Version: 2.5
Effective Date: August 12, 2026
Entity: NijiTek Private Limited
- ACCEPTANCE & MODIFICATION OF TERMS
1.1 Binding Agreement: By accessing or using www.nijikart.com (the "Site") and its associated "MeCommerce" orchestration services (collectively, the "Service"), you agree to be bound by these Master Terms of Service.
1.2 Right to Modify: Nijikart reserves the right to modify or replace these Terms at any time. Significant changes will be notified via the Site or email. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
- NIJIKART AS AN INTERMEDIARY (SECTION 79 PROTECTIONS)
2.1 Platform Nature: Nijikart is a technology infrastructure provider. We facilitate a marketplace and provide a generative engine that allows third-party Sellers to list designs and Buyers to personalize and purchase them.
2.2 Intermediary Shield: In accordance with Section 79 of the Information Technology Act, 2000 (India), Nijikart is an intermediary. We do not (i) initiate the transmission, (ii) select the receiver of the transmission, or (iii) modify the information contained in the transmission except through automated programmatic compositing as required by the Service.
2.3 Content Review: Nijikart does not guarantee exhaustive pre-screening of every Seller design prior to listing. However, Nijikart may, at its sole discretion, conduct automated or manual review of listed content at any stage — before, during, or after listing — and reserves the right to reject, suspend, or remove any design at any time, with or without cause, and with or without prior notice to the Seller. Nijikart takes reasonable steps, as described in Section 5B below, to identify and act on content that infringes third-party rights or violates these Terms, but does not warrant that all such content will be identified prior to listing.
- USER ACCOUNTS & SECURITY
3.1 Eligibility: You must be at least 18 years of age. Use by minors is permitted only under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Security: You are responsible for safeguarding your credentials. Nijikart is not liable for any loss or damage arising from your failure to maintain account security.
- INTELLECTUAL PROPERTY & LICENSE
4.1 Nijikart Ownership: The Site's interface, proprietary "Smart-Layer" technology, orchestration engine, algorithms, logos, and exclusive Nijikart-branded designs are the sole property of NijiTek Private Limited.
4.2 User License: We grant you a limited, non-exclusive, non-transferable license to use the platform for its intended purpose of creating, selling, or purchasing personalized goods.
4.3 Content License: By uploading assets, you grant Nijikart a worldwide, royalty-free license to host, store, use, and modify such content solely for the purpose of fulfilling orders and operating the Service's generative features.
- PROHIBITED CONDUCT
You are strictly prohibited from:
- IP Infringement: Uploading unauthorized third-party IP (e.g., Marvel, Disney characters) without a legitimate legal basis such as parody or fair use.
- Reverse Engineering: Attempting to extract source code or bypass "Smart-PSD" technical logic.
- Malicious Use: Scraping data, injecting viruses, or using AI tools to create "Deepfakes."
- Prohibited Content: Uploading content that is sexually explicit, sexualizes or endangers minors, constitutes hate speech, or incites violence.
- Commercial Misuse: Using personal-license designs for unauthorized commercial resale.
For clarity, strong language, profanity, or edgy humor in designs is not, by itself, prohibited content under this Section, provided it does not fall into the categories above.
5A. SELLER REPRESENTATIONS, WARRANTIES & INDEMNIFICATION
5A.1 Seller Warranty: By uploading any design, image, text, or asset ("Seller Content") to the Service, the Seller represents and warrants that: (a) they own all necessary rights to the Seller Content, or possess a valid legal basis (including but not limited to fair use, parody, or commentary) to use any third-party trademark, copyright, or brand element contained within it; (b) the Seller Content does not infringe, misappropriate, or violate any third party's intellectual property, publicity, privacy, or other legal rights; (c) the Seller Content does not contain sexually explicit material, content sexualizing or endangering minors, hate speech, or content inciting violence.
5A.2 Indemnification: The Seller agrees to indemnify, defend, and hold harmless NijiTek Private Limited, its officers, directors, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) any breach of the warranties in 5A.1; (b) any third-party claim that Seller Content infringes their rights; or (c) any regulatory or payment-processor action arising from Seller Content.
5A.3 No Independent Verification: Nijikart's decision to list, feature, or promote any Seller Content does not constitute a representation by Nijikart that such content is free of third-party rights issues. The warranty and indemnity in this Section survive removal of the content or termination of the Seller's account.
5B. INTELLECTUAL PROPERTY & CONTENT COMPLAINT PROCESS
5B.1 Reporting a Complaint: Any party who believes that content listed on the Service infringes their intellectual property rights, or violates applicable law, may submit a complaint to hello@nijikart.com with the subject line "IP/Content Complaint," including: (i) identification of the right or law claimed to be violated, (ii) the specific listing URL(s), (iii) contact information of the complainant, and (iv) a good-faith statement that the complaint is accurate.
5B.2 Response Timeline: (a) Nijikart will acknowledge receipt of a valid complaint within 48 hours. (b) For complaints involving clear, verifiable trademark or copyright infringement, sexually explicit content, or content endangering minors, Nijikart will remove or disable access to the listing within 24–48 hours of acknowledgment, pending review. (c) For complaints requiring further factual or legal assessment (e.g., disputed parody/fair-use claims), Nijikart will complete its review and respond within 7 business days.
5B.3 Grievance Officer: In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Nijikart has designated the following Grievance Officer to address complaints under these Terms:
Name: Tejas Shah | Email: tejas@nijikart.com | Entity: NijiTek Private Limited
General complaints and takedown requests may also be sent to hello@nijikart.com.
5B.4 No Admission: Removal of content in response to a complaint is not an admission of liability by Nijikart or the Seller, and does not waive Nijikart's intermediary status under Section 79 of the Information Technology Act, 2000.
5B.5 Seller Notification: Upon removal of Seller Content pursuant to a complaint, Nijikart will notify the affected Seller of the removal and the general basis for it, without necessarily disclosing the complainant's identity.
5C. REPEAT INFRINGER POLICY
5C.1 Nijikart maintains a policy of removing content and, in appropriate circumstances, suspending or terminating the accounts of Sellers who are repeat infringers of third-party intellectual property rights or repeatedly violate the content standards in Section 5.
5C.2 A Seller who receives three (3) verified complaints resulting in content removal within any twelve (12) month period may have their account suspended or terminated at Nijikart's sole discretion, without entitlement to refund of any subscription or listing fees.
- PURCHASES, REFUNDS & THE 30-DAY WINDOW
6.1 Policy Incorporation: All purchases, logistics, and dispute resolutions are strictly governed by our Refund Policy and Shipping & Fulfillment Policy, which are incorporated into these Terms by reference.
6.2 The 30-Day Personalization Window: By placing an order, you agree to our 30-day data submission window. If personalization data is not submitted within 30 calendar days of checkout, you explicitly authorize Nijikart to expire the order link and convert the original purchase amount into Nijikart Store Credit to protect supply chain allocation. Cash refunds for abandoned orders are strictly prohibited.
- EXTERNAL SERVICES & THIRD-PARTY PARTNERS
Nijikart utilizes a global network of manufacturing and logistics partners (e.g., POD providers). You acknowledge that your use of the Service is also subject to the operational availability and terms of these third-party partners. Nijikart is not liable for disruptions or "Catalog Fluidity" issues caused by external partners.
- TERMINATION & SUSPENSION
We reserve the right to suspend or terminate any account instantly, without prior notice, for reasons including but not limited to: IP infringement, breach of the Seller warranties in Section 5A, accumulation of complaints under Section 5C (Repeat Infringer Policy), technical non-compliance (e.g., faulty PSD logic), or behavior that threatens the platform's integrity.
- DISCLAIMER & LIMITATION OF LIABILITY
9.1 "As Is" Basis: The Service is provided without warranties of any kind. We do not guarantee 100% uptime or that AI-generated results will meet subjective expectations.
9.2 Liability Cap: To the maximum extent permitted by law, NijiTek Private Limited's maximum liability for any claim arising out of your use of the Service is limited to the issuance of Nijikart Store Credit equal to the specific transaction value giving rise to the claim. We are not liable for indirect, incidental, or "loss of profit" damages.
- GOVERNING LAW & ARBITRATION
10.1 Jurisdiction: These Terms are governed by the laws of the Republic of India.
10.2 Dispute Resolution: Any dispute shall first be attempted to be resolved via mediation. If unsuccessful, the dispute shall be referred to binding arbitration in Ahmedabad, Gujarat, conducted in English under the Arbitration and Conciliation Act, 1996.
