Terms of Service

1. Acceptance of Terms

By accessing and using the DownShift application, website, and services (the "Services"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by these terms, please do not use this Service.

2. Description of Service

DownShift provides an automotive platform that allows users to manage their vehicle history (Digital Garage), access live fuel data (Fuel Radar), and buy/sell automotive products on a digital marketplace (Market). We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

3. User Conduct and Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide true, accurate, current, and complete information about yourself as prompted by the registration form.
• Maintain the security of your password and identification.
• Be fully responsible for all use of your account and for any actions that take place using your account.
• Not use the Service for any illegal or unauthorized purpose, including but not limited to violating any intellectual property laws or listing prohibited, non-automotive items on the Market.

4. Age Restriction

The DownShift platform, specifically the Marketplace and financial transaction features, is strictly restricted to users who are 18 years of age or older. By registering, you confirm you are legally an adult under Indian law. Accounts found to belong to minors will be immediately suspended and data erased per our Data Deletion Policy.

5. Community Guidelines & Acceptable Use Policy

DownShift is classified as an intermediary under the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021. The following content categories are strictly prohibited on our platform:

• Stolen, counterfeit, or illegally modified vehicle parts or vehicles.
• Listings that infringe upon intellectual property, trademark, or copyright rights.
• Defamatory, obscene, harassing, or abusive content targeting other users or third parties.
• Misleading, fraudulent, or deceptive vehicle listings or service descriptions.
• Content that violates any applicable law or regulation of India.

DownShift reserves the right to remove non-compliant content without notice and report violations to authorities as required by IT Rules 2021. View our full Community Guidelines.

6. DownShift Market Rules

The DownShift Market is exclusively for automotive products, vehicles, and accessories. By listing an item, you agree that:

• You are the legal owner of the item or are legally authorized to sell it.
• The images and descriptions provided are accurate and not misleading.
• DownShift utilizes AI to verify listings. We reserve the right to reject, modify, or remove any listing that we determine, in our sole discretion, violates these Terms or is not an automotive product.
• DownShift is not a party to the transaction between buyers and sellers and disclaims all liability related to the condition, legality, or delivery of items sold.

7. Emergency Roadside Assistance (RSA) Disclaimer

DownShift RSA connects users with independent third-party roadside mechanics and towing services. DownShift is not liable for service quality, response time, pricing disputes, or property damage caused by third-party RSA providers. All RSA engagements are independent contractor relationships between the user and the service provider.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of DownShift Automotive Pvt. Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws.

9. Analytics & Cookie Disclosure

DownShift uses Firebase Analytics and crash diagnostics to measure app performance and improve user experience. These tools collect anonymized usage patterns, session durations, and device diagnostics. No personally identifiable information is shared with analytics partners. You may opt out via in-app Settings → App Preferences → Analytics.

10. Limitation of Liability

In no event shall DownShift Automotive Pvt. Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages. DownShift's maximum aggregate liability to any user shall not exceed the total fees paid by that user to DownShift in the preceding three (3) calendar months, or ₹500, whichever is greater. Free-tier users acknowledge DownShift's liability is capped at ₹0.

11. Indemnification

You agree to defend, indemnify, and hold harmless DownShift Automotive Pvt. Ltd. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal and accounting fees — arising out of or in any way connected with your access to or use of the Services, your User Content, your violation of these Terms, or your infringement of any third-party rights.

12. Force Majeure

DownShift shall not be liable for any delay or failure to perform its obligations where such failure results from any cause beyond DownShift's reasonable control, including but not limited to acts of God, telecommunications failures, government actions, regulatory changes, power failures, civil unrest, natural disasters, or pandemic-related disruptions.

13. Dispute Resolution & Arbitration

Any disputes arising from or in connection with these Terms shall first be attempted to be resolved amicably through written notice to legal@downshift.in. If unresolved within 30 days, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (India), conducted by a sole arbitrator mutually appointed by both parties in Chennai, Tamil Nadu, India.

14. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed exclusively in accordance with the laws of India. Both parties submit to the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu, India for any matters not subject to arbitration.

15. AI and Estimations Disclaimer

Features such as the AI Car Scanner, Valuation Guide, and Service Cost Estimations are provided for informational purposes only. DownShift does not guarantee the exactness of AI-generated valuations, identifications, or cost estimates. Users should conduct their own research before making financial decisions.

16. Contact Information

If you have any questions about these Terms, please contact us at legal@downshift.in.