalayanHub, LLC ("we", "us", "our", or "Himalayan Hub").

1.2. You accept these Terms by (a) creating an account, (b) using the Service in Guest Mode, (c) submitting a claim, review, deal, business listing, redemption, or any other action that requires Service interaction, or (d) clicking an "I agree", "Sign in", or similarly-labeled control when these Terms are displayed or linked.

1.3. If you accept these Terms on behalf of a business, employer, or other legal entity, you represent that you have the authority to bind that entity, and "you" refers jointly to you and that entity.

1.4. If you do not agree to these Terms, you must not use the Service and must delete any account you have created.

1.5. These Terms incorporate by reference:

  • the Privacy Policy;
  • the Community & Content Guidelines in Appendix B; and
  • the Merchant / Owner Addendum in Appendix A, which applies if your business claim is approved.

1.6. Where a translated version of these Terms is provided as a convenience, the English version controls in case of conflict.

2. Eligibility

2.1. You must be at least:

  • 13 years of age if you reside in the United States;
  • 16 years of age if you reside in the European Economic Area, the United Kingdom, or Switzerland (unless a lower age has been adopted by your Member State);
  • 18 years of age if you reside in India (DPDP Act treats minors as under 18 for data-protection consent); and
  • the age of majority in your jurisdiction to enter into a binding contract for all other purposes.

2.2. You represent and warrant that (a) you are not prohibited from using the Service under the laws of any jurisdiction applicable to you, including sanctions or export-control laws; (b) you are not a person listed on the US Specially Designated Nationals list, the UK Sanctions List, the EU Consolidated List, or equivalent; and (c) you will not access the Service from an embargoed country.

2.3. If we learn that a user is below the applicable minimum age, we will disable the account and purge the associated Personal Data consistent with the Privacy Policy.

3. Accounts and Authentication

3.1. Methods. You may sign in via Google, Facebook, or Apple OAuth, or via email/password. Apple Sign-In is made available on iOS and cross-platform as required by applicable platform rules.

3.2. One account per person. You may maintain only one personal account. Duplicate or sock-puppet accounts are prohibited.

3.3. Accuracy. You must provide accurate and current information, including any name or avatar imported from your identity provider, and update your profile when that information changes materially.

3.4. Security. You are responsible for (a) maintaining the confidentiality of your credentials, (b) all activity occurring under your account, and (c) promptly notifying us at legal@himalayanhub.co of any unauthorized use.

3.5. Sharing prohibited. You must not share, transfer, or sell your account. Each account is personal and non-assignable.

3.6. Email verification. For email/password accounts, you must verify your email before signing in.

3.7. Revocation. If we detect abuse, fraud, or violation of these Terms, we may suspend, restrict, or terminate your account under Section 23.

4. Guest Mode

4.1. Guest Mode allows limited, read-only access without creating an account. In Guest Mode you cannot:

  • create a business listing;
  • submit a review, rating, or deal;
  • claim a business;
  • redeem a deal; or
  • send or receive push notifications tied to an account.

4.2. Guest Mode sessions are still subject to these Terms, the Privacy Policy, and all prohibitions in Section 18.

4.3. We may count an anonymous "entered guest mode" event for product measurement. No personal identifier is associated with Guest Mode.

5. Description of the Service; No Warranty on Business Data

5.1. What the Service is. Himalayan Hub is a community-sourced directory that allows any authenticated user to create listings for local businesses (initially emphasizing but not limited to the Nepalese community in Nepal and abroad). Users may search, view on a map, and engage with these listings.

5.2. What the Service is not.

  • It is not a marketplace, escrow service, payment processor, or transaction platform.
  • It is not a financial, legal, medical, or professional-services referral.
  • It is not a broker, agent, or fiduciary of any business listed.
  • Verified or claimed status is not an endorsement, accreditation, or certification by us of a business's quality, safety, lawfulness, or financial solvency.

5.3. Community-sourced data. Business listings may be created by users who are not the owner. Listings may contain errors, be outdated, or be duplicated despite our best efforts to prevent duplicates. We do not warrant accuracy, completeness, or current validity of any listing, hours, address, phone, email, website, image, or deal.

5.4. You deal at your own risk. Your interactions, transactions, and disputes with a listed business are solely between you and that business.

5.5. Evolving Service. Features, categories, user interface, notification behavior, retention, and supported platforms may change over time. We may add, modify, or remove features at our discretion.

6. License to User-Generated Content

6.1. Ownership. You retain all ownership rights in UGC you create or submit, subject to the license in this Section.

6.2. License grant. You hereby grant HimalayanHub, LLC a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, reproduce, modify (for format, size, and moderation purposes), create derivative works of (including cropping thumbnails), publicly display, publicly perform, and distribute your UGC, in any medium now existing or later developed, solely for the purposes of (a) operating, improving, and promoting the Service; (b) enforcement of these Terms and applicable law; (c) moderation and safety; and (d) compliance with legal process.

6.3. Duration. The license is perpetual to the extent necessary to (a) maintain the integrity of existing backups and moderation records and (b) allow other users to continue to see content posted before your deletion (for example, a review of a business may remain legible to other users in its anonymized form after you delete your account, as permitted by the data retention terms in the Privacy Policy §14).

6.4. Sublicense chain. You acknowledge that the license extends to our service providers and sub-processors to the extent necessary to deliver the Service.

6.5. Moral rights. To the extent permitted by applicable law, you waive, and agree not to assert, moral rights and similar rights of attribution and integrity in your UGC against us and our sublicensees. In jurisdictions where such waiver is not permitted, you grant a perpetual license to exercise those rights.

6.6. Warranties by you. You represent and warrant that (a) you own or have secured all rights necessary to grant the above license; (b) your UGC does not infringe or misappropriate any third-party intellectual-property, privacy, publicity, or other rights; (c) any person depicted in imagery has consented to the depiction and its intended use; and (d) the UGC is not defamatory, unlawful, or otherwise in breach of Section 7.

6.7. Feedback. Any suggestions, bug reports, or feature ideas you provide may be used by us without restriction and without compensation.

6.8. No AI training use. Consistent with the Privacy Policy §22, we do not use your UGC to train generative AI models without a further, explicit opt-in from you.

7. Content Rules

7.1. Prohibited content. You must not submit, post, or transmit UGC that:

(a) is unlawful, obscene, defamatory, libelous, threatening, harassing, abusive, stalking, tortious, or invasive of privacy or publicity rights; (b) depicts or promotes child sexual abuse material (CSAM); we report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and/or equivalent authorities; (c) incites violence, genocide, or hatred against a person or group on the basis of ethnicity, national origin, religion, caste, disability, sexual orientation, gender identity, or other protected characteristic — noting specifically that the Service is designed to be ethnically inclusive and that targeting users or businesses on ethnic grounds (Nepalese or otherwise) is a material breach; (d) discloses another person's private information (doxxing); (e) infringes any copyright, trademark, trade secret, patent, or right of publicity; (f) contains malware, keyloggers, worms, Trojan horses, or any other malicious code; (g) advertises illegal goods or services (narcotics, unlicensed firearms, counterfeit goods, prostitution where unlawful, human trafficking, etc.); (h) is obtained by scraping, automated harvesting, or any technical measure designed to bypass rate limits or access controls; (i) is intentionally false, misleading, or manipulative, including astroturfed reviews, paid-for-rating schemes, review brigading, fake deals, or impersonation of a business or its representative; (j) constitutes unsolicited commercial messaging to other users via review text, deal text, or business descriptions; (k) promotes self-harm, suicide, or eating disorders in a manner likely to cause harm; or (l) violates any applicable law of any jurisdiction where your use of the Service is received.

7.2. Moderation discretion. We may, but are not required to, review, remove, edit, blur, hide, flag, redact, restrict visibility of, or refuse to display UGC that we reasonably believe violates these Terms, the Community Guidelines in Appendix B, applicable law, or the rights of a third party. Decisions may be made by human reviewers, automated tools, or a combination thereof.

7.3. No obligation to host. We reserve the right to remove any UGC for any reason or no reason, consistent with applicable law.

7.4. Notification. Where practicable and legally permitted, we will notify you of content removal via in-app notification.

8. Business Listings

8.1. Who may list. Any authenticated user may create a business listing. You do not need to be the business owner to list a business, consistent with the community-sourced model. By listing a business, you warrant that the business exists as described at a real-world location.

8.2. Required accuracy. Listings must be truthful, must use a real address verifiable via our in-app address tools, and must use the correct category. Geographic coordinates provided by those tools must correspond to the address.

8.3. Uniqueness. Duplicate listings for the same real-world business are prohibited. Duplicate listings may be merged or deleted by us.

8.4. Sensitive categories. Certain categories (for example, regulated financial services, alcohol, firearms, cannabis) may be subject to additional review or prohibition in some jurisdictions. We may refuse or remove listings that cannot be lawfully directed to users in the listing's declared country.

8.5. Images. Images uploaded to listings must (a) depict the actual business, (b) be owned by you or used with permission, and (c) comply with Section 7. We may impose file-size and format limits.

8.6. Third-party contact information. If the listing includes a business's public phone number, email, or website, you warrant that publishing those details is lawful in your and the business's jurisdiction.

8.7. No professional advice. You must not use listings, descriptions, or reviews to provide medical, legal, financial, tax, investment, or similar professional advice, or to operate a regulated service.

9. Business Claiming

9.1. Who may claim. Only a person with a bona fide ownership, franchise, or management authority over a business may submit a claim.

9.2. Process. You submit a claim and a proof document demonstrating your authority (for example, a government-issued business registration, utility bill in the business's name, or written authorization from the registered owner). Redact information not needed to prove ownership.

9.3. Approval is discretionary. Claim approval is at our sole discretion. Once approved, you are marked as a verified owner of the business.

9.4. Rejection. A claim may be rejected. You may re-submit with additional evidence.

9.5. False claims. Submitting a false or fraudulent claim is a material breach, may result in permanent ban, and may lead to civil and criminal liability. We may share claim-fraud evidence with law enforcement and affected businesses.

9.6. Ownership disputes. If multiple claimants assert ownership of the same business, we may refuse all claims, freeze the listing, or require court-issued evidence before proceeding. We are not a substitute for a court of competent jurisdiction in resolving ownership disputes.

9.7. Effect of approval. Once approved, you become the Business Owner and are bound by the Merchant / Owner Addendum (Appendix A) in addition to these Terms.

9.8. Effect of account deletion on ownership. If you delete your account while owning a claimed business, your owner association is removed. The business listing itself remains but reverts to an unclaimed/unverified state for operational purposes. If you want the business listing fully removed, delete it before deleting your account.

10. Reviews and Ratings

10.1. One review per business. You may submit only one review per business. You may edit or delete your review.

10.2. Owner self-review prohibited. You may not review a business that you own. Circumvention via a second account or via another person acting on your instruction is a breach of these Terms.

10.3. Honest first-hand experience. Reviews must reflect your genuine, first-hand experience with the business. Prohibited review behaviors include (without limitation):

  • paid-for reviews (positive or negative) not disclosed as such in conformance with FTC Endorsement Guides;
  • reviews left by employees, contractors, owners, relatives, or competitors without clear disclosure;
  • review trading ("you review mine, I'll review yours");
  • retaliatory reviews not grounded in actual patronage; and
  • reviews copied from other platforms.

10.4. Anonymous reviews. You may mark a review as anonymous. Your reviewer identity will be suppressed in the rendered user interface; however, your author reference is retained for deduplication, moderation, and your own editing/deletion rights. See Privacy Policy §7.2.

10.5. Defamation and false statements. False statements of fact that harm a business's reputation may constitute defamation. You are solely responsible for the legality of your statements.

10.6. Owner response. At this time, business owners do not have an in-product review-response feature. If we add such a feature, these Terms will apply.

10.7. Removal requests. We will consider takedown requests from businesses that assert defamation, disclosure of protected information, or violation of these Terms. We will not remove reviews merely because they are negative.

11. Deals and Coupons (Merchant Terms)

11.1. Who can create. Only verified Business Owners may create deals.

11.2. Deal types. Percentage off, fixed-amount off, BOGO (buy-one-get-one), free item, or custom. Limits include per-user, total redemptions, and optional expiry.

11.3. Accuracy. Deal titles, descriptions, values, limits, and terms must be accurate and non-misleading at the time of publication and for the duration they remain active.

11.4. Consumer-protection compliance. You (as Owner) are solely responsible for ensuring the deal complies with applicable consumer-protection, advertising, tax, anti-discrimination, and promotions laws, including without limitation:

  • the US FTC Act, FTC Endorsement Guides, and any state-level deceptive-practices laws;
  • the UK Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015;
  • EU Directive 2005/29/EC (Unfair Commercial Practices), Directive 2011/83/EU (Consumer Rights), and Member-State implementations;
  • India's Consumer Protection Act, 2019, Consumer Protection (E-Commerce) Rules, 2020, and Consumer Protection (Direct Selling) Rules, 2021; and
  • Nepal's Consumer Protection Act, 2075 (2018).

11.5. Honor the deal. You agree to honor every validly presented Redemption Code during its validity window and within the deal's stated limits.

11.6. Changes and terminations. You may deactivate a deal at any time for new redemptions; previously-issued but unredeemed codes within their validity window must still be honored unless doing so would be unlawful.

11.7. Himalayan Hub is not responsible. We are not a party to the deal. We do not guarantee that a deal will be available, honored, or free from error. Your sole recourse for a merchant's failure to honor is against that merchant.

11.8. No kickbacks. We do not currently charge for deal listings. We may introduce fees or promotional tiers in the future with advance notice.

12. Redemption Codes

12.1. How it works. A user requests a Redemption Code for an active deal. The code has a short validity window and is single-use. The Business Owner validates the code at the point of sale to record the redemption.

12.2. Request, not contract. Code generation is a request to redeem; the Owner's honoring of the deal at the point of sale constitutes acceptance. Until the Owner records the redemption, no contract is formed through the Service.

12.3. Single-use, expiring codes. Each code can be redeemed once. Expired codes cannot be redeemed; you may generate a new code subject to the per-user limit.

12.4. Merchant honesty. Owners must validate codes honestly and must not record a redemption without providing the promised value to the user. Honest validation is a material obligation.

12.5. User honesty. Users must not share an unredeemed code with another person, attempt to reuse a code beyond its validity window, or misrepresent identity to obtain a redemption.

12.6. Disputes at the counter. If the Owner refuses to honor a valid code, your first recourse is conversation with the Owner. Persistent issues may be reported to legal@himalayanhub.co and may result in loss of verified status for the Owner.

13. Referrals

13.1. Code issuance. On account creation, we generate a referral code for your account.

13.2. Using a code. A new user may enter a referral code during sign-up; we record the linkage between you and the referring account.

13.3. Fraud rules. You must not:

  • self-refer using multiple accounts or devices;
  • use bots or automated tools to sign up fake referees;
  • exchange codes in public listings or mass spam;
  • incentivize referees in ways that violate these Terms or applicable law; or
  • misrepresent the Service to prospective referees.

13.4. Rewards (if any). The referral program may offer rewards as published in the app at the time of referral and subject to separate program rules. We may revoke rewards, void referrals, or disqualify accounts if we reasonably believe fraud or abuse has occurred.

13.5. Discontinuation. The referral program may be modified or discontinued at any time with reasonable notice; existing earned rewards will be honored per applicable law.

14. Intellectual Property

14.1. Our rights. The Service, including its software, design, graphics, icons, arrangement, copy text, and the "Himalayan Hub" name and logos (the "Marks"), is owned by HimalayanHub, LLC or its licensors and is protected by copyright, trademark, and other laws.

14.2. Limited license to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service for your personal, non-commercial use (or, in the case of Business Owners, to use the Owner features for your own business).

14.3. Restrictions. You must not: (a) reverse-engineer, decompile, or disassemble the Service except as permitted by applicable law; (b) remove proprietary notices; (c) use the Marks without our prior written consent; (d) create a competing service using data harvested from the Service; or (e) build a scraper, crawler, or aggregator that violates Section 18.

14.4. Third-party components. The Service incorporates open-source software; a list is available on written request to legal@himalayanhub.co. Each such component is licensed under its own terms.

15. DMCA Copyright Complaints (United States)

15.1. If you are a US copyright owner (or authorized agent) and believe that material on the Service infringes your copyright, send a written notice to our Designated Agent that contains all elements required by 17 U.S.C. §512(c)(3), including:

(a) a physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material, with enough information to locate it; (d) your contact information; (e) a good-faith statement that use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.

15.2. Designated Agent.

15.3. Counter-notification. If your content is removed and you believe the removal was mistaken, you may send a counter-notification per 17 U.S.C. §512(g).

15.4. Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

15.5. False claims. Knowingly material misrepresentations in a notice or counter-notification may result in liability under 17 U.S.C. §512(f).

16. Other Intellectual-Property Complaints (EU / UK / India / Nepal / Rest of World)

16.1. Rights holders in other jurisdictions may send equivalent notices to legal@himalayanhub.co. Notices should include equivalent information to that specified in Section 15.1 and cite the statutory basis (for example, the EU Digital Services Act Article 16 notice form; UK Copyright, Designs and Patents Act 1988; India's Copyright Act, 1957 and Information Technology (Intermediary Guidelines) Rules, 2021; Nepal's Copyright Act, 2059 (2002)).

16.2. We will act expeditiously on valid notices and, where appropriate, notify the affected user via in-app notification and the email on file.

16.3. Trusted flagger program. Under the EU Digital Services Act, certified trusted flaggers' notices will be prioritized.

17. Defamation, Trademark, and Review-Removal Requests

17.1. We provide a specific channel for business owners to request review removal at legal@himalayanhub.co.

17.2. We will consider removal where:

  • the review contains false statements of fact that are defamatory under the governing law;
  • the review discloses genuinely private information (for example, a customer's medical condition);
  • the review was plainly not written based on a real interaction; or
  • the review violates Section 7 in another material way.

17.3. We will not generally remove reviews solely because they are negative, unflattering, critical, or reputationally inconvenient.

17.4. We may require a sworn statement, court order, or cease-and-desist letter before removing content that the author asserts is true.

18. Prohibited Uses

You must not:

(a) use the Service in violation of any law; (b) attempt to gain unauthorized access to any account, system, or network, or probe for vulnerabilities without prior written authorization (responsible-disclosure channel: legal@himalayanhub.co); (c) bypass or attempt to bypass our security, access-control, moderation, rate-limit, or eligibility controls; (d) scrape, crawl, spider, mirror, or otherwise extract the Service's data at a rate inconsistent with a reasonable individual user; (e) use automation (bots, headless browsers, etc.) to create accounts, post UGC, view businesses, or generate redemption codes; (f) resell, republish, or sublicense data obtained through the Service; (g) reverse engineer, decompile, or disassemble the client app except as expressly permitted by applicable law; (h) interfere with, disrupt, or overload the Service, our infrastructure, or our sub-processors; (i) send commercial, political, charitable, or bulk messages to other users via UGC; (j) create, upload, or distribute malware; (k) harass, threaten, or impersonate another person or business; (l) exploit the deal system, including redemption-code screenshotting, code resharing, or collusion; (m) use the Service to store, distribute, or transmit unlawful content; (n) use any meta-tag or hidden text containing our Marks without permission; (o) download or export map data for use outside the Service, beyond what third-party map terms permit.

Violations may result in content removal, suspension, termination, loss of verified status, legal action, and reporting to law enforcement.

19. Notifications and Communications

19.1. Transactional emails. By creating an account, you agree to receive transactional emails (account creation, password reset, claim status, material policy updates, account-security alerts). You cannot opt out of transactional emails while maintaining an account.

19.2. Push notifications. Push notifications are opt-in at the operating-system level. You may revoke at any time. See Privacy Policy §9.

19.3. Marketing communications. Separate opt-in is required for marketing emails. Unsubscribe links are included in every marketing email.

19.4. Service messages. In-app notifications are used for claim status, review alerts, proximity alerts, and policy changes.

19.5. SMS / text messages. We do not currently send SMS. If we introduce SMS, a separate opt-in will apply.

20. Payments and Fees

20.1. The Service is currently free of charge to users and Business Owners.

20.2. We may introduce paid features, premium listings, deal-promotion fees, or other monetization in the future. If we do, we will (a) give at least 30 days' advance notice, (b) clearly label paid features, and (c) publish a separate Billing Addendum to these Terms.

20.3. Taxes associated with any future fee are your responsibility unless we expressly state otherwise.

21. Third-Party Services and Terms

21.1. Google Maps / Places. The Service's map features are powered by Google Maps Platform. Your use of the map is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

21.2. Identity providers. Google, Meta (Facebook), and Apple have their own terms and privacy policies governing the OAuth flow.

21.3. Platform and infrastructure providers. The Service relies on third-party cloud infrastructure, push-delivery services, and analytics providers, each subject to its own terms. A current list of sub-processors is maintained in the Privacy Policy §12.

21.4. No endorsement. Mention of a third party is not an endorsement.

22. Content Moderation and Enforcement

22.1. We may, at our discretion, moderate content via automated tools, human reviewers, or a combination.

22.2. Actions we may take include: warning, content removal, shadow-hiding, verification revocation, temporary suspension, permanent ban, rate limiting, and referral to law enforcement.

22.3. Appeals. You may appeal a moderation decision by emailing legal@himalayanhub.co within 30 days. We aim to respond within 14 days.

22.4. Preservation. When a legal dispute is pending, we may preserve relevant data notwithstanding deletion requests, for the duration required and under a legitimate-interests legal basis (Privacy Policy §5).

22.5. Transparency. We may publish aggregate moderation statistics and law-enforcement-request statistics at https://himalayanhub.co/privacy.

23. Suspension and Termination

23.1. By you. You may stop using the Service at any time. To delete your account, use Profile → Settings → Delete Account within the app. The effects of deletion are described in the Privacy Policy §14.4 and include:

  • uploaded images attributable to you are removed;
  • your account is closed and your profile is removed;
  • deals you created are removed with your account;
  • redemption records are retained without your identifier;
  • businesses you owned remain in the directory but without your owner association;
  • referral linkages from accounts you referred are detached.

23.2. By us for cause. We may suspend or terminate your account, with or without notice, if you (a) materially breach these Terms; (b) engage in fraud, deception, or abuse; (c) create a risk to us or other users; (d) act unlawfully in your use of the Service; or (e) become the subject of a sanctions designation or court order.

23.3. By us without cause. We may terminate or discontinue the Service or your access for any reason or no reason with at least 30 days' notice, except where immediate termination is necessary to prevent harm.

23.4. Survival. Sections 5.2, 6 (to the extent necessary for existing UGC already disseminated), 7, 14, 15–17, 22.4, 24, 25, 26, 27, 28, 29, 33, and any provision that by its nature survives, will survive termination.

24. Indemnification

24.1. You agree to defend, indemnify, and hold harmless HimalayanHub, LLC, its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) your UGC; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) any business listing you create or claim, and any transaction or interaction arising from it; (e) any deal you post or redeem; and (f) your misrepresentation in a claim or review.

24.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense.

24.3. Nothing in this Section limits any right of indemnification or contribution we may have at law or equity.

25. Disclaimers

25.1. AS IS. THE SERVICE AND ALL CONTENT ACCESSIBLE THROUGH IT (INCLUDING UGC, BUSINESS LISTINGS, REVIEWS, DEALS, AND REDEMPTION CODES) ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

25.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

25.3. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES, OR FREE OF ANY INACCURACY.

25.4. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, LAWFULNESS, OR QUALITY OF ANY BUSINESS LISTING, REVIEW, DEAL, OR OTHER UGC.

25.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED.

25.6. Consumer-law carve-out. Some jurisdictions do not allow the exclusion of certain warranties; the above disclaimers apply to you to the fullest extent permitted by law. You may have non-waivable statutory rights under consumer-protection laws.

26. Limitation of Liability

26.1. Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HIMALAYANHUB, LLC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26.2. Cap on direct damages. OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED US DOLLARS (US $100).

26.3. Basis of the bargain. The limitations in this Section are an essential element of the agreement between you and us; we would not provide the Service on an otherwise reasonable basis without them.

26.4. Carve-outs. The limitations in this Section do not apply to (a) gross negligence or willful misconduct; (b) death or personal injury caused by our negligence (to the extent the applicable jurisdiction disallows such limitation, including the UK Unfair Contract Terms Act 1977 and Consumer Rights Act 2015, California Civil Code §1668, EU Member-State equivalents); (c) fraud or fraudulent misrepresentation; or (d) any liability that cannot lawfully be limited.

26.5. Consumer-law carve-out. Nothing in this Section limits non-waivable statutory liabilities you may have against us in your capacity as a consumer.

27. Consumer-Rights Carve-Outs

27.1. Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or liability that cannot be lawfully excluded, restricted, or modified under:

  • the EU Consumer Rights Directive (2011/83/EU), the Unfair Terms Directive (93/13/EEC), and Member-State implementations;
  • the UK Consumer Rights Act 2015 and Unfair Contract Terms Act 1977;
  • the US Magnuson–Moss Warranty Act and state consumer-protection statutes (e.g., California Consumers Legal Remedies Act);
  • India's Consumer Protection Act, 2019 and E-Commerce Rules, 2020;
  • Nepal's Consumer Protection Act, 2075;
  • Australia's Consumer Law (ACL) under Schedule 2 of the Competition and Consumer Act 2010; or
  • any other mandatory consumer-protection regime applicable to your use.

27.2. If any provision of these Terms would otherwise be ineffective under such a regime, that provision is modified only to the extent necessary to be effective; the remainder of the provision, and of these Terms, continues in force.

28. Governing Law and Venue

28.1. Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of Delaware, United States, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

28.2. Venue. Subject to Section 29, the exclusive jurisdiction and venue for any action permitted under Section 29 is the state and federal courts located in Delaware, United States, and you consent to personal jurisdiction there.

28.3. Mandatory consumer forums. If you are a consumer and applicable law grants you the right to bring a claim in the courts of your habitual residence, nothing in this Section removes that right.

29. Dispute Resolution; Arbitration; Class-Action Waiver

Read this Section carefully. It affects your legal rights.

29.1. Informal negotiation first. Before initiating any formal proceeding, you and we agree to try to resolve the dispute informally for at least 30 days after written notice. Send notice to legal@himalayanhub.co.

29.2. Mediation. If informal negotiation fails, either party may propose mediation under the AAA Commercial Arbitration Rules at Delaware, USA. Mediation is voluntary unless required by law.

29.3. Binding arbitration. Except as stated in Section 29.5, any unresolved dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under the administrator's rules then in effect. The seat of arbitration is Delaware, USA. The language is English. A single arbitrator will decide the dispute. Judgment on the award may be entered in any court of competent jurisdiction.

29.4. Class-action and jury waiver. To the extent permitted by law, you and we each waive the right to (a) participate as plaintiff or class member in any class, collective, consolidated, or representative action; and (b) a trial by jury. Arbitration will proceed on an individual basis only.

29.5. Exceptions. Notwithstanding the above, either party may (a) bring an individual claim in small-claims court for disputes that qualify; (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent IP infringement or unauthorized access; and (c) pursue any non-waivable statutory right in the applicable forum.

29.6. Opt-out. You may opt out of the arbitration and class-waiver provisions of this Section by emailing legal@himalayanhub.co with subject "ARBITRATION OPT-OUT" within 30 days after you first accept these Terms. The opt-out email must include your full name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

29.7. Severability of arbitration clause. If the class-waiver is found unenforceable as to a particular claim, that claim only will be decided in court (but the rest of this Section continues to apply to other claims).

29.8. EU, UK, India, Nepal consumers. If you are a consumer in the EU, UK, India, or Nepal, statutory consumer-dispute-resolution regimes (including the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/ and India's National Consumer Disputes Redressal Commission) are available in addition to, and override to the extent required by law, the arbitration clause.

30. Force Majeure

30.1. We are not liable for delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, earthquake, flood, fire, pandemic, war, civil unrest, labor action, embargo, government action, internet backbone outage, failures of a third-party service provider, power failure, or cyberattack (including DDoS).

31. Changes to These Terms

31.1. We may revise these Terms from time to time. The "Last Updated" date reflects the most recent version.

31.2. Material changes. Material changes (including changes to dispute resolution, fees, or your licenses) will be communicated by at least one of: in-app notification, email to the address on file, or a banner on the login screen, at least 30 days in advance. During the 30-day period, you may reject the changes by deleting your account; continued use after the effective date constitutes acceptance.

31.3. Non-material changes. Typographical, clarifying, or reference-only changes may take effect immediately with a "Last Updated" revision.

31.4. Historical versions. Prior versions available on request at legal@himalayanhub.co.

32. Export Control and Sanctions

32.1. The Service may be subject to US Export Administration Regulations (EAR), EU Dual-Use Regulation (2021/821), UK Export Control Order 2008, and other export laws.

32.2. You must not access, use, export, re-export, transfer, or make available the Service (a) to any country or region subject to comprehensive US, UK, EU, or UN sanctions; (b) to any party on a government restricted-party list; or (c) for any prohibited end-use (including WMD-related activity).

32.3. You represent that your use complies with applicable sanctions and export-control laws.

33. General Provisions

33.1. Severability. If any provision is held unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

33.2. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

33.3. Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law, without restriction.

33.4. Entire agreement. These Terms, the Privacy Policy, any Addendum (including the Merchant / Owner Addendum), and the Community Guidelines are the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous understandings.

33.5. Relationship of the parties. No agency, partnership, joint venture, employment, or franchise relationship is created.

33.6. Headings; construction. Headings are for convenience only. "Including" means "including without limitation". References to statutes include any successor legislation.

33.7. Conflict. If these Terms conflict with an Addendum that you have separately accepted (for example, the Merchant / Owner Addendum), the Addendum controls for the subject matter it addresses.

33.8. Contracting language. The English version of these Terms is the controlling version.

34. Notices

34.1. Notices to you. We may deliver notices to you by in-app notification, email to your account email, push notification, or posting on the Service. For legal notices (for example, material changes, arbitration opt-out confirmations), email is the primary channel.

34.2. Notices to us. Legal notices to us must be sent to:

Notices by email are effective on transmission; by post, on the third business day after mailing by a recognized courier.

35. Beta and Experimental Features

35.1. From time to time, we may label features as "beta", "experimental", "preview", or similar. Such features are provided AS IS, may have bugs, and may be modified or discontinued without notice. The warranty disclaimers and liability limits in Sections 25 and 26 apply with particular force to such features.

35.2. Data collected through beta features may be used for debugging and improvement subject to the Privacy Policy.

36. App Store Specific Terms

36.1. Apple App Store (required by Apple App Store Review Guidelines and the Apple Licensed Application End User License Agreement). You acknowledge that (a) these Terms are between you and HimalayanHub, LLC, not with Apple, and Apple is not responsible for the Service or its content; (b) the Service is licensed, not sold, to you under these Terms, and the license is non-transferable; (c) Apple has no obligation to furnish maintenance or support; (d) if the Service fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); Apple will have no other warranty obligation; (e) Apple is not responsible for addressing any claims relating to the Service or your use of it, including product-liability, consumer-protection, or IP claims; (f) in the event of a third-party IP claim, HimalayanHub, LLC (not Apple) is solely responsible; (g) you represent you are not in a country subject to US embargo or on any US government restricted-party list; and (h) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

36.2. Google Play. Your use of the Android app is additionally governed by the Google Play Terms of Service. You acknowledge that Google is not responsible for the Service and is not a party to these Terms.

36.3. Device-store refunds. Refund requests for any future paid features follow the applicable store's refund policy; we have no direct control over store-level refunds.

37. Contact

Appendix A — Merchant / Owner Addendum

This Addendum applies to any user whose business claim has been approved and whose account is therefore marked as the verified owner of the business. It supplements, and in case of conflict controls over, the main Terms for the subject matter it addresses.

A.1. Verified Status

A.1.1. Verified status is granted at our discretion after review of your claim and supporting proof. It is not a certification of business quality, regulatory compliance, or safety.

A.1.2. Verified status may be revoked for (a) false claim information; (b) breach of this Addendum or the main Terms; (c) repeated consumer complaints; (d) unfulfilled deals; or (e) loss of legal authority over the business.

A.2. Your Representations

You represent and warrant that:

(a) the business you have claimed exists as a going concern, is operated by you or under your authority, and holds all licenses and permits required by law; (b) you are authorized to bind the business to these Terms; (c) all deal terms, business descriptions, images, and contact information published by you are accurate and not misleading; (d) you have the right to use any images, logos, or trademarks posted on the business listing; (e) you will comply with all laws applicable to your business, including consumer-protection, advertising, tax, employment, anti-discrimination, data-protection, and food-safety laws as applicable.

A.3. Honoring Deals

A.3.1. You will honor every validly presented Redemption Code during its validity window, within the deal's published limits.

A.3.2. You will not knowingly record a redemption without providing the promised value.

A.3.3. You must not refuse a valid code on discriminatory grounds.

A.3.4. If you cannot honor a deal due to supply, closure, or force majeure, you will deactivate the deal promptly and, where you can, contact affected users who already generated codes.

A.4. Review Responses and Non-Retaliation

A.4.1. You must not retaliate against a user for posting a review (for example, by refusing service, harassment, or coordinating a defamation campaign).

A.4.2. You must not create, procure, incentivize, or coerce fake reviews for your business or against a competitor.

A.5. Owner-Provided Data; Privacy Obligations

A.5.1. If you publish employee, contractor, or third-party contact data on your business listing, you must have a lawful basis under applicable data-protection law.

A.5.2. You are the controller of personal data you provide to users via your business's contact channels (phone, email). When users contact you using listed information, you are responsible for handling their data in accordance with applicable law.

A.5.3. You will cooperate in responding to data-subject requests that implicate your business (for example, a user requests correction of a listing about them that you have published).

A.6. Tax Responsibility

A.6.1. You are solely responsible for (a) calculating, collecting, and remitting any tax arising from transactions with your customers (sales tax, VAT, GST, service tax, etc.); (b) providing receipts or invoices where required; and (c) any income-tax consequences of your deals.

A.7. FTC / Advertising Disclosure

A.7.1. If your deal involves an endorsement, sponsored post, or influencer arrangement, you must make disclosures as required by the FTC Endorsement Guides (US) and equivalent rules in other jurisdictions.

A.7.2. If your deal is subject to the Indian Consumer Protection (E-Commerce) Rules, 2020 or similar disclosure regimes, you will comply.

A.8. Indemnification by Owner

A.8.1. In addition to Section 24 of the main Terms, you indemnify us specifically for claims by your customers arising from the business listing, any deal, or any interaction traceable to the verified listing.

A.9. Termination of Verified Status

A.9.1. On termination of your verified status, your verified-owner association may be removed by an administrator. Existing deals may be deactivated; previously-issued redemption codes within their validity window continue to be your responsibility to honor.

Appendix B — Community & Content Guidelines (Abridged)

These guidelines are a plain-language summary of Section 7 and exist to be displayable in-app for non-tech-savvy users. The full, binding rules are in Section 7; if there is any conflict, Section 7 controls.

  1. Be accurate. Post real businesses, at real addresses, in the correct category. Don't list duplicates.
  2. Be honest about reviews. Only review businesses you actually visited. One review per business. Don't pay for or trade reviews.
  3. Be kind. No harassment, slurs, threats, or doxxing. No targeting people by ethnicity, religion, caste, gender identity, sexual orientation, or disability.
  4. Own your images. Only upload images you have the right to use. Don't include other people without their consent.
  5. No illegal stuff. No drugs, weapons, counterfeit goods, or anything that breaks the law where you or the business is located.
  6. No CSAM. Ever. We report to authorities.
  7. Own the business you claim. Submit real proof. False claims can get you banned and lead to legal consequences.
  8. Honor your deals. If you post a deal as a verified owner, you must honor every valid code presented to you within its validity window.
  9. Don't cheat the system. No bots, scraping, fake accounts, or bypassing our rules.
  10. Report problems. Email legal@himalayanhub.co if something's wrong. We'll look into it.

End of Terms of Service.