Terms of Service

1. Who we are

Himish ("Himish," "we," "us") operates a community marketplace that lets people post listings, discover local businesses, and message one another. Himish is operated from the United States. By creating an account or using the service you agree to these Terms.

2. Eligibility

You must be at least 13 years old to create an account. If you are under 18, you confirm a parent or guardian permits your use. We do not knowingly collect information from anyone under 13; see the Privacy Policy.

3. Your account

You are responsible for keeping your login credentials secure and for everything that happens under your account. Tell us at support@himish.com if you suspect unauthorized access. We may suspend or close accounts that violate these Terms, the Community Guidelines, or applicable law.

4. User-generated content

You retain ownership of the listings, photos, messages, and other content you post. By posting, you grant Himish a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute that content for the purpose of operating and promoting the service. You confirm you have the rights to grant this license.

You must not post content that:

• infringes anyone's intellectual property or privacy rights;
• is unlawful, fraudulent, or misleading;
• harasses, threatens, or targets a person or group;
• is sexually explicit, gratuitously violent, or otherwise inappropriate for a community audience that includes minors and people of varied religious observance;
• promotes the sale of items or services prohibited by law (firearms, drugs, stolen goods, counterfeits, etc.);
• impersonates another person or business.

See the Community Guidelines for the full list and how reporting and moderation work.

5. AI-assisted tagging

Himish uses third-party AI services (currently Anthropic) to help categorize listings, suggest tags, and surface duplicates. AI output is not human review and may be wrong. You are responsible for the accuracy of what you post; we may adjust or reject tags during admin review. AI features are provided "as is" with no warranty of accuracy, fitness, or suitability.

6. Paid Services & Payments

6.1 Free core service; optional paid upgrades. Himish is free to browse and post. We also offer optional paid upgrades (for example, Boosted listings, the Verified badge, and Sponsor placements) that a business or listing owner may purchase. Paying is never required to use the core product. The specific upgrades available, and their prices, are shown at the point of purchase and may change over time.

6.2 Payment processing. Payments are processed by our third-party processor, Stripe. By purchasing a paid upgrade, you also agree to Stripe's applicable terms. We do not collect or store full card numbers; that information is handled by Stripe. You represent that you are authorized to use the payment method you provide.

6.3 Authorization to charge. By purchasing an upgrade, you authorize us (through Stripe) to charge your payment method for the price shown, plus any applicable taxes and fees. For recurring upgrades, you authorize recurring charges as described in §7.

6.4 Prices, currency, and taxes. All prices are in U.S. dollars. Prices are subject to change, but a change will not affect an upgrade you've already purchased for its current term. Our paid upgrades are promotional advertising services; in New York, advertising services are generally not subject to sales tax, so prices are shown tax-inclusive of NY sales tax. Where any tax does apply (for example, for buyers in other states, or for any product that isn't an advertising service), it will be shown and/or added at checkout, and you're responsible for it.

6.5 What a paid upgrade is — and isn't. Paid upgrades provide promotional visibility or a status badge on Himish for a set time and place. We sell visibility; we do not guarantee any specific outcome — including any particular number of views, clicks, leads, calls, customers, or sales. The "Verified" badge indicates a page completed our claim/verification step; it is not an endorsement, guarantee, or warranty by Himish of the business, its products, or its services. Nothing in a paid upgrade changes the fact that Himish is a platform and is not the seller of the goods or services listed by users.

6.6 Refunds and cancellation. Refunds, cancellation, and auto-renewal terms are governed by our [Refund & Cancellation Policy](/refund-policy), which is incorporated into these Terms by reference. Except as stated in that policy, paid upgrades are non-refundable once the placement or badge is live.

6.7 Chargebacks. If a chargeback or payment dispute is filed, we may suspend or remove the related upgrade and may suspend the account pending resolution, and we reserve the right to recover amounts owed. (See the Refund & Cancellation Policy.)

6.8 Non-payment. If a charge fails or is reversed, we may pause, downgrade, or remove the associated paid feature.

7. Paid Upgrades, Subscriptions & Auto-Renewal

7.1 One-time vs. recurring. Some upgrades are one-time and time-limited — for example, a Boosted listing runs for a fixed period (7, 30, or 90 days) and then automatically reverts to standard placement, with nothing to cancel. Sponsor placements are sold as one-time blocks (7, 30, or 90 days at $49/day per slot). The Verified badge is sold as an annual subscription at $260/year that renews automatically every 12 months until you cancel.

7.2 Auto-renewal. When you purchase Verified: before you pay, we clearly disclose that the subscription renews automatically, the renewal price ($260/year), how often you're billed (once per year), and how to cancel. The subscription then renews automatically at the then-current price for successive 12-month terms until you cancel. By subscribing, you consent to these recurring charges.

7.3 Cancellation. You may cancel a Verified subscription at any time from **Billing & subscriptions** in your account — the same online surface you used to subscribe. Cancellation is as easy as sign-up. Cancelling stops future charges; it does not refund the term you are already in, and your Verified badge stays active until the end of that paid term. If you'd rather reach a person, you can also contact us at support@himish.com.

7.4 Compliance. We will provide the disclosures, consent, reminders, and cancellation methods required by applicable law, including the federal Restore Online Shoppers' Confidence Act (ROSCA) and applicable state automatic-renewal laws.

7.5 Changes to upgrades. We may add, change, or discontinue paid upgrades. If we discontinue an upgrade you're paying for, we'll stop billing you and handle any unused paid time as described in the Refund & Cancellation Policy.

8. Acceptable use

You agree not to:

• scrape, mass-download, or rehost content without our written permission;
• interfere with the service's operation, security, or other users' access;
• use the service to send spam or unsolicited bulk messages;
• circumvent moderation, suspensions, or technical limits;
• upload malware or exploit vulnerabilities (responsible disclosure to security@himish.com is welcome).

9. Termination

You may close your account at any time from your account settings. We may suspend or terminate accounts that violate these Terms, that pose a risk to users, or that have been inactive for an extended period. Where reasonable we will give notice. Some content (e.g., chat messages others received, audit records) may persist after termination as described in the Privacy Policy.

10. Disclaimers

The service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI tagging or other content. We do not warrant the service will be uninterrupted, error-free, or free of harmful components.

11. Limitation of liability

To the fullest extent permitted by law, Himish and its operators are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the service. Our aggregate liability for any claim relating to the service is limited to the greater of (a) US$50 or (b) the amount you paid us, if any, in the twelve months preceding the claim.

12. Indemnity

You agree to defend and indemnify Himish from claims arising out of content you post, your violation of these Terms or the Community Guidelines, or your violation of any law or third-party right.

13. Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute that is not resolved informally within thirty (30) days of written notice will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in New York, NY. Either party may bring an individual claim in small-claims court if it qualifies. You and Himish waive the right to a jury trial and to participate in class actions to the extent permitted by law.

14. Changes

We may update these Terms. Material changes will be announced in-app or by email, and the "effective date" above will be updated. Continued use of the service after the effective date means you accept the changes.

15. Contact

Questions about these Terms? Email support@himish.com.