Terms of Service
1. Introduction
1.1 Purpose and Scope
1.2 Legal Entity and Jurisdiction (India)
1.3 International Applicability
1.4 Binding Nature of Agreement
1.5 Updates and Amendments to Terms
2. Eligibility and User Responsibilities
2.1 Eligibility Requirements (India + International)
2.2 Representation and Warranties by Users
2.3 User Responsibilities (Compliance, Authenticity, Security)
2.4 Prohibited Actions
2.5 Prohibited Content
3. User Accounts and Registration
3.1 Account Creation and Verification
3.2 Multiple Accounts and Misuse
3.3 Suspension and Termination
3.4 Identity and Background Verification Disclaimer
4. Content Rules
4.1 User-Generated Content (UGC)
4.2 Our Rights Over Content (Licensing, IP)
4.3 Restrictions on Use of Platform Content
4.4 Inappropriate Content and Reporting Mechanisms
5. Privacy and Data Protection
5.1 Applicability of Indian IT Act, 2000, and DPDP Act 2023
5.2 International Standards (GDPR, CCPA, etc.)
5.3 Consent and Processing of Data
5.4 Rights of Users
6. Intellectual Property Rights
6.1 Ownership of Platform Content
6.2 User Content Licensing
6.3 Third-Party Rights and DMCA Compliance
6.4 Trademark and Copyright Protection
7. Purchases, Subscriptions, and Payments
7.1 Payment Processing (Domestic + International Gateways)
7.2 Auto-Renewals and Cancellations
7.3 Refunds and Indian Consumer Law Obligations
7.4 Virtual Items and Digital Goods (Non-Refundable)
7.5 Installment/EMI Plans
8. Account Termination and Suspension
8.1 User-Initiated Termination
8.2 Company-Initiated Termination
8.3 Consequences of Termination
9. Disclaimers and Limitation of Liability
9.1 “As-Is” Services Disclaimer
9.2 Limitation of Liability (Indian + Global)
9.3 No Guarantee of Matches or Outcomes
10. Indemnification
10.1 User Obligations to Indemnify
10.2 Survival of Indemnification Post-Termination
11. Third-Party Content and Advertisements
11.1 Ads and Promotional Content
11.2 Third-Party Links and Liability
12. Governing Law and Jurisdiction
12.1 Indian Law Applicability
12.2 International Conflict of Laws
12.3 Jurisdiction for Indian Users (Courts in Mumbai)
12.4 Jurisdiction for International Users
13. Dispute Resolution
13.1 Informal Resolution Mechanism
13.2 Arbitration (Indian Arbitration Act, 1996)
13.3 International Users – Local Consumer Law Compliance
13.4 Class Action Waiver (where permissible)
14. Special Provisions by Region
14.1 India-Specific Rights (Consumer Protection Act)
14.2 EU/EEA Users – GDPR and Consumer Rights
14.3 U.S. Users – DMCA and Federal Laws
14.4 UK Users – Contractual Claims
14.5 Other Country-Specific Requirements
15. Miscellaneous
15.1 Entire Agreement
15.2 Assignment and Transfer
15.3 Waivers and Severability
15.4 Survival Clauses
15.5 Language and Interpretation
1. INTRODUCTION
By accessing or using the Services operated by Rusaka Technologies Private Limited, a company incorporated under the laws of India with its registered office at T-133, Moongipa Arcade, off Andheri Link Road, near Ganesh Chowk, D.N.Nagar, Andheri West, Mumbai, Maharashtra 400053, (“the Company,” “we,” “our,” or “us”), you (“you,” “your,” or “User”) agree to be bound by these Terms of Service (the “Terms” or “Agreement”). These Terms govern your access to and use of:
Our website [www.soulence.xyz] (the “Website”),
Our mobile applications (the “App”),
Any other digital services, platforms, products, or features we may offer, whether accessed in India or internationally (collectively, the “Services”).
This Agreement applies to all persons who access or use the Services, regardless of whether they register for an account, subscribe, or access the Services as a guest.
In addition to these Terms, your access and use of the Services are also governed by:
Our Privacy Policy,
Our Cookie Policy,
Any additional rules, guidelines, safety standards, or terms expressly referenced in these Terms or presented to you at the time of purchase or feature use (“Additional Terms”).
If you do not agree to be bound by these Terms, you must immediately cease access to and use of the Services.
Key Compliance Note: These Terms are drafted to comply with:
Indian law, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Consumer Protection Act, 2019, and the Indian Contract Act, 1872; and
International legal frameworks, to the extent applicable, including the General Data Protection Regulation (GDPR) for users in the European Union and European Economic Area, the UK GDPR, the California Consumer Privacy Act (CCPA), and other local consumer protection and data laws.
The Services may not be used in any jurisdiction where such use is prohibited by applicable law.
1.1 Purpose and Scope
1.1.1 The purpose of this Agreement is to set out the terms and conditions under which Users may access and use the Services, ensuring a safe, lawful, respectful, and transparent environment for interaction.
1.1.2 These Terms govern all aspects of the Services, including but not limited to:
User eligibility and responsibilities;
Rules relating to user-generated content and intellectual property;
Purchases, subscriptions, payments, refunds, and digital goods;
Privacy, security, and data protection obligations;
Prohibited actions, inappropriate content, and reporting mechanisms;
Rights and limitations of liability;
Dispute resolution procedures; and
Region-specific rights and obligations (for India and international jurisdictions).
1.1.3 The scope of these Terms extends globally, applying to all Users regardless of location. However, where specific jurisdictional laws (such as mandatory EU consumer rights or Indian consumer law protections) apply, such rights will be preserved and override conflicting provisions of these Terms.
1.1.4 These Terms are intended to be read together with all applicable policies referenced herein. In case of any conflict between these Terms and Additional Terms (e.g., subscription conditions), the Additional Terms shall prevail to the extent of the conflict.
1.2 Legal Entity and Jurisdiction (India)
1.2.1 The Services are owned and operated by [Your Company Name], a company incorporated under the provisions of the Companies Act, 2013, and having its registered office at [Registered Office Address in India] (hereinafter referred to as the “Company,” “we,” “our,” or “us”).
1.2.2 As an Indian legal entity, the Company is subject to and governed primarily by the laws of India, including but not limited to:
The Information Technology Act, 2000, together with the rules, guidelines, and notifications issued thereunder;
The Digital Personal Data Protection Act, 2023 (DPDP Act) and any subordinate legislation, insofar as it relates to the collection, storage, processing, and protection of personal data of Users;
The Consumer Protection Act, 2019, including its provisions on unfair trade practices, misleading advertisements, and e-commerce rules;
The Indian Contract Act, 1872, governing contracts entered into with Users; and
Any other applicable statutes, regulations, or legal obligations in force within the Republic of India.
1.2.3 Users located in India acknowledge and agree that any claims, disputes, or proceedings arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India, unless otherwise required by applicable Indian law.
1.2.4 For Users located outside India, these Terms are intended to extend to international usage of the Services. While the Company remains an Indian entity bound by Indian law, international Users may also have additional rights under the laws of their country of residence (e.g., GDPR in the EU/EEA, CCPA in California, UK GDPR in the United Kingdom). In the event of any conflict between Indian law and a mandatory law of a User’s jurisdiction, such mandatory law shall prevail for that User, solely to the extent of the conflict.
1.2.5 Nothing in these Terms shall be construed as creating a foreign entity or subsidiary of the Company in any jurisdiction. All Services are provided solely under the authority of the Indian entity, and references to compliance with international laws are to ensure that the Company provides Services in line with global legal standards.
1.3 International Applicability
1.3.1 While the Company is incorporated and operates under the laws of India, the Services are made accessible to Users worldwide. Accordingly, these Terms are intended to apply to all Users regardless of their country of residence or access, subject to mandatory local legal requirements.
1.3.2 Compliance with Local Laws
Users accessing the Services from outside India are responsible for ensuring that their use of the Services complies with the laws of their respective jurisdictions. The Company makes no representation or warranty that the Services are appropriate, lawful, or available for use in any particular country or territory. Where access or use of the Services is unlawful under local law, such access is strictly prohibited.
1.3.3 Recognition of Mandatory Consumer and Data Protection Rights
The Company acknowledges and respects mandatory consumer protection and data privacy rights of Users in other jurisdictions, including but not limited to:
The General Data Protection Regulation (EU) 2016/679 (GDPR) for Users located in the European Union and European Economic Area;
The UK General Data Protection Regulation and UK Data Protection Act 2018 for Users located in the United Kingdom;
The California Consumer Privacy Act (CCPA) of 2018 and its amendments for Users located in California, USA;
Any other local consumer protection or digital services regulations in jurisdictions where Users reside.
Where such rights apply mandatorily, they shall prevail over conflicting provisions of these Terms, but solely for the benefit of the relevant User in that jurisdiction.
1.3.4 Cross-Border Data Transfers
By using the Services, international Users acknowledge and consent that their personal data may be collected, stored, and processed in India or in other jurisdictions where the Company or its service providers operate, in compliance with applicable data protection laws (including DPDP Act 2023, GDPR, and similar frameworks). Adequate safeguards (such as contractual clauses, encryption, or other legally recognized transfer mechanisms) will be implemented to ensure the protection of personal data during such transfers.
1.3.5 International Enforcement Limitations
Although the Company strives to apply these Terms uniformly across jurisdictions, Users acknowledge that the Company’s enforcement powers may be limited outside India. To the fullest extent permitted by applicable law, Users agree that primary enforcement, interpretation, and resolution of disputes under these Terms shall be governed by Indian law and handled by the courts and arbitral institutions in India, unless mandatory international law requires otherwise.
1.4 Binding Nature of Agreement
1.4.1 Acceptance by Use
By accessing, downloading, installing, or using the Services in any manner (including browsing the Website, registering for an account, or interacting with other Users through the App), you acknowledge and agree that you have read, understood, and accepted these Terms, along with any Additional Terms, the Privacy Policy, and the Cookie Policy. Your continued use of the Services constitutes your ongoing acceptance of this Agreement.
1.4.2 Contractual Relationship
This Agreement establishes a legally binding contract between you (the “User”) and the Company. If you do not agree to these Terms, you must not access or use the Services. By accepting these Terms, you represent and warrant that you are legally competent to enter into binding agreements under the Indian Contract Act, 1872 (or under the applicable contract laws in your jurisdiction, if outside India).
1.4.3 Electronic Consent and Records
You agree that acceptance of these Terms through electronic means (such as clicking “I Agree,” checking a consent box, or continuing use of the Services) constitutes valid consent and execution of this Agreement under the Information Technology Act, 2000, and other applicable electronic transaction laws worldwide. You further agree that all communications, notices, and agreements provided electronically satisfy any legal requirement that such communications be in writing.
1.4.4 No Oral or Informal Modification
No oral statements, informal communications, or representations by the Company, its officers, employees, or agents shall modify or amend these Terms unless expressly incorporated in writing and formally published by the Company.
1.4.5 Binding on Successors and Assigns
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and permitted assigns. Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer its rights and obligations without restriction, provided such transfer complies with applicable law.
1.4.6 Survival of Obligations
Any provisions of this Agreement that, by their nature, are intended to survive termination (including but not limited to indemnification, limitation of liability, intellectual property, governing law, and dispute resolution) shall remain binding on Users even after termination of their account or cessation of use of the Services.
1.5 Updates and Amendments to Terms
1.5.1 Right to Modify
The Company reserves the right, at its sole discretion, to amend, modify, update, or replace these Terms, in whole or in part, at any time and for any reason, including but not limited to changes in legal or regulatory requirements, business operations, technological developments, or enhancements to the Services.
1.5.2 Notice of Changes
(a) Indian Users – In accordance with the Consumer Protection (E-Commerce) Rules, 2020, material changes to these Terms shall be communicated to Users through one or more of the following:
Posting the revised Terms on the Website and App with an updated “Effective Date”;
Sending notifications via email, SMS, or in-app messages to registered Users;
Publicly displaying the amendments in a clearly accessible section of the Services.
(b) International Users – Where required by local law (e.g., GDPR in the EU/EEA, UK consumer law, or U.S. state consumer laws), Users will be specifically informed of material amendments and may be required to provide renewed consent where legally mandated.
1.5.3 Effective Date of Changes
Unless otherwise specified, all updates and amendments shall become effective immediately upon posting. Continued access or use of the Services after the effective date of an update constitutes your acceptance of the revised Terms.
1.5.4 Material Changes and Consent
If we make material changes to sections concerning limitation of liability, dispute resolution, or data usage practices, we will, where legally required, obtain explicit renewed consent from Users. If you do not agree to such changes, you must discontinue use of the Services immediately and, if applicable, terminate your account.
1.5.5 Archival and Access
For transparency, prior versions of these Terms may be archived and made available upon request to Users. This ensures that you may review historical versions of this Agreement for reference in the event of disputes or compliance checks.
1.5.6 Severability of Amendments
If any amendment is deemed invalid, unlawful, or unenforceable under applicable law, such amendment shall be severed from the Terms without affecting the validity and enforceability of the remainder of the Agreement.
2. ELIGIBILITY AND USER RESPONSIBILITIES
Before creating an account or using the Services, Users must ensure that they meet all eligibility requirements under these Terms. This section sets out the minimum conditions for lawful use, as well as specific representations and warranties required from each User.
Failure to meet these eligibility requirements may result in suspension, termination, or denial of access to the Services.
2.1 Eligibility Requirements
2.1.1 Age Requirement
You must be at least 18 years of age to create an account or use the Services.
This requirement is in line with the Indian Majority Act, 1875 (which defines the age of majority) and similar global standards for contractual capacity.
If you are below 18, you are strictly prohibited from using the Services, and any account created in violation of this requirement will be subject to immediate termination.
2.1.2 Legal Capacity
You must have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872 or the equivalent laws of your jurisdiction if you are outside India.
By registering, you represent and warrant that you are not disqualified from contracting under applicable laws.
2.1.3 Geographic Restrictions
You may not use the Services if you are located in a jurisdiction where access to our Services is prohibited by law.
You may not use the Services if you are a resident of, or accessing from, a country or region subject to sanctions, embargoes, or restrictions imposed by the Government of India, the United Nations, the U.S. Government, the European Union, or other competent authorities (e.g., FATF blacklisted countries).
2.1.4 Restricted Users
You are not eligible to use the Services if:
You are listed on any government-maintained sanctions or restricted parties list (e.g., the Specially Designated Nationals List maintained by the U.S. Treasury Department, or equivalent lists in other jurisdictions).
You have been convicted of, or admitted to, crimes involving violence, sexual misconduct, fraud, or exploitation under the laws of India or any other jurisdiction.
You have previously been banned, suspended, or terminated from using the Services or any of the Company’s affiliated platforms, unless the Company has given express written consent to re-register.
2.1.5 Personal Use Only
The Services are intended solely for personal, non-commercial use. Corporations, partnerships, associations, or other entities are prohibited from creating accounts or using the Services for business, solicitation, or commercial purposes.
2.1.6 Ongoing Compliance
If at any point you cease to meet these eligibility requirements, your authorization to access or use the Services shall be automatically revoked, and you must immediately delete your account. The Company reserves the right to suspend or terminate your access at its sole discretion without prior notice.
2.2 Representations and Warranties by Users
By creating an account or using the Services, you represent, warrant, and covenant to the Company as follows:
2.2.1 Age and Capacity
You are at least 18 years of age and have full legal capacity to enter into this Agreement under the Indian Contract Act, 1872, or equivalent laws in your jurisdiction.
You are not otherwise disqualified from contracting by reason of age, incapacity, insolvency, or any other restriction under applicable law.
2.2.2 Compliance with Laws
Your use of the Services will comply at all times with applicable laws and regulations, including but not limited to:
Indian laws such as the Information Technology Act, 2000, DPDP Act, 2023, and Consumer Protection Act, 2019;
International laws including but not limited to GDPR, UK GDPR, CCPA, or other mandatory consumer and data protection laws in your jurisdiction.
You are not accessing or using the Services from a jurisdiction where such use is unlawful.
2.2.3 Truthfulness of Information
All information you provide to the Company, whether at registration or thereafter, is true, complete, accurate, and not misleading.
You will promptly update your account information to ensure it remains accurate and current at all times.
2.2.4 Good Conduct and Intent
You intend to use the Services only for lawful, respectful, and personal purposes in accordance with these Terms.
You will not use the Services to harass, defame, exploit, or otherwise harm other Users.
You will not use the Services for any commercial, political, or illegal activities (including but not limited to solicitation, trafficking, scams, money laundering, or election interference).
2.2.5 Absence of Prohibitions
You are not subject to any government sanctions, restrictions, or embargoes, including those imposed by India, the United States, the European Union, or the United Nations.
You have not been convicted of, and are not presently under investigation for, any crime involving violence, fraud, exploitation, or sexual misconduct in any jurisdiction.
2.2.6 Sole Account Ownership
You will maintain only one active account with the Services.
You will not share your account credentials or allow any third party to access your account.
You are solely responsible for maintaining the confidentiality and security of your login credentials.
2.2.7 Technology Use
You will access the Services only through interfaces and methods authorized by the Company.
You will not attempt to use unauthorized scripts, bots, automated tools, reverse engineering methods, or exploit vulnerabilities to gain access to or manipulate the Services.
2.3 User Responsibilities
By using the Services, you agree to comply with the following obligations. These responsibilities are ongoing conditions of your continued access to the Services.
2.3.1 Compliance with Terms and Policies
You shall read, understand, and comply with these Terms at all times.
You shall also comply with the Company’s Privacy Policy, Cookie Policy, and any Additional Terms communicated to you at the time of purchase or feature usage.
You shall regularly review updates to these Terms and remain informed of any changes.
2.3.2 Compliance with Applicable Laws
You shall comply with all applicable laws and regulations in India and in your country of residence, including but not limited to:
Data protection and privacy laws (e.g., DPDP Act 2023, GDPR, CCPA);
Anti-spam, anti-fraud, and cybersecurity laws;
Intellectual property laws; and
Consumer protection and e-commerce laws.
2.3.3 Respectful Conduct Towards Others
You shall treat all other Users with courtesy, dignity, and respect, both within and outside the Services.
You shall not harass, threaten, defame, stalk, abuse, or otherwise cause harm to other Users, directly or indirectly.
You shall not misuse the Services to spread hate speech, misinformation, or discriminatory content.
2.3.4 Respectful Conduct Towards Company Personnel
You shall be courteous and professional in your communications with the Company’s customer support, employees, representatives, and affiliates.
Abusive, harassing, or offensive behavior towards Company personnel may result in suspension or termination of your account.
2.3.5 Account Security and Confidentiality
You shall maintain the confidentiality of your login credentials and take reasonable measures to safeguard your account from unauthorized access.
You shall immediately notify the Company if you suspect unauthorized use of your account or breach of security.
You shall be solely responsible for all activity that occurs through your account, whether authorized by you or not.
2.3.6 Accurate Representation
You shall ensure that your profile, photos, and content are authentic and represent you accurately.
You shall not misrepresent your identity, qualifications, employment, or affiliations.
2.3.7 Device and Software Requirements
You shall use only the official versions of the Website and App and keep your devices and software updated to maintain compatibility and security.
You shall not use modified or “jailbroken” versions of the App or interfere with the Services through unauthorized technical methods.
2.3.8 Personal Responsibility for Content Shared
You shall use discretion when sharing personal information with other Users.
You acknowledge that any information you voluntarily share with other Users is at your own risk, and the Company is not liable for misuse of such information by third parties.
2.4 Prohibited Actions
You agree that, in connection with your access to and use of the Services, you shall not engage in any of the following actions, whether directly or indirectly. Engaging in any prohibited action may result in immediate suspension, restriction, or permanent termination of your account, without refund, and may also expose you to legal action under applicable laws.
2.4.1 Misrepresentation and Fraud
Misrepresent your identity, age, gender, employment, qualifications, or affiliations.
Impersonate any person, organization, or entity (including the Company, its employees, or another User).
Provide false, misleading, or fraudulent information to the Company or other Users.
2.4.2 Abuse of the Services
Use the Services in any manner that could damage, disable, overburden, or impair the platform or interfere with another User’s enjoyment of the Services.
Attempt to hack, gain unauthorized access to, or otherwise compromise the Services, servers, databases, or networks.
Circumvent, disable, or interfere with security features, firewalls, encryption systems, or access controls.
2.4.3 Illegal and Harmful Activities
Use the Services for unlawful purposes, including but not limited to:
Money laundering, terrorist financing, trafficking, scams, fraud, or phishing schemes;
Promotion of violence, extremism, terrorism, or hate speech;
Distribution of obscene, pornographic, or otherwise unlawful content under the Indian Penal Code, 1860 or similar laws internationally.
Solicit or engage in sexual exploitation, human trafficking, or child endangerment in violation of the Protection of Children from Sexual Offences Act, 2012 (POCSO) or equivalent global laws.
2.4.4 Harassment and Abuse of Others
Harass, threaten, defame, stalk, abuse, exploit, or otherwise harm other Users, either online or offline.
Engage in discriminatory or hateful conduct on the basis of race, caste, religion, gender, sexual orientation, nationality, disability, or other protected characteristics.
2.4.5 Misuse of Content
Post or share content that infringes on intellectual property rights, privacy rights, or proprietary rights of others.
Copy, reproduce, modify, or distribute content from the Services without authorization from the rightful owner.
Express or imply that any statements you make are endorsed by the Company without prior written consent.
2.4.6 Unauthorized Commercial or Political Activities
Use the Services for advertising, solicitation, marketing, or promotion of products, services, or employment opportunities.
Solicit money, gifts, or other forms of compensation from other Users.
Engage in political campaigning, lobbying, or activities aimed at influencing elections.
2.4.7 Technical Manipulation
Use bots, crawlers, scripts, automated tools, or other unauthorized technologies to collect data, manipulate outcomes, or disrupt the Services.
Upload or transmit viruses, malware, spyware, or other harmful code intended to damage or compromise systems.
Probe, scan, or test the vulnerability of the Services, networks, or infrastructure.
2.4.8 Account Abuse
Share your account with others or use another User’s account without authorization.
Create multiple accounts for deceptive purposes or to evade bans, suspensions, or restrictions.
Submit false, malicious, or frivolous reports against other Users.
2.4.9 Misuse of Payments and Features
Engage in fraudulent payment activities, including chargebacks, use of stolen credit/debit cards, or manipulation of refund systems.
Misuse subscription features, promotions, or digital goods in ways not intended by the Company.
2.5 Prohibited Content
You are strictly prohibited from posting, uploading, transmitting, displaying, or otherwise sharing any content (including text, images, audio, video, or any other material, collectively “Content”) on or through the Services that falls within the categories set out below. Any violation of this Section may result in immediate removal of such Content, suspension or termination of your account, and potential reporting to law enforcement authorities under applicable Indian or international law.
2.5.1 Offensive or Abusive Content
Content that is obscene, vulgar, profane, pornographic, sexually explicit, or otherwise offensive under the Indian Penal Code, 1860 or other applicable laws.
Content that harasses, threatens, defames, bullies, or abuses another person or group.
Content that promotes hatred, bigotry, racism, sexism, casteism, religious intolerance, or discrimination against individuals or groups based on protected characteristics.
2.5.2 Illegal Content
Content that promotes, incites, or facilitates illegal activity, including but not limited to:
Terrorism, extremism, or armed violence;
Human trafficking, exploitation, or sexual abuse;
Money laundering, financial fraud, or pyramid schemes;
Sale, distribution, or advertisement of narcotics, weapons, or contraband.
Content prohibited under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
2.5.3 Harmful or Dangerous Content
Content that promotes self-harm, suicide, disordered eating, or other activities harmful to health or safety.
Content encouraging dangerous challenges, stunts, or misinformation likely to cause injury or societal harm.
Content spreading false or misleading information in violation of applicable consumer protection and misinformation laws.
2.5.4 Infringing Content
Content that infringes any copyright, trademark, trade secret, patent, moral right, or other intellectual property or proprietary right of any person or entity.
Unauthorized use of logos, brand names, or proprietary content belonging to the Company or third parties.
Content copied, plagiarized, or automatically generated (e.g., by AI tools) without disclosure or authorization, where such use violates IP rights.
2.5.5 Unauthorized Personal or Financial Information
Content that reveals private information of yourself or others, including but not limited to:
Full names, addresses, phone numbers, email addresses;
Government-issued identification details (e.g., Aadhaar, PAN, Passport);
Financial details such as credit/debit card numbers, bank account details, UPI IDs, or peer-to-peer payment handles.
Content displaying minors (under 18) without parental or guardian consent, or any content that sexualizes minors.
2.5.6 Misleading or Manipulative Content
Content that is false, defamatory, or misleading, including fake news, impersonations, and falsified documents.
Deepfakes, manipulated media, or synthetic content presented as authentic without disclosure.
Content designed to scam, deceive, or extract money, gifts, or favors from other Users.
2.5.7 Commercial or Solicitation Content
Advertisements, promotions, or solicitations for products, services, employment, investment opportunities, or “sugar daddy/sugar baby” arrangements.
Links, QR codes, or referrals to external websites, platforms, or contact methods intended to bypass the Services.
Spam, junk mail, chain letters, or mass unsolicited messages.
2.5.8 Malware and Technical Threats
Content containing viruses, trojans, worms, spyware, adware, corrupted files, or other malicious code.
Content designed to disrupt, damage, or gain unauthorized access to the Services, networks, or third-party systems.
2.5.9 Content Harmful to the Company or Its Reputation
Content that disparages, defames, or misrepresents the Company, its Services, or its affiliates.
Content encouraging misuse of the Services, exploitation of vulnerabilities, or evasion of enforcement mechanisms.
3. USER ACCOUNTS AND REGISTRATION
To access and use certain features of the Services, Users are required to create an account. This section governs the process of account creation, verification, and ongoing responsibilities associated with maintaining an account.
The Company reserves the right to accept or reject account registrations, suspend or terminate accounts, and enforce compliance with these Terms in accordance with applicable Indian and international law.
3.1 Account Creation and Verification
3.1.1 Registration Requirement
To access restricted features of the Services (such as messaging, premium subscriptions, or content sharing), you must register for an account by providing accurate, complete, and verifiable information, including but not limited to:
Full name,
Date of birth (to verify age eligibility under Section 2.1),
A valid mobile number and/or email address,
Profile information (such as images, gender identity, and preferences), and
Any additional information reasonably requested by the Company.
3.1.2 Verification Process
The Company may require you to verify your identity through email/SMS verification, government-issued ID submission, biometric authentication, or other lawful verification methods, as permitted under the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 (DPDP Act).
Verification may also be conducted in compliance with applicable international regulations (e.g., GDPR, CCPA) where required for Users outside India.
The Company reserves the right to deny or revoke account creation if verification is incomplete, inaccurate, fraudulent, or otherwise unsatisfactory.
3.1.3 Accuracy of Information
You represent and warrant that all information provided during account creation is true, complete, and accurate, and you agree to promptly update your information to maintain its accuracy.
Providing false, misleading, or incomplete information may result in suspension, termination, or permanent ban of your account, without refund of any fees paid.
3.1.4 Personal Use Only
Accounts are intended for personal, non-commercial use only.
You may not create or use an account on behalf of a company, organization, partnership, or other entity.
You may not sell, rent, transfer, or otherwise allow third parties to access your account.
3.1.5 One Account Rule
Each User is permitted to maintain only one active account at any time.
The creation of duplicate accounts, whether to bypass bans, exploit features, or engage in prohibited activities, is strictly forbidden.
Any violation may result in termination of all associated accounts.
3.1.6 Security Obligations
You are solely responsible for safeguarding your account credentials, including your username, password, and any authentication methods.
You must immediately notify the Company of any unauthorized access, suspected breach, or compromise of your account.
The Company shall not be liable for any loss or damage arising from unauthorized access caused by your failure to secure your account.
3.1.7 Conditional Access
The Company reserves the right to suspend, restrict, or deny account registration or access for Users who fail to meet eligibility criteria (Section 2.1) or provide incomplete/false information.
Accounts may also be subject to suspension pending investigation of suspected violations of these Terms.
3.2 Multiple Accounts and Misuse
3.2.1 Single Account Principle
Each User is permitted to create and maintain only one active account on the Services at any given time.
The creation, maintenance, or use of multiple accounts by the same individual is prohibited, unless expressly authorized in writing by the Company.
3.2.2 Duplicate Accounts
Duplicate accounts created for any reason — including, but not limited to, avoiding restrictions, obtaining promotional benefits, impersonating others, or exploiting Service features — shall be deemed a violation of these Terms.
The Company reserves the right to merge, suspend, or permanently terminate any or all accounts associated with a User found to have created duplicates.
3.2.3 Account Sharing
You may not share, sell, rent, or otherwise permit any third party to access your account.
Allowing others to use your account, even with consent, is strictly prohibited and may result in immediate suspension or termination.
3.2.4 Misuse of Account Features
Accounts must be used solely for legitimate, personal, and non-commercial purposes.
The following shall be deemed misuse of account features:
Using an account for commercial solicitation, advertising, or recruitment;
Using an account for political campaigning or election influence;
Using an account for fraudulent activities, scams, or money extraction schemes;
Misrepresenting yourself, your affiliations, or your intent in interactions with other Users.
3.2.5 Fraudulent or Malicious Accounts
Accounts created with stolen identities, falsified credentials, bots, automated systems, or deceptive practices will be terminated immediately.
Such activity may be reported to appropriate authorities under the Information Technology Act, 2000, the Indian Penal Code, 1860, and relevant international cybercrime or fraud statutes.
3.2.6 Consequences of Misuse
If the Company determines that you have engaged in multiple account creation or misuse, it may take one or more of the following actions at its sole discretion:
Suspend or permanently terminate your account(s);
Revoke access to Services without refund of fees paid;
Forfeit any benefits, promotions, or credits gained through misuse;
Report the violation to legal or regulatory authorities where applicable.
3.3 Suspension and Termination
3.3.1 Company’s Right to Suspend or Terminate
The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently terminate your account if:
You violate or breach any provision of these Terms or applicable law;
You engage in prohibited actions (Section 2.4) or share prohibited content (Section 2.5);
You misuse your account or create multiple accounts in violation of Section 3.2;
You are suspected of fraud, impersonation, exploitation, harassment, or illegal conduct;
Your actions threaten the safety, security, or reputation of the Company, its Users, or its Services.
3.3.2 Immediate Termination Grounds
The Company may terminate your account immediately, without notice, refund, or liability, if:
You are found guilty of, or under investigation for, criminal offenses involving violence, sexual misconduct, fraud, or cybercrime;
You upload content that endangers children, promotes terrorism, or violates the Protection of Children from Sexual Offences Act, 2012 (POCSO) or equivalent international child safety laws;
You engage in activity that poses significant harm to other Users or the Company.
3.3.3 User-Initiated Termination
You may terminate your account at any time by using the account deletion feature in the App or Website, or by submitting a written request to the Company.
Termination will not automatically cancel or refund any active subscriptions. Users must cancel subscriptions separately as per Section 7.2 (Auto-Renewals and Cancellations).
3.3.4 Effect of Suspension or Termination
Upon suspension or termination, your right to access the Services shall immediately cease.
The Company may retain, archive, or delete your Content in accordance with its Privacy Policy and applicable law.
Any rights, obligations, or liabilities incurred before the date of suspension or termination shall survive and continue to bind you.
3.3.5 Appeals
If you believe your account has been wrongfully suspended or terminated, you may file an appeal through the Company’s support channels.
The Company is not obliged to reinstate an account and retains sole discretion in resolving appeals.
3.3.6 No Liability
To the maximum extent permitted by applicable law, the Company shall not be liable to you or any third party for suspension, restriction, or termination of access to the Services.
3.4 Identity and Background Verification Disclaimer
3.4.1 No Guarantee of Verification
The Company does not routinely conduct criminal background checks, identity verification, or screening of Users, unless expressly required by applicable law or deemed necessary for safety and compliance purposes.
While we may use certain tools (such as ID verification, AI-based fraud detection, or public record searches), we do not make any representation or warranty as to the truthfulness, conduct, intentions, or identity of any User.
3.4.2 User Responsibility
You acknowledge and agree that you are solely responsible for exercising caution, due diligence, and sound judgment when interacting with other Users, whether online or offline.
You should never share financial, personal, or sensitive information with other Users unless you are fully comfortable doing so and accept the risks involved.
3.4.3 Company’s Reserved Rights
The Company reserves the right, at its sole discretion, to conduct background checks, identity verification, or screening of any User at any time, including but not limited to:
Criminal record checks;
Sex offender registry searches;
Verification of government-issued identification documents;
Other lawful verification methods.
By using the Services, you expressly authorize the Company to conduct such checks if required under Indian law (including under the Information Technology Act, 2000, and related rules) or where mandated by applicable international laws.
3.4.4 No Liability for Third-Party Conduct
The Company shall not be liable for the conduct, actions, or omissions of any User, whether online or offline.
Use of the Services is entirely at your own risk. You are encouraged to review our Safety Guidelines before engaging with other Users.
3.4.5 No Endorsement
The Company does not endorse, recommend, or guarantee the compatibility, character, or safety of any User.
Any communications, meetings, or interactions you choose to engage in with other Users are solely at your discretion and risk.
4. CONTENT RULES
The Services allow Users to create, upload, display, transmit, and share various forms of content, including text, images, audio, video, and other materials (“Content”). This Section sets out the rules governing User-Generated Content (UGC), rights and obligations of Users, and the Company’s rights with respect to such Content.
The Company reserves the right to monitor, review, restrict, or remove Content at its sole discretion where it believes such Content violates these Terms, applicable law, or community standards.
4.1 User-Generated Content (UGC)
4.1.1 User Responsibility for Content
You are solely responsible for all Content that you post, upload, display, transmit, or share through the Services.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to post such Content without infringing the rights of any third party.
You acknowledge that posting Content on the Services may make it publicly visible to other Users (and, depending on features, globally accessible), and you accept the associated risks.
4.1.2 Compliance with Content Standards
All Content you submit must comply with:
The prohibitions outlined in Section 2.5 (Prohibited Content);
Applicable Indian laws, including the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
International laws on copyright, defamation, child protection, and data privacy (e.g., GDPR, DMCA, COPPA).
4.1.3 No Sensitive or Restricted Information
You must not post or include in your profile or Content:
Personal contact information (phone numbers, email addresses, home addresses, Aadhaar/PAN details, banking or payment credentials);
Information of minors (under 18 years), unless with the express consent of their parent/guardian and in compliance with applicable child protection laws;
Any confidential, proprietary, or classified material that you do not have the right to disclose.
4.1.4 License Granted to the Company
By posting Content on or through the Services, you grant the Company a worldwide, royalty-free, non-exclusive, transferable, sublicensable, irrevocable license to host, use, reproduce, adapt, publish, display, distribute, and otherwise make available your Content for the purposes of operating, promoting, and improving the Services.
This license survives termination of your account to the extent reasonably necessary for the Company to comply with legal obligations, resolve disputes, or enforce its rights.
4.1.5 Monitoring and Removal
The Company reserves the right, but has no obligation, to:
Monitor or review any Content posted by Users;
Remove, restrict, edit, or disable access to Content that violates these Terms or applicable law;
Report unlawful Content to regulatory or law enforcement authorities in India or abroad, where appropriate.
4.1.6 No Liability for User Content
The Company does not endorse, support, or guarantee the accuracy, integrity, or quality of User Content.
You acknowledge that by using the Services, you may be exposed to Content that is offensive, harmful, inaccurate, misleading, or otherwise objectionable.
To the fullest extent permitted by law, the Company disclaims all liability for User Content and for any damages resulting from your reliance on such Content.
4.2 Our Rights Over Content (Licensing & Intellectual Property)
4.2.1 Ownership of Platform Content
All text, graphics, images, designs, software, source code, databases, audio, video, user interface elements, logos, trademarks, trade names, service marks, features, and other materials created, owned, or licensed by the Company (collectively, “Company Content”) are the exclusive property of the Company and/or its licensors.
Company Content is protected under applicable Indian intellectual property laws (including the Copyright Act, 1957, the Trade Marks Act, 1999, and the Patents Act, 1970) as well as international treaties and conventions (such as the Berne Convention and TRIPS Agreement).
4.2.2 Limited License Granted to Users
Subject to compliance with these Terms, the Company grants Users a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to access and use the Company Content solely for personal, non-commercial purposes, and only in connection with legitimate use of the Services.
This license does not convey any ownership rights in Company Content and may be revoked by the Company at any time, with or without cause.
4.2.3 Prohibited Uses of Company Content
Users shall not, without the Company’s prior written consent:
Copy, reproduce, adapt, modify, translate, distribute, or create derivative works from Company Content;
Reverse engineer, decompile, disassemble, or attempt to extract the source code of any software or systems forming part of the Services;
Use Company Content for commercial purposes, advertising, solicitation, or unauthorized public display;
Remove, obscure, or alter any copyright, trademark, or proprietary notices on Company Content.
4.2.4 Third-Party Content
Certain content accessible through the Services may be owned by third parties (e.g., licensors, partners, advertisers). Such content remains the property of its respective owners and may be subject to additional terms and conditions.
The Company does not grant Users any rights with respect to third-party content beyond what is expressly permitted under applicable law or through a specific license.
4.2.5 Reservation of Rights
All rights not expressly granted to Users under these Terms are reserved by the Company and its licensors.
Unauthorized use of Company Content may result in suspension or termination of your account and may also give rise to civil or criminal liability under applicable law.
4.2.6 Reporting Infringement
If you believe that Company Content or User Content infringes your intellectual property rights, you may notify the Company in writing with sufficient details to enable review.
The Company will respond in accordance with applicable Indian IP laws and, where relevant, international frameworks such as the Digital Millennium Copyright Act (DMCA) and the EU Copyright Directive.
4.3 Restrictions on Use of Platform Content
In addition to the limitations set out in Section 4.2, you agree that you shall not, under any circumstances, directly or indirectly, engage in any of the following activities with respect to the Company Content or the Services:
4.3.1 Unauthorized Copying and Distribution
Copy, reproduce, download, modify, adapt, translate, publish, broadcast, transmit, display, perform, distribute, or otherwise exploit any portion of the Company Content without the Company’s prior written consent.
4.3.2 Reverse Engineering and Technical Exploitation
Decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms, or underlying structure of the Services, except where such activity is expressly permitted by applicable law and cannot be lawfully restricted.
4.3.3 Commercial Use Prohibition
Use Company Content or the Services for any commercial purpose, including but not limited to:
Advertising or solicitation;
Sale or resale of features, subscriptions, or access rights;
Unauthorized provision of Services on behalf of third parties.
4.3.4 Derivative Works and Modifications
Create derivative works, modifications, or enhancements of the Company Content without prior authorization.
Use any data mining, robots, crawlers, scrapers, or similar tools to extract, analyze, or reproduce Company Content or User Content.
4.3.5 Framing, Linking, and Misrepresentation
Frame, mirror, or otherwise replicate any part of the Services on another website or platform.
Use meta-tags, hidden text, or metadata that misrepresent or infringe upon the Company’s intellectual property rights.
Expressly or impliedly state, suggest, or represent that the Company endorses or is affiliated with you or your activities without prior written consent.
4.3.6 Circumvention of Access Controls
Bypass, disable, or interfere with digital rights management systems, encryption, or security features protecting Company Content.
Access or attempt to access restricted sections of the Services without authorization.
4.3.7 Unauthorized Storage or Transfers
Store, copy, or transfer any portion of the Company Content onto unauthorized servers, devices, cloud services, or third-party applications.
Use the Services to develop, train, or operate artificial intelligence or machine learning models, except where explicitly permitted in writing by the Company.
4.3.8 Harm to the Company’s Reputation
Use Company Content in a manner that disparages, tarnishes, or damages the Company’s reputation, goodwill, or business interests.
Publish, distribute, or circulate altered, distorted, or misleading versions of Company Content.
4.4 Inappropriate Content and Reporting Mechanisms
4.4.1 Zero Tolerance Policy
The Company maintains a zero tolerance policy for inappropriate, unlawful, or harmful Content on the Services.
“Inappropriate Content” includes any material that violates these Terms, Section 2.5 (Prohibited Content), applicable Indian laws (such as the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021), or international legal standards.
4.4.2 Right to Remove or Restrict Content
The Company reserves the right, at its sole discretion, to:
Monitor and review Content posted by Users;
Remove, restrict, edit, or disable access to Content deemed inappropriate or unlawful;
Suspend or terminate accounts that repeatedly post or share Inappropriate Content;
Report violations to relevant law enforcement or regulatory authorities in India or abroad, where required.
4.4.3 User Reporting Mechanisms
Users are encouraged and empowered to report Inappropriate Content by:
Using the in-app “Report” feature or flagging tools provided within the Services;
Submitting a report through the Company’s designated Grievance Officer in accordance with the IT Rules 2021;
Contacting customer support via email or web form with sufficient details (e.g., screenshots, profile links, time/date of incident).
Reports must be made in good faith. Submitting false or malicious reports may itself constitute a violation of these Terms.
4.4.4 Moderation Process
Upon receipt of a report, the Company will:
Acknowledge receipt within the time required by law (for India, as per IT Rules 2021, generally within 24 hours);
Conduct an internal review, which may include automated detection tools and/or human moderators;
Remove or disable access to clearly unlawful or harmful Content within the statutory timeframe (for India, typically 36 hours), or as soon as reasonably practicable.
4.4.5 Appeals by Users
If your Content has been removed or your account has been suspended due to Inappropriate Content, you may appeal the decision by submitting a request through the Company’s grievance process.
The Company shall review such appeals fairly but retains sole discretion in reinstating or permanently removing Content or accounts.
4.4.6 Cross-Platform Enforcement
The Company may, where necessary, share information about repeat offenders with affiliated platforms, partner services, or regulators to prevent circumvention of bans.
This may include blocking the creation of new accounts by Users who have been previously suspended for Inappropriate Content.
4.4.7 No Liability for User Content
The Company does not guarantee that it will identify or remove all Inappropriate Content immediately.
To the fullest extent permitted by law, the Company disclaims liability for Content created by Users and relies on its safe harbor protections under Indian IT law and equivalent international intermediary liability frameworks.
5. PRIVACY AND DATA PROTECTION
The Company is committed to protecting the privacy and personal data of its Users in accordance with applicable Indian laws and recognized international frameworks. By using the Services, you consent to the collection, storage, processing, transfer, and disclosure of your personal data in accordance with these Terms and our Privacy Policy.
This Section outlines the legal foundations, obligations, and protections governing how User data is handled.
5.1 Applicability of Indian IT Act, 2000 and Digital Personal Data Protection Act, 2023 (DPDP Act)
5.1.1 Governing Indian Law
As the Company is incorporated and operates under Indian law, the collection, use, and processing of personal data is primarily governed by:
The Information Technology Act, 2000, including Section 43A (compensation for failure to protect data) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
The Digital Personal Data Protection Act, 2023 (DPDP Act), which establishes obligations for Data Fiduciaries (the Company) and rights for Data Principals (Users).
5.1.2 Role of the Company
Under the DPDP Act, the Company acts as a Data Fiduciary and is responsible for ensuring that User data is processed lawfully, fairly, and securely.
The Company may also engage Data Processors (third-party vendors, cloud providers, analytics services) for specific functions, in compliance with contractual safeguards.
5.1.3 User Rights under Indian Law
Users (Data Principals) have the following rights under the DPDP Act, subject to applicable conditions and exemptions:
Right to Access – to obtain confirmation and summary of your personal data being processed.
Right to Correction and Erasure – to request correction, updating, or erasure of inaccurate or unnecessary data.
Right to Grievance Redressal – to lodge complaints with the Company’s Grievance Officer.
Right to Nominate – to nominate another individual to exercise rights in case of death or incapacity.
5.1.4 Obligations of the Company under Indian Law
The Company shall:
Collect and process only such personal data as is necessary for lawful purposes connected to the Services;
Obtain valid consent from Users where required (explicit or deemed consent under the DPDP Act);
Implement reasonable security safeguards (including encryption, access controls, and periodic audits) to prevent unauthorized access, disclosure, or misuse;
Notify the Data Protection Board of India (DPBI) and affected Users in the event of a significant personal data breach, as required by law;
Retain personal data only for as long as necessary for the purposes stated, unless required to be retained by applicable law.
5.1.5 Grievance Redressal (India)
In compliance with the IT Act and DPDP Act, the Company shall appoint a Grievance Officer, whose name and contact details will be published in the Privacy Policy and on the Website/App.
The Grievance Officer shall respond to User complaints within the statutory timelines (e.g., 24 hours acknowledgment and 7 days resolution for certain IT Rule 2021 complaints).
5.1.6 Applicability to Sensitive Data
“Sensitive personal data or information” (SPDI) as defined under Indian law — such as financial information, health data, biometric identifiers, or official IDs — shall be collected only when strictly necessary and with explicit consent.
Such data shall be stored and processed with heightened security safeguards.
5.2 International Standards (GDPR, CCPA, and Other Frameworks)
5.2.1 Applicability to International Users
While the Company is incorporated under Indian law, it acknowledges that Users located outside India may be entitled to additional rights under the data protection and privacy laws of their respective jurisdictions.
To the extent applicable, the Company will comply with these laws or provide equivalent protections, including but not limited to:
The General Data Protection Regulation (GDPR) for Users in the European Union (EU) and European Economic Area (EEA);
The UK GDPR and the Data Protection Act 2018 for Users in the United Kingdom;
The California Consumer Privacy Act of 2018 (CCPA), as amended by the CPRA, for Users in California, United States;
Other mandatory consumer and privacy protections applicable in Users’ jurisdictions (e.g., Canada’s PIPEDA, Australia’s Privacy Act).
5.2.2 Rights of EU/EEA/UK Users under GDPR/UK GDPR
If you are located in the EU, EEA, or UK, you may have the following rights under GDPR/UK GDPR:
Right of Access – to request copies of your personal data.
Right to Rectification – to request correction of inaccurate or incomplete data.
Right to Erasure (“Right to be Forgotten”) – to request deletion of your personal data when no longer necessary or where consent has been withdrawn.
Right to Restriction of Processing – to restrict the use of your data under certain conditions.
Right to Data Portability – to request a copy of your personal data in a structured, machine-readable format.
Right to Object – to object to the processing of your personal data for certain purposes, including direct marketing.
Rights Related to Automated Decision-Making – to request human intervention in cases where decisions significantly affecting you are made solely by automated processing.
5.2.3 Rights of California Users under CCPA/CPRA
If you are a California resident, you may have the following rights under the CCPA/CPRA:
Right to Know – to request disclosure of the categories and specific pieces of personal information collected, the sources of collection, and purposes of use.
Right to Deletion – to request that the Company delete personal information collected about you, subject to exceptions.
Right to Opt-Out of Sale/Sharing – to opt out of the sale or sharing of your personal information to third parties.
Right to Non-Discrimination – to be free from discrimination in pricing or services for exercising privacy rights.
Right to Correct – to request correction of inaccurate personal information.
Right to Limit Use of Sensitive Information – to restrict the use of sensitive personal data to what is necessary for providing the Services.
5.2.4 Cross-Border Data Transfers
By using the Services, international Users consent to the transfer, processing, and storage of their personal data in India or other jurisdictions where the Company or its service providers operate.
The Company will implement appropriate legal mechanisms to safeguard such transfers, including:
Standard Contractual Clauses (SCCs) or equivalent safeguards for EU/EEA/UK Users;
Binding contractual and technical safeguards (e.g., encryption, anonymization) for Users in other jurisdictions.
5.2.5 Transparency and Consent
International Users will be provided clear, transparent notices of how their data is collected, processed, and shared, in compliance with applicable international privacy frameworks.
Where local law requires, the Company will obtain explicit consent (e.g., for processing sensitive data, cross-border transfers, or marketing communications).
5.2.6 Exercising International Privacy Rights
Users wishing to exercise their rights under GDPR, CCPA, or other applicable privacy laws may submit a request to the Company via the contact details provided in the Privacy Policy.
The Company will verify the User’s identity before responding and will comply with statutory response timelines (e.g., 30 days for GDPR requests, 45 days for CCPA requests).
5.3 Consent and Processing of Data
5.3.1 Requirement of Consent
The Company shall obtain valid, informed consent from Users before collecting, processing, or sharing their personal data, unless such processing is permitted without consent under applicable law (e.g., for compliance with legal obligations, performance of a contract, or legitimate business interests).
Under the Digital Personal Data Protection Act, 2023 (India), consent must be:
Free, specific, informed, unconditional, and unambiguous;
Given through clear affirmative action;
Capable of being withdrawn at any time.
For Users in the EU/EEA/UK, consent shall be obtained and processed in accordance with GDPR/UK GDPR standards.
For Users in California, data processing practices will respect CCPA/CPRA rights including the right to opt out of data “sale” or “sharing.”
5.3.2 Purpose Limitation
Personal data will only be processed for purposes that are clear, lawful, and reasonably connected to the functioning of the Services, including but not limited to:
Account creation, authentication, and verification;
Communication between Users;
Service improvements, personalization, and feature enhancements;
Fraud prevention, security, and legal compliance;
Marketing and promotional activities (where consent has been given).
Any processing beyond the stated purposes will require fresh, explicit consent.
5.3.3 Data Minimization and Necessity
The Company shall collect and process only such personal data as is necessary and proportionate to provide the Services.
Unnecessary or irrelevant data shall not be collected or retained.
5.3.4 Withdrawal of Consent
Users may withdraw their consent at any time through in-app privacy settings, account management tools, or by contacting the Company directly.
Upon withdrawal of consent:
Processing of the relevant data shall cease unless another lawful basis applies;
The User may lose access to certain features or Services that rely on such data;
The Company will delete or anonymize data where required by law.
5.3.5 Children’s Consent
The Services are not intended for individuals under 18 years of age (see Section 2.1).
The Company does not knowingly collect or process data of minors. If such data is inadvertently collected, it will be deleted upon discovery, unless retention is legally required.
In jurisdictions where local law permits access by minors with parental/guardian consent (e.g., GDPR requires parental consent for children under 16, subject to Member State law), the Company will comply with such rules where applicable.
5.3.6 Special Categories of Data
The Company does not intentionally process sensitive categories of personal data unless strictly necessary, such as:
Financial details (only for subscription/payment processing);
Biometric data (only where required for security/verification);
Health or sexual orientation data (only if voluntarily disclosed by the User in their profile).
Explicit consent will be obtained before processing such data, and enhanced security safeguards will apply.
5.3.7 Record of Consent
The Company will maintain a record of consents obtained, including the User’s identity, method of consent, time/date, and scope of consent, in compliance with the DPDP Act 2023 and GDPR Article 7.
5.4 Rights of Users
Users (“Data Principals”) are entitled to exercise certain rights concerning their personal data. These rights derive from Indian law and, where applicable, international data protection laws. The Company shall provide mechanisms to facilitate these rights in accordance with statutory timelines and conditions.
5.4.1 Rights under Indian Law (DPDP Act, IT Act)
As per the Digital Personal Data Protection Act, 2023 (DPDP Act) and the Information Technology Act, 2000, Users in India have the following rights:
Right to Access – to obtain confirmation of whether the Company is processing your personal data, and a summary of such data.
Right to Correction and Erasure – to request correction of inaccurate, incomplete, or outdated personal data, and deletion of data that is no longer necessary or where consent has been withdrawn.
Right to Nominate – to nominate another individual to exercise your rights in case of death or incapacity.
Right to Grievance Redressal – to lodge complaints with the Company’s Grievance Officer, whose details will be published in the Privacy Policy and on the Website/App.
Right to be Informed – to be notified in case of a personal data breach affecting your information, in compliance with statutory obligations.
5.4.2 Rights under GDPR/UK GDPR (EU/EEA/UK Users)
For Users in the EU, EEA, and UK, the following rights apply under GDPR and UK GDPR:
Right of Access (Art. 15) – to receive confirmation and details of personal data processing.
Right to Rectification (Art. 16) – to correct inaccurate or incomplete personal data.
Right to Erasure (Art. 17) – to request deletion of personal data where consent is withdrawn, processing is unlawful, or data is no longer necessary.
Right to Restriction of Processing (Art. 18) – to restrict data processing under specific conditions.
Right to Data Portability (Art. 20) – to receive personal data in a structured, machine-readable format and transfer it to another controller.
Right to Object (Art. 21) – to object to data processing, including for direct marketing.
Rights regarding Automated Decision-Making (Art. 22) – to request human intervention where decisions significantly affecting you are made solely by automated means.
5.4.3 Rights under CCPA/CPRA (California Users)
For Users residing in California, the following rights apply under CCPA/CPRA:
Right to Know – to request disclosure of the categories, sources, and purposes of personal information collected.
Right to Access Specific Data – to request a copy of the personal information collected in the preceding 12 months.
Right to Deletion – to request deletion of personal information, subject to legal and contractual exceptions.
Right to Opt-Out of Sale/Sharing – to opt out of the sale or sharing of personal information with third parties.
Right to Correction – to request correction of inaccurate personal data.
Right to Limit Use of Sensitive Data – to restrict use of sensitive personal information to core service functions.
Right to Non-Discrimination – to not be denied services, charged higher prices, or offered lower quality for exercising privacy rights.
5.4.4 Exercising Rights
Users may exercise their rights by contacting the Company through the channels provided in the Privacy Policy.
Requests must include sufficient information to verify the User’s identity and scope of the request.
The Company may decline or limit requests where:
Fulfillment would conflict with legal, regulatory, or contractual obligations;
The request is manifestly excessive, repetitive, or unfounded;
The information requested cannot be disclosed for security, legal, or confidentiality reasons.
5.4.5 Response Timelines
Indian Users – requests shall be acknowledged within statutory timelines (e.g., grievance acknowledgment within 24 hours; resolution within 7 days under IT Rules 2021, where applicable).
GDPR/UK GDPR Users – requests shall be processed within 30 days, extendable by an additional 60 days for complex cases.
CCPA/CPRA Users – requests shall be processed within 45 days, extendable once by 45 days with notice.
5.4.6 Appeals and Supervisory Authorities
Users dissatisfied with the Company’s response may escalate their complaint to:
The Data Protection Board of India (DPBI) for Indian Users;
The relevant Supervisory Authority in their EU/EEA/UK jurisdiction;
The California Attorney General or designated regulator for California Users.
6. INTELLECTUAL PROPERTY RIGHTS
This Section governs the ownership, licensing, and protection of intellectual property associated with the Services, including Company Content, trademarks, and technology. It establishes the Company’s exclusive rights while defining the limited rights granted to Users.
6.1 Ownership of Platform Content
6.1.1 Exclusive Ownership
All rights, title, and interest in and to the Services, including but not limited to the Website, mobile applications, software, source code, databases, design, text, graphics, images, photographs, video, audio, user interfaces, interactive features, trademarks, service marks, trade names, logos, domain names, and all other materials or content (“Company Content”), are the exclusive property of the Company and/or its licensors.
Such Company Content is protected under:
Indian law, including the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, and the Designs Act, 2000;
International intellectual property treaties, including the Berne Convention, Paris Convention, TRIPS Agreement, and WIPO-administered treaties.
6.1.2 No Transfer of Ownership
Nothing in these Terms shall be construed as transferring, assigning, or granting ownership rights in Company Content to Users.
Users are granted only a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for personal, non-commercial purposes, as further detailed in Section 6.
6.1.3 Reservation of Rights
The Company expressly reserves all rights not expressly granted to Users under these Terms.
Unauthorized use of Company Content may result in immediate suspension or termination of access to the Services and may expose the User to civil and criminal liability under applicable laws.
6.1.4 Trademarks
All trademarks, service marks, logos, trade dress, and brand elements associated with the Company or the Services are proprietary to the Company.
Users may not use these marks without prior written authorization, except as necessary for lawful, personal use of the Services.
Any unauthorized use, imitation, or modification of these marks constitutes infringement and will be enforced under the Trade Marks Act, 1999 and applicable international laws.
6.1.5 Third-Party Rights
Certain features or content within the Services may include third-party intellectual property (e.g., licensed media, APIs, or plugins). Such IP remains the property of the respective third parties and may be subject to additional licensing terms.
The Company disclaims ownership of such third-party rights and makes them available strictly under their respective licenses.
6.2 User Content Licensing
6.2.1 Ownership by Users
Users retain all rights, title, and interest in and to the content they create, upload, post, display, or otherwise share on or through the Services (“User Content”), subject to the license granted to the Company under these Terms.
Nothing in these Terms shall be construed as transferring ownership of User Content to the Company.
6.2.2 License to the Company
By posting or sharing User Content on or through the Services, you grant the Company a worldwide, royalty-free, non-exclusive, transferable, sublicensable, irrevocable license to:
Use, host, store, reproduce, adapt, modify, publish, display, distribute, and otherwise make available your User Content;
Process and analyze your User Content for the purposes of operating, maintaining, developing, improving, and promoting the Services;
Use your User Content in aggregated, anonymized, or derivative forms for analytics, AI/ML model training, safety monitoring, and research purposes, provided it does not personally identify you without your consent.
6.2.3 Duration of License
The license granted under Section 6.2.2 continues for as long as your User Content remains on the Services and, to the extent reasonably necessary, after termination of your account to:
Comply with legal obligations (e.g., law enforcement requests, regulatory requirements);
Resolve disputes, enforce agreements, and protect the safety of Users;
Maintain backups and archives consistent with the Company’s data retention policies.
6.2.4 Public Visibility
Depending on the features of the Services, User Content you submit may be visible to other Users or to the general public. You are solely responsible for adjusting privacy settings and controlling the audience for your Content.
6.2.5 Waiver of Certain Rights
To the maximum extent permitted by applicable law, you waive any moral rights or rights of attribution in your User Content, in favor of the Company, its affiliates, and sublicensees, to enable lawful use consistent with these Terms.
Nothing in this Section affects your statutory moral rights where such waiver is not legally enforceable (e.g., in certain jurisdictions under EU copyright law).
6.2.6 No Compensation
You acknowledge and agree that you will not receive any financial or other compensation for the license granted to the Company under this Section, unless expressly agreed in writing.
6.2.7 Third-Party Access
Certain features of the Services may allow User Content to be shared with or accessed by third-party partners (e.g., cloud hosting, analytics, advertising).
By submitting User Content, you authorize the Company to provide access to such third parties, subject to contractual safeguards to protect your rights.
6.3 Third-Party Rights and DMCA Compliance
6.3.1 Respect for Third-Party Rights
The Company respects the intellectual property rights of third parties and expects all Users to do the same.
Users must not upload, post, or share any content that infringes upon the copyright, trademark, trade secret, or other proprietary rights of a third party.
Any use of third-party intellectual property must be properly authorized or fall within a recognized legal exception (e.g., fair use, fair dealing under the Indian Copyright Act, 1957).
6.3.2 Reporting Infringement (Notice Process)
If you believe that your intellectual property rights have been infringed by Content posted on the Services, you may submit a written notice to the Company’s designated Grievance Officer or Copyright Agent, including the following details:
Identification of the copyrighted or trademarked work claimed to have been infringed;
Identification of the infringing Content (URL, profile name, screenshots, or other details);
Your name, address, contact number, and email address;
A statement that you have a good-faith belief that the use of the Content is not authorized by the rights holder, its agent, or applicable law;
A statement that the information provided in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner;
Your physical or electronic signature.
6.3.3 Company Response to Notices
Upon receipt of a valid infringement notice, the Company will:
Promptly acknowledge the notice;
Review the reported Content;
Remove or disable access to infringing Content within legally required timelines (e.g., 36 hours under Indian IT Rules 2021; “expeditiously” under the U.S. DMCA).
The Company may also suspend or terminate repeat infringers’ accounts in accordance with Section 3.3.
6.3.4 Counter-Notice Process (for Users)
If your Content has been removed pursuant to an infringement notice and you believe the removal was in error or that you have authorization, you may submit a counter-notice containing:
Identification of the removed Content and its prior location;
A statement, under penalty of perjury, that you have a good-faith belief the Content was removed due to mistake or misidentification;
Your name, address, contact number, and email address;
A statement consenting to the jurisdiction of the courts in Mumbai, India, or, if you are an international User, in your local jurisdiction where legally required;
Your physical or electronic signature.
Upon receipt of a valid counter-notice, the Company may restore the Content unless the original complainant initiates legal proceedings within the statutory timeframe.
6.3.5 Safe Harbor Protection
The Company claims safe harbor protection as an intermediary under Section 79 of the Information Technology Act, 2000 in India, and as a service provider under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 in the United States.
This means the Company is not liable for third-party Content hosted on its platform, provided it acts promptly to remove or disable access to infringing material upon receiving valid notice.
6.3.6 Repeat Infringer Policy
In accordance with both Indian law and international standards (including the DMCA), the Company has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, Users who are repeat infringers of intellectual property rights.
6.4 Trademark and Copyright Protection
6.4.1 Company Trademarks
All trademarks, service marks, logos, trade dress, brand names, and associated visual identity elements used in connection with the Services (“Company Marks”) are the exclusive property of the Company and/or its licensors.
These Company Marks are registered or pending registration under the Trade Marks Act, 1999 (India) and may also be protected under international treaties such as the Madrid Protocol and the Paris Convention.
Unauthorized use, imitation, dilution, or modification of the Company Marks is strictly prohibited and constitutes infringement.
6.4.2 Copyrighted Works
All original works created by or for the Company, including but not limited to software code, design assets, content, promotional materials, and documentation (“Company Copyrighted Works”), are protected under the Indian Copyright Act, 1957, as well as under the Berne Convention for the Protection of Literary and Artistic Works and other international copyright treaties.
Users may not copy, reproduce, distribute, or create derivative works of the Company Copyrighted Works without prior written authorization.
6.4.3 Prohibited Uses of Company IP
Users are strictly prohibited from:
Using Company Marks or Copyrighted Works in connection with any product, service, or platform that is not affiliated with the Company;
Registering or attempting to register domain names, social media accounts, or business names that include or imitate Company Marks;
Creating misleading, defamatory, or disparaging associations with Company Marks or Copyrighted Works;
Using Company IP in advertising, endorsements, or sponsorships without express written consent.
6.4.4 Reporting Infringements
The Company actively monitors misuse of its trademarks and copyrighted works.
Users or third parties who become aware of unauthorized use of Company IP should report it to the Company’s designated Grievance Officer or Legal Department with supporting details.
The Company will take appropriate action, including sending cease-and-desist notices, pursuing legal remedies, and cooperating with authorities.
6.4.5 Enforcement and Penalties
Unauthorized use of Company IP may result in:
Suspension or termination of User accounts;
Civil action for damages, injunctions, and recovery of legal costs under Indian law and international IP frameworks;
Criminal prosecution for willful infringement under the Indian Penal Code, 1860 and applicable copyright or trademark statutes.
6.4.6 Reservation of Rights
The Company expressly reserves all rights to its trademarks, copyrighted works, and other intellectual property not expressly granted under these Terms.
No User or third party acquires any rights, title, or interest in Company IP except as expressly permitted for lawful, personal use of the Services.
7. PURCHASES, SUBSCRIPTIONS, AND PAYMENTS
Certain features of the Services may require payment, including but not limited to premium subscriptions, in-app purchases, and access to exclusive content or digital goods. This Section governs how such payments are processed, the rights and obligations of Users, and the Company’s policies regarding renewals, refunds, and cancellations.
7.1 Payment Processing (Domestic + International Gateways)
7.1.1 Authorized Payment Methods
Users may purchase subscriptions, credits, or other paid features using authorized payment methods, which may include:
Credit and debit cards (Visa, Mastercard, RuPay, etc.);
Unified Payments Interface (UPI) and net banking (for Indian Users);
Mobile wallets, prepaid instruments, and payment aggregators authorized by the Reserve Bank of India (RBI);
International payment gateways (e.g., PayPal, Stripe, Apple Pay, Google Pay) for Users outside India;
Any additional methods introduced by the Company from time to time.
7.1.2 Payment Processors
Payments may be processed directly by the Company or through third-party payment processors, subject to their terms and conditions.
The Company is not responsible for errors, delays, or failures caused by third-party processors, except to the extent required by applicable law.
By making a payment, you authorize the Company and its designated processors to debit your account, card, wallet, or other payment instrument for the selected purchase.
7.1.3 Currency and Exchange Rates
Payments shall be charged in the currency displayed at the time of purchase.
For Indian Users, payments shall generally be processed in Indian Rupees (INR) in compliance with RBI regulations.
For international Users, payments may be charged in local currencies or in U.S. Dollars (USD), depending on the gateway used.
Where conversion is required, exchange rates and foreign transaction fees are determined by your bank, card issuer, or payment processor, and not by the Company.
7.1.4 Taxes and Withholdings
Users are responsible for paying all applicable taxes, levies, and duties arising from purchases, including but not limited to Goods and Services Tax (GST) in India and any applicable value-added tax (VAT) or sales tax internationally.
The Company may collect and remit such taxes where legally required.
Users shall not withhold or deduct any taxes unless required by applicable law. If withholding is required, Users agree to gross up the payment so the Company receives the full amount invoiced.
7.1.5 Accuracy of Billing Information
Users must provide complete, accurate, and current billing and payment information.
Failure to update billing information may result in suspension of access to paid features until corrected.
The Company may request additional verification (e.g., government ID, bank confirmation) before processing high-value or suspicious transactions.
7.1.6 Security of Payments
All payment information will be processed using secure encryption technologies and in compliance with PCI-DSS standards.
The Company does not store full card details on its servers, except as tokenized information required for recurring billing, in compliance with RBI’s card-on-file tokenization guidelines and applicable global regulations.
7.1.7 Failed Transactions and Chargebacks
If a payment fails due to insufficient funds, expired cards, incorrect details, or bank refusal, the User remains responsible for completing the transaction.
In the event of a chargeback or reversal initiated by the User, the Company reserves the right to:
Suspend or terminate the User’s access to paid features;
Recover the outstanding amounts through lawful means;
Levy administrative fees for chargeback disputes.
7.2 Auto-Renewals and Cancellations
7.2.1 Auto-Renewal of Subscriptions
Unless otherwise stated at the time of purchase, all paid subscriptions (monthly, quarterly, annual, or otherwise) are set to automatically renew at the end of their billing cycle.
By purchasing a subscription, you authorize the Company (and its payment processors) to automatically charge your selected payment method at the start of each renewal period, unless you cancel prior to renewal.
Renewal rates will be the same as the initial subscription rate unless otherwise notified in advance, subject to applicable taxes and fees.
7.2.2 User Cancellation Rights
You may cancel your subscription at any time through the in-app subscription settings, account dashboard, or by contacting customer support.
Cancellations will take effect at the end of the current billing cycle, and you will continue to have access to paid features until that time.
The Company does not provide partial refunds or credits for unused portions of a subscription period, unless required by applicable law (e.g., EU consumer law, certain state laws in the U.S.).
7.2.3 Free Trials and Promotional Offers
If a subscription includes a free trial, you must cancel before the end of the trial period to avoid being charged.
Once a promotional trial converts to a paid subscription, standard auto-renewal terms will apply.
7.2.4 Price Changes and Notice
The Company reserves the right to modify subscription prices at its discretion.
For existing subscriptions, any price change will take effect only upon the next renewal period and after providing you with reasonable advance notice (at least 30 days for EU/EEA Users, and as required under Indian Consumer Protection (E-Commerce) Rules, 2020).
If you do not agree to the revised price, you must cancel your subscription before the renewal date.
7.2.5 App Store Subscriptions
If you purchased your subscription through a third-party app store (e.g., Apple App Store, Google Play Store), cancellation and renewal policies may be governed by that platform’s terms.
You are responsible for managing and canceling such subscriptions directly through the relevant app store.
7.2.6 Termination by the Company
The Company reserves the right to suspend or terminate a subscription at any time for violations of these Terms, in which case Users will not be entitled to refunds, except as required by applicable law.
7.2.7 Refund Exceptions
While subscriptions are generally non-refundable, refunds may be granted:
Where legally mandated (e.g., under EU consumer withdrawal rights, or in cases of defective services under the Indian Consumer Protection Act, 2019);
In cases of duplicate charges or verified technical errors in billing;
At the Company’s sole discretion on a case-by-case basis.
7.3 Refunds and Indian Consumer Law Obligations
7.3.1 General Refund Policy
All purchases of subscriptions, credits, and digital goods are non-refundable, except as expressly provided in these Terms or as required by applicable law.
Refund requests must be submitted through official customer support channels and will be reviewed on a case-by-case basis.
7.3.2 Refunds under Indian Law
Under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, Indian Users may be entitled to refunds in the following cases:
Where a service is not delivered or is materially deficient;
Where payment was charged in error or due to technical malfunction;
Where duplicate charges were incurred;
Where otherwise required by a consumer authority or competent court.
Refunds will be processed in the original mode of payment within the legally prescribed period (typically 7–14 business days from approval).
7.3.3 Refunds under International Law
EU/EEA/UK Users – Under applicable consumer protection law, Users may have a statutory “cooling-off” period of 14 days from purchase, during which they may cancel for a full refund, unless:
They expressly consented to immediate service delivery and acknowledged waiver of withdrawal rights (common for digital subscriptions).
U.S. Users – Refunds will be provided where required under applicable state consumer protection laws (e.g., certain states mandate refunds for defective or undelivered services).
Other Jurisdictions – Refund rights will be respected to the extent mandated by local law.
7.3.4 No Refunds in Certain Cases
Refunds will not be granted where:
The User voluntarily cancels a subscription mid-cycle (except where required by law);
Services were used substantially before cancellation;
The refund request is based on dissatisfaction with matches, outcomes, or other subjective elements of the Services;
The refund request is fraudulent, abusive, or repetitive in nature.
7.3.5 Refund Method
Refunds, where approved, will be credited back to the original payment method used.
Where the original method is unavailable or has expired, refunds may be processed via alternate methods (e.g., UPI, bank transfer, PayPal), at the Company’s discretion.
Transaction and processing fees may be deducted where permitted by law.
7.3.6 Disputed Payments
If you dispute a charge with your bank, card issuer, or payment provider (e.g., via chargeback), you must also notify the Company immediately.
The Company reserves the right to suspend or terminate your account during resolution of the dispute.
If the dispute is resolved in the Company’s favor, you remain liable for the original charge plus any associated fees.
7.4 Virtual Items and Digital Goods (Non-Refundable)
7.4.1 Nature of Virtual Items
The Services may offer Users the ability to purchase or earn access to virtual items, credits, tokens, boosts, premium filters, or other forms of digital goods (“Virtual Items”).
Virtual Items are intangible digital products with no cash value, no property rights, and no monetary equivalence outside the Services.
7.4.2 Limited License to Use
By purchasing or receiving Virtual Items, you are granted a limited, revocable, non-transferable, non-sublicensable license to use such Virtual Items solely within the Services for personal, non-commercial purposes.
You do not acquire any ownership rights in Virtual Items, and they cannot be sold, transferred, or exchanged outside the platform.
7.4.3 Non-Refundable and Non-Exchangeable
All purchases of Virtual Items are final and non-refundable, except where required by applicable law (e.g., in cases of defective or non-delivered digital goods).
Virtual Items cannot be exchanged for real currency, goods, services, or other consideration.
7.4.4 Expiration and Termination
Virtual Items may be subject to expiration, usage limitations, or removal at the Company’s discretion.
If your account is suspended or terminated for violating these Terms, you forfeit all Virtual Items without refund or compensation.
7.4.5 Fraud and Abuse
Any attempt to manipulate, hack, duplicate, or fraudulently acquire Virtual Items is strictly prohibited.
The Company reserves the right to revoke, cancel, or adjust Virtual Items in cases of fraud, abuse, or system error.
7.5 Installment/EMI Plans
7.5.1 Availability
The Company may, at its discretion, offer installment-based payment options (“EMI Plans”) through banks, credit card issuers, or third-party financial partners, for subscription or high-value purchases.
EMI Plans, where available, will be displayed at the time of checkout.
7.5.2 Terms of EMI Plans
EMI Plans are subject to the terms and conditions of the issuing bank or financial partner, including applicable interest rates, processing fees, and penalties for late payments.
By opting for an EMI Plan, you agree to abide by the terms imposed by the financial institution, in addition to these Terms.
7.5.3 Liability for Payments
You remain solely responsible for ensuring timely payment of all installments.
The Company is not responsible for penalties, additional interest, or consequences arising from delayed or missed installment payments.
7.5.4 Early Termination
If your subscription is canceled or your account is terminated before the EMI Plan is fully paid, you remain liable to the financial institution for all outstanding installments.
No refunds will be issued by the Company in respect of partially paid EMI Plans.
7.5.5 Taxes and Compliance
EMI Plans will be subject to applicable taxes (e.g., GST in India, VAT internationally), which shall be factored into the installment schedule.
The Company will comply with RBI and other regulatory guidelines relating to installment offerings in India.
8. ACCOUNT TERMINATION AND SUSPENSION
The Company reserves the right to suspend, restrict, or terminate User accounts where necessary to protect the integrity of the Services, comply with legal obligations, or enforce these Terms. This Section governs both voluntary and involuntary account closures.
8.1 User-Initiated Termination
8.1.1 Voluntary Deletion
You may terminate your account at any time by using the in-app “Delete Account” option or by submitting a written request to the Company’s support team.
Account deletion is permanent and results in the removal of your profile, matches, and communications, subject to retention obligations under law (see 8.3).
8.1.2 Subscription Impact
Terminating your account does not automatically cancel any active subscription purchased through the Services or via third-party app stores (Apple, Google, etc.).
You remain responsible for canceling subscriptions separately under Section 7.2 (Auto-Renewals and Cancellations).
8.1.3 Data Backup Responsibility
Prior to termination, you are solely responsible for exporting or backing up any data or content you wish to retain.
The Company is not obligated to recover or restore data once your account has been deleted.
8.2 Company-Initiated Termination
8.2.1 Grounds for Suspension or Termination
The Company may suspend, restrict, or terminate your account, without prior notice, for reasons including but not limited to:
Violation of these Terms, including prohibited actions (Section 2.4) and prohibited content (Section 2.5);
Misrepresentation, fraud, impersonation, or identity falsification;
Harassment, abuse, or harmful conduct towards other Users or Company personnel;
Illegal or unlawful activity, including activity prohibited under the Information Technology Act, 2000, Indian Penal Code, 1860, or equivalent international laws;
Non-payment or fraudulent payment activities, including chargebacks or payment disputes;
Repeated reports of inappropriate behavior or content by other Users;
Threats to platform security, integrity, or operational stability.
8.2.2 Immediate Termination
The Company may immediately terminate accounts, without notice or refund, if:
You engage in activity involving child sexual abuse material (CSAM), human trafficking, or terrorism;
You are found to be a repeat intellectual property infringer under Section 6.3.6;
You pose a significant and imminent risk to the safety of Users or the public.
8.2.3 Suspension Pending Investigation
In cases of suspected violations, the Company may temporarily suspend your account while investigating the matter.
If no violation is found, access will be restored; if violations are confirmed, permanent termination may follow.
8.3 Consequences of Termination
8.3.1 Loss of Access
Upon termination (by you or the Company), your right to access the Services immediately ceases.
All licenses granted to you under these Terms shall automatically terminate.
8.3.2 Content Handling
The Company may retain, archive, or delete your content at its discretion, subject to:
Legal retention requirements under the DPDP Act, 2023 and other applicable laws;
Law enforcement or regulatory obligations;
Backup and disaster recovery protocols.
Other Users with whom you interacted may still retain copies of messages, content, or data shared with them.
8.3.3 Virtual Items and Subscriptions
You forfeit all Virtual Items, credits, and unused subscription periods upon termination, without refund, except where legally mandated under Section 7.3 (Refunds).
8.3.4 Survival of Provisions
The following provisions shall survive termination:
Intellectual Property Rights (Section 6);
Limitation of Liability (Section 9);
Indemnification (Section 10);
Governing Law and Dispute Resolution (Sections 12 and 13);
Privacy and Data Retention obligations (Section 5).
8.3.5 Enforcement and Reporting
Termination does not prevent the Company from pursuing civil, criminal, or regulatory remedies against you for violations of these Terms.
The Company may report illegal activities to competent authorities in India or internationally.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
The Services are offered as an online platform to connect individuals. The Company does not guarantee any specific results from the use of the Services. This Section defines the scope of warranties disclaimed and limits the Company’s liability to the maximum extent permitted by applicable law.
9.1 “As-Is” Services Disclaimer
9.1.1 No Warranties
The Services are provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
Warranties relating to the reliability, timeliness, accuracy, completeness, or availability of the Services;
Warranties against interruption, errors, viruses, or security breaches.
9.1.2 Third-Party Services
The Company does not warrant or guarantee any products, services, or content provided by third parties, including payment processors, advertisers, or linked platforms.
Your interactions with third-party services are at your sole risk and subject to their terms and conditions.
9.2 Limitation of Liability (Indian + Global)
9.2.1 General Limitation
To the maximum extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to:
Loss of profits, data, goodwill, reputation, or business opportunities;
Emotional distress, personal injury, or harm caused by interactions with other Users;
Unauthorized access, use, or alteration of your data.
9.2.2 Indian Law Compliance
This limitation of liability shall apply in accordance with the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, provided that nothing in these Terms shall exclude or limit liability where such exclusion is prohibited by Indian law (e.g., liability for fraud, gross negligence, or willful misconduct).
9.2.3 International Standards
For Users in jurisdictions that do not allow certain liability exclusions (e.g., EU, UK, certain U.S. states), the Company’s liability shall be limited to the maximum extent permitted by local law.
In the EU/EEA and UK, mandatory consumer rights under GDPR and applicable consumer protection laws shall prevail.
In California, liability limitations shall comply with the California Civil Code and CCPA/CPRA obligations.
9.2.4 Aggregate Liability Cap
In no event shall the Company’s total liability to any User, whether in contract, tort (including negligence), or otherwise, exceed the greater of:
The total subscription fees paid by the User to the Company in the 12 months preceding the claim; or
INR 10,000 (ten thousand Indian Rupees) for Indian Users, or the equivalent of USD $150 for international Users.
9.3 No Guarantee of Matches or Outcomes
9.3.1 Platform Role
The Services are designed to facilitate introductions and interactions between Users. The Company does not control or verify User conduct, intentions, or compatibility.
The Company makes no representation or warranty regarding the accuracy, suitability, or success of matches made through the Services.
9.3.2 User Responsibility
You are solely responsible for your decisions, actions, and interactions with other Users, whether online or offline.
The Company does not guarantee safety, success, long-term compatibility, or any particular outcome from using the Services.
9.3.3 Waiver of Claims
To the fullest extent permitted by law, you release the Company from any claims, demands, or damages arising out of:
Your interactions with other Users;
Dissatisfaction with matches, communications, or outcomes;
Failure to find compatible connections through the Services.
10. INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to their use of the Services in violation of these Terms or applicable law.
10.1 User Obligations to Indemnify
You agree to indemnify, defend, and hold harmless the Company from any claim, liability, or expense arising from or related to:
Violation of Terms – Any breach of these Terms, including but not limited to Sections 2.4 (Prohibited Actions) and 2.5 (Prohibited Content).
Illegal or Unlawful Use – Use of the Services for unlawful purposes under the Information Technology Act, 2000, the Indian Penal Code, 1860, or equivalent laws in other jurisdictions.
User Content – Any claim that your User Content infringes or violates the intellectual property, privacy, publicity, or contractual rights of a third party.
Interactions with Other Users – Any dispute, harm, injury, or damage (emotional, financial, physical, or reputational) arising from interactions, meetings, or communications with other Users, whether online or offline.
Third-Party Services – Any liability arising out of your dealings with third-party services, payment processors, advertisers, or linked platforms accessed through the Services.
Fraud and Misrepresentation – Any fraudulent, false, or misleading statements, actions, or omissions made by you on or in connection with the Services.
Regulatory or Government Action – Any investigation, penalty, or enforcement action by regulators, courts, or government authorities caused by your unlawful use of the Services.
10.2 Survival of Indemnification Post-Termination
Your indemnification obligations under this Section shall survive termination, suspension, or deletion of your account, as well as your cessation of use of the Services.
The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with such defense.
This survival ensures that the Company can pursue indemnification even after you have ceased using the Services, to cover damages, claims, or proceedings that arise later.
11. THIRD-PARTY CONTENT AND ADVERTISEMENTS
The Services may contain content, features, and links provided by third parties, including advertisements, promotions, sponsored posts, and external websites or applications. This Section governs the Company’s relationship with third-party content and clarifies User responsibilities when engaging with such content.
11.1 Ads and Promotional Content
11.1.1 Display of Advertisements
The Company may display third-party advertisements, promotions, and sponsored content within the Services, including banners, interstitials, in-app cards, push notifications, or video ads.
By using the Services, you acknowledge and consent to the display of such advertising, unless you have opted for an ad-free premium subscription plan (where available).
11.1.2 No Endorsement
The inclusion of advertisements or promotional content does not constitute endorsement, recommendation, or guarantee by the Company of the advertised products, services, or entities.
Users are solely responsible for verifying the accuracy, suitability, and legality of any third-party product or service before engaging in a transaction.
11.1.3 User Dealings with Advertisers
Any interaction, communication, or transaction between you and a third-party advertiser is solely between you and the advertiser.
The Company is not responsible or liable for:
The quality, safety, legality, or performance of advertised products or services;
Delivery, fulfillment, or warranty obligations of third-party offerings;
Losses or damages arising from reliance on advertisements.
11.1.4 Targeted Advertising
The Company may use data (collected in accordance with Section 5: Privacy and Data Protection) to deliver targeted or interest-based advertisements.
Users may opt out of personalized advertising where legally required (e.g., GDPR, CCPA opt-outs).
11.2 Third-Party Links and Liability
11.2.1 External Links
The Services may contain links to third-party websites, apps, or services. These links are provided for convenience and informational purposes only.
The Company does not control, operate, or monitor such third-party platforms and is not responsible for their content, privacy practices, or security.
11.2.2 User Responsibility
By clicking on a third-party link, you acknowledge that you are leaving the Services and are subject to the terms and policies of the third-party platform.
You access such links at your own risk. The Company encourages you to review the privacy policies and terms of service of third-party platforms before engaging.
11.2.3 No Liability for Third-Party Content
To the fullest extent permitted by law, the Company disclaims all liability for third-party content, links, and advertisements, including but not limited to:
Errors, inaccuracies, or omissions in third-party material;
Damages or losses caused by reliance on third-party content;
Malware, phishing, or fraudulent schemes originating from third-party links.
11.2.4 Removal of Links
The Company reserves the right, but not the obligation, to remove or restrict access to third-party links that it reasonably believes are unlawful, harmful, or misleading.
12. GOVERNING LAW AND JURISDICTION
These Terms are legally binding and enforceable under Indian law and, where applicable, international legal frameworks. This Section defines the governing law and jurisdiction rules for resolving disputes between Users and the Company.
12.1 Indian Law Applicability
These Terms shall be governed, interpreted, and enforced in accordance with the laws of the Republic of India, without regard to conflict of law principles.
Key applicable statutes include (but are not limited to):
The Indian Contract Act, 1872;
The Information Technology Act, 2000, including intermediary liability provisions;
The Digital Personal Data Protection Act, 2023 (DPDP Act);
The Consumer Protection Act, 2019 and E-Commerce Rules, 2020;
The Copyright Act, 1957 and Trade Marks Act, 1999.
In the event of ambiguity, interpretation shall be consistent with Indian statutes, regulations, and judicial precedents.
12.2 International Conflict of Laws
For Users outside India, these Terms are intended to apply to the fullest extent permitted by local law.
Where mandatory consumer protection or data privacy laws of a User’s jurisdiction (e.g., GDPR, UK GDPR, CCPA, or EU consumer rights) grant additional protections, such laws shall apply solely to the extent they override conflicting provisions of these Terms.
To the extent permissible, disputes shall still be interpreted under Indian law, except where mandatory provisions of local law require otherwise.
12.3 Jurisdiction for Indian Users (Courts in Mumbai)
For Users residing in or accessing the Services from India, you agree that any claim, dispute, or legal proceeding arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Mumbai, Maharashtra, India.
Users expressly waive any objection to venue or jurisdiction on grounds of inconvenience or otherwise.
12.4 Jurisdiction for International Users
For Users outside India, disputes shall generally be governed by Indian law (Section 12.1). However, where local law requires, Users may also have the right to bring claims in:
Their local courts, under applicable consumer law frameworks (e.g., EU/EEA consumer claims under EU law);
Other competent authorities as mandated by applicable law.
The Company does not submit to the jurisdiction of foreign courts voluntarily, except where such jurisdiction is mandatory under local consumer protection or data privacy laws.
In all cases, the primary seat of jurisdiction remains India, unless expressly required otherwise by non-waivable international law.
13. DISPUTE RESOLUTION
The Company is committed to resolving disputes fairly, efficiently, and in compliance with applicable Indian and international laws. This Section establishes the framework for resolving disputes between Users and the Company.
13.1 Informal Resolution Mechanism
Before initiating legal or arbitral proceedings, Users must first attempt to resolve disputes informally with the Company.
Users may initiate informal resolution by submitting a detailed written complaint to the Company’s designated Grievance Officer (see Privacy Policy for contact details).
The Company will acknowledge receipt of the complaint within 24 hours (as per Indian IT Rules, 2021) and endeavor to resolve the issue within 15 business days.
If the matter is not resolved informally within 30 days, the User may proceed under the formal dispute resolution mechanisms outlined below.
13.2 Arbitration (Indian Arbitration Act, 1996)
For Users in India (or where arbitration is not restricted by law), disputes that cannot be resolved informally shall be referred to and finally resolved by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (India).
The arbitration shall be conducted as follows:
Seat and Venue: Mumbai, Maharashtra, India.
Language: English.
Number of Arbitrators: One (1), appointed jointly by both parties, or if not agreed, by the Mumbai Centre for International Arbitration (MCIA).
Rules: The arbitration shall be conducted under the rules of the MCIA, unless otherwise agreed.
The arbitral award shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
13.3 International Users – Local Consumer Law Compliance
For Users outside India, the dispute resolution framework in Section 13.2 shall apply, except where mandatory consumer protection or data privacy laws grant you the right to bring disputes before:
Your local consumer courts;
A relevant data protection authority; or
Another competent regulatory body in your jurisdiction.
Nothing in these Terms is intended to limit such mandatory rights. However, where permissible, Users outside India agree that disputes shall first be attempted under Section 13.1 (Informal Resolution).
13.4 Class Action Waiver (where permissible)
To the fullest extent permitted by applicable law, you agree that disputes with the Company shall be resolved on an individual basis only, and not as part of a class, consolidated, collective, or representative action.
You waive any right to participate in or initiate class or group proceedings against the Company, whether in arbitration, litigation, or otherwise.
If a court or regulator determines that this waiver is unenforceable in a particular jurisdiction (e.g., certain EU Member States), this clause shall not apply to Users in that jurisdiction, but all other provisions of these Terms remain in force.
14. SPECIAL PROVISIONS BY REGION
While these Terms are governed primarily by Indian law (see Section 12), Users in different jurisdictions may be entitled to additional protections under local laws. This Section outlines region-specific provisions that supplement (and, where mandatory, override) the general Terms.
14.1 India-Specific Rights (Consumer Protection Act)
Indian Users are entitled to statutory rights under the Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020.
These include:
The right to be informed of product/service details, including pricing, features, and refund policies;
The right to fair and transparent terms of service, free from unfair trade practices;
The right to lodge grievances with the Company’s Grievance Officer, who must acknowledge complaints within 24 hours and resolve them within 7 days, where applicable under IT Rules 2021;
The right to approach the Central Consumer Protection Authority (CCPA) or consumer courts for unresolved complaints.
Nothing in these Terms shall limit or exclude your statutory consumer rights under Indian law.
14.2 EU/EEA Users – GDPR and Consumer Rights
For Users in the European Union and European Economic Area, the following provisions apply in addition to the general Terms:
Data Protection: Your personal data is processed in compliance with the General Data Protection Regulation (GDPR – EU 2016/679). You may exercise rights under GDPR (see Section 5.2).
Consumer Rights Directive (2011/83/EU): You may have a statutory 14-day “cooling-off period” to cancel digital purchases, unless you have expressly agreed to immediate service delivery and waived such rights.
Jurisdiction: You may bring consumer claims before your local courts, notwithstanding Section 12, where EU law mandates local jurisdiction.
14.3 U.S. Users – DMCA and Federal Laws
For Users in the United States, the following apply:
DMCA Compliance: You are protected under the Digital Millennium Copyright Act (DMCA) notice-and-takedown process (see Section 6.3).
CCPA/CPRA: California Users are entitled to the privacy rights outlined under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) (see Section 5.2.3).
Federal Arbitration Act (FAA): Where arbitration applies, it will be subject to the FAA and relevant state arbitration laws, except where overridden by mandatory state consumer rights.
No Waiver of Mandatory State Rights: Certain U.S. states (e.g., California, New York, Massachusetts) impose non-waivable consumer protection obligations, which shall prevail.
14.4 UK Users – Contractual Claims
For Users in the United Kingdom:
Your personal data is processed in compliance with the UK GDPR and Data Protection Act 2018 (see Section 5.2).
You may have rights under the Consumer Rights Act 2015, including remedies for defective or misrepresented digital services.
You may bring contractual or consumer claims before your local UK courts, where such jurisdiction cannot be waived under law.
14.5 Other Country-Specific Requirements
Users outside India, EU/EEA, UK, or U.S. may also be entitled to protections under their local laws, including:
Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to data handling.
Australia: The Privacy Act 1988 and Australian Consumer Law apply to digital service rights.
Singapore: The Personal Data Protection Act 2012 (PDPA) applies to data processing.
Other Jurisdictions: The Company will comply with mandatory local consumer protection and privacy laws where required, but reserves the right to limit Service availability in jurisdictions where compliance is not feasible.
15. MISCELLANEOUS
This Section contains general provisions that apply to the Terms of Service as a whole and ensure their continued enforceability, even if certain clauses are challenged.
15.1 Entire Agreement
These Terms, along with the Privacy Policy, any supplemental guidelines, and policies expressly referenced herein, constitute the entire agreement between you and the Company regarding the Services.
They supersede all prior or contemporaneous communications, proposals, negotiations, or agreements (oral or written), unless expressly incorporated by reference.
No oral statement, marketing material, or prior discussion shall override these Terms unless expressly agreed in writing by the Company.
15.2 Assignment and Transfer
You may not assign, transfer, or delegate your rights or obligations under these Terms without the Company’s prior written consent. Any attempted assignment without consent shall be null and void.
The Company may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with mergers, acquisitions, restructurings, or transfers of assets.
These Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.
15.3 Waivers and Severability
No failure or delay by the Company in enforcing any right or provision of these Terms shall constitute a waiver of such right or provision.
If any provision of these Terms is held invalid, illegal, or unenforceable by a competent court or authority, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Any invalid provision shall be modified and interpreted in a manner consistent with applicable law to best achieve the original intent of the parties.
15.4 Survival Clauses
Provisions of these Terms that, by their nature, should survive termination or expiration shall continue in effect, including but not limited to:
Intellectual Property Rights (Section 6);
Disclaimers and Limitation of Liability (Section 9);
Indemnification (Section 10);
Governing Law and Jurisdiction (Section 12);
Dispute Resolution (Section 13);
Privacy and Data Protection obligations (Section 5).
These provisions survive termination to ensure ongoing enforceability and compliance.
15.5 Language and Interpretation
These Terms are drafted in the English language, which shall prevail in interpretation over any translations.
Headings and numbering are provided for convenience only and shall not affect interpretation.
The words “including,” “such as,” or “for example” shall be construed to mean “including, without limitation.”
In case of ambiguity, these Terms shall be interpreted to give effect to their plain meaning and in favor of enforceability.
16. CONTACT INFORMATION AND GRIEVANCE OFFICER
16.1 General Contact Information
If you have questions, feedback, or concerns regarding these Terms or the Services, you may contact the Company at:
Company Name: Rusaka Technologies Private Limited
Registered Office: T-133, Moongipa Arcade, off Andheri Link Road, near Ganesh Chowk, D.N.Nagar, Andheri West, Mumbai, Maharashtra 400053
Email: support@soulence.xyz
Phone: +91 7715864005
16.2 Grievance Officer (India – Mandatory Disclosure)
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Personal Data Protection Act, 2023 (DPDP Act), the Company has appointed a Grievance Officer to address complaints and concerns relating to the Services.
Name: Akanksha Ruskin Barar
Designation: Grievance Officer & Director
Email: grievance@soulence.xyz
Office Address: T-133, Moongipa Arcade, off Andheri Link Road, near Ganesh Chowk, D.N.Nagar, Andheri West, Mumbai, Maharashtra 400053
The Grievance Officer shall:
Acknowledge complaints within 24 hours of receipt;
Resolve complaints within 7 days, or within such timeline as prescribed by law;
Coordinate with regulators and law enforcement authorities as required.
16.3 Data Protection Contact (International Users)
For Users outside India, the Company will provide additional points of contact to address privacy and data protection matters:
EU/EEA Users may contact the Company’s designated Data Protection Representative in the EU (if required under GDPR Article 27).
UK Users may contact the Company’s designated UK Representative under the UK GDPR.
California Users may exercise privacy rights by contacting the Company at the details provided in Section 5 (Privacy and Data Protection).
16.4 Escalation of Complaints
If you are dissatisfied with the resolution provided by the Company’s Grievance Officer, you may escalate your complaint to:
The Data Protection Board of India (DPBI) under the DPDP Act, for Indian Users;
The relevant Supervisory Authority in your EU/EEA or UK jurisdiction;
The California Attorney General or relevant U.S. regulator for California Users;
Other competent authorities as mandated by local law.
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