Utsav Works Platform Terms of Service

Module: Utsav Works™ (Platform Core)
Document Type: Terms of Service
Trademark: Utsav Works™ is a trademark of MyMahotsav Futuretech Ltd
Effective Date: 24th February 2026
Version: 1.0

Part A: Plain English Summary #

Welcome to Utsav Works™ #

Utsav Works™ is a marketplace connecting clients with talented freelancers for projects of all sizes. Whether you’re here to find work or get work done, please understand our role and your responsibilities.

The Simple Truth #

• We’re a Platform, Not an Employer or Agency: Utsav Works™ provides the technology that allows clients and freelancers to find each other and transact directly. We are not a party to your service contracts .

• Your Contracts Are Direct: When you hire a freelancer or accept a project, your agreement is directly with that user. We facilitate but aren’t involved in the actual work .

• No Guarantees of Quality or Success: We don’t verify freelancer skills, client payment ability, or project outcomes. You’re responsible for evaluating each other .

• Escrow Protects Everyone: Funds are held securely and released only when both parties agree (or through dispute resolution). This protects clients from non-delivery and freelancers from non-payment .

• Communicate on Platform: All project communications must occur on the platform to maintain dispute evidence and protect your rights .

Part B: Legal Terms and Conditions #

1. INTRODUCTION AND ACCEPTANCE #

1.1 These Utsav Works™ Terms of Service (“Terms”) govern your access to and use of the Utsav Works™ platform, including all websites, mobile applications, and services offered thereunder (collectively, the “Platform”).

1.2 By accessing or using the Platform, including registering for an account, posting a project, or bidding on work, you agree to be bound by these Terms and all policies incorporated herein .

1.3 If you do not agree to these Terms, you must immediately cease using the Platform.

1.4 These Terms are to be read in conjunction with our Privacy Policy, Cookie Policy, and any other policies referenced herein .

2. DEFINITIONS #

3. PLATFORM ROLE AND DISCLAIMERS #

3.1 MyMahotsav as Intermediary: MyMahotsav Futuretech Ltd is a technology platform provider and marketplace facilitator. We merely make the Platform available to enable Clients and Freelancers to find and transact directly with each other .

3.2 No Introduction or Selection: We do not introduce Freelancers to Clients, select Projects for Freelancers, or select Freelancers for Clients. Users are responsible for evaluating and determining the suitability of any Project, Client, or Freelancer on their own .

3.3 Not a Party to Service Contracts: If Users decide to enter into a Service Contract, the Service Contract is directly between the Users. MyMahotsav is not a party to that Service Contract .

3.4 No Agency Relationship: Nothing in these Terms creates an agency, partnership, joint venture, employment, or fiduciary relationship between MyMahotsav and any User .

3.5 No Endorsement or Verification: We do not verify the skills, qualifications, backgrounds, or identities of Freelancers. We do not verify the ability of Clients to pay. We do not guarantee the truth or accuracy of any listings, User Content, or feedback .

3.6 DISCLAIMER OF WARRANTIES: THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT .

4. ELIGIBILITY AND ACCOUNT REGISTRATION #

4.1 Age Requirement: You must be at least 18 years old (or the age of majority in your country if higher) to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old .

4.2 Business Purpose: The Platform is offered for your business purposes only and not for personal or consumer use. By registering, you represent that you are doing business under your own name as a self-employed individual/sole proprietor or are an employee or agent of an independent business .

4.3 Registration: To access certain features, you must register for an account using accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy .

4.4 Account Eligibility: You promise that:

• You will comply with any licensing, registration, or other requirements with respect to your business

• You are not subject to economic sanctions or trade restrictions imposed by the United States, United Kingdom, European Union, or other applicable jurisdictions

• You will use the Platform only for lawful purposes

4.5 One Account Per User: You may register for only one account requiring a unique login. This account will house all of your Account Types (Client, Freelancer, Agency) .

4.6 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at support@utsavworks.com of any unauthorized use .

4.7 Identity Verification: When you register and periodically thereafter, your account will be subject to verification, including validation against third-party databases or verification of official government documents. You authorize us to make any inquiries necessary to validate your identity, location, and business ownership .

5. ACCOUNT TYPES #

5.1 Client Account: Users may register for or add a Client Account to post projects, hire freelancers, and purchase tasks .

5.2 Freelancer Account: Users may register for or add a Freelancer Account to bid on projects, offer tasks, and perform work .

5.3 Agency Account: A specific type of Freelancer Account allows an Agency owner to give permissions to other Users (“Agency Members”) to act on behalf of the Agency. The Agency Account owner is solely responsible and assumes all liability for:

• Classification of Agency Members as employees or independent contractors

• Paying Agency Members in accordance with applicable law

• All work performed by Agency Members

6. USER CONDUCT AND PROHIBITED ACTIVITIES #

6.1 Prohibited Conduct: You agree not to :

• Violate any applicable law, regulation, or third-party rights

• Provide false, misleading, or fraudulent information

• Impersonate any person or entity

• Harass, threaten, or intimidate any user

• Circumvent the Platform’s communication systems to discuss or transact off-platform

• Accept or make payments outside the Platform’s escrow system

• Manipulate prices, bids, or feedback

• Interfere with the proper functioning of the Platform

• Introduce viruses, malware, or other harmful code

• Scrape, data mine, or extract content from the Platform without authorization

6.2 Off-Platform Transactions: You acknowledge that circumventing the Platform to pay or receive payments outside the escrow system:

• Violates these Terms

• Eliminates your eligibility for dispute resolution and payment protection

• May result in account termination

• Does not relieve you of applicable fees

6.3 Communication: All communications related to projects, bids, and deliverables must occur through Platform messaging systems to maintain evidence for dispute resolution .

7. FEES AND PAYMENTS #

7.1 Fee Structure: Utsav Works™ charges fees as described in our Fee Schedule, which may include:

7.2 Fee Disclosure: All applicable fees are disclosed during the Listing, bidding, or checkout process. Fees are non-refundable except as expressly provided .

7.3 Payment Processing: All payments are processed through our third-party payment partners. We do not store full payment details on our systems.

7.4 Taxes: Users are solely responsible for all taxes arising from their use of the Platform, including income tax, GST/VAT, and any other applicable taxes. We may withhold taxes where required by law .

8. INTELLECTUAL PROPERTY RIGHTS #

8.1 Platform Content: All content, software, databases, graphics, text, designs, and trademarks on the Platform are proprietary to MyMahotsav or its licensors .

8.2 User Content License: By submitting content to the Platform (including profiles, project descriptions, and deliverables), you grant MyMahotsav a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, and display such content for platform operations and promotion .

8.3 Ownership of Deliverables: Unless otherwise agreed in a Service Contract, upon full payment, the Freelancer assigns all rights, title, and interest in work product to the Client .

9. LIMITATION OF LIABILITY #

9.1 No Liability for User Interactions: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYMAHOTSAV SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM OR RELATED TO :

• The quality, safety, or legality of any services provided by Freelancers

• The ability of Freelancers to perform services

• The ability of Clients to pay for services

• User Content, statements, or posts

• Any disputes between Users

• Any loss of data, profits, or goodwill

9.2 Cap on Liability: IN ANY EVENT, OUR TOTAL LIABILITY TO ANY USER SHALL NOT EXCEED THE TOTAL FEES PAID BY THAT USER TO MYMAHOTSAV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM .

9.3 Exclusions: Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

10. Indemnification #

10.1 You agree to indemnify, defend, and hold harmless MyMahotsav Futuretech Ltd, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses arising out of or related to :

• Your use of the Platform

• Your Content

• Your violation of these Terms

• Your violation of any applicable law

• Your breach of any Service Contract

11. DISPUTE RESOLUTION AND ARBITRATION #

11.1 Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at disputes@utsavworks.com. We will attempt to resolve the dispute within 30 days .

11.2 Binding Arbitration: Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be resolved exclusively by binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall take place in London, United Kingdom .

11.3 Class Action Waiver: YOU AND MYMAHOTSAV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING .

11.4 Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales .

11.5 Jurisdiction for India: For disputes arising from Users in India, the courts in Gurugram, Haryana shall have exclusive jurisdiction for any matters not subject to arbitration.

12. TERMINATION #

12.1 By You: You may terminate your account at any time through your account settings, subject to completing any active Service Contracts .

12.2 By Us: We may suspend or terminate your account at any time for violation of these Terms or for any other reason, with or without notice .

12.3 Effect of Termination: Upon termination, your access to the Platform ceases. Outstanding Service Contracts remain binding between the parties.

13. CONTACT INFORMATION #

Part C: Jurisdiction-Specific Addendums #

India Addendum #

IT Act, 2000: Utsav Works™ is an intermediary under Section 2(w) and complies with due diligence requirements under the IT Rules, 2021 .

GST: Freelancers earning above threshold must register for GST. Platform fees may be subject to GST.

UK/EU Addendum #

Worker Classification: In the UK, “worker” status may apply in limited circumstances. Freelancers are responsible for understanding their legal status .

GDPR: For EU/UK residents, personal data is processed in accordance with GDPR. See our Privacy Policy for details.

US Addendum #

Section 230: Utsav Works™ is a provider of interactive computer services and shall not be treated as the publisher or speaker of any information provided by another information content provider .

1099 Reporting: Freelancers who are US persons may receive Form 1099-K for tax reporting purposes.