Terms and Conditions

II. USER ELIGIBILITY AND REGISTRATION OBLIGATIONS

• You must be at least 18 years of age to use or access the Application. In accordance with the applicable Indian laws, please do not use the Application if you are under the age of 18. The Application is not supposed to and neither is designed for the purpose of attracting and marketing to Users under the age of 18. By using our Platform, You agree that you are at least 18 years of age or older, and are capable, competent and able to comprehend these Terms.
• You must register on the Application using true, current, accurate and complete information as may be required to use the functionalities of the Application. In case of any change, modification, or deletion of the Personal Data provided by You, You may use our in-app settings to update your profile. You agree to receive text messages and phone calls (from us or our third-party service providers) with verification codes to register for the Application.
• You agree to maintain and promptly update the data provided by You during the registration process to keep your profile true, accurate, current, and complete.
• Our Platform requires a minimum level of device specifications including but not limited to data connection, operating system, free storage etc. to use the Platform. In order to use our Platform, You consent to manually or automatically download and install updates to our Platform from the concerned distributors. You also consent to our sending You notifications via our Platform from time to time, as necessary to provide our services to You.
• You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Platform.

III. ACCOUNT SECURITY

• You are responsible for maintaining the confidentiality of your account credentials, including login details, passwords, one-time passwords, authentication keys and devices associated with your account. You acknowledge that all activities carried out through your account on the Platform shall be deemed to have been performed by You, whether or not authorized by You.

• You agree to immediately notify the Company upon becoming aware of any unauthorized access to or use of your account, security breach, or compromise of credentials. The Company shall not be liable for any loss or damage arising from your failure to safeguard account credentials or from unauthorized access resulting from your acts or omissions.

• The Company may implement security measures including multi-factor authentication, device verification, session management, login alerts, access logs or other safeguards to protect the Platform. You acknowledge that such measures are intended to enhance security but do not guarantee absolute protection against unauthorized access or cyber incidents.

• You agree not to share your account credentials with any third party, not to permit multiple users to access a single account unless expressly permitted under an enterprise or organizational subscription, and not to use another person’s account without express authorization.

• The Company reserves the right to suspend, restrict or terminate your account, or require re-verification of credentials, where it reasonably believes that your account has been compromised, is being misused, is associated with suspicious or unlawful activity, or where such action is necessary to comply with applicable law or security requirements.

• You acknowledge that the Company may collect and process technical and security related information such as IP addresses, device identifiers, login timestamps and authentication logs for purposes of fraud prevention, security monitoring, regulatory compliance and protection of the Platform, in accordance with applicable law and the Privacy Policy.

• To know more about the Company’s security practices, please refer to the Privacy Policy.

IV.ACCEPTABLE USE OF OUR PLATFORM

• You must use the Platform according to our Terms and posted policies. If You violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, You agree not to create another account without our permission.
• You agree to use the Platform only for legitimate communication, collaboration and information-sharing purposes and in a manner that does not violate any applicable law, regulation, court order or governmental directive, including but not limited to the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023 and the rules made thereunder.
• You will not use (or assist others in using) our Application in ways that: (a) violate, misappropriate, or infringe the rights of Lifrica, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Application; (f) could damage, disable, overburden, impair or harm the Application; (g) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto dialing, and the like; or (f) involve any non-personal use of our Application unless otherwise authorized by us.

V. USER GENERATED CONTENT AND COMMUNICATIONS

• You shall retain ownership of all content, messages, communications, images, videos, files, and other material created, uploaded, transmitted or shared by You through the Platform (“User Content”). The Company does not claim ownership over User Content.
• Yourepresent and warrant that all User Content shared by You through the Platform is lawfully owned or duly authorized and does not infringe any copyright, trademark, patent, design, trade secret or other proprietary or intellectual property rights of any third party. The Company reserves the right to restrict, suspend, or terminate access of the Platform to a User who has been repeatedly identified as an infringer and comply with court orders or directions issued by competent governmental authorities in this regard.
• You acknowledge that communications transmitted through the Platform may pass through third-party networks, servers or service providers and that the Company does not guarantee that communications will be delivered, stored or retrieved without interruption, delay or error. The Company shall not be responsible for any loss, corruption or failure in transmission of User Content.
• The Company reserves the right to remove, block, restrict or disable access to any User Content where such action is required to comply with applicable law, court orders, governmental directions, or where such content violates these Terms. The Company may also suspend or terminate access for repeat violations.
• The Company does not exercise editorial control over User Content and does not monitor private communications except as required under applicable law. The Company acts solely as an intermediary and shall not be liable to the User or any third-party in relation to any kind of User Content circulated through personal messages, group chats, status or any other functionality as provided by the Company through the Platform from time to time.
• You acknowledge that deleted User Content may continue to exist in encrypted backups or system archives for a limited period in accordance with the Company’s data retention policies and applicable legal requirements, and shall not be accessible to other users during such period.
• Nothing in these Terms shall be construed as creating any obligation on the Company to store, retain or provide copies of User Content beyond what is required under applicable law.

VI. LICENSES

• Subject to your continued compliance with these Terms, the Company grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Platform solely for personal, lawful and non-commercial purposes. This license does not permit You to copy, reproduce, modify, distribute, transmit, sell, lease, sublicense, commercially exploit, reverse engineer, decompile, or disassemble the Platform. All rights not expressly granted are reserved by the Company.
• By using the Platform, You grant us a limited, worldwide, non-exclusive and royalty-free licence to host, store, reproduce, transmit, distribute and display User Content strictly to the extent necessary for operating, maintaining, securing and improving the Platform, enabling message delivery and storage, complying with applicable legal obligations, and enforcing these Terms. This licence shall continue only for so long as the User Content is retained on the platform and shall terminate upon lawful deletion of such content, subject to system backups, technical limitations and statutory retention requirements.

VII. THIRD PARTY SERVICES

The Application may allow You to access, use, or interact with third-party applications, websites, content, and other product and services (“Third Party Service(s)”). You hereby acknowledge and agree that your Personal Data may be shared with these Third Party Service(s) in accordance with the Privacy Policy. Please note that when you use Third Party Service(s), their own terms and privacy policies will govern your use of those services and products in addition to the Company’s Terms, Privacy Policy and any other policies published and made effective by the Company in accordance with its rights and duties.

VIII. INTELLECTUAL PROPERTY RIGHTS

All rights, title and interest in and to the Application, including without limitation the mobile application, software, source code, object code, algorithms, architecture, databases, user interfaces, designs, layouts, graphics, logos, trademarks, service marks, trade names, audio-visual elements, text, compilations, and all updates, enhancements, modifications and derivative works thereof (collectively, the “Platform Intellectual Property”), are and shall perpetually remain the exclusive property of the Company. Nothing contained in these Terms shall be construed as granting, by implication or otherwise, any right, title or interest in the Platform Intellectual Property to You, except as expressly provided herein.

IX. DISCLAIMER AND LIMITATION OF LIABILITY

• The Platform made available to You, is provided ‘As Is’ and without any warranties, claims or representations by us of any kind either express or implied, nor are there any warranties created by course of dealing, course of performance or trade usage. You hereby agree to bear the risks associated with the use of the Application.
• We do not control, and are not responsible for, controlling how or when our users use our application or the features, services, and interfaces our application provides. Weare not responsible for and are not obligated to control the actions or information (including User Content) of our Users or other third-parties.
• Without limiting the generality of the foregoing and to the maximum extent permitted by applicable law, the Company makes no representation or warranty, express or implied:
  • that the Application or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free;
  • that the the server that makes the same available are free of viruses or any other harmful codes, instructions, programs or components;
  • no advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein;
• To the maximum extent permitted by applicable law, the Company shall not be liable whether in contract, tort (including negligence, product liability, strict liability or other theory) or other cause of action at law, in equity, by statute or otherwise for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, revenues, use, data or other intangible losses) arising out of or in connection with the use or the inability to use the Application or any feature thereof even if we have been advised of the possibility of such damages.
• Youacknowledge and agree that, subject to the applicable laws, your only right with respect to any problems or dissatisfaction with the Platform is to (i) request for termination of your Account; and/ or (ii) discontinue any use of the services provided through the Platform.
• Any claim must be made no later than sixty (60) days from when the event giving rise to liability first occurred.
• If, notwithstanding anything in these Terms, the Company is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our maximum liability to You for all liabilities arising out of these Terms, be it in tort or contract or otherwise, shall be limited to the amount of INR 5,000/- (Indian Rupees Five Thousand Only).
• Some of the above limitations only apply to the extent permitted by applicable law in India. Additionally, the User may have additional rights that many not be waived or disclaimed. The Company does not seek to limit User's warranty or remedies to any extent permitted by applicable laws in India.
• This section shall survive the termination of this Agreement.

X. INDEMNIFICATION

• You agree to release, defend, indemnify and hold harmless the Company and its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or omissions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers or any other rights.
• If the Company is threatened with suit or sued by a third-party, the Company may seek written assurances from You concerning your promise to indemnify the Company. Your failure to provide such assurances may be considered by the Company to be a material breach of these Terms. The Company will have the right to participate in any defence by You of a third-party claim related to your use of the Platform, with counsel to be appointed by the Company at its expense. The Company may reasonably cooperate in any defence by You of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive our prior written consent regarding any related settlement. This section shall survive the termination of this Agreement.

XI. AVAILABILITY, SUSPENSIONAND TERMINATION

• We are always trying to improve our services and features of the Platform. That means we may expand, add, or remove our services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time. Where such changes materially affect your rights or obligations under these Terms, the Company shall make reasonable efforts to notify you through the Platform, by electronic communication. Your continued access to or use of the Platform after such changes shall constitute your acceptance of the revised Terms.
• Events beyond our control may affect our services, such as events in nature and other Force Majeure events. For the purposes of these Terms, “Force Majeure” shall mean earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, inducement of any virus, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Application, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this section beyond our reasonable control. If Force Majeure event takes place that affects the performance of our obligations under this Agreement, these Terms shall be suspended for the duration of Force Majeure event.
• Wemay suspend your account or temporarily disable access to whole or part of the Application in the event of (a) breaches or violations of these Terms; (b) requests by law enforcement or government agencies; (c) a self-initiated account deletion request by You; (d) discontinuance or material modification to Application (or any part thereof); or (e) suspicion of illegal activity. Objections to suspension or disabling of your account should be made as per the ‘Contact Us’ section in the Privacy Policy within seven (7) days of being notified about the suspension of your account.
• In case of elapsing of thirty (30) days from the date of suspension of your account and no objection being received by the Company as provided in this section or if on receipt of such objection, the Company deems that such objection fails to fulfil the necessary burden of proof, the Company reserves the right to permanently terminate your account without any further notice to You.

XII. DATA RETENTION AND DELETION

• The Company retains Personal Data and User Content only for such period as is reasonably necessary to provide the services of the Platform, comply with applicable law, enforce these Terms, resolve disputes, and maintain security and system integrity.
• You acknowledge that message content, communications and files may be retained by the Company, during your usage of the Platform, subject to technical limitations and applicable legal requirements. Deleted messages or data may continue to exist for a limited period in encrypted backups or system archives before being permanently erased in accordance with the Company’s data retention policies.
• The Company may retain certain information, including account details, metadata, logs, IP addresses, device identifiers, timestamps, and transaction or access records, for longer periods as required under applicable law.
• Nothing in these Terms shall obligate the Company to retain User Content for any minimum period beyond what is required by law, nor shall the Company be liable for any loss of data resulting from automatic deletion, storage limitations or expiry of retention periods.

XIII. PRIVACY

The Company believes strongly in protecting the User’s privacy and providing You with the information regarding the Company’s privacy practices. Please refer to our Privacy Policy to understand the Company’s privacy practices and how we may process the data provided by You during the usage of the Platform.

XIV. WAIVER

No failure or delay by the Company in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver of any provision of these Terms shall be effective only if made in writing and signed or expressly communicated by the Company. A waiver granted in one instance shall not be deemed to constitute a waiver in any subsequent instance.

XV. SEVERABILITY

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

XVI. GOVERNING LAW AND JURISDICTION

• These Terms are governed by and construed in accordance with the laws of India.
• In the event of any dispute, controversy or claim arising out of or relating to these Terms or your use of the Platform, You may first contact the Company as provided in the ‘Contact Us’ section of the Privacy Policy. The Company shall make reasonable efforts to resolve the dispute amicably within thirty (30) days from receipt of your complaint.
• Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Ahmadabad, Gujarat (India).
• This section shall survive the termination of this Agreement.

XVII. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other policies or guidelines expressly incorporated by reference, constitute the entire agreement between You and the Company with respect to your access to and use of the Platform and supersede all prior or contemporaneous agreements, understandings, representations or communications, whether oral or written, relating thereto.

XVIII. UPDATES TOOURPOLICY

• The Company may update or amend these Terms from time to time to reflect changes in law, regulatory requirements, security practices, operational needs, or modifications to the Platform. You are responsible for reviewing the Terms periodically to remain informed of any updates.
• The Company reserves the right to add new services in the future. These Terms may be updated accordingly to give effect to the new services in accordance with the applicable law and commercial requirements.
• If you do not wish to proceed with any modification to the Terms, you may discontinue use of the Platform and delete your account. Continued use of the Platform following the effective date of the revised Terms shall be deemed to constitute your consent to such revisions.
• The Company shall not be liable to You or any third party for any modification, suspension or discontinuation of the Platform, except to the extent required under applicable law.