Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a binding agreement between you (“Partner” or “you”) and HimLocal, a technology company incorporated in India and incubated at IIT Mandi Catalyst, Kullu, Himachal Pradesh (“HimLocal”, “we”, “us”). By creating an account, subscribing to any plan, or using partner.himlocal.com or any associated software, you agree to these Terms. If you are acting on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. The Software We Provide

HimLocal Partner OS is a multi-vertical SaaS platform delivered as a cloud-based service. Depending on your plan, it may include:

• Property Management System (PMS) — front desk, room rack, rate plans, housekeeping, guest folios
• Channel Manager — two-way OTA sync (Booking.com, Agoda, MakeMyTrip, Goibibo, Airbnb, Expedia, and 2000+ more)
• Restaurant Management System (RMS) — QR table ordering, kitchen display (KDS), GST billing, menu, coupons
• Retail POS & Online Store — branded storefront, inventory, orders, courier tracking, GST invoices
• Direct Booking Engine — commission-free bookings on your own website
• HimLocal Marketplace — optional listing on himlocal.com for discovery

The specific features available to you depend on your chosen plan. We may update, modify, or add features at any time, with reasonable notice where changes materially affect your use.

3. Subscription & Fees

Plans and pricing are described at partner.himlocal.com/pricing. All prices are in INR and exclude GST unless stated otherwise.

• Monthly/Annual plans: billed in advance. Annual plans may offer a discount.
• Commission plans: a percentage of completed online transactions, settled after payout.
• Offline Edition: a one-time fee; includes setup. No recurring subscription.
• Setup / build fees (if applicable) are non-refundable once work has commenced.

We reserve the right to update pricing with 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.

4. Payments

Subscription fees are processed via Razorpay. By subscribing, you authorise us to charge the applicable fees to your designated payment method on each billing cycle. Commission amounts are deducted from payouts before settlement to your Razorpay account.

Overdue invoices may result in suspension of your account. Reinstatement requires payment of all outstanding amounts plus any applicable late fees.

5. Partner Responsibilities

As a partner, you agree to:

• Provide accurate, complete, and current business information
• Ensure your listings, menu items, product descriptions, and pricing are accurate and comply with applicable law
• Honour bookings, orders, and commitments made through the platform
• Obtain and maintain all necessary licences, permits, and regulatory approvals for your business
• Not use the platform for unlawful purposes or to list prohibited products/services
• Maintain the security of your account credentials and notify us promptly of any breach
• Comply with the Razorpay Partner Agreement for payment processing

6. Data & Privacy

In using HimLocal Partner OS you will process personal data of your customers (“End Customer Data”). You are the data controller for this data; HimLocal acts as a data processor on your behalf solely to deliver the platform services.

• We process End Customer Data only as instructed by you (through use of the platform) and in accordance with our Privacy Policy.
• We implement appropriate technical and organisational measures to protect End Customer Data.
• You must publish a lawful privacy policy on your own website that discloses your data practices to your customers.
• You remain responsible for obtaining any consents required under the Digital Personal Data Protection Act, 2023 (DPDPA) or other applicable law.

We use Google Analytics 4 on partner.himlocal.com (our marketing site) to understand visitor behaviour. Analytics cookies are loaded only after cookie consent is granted. See our Privacy Policy for details.

7. Intellectual Property

HimLocal retains all intellectual property rights in the platform software, design, trademarks, and documentation. We grant you a limited, non-exclusive, non-transferable licence to use the software solely for your internal business operations during the term of your subscription.

You retain ownership of your business content (product listings, menu items, photos, brand assets). You grant HimLocal a limited licence to display your content on the platform and, if you opt in, on the himlocal.com marketplace, for the purpose of operating the service.

8. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party (“Confidential Information”). Neither party will disclose Confidential Information to third parties without the other’s prior written consent, except as required by law. This obligation survives termination of the agreement for a period of 3 years.

9. Uptime & Support

We target 99.5% monthly uptime for core platform services. Scheduled maintenance is announced with at least 24 hours' notice where possible. Support is provided via:

• Email: support@himlocal.com — business-day response
• WhatsApp: +91 82190 05890 — for urgent operational issues
• Priority support with phone follow-up is available on Pro plans

10. Term & Termination

• Term: The agreement starts when you create an account or subscribe and continues until terminated.
• Termination by you: You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. No partial-period refunds are issued for monthly plans; annual plan refund eligibility is assessed case by case.
• Termination by us: We may suspend or terminate your account immediately if you breach these Terms, fail to pay fees, or use the platform in a manner harmful to other users or to HimLocal.
• Effect of termination: On termination, your access ends. You may request an export of your business data within 30 days of termination. After 30 days, your data may be permanently deleted.

11. Disclaimer of Warranties

The platform is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or free from security vulnerabilities.

12. Limitation of Liability

To the maximum extent permitted by applicable law, HimLocal shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

Our total aggregate liability for any claim relating to the platform shall not exceed the fees paid by you to HimLocal in the 3 months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless HimLocal and its directors, officers, and employees from any third-party claims, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the platform in breach of these Terms; (b) your business operations, listings, or transactions with your customers; (c) your violation of applicable law.

14. Modifications

We may update these Terms from time to time. Material changes will be communicated by email or in-platform notice at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.

15. Governing Law & Disputes

These Terms are governed by the laws of India. Any dispute arising from or related to these Terms shall first be attempted to be resolved by good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual agreement. The seat of arbitration shall be Kullu, Himachal Pradesh, India.

Nothing in this clause prevents either party from seeking interim injunctive relief from a competent court.

16. Contact