TERMS OF USE OF SERVICES

These Terms of Service (“TOS”) are an electronic document in terms of the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This TOS does not require any physical, electronic or digital signature.

This mobile application (hereinafter “App”) is owned, operated and maintained by Omachi Innovation Private Limited ("Company/Us/We/Our/We"), a company incorporated under the Companies Act, 2013 having CIN: U62099PB2024PTC060902 and having its Registered Office at 91Springboard, Padmavati Complex, 3rd floor, 80 feet road, Koramangala 8th block, Koramangala, Bengaluru, Karnataka 560095.

Capitalised terms not defined here shall have the meaning stated in the The Intermediary Guidelines 2021 which may be accessed at this link. In addition, in relation to privacy any terms, including Personal Data shall have the meaning set out in the Digital Data Protection Act, 2023, whose full text can be found at this link.

DETAILS OF GRIEVANCE OFFICER IN COMPLIANCE WITH RULE 3(2) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES & DIGITAL MEDIA ETHICS CODES) RULES, 2021

In compliance with the Rule 3(2) of the Information Technology (Intermediary Guidelines & Digital Media Ethics Codes) Rules, 2021 (Intermediary Guidelines 2021), the details of the Grievance Redressal Officer for our Company are as below:

Name of Company: Omachi Innovation Private LimitedAddress: 91Springboard, Padmavati Complex, 3rd floor, 80 feet road, Koramangala 8th block, Koramangala, Bengaluru, Karnataka 560095

Name of Grievance Officer: Sonu Thakur

Email Address: grievance.officer@omachi.in

LEGALLY BINDING TERMS OF SERVICE

These TOS are a legally binding document between the User/you (“User/You/Your”) and the Company. These TOS apply to any User accessing or using, any services made available by the Company on our App, and to any other related services or applications provided by Us (collectively, the “Services”). The Company provides you with the App and associated customized services which includes providing you with access to content or information about you and others which is created and uploaded or live streamed on our App (referred to as Content) as sought to be accessed by you (hereinafter termed as Services and further defined below).

These ToS govern your access to and use of our Services, which includes the mobile App, SMS, APIs, e-mail notifications, and any Content available on the Services in whichever form and format capable of communication.

By accessing or using or attempting to access or use any Services (including the App) in any manner whatsoever, You agree to be bound by this TOS. If any terms of this TOS conflict with any other document/electronic record, the terms and conditions of this Agreement shall prevail, until further change / modifications are notified by the Company. You may also be subject to such additional terms and conditions while using certain features of the Services, as may be applicable to such features.

Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.

Important: The use of our Services is entirely at your discretion. Interactions with known or unknown or anonymous persons may have unintended consequences and we strongly urge you to seek mature supervision and advice while using our Services or features. You must exercise caution while using the App and ensure that you are taking steps to ensure your own safety. You have the option to stop using our Services at any time. We are not responsible for any consequences of using our Services or interacting with known or unknown or anonymous persons or sharing financial or non-financial or personal information with them and claim full exemption from liability as a Social Media Intermediary.

The Privacy Policy and any other policies communicated by Us, from time to time, shall be applicable to Your use of the Services and shall be deemed incorporated herein by reference. In the event these TOS or Privacy Policy are not acceptable to you, we request you to desist from accessing, downloading, using the Services in any manner, whatsoever.

We may revise this TOS as well as update the App and Services from time to time. While we will make best efforts to keep you updated, we would also request you to please keep visiting this page regularly to be informed about any updates. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revision. If You have any queries or concerns regarding this TOS, please contact our Grievance Officer whose address is stated hereinabove in compliance with Information Technology Act

OUR SERVICES

We are a Social Media Intermediary that enables audio or video or other digital interactions between Users and Streamers for creation of social bonds, companionship and entertainment, alongwith other associated features involving only online engagements (collectively “Services”)

For the purposes of these Services the term Streamers refers to a specific category of Users who provide Content in which they may present their personal interaction or communication or engagement skills in a live online streaming setting for the sole purpose of entertaining or engaging other Users. Such Users may or may not levy a fee for representing their skills at such rates as they deem fit. Payments are collected by Us on behalf of such Streamers and paid to them after deduction of our service fee.

The Services on the App currently include the following list. These Services may continue to evolve into adjacent and adjunct features may continue to be added.

Creating and maintaining your own profile and other Content on the App after registration
Viewing profiles of others (including Streamers) after registration
Live online social interactions between User & Streamer
Creating or sharing Content; connecting, following, engaging and communicating with other known, unknown or anonymous profiles (including Streamers), anonymously or otherwise, with or without any payments, as applicable in a live engagement setting
Sending and receiving comments or information or communication or engagements in audio/video or other digital formats with others Users (including Streamers) on the App who may or may not be known to you or may completely be unknown or may have chosen to not disclose their identity. Such services may be chargeable.
Subject to applicable laws and these TOS, post content with or without names or user names or identification or by using pseudonyms. You may be required to make payments for such facilities.

Our Services do not include the following:

Nude or any other unlawful Content. Our App has a No Nudity Policy and any interactions containing identifiable nudity shall be terminated immediately without any refunds or compensation.
Background verification of Streamers or any other User
Offline interactions of any nature. Any User, including a Streamer, found to interact offline may be, at our entire discretion, removed from the App or any of our other applications and have all access revoked till such time as deemed necessary. Any monies or other digital goods stored in digital wallets or other forms may also be forfeited and not refunded or disbursed for violation of this important term.
Sharing of email, phone, name or other information that can identify a person
Facilitating any forms of introduction between Users, including Streamers
Streamers are independent contractors and are neither Our employees nor verified by us in any manner. You interact with them at your own risk and cost.
We do not guarantee that a Streamer will be available to interact with you. Any such decision is solely at the discretion of the Streamer.

Subject to the above, in order to avail our Services you hereby expressly authorise Us to contact other Users, including Streamers, on your behalf and at your cost. Due to the nature of our Services, please be aware that You may give or We may collect information that can specifically identify You or any other individual when you browse the App or use the Service(s).

The use of our Services is entirely at your discretion and you may choose to ignore and not click on any link or SMS or notification that you receive from us and not proceed further.

Interactions with known or unknown persons may have unintended consequences and we strongly urge you to seek adult supervision and advise while using our Services or features. Please conduct diligence before engaging in this feature and act responsibly. You have the option to stop using our Services at any time.

AGE AND RELATED RESTRICTIONS

Before availing of the Services, You must complete the registration process for opening an account as may be prescribed from time to time. You must follow the instructions given on the App for registering Yourself as a User and creating an account (“Account”) on the App.

The Services are intended solely for Users who are above 18 (eighteen) years and above and who satisfy the criteria described in this TOS. You represent and warrant that You: (a) are of legal age to form a binding contract (at least 18 (Eighteen) years old; (b) have not previously been suspended or removed from using our Services;(c) have full power and authority to agree to this TOS; (d) have not committed any criminal offence; and (e) are not prohibited in the jurisdiction applicable to You from availing our Services.

You hereby agree to provide up-to-date, complete and accurate information on Your account. We may occasionally contact you on the phone number provided in your Account registration. If you missed any communications due to an inaccurate, outdated, or incomplete email address, We will not be liable for any losses or damages caused by you missing the communication.

Age Gating

Users below the age of 18 years, including Streamers, (“Minor(s)”) cannot use the App. In accordance with law, we may make inquiries, either directly or through third parties to validate the information provided about Your age. If we are unable to verify the information that you provide, we may: (i) refuse to establish an account; (ii) close the account; (iii) terminate our Services or portion(s) thereof and forfeit any amount

ACCOUNTS & IDENTIFICATION

We provide you with a free account, however, you are required to be registered with us, to avail full functionalities of our Services.

You are free to choose any username, handle name, display name while registering/creating an Account on our App which will enable You to avail of the Services. When you create your Account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may modify the information provided by you during registering your Account only once.

You must use original and distinct credentials to create an account on our App. Such credentials must not infringe any applicable laws and third-party rights. Username, handle names, display name must not contain derogatory, demeaning or misleading language or messages or identity or images.

Even if you choose to not disclose your name or username or use a pseudonym while posting or sharing Content we may be required by applicable law to provide any data in our possession to law enforcement authorities to comply with lawful requests.

For all intents and purposes User accounts and handles are the property of the Company and have been licensed for use to you in accordance with these Terms. Usernames or handles are the property of the Company and cannot be sold or commercially dealt with in any manner. You are prohibited from buying or selling or exchanging accounts or usernames or handle names or display names for cash or kind or any other value or for no value.

Identity Verification: We may, in Our discretion and subject to applicable law, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to us. You may be required to provide Us with certain personal information, including, but not limited to, Your name; telephone number; valid identity card, and any other information as may be required from time to time. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud or illegal or suspicious activity, including but not limited to: (a) query identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth); (b) query account information associated with Your linked bank account (e.g., name or account balance); and (c) take action We reasonably deem necessary based on the results of such inquiries and reports.

Responsibility for Account Activities: You are responsible for safeguarding your account and you agree not to disclose your password to any third party. You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, including payments from bank accounts, provided or taken by anyone who has accessed or used Your User Account regardless of whether the access is authorized or unauthorized.

Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.

Given the nature of the App and Services provided, please ensure to keep Your mobile phone safe. You are solely responsible for all activities that occur under Your Account. You should keep your password safe and not disclose Your Account details to any third party or share the Account with any third party. If you think someone has gained access to Your Account, please contact our Grievance Officer immediately.

You will use the Services and Your User Account only for Yourself and not on behalf of, or for the account of, any third party.

CONTENT RELATED RESTRICTIONS

Any Content on our App must be in compliance with the Intermediary Guidelines 2021 issued by the Government of India which are available for download at this link.

A user of the App shall not host, display, upload, modify, publish, transmit, store, update or share on the App, the following information that

May be harmful to minors or children, including any sexually explicit, abusive content. We have a zero-tolerance policy against child sexual abuse content; and/or
depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful,
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; and/or
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and/ or
is in the nature of an online game that is not verified as a permissible online game; and/or
is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; and/ or,
infringes on any third party’s rights, including copyright, trademark, privacy, and publicity rights, and any other protected subject matter; and/ or,
may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event; and/ or,
threatens, harasses, or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide; and/ or,
depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful,
is in violation of applicable law.

We do not undertake any obligation to monitor User generated Content, except to the extent required by law. We are an intermediary that enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using our Services.

All the Content that is available on the App is the sole responsibility of the originator of the Content. Your use or reliance on any Content while availing the Services is solely at your own risk. As a User, you may come across Content which you may construe to be offensive, harmful, misleading, inaccurate, or inappropriate. We impress upon you that we may not always monitor or control the Content accessible on the Services, and as an intermediary we cannot assume responsibility for such Content. Please use the reporting features within the App to record your objections or contact the Grievance Officer as stated hereinabove. We do not endorse, support, represent, authorize the circulation of all Content published on our App, and we do not further attest to the accuracy, originality, reliability, legitimacy, completeness, of such Content, as available on our Services.

We may be required to remove Content if such Content is violative of established and universal legal principles or is spammy or if such Content is violative of applicable law or these ToS. In this connection, we shall abide by binding directions of legal authorities as and when they are made. You may approach the Grievance Officer against any removal of content by filing using this Grievance form

SUPPORT

The Company offers email based, and in App online support tools for users. You may access support by emailing at grievance.officer@omachi.in. Any suggestions by the Company regarding use of the Services shall not be construed as a warranty.

We are an intermediary as defined under the Intermediary Guidelines and resolution of grievances or disputes or claims relating to violation of legal or personal or public or community rights (collectively known as grievances) is solely within the domain of legal or judicial authorities as defined under the Intermediary Guidelines 2021 which can be accessed at this link. We do not adjudicate any personal grievances. Grievances will be handled in accordance within the process and timelines prescribed under the Intermediary Guidelines 2021.

You may report Content using our in App features or by emailing to grievance.officer@omachi.in

USER LICENSE

We do not claim ownership or responsibility for Content posted on or through the Service. You are free to share your Content with anyone else. However, you shall be fully responsible for any consequences related thereto.

By submitting, posting, displaying, or communicating on our App, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, reproduce, process, such Content across all formats, media now known, or which may come into existence later. You represent and warrant that you have, or have obtained, all rights, licenses, necessary authorizations required to grant the rights granted herein for any Content that you submit, or post, or display, or communicate through our Services and such Content is not subject to copyright or other proprietary rights of third parties unless you are legally entitled to post such Content through necessary permission or otherwise.

You give us permission to show your username, profile picture and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on the App, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on our App. We will also respect your ad settings.

Subject to any restriction by operating system providers, You agree that we can download and install updates to the App on your device without notifying you.

Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to pay or compensate you in any manner.

PROHIBITIONS ON ACCESS

Your access and use of the Services is subject to this TOS and all applicable laws and regulations. In addition You shall not:

Access or use the Services if You are not fully able and legally competent to agree to this TOS or are a minor;
Modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the App or any derivative works thereof;
Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof include any data obtained from the App;
Market, rent or lease the Services for a fee or charge, or use the App to advertise or perform any commercial solicitation;
Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
Incorporate the App or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
Use automated scripts to collect information from or otherwise interact with the Services;
Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Use or attempt to use another’s account, service or system without authorisation from Us, or create a false identity on the Services;
Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services,;
Use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):

files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., Aadhaar, License Number, Passport, Bank account) or credit card numbers;
any content which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
any content which is defamatory of any person, obscene, offensive, hateful or inflammatory;
any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
any content that is deliberately designed to provoke or antagonise people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
any content that contains a threat of any kind, including threats of physical violence;
any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

Use any automated systems of software to withdraw data from the App; or content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Us, the Services or its users to any harm or liability of any type.violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by Us to access the Services or to extract data;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.

PAYMENTS

To the extent the Service or any portion thereof requires payment of a fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instruments. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument.

It is strictly prohibited to make any direct payment to any other User, including a Streamer. Company accepts no responsibility. If a User or Streamer are found to have engaged in either paying or receiving payments outside the App,the account of the User shall be blocked and any monies in the digital wallet will be forfeited with no compensation or refund.

You will promptly update your account information with the Company or the payment processor, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Company (through the payment processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.

Please note that once payment is made for a subscription or for any paid feature, the same will not be refunded. We reserve the right to change Company’s prices. If Company does change prices, Company will provide notice of the change through the App, a pop-up notice, email, or through other reasonable means, at Company’s option. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

You will be responsible for all taxes associated with the Service.

We reserve the right to change or discontinue Your subscription plans, subscription features, terms, or pricing at any time. We are not responsible for any damage or loss caused by failures or delays of your subscription or the subscription features.

WARRANTIES AND REPRESENTATIONS BY YOU

You represent, warrant and acknowledge that:

You are authorised to access and use the App in terms of this TOS; in particular, the jurisdiction where You reside, hold citizenship in such jurisdiction as mentioned under this TOS that allows You to utilize the Services;
If You are using the App on behalf of or for the benefit of any organisation then it is assumed that You have the right to do so. The organisation and You will be jointly and severally liable for Your actions including any breach of this TOS;
Your use of the Services is at Your own risk. You agree that We shall not be liable for any damage or harm arising out of Your use of the Services. The use of our Services is entirely at your discretion. Interactions with known or unknown persons may have unintended consequences and we strongly urge you to seek supervision and advise while using our Services or features. You have the option to stop using our Services at any time.

COMPLIANCE WITH APPLICABLE LAW

This App is based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access the App, or the Content from outside of India, you do so at your own risk. Whether inside or outside of India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Please refer to Our privacy policy for information about how We collect, use, and share Your information. Our Privacy Policy is available.

MODIFICATION, SUSPENSION, & TERMINATION OF ACCOUNT OR SERVICES

We may, at Our sole discretion and without liability to You, with or without prior notice and at any time, modify, temporarily suspend or permanently terminate Your access to all or a portion of any Services, suspend Your User Account; and/or edit Your account details.

We can remove any content or information that you share on the Service if we believe that it violates this TOS, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to our features) immediately to protect our community or services, or if you create risk or legal exposure for us, violate this TOS or our policies, if you infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe that your content has been removed in error, you can approach the Grievance Officer using this Grievance Form

We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service at any time.

Content you share with others on the App may continue to exist on the App even if you leave the App. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. The App and their users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the App.

Termination by User: You may also at Your sole discretion terminate Your Account by sending us a written request stating Your intentions to do so. Upon the receipt of Your request, We will provide You with a written notice of 30 (Thirty) days (“Notice Period”) to permanently terminate Your Account.

No Liability: We will not be liable for any losses suffered by You resulting from any modification of any Services or from any suspension or termination of Your access to all or a portion of any Services.

Effect of Termination: In the event of discontinuation of all Services or other termination of Your right to access all Services: (a) We may delete or deactivate Your User Account and all related information and files in such account without liability to You; and (c). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

PROPRIETARY RIGHTS

The Services and all technology, content and other materials used, displayed or provided in connection with the Services including everything on the App (“the Company Materials”) together with all intellectual property rights in any of the foregoing are, as between You and Us, owned by Us or Our licensors or third parties with whom we have legal arrangements. The Company Material is protected by copyrights, patent, trademark and other applicable laws. Accordingly, you shall protect the proprietary rights of the Content and all others having rights in the Service during and after the term of this TOS and comply with all written requests made by Us to protect its and others' contractual, statutory, and common law rights in the Service.

Limitations: You may use the Company Materials solely as authorized by Us in connection with Your use of the Services for as long We permit You to continue to access the Services. "The Company”, any product or service names, logos, and other marks used on the App or the Company Materials, or otherwise in connection with the Services, are trademarks owned by Us or its licensors. You may not copy, imitate or use them without the Company's prior written consent. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or the Content in any manner. If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). You can only use our intellectual property and trademarks or similar marks as expressly permitted by us or with our prior written permission.

THIRD-PARTY CONTENT

The App may contain links, information or pointers to other websites or services for payments, information verifications, information processing, transaction processing or other required / appropriate services, but you should not infer or assume that the Company operates, controls, manages or is otherwise connected with these other websites. When you click on a link within the App, Company may or may not warn you that you have left the App and are subject to the terms and conditions, disclaimers (including privacy policies) of such other websites or its partners & service providers. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on the terms of this Company/App to govern your use of another website. Company is not responsible for the content or practices of any other website even if it links to the site and even if the website is operated by a company affiliated or otherwise connected with Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than these App.

DISCLAIMER OF WARRANTIES BY COMPANY

Neither the Company nor affiliates warrant that the App and Content are accurate, reliable or correct; that the App and Content will be available at any particular time or location; that any defects or errors in the App or Content will be corrected; or that the App or Content are free of viruses or other harmful components. We do not warrant that the use of the Services will be uninterrupted or error free.

WE DO NOT CONDUCT BACKGROUND VERIFICATION OR ANY VERIFICATION OF ANY USER, INCLUDING ANY STREAMER. ANY INTERACTION OR ENGAGEMENT WITH ANY USER IS AT YOUR OWN RISK. WE DO NOT TAKE RESPONSIBILITY FOR THE CONDUCT OR BEHAVIOR OR ACTIONS OF ANY USER OR STREAMER.

PLEASE DO NOT MAKE ANY PAYMENT TO ANY USER OR STREAMER OR SHARE ANY OTHER INFORMATION OR CONTENT (AUDIO OR VIDEO) OR ACT IN ANY MANNER WHERE YOU MAYBE IN A COMPROMISING POSITION. COMPANY SHALL NOT BE RESPONSIBLE IN ANY MANNER FOR ANY LOSS.

THE APPS AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We provide no warranty about the Services. Without limiting the foregoing, We do not warrant that the Services will meet Your requirements or that it will be suitable for Your purposes. To avoid any doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.

Unless required by law, we do not control what users may do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We are also not responsible for services and features offered by other people or companies, even if You access them through our Service.

We deny all liability for the timely operation of the Services, where You or a third party is providing the computer equipment upon which the Service depend upon for any part of its functionality. By using the Service, You accept that the timely operation of the internet and the World Wide Web is governed by constraints beyond Our control. You accept that We are not liable for any perceived slow operation of, or any server or technical issues in relation to, the Services.

The information provided on App is for general information purposes only and is given in good faith. However, the information is selective, and We may not verify all information, which may not be complete or accurate for Your purposes and should not be relied upon without further enquiry.

We do not endorse, support, represent, authorize the circulation of all Content published on our App, and we do not further attest to the accuracy, originality, reliability, legitimacy, completeness, of such Content, as available on our Services.

INDEMNIFICATION

You will defend, indemnify, and hold harmless the Company, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) Your use of, or conduct in connection with, the Services;(b) Your violation of this TOS; or (c) Your violation of any applicable law or the rights of any other person or entity. If You are obligated to indemnify any Indemnified Party, We, at Our discretion, will have the right to control any action or proceeding and to determine whether We wish to settle, and if so, on what terms.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE:

FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
FOR YOUR RELIANCE ON THE SERVICE;
FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF INR 5,000/- (in case of India) and USD 150 (in case of countries other than India);
FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

BREACH OF TERMS

Without prejudice to Our other rights under this TOS, if You breach any terms of the TOS in any way, or if We reasonably suspect that You may have breached the TOS in any way, We may (without prejudice to other rights):

Send one or more formal warnings to You, if the breach can be remedied or corrected by You;
Temporarily suspend Your access to Our App and suspend Your User Account;
Permanently prohibit You from accessing Our App and Our Services;
Block computers using Your IP address or contact any or all of Your internet service providers and request that they block Your access to Our App; and/or
Commence legal action against You, whether for contractual breach or otherwise.
Forfeit any amounts or any kind of currency in your digital wallet or any other form with us without any compensation or refund

GOVERNING LAW

This TOS is governed by the laws of India. The Courts of Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this TOS.

OTHER TERMS

Remedies: If You violate any of this TOS, We may, as We determine reasonably necessary to remedy or mitigate Your violation, delete all or part of such information transmitted by You, suspend or cancel Your User Account. We shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Us pursuant to this paragraph. Any right or remedy of the Company set forth in this TOS is in addition to, and not in lieu of, any other right or remedy whether described in this TOS, under statute, at law or in equity.

Non-waiver: Our failure or delay in exercising any right, power, or privilege under this TOS shall not operate as a waiver thereof.

Severability: The invalidity or unenforceability of any of this TOS shall not affect the validity or enforceability of any other of this TOS, all of which shall remain in full force and effect.

Force Majeure: We will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that You may incur, due to any circumstance or event beyond Our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

Competitor: No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from the Company. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Company or any of its affiliates, or acting on behalf of a competitor of Company in using or accessing the Service.

Assignment: An Account cannot be sold or transferred. You are prohibited from buying or selling or exchanging accounts for cash or kind or any other value or for no value. You may not assign or transfer any right to use the Services or any of Your rights or obligations under this TOS without prior written consent from Us, including by operation of law. We may assign or transfer any or all of its rights or obligations under this TOS, in whole or in part, without notice or obtaining Your consent or approval.

Entire Agreement: This TOS contains the entire agreement and supersedes all prior and contemporaneous understandings between the parties regarding the Services on the App. In the event of any conflict between this TOS and any other agreement You may have with Us, this TOS will control unless the other agreement specifically identifies this TOS and declares that the other agreement supersedes this TOS.