1. About These Terms and Who We Are

Catafy is a digital cataloguing, storefront and order-management platform operated by NextWave Technology Private Limited, a company registered in India with its registered office at Plot No. 20, Block H-1/A, Sector 63, Noida, Uttar Pradesh - 201301, India. These Terms and Conditions govern your access to and use of the Catafy website, web dashboard, mobile applications and related services (together, the "Service"). By creating an account, subscribing to a plan, or otherwise using the Service, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, you must not use the Service.

2. The Company Behind Catafy

Catafy has been in operation since March 2024. From March 2024 until 31 August 2026, the Service was operated by SparkSphere Venture Private Limited. With effect from 1 September 2026, Catafy is owned and operated by NextWave Technology Private Limited, and all invoices, receipts, agreements and payments from that date are issued in the name of NextWave Technology Private Limited. This is a change of company name and ownership only — your account, catalogues, orders, data, pricing and subscription continue unchanged, and the same team supports you on the same email address and phone number. All rights and obligations under the earlier terms stand transferred to NextWave Technology Private Limited. Any reference to SparkSphere Venture Private Limited in these Terms or in earlier documents should be read as a reference to NextWave Technology Private Limited for the period from 1 September 2026 onwards. Invoices issued before that date remain valid under SparkSphere Venture Private Limited for your records.

3. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. If you register on behalf of a business, you confirm that you are authorised to bind that business, and "you" in these Terms means both you and that business. You agree to provide accurate and current information when registering, and to keep it updated. You are responsible for everything that happens under your account.

4. Account Security, Team Members and Devices

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, including activity by your team members. Catafy supports OTP-based sign-in; you must keep the phone number and email on your account current and under your control. Your plan determines how many team members and simultaneous device logins your account permits. You may add, remove and force-logout team members from your dashboard, and you must do so promptly when someone leaves your business. Notify us immediately at [email protected] if you suspect unauthorised access.

5. Description of the Service

Catafy provides tools to create and share digital product catalogues, run a branded online store, receive and manage orders and enquiries, bill customers at a counter through point of sale, generate PDFs and reports, track buyer activity, and communicate with buyers. Specific capabilities available to you depend on your subscription plan. We may add, change, improve or discontinue individual features over time. Where we discontinue a material feature you are actively using, we will give you reasonable prior notice.

6. Free Trial

We may offer a free trial. Trials are for evaluation, may be limited in duration and functionality, and may be withdrawn or modified at any time. Unless you purchase a paid plan before the trial ends, your access to paid features will stop when the trial expires. We may restrict trials to one per business, and we may decline or end a trial where we reasonably believe it is being misused.

7. Subscription Plans, Fees and Taxes

Paid plans are billed in advance for the subscription period you select. Prices are shown on our pricing page and are exclusive of applicable taxes unless stated otherwise; Goods and Services Tax (GST) or other applicable taxes are charged in addition at the prevailing rate. Subscriptions renew automatically at the end of each period unless cancelled beforehand, as described in our Cancellation and Refund Policy. We may revise pricing, and we will give you reasonable notice before a change applies to your renewal. You are responsible for keeping a valid payment method on file.

8. Plan Limits, Upgrades and Downgrades

Each plan includes limits on items such as catalogues, products, team members, device logins, collections and shareable links. You can upgrade at any time, and the additional entitlement applies immediately. If you downgrade or your plan lapses, features and limits above your new plan may stop working, and content in excess of your new limits may become inaccessible until you reduce it or upgrade again. It is your responsibility to export anything you need before downgrading.

9. Your Content and Ownership

You retain all ownership of the products, images, videos, descriptions, prices, catalogues, customer records and other material you upload or generate through the Service ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, transmit and display Your Content strictly to the extent necessary to operate and support the Service for you — for example to render your catalogue to your buyers, generate PDFs, create thumbnails and watermarks, deliver notifications and take backups. This licence ends when you delete the content or close your account, subject to the retention periods in our Privacy Policy and to backups that expire on their normal cycle.

10. Your Warranties About Your Content

You confirm that you own Your Content or have all necessary rights and permissions to use it, and that it does not infringe any third party's intellectual property, publicity or privacy rights. You are solely responsible for the accuracy of product descriptions, specifications, weights, pricing, tax rates, discounts and stock availability that you publish. You must not upload content that is unlawful, defamatory, obscene, misleading, or that you are not permitted to distribute.

11. Catafy's Intellectual Property

The Service, including its software, design, user interface, text, graphics, logos, and the Catafy name and marks, is owned by NextWave Technology Private Limited or its licensors and is protected by intellectual property laws. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business purposes. Nothing in these Terms transfers ownership of the Service to you.

12. Restrictions on Use

You must not do any of the following, and must not permit anyone else to:

1.) Copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by law.

2.) Resell, sublicense, rent, lease or otherwise make the Service available to a third party as a service of your own, unless we have agreed in writing.

3.) Use automated tools to scrape, harvest, crawl or bulk-extract data from the Service, including other users' catalogues or product data.

4.) Circumvent, disable or interfere with security, access controls, plan limits, rate limits, privacy features or usage metering.

5.) Upload or transmit malware, or use the Service to gain unauthorised access to any system or data.

6.) Use the Service to send unsolicited bulk messages, or in a way that breaches applicable messaging, telecom, anti-spam or data protection laws.

7.) Use the Service for any unlawful purpose, or to sell any item listed in the prohibited items clause below.

8.) Misrepresent your identity or your affiliation with any person or business, or impersonate Catafy.

13. Prohibited Items and Activities

You must not list, catalogue, promote or sell the following through the Service. This list is not exhaustive, and we may remove content or suspend accounts where we reasonably believe it applies:

1.) Adult content, pornographic or obscene material, and escort or sexual services.

2.) Narcotics, psychotropic substances, tobacco, prescription medicines, medical devices requiring authorisation, and any controlled or restricted substance.

3.) Firearms, ammunition, explosives, weapons, and any part or replica intended to function as one.

4.) Counterfeit goods, unauthorised replicas, and any item that infringes another party's trademark, copyright or design rights.

5.) Wildlife and animal products, including endangered species, live or dead animals, ivory, and reptile skins.

6.) Human organs, tissue, blood and bodily fluids.

7.) Government-issued documents and identification, including passports, licences, certificates, uniforms and official seals; and maps that misrepresent the boundaries of India.

8.) Currency, securities, lottery tickets, gambling services, and unregulated financial or investment products.

9.) Stolen goods, hacking tools, surveillance devices, and services or software intended to enable unlawful activity.

10.) Hazardous, radioactive or otherwise dangerous materials whose sale or transport requires a licence you do not hold.

11.) Any product or service whose sale is restricted or prohibited under Indian law, or under the law of the territory in which you or your buyer are located.

14. Your Buyers and Their Data

Where you collect personal information about your buyers through the Service — such as names, phone numbers, delivery addresses, GST numbers and order history — you are the party that decides why and how that information is used. In data protection terms, you act as the data fiduciary or controller for that information, and Catafy acts as a data processor handling it on your instructions. You are responsible for having a lawful basis to collect it, for giving your buyers any notice they are entitled to, for honouring their rights, and for complying with applicable data protection law including the Digital Personal Data Protection Act, 2023. Our Privacy Policy explains how we handle data in that role.

15. Communications and Notifications

By using the Service you agree to receive transactional and service communications from us by email, WhatsApp, SMS, push notification and in-app message — for example order alerts, verification codes, billing notices, security alerts and important changes to the Service. These are part of the Service and cannot be fully switched off while your account is active. Marketing communications are separate and you may opt out of them at any time without affecting your account.

16. WhatsApp Automation and Messaging

Catafy can send automated WhatsApp messages to your buyers — such as order confirmations, dispatch and delivery updates, verification codes and catalogue access approvals — through a third-party WhatsApp Business messaging provider, using your own WhatsApp Business account. You are responsible for connecting and maintaining that account, for getting your message templates approved, and for complying with WhatsApp and Meta's commerce and messaging policies as well as applicable telecom and anti-spam law. Messages are charged per message against your credit balance at the rates shown before you enable each automation. We are not responsible for messages that are delayed, rejected, throttled or blocked by WhatsApp, Meta, your messaging provider or the recipient's carrier, or for the suspension of your WhatsApp Business account by Meta.

17. AI Studio and AI-Generated Images

AI Studio lets you upload product images and generate enhanced versions using third-party artificial intelligence models. By using it you confirm you have the rights to the images you upload. Generated images are produced by automated systems: results vary, may contain inaccuracies or artefacts, and may not faithfully represent the physical product. You are solely responsible for reviewing every generated image before publishing it, and for ensuring that what you show your buyers is not misleading about the goods you are selling. As between you and us, you own the images you choose to keep, subject to the terms of the underlying AI providers. AI generations consume credits, which are charged when a generation runs and are not returned if you dislike the result. You must not use AI Studio to create content that is unlawful, deceptive, infringing, or that depicts identifiable individuals without their consent.

18. Credits

Certain features, including AI generations and WhatsApp messages, consume prepaid credits. Credits are denominated in the currency shown at purchase, are consumed as the corresponding service is delivered, and are recorded in your credit transaction history. Credits have no cash value, are not transferable between accounts, and are non-refundable except where required by law or as stated in our Cancellation and Refund Policy. We will tell you the applicable rate before you enable a paid automation or run a chargeable generation.

19. Payments Between You and Your Buyers

Where you enable online payments, you connect your own payment gateway account — such as Razorpay, PayPal or Ziina — and the resulting contract of sale is between you and your buyer. Catafy is not a party to that transaction, is not the merchant or seller of record, does not hold or settle those funds, and does not act as a payment aggregator. Settlement timing, transaction fees, refunds to buyers, chargebacks, disputes, fulfilment, returns, warranties and after-sales service are entirely your responsibility and are governed by your agreement with your gateway and your buyer. You are responsible for publishing your own refund, return, shipping and cancellation terms to your buyers.

20. Tax and Invoicing Responsibilities

You are solely responsible for determining, collecting, reporting and remitting any tax due on the goods and services you sell through the Service, including GST, and for issuing valid tax invoices to your buyers. Catafy provides tools — including configurable GST fields at checkout, storage of buyer GST numbers, and estimate and invoice documents — but these are conveniences, not tax advice, and we do not verify the tax positions, rates or registration numbers you configure. Tax that we charge you on your Catafy subscription is separate and appears on the invoice we issue to you.

21. Point of Sale

Where your plan includes point of sale, you are responsible for the accuracy of every bill you raise, for the prices, taxes and discounts applied, for compliance with local billing, weights-and-measures and consumer protection requirements, and for retaining records as your law requires. Stock levels shown in point of sale depend on the product data you maintain; you should verify physical stock before completing a sale.

22. Custom Domains

You may connect a domain you own to your store. You are responsible for registering and renewing that domain, for maintaining correct DNS records, and for ensuring you have the right to use it. We provision and renew a TLS certificate for connected domains at no additional charge, but we cannot guarantee availability where your registrar, DNS provider or certificate authority fails or delays. We may suspend or remove a domain connection where the domain is used unlawfully, infringes a third party's rights, or where required by a competent authority or registrar.

23. Shipping and Logistics Integrations

Where you connect a logistics provider such as Shiprocket, that provider's own terms govern pickup, transit, delivery, insurance, claims and pricing. Catafy passes information between you and the provider but is not a carrier, does not take custody of goods, and is not responsible for delays, damage, loss, misdelivery or the accuracy of tracking information.

24. Third-Party Services and Integrations

The Service integrates with third parties, including payment gateways, WhatsApp Business messaging providers, artificial intelligence providers, logistics providers, cloud hosting, content delivery networks, analytics, app stores and push notification services. Those services are provided by their operators under their own terms and privacy policies. We select our providers carefully, but we do not control them and are not responsible for their acts, omissions, outages, pricing changes or discontinuation. If a third-party service becomes unavailable, we may substitute, modify or discontinue the corresponding feature.

25. Privacy Features Are Not Absolute

Catafy offers features intended to limit exposure of your designs and pricing, such as private and OTP-gated catalogues, buyer-specific pricing, password-protected collections and screenshot protection. These features raise the effort required to copy your material, but no technical measure can make content viewable and simultaneously impossible to capture. A determined viewer can photograph a screen, and platform behaviour varies by device and operating system. We do not warrant that these features will prevent copying, and we are not liable for the misuse of material you choose to share.

26. Service Availability, Maintenance and Beta Features

We work to keep the Service available and performant, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable during planned maintenance, emergency fixes, or events outside our control. We will try to schedule disruptive maintenance outside peak hours and to give notice where practical. Features labelled beta, preview or early access are provided as-is, may change or be withdrawn, and should not be relied on for critical operations.

27. Suspension and Termination

You may stop using the Service and cancel your subscription at any time as described in our Cancellation and Refund Policy. We may suspend or terminate your access if you breach these Terms, if fees remain unpaid after the grace period, if your use threatens the security, integrity or performance of the Service or other users, or if we are required to do so by law or by a competent authority. Where circumstances allow, we will give you notice and an opportunity to fix the problem first. Suspension for non-payment does not relieve you of amounts already due.

28. Effect of Termination and Data Export

On termination, your right to use the Service ends and paid features stop working. You should export your catalogues, products, customer records, orders and reports before your access ends — the Service provides export tools for this purpose. After termination we retain your data for a limited period so that you can reactivate or request an export, after which it is deleted or anonymised in line with our Privacy Policy and our backup cycle. Clauses that by their nature should survive termination — including ownership, confidentiality, indemnity, limitation of liability, and governing law — continue to apply.

29. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted availability. We do not warrant that the Service will meet your requirements, that defects will be corrected, or that outputs such as analytics, reports, AI-generated images or automated messages will be accurate, complete or delivered.

30. Limitation of Liability

To the maximum extent permitted by law, neither NextWave Technology Private Limited nor its directors, employees, affiliates, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, or loss or corruption of data, arising out of or in connection with the Service, even if we have been advised of the possibility. Our total aggregate liability for all claims arising in any twelve-month period will not exceed the total subscription fees you actually paid to us for the Service in the twelve months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded.

31. Indemnity

You agree to indemnify and hold harmless NextWave Technology Private Limited, its directors, employees and affiliates from and against any claim, demand, loss, liability, penalty or expense, including reasonable legal fees, arising from Your Content, the goods or services you sell, your breach of these Terms or of applicable law, your infringement of a third party's rights, your handling of your buyers' personal data, or any dispute between you and a buyer.

32. Force Majeure

Neither party is liable for failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes, government action, changes in law, failure of telecommunications or internet infrastructure, power failure, cyber-attack, or the failure or discontinuation of a third-party service the Service depends on. Payment obligations already accrued are not excused by this clause.

33. Confidentiality

Each party may receive non-public information belonging to the other. Each party will use the other's confidential information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisers who need it and are bound by comparable obligations, or where disclosure is required by law.

34. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets — as occurred on 1 September 2026 when the Service transferred from SparkSphere Venture Private Limited to NextWave Technology Private Limited. These Terms bind and benefit each party's permitted successors and assigns.

35. Changes to These Terms

We may update these Terms to reflect changes to the Service, our business, or the law. We will post the revised version on this page and update the effective date. Where a change materially reduces your rights or increases your obligations, we will give you reasonable advance notice by email or in-app notification. Continued use of the Service after a change takes effect means you accept the revised Terms; if you do not accept them, you should cancel your subscription before the change applies.

36. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the rules made under it, and the Digital Personal Data Protection Act, 2023, you may raise any grievance about the Service, about content on the platform, or about the handling of your personal data by writing to our Grievance Officer at [email protected] with "Grievance" in the subject line, or by post to NextWave Technology Private Limited, Plot No. 20, Block H-1/A, Sector 63, Noida, Uttar Pradesh - 201301, India. We will acknowledge your complaint within 24 hours and endeavour to resolve it within 15 days of receipt.

37. Governing Law and Jurisdiction

These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to the grievance process above, the courts at Gautam Buddh Nagar, Uttar Pradesh, India will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, and you consent to that jurisdiction.

38. General

These Terms, together with our Privacy Policy and Cancellation and Refund Policy, form the entire agreement between you and us about the Service and supersede any earlier understanding. If any provision is found unenforceable, the rest remains in force and the unenforceable provision will be applied as closely as possible to its original intent. Our failure to enforce a provision is not a waiver of it. There is no partnership, joint venture, agency or employment relationship between us. Headings are for convenience only.

39. Contact Us

If you have any question about these Terms, write to us at [email protected] or [email protected], call +91-8383960500, or write to NextWave Technology Private Limited, Plot No. 20, Block H-1/A, Sector 63, Noida, Uttar Pradesh - 201301, India.