Terms and Conditions

16. INTERMEDIARY STATUS AND SAFE HARBOR

16.1 Intermediary Status

The Company operates the Platform as an “intermediary” within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended.

16.2 Limited Role of the Company

The Company does not:

• Initiate the transmission of User Content
• Select the receiver of User Content
• Modify User Content, except for technical processing, formatting, security, or compliance with Applicable Law

16.3 Safe Harbor Protection

Subject to compliance with Applicable Law and these Terms, the Company shall not be liable for any third-party information, data, communication, or User Content made available, hosted, or transmitted on the Platform.

16.4 Conditions for Safe Harbor

Safe harbor protection shall apply only so long as:

• The Company observes due diligence as required under Applicable Law
• The Company does not have actual knowledge of unlawful content, or upon obtaining such knowledge, acts expeditiously to remove or disable access to such content
• Users comply with these Terms and Applicable Law

17. NOTICE, REPORTING, AND TAKEDOWN PROCEDURE

17.1 User Reporting

Users may report Content that they believe violates Applicable Law or these Terms, including but not limited to:

• Illegal or unlawful content
• Intellectual property infringements
• Abuse, harassment, or threats
• Impersonation or misrepresentation
• Child sexual abuse material
• Any Content otherwise violating these Terms

Reports may be submitted through in-app reporting tools or other designated communication channels. Submission of a report does not guarantee removal of the reported Content.

17.2 Legal Notices

17.2.1 Requirements for Legal Notices

To be considered valid, legal notices or takedown requests must include:

• Clear identification of the specific Content complained of
• The legal basis for the claim or alleged violation
• Supporting documentation or evidence, where applicable
• Accurate contact information of the complainant

17.2.2 Invalid or Abusive Notices

Incomplete, misleading, frivolous, or bad-faith notices may be rejected or disregarded by the Company. The Company is not obligated to act upon notices that do not meet the above requirements or are not legally valid.

17.3 Takedown and Enforcement Process

Upon receiving a valid user report, lawful order, or direction from a competent governmental or judicial authority, and upon obtaining actual knowledge as required under Applicable Law, the Company may take one or more of the following actions, as appropriate:

• Disable access to or restrict visibility of the Content
• Remove the Content
• Suspend or terminate the associated Account
• Preserve records or evidence for legal or regulatory purposes
• Notify or cooperate with relevant authorities where required or permitted by law

Any action taken shall be carried out in a reasonable and expeditious manner, in accordance with Applicable Law. The Company retains discretion to determine the appropriate response based on the nature of the violation, legal obligations, and risk to users or the Platform.

18. GRIEVANCE REDRESSAL MECHANISM

Privacy-related grievances shall be handled in accordance with the procedures set out in the Privacy Policy. The same Grievance Officer handles grievances under both these Terms and the Privacy Policy.

18.1 Appointment of Grievance Officer

In compliance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Platform has appointed a Grievance Officer to address user complaints and grievances.

18.2 Scope of Grievances

Users may submit grievances relating to:

• Content removal or moderation decisions
• Account suspension or termination
• Data protection or privacy-related concerns
• Alleged violation of rights under Applicable Law

18.3 Grievance Handling

Grievances shall be acknowledged within 24 hours and addressed within the timelines prescribed under Applicable Law. The Grievance Officer may seek additional information where reasonably required to process a complaint.

The Company reserves the right to reject, consolidate, or close grievances that are incomplete, abusive, repetitive, or manifestly unfounded, provided such action is taken in accordance with Applicable Law.

18.4 Finality of Decisions

Decisions of the Grievance Officer shall be final at the Platform level. Nothing in this clause shall restrict or eliminate any statutory rights or remedies available to Users under Applicable Law, including the right to approach courts, consumer forums, or regulatory authorities.

19. PLATFORM DISCRETION AND EDITORIAL CONTROL

19.1 Platform Discretion

The Company retains the right, in its reasonable discretion and in accordance with these Terms and Applicable Law, to:

• Curate, rank, prioritize, or recommend Content using automated or manual systems
• Modify, update, or discontinue Platform features, functionalities, or algorithms
• Limit, reduce, or adjust the visibility, reach, or distribution of Content
• Enforce Community Guidelines, Platform policies, and safety standards

Such actions do not constitute endorsement, sponsorship, or approval of any Content by the Company.

19.2 No Guaranteed Rights

Users acknowledge and agree that no User has a right to:

• Guaranteed reach, impressions, engagement, or visibility
• Eligibility for monetization, creator programs, or financial benefits
• Algorithmic neutrality, chronological ordering, or equal treatment
• Continued or uninterrupted access to the Platform or any specific feature

19.3 Automated Decision-Making and Profiling

The Platform may use automated decision-making systems, including algorithms, risk scoring models, and machine-learning tools, to analyze Content, user behavior, and interactions for purposes such as moderation, spam detection, fraud prevention, content ranking, personalization, and safety enforcement.

Such systems may result in automated actions including reduced visibility, temporary restrictions, demonetization, suspension, or removal of Content or Accounts.

Where required by Applicable Law, Users may request review of certain automated decisions through the grievance or appeal mechanisms provided by the Platform.

20. NO PROFESSIONAL ADVICE

20.1 Informational Purpose Only

All Content available on the Platform, including User Content, is provided solely for general informational and entertainment purposes.

20.2 No Professional Services

The Company does not provide, and no Content on the Platform constitutes:

• Legal advice
• Medical or health advice
• Financial or investment advice
• Psychological, therapeutic, or professional counseling

20.3 User Responsibility and Risk

Any reliance on Content available on the Platform is strictly at the User’s own risk. Users should seek advice from qualified professionals before taking any action based on Platform Content.

20.4 Emergency Disclaimer

If you are experiencing a medical emergency, mental health crisis, or require immediate assistance, you should contact emergency services or a qualified professional immediately. The Platform is not a substitute for professional care.

21. THIRD-PARTY CONTENT AND SERVICES

21.1 Presence of Third-Party Content

The Platform may contain links to, integrations with, advertisements for, or embedded content from third-party websites, applications, services, or platforms.

21.2 No Endorsement or Control

The Company does not control, operate, endorse, or assume responsibility for any third-party content, services, products, websites, or practices.

21.3 User Interactions with Third Parties

Any interaction, communication, transaction, or engagement between a User and a third party is solely between the User and such third party. The Company shall not be responsible or liable for any loss, damage, dispute, or claim arising from such interactions.

21.4 Third-Party Data Practices

Third-party services may collect, process, or use User data in accordance with their own privacy policies and terms. The Company is not responsible for the data practices of third parties.

22. ADVERTISING AND SPONSORED CONTENT

22.1 Advertising on the Platform

The Platform may display paid advertisements, sponsored content, promotional material, affiliate links, or brand partnerships.

22.2 Advertiser Responsibility

Advertisers and sponsors are solely responsible for the accuracy, legality, and compliance of their advertisements and promotional content.

22.3 No Liability or Endorsement

The display of advertisements or sponsored content does not constitute endorsement by the Company. The Company shall not be liable for:

• Misleading, false, or deceptive advertisements
• Advertiser products or services
• Transactions, payments, or disputes between Users and advertisers
• Any loss or damage arising from reliance on advertisements

23. MONETIZATION AND CREATOR FEATURES (IF APPLICABLE)

23.1 Availability of Monetization Features

The Platform may, at its sole discretion, offer certain features that allow eligible Users to monetize their Content, receive tips or payouts, or participate in creator or partner programs. Monetization features are optional, conditional, and not guaranteed.

23.2 Eligibility and Discretion

Eligibility for monetization features is determined solely by the Company and may depend on factors including, but not limited to:

• Account age and activity
• Compliance with these Terms and Platform policies
• Content quality and standards
• Applicable regional or local laws

Meeting eligibility criteria does not guarantee approval or continued access to monetization features.

23.3 Modification, Suspension, or Termination

The Company reserves the right to modify, suspend, limit, or terminate monetization features, programs, or payouts at any time, with or without notice, including in cases of policy violations, legal requirements, suspected abuse, or platform changes.

23.4 Payments, Taxes, and Verification

All payments are subject to:

• Identity and account verification requirements
• Fraud, abuse, and risk prevention checks
• Applicable tax laws, deductions, and reporting obligations

Users are solely responsible for reporting and paying all applicable taxes. The Company does not provide tax, legal, or financial advice.

23.5 No Employment or Agency Relationship

Participation in monetization or creator programs does not create any employment, partnership, agency, or fiduciary relationship between the User and the Company.

23.6 Payment Holds and Adjustments

The Company may withhold, delay, reverse, or adjust payouts where reasonably necessary for fraud prevention, dispute resolution, chargebacks, legal compliance, or enforcement of these Terms.

24. TAXATION AND FINANCIAL COMPLIANCE

24.1 User Tax Responsibility

Users are solely responsible for determining, reporting, and paying all applicable taxes, duties, levies, or charges arising from their use of the Platform, including any income earned through monetization, tips, payouts, or other financial benefits.

24.2 No Tax or Financial Advice

The Company does not provide tax, legal, or financial advice. Users are advised to consult their own tax advisors or professionals regarding their tax obligations.

24.3 Withholding and Reporting

Where required by Applicable Law, the Company may deduct, withhold, or report taxes (including TDS or similar obligations) from payments made to Users, without incurring any additional liability.

24.4 Compliance with Financial Laws

Users agree to comply with all applicable financial, foreign exchange, and anti-money laundering laws, including identity verification, PAN, KYC, or similar requirements, where applicable.

24.5 Cross-Border and International Users

Users accessing the Platform from outside India are solely responsible for compliance with their local tax and financial regulations. The Company shall not be responsible for any foreign tax obligations or penalties.

25. DATA PROCESSING AND CONSENT (OVERVIEW)

25.1 Applicable Data Protection Laws

The Company processes Personal Data in accordance with applicable data protection laws, including:

• The Digital Personal Data Protection Act, 2023 (India)
• The Information Technology Act, 2000 and related rules
• The General Data Protection Regulation (GDPR), where applicable

25.2 Privacy Policy

Detailed information regarding the categories of Personal Data collected, purposes of processing, retention periods, user rights, and security safeguards is provided in the Privacy Policy, which forms an integral part of these Terms.

25.3 Consent and Lawful Basis

By creating an Account or using the Platform, Users acknowledge and consent to the processing of their Personal Data for lawful purposes related to the operation, security, and improvement of the Platform, in accordance with the Privacy Policy and Applicable Law.

Where required under Applicable Law, the Company relies on explicit, informed, and specific consent. In other cases, processing may occur based on legal obligation, contractual necessity, or other lawful grounds permitted by law.

25.4 Consent Withdrawal

Users may withdraw their consent at any time through available account settings or designated communication channels. Withdrawal of consent may limit the availability of certain features but shall not affect processing carried out prior to such withdrawal, as permitted by law.

26. CHILD SAFETY AND MINOR PROTECTION

26.1 The Platform prohibits:

• Sexual exploitation of minors
• Grooming
• Child abuse material

26.2 Enforcement in Case of Suspected Violations

Where the Company becomes aware of, or reasonably suspects, any activity involving the exploitation, abuse, or endangerment of minors, the Company may take immediate and appropriate action in good faith and in compliance with Applicable Law.

• Immediately suspend or restrict the relevant Account
• Remove or disable access to related Content
• Preserve relevant records or evidence
• Report such activity to appropriate law enforcement or governmental authorities, where required or deemed necessary

26.3 Additional Safeguards for Minor Accounts

Accounts identified or reasonably believed to belong to minors may be subject to additional safeguards, restrictions, monitoring, and limitations on features, in order to ensure child safety and compliance with Applicable Law.

27. INTELLECTUAL PROPERTY COMPLAINTS

27.1 Submission of Infringement Notices

Copyright owners or their authorized representatives may submit notices alleging infringement of intellectual property rights in accordance with Applicable Law.

27.2 Legal Requirements for Notices

All infringement notices must comply with applicable legal standards and include sufficient information to identify the allegedly infringing Content, the rights claimed, and valid contact details of the complainant. Incomplete, misleading, or bad-faith notices may be rejected.

27.3 Review and Action

Upon receipt of a valid notice, the Company may remove or disable access to the allegedly infringing Content and, where appropriate, notify the affected User. The Company reserves the right to take action in good faith and in compliance with Applicable Law.

27.4 Counter-Notice

Where permitted by law, Users may submit a counter-notice disputing an infringement claim. The Company may restore the Content if the dispute is resolved or if required under Applicable Law.

27.5 Repeat Infringer Policy

Users who are determined, in the Company’s reasonable discretion, to be repeat infringers may have their Accounts suspended or permanently terminated.

28. SUSPENSION AND TERMINATION EFFECTS

28.1 Consequences of Suspension or Termination

Suspension or termination of an Account, whether temporary or permanent, may result in one or more of the following consequences:

• Immediate or permanent loss of access to the Platform
• Removal, restriction, or permanent deletion of User Content
• Loss of eligibility for monetization, payouts, or creator features
• Deletion or loss of Account data, settings, connections, or history

28.2 No Liability for Losses

To the maximum extent permitted by Applicable Law, the Company shall not be liable for any losses, damages, or consequences arising from or related to the suspension or termination of an Account, including loss of data, revenue, profits, business opportunities, reputation, or goodwill.

28.3 Monetization and Pending Balances

In the event of suspension or termination, the Company may withhold, forfeit, adjust, or cancel any pending or accrued monetization balances where reasonably necessary for fraud prevention, dispute resolution, chargebacks, legal compliance, or enforcement of these Terms.

28.4 Finality of Enforcement Actions

Users acknowledge that suspension or termination may be irreversible, and the Company is under no obligation to restore Accounts, Content, or data, except where required by Applicable Law.

29. RISK ALLOCATION

29.1 Assumption of Risk

Users acknowledge and agree that their access to and use of the Platform is at their own risk. Users assume all risks associated with:

• Use of the Platform and its features
• Exposure to User Content that may be inaccurate, offensive, or objectionable
• Interactions or communications with other Users or third parties

29.2 Disclaimer of Responsibility

To the maximum extent permitted by Applicable Law, the Company disclaims responsibility for:

• Disputes, claims, or disagreements between Users
• Offline consequences resulting from online interactions
• Emotional distress, reputational harm, or personal injury arising from Platform use

29.3 Safety Measures and Legal Compliance

While the Company implements reasonable safety, moderation, and enforcement measures, the Company does not guarantee a risk-free environment. Nothing in this clause limits the Company’s obligation to comply with Applicable Law or to cooperate with lawful authorities.

30. FORCE MAJEURE

30.1 Force Majeure Events

The Company shall not be liable for any failure, delay, or interruption in the performance of its obligations under these Terms where such failure or delay results from events beyond the Company’s reasonable control, including but not limited to:

• Natural disasters, acts of God, pandemics, or public health emergencies
• War, terrorism, riots, civil unrest, or national emergencies
• Government actions, orders, regulations, internet shutdowns, or restrictions
• Failures of telecommunications, power supply, cloud services, or third-party infrastructure
• Cyberattacks, system failures, or security incidents not caused by the Company’s gross negligence

30.2 Resumption of Services

The Company shall use reasonable efforts to resume normal operations as soon as practicable following the resolution of any Force Majeure event.

31. SEVERABILITY AND WAIVER

31.1 Severability

The severability of provisions shall be governed by Clause 93 (Severability and Blue-Pencil Clause).

31.2 Waiver

The failure or delay by the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision, nor shall it affect the Company’s right to enforce such provision at any later time.

PART 3: CONTENT & DATA MANAGEMENT

32. ADVANCED CONTENT LICENSING AND RIGHTS MANAGEMENT

32.1 Scope of License Clarification

By submitting User Content on or through the Platform, Users grant the Company a license that is:

• Non-exclusive (Users may use their Content elsewhere)
• Royalty-free (no compensation is owed for Platform use)
• Worldwide (to enable global access and distribution)
• Sublicensable solely to service providers, contractors, or partners for purposes of operating, securing, maintaining, and improving the Platform
• Transferable in connection with a merger, acquisition, reorganization, or sale of assets

This license does not permit the Company to sell, license, or commercially exploit User Content outside the Platform without additional user consent, except where required by Applicable Law.

32.2 Derivative and Technical Modifications

Users acknowledge that the operation of the Platform may require technical, functional, or format-related modifications to User Content, including but not limited to:

• Compression or optimization
• Transcoding or reformatting
• Thumbnail or preview generation
• Metadata extraction and indexing
• Accessibility adaptations
• Content ranking, recommendation, and moderation processes

Such modifications are purely technical in nature and shall not constitute infringement of intellectual property or proprietary rights.

32.3 Moral Rights Acknowledgment

Users acknowledge that technical modifications inherent to Platform operations do not constitute distortion, mutilation, or modification under the Copyright Act, 1957.

To the extent permitted by Applicable Law, Users agree not to assert moral rights claims against the Company for standard Platform operations that do not materially alter the meaning or integrity of User Content.

32.4 Content Visibility, Persistence, and Retention

Users acknowledge and agree that:

• User Content may remain visible for a limited period after deletion due to caching, backups, sharing, or legal preservation requirements
• Removal of Content from the Platform does not guarantee erasure from third-party systems or user-controlled copies
• Lawful requests, disputes, audits, or regulatory obligations may require preservation of Content beyond deletion
• The Company may archive or preserve Content, including deleted Content, for purposes of dispute resolution, intellectual property enforcement, regulatory compliance, or defense of legal claims.
• The Company does not use User Content to train external generative AI models for commercial resale or unrelated purposes without explicit consent.

32.5 Duration and Termination of License

The license granted under this Section shall continue for as long as the User Content remains on the Platform and for a limited period thereafter as reasonably necessary for backup, compliance with legal obligations, dispute resolution, security, or enforcement of these Terms.

32.6 Behavioral Signals and Derived Data

The Company may generate, analyze, and retain derived data, behavioral signals, risk scores, moderation history, engagement metrics, and trust indicators based on User activity on the Platform.

Such derived data constitutes Platform-generated information and is not considered User Content.

The Company may use such derived data for moderation, fraud prevention, security, analytics, service improvement, compliance, and enforcement purposes.

33. DATA RETENTION AND DELETION

33.1 Data Retention Principles

The Company retains Personal Data only for as long as necessary to fulfill the purposes for which it was collected, including compliance with Applicable Law, enforcement of these Terms, dispute resolution, and security obligations.

33.2 Retention Period Determination

Retention periods may vary depending on the nature of the data, the purpose of processing, legal requirements, and operational needs, and are further described in the Privacy Policy.

33.3 User-Initiated Deletion (Hard Deletion)

Users may request permanent deletion of their Account and associated Personal Data through available account settings.

Upon a valid deletion request, the Company performs a hard deletion of the User’s Account and User Content, meaning such data is permanently removed from active systems and is no longer accessible.

Deletion is typically completed within a reasonable timeframe, subject to technical constraints.

33.4 Legal and Mandatory Retention Exceptions

Notwithstanding a user’s deletion request, the Company may retain limited data where retention is strictly required by Applicable Law, court order, government directive, or for the purpose of investigating fraud, abuse, or security incidents.

Such retained data shall be limited in scope, securely stored, and not used for active processing beyond the purpose for which retention is legally required.

34. ACCOUNT RECOVERY AND PERMANENT DELETION

34.1 Temporary Deactivation vs. Permanent Deletion

The Platform may distinguish between temporary deactivation of an Account, which may be reversible, and permanent deletion, which is irreversible. This distinction shall be clearly communicated to Users at the time of selection.

34.2 Permanent Deletion and Its Consequences

Upon a User’s request for permanent deletion, and following any required confirmation, the Company performs a hard deletion of the Account.

• Account credentials are permanently destroyed
• User Content and associated data are permanently removed from active systems, subject only to lawful retention requirements
• Followers, connections, preferences, and settings are erased
• Account recovery, restoration, or reactivation is not possible

Users expressly acknowledge and agree that permanent deletion is final and irreversible.

34.3 No Obligation to Restore or Recover

The Company shall have no obligation to:

• Restore or reactivate permanently deleted Accounts
• Recover deleted User Content or Account data
• Maintain backups of deleted data beyond any period required by Applicable Law

The Company may, at its discretion, implement technical mechanisms such as temporary deactivation, delayed deletion, or recovery windows prior to permanent deletion, provided such mechanisms are clearly communicated to Users.

34.4 Deletion Methodology and Future Changes

The Platform currently implements permanent deletion ("hard delete") for certain Account and Content removal actions.

The Company reserves the right to modify, enhance, or replace deletion mechanisms in the future, including the introduction of temporary deactivation or soft deletion, in order to comply with legal, technical, security, or operational requirements.

Any such changes shall be implemented in accordance with Applicable Law and the Platform’s then-current data retention and privacy practices.

Deletion does not affect data retained pursuant to legal obligations or lawful enforcement requirements.

34.5 Circumvention and Re-Registration

Users whose Accounts have been suspended or permanently terminated may not create new Accounts or access the Platform through alternative identities without prior written authorization from the Company.

The Company may use technical, behavioral, or identity-based measures to detect and prevent circumvention of enforcement actions.

35. APPEALS, REVIEW, AND REINSTATEMENT PROCESS

35.1 Right to Appeal

Subject to these Terms, Users may submit an appeal against certain enforcement actions, including:

• Removal or restriction of Content
• Temporary suspension of an Account
• Restriction or removal of monetization features
• Other enforcement actions taken under Platform policies

Appeals must be submitted within thirty (30) days of the relevant enforcement action, unless otherwise specified by the Company.

35.2 Appeal Review Process

Appeals may be reviewed using a combination of automated systems, human moderators, and internal compliance or trust and safety teams, as deemed appropriate by the Company.

The Company may request additional information or clarification from the User and may decline to review appeals that are incomplete, untimely, or abusive.

35.3 Outcomes of Appeals

Following review, the Company may, in its reasonable discretion and in good faith:

• Reinstate the Content or Account
• Partially reinstate access or features
• Modify the enforcement action
• Uphold and reject the appeal

Decisions on appeals are final at the Platform level, subject to any statutory rights or remedies available under Applicable Law.

35.4 Abuse of the Appeals Process

Abusive, repetitive, misleading, or bad-faith appeals may result in limitations on future appeals and may lead to additional enforcement actions.

35.5 Permanent Deletion and Non-Appealable Actions

Actions resulting in permanent deletion of an Account or irreversible data deletion shall not be eligible for appeal or reinstatement, except where required by Applicable Law.

The Company may, at its discretion, implement technical mechanisms such as temporary deactivation, delayed deletion, or recovery windows prior to permanent deletion, provided such mechanisms are clearly communicated to Users.

This does not affect any non-waivable statutory rights available under Applicable Law.

36. PLATFORM EVOLUTION AND MODIFICATION

36.1 Service Changes

The Company may, in its reasonable discretion and in the ordinary course of business:

• Add, modify, improve, or remove features or functionalities
• Change the design, structure, or operation of the Platform
• Introduce new services, tools, or offerings
• Suspend or discontinue existing services, in whole or in part

Such changes may be implemented without prior User consent, except where notice or consent is required under Applicable Law.

36.2 Algorithmic and System Changes

Users acknowledge and agree that the Platform’s ranking, recommendation, moderation, and distribution systems may evolve over time.

• No specific visibility, reach, or engagement outcomes are guaranteed
• Algorithmic neutrality or transparency is not promised
• Changes may affect how Content is displayed, ranked, or discovered

36.3 Beta and Experimental Features

The Company may offer certain features on a beta, experimental, or limited-access basis.

Such features are provided on an “as is” and “as available” basis, may be modified or discontinued at any time, and may contain errors or result in data loss or inconsistent performance. Users participate in such features at their own risk.

37. CROSS-BORDER ACCESS AND INTERNATIONAL USE

37.1 Global Availability

The Platform may be accessed by Users from locations around the world. Access and use of the Platform are subject to Applicable Law, local regulations, regulatory restrictions, and export control laws.

37.2 Jurisdictional Compliance

Users who access or use the Platform from outside India do so on their own initiative and are solely responsible for compliance with all applicable local laws, including data protection, content, and usage regulations.

The Company makes no representation that the Platform or its Content is appropriate or lawful in all jurisdictions.

37.3 Cross-Border Data Transfers

Personal Data may be processed, stored, or transferred across national borders in accordance with Applicable Law. Where required, such transfers shall be subject to appropriate safeguards, contractual protections, or statutory mechanisms recognized under data protection laws.

37.4 Sanctions and Restricted Territories

The Company reserves the right to restrict, suspend, or block access to the Platform from jurisdictions that are subject to sanctions, export controls, or heightened regulatory or compliance risks.

38. NO CLASS ACTIONS (JURISDICTION-SPECIFIC)

38.1 Individual Claims Only

To the maximum extent permitted by Applicable Law, Users agree that any claim, dispute, or proceeding arising out of or relating to the Platform or these Terms shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or group action.

38.2 Statutory Exceptions

This clause shall not apply to the extent prohibited by Applicable Law, including but not limited to:

• Mandatory consumer protection laws applicable in your jurisdiction
• EU Member State laws applicable to EU consumers
• The Consumer Protection Act, 2019 (India), for eligible consumer disputes

38.3 Business and Non-Consumer Users

For Users accessing or using the Platform in a business, commercial, professional, or non-consumer capacity, this clause shall be fully enforceable to the maximum extent permitted by law.

PART 4: LIABILITY & INDEMNITY

39. DETAILED DISCLAIMERS AND SERVICE LIMITATIONS

39.1 Platform Availability Disclaimer

The Platform and its services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company does not warrant or guarantee that:

• The Platform will be uninterrupted or continuously available
• The Platform will be error-free or secure
• Defects or errors will be corrected immediately
• Content will always be accessible or preserved
• The Platform will meet all User expectations or requirements

Users acknowledge that temporary suspension, downtime, or performance issues may occur due to:

• Scheduled or emergency maintenance
• Security incidents or cyber events
• Infrastructure or hosting failures
• Force majeure events
• Failures or disruptions of third-party services

39.2 No Warranty as to Content Accuracy or Legality

The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, legality, or timeliness of any User Content or third-party Content available on the Platform.

The Company does not endorse, verify, or guarantee any User Content, advertisements, external links, or third-party services.

The Company acts as a neutral intermediary and hosting service provider and does not assume the role of a publisher, editor, or speaker of User Content. No editorial control exercised for safety, moderation, or ranking purposes shall be interpreted as assuming publisher liability.

39.3 User Reliance and Risk Disclaimer

Any reliance on Content accessed through the Platform is strictly at the User’s own risk.

To the maximum extent permitted by Applicable Law, the Company shall not be responsible or liable for:

• Decisions or actions taken based on Platform Content
• Personal, financial, professional, or reputational losses
• Offline consequences of online interactions between Users

39.4 Statutory Rights Preservation

Nothing in this Clause shall exclude or limit any rights or remedies that cannot be excluded under Applicable Law, including the Consumer Protection Act, 2019 or the Digital Personal Data Protection Act, 2023.

40. LIMITATION OF LIABILITY – EXPANDED FRAMEWORK

40.1 Excluded Damages

To the maximum extent permitted by Applicable Law, the Company shall not be liable for any:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, business, or anticipated savings
• Loss, corruption, or compromise of data
• Loss of goodwill or reputation
• Emotional distress or mental anguish

This exclusion applies regardless of the legal theory under which such damages are claimed, including contract, tort, negligence, strict liability, or otherwise.

40.2 Limitation on Direct Damages

To the extent the Company is found liable for any direct damages that cannot be excluded under Applicable Law, such liability shall be strictly limited in accordance with the aggregate liability caps set out in Clause 12.

40.3 Aggregate Liability Cap

The total aggregate liability of the Company arising out of or relating to the Platform, these Terms, or the Services shall not exceed the applicable limits specified in Clause 12.

40.4 Basis of the Bargain

Users acknowledge and agree that:

• The limitations of liability set out in these Terms form an essential basis of the agreement
• Fees charged (if any) reflect this allocation of risk
• Without such limitations, the Company would not be able to provide the Platform or Services

40.5 Statutory Rights Preservation

Nothing in this Clause shall exclude or limit liability to the extent such exclusion or limitation is prohibited by Applicable Law, including the Consumer Protection Act, 2019 or the Digital Personal Data Protection Act, 2023.

41. STATUTORY AND NON-EXCLUDABLE RIGHTS

41.1 Consumer Protection Carve-Out

Nothing in these Terms shall exclude, restrict, or limit any rights or remedies that cannot be excluded or limited under the Consumer Protection Act, 2019 or other applicable consumer protection laws.

Where liability cannot be excluded, it shall be limited to the maximum extent permitted by Applicable Law.

41.2 GDPR and DPDP Act Carve-Outs

Nothing in these Terms shall:

• Limit or waive the rights of data subjects under the GDPR
• Limit or waive the rights of data principals under the Digital Personal Data Protection Act, 2023
• Prevent Users from exercising their statutory right to lodge complaints with competent supervisory or regulatory authorities

All statutory remedies available under Applicable Law shall remain fully enforceable.

42. DATA BREACH RESPONSE AND LIABILITY

42.1 Security Measures

The Company implements reasonable technical, organizational, and administrative safeguards designed to protect Personal Data in accordance with Applicable Law.

Users acknowledge that no system is completely secure, and the Company does not guarantee absolute security against unauthorized access, cyberattacks, or unforeseen vulnerabilities.

Users are responsible for maintaining the confidentiality of their login credentials and for implementing reasonable security practices on their devices and networks. The Company shall not be liable for breaches resulting from User negligence.

42.2 Data Breach Response

In the event of a personal data breach, the Company shall take reasonable and prompt steps in accordance with Section 8 of the Digital Personal Data Protection Act, 2023, including:

• Assessing the nature and impact of the breach
• Notifying the Data Protection Board of India within the timeframes prescribed by law, where applicable
• Notifying affected Users where such breach is likely to cause significant harm, as required by law
• Implementing appropriate remedial and corrective measures

42.3 Liability for Data Breaches

The Company shall be liable for personal data breaches only to the extent such breach is determined, by a competent authority, to have occurred as a direct result of the Company’s failure to implement reasonable security safeguards as required under Section 8 of the Digital Personal Data Protection Act, 2023.

Any liability arising from such breach shall be determined and imposed strictly in accordance with Section 25 of the Digital Personal Data Protection Act, 2023 and shall be subject to the limitations and exclusions set out in these Terms, to the extent permitted by Applicable Law.

43. USER ASSUMPTION OF RISK

To the maximum extent permitted by Applicable Law, Users expressly acknowledge and assume all risks associated with their access to and use of the Platform, including but not limited to:

• Online and offline interactions with other Users
• User-generated Content and third-party Content
• Exposure to content that may be offensive, harmful, misleading, or objectionable
• Misrepresentation, fraud, or misconduct by other Users or third parties
• Any consequences arising from actions taken based on Platform interactions

The Company does not control or verify User conduct and shall not be responsible for disputes, damages, or harm arising from interactions between Users, except to the extent such liability cannot be excluded under Applicable Law.

Users are solely responsible for conducting their own due diligence before engaging in any communication, transaction, or interaction with other Users. The Company does not verify the identity, background, or intent of Users.

44. INDEMNITY – EXPANDED OBLIGATIONS

44.1 Scope of Indemnity

To the maximum extent permitted by Applicable Law, Users agree to indemnify, defend, and hold harmless the Company, its owners, directors, officers, employees, affiliates, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• User Content submitted, posted, or transmitted by the User
• Misuse or unauthorized use of the Platform by the User
• Violation of Applicable Law by the User
• Infringement or violation of any third-party rights by the User
• Breach of these Terms by the User

44.2 Indemnity Process and Control

The Company shall provide reasonable notice to the User of any claim subject to indemnification. The Company may, at its discretion:

• Assume exclusive control of the defense and settlement of the claim
• Select and instruct legal counsel of its choosing
• Require reasonable cooperation from the User in connection with the defense

Users shall not settle or compromise any claim that imposes liability or obligations on the Company without the Company’s prior written consent.

44.3 Statutory and Consumer Law Carve-Out

Nothing in this Clause shall require indemnification to the extent such obligation is prohibited under Applicable Law, including the Consumer Protection Act, 2019 or the Digital Personal Data Protection Act, 2023.

45. THIRD-PARTY BENEFICIARIES DISCLAIMER

Except as expressly required by Applicable Law, nothing in these Terms is intended to, or shall be deemed to, confer any rights, remedies, or benefits upon any person or entity other than the User and the Company.

No third party, non-user, or external stakeholder shall be deemed a beneficiary of these Terms or entitled to enforce any provision hereof.

46. ASSIGNMENT AND TRANSFER

46.1 Assignment by the Company

The Company may assign, transfer, novate, or otherwise dispose of its rights and obligations under these Terms, in whole or in part, without prior notice or consent of Users, including in connection with:

• A merger or amalgamation
• An acquisition or sale of the Company or the Platform
• A sale of assets
• A corporate restructuring or reorganization

Such assignment shall not adversely affect any non-excludable statutory rights of Users under Applicable Law.

46.2 Assignment by Users

Users may not assign, transfer, sublicense, or otherwise delegate any of their rights or obligations under these Terms, in whole or in part, without the prior written consent of the Company.

47. SURVIVAL OF TERMS

Upon termination or expiration of a User’s Account or these Terms for any reason, provisions which by their nature are intended to survive shall continue in full force and effect, including but not limited to:

• Content ownership and license provisions
• Disclaimers and warranty exclusions
• Limitations of liability
• Indemnification obligations
• Governing law and jurisdiction
• Dispute resolution provisions
• Data retention, compliance, and legal obligations
• This survival clause

48. ENTIRE AGREEMENT AND INTEGRATION

These Terms, together with any policies or documents expressly incorporated by reference (including the Privacy Policy, Community Guidelines, and other applicable Platform policies), constitute the entire agreement between the User and the Company regarding access to and use of the Platform.

These Terms supersede and replace all prior or contemporaneous agreements, understandings, communications, representations, or arrangements, whether written or oral, relating to the Platform.

No modification, amendment, or waiver of these Terms shall be effective unless made in writing and published or expressly authorized by the Company.

49. INTERPRETATION AND CONSTRUCTION

These Terms shall be interpreted in a fair and reasonable manner and shall not be construed against the Company solely on the basis that the Company drafted them.

Words importing the singular shall include the plural and vice versa, and words importing any gender shall include all genders, unless the context otherwise requires.

Headings and section titles are provided for convenience only and shall not affect the interpretation or construction of these Terms.

50. GOVERNING LAW AND JURISDICTION

50.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

50.2 Jurisdiction

Subject to any statutory rights available to consumers, Subject to Clause 52 (Dispute Resolution), the courts located in Jaipur, Rajasthan, India shall have jurisdiction over matters not subject to arbitration.

50.3 Cross-Border Access

Access to the Platform from jurisdictions outside India shall not be deemed to create any additional obligations for the Company beyond those expressly required under Applicable Law.

51. JURISDICTION AND VENUE

51.1 Exclusive Jurisdiction

Subject to Clause 52 (Dispute Resolution) and to the extent permitted by Applicable Law, the courts located in Jaipur, Rajasthan, India shall have exclusive jurisdiction over any disputes, claims, or proceedings arising out of or relating to these Terms or the Platform.

This jurisdiction clause shall apply subject to the dispute resolution mechanism set out in Clause 52 and any non-excludable statutory rights.

51.2 Submission to Jurisdiction

To the extent permitted by Applicable Law, Users agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes.

51.3 Statutory Rights Preservation

Nothing in this Clause shall restrict or limit any rights available to consumers under applicable consumer protection laws, including the Consumer Protection Act, 2019.

52. DISPUTE RESOLUTION MECHANISM

This clause shall not apply where prohibited under EU consumer law.

52.1 Informal Resolution

Before initiating any formal legal proceeding, Users agree to make a good faith effort to resolve disputes informally by contacting the Company’s designated Grievance Officer in accordance with these Terms.

52.2 Mediation

If a dispute is not resolved within thirty (30) days of initiating informal resolution, the parties may attempt to resolve the dispute through mediation under Indian law, conducted by a mutually agreed mediator.

52.3 Arbitration

Subject to Clause 52.4 and Applicable Law, disputes that are not resolved through informal resolution or mediation may be finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

• Seat and venue of arbitration: Jaipur, Rajasthan, India
• Language of arbitration: English
• Number of arbitrators: One (1)
• Arbitrator appointment: In accordance with the rules of the Indian Council of Arbitration

Users acknowledge that arbitration involves a waiver of the right to a trial before a court or jury, to the extent permitted by Applicable Law.

52.4 Exceptions to Arbitration

The arbitration requirement shall not apply to:

• Claims relating to intellectual property rights
• Requests for interim or injunctive relief
• Statutory consumer complaints or consumer disputes
• Actions initiated by government authorities or regulatory bodies
• Nothing in this Clause shall prevent either party from seeking urgent interim or injunctive relief before a competent court of jurisdiction to protect intellectual property, confidential information, or prevent irreparable harm.

52.5 Small-Value Claims

Claims involving amounts below ₹20,000 may be brought before competent courts or forums of appropriate jurisdiction, where permitted by Applicable Law.

52.6 Class Action Waiver

To the maximum extent permitted by Applicable Law, disputes shall be brought only in an individual capacity and not as part of any class, collective, or representative action.

52.7 No Reliance on Public Availability or Access

The availability of any portion of the Platform, documentation, interfaces, repositories, examples, demonstrations, or source code in a public or accessible format shall not be construed as granting any license, right of use, or permission to copy, modify, reproduce, redistribute, commercialize, or otherwise exploit the Platform or its technical components.

Users expressly acknowledge that public visibility, temporary access, educational references, or open-source distribution of limited components does not constitute a waiver of the Company’s intellectual property rights, nor does it permit the development of derivative works, competing services, or commercial products without prior written authorization.

References to the “Company” in these Terms shall be deemed to refer to the Platform operator, whether acting as an individual, sole proprietor, or through any present or future legal entity.

52.8 Interpretation of the Term “Company”

References to the “Company” in these Terms shall be deemed to refer to the Platform operator, whether acting as an individual, sole proprietor, or through any present or future legal entity.

53. TIME LIMIT FOR CLAIMS

53.1 Limitation Period

To the extent permitted by Applicable Law, Users agree that any claim, action, or proceeding arising out of or relating to the Platform or these Terms shall be brought within one (1) year from the date the User first became aware, or reasonably should have become aware, of the facts giving rise to such claim.

53.2 Statutory Limitation Rights

Nothing in this Clause shall limit or restrict any mandatory statutory limitation period applicable under Indian law, including the Limitation Act, 1963, or any non-excludable rights available under the Consumer Protection Act, 2019 or other Applicable Law.

Where a statutory limitation period applies and cannot be contractually reduced, such statutory period shall prevail.

54. NOTICES AND COMMUNICATIONS

54.1 Electronic Communications

Users consent to receive all notices, disclosures, updates, and other communications from the Company electronically, including via:

• Email associated with the User’s Account
• In-platform notifications or messages
• Postings on the Platform or official website

Such electronic communications shall constitute valid and legally effective notice, to the extent permitted by Applicable Law.

54.2 Legal Notices to the Company

All legal notices, demands, or official communications intended for the Company must be sent in writing to the contact details specified below:

• Email:support@vibeshared.com
• Address: India (Correspondence via email only)

Notices that are incomplete, improperly addressed, or sent to outdated or unofficial contact details may be deemed invalid.

55. ELECTRONIC RECORDS AND CONSENT

55.1 Electronic Consent

Users expressly consent to the use of electronic records, electronic execution of agreements, electronic communications, and electronic signatures in connection with their use of the Platform, in accordance with the Information Technology Act, 2000 and other Applicable Law.

55.2 Legal Validity of Electronic Records

Users acknowledge and agree that electronic records, logs, communications, and data maintained by the Company shall be deemed original, valid, and admissible as evidence, to the extent permitted by Applicable Law, including under the Information Technology Act, 2000 and the Indian Evidence Act, 1872.

56. WAIVER

56.1 No Implied Waiver

The failure or delay by the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it affect the Company’s ability to enforce such right or provision at a later time.

56.2 Written Waiver Only

Any waiver of any provision of these Terms shall be effective only if made in writing and signed or expressly authorized by the Company. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

57. CUMULATIVE REMEDIES

All rights and remedies available to the Company under these Terms are cumulative and in addition to, and not exclusive of, any rights or remedies provided by Applicable Law, unless otherwise expressly stated or restricted by law.

58. COMPLIANCE WITH LAWS

Users agree to comply with all Applicable Law in connection with their access to and use of the Platform, including without limitation all local, state, national, and international laws, regulations, and regulatory requirements, as well as all Platform policies, guidelines, and instructions.

Failure to comply with this Clause may result in enforcement actions by the Company, including content removal, account suspension or termination, restriction of features, or reporting to relevant authorities, as permitted by Applicable Law.

59. NO PARTNERSHIP OR AGENCY

Nothing in these Terms shall be deemed to create any partnership, joint venture, agency, employment, fiduciary, or representative relationship between the Company and any User.

Users have no authority to bind, represent, or act on behalf of the Company in any manner whatsoever, and the Company shall not be responsible for any acts or omissions of Users.

60. EXPORT CONTROLS AND SANCTIONS

Users shall not access or use the Platform in violation of any applicable export control laws, economic sanctions, trade restrictions, or embargoes imposed by India, the United Nations, the United States, the European Union, or any other relevant authority.

The Company may restrict, suspend, or terminate access to the Platform, without notice, where such access or use would result in a violation of applicable laws or regulatory requirements.

The Company shall not be liable for any losses or consequences arising from such restrictions imposed for legal or compliance reasons.

Users represent and warrant that they are not located in, or a resident of, any jurisdiction subject to comprehensive sanctions.

61. LANGUAGE AND TRANSLATIONS

61.1

These Terms are drafted in the English language.

61.2

Any translations of these Terms are provided solely for convenience and informational purposes.

61.3

In the event of any inconsistency, conflict, or discrepancy between the English version and any translated version, the English version shall prevail and be legally binding.

62. MODIFICATION AND AMENDMENT

62.1

The Company reserves the right to modify, update, or amend these Terms at any time.

62.2

For material changes that affect user rights or obligations, reasonable notice will be provided by:

• Posting an updated version on the Platform
• Displaying a notice or banner within the Platform
• Updating the "Last Updated" date of these Terms

62.3

In cases involving legal compliance, security, or risk prevention, changes may take effect immediately without prior notice.

62.4

Continued access to or use of the Platform after the effective date of any modification constitutes acceptance of the revised Terms.

62.5

If a User does not agree with the modified Terms, the User may discontinue use of the Platform and terminate their Account.

Modifications may include changes to Platform features, data handling practices, account management processes, or deletion mechanisms, subject to Applicable Law.

63. HEADINGS AND FORMATTING

Headings are included for convenience and shall not affect interpretation.

Headings and formatting are provided for convenience only and shall not affect the interpretation, construction, or enforceability of these Terms.

64. SEVERABILITY

The severability of provisions shall be governed by Clause 93 (Severability and Blue-Pencil Clause).

PART 6: DATA PROTECTION

65. DATA PROTECTION FRAMEWORK AND LEGAL BASIS

65.1 Applicable Data Protection Laws

The Company processes Personal Data in accordance with:

• Digital Personal Data Protection Act, 2023 (India)
• Information Technology Act, 2000 and related rules
• General Data Protection Regulation (EU) 2016/679, where applicable
• Other applicable data protection laws

Where multiple laws apply, the Company shall comply with the highest applicable standard, subject to legal feasibility.

65.2 Roles Under Data Protection Laws

For the purposes of data protection legislation:

• The Company acts as a Data Fiduciary under the DPDP Act
• The Company acts as a Data Controller under GDPR
• Certain service providers act as Data Processors

65.3 Lawful Basis for Processing (GDPR)

Where multiple laws apply, the Company shall comply with the applicable requirements of such laws to the extent legally required and operationally feasible.

• User consent
• Performance of a contract
• Legal obligation
• Legitimate interests
• Protection of vital interests

Where processing is based on legitimate interests, such interests shall be balanced against the rights and freedoms of Users in accordance with GDPR requirements.

65.4 Consent Under DPDP Act

Under the DPDP Act:

• Processing is based on free, informed, specific, and unambiguous consent
• Consent may be withdrawn at any time
• Withdrawal does not affect prior lawful processing
• Consent withdrawal shall be as easy as giving consent
• Processing may also occur under deemed consent or other lawful grounds as permitted under the Digital Personal Data Protection Act, 2023.

Consent mechanisms, lawful bases for processing, and consent withdrawal procedures are detailed in the Privacy Policy and shall apply in full to these Terms.

66. CATEGORIES OF PERSONAL DATA

The Company may process the following categories of Personal Data, depending on the features used and interactions with the Platform:

• Account identifiers
• Contact information
• Profile data
• User-generated content
• Communications
• Technical data (such as IP address, device information, and logs)
• Transactional data (if applicable)

Personal Data that requires enhanced protection under Applicable Law, including children’s data or data that may pose a risk of significant harm, shall be processed with additional safeguards.

67. PURPOSE LIMITATION AND DATA MINIMIZATION

67.1 Personal Data is collected and processed only for the following purposes:

• Providing and operating Platform services
• Security, fraud prevention, and abuse detection
• Compliance with Applicable Law
• Customer support and grievance handling
• Platform improvement, including analytics and performance optimization

67.2

The Company shall not process Personal Data beyond the stated purposes unless a valid lawful basis exists under Applicable Law.

Only such Personal Data as is reasonably necessary for the stated purposes shall be collected and processed.

68. DATA PRINCIPAL / DATA SUBJECT RIGHTS

68.1 Rights Under the DPDP Act

Users have the right to:

• Access Personal Data
• Request correction or updating
• Request erasure of Personal Data, subject to Applicable Law
• Withdraw consent
• Nominate another person to exercise rights
• Grievance redressal
• Access a summary of Personal Data processed

68.2 Rights Under GDPR

Where GDPR applies, Users also have the right to:

• Data portability
• Restriction of processing
• Objection to processing
• Lodge complaints with supervisory authorities

68.3 Exercise of Rights

These rights may be exercised through:

• Account settings
• Designated contact or grievance channels

Identity verification may be required to protect Personal Data and prevent unauthorized access.

The Company shall respond to valid rights requests within the timelines prescribed under Applicable Law.

69. CONSENT MANAGEMENT AND WITHDRAWAL

69.1

Users may withdraw consent at any time, subject to Applicable Law.

Withdrawal of consent shall not affect the lawfulness of any processing carried out prior to such withdrawal.

69.2

Withdrawal of consent may result in:

• Inability to provide specific features that require such consent
• Graceful degradation of services
• Account restriction (not termination) where such processing is essential for Platform operation

69.3

The Company shall not terminate a User’s Account solely on the basis of consent withdrawal. Where feasible, alternative services that do not require the withdrawn consent shall be offered.

70. DATA PORTABILITY AND ACCESS

Where legally required under Applicable Law:

• Users may request a copy of their Personal Data
• Such data shall be provided in a structured, commonly used, and machine-readable format
• Requests may be limited or denied where legally permitted, including for security, privacy, or technical reasons

Identity verification may be required before fulfilling such requests.

The Company shall process valid requests within the timelines prescribed under Applicable Law.

71. DATA RETENTION AND ERASURE

71.1

Personal Data shall be retained only for as long as is reasonably necessary to fulfill the purposes for which it was collected, or as required under Applicable Law.

This clause shall be read together with Clause 33 (Data Retention and Deletion) and the Account Deletion & Data Removal Policy.

71.2

Requests for erasure of Personal Data shall be honored unless retention is required or permitted under Applicable Law, including where:

• Retention is required by law or regulatory obligation
• Data is necessary for the establishment, exercise, or defense of legal claims
• Retention is required for security, fraud prevention, or abuse detection
• Retention is otherwise permitted under the Digital Personal Data Protection Act, 2023

Erasure shall be carried out in accordance with Applicable Law and may be subject to reasonable technical and operational timelines.

72. CHILDREN’S DATA PROTECTION

72.1

For the purposes of these Terms, a “Child” means an individual below the age of eighteen (18) years, as defined under the Digital Personal Data Protection Act, 2023.

Where the Platform processes Personal Data of a Child:

• Such processing shall comply with all child-specific safeguards prescribed under the Digital Personal Data Protection Act, 2023
• Behavioral monitoring, tracking, or targeted advertising directed at Children shall not be carried out, except where expressly permitted by Applicable Law
• Verifiable parental or lawful guardian consent shall be obtained in accordance with Section 9 of the Digital Personal Data Protection Act, 2023

Nothing in this clause prevents the Platform from permitting access to Users between 13 and 17 years of age with verifiable parental or lawful guardian consent, as described elsewhere in these Terms.

72.2

Accounts found to be in violation of child safety requirements, including age misrepresentation or absence of required parental consent, may be suspended or terminated immediately, and appropriate action may be taken as required under Applicable Law.

73. DATA SECURITY SAFEGUARDS

73.1

The Company implements reasonable technical, administrative, and organizational security safeguards designed to protect Personal Data, including but not limited to:

• Encryption
• Access controls
• Audit logging
• Incident response and mitigation plans

73.2

Security measures are periodically reviewed and updated in accordance with evolving industry standards, risk assessments, and legal requirements.

While the Company takes reasonable measures to protect Personal Data, no system can be guaranteed to be completely secure.

74. DATA BREACH RESPONSE

This Clause shall be read together with Clause 42 (Data Breach Response and Liability) and does not expand liability beyond what is permitted under Applicable Law.

74.1

In the event the Company becomes aware of a personal data breach, the Company shall take reasonable steps to:

• Assess the nature, scope, and potential impact of the breach
• Notify the appropriate authorities or regulatory bodies where required under Applicable Law
• Notify affected Users where such notification is legally mandated

74.2

All notifications shall be made within the timelines prescribed under Applicable Law and shall not be construed as an admission of fault or liability.

75. CROSS-BORDER DATA TRANSFERS

75.1

Personal Data may be transferred, stored, or processed outside India only where such transfers are permitted under Applicable Law, including the Digital Personal Data Protection Act, 2023, and subject to any restrictions, conditions, or notifications issued by the Government of India.

Where applicable, such transfers shall be carried out subject to appropriate safeguards, which may include adequacy determinations, contractual protections, or other lawful mechanisms.

75.2

Where required by Applicable Law, Users consent to such cross-border transfers of their Personal Data.

75.3 Use of Third-Party Infrastructure Providers

The Platform utilizes third-party cloud infrastructure and service providers for data storage, processing, and content delivery, including but not limited to database hosting and media management services.

As a result, Personal Data and User Content may be stored or processed on servers located outside India, subject to Applicable Law, contractual safeguards, and the Digital Personal Data Protection Act, 2023.

75.4 Infrastructure Evolution and Hosting Flexibility

The Company may modify, replace, or transition its technical infrastructure, hosting environment, or service architecture over time, including the use of self-hosted systems, proprietary infrastructure, or alternative third-party service providers.

Any such changes shall be implemented in accordance with Applicable Law and the Platform’s then-current data protection, security, and privacy practices.

76. DATA PROCESSORS AND THIRD PARTIES

76.1 Engagement of Data Processors

The Company may engage third-party service providers and data processors to process Personal Data on its behalf. Such processors are engaged under written agreements that require compliance with Applicable Law and appropriate data protection obligations.

76.2 Security and Safeguards

Data processors are required to implement reasonable technical and organizational safeguards designed to protect Personal Data and prevent unauthorized access, disclosure, or misuse.

76.3 Limitation of Responsibility

The Company shall not be responsible for the independent acts, omissions, or misuse of data by third parties or external services that are not under the Company’s direct control, provided that the Company has complied with its legal obligations in selecting and contracting with such processors.

This limitation does not apply where liability cannot be excluded under Applicable Law.

77. DATA PROTECTION CONTACT

The Company has designated a contact point to address matters relating to data protection, privacy, and the exercise of rights under Applicable Law.

Users may contact the Company regarding Personal Data, privacy concerns, or rights requests through the contact details provided in the Privacy Policy or the Grievance Redressal section of these Terms.

The appointment of a formal Data Protection Officer shall be made where and when required under Applicable Law.

78. REGULATORY COOPERATION

The Company shall cooperate with competent regulatory authorities, supervisory authorities, and law enforcement agencies, including the Data Protection Board of India, in response to lawful requests and in accordance with Applicable Law.

Such cooperation shall be subject to due process, legal obligations, and applicable safeguards for the protection of User rights and Personal Data.

79. SIGNIFICANT DATA FIDUCIARY COMPLIANCE

79.1

If and when the Company is classified or notified as a Significant Data Fiduciary by the Government of India under Section 10 of the Digital Personal Data Protection Act, 2023, the Company shall comply with the additional obligations applicable to Significant Data Fiduciaries, including but not limited to:

• Appointment of a Data Protection Officer
• Appointment of an independent data auditor, where required
• Conducting Data Protection Impact Assessments
• Periodic audits and reviews of data protection policies and practices

79.2

Any additional obligations or compliance measures notified under Applicable Law shall be implemented within the timelines prescribed by such law.

80. PRIVACY BY DESIGN AND DEFAULT

80.1

The Company incorporates privacy and data protection principles into the design and operation of the Platform through reasonable technical and organizational measures, including:

• Privacy-friendly default settings
• Data minimization at the point of collection
• Purpose limitation through system architecture
• Security-by-design principles

80.2

Privacy settings may be user-configurable where appropriate, subject to Platform functionality, security requirements, and Applicable Law.

80.3 Prohibition on Platform Cloning and Competitive Use

Users shall not use the Platform, its APIs, technical architecture, documentation, workflows, or operational insights to develop, train, assist, or operate any product or service that is substantially similar to, competitive with, or intended to replicate the Platform’s core functionality.

This includes, without limitation, the use of Platform access for data harvesting, dataset creation, model training, benchmarking, reverse construction, or commercial exploitation of competing systems.

This prohibition expressly includes the use of the Platform, its APIs, or any data, outputs, or insights derived therefrom for the purpose of training, fine-tuning, validating, or operating artificial intelligence, machine learning, or similar computational models or datasets.

No implied license is granted for data mining, text and data mining (TDM), machine learning ingestion, model training, or dataset extraction.

PART 7: PLATFORM INTEGRITY

81. PLATFORM INTEGRITY AND ABUSE PREVENTION

81.1 Commitment to Platform Integrity

The Company is committed to maintaining the integrity, safety, reliability, and lawful operation of the Platform. To achieve this, the Company may implement reasonable technical, procedural, and organizational measures designed to detect, prevent, investigate, and respond to misuse, abuse, or manipulation of the Platform.

81.2 Prohibited Manipulative Practices

Users shall not engage in practices intended to artificially manipulate, distort, or interfere with Platform functionality, metrics, or user experience, including but not limited to:

• Fake or automated engagement (likes, follows, comments, impressions)
• Coordinated inauthentic behavior
• Account farming, resale, or transfer
• Engagement rings, traffic exchanges, or similar schemes
• Incentivized interactions without clear disclosure
• Misrepresentation of identity, reach, or influence

Detection of such practices may result in enforcement actions at the Company’s discretion, including content removal, feature restrictions, account suspension, or termination.

82. AUTOMATION, AI, AND ALGORITHMIC SYSTEMS

82.1 Use of Automated Systems

The Platform may utilize automated systems, including algorithms, machine learning models, and artificial intelligence, either independently or in combination with human review, for purposes including but not limited to:

• Content moderation
• Spam, fraud, and abuse detection
• Ranking, recommendation, and content distribution
• Platform security and integrity
• Operational optimization and feature improvement

Users acknowledge that automated systems are probabilistic in nature and may produce false positives or false negatives. The Company does not guarantee error-free outcomes.

82.2 Automated Decision Review Rights

In compliance with Section 14(2) of the Digital Personal Data Protection Act, 2023:

• Users may request a review of decisions that are solely automated and that significantly affect them
• The Company shall provide a reasonable mechanism to request review of automated content moderation, account restrictions, or monetization decisions
• Review requests shall be processed within timelines prescribed by Applicable Law, ordinarily within fifteen (15) days
• Where legally required, the Company shall provide meaningful information regarding the logic involved, subject to confidentiality, security, and abuse-prevention considerations

Where GDPR applies, this clause shall be interpreted in a manner consistent with Article 22 of the GDPR.

82.3 Algorithmic Neutrality and Visibility Disclaimer

The Company does not guarantee:

• Algorithmic neutrality
• Perceived fairness or equal treatment
• Equal reach, impressions, or visibility
• Chronological or unfiltered ordering of Content

Algorithmic outcomes may be influenced by multiple factors, including relevance, engagement signals, user preferences, safety considerations, policy compliance, system integrity, and historical account behavior.

83. TRANSPARENCY LIMITATIONS

83.1 Confidentiality of Enforcement and Safety Systems

To protect the integrity, security, and effectiveness of the Platform, the Company does not disclose, and is not obligated to disclose, information relating to:

• Internal moderation thresholds or scoring criteria
• Detection methodologies, signals, or heuristics
• Enforcement triggers or internal decision logic
• Risk assessment, trust, or reputation scoring systems
• Internal policies, guidelines, or procedures not publicly published

Disclosure of such information could reasonably compromise Platform safety, enable circumvention of safeguards, or facilitate abuse, manipulation, or unlawful activity.

83.2 Communication of Enforcement Decisions

Enforcement actions may be communicated to Users in summary or high-level form. Subject to Applicable Law, the Company is not required to provide:

• Detailed internal reasoning or analysis
• Underlying evidence, signals, or model outputs
• Internal logs, audit trails, or risk indicators

Nothing in this clause limits the Company’s obligation to provide information where disclosure is expressly required under Applicable Law, including applicable consumer protection, data protection, or regulatory requirements.

84. REPORTING ABUSE AND MISUSE

84.1 Reporting Mechanisms

Users may report Content, Accounts, or activities that they reasonably believe violate these Terms or Applicable Law, including but not limited to:

• Content violations
• Account abuse or misuse
• Harassment, threats, or hate-based conduct
• Impersonation or identity misuse
• Spam, scams, or fraudulent activity
• Child safety or exploitation concerns

Reports may be submitted through in-platform reporting tools or other designated communication channels made available by the Company.

84.2 False, Abusive, or Malicious Reporting

The Company may take enforcement action against Users who engage in knowingly false, misleading, abusive, or malicious reporting, including where reporting mechanisms are used to harass, intimidate, retaliate against, or unfairly target other Users.

Good-faith reports submitted honestly and without malicious intent shall not result in enforcement action against the reporting User, even if the Company ultimately determines that no violation occurred.

85. REPEAT OFFENDER AND ESCALATION POLICY

85.1 Progressive Enforcement

The Company may apply progressive and proportionate enforcement measures based on the nature, severity, and frequency of violations, including but not limited to:

• Warnings or notices
• Feature or functionality restrictions
• Temporary account suspensions
• Permanent account termination

85.2 Repeat Infringers

Users identified as repeat infringers or habitual violators may be subject to enhanced or accelerated enforcement measures, which may include:

• Escalated penalties for subsequent violations
• Reduced, but not eliminated, appeal opportunities
• Permanent bans or long-term restrictions
• Account-level, device-level, or network-level restrictions, to the extent permitted by Applicable Law

85.3 Circumvention of Enforcement

Users shall not attempt to evade, bypass, or circumvent enforcement actions, including by:

• Creating new or alternate accounts after enforcement
• Using proxies, VPNs, or similar tools for the purpose of evading lawful enforcement measures imposed under these Terms.
• Misrepresenting identity or account ownership
• Accessing the Platform through third-party or shared accounts

Any attempt to circumvent enforcement measures constitutes a material breach of these Terms and may result in immediate and permanent enforcement action.

86. PLATFORM SAFETY AND EMERGENCY MEASURES

86.1 Emergency Actions

Where the Company reasonably believes that circumstances involve:

• Credible threats of physical harm or violence
• National security or public safety concerns
• Serious unlawful activity
• Legal, regulatory, or governmental mandates

The Company may, in good faith and in accordance with Applicable Law, take immediate and proportionate action, including but not limited to:

• Suspension or restriction of Accounts
• Removal or disabling of access to Content
• Disclosure of information to competent authorities
• Preservation of records, logs, or evidence

Such actions may be taken without prior notice to Users where advance notice is not feasible, may compromise safety, or is prohibited by law.

87. COOPERATION WITH LAW ENFORCEMENT

87.1

The Company may cooperate with law enforcement agencies, regulatory bodies, and judicial or governmental authorities where such cooperation is required or permitted under Applicable Law.

87.2

Such cooperation may include, subject to lawful process and applicable safeguards:

• Disclosure of information in response to valid legal requests or orders
• Preservation of records, logs, or evidence as required by law
• Compliance with court orders, subpoenas, or governmental directives

Any disclosure shall be limited to the extent reasonably necessary and consistent with Applicable Law and data protection obligations.

88. MISUSE CONSEQUENCES AND NO REFUNDS

Nothing in this clause limits any non-excludable refund or compensation rights available under the Consumer Protection Act, 2019 or other Applicable Law.

88.1 Consequences of Violations

Enforcement actions taken in response to violations of these Terms or Applicable Law may result in one or more of the following consequences:

• Loss of access to the Platform or specific features
• Removal or loss of Content
• Suspension or termination of monetization features
• Forfeiture of accrued benefits, credits, or privileges

88.2 No Refunds or Compensation

Except where required under Applicable Law, including applicable consumer protection laws, no refunds, reimbursements, or compensation shall be provided for losses arising from lawful enforcement actions, including account suspension, termination, or content removal.

89. USER ACKNOWLEDGEMENT OF ENFORCEMENT AUTHORITY

Users acknowledge and agree that:

• The Company has reasonable discretion to interpret, apply, and enforce these Terms in good faith and in accordance with Applicable Law
• Enforcement actions are undertaken to protect Platform integrity, user safety, legal compliance, and operational stability
• A User’s disagreement with an enforcement decision, by itself, does not constitute a breach of these Terms or wrongdoing by the Company
• Enforcement decisions are presumed to be made in good faith and in the interest of Platform integrity unless determined otherwise by a competent authority.

Nothing in this clause limits a User’s right to seek review or appeal of enforcement actions through the mechanisms provided under these Terms or as required by Applicable Law.

90. APPEAL PROCESS AND TIMELINES

90.1 Right to Appeal

Users may submit an appeal against enforcement actions, including content removal, account suspension, or monetization restrictions, within thirty (30) days of receiving notice of such action.

90.2 Acknowledgement of Appeals

The Company shall make reasonable efforts to acknowledge receipt of appeals within seventy-two (72) hours.

90.3 Appeal Review Timelines

Subject to verification requirements and case complexity, the Company shall ordinarily aim to provide a decision within:

• Fifteen (15) days for content-related appeals
• Thirty (30) days for account suspension or restriction appeals

90.4 Extensions for Complex Matters

Appeals involving complex factual issues, legal considerations, regulatory obligations, or third-party coordination may require additional time. In such cases, Users may be informed of reasonable extensions.

90.5 Communication of Decisions

Appeal outcomes shall be communicated to Users in writing or through electronic means made available on the Platform.

PART 8: FINAL PROVISIONS

91. USER REPRESENTATIONS AND WARRANTIES

91.1 User Representations

By accessing or using the Platform, you represent and warrant, to the best of your knowledge and belief, that:

• You have read, understood, and agreed to these Terms
• You have the legal capacity and authority to enter into this Agreement
• Information provided by you is accurate, complete, and current where required
• Your access to and use of the Platform complies with Applicable Law
• You will not use the Platform for unlawful, fraudulent, or prohibited purposes

91.2 User Content Representations

You further represent and warrant that your User Content:

• Does not infringe or misappropriate intellectual property or proprietary rights
• Does not violate privacy, publicity, or personality rights
• Does not contain unlawful, misleading, deceptive, or harmful material

92. ACKNOWLEDGEMENT OF PLATFORM ROLE

Vibeshared is a digital social platform that enables users to create, share, and discover user-generated content and interact with other users, subject to moderation, safety, and compliance requirements.

92.1 Platform and Intermediary Role

Users acknowledge and agree that the The Company operates as a technology platform and intermediary within the meaning of Applicable Law, including the Information Technology Act, 2000.

• The Company does not guarantee outcomes, visibility, reach, engagement, or success of any Content or activity
• The Company does not endorse, verify, or assume responsibility for User Content
• The Company does not control or direct User interactions beyond enforcement of these Terms

92.2 User Responsibility

To the extent permitted by Applicable Law, Users acknowledge that they are solely responsible for their interactions, communications, conduct, and any consequences arising from use of the Platform, whether online or offline.

93. SEVERABILITY AND BLUE-PENCIL CLAUSE

93.1

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. Where such modification is not possible, the provision shall be severed.

93.2

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

94. NO CONSTRUCTION AGAINST DRAFTER

To the extent permitted by Applicable Law, these Terms shall not be construed against the Company solely on the basis that the Company drafted or prepared this Agreement.

Nothing in this clause shall limit or override any mandatory statutory protections available to Users under applicable consumer protection or contract laws.

95. EQUITABLE RELIEF

Users acknowledge that a breach of these Terms may cause irreparable harm to the Company for which monetary damages may be an inadequate remedy.

Accordingly, to the extent permitted by Applicable Law, the Company shall be entitled to seek injunctive relief, specific performance, or other equitable remedies from a court of competent jurisdiction, in addition to any other remedies available under law.

Nothing in this clause shall prevent a court from determining the necessity or conditions of such relief in accordance with applicable legal principles.

Nothing in this clause limits any rights available to Users under Applicable Law.

96. GOVERNMENT ORDERS AND LEGAL COMPLIANCE

96.1

The Company may comply with valid and lawful orders, directions, or mandates issued by courts, governmental authorities, or regulatory bodies, in accordance with Applicable Law.

Where disclosure to Users is prohibited by law, court order, or governmental direction, such compliance may be carried out without prior notice to affected Users.

96.2

Compliance with lawful orders or legal obligations shall not constitute a breach of these Terms or give rise to any liability on the part of the Company.

97. FORCE OF ELECTRONIC ACCEPTANCE

97.1

These Terms constitute an electronic agreement executed in accordance with the Information Technology Act, 2000 and applicable electronic contracting laws.

97.2

User actions that constitute valid acceptance of these Terms include, without limitation:

• Creating or registering an Account
• Clicking an “Agree”, “Accept”, or similar button where such option is presented
• Accessing or using the Platform after being provided reasonable notice of these Terms

97.3

Electronic acceptance of these Terms has the same legal force, validity, and enforceability as a handwritten or physical signature.

98. UPDATES AND CONTINUED ACCEPTANCE

98.1

Updated versions of these Terms shall be made available on the Platform, and material changes shall be communicated in accordance with Clause 62.

98.2

Subject to Applicable Law, continued access to or use of the Platform after the effective date of updated Terms, following reasonable notice, constitutes acceptance of such updates.

98.3

Users are responsible for reviewing these Terms periodically to remain informed of any changes.

99. TERMINATION OF AGREEMENT

99.1

This Agreement shall remain in effect until terminated by either:

• The User, through account deletion or cessation of use of the Platform
• The Company, through enforcement action, suspension, or termination in accordance with these Terms

99.2

Termination of this Agreement shall not affect any rights, obligations, or liabilities accrued prior to termination, nor shall it affect provisions that by their nature or as expressly stated are intended to survive termination, including as set out in Clause 47.

100. FINAL DISCLAIMER

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

USE OF THE PLATFORM IS AT YOUR OWN RISK AND SUBJECT TO THE DISCLAIMERS, LIMITATIONS, AND CONDITIONS SET FORTH IN THESE TERMS.

101. CONTACT AND LEGAL INFORMATION

102. ENTIRE AGREEMENT CONFIRMATION

This document constitutes the entire legally binding agreement between the User and Vibeshared regarding use of the Platform.

No oral or written statements outside this document shall have any effect.

103. EFFECTIVE DATE

These Terms are effective as of:

Effective Date: 2 February 2026

ADVERTISING AND THIRD-PARTY MONETIZATION

The Platform may display third-party advertisements, sponsored content, or promotional materials. Such advertisements may be provided by third-party advertising networks or partners.

Where required under applicable law, including the General Data Protection Regulation (GDPR) and the Digital Personal Data Protection Act, 2023, advertising cookies or similar tracking technologies shall only be activated after obtaining valid user consent.

Third-party advertisers may use cookies, web beacons, or similar technologies to collect information about user interactions with advertisements, subject to applicable law and user consent preferences.

The Company does not control the content of third-party advertisements and does not endorse advertised products or services.

Users may manage advertising and cookie preferences through the Platform’s consent management tools.