Terms and Conditions

1. Acceptance of Terms

By accessing or using the Vistarak (HighFly) application ("the App", "the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and the service provider ("we", "us", "our", or "Company"). Your use of the App indicates your acceptance of these Terms and your agreement to comply with all applicable laws and regulations.

2. Description of Service

Vistarak is a real estate management platform that enables property visits, bookings, hold bookings, and visitor management for real estate professionals and customers. The Service includes:

• Property Visit Management: Track and manage property visits with location tracking and image documentation
• Booking System: Create and manage property bookings, including project and plot selection
• Hold Bookings: Manage property hold requests and status tracking
• Visitor Tracking: Record and view visitor history and details
• Profile Management: Maintain user profiles with photo upload and personal details
• Notifications: Receive push notifications regarding bookings, visits, and other relevant updates

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the App, you must create an account by providing:

• A valid phone number
• Accurate and complete information as prompted
• Any other information required during registration

3.2 Phone Number Verification

• You must verify your phone number using the One-Time Password (OTP) sent to your registered number
• You are responsible for maintaining the security of your phone number and OTP
• You must immediately notify us if you suspect unauthorized access to your account

3.3 Account Security

• You are solely responsible for maintaining the confidentiality of your account credentials
• You agree to notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to protect your account information
• You may not share your account credentials with any third party

3.4 Account Accuracy

• You agree to provide accurate, current, and complete information during registration and at all times
• You must update your account information promptly if any changes occur
• We reserve the right to suspend or terminate accounts with false or misleading information

4. Use of Services

4.1 Permitted Use

You may use the App solely for lawful purposes and in accordance with these Terms. You agree to:

• Use the App only for legitimate real estate management purposes
• Comply with all applicable local, state, national, and international laws and regulations
• Respect the rights of other users and third parties
• Use the App in a manner that does not interfere with or disrupt the Service

4.2 Prohibited Activities

You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe upon the intellectual property rights of others
• Upload, transmit, or distribute any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the App, servers, or networks
• Reverse engineer, decompile, or disassemble any portion of the App
• Use automated systems (bots, scrapers) to access the App without permission
• Impersonate any person or entity or misrepresent your affiliation with any entity
• Collect or store personal data about other users without their consent
• Use the App to harass, abuse, or harm other users
• Interfere with or disrupt the App's servers or networks

4.3 Property Visits

• You are responsible for the accuracy of visit information you record
• Location data must be accurate and obtained with proper permissions
• Images captured during visits must be relevant and appropriate
• You must obtain necessary permissions before capturing images of properties or individuals

4.4 Bookings and Hold Bookings

• All bookings are subject to availability and verification
• Booking information must be accurate and complete
• You are responsible for all information provided during the booking process
• Hold bookings are subject to the terms and conditions of the specific property or project
• We reserve the right to cancel or modify bookings if information is found to be inaccurate

5. Location Services

5.1 Location Tracking

• The App uses location services to track property visits
• You must grant location permissions for the App to function properly
• Location data is collected and stored to document property visits
• You can disable location services in your device settings, but this may limit App functionality

5.2 Location Data

• Location data is used solely for the purpose of documenting property visits
• We take reasonable measures to protect your location data
• Location data may be shared with property owners, agents, or other authorized parties as necessary for the Service
• By using location services, you consent to the collection and use of your location data as described in our Privacy Policy

6. Image Capture and Storage

6.1 Image Permissions

• You must grant camera and storage permissions to capture and upload images
• You are responsible for ensuring you have the right to capture images of properties and individuals
• You must obtain consent before photographing individuals or private properties

6.2 Image Content

Images must be relevant to property visits and bookings. You may not upload images that are:

• Illegal, offensive, or inappropriate
• Infringing on intellectual property rights
• Containing personal information of others without consent
• Malicious or harmful in nature

6.3 Image Storage

• Images are stored securely on our servers
• We reserve the right to remove any images that violate these Terms
• Images may be shared with authorized parties (property owners, agents) as necessary for the Service
• You retain ownership of images you upload but grant us a license to use them for Service purposes

7. Payment Terms

7.1 Payment Information

• If the App processes payments, you agree to provide accurate payment information
• You authorize us to charge your payment method for any fees or charges
• All payments are subject to verification and may be declined for various reasons

7.2 Payment Security

• Payment information is processed securely through third-party payment processors
• We do not store complete payment card information on our servers
• You are responsible for maintaining the security of your payment method

7.3 Refunds

• Refund policies, if applicable, will be communicated separately
• Refunds are subject to the terms of the specific booking or transaction

8. User Responsibilities

8.1 Accurate Information

• You are responsible for providing accurate and complete information
• False or misleading information may result in account suspension or termination
• You must update your information promptly when changes occur

8.2 Compliance

• You must comply with all applicable laws and regulations
• You are responsible for ensuring your use of the App complies with local real estate laws
• You must respect the rights of property owners, agents, and other users

8.3 Content Responsibility

• You are solely responsible for all content you upload, post, or transmit through the App
• You represent and warrant that you have all necessary rights to upload such content
• You agree not to upload content that violates any laws or infringes on any rights

9. Intellectual Property

9.1 App Ownership

• The App and all its content, features, and functionality are owned by us or our licensors
• The App is protected by copyright, trademark, and other intellectual property laws
• You may not copy, modify, distribute, or create derivative works of the App without permission

9.2 User Content

• You retain ownership of content you create and upload
• By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for Service purposes
• You represent that you have the right to grant such license

9.3 Trademarks

• "Vistarak" and "HighFly" are trademarks of the Company
• You may not use our trademarks without prior written permission

10. Privacy and Data Protection

10.1 Privacy Policy

• Your use of the App is also governed by our Privacy Policy
• By using the App, you consent to the collection and use of your information as described in the Privacy Policy
• We take reasonable measures to protect your personal information

10.2 Data Collection

We collect information necessary to provide and improve the Service. This includes:

• Account information
• Location data
• Visit records
• Booking information
• Images
• Usage data

We use Firebase services for authentication, analytics, and notifications.

10.3 Data Security

• We implement security measures to protect your data
• However, no method of transmission over the internet is 100% secure
• You acknowledge that you provide information at your own risk

10.4 Third-Party Services

• The App uses third-party services (Firebase, payment processors) that have their own privacy policies
• We are not responsible for the privacy practices of third-party services

11. Push Notifications

11.1 Notification Consent

• By using the App, you consent to receive push notifications
• Notifications may include updates about bookings, visits, and other Service-related information
• You can manage notification preferences in your device settings

11.2 Notification Content

• We strive to send relevant and timely notifications
• You may receive notifications even when the App is not actively in use
• We are not responsible for any costs associated with receiving notifications

12. Limitation of Liability

12.1 Service Availability

• We strive to provide continuous access to the App but do not guarantee uninterrupted service
• The App may be unavailable due to maintenance, updates, or unforeseen circumstances
• We are not liable for any loss or damage resulting from App unavailability

12.2 Information Accuracy

• While we strive for accuracy, we do not guarantee the accuracy, completeness, or reliability of information on the App
• Property information, availability, and pricing are subject to change
• You should verify all information independently before making decisions

12.3 Limitation of Damages

12.4 No Warranty

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload or transmit through the App
• Your connection to the App

14. Termination

14.1 Termination by You

• You may stop using the App at any time
• You may request account deletion by contacting us
• Upon termination, your right to use the App immediately ceases

14.2 Termination by Us

We may suspend or terminate your account and access to the App at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Illegal or fraudulent activity
• Extended periods of inactivity
• Request by law enforcement or government agencies
• Technical or security issues

14.3 Effect of Termination

• Upon termination, your account and access to the App will be disabled
• We may delete your account information and content, subject to legal retention requirements
• Provisions that by their nature should survive termination will remain in effect

15. Changes to Terms

15.1 Modification Rights

• We reserve the right to modify these Terms at any time
• We will notify you of material changes through the App or by email
• Continued use of the App after changes constitutes acceptance of modified Terms

15.2 Review of Terms

• You are responsible for reviewing these Terms periodically
• The "Last Updated" date at the top indicates when Terms were last revised
• If you do not agree to modified Terms, you must stop using the App

16. Dispute Resolution

16.1 Governing Law

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

16.2 Dispute Resolution Process

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Good faith negotiation
2. Mediation (if negotiation fails)
3. Binding arbitration or litigation as applicable under local law

16.3 Class Action Waiver

• You agree that any disputes will be resolved individually
• You waive any right to participate in class action lawsuits or class-wide arbitration

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

19. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision. Any waiver must be in writing and signed by us.

20. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

21. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

22. Contact Information

23. Acknowledgment