Terms of Use

We are on a mission to make dating and friendship easier, inclusive, and more accessible on the internet. Our “Services” include all services on the mobile application and the website, whether charged or free-of-charge, offered by Hi Hello to encourage virtual meet-ups between Members who have a mutual interest in one another, according to the preferred search criteria.

 Please read the Agreement before creating an account. If you (the “User”) do not wish to be bound by these Terms of Use, do not access or use our Services.

1. Introduction: 

A.    The User agrees to be legally bound by these Terms of Use, Privacy Policy, Cookie Policy, Community Guidelines, Safety Tips, etc.

B.    Hi Hello reserves the right to amend, modify, and change these Terms of Use at any time without prior notice to the User. The onus is on the User to keep checking the website (Hihelloapp.com/home>Policies> Terms of Use) for the updated Terms of Use from time to time. Hi Hello may also bring such changes to the User’s attention through an e-mail or a push notification through the mobile application before the updated terms become effective. 

C.    In case the User does not accept the updated terms, he/she should not use the Services and if the User continues to use the Services after such modification or change, the notice and acceptance of the same shall be automatically presumed and perceived.

D.   In rare cases, we may also discontinue any aspect of our Services at any time without any notice and liability.

1.  Purpose of the Services:

The sole purpose of the Services is to facilitate online friendships/ dating services between adults through an application software and/or website based on mutual interests and common language of the Members. The nature of the Services is not to be confused with any relationship counselling, marriage bureau services, immoral services, or any activity punishable by law. “Adults” means any individual above the age of 18 years. 

1. Scope of the Agreement: 

A.    Conflicting Rules: This Terms of Use Agreement determines the rights and liabilities of the parties who use the Services and is supplemented by the Privacy Policy and the Cookies Policy. In case these Terms of Use conflict with the Privacy policy or the Cookies Policy, the Terms of Use shall prevail.

B.    Independent Validity of Policies: All the policies, including but not limited to the Privacy Policy and Cookies Policy, of Hi Hello shall be enforceable and valid in law to the maximum extent permissible by law jointly and separately.

1. Account Eligibility:
   For creating an account and/or for using the Services, the User warrants that:

A.    The User is of at least 18 years of age, is legally qualified to be bound by this Agreement, and is not prohibited by law or jurisdiction to use the Services, 

B.    The User holds no criminal antecedents and has never been convicted by any tribunal or court of law.

C.    The User has never been barred by Hi Hello from using its Services earlier for whatsoever reason, 

In case even one warranty fails or is found to be untrue, the Account shall be deleted without any liability of notice, refund, or otherwise on Hi Hello.

1. Registration:

A.    After duly complying with the Eligibility criteria and making all endeavours to ensure the accuracy of the data put in, the User can register on the Services in the following ways:

                                          i.         The User can register for an Account using his phone number and/or an e-mail. Hi Hello will verify the phone number and/or the email address by validating the same upon registration.

                                        ii.         Though we may not have control over third parties, the User can also register an account using third-party login directly via Facebook or Gmail or Apple ID. The User’s consent to use the information retrieved from such login shall be implicit by his/her conduct.

B.     If you use any Third-Party Services, you understand that:

1. Third-Party Services and policies aren’t vetted, endorsed, or controlled by Hi Hello,
2. Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
3. Some Third-Party Services may request or require access to your data. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices (without any liability howsoever arising on Hi Hello), which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
4. If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
5. In rare cases, we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.

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1. User Warranties and Duties:
   Our mission is to make the internet a happier place, and our Services are designed to give you control and ownership over your content. We encourage you to express yourself freely, subject to a few requirements. In particular, you (the User) represent and warrant that:

A.    You will be compliant with this Agreement,

B.    You will be respectful to other Members, and will not involve in behaviours punishable by law,

C.    You will not create a fake or clone an existing account; 

D.   You will not share banking and other financial details with any Member,

E.    You will not solicit passwords from anybody

F.    You will not use somebody else’s account or create an account for the purpose of extracting any information which is intended to benefit the Competitors of Hi Hello; 

G.   You will not post any obscene or prohibited material

H.   You will not solicit money or other items of value from another user, whether as a gift, loan, or any form of compensation;

I.     You will not infringe or misappropriate the intellectual property rights of any third party

J.     You will not probe the vulnerability of the Services in absence of an explicit written agreement authorising the same between you and Hi Hello

K.   You will not make any attempt to upload viruses or other threats, or participate in malfunctioning of the Services

L.    You will not make any attempt for retrieving any data which may put the privacy of other members at risk

M.  You will not endorse any statements as having made by Hi Hello

N.   You will not engage in any activity which may amount to any form of hate speech, harassment, coercion, bullying, stalking, intimidation, assault, defamation, or harm to any person

O.   You are not undermining any third-party contractual obligations

P.    You are not involved in any activity or transaction that may harm Hi Hello’s reputation

Q.   You are responsible to have a stable internet connection to be able to use these services provided without any disruption. 

1. Content:

“Content” includes all graphics, text, and media expressed or shared through the Services, as defined below, by:

A.   User Content: “User Content” includes all graphics, text, and media expressed or shared through the Services by the User. 

                              i.         The User owes a responsibility to not post, share or circulate any content prohibited by law or anything that may attract legal liability onto the User or Hi Hello or any of its members, employees, or affiliates. Since the content is personal and unique to each User, the responsibility of User Content for all legal contexts shall solely be borne by the User. The User will indemnify, defend, release, and hold us harmless from any claims made in connection with User Content.

                             ii.         The User knows that we do not have any obligation to store any Content. 

                           iii.         The User will not violate any Content Guidelines which we may issue from time to time.

                           iv.         The User shall at all times refrain from indulging in any kind of Brand Promotional activity with or without consideration from the Brand. 

B.   Member Content: “Member Content” includes all graphics, text, and media expressed or shared through the Services by other users of the Services. Such content is displayed to the Users with the Member’s consent and directions.

                              i.         The User shall not retrieve, use, save or circulate any Member Content.

                             ii.         We reserve the right to terminate your account in case you violate Member Content terms.

C.   Our Content: “Our Content” includes all graphics, expressions, text, codes, algorithms, illustrations, logos, any intellectual property and similar media shared through the Services by Hi Hello. 

Though each party is responsible for its own Content as described above, the ownership of “Content” lies with Hi Hello and we have the right to control and delete any Content. We also reserve the right to not share intricate details and data about the User’s own account. Hi Hello assumes no responsibility for any content that you or another user or third party posts, sends, or receives through our services.

8.    Reporting: 

1. Hi Hello practices a zero-tolerance policy for inappropriate content, interactions and actions. In case you come across an unfortunate incident, report it to us at complaints@hihelloapp.com  along with copies of evidence (if any) and other relevant information. 
2. Hi Hello can, at anytime, terminate your account and ban you from using our Services in case you are found to have violated Content guidelines and can initiate appropriate legal proceedings against you.

1. Protection of Data:

Hi Hello cares for the protection of your personal data and respects your privacy. We suggest that you read the following clauses, and our Privacy Policy and Cookies Policy carefully to better understand how we process your personal data.

A.    It is being made explicitly clear here that the User shall be solely responsible for keeping his/her account safe including managing its password.

B.    When the User creates an account with us, we consider it as an enquiry about our products and Services. Hence, we may send you notifications and other communications regarding promotional offers. You may also opt-out of such promotional communication by using the appropriate links attached therewith or by contacting us.  

1. Rights granted to the User:
   For as long as you comply with these Terms, Hi Hello grants you a personal-use only, within India, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access, enjoy and use our Services for purposes as intended by Hi Hello and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply or violate these Terms.

1. Rights granted by the User:
   The User grants an exclusive perpetual right and license to save, delete, store, share, advertise, translate, and modify all “User Content” including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future.

1. Duty of Caution:
   Hi Hello has taken reasonable steps to ensure the availability, correctness and completeness of the information displayed on Hi Hello’s Services and provides that all information is on an "as is", "as available" basis. Hi Hello does not give or make any warranty or representation of any kind about the information contained on Hi Hello, whether express or implied. Use of Hi Hello and the materials available on its Services is at your sole risk. Hi Hello is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content. The Duty for careful use and enjoyment of Services rests upon the User. The User should employ his/her best judgement while interacting with other Users through the Services.

1. Renewal and Subscription: 

A.    Hi Hello offers free registration for women on our Services since our mission focuses on making friends and dating more accessible to women in India. For men, the subscription is mandatory from day one and our varied subscription plans can come in handy to them.

The subscription plans may vary on the basis of language, region, or company policy which may change from time to time without notice. Please also take a note of the following terms:

                                          i.         If the User purchases a subscription plan, it will automatically renew (at THEN-current prices) until he/she cancels, in accordance with the then terms.

                                        ii.         If you cancel your subscription before the expiration of your plan, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

                                      iii.         If some Services are usually provided subscription-free too, on cancellation of such subscription as mentioned in 13(B), the Profile shall not be removed.

B.    The Subscription can be purchased:

                                          i.         External Subscriptions: Externally through third-parties like Google Play Store, or Apple Store, or by any other method (Payment Methods) authorized by us. The Subscription can also be purchased via in-app purchase options and methods. If the User chooses to use any of these methods for the subscription, the payment policies of such third party service providers shall apply and Hi Hello will not be responsible for the same. 

                                        ii.         Internal Subscriptions: Internally through purchase methods available in-app or on website.

                                      iii.         If money is deducted from the User’s bank and the same is not credited to Hi Hello, the subscription will not be activated and such debited amount shall be refunded back to the original source of payment. The duration of such reverse credit may vary based upon the policies of third party payment providers. Hi Hello shall not be responsible to ensure such reversal and incase of any delay in reverse credit the User shall coordinate with their respective banks or such third party payment providers.

1. In App Features: Though most of the Services are offered free by Hi Hello, there may be certain functions which may be charged on your account. These In App Features are offered to you for non-guaranteed enhancement of your experience while using our Services. Any In App Feature related balance shown in your account does not constitute a real-world currency, balance or reflect any stored value, but instead constitutes a measurement of the extent of your license regarding the use of such enhancement.

1. Location-based Features: For your ease and accessibility, we support top Indian languages on our Services. We are constantly working for better support and translations with our best efforts, however, the User should use the Services at his/her own risk and best judgement. We disclaim any responsibility for any damages arising out of use of the Services. 

1. In-App Events: Hi Hello organizes in-app events from time-to-time as per Hi Hello’s internal policy. The User should note that Hi Hello holds no future liability for any statements, advice, and/or acts of the performers, mentors, coaches, advertisers, or attendees relating to in-app Events. The Intellectual Property of such content developed by the artists on the platform is owned by such artists creating them and Hi Hello has no rights, royalties, liabilities of any nature over the same.
    

1. Refund Policy: 

A.    Subscriptions and purchase of Virtual Items/Options are non-refundable and non-transferable, except if the laws applicable in the jurisdiction provide for refunds.

B.    Hi Hello reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you (the User) violated these Terms, misused our Services or behaved in a way that the company regards as inappropriate or unlawful, on or off our Services.

1.  Referral/Invite Policy: If any

1. Disabling/Deletion of Account:

A.    By the App: In violation of these Terms of Use, or Privacy Policy or Cookies Policy, Hi Hello may disable or delete your account in accordance with the terms provided hereunder this Agreement.

B.    By the User: The User may also choose to willingly delete or deactivate his account by goint to the Settings Menu > Deactivate or  Delete Account in the mobile application. 

1.  No liability for Criminal Background Check: 

A.    The User knows that Hi Hello does not currently conduct criminal background or identity verification checks on its Users or otherwise inquires into their background. Hi Hello makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of any and all Users. 

B.    We reserve the right to conduct—and you (the User) authorize Hi Hello to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose..

1.  Safety: 

Though Hi Hello engages Artificial-Intelligence-led content and behaviour moderation, we (including its managers, employees, affiliates, and others) are not responsible for the conduct of any User/Member on or off of the Services. The User (you) agrees to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.

1. Disclaimer: 

A.    Hi Hello provides Services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. 

B.    Hi Hello does not represent or warrant that (a) the services will be uninterrupted, secure, or error-free, (b) any defects or errors in our services will be discovered or corrected, or (c) that any content or information you obtain on or through our services will be accurate or appropriate for your purposes.

C.    Any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion. Hi Hello holds no responsibility for any Content that you or another User or third party posts, sends, or receives through our Services nor do we assume any responsibility for the identity, intentions, legitimacy, or veracity of any Users with whom you may communicate with. 

D.   Hi Hello is not liable for any mental, physical damage or distress howsoever arising to the User or its representatives or legatees. 

E.    Hi Hello is not liable for any damage to the User’s devices while using the Services or otherwise.

F.    Hi Hello is not liable for any illegal conduct of any Member (all types of scams, prostitution, identity theft, IPR infringement, etc.)

1. Notice and Procedure in case Hi Hello infringes upon your copyright:
   In case you feel that Hi Hello has infringed upon your copyright, reach out to us directly via sending an e-mail to support@hihelloapp.com with the subject line “Takedown Request”, along with:

A.    An affidavit affirming that you have the authority to act in this regard,

B.    Details and identification of the copyright with information reasonably sufficient to permit us to locate the material so allegedly infringed,

C.    Details of the infringement and a  statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

D.   Sufficient information to contact you back.

1. Ads and Promotions: 

A.    Most of our revenue may come from ads and promotions Thus, we reserve the right to insert ads and promotions in non-subscription and subscription-based versions  of our Services as well. 

B.    The App may contain links to websites of third-parties, including without limitation, advertisers, which are not under our control, and Hi Hello is not responsible for the content displayed, or any kind of material or media automatically or willingly downloaded by clicking on that link, or any changes or updates to such websites. Hi Hello provides these links as a convenience, and the inclusion of any link or ad does not imply that Hi Hello endorses or accepts any responsibility for the dealing or content on such third-party website.

1.  Limitation of Liability:
   Under no circumstances including acts of negligence, unless explicitly provided by law, shall Hi Hello (including but not limited to its owners, managers, developers, its affiliates, investors and others), be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, unemployment, loss of work or job, computer failure or malfunction, or any and all other economic damages or losses, even if we have been informed of the possibility of such damages.

1.  Dispute Resolution:

To ensure the timely and economical resolution of disputes that arise in connection with the terms mentioned in these Terms of Use, you agree that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance, or interpretation of this Agreement, to the fullest extent permitted by law first by direct negotiations and if the Dispute is still not resolved within thirty (30) days, ("Mutual Resolution Period") then the parties may choose to resolve the dispute through Arbitration by mutually appointing a Sole Arbitrator at Mumbai. You acknowledge the exclusive jurisdiction of the appropriate Court in Mumbai, Maharashtra for resolution of any Dispute.

1. Reformation And Severability:
   In case any provision of these Terms of Use shall be invalid, illegal, or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal, and enforceable but so as to most nearly retain the intent of the terms, and if such modification is not possible, such terms shall be severed from this document, and in either case, the validity, legality, and enforceability of the remaining terms and conditions of this document shall not in any way be affected or impaired thereby.

1. Governing Law:
   These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to principles of conflicts or choice of laws thereof.

1. Indemnity by the User:
   The User (you) shall indemnify, defend, and hold Hi Hello harmless, at his/her own expense, from and against any and all losses, penalties, liability, obligations, damages, third-party claims, demands, causes of action, costs, and expenses of whatever form or nature (each a “Claim” and collectively, “Claims”), including reasonable outside attorney’s fees and other costs of legal defense, arising out of or related to: (i) any negligent acts, omissions or willful misconduct by the you; (ii) your access to and use of the App; (iii) the uploading or submission of Content to the App by you; (iv) an actual or alleged breach of any of the duties, representations, warranties or covenants of this Agreement by you, except to the extent such indemnity is prohibited by law.

1. Voluntary Acceptance of Terms: The User’s acceptance to these Terms of Use if is knowingly, voluntary, and based solely on the Parties’ own judgments in consultation with their legal counsels, if any, and the Exiting Parties are not relying on any written or oral statement or promise other than as set out in this Agreement.

1. Withdrawal of Service: Hi Hello can withdraw and shut operations without any notice in case of any guideline or order issued by the government and/or a judicial body or due to an amendment in the law of the land. In such cases, where Hi Hello ceases to operate, we shall not be liable to repay the amount received towards subscription or any other unutilized purchases made on the app by the User.

1. Force Majeure: Hi Hello shall not be liable for its failure to perform under these Terms of Use Agreement as a result of any event of force majeure events like acts of god, epidemic or pandemic,  fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of Hi Hello, payment gateways or any other affiliate.