Terms of Service

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 Leochats (“We”, “Us”, or “Our”).

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 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 the App are as below:

Email Address: grievance.leochats@gmail.com

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. Users may interact with other users globally. Certain profile information may be optional. 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 act as an intermediary platform and are not responsible for user-generated content, subject to applicable law.

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 regarded 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:

• 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 users globally (including Streamers), 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 other Users (including Streamers) on the App. Certain profile information may be optional. 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.

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.

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.

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.

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.
• Depicts content which is sexually explicit, 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.
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order.
• Is in the nature of an online game that is not verified as a permissible online game.
• Is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner.
• Infringes on any third party's rights, including copyright, trademark, privacy, and publicity rights.
• May be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event.
• Threatens, harasses, or bullies other Users or third parties, including depictions of violence or inciting violence, including suicide.
• 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.

SUPPORT

The Company offers email based, and in App online support tools for users. You may access support by emailing at support@leochats.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 is solely within the domain of legal or judicial authorities. 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.leochats@gmail.com.

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 and media now known or which may come into existence later.

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.
• Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.
• 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.
• 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.
• 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.
• Upload or transmit files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
• Post any content which is defamatory of any person, obscene, offensive, hateful or inflammatory.
• 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, outside of the App. If a User or Streamer are found to have engaged in payments outside the App, we reserve the right to suspend accounts and restrict access to funds in cases of such policy violations, subject to applicable law.

You will promptly update your account information with the Company or the payment processor, as applicable, of any changes 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.

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. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

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.
• 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.

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.

PRIVACY POLICY

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

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.

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.

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.

You may use the Company Materials solely as authorized by Us in connection with Your use of the Services. You may not copy, imitate or use any trademarks without the Company's prior written consent.

THIRD-PARTY CONTENT

The App may contain links, information or pointers to other websites or services. 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.

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.

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 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.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY 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, We may:

• 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 Your internet service providers.
• Commence legal action against You, whether for contractual breach or otherwise.
• Reserve the right to suspend accounts and restrict access to funds in cases of policy violations, subject to applicable law.

GOVERNING LAW

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

OTHER TERMS