These Terms of Use (these “Terms”) were last updated on: 4 Feb 2022. When we say “our”, “us”, “we” or “Company” in these Terms, we mean Hoodlive Internet Private Limited or its subsidiaries. When we say “the Hood Platform” or “Platform” we mean the website – www.hood.live (“Website”), the mobile application (“Hood App”) and the mobile site – www.hood.live (“Mobile site”). The terms “user”, “you”, “your” or “yours” refer to any user of the Platform.

These Terms govern your access and use of the Platform Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.

1. Acceptance of terms

1.1 Accessing, browsing or otherwise using the Platform, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance of these Terms. It means that you have read, understood, and agreed to be bound by these Terms and to the collection and use of your information set out in our Privacy Policy and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Policies”). The Policies are incorporated by reference into these Terms. If the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies.

1.2We may revise these Terms and update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately. We will also share with you periodic reminders to comply with these Terms and the Privacy Policy, including any updates (wherever applicable).

2. Eligibility

2.1 To use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws. The Platform is only meant to be used by individuals in their personal capacity. You cannot use the services on behalf of a company, organization, government, or other legal entity.

3. Using the platform

3.1 Signing up to use our Platform: While you can scroll through the Platform without registering with us, you will need to create a user account (“Hood Account”) to access and use all features of the Platform. To create a Hood Account, you will need to pick a unique screen name (pseudonym). The platform promotes pseudonymity and therefore we will never display your personal information such as your real name, or any information that has the potential to disclose your real identity, unless the applicable law requires us to do so. We also expect you to maintain and promote pseudonymity on the Platform, for yourself and for others. Please read our conditions of pseudonymity mentioned under Clause 7.1 (h) and (i). Subject to these pseudonymity conditions, you can choose your profile name and an avatar for your display profile. You may also link your phone number with your Hood Account. We may use your phone number or any other mode to verify your account. We may require you to share additional information or choose to roll out additional means of authenticating your Hood Account in the future.

3.2 Duty to be responsible: You will be responsible for maintaining the confidentiality of your Hood Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your Hood Account. You acknowledge that the information you provide does not infringe any third party rights. You are solely responsible for any and all information and content that is uploaded via your Hood Account.

3.3 Security Breach: If you know or have reasons to believe that the security of your Hood Account has been breached, you should report it on our Platform or contact our grievance officer immediately as per the contact information provided in Section 16 (Grievance Officer). If we find a security breach or suspected security breach of your Hood Account, we may require you to change your password, and/or temporarily or permanently block your Hood Account without us incurring any liability.

3.4 Ensure compatibility and keep updated: You must ensure that you keep updating the Hood App as and when we release new versions of it. Failure to do so may make you incapable of using our Hood App.

4. Limited license

4.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Platform.

4.2 You do not have any permission to download, copy, install, reverse-engineer or use the Platform, or information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Platform and prevent your future access to the Platform.

5. User content

5.1 You are allowed to write text (collectively, “User Content”) on the Platform strictly in accordance with the Terms.

5.2 You represent and warrant that you own the User Content posted by you or that you otherwise have sufficient right, title and interest in and to such User Content to allow you to post such User Content on the Platform in accordance with these Terms.

5.3 By displaying or publishing (“posting”) any User Content on or through the Platform, you hereby grant to the Company a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), rearrange, and distribute your User Content through any media now known or developed in the future.

5.4 Subject to applicable law and unless provided otherwise under any statute in force in India, this license will terminate at the time you remove your User Content from the Platform except as to any User Content that the Company has sublicensed prior to the removal of your User Content from the Platform, which license shall continue in perpetuity. Notwithstanding anything contained in these Terms, we may have to retain copies of your User Content, even upon its removal, for such time as may be necessary to comply with applicable laws.

5.5 In the event that any User Content posted by you is found to be in violation of another person’s intellectual property or any other rights in any manner, then you alone shall be absolutely and solely liable for such violation and no liability shall be laid down on the Company for the same.

6. Prohibited content

6.1 We endeavour to preserve the sanctity of the Platform and we strive to ensure that the User Content posted on the Platform is not harmful to our community, or contrary to law. Without limiting the generality of the foregoing, the following is an indicative list of the types of User Content that the Company deems to be inappropriate:

1. Content that belongs to another person and to which the user does not have any right;
2. Content that is defamatory or libellous;
3. Content that is obscene, pornographic, paedophilic, disrespectful, invasive of another’s privacy, including bodily privacy, insulting or harassing based on gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
4. Content that is harmful to a person below the age of 18 years;
5. Content that infringes any patent, trademark, copyright or other proprietary rights;
6. Content that violates any law for the time being in force;
7. Content that 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 but may reasonably be perceived as a fact;
8. Content that impersonates another person;
9. Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
10. Content that contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform;
11. Content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
12. Content that contains any abusive, or explicit language;
13. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
14. Content that contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
15. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to violating someone’s privacy;
16. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
17. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

7. Restriction on use

7.1. You agree and undertake that by using the Platform you shall not engage in or encourage or assist others to:

1. Post any Content that may amount to Prohibited Content as defined above;
2. Use the Platform or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
3. Use the Platform for any harmful or nefarious purpose;
4. Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever;
5. work around any technical limitations in the software provided to you as part of the services on the Platform;
6. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
7. modify, translate, create derivate works, reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits;
8. Directly or indirectly disclose your real identity (including any information that could lead to exposure of your real identity), in any manner whatsoever, either on the Platform or outside;
9. Directly or indirectly, publish, post or disclose or threaten to disclose, or incentivize others to disclose, in any manner whatsoever, other users’ private information (including their real identity or any information that could lead to exposure of their real identity);
10. Spam or defraud any users of the Platform or any potential users thereof;
11. Impersonate any person or entity on the Platform;
12. Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
13. Use the Platform or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contractual rights;
14. Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
15. Use the Platform in any manner that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
16. Rent, lease, loan, trade, sell/re-sell or otherwise monetize any content or any other aspect relating to the Platform or its services, without our express permission;
17. Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
18. Unauthorized scraping of any information from the Platform; You can't attempt to create accounts or access or collect information in unauthorised ways. This includes creating accounts, posting or collecting information in an automated way (such as by using bots), or accessing the Platform and/or its services without our express permission;
19. Create another account if we have already terminated your account unless you have our permission;
20. Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content;
21. Express or imply that any statements you make are endorsed by us.

7.2. If you do or attempt any of the acts listed in Clause 6.1 and 7.1, in relation to the Platform, we may, in our sole discretion, take the following actions to protect ourselves and our community and also to comply with the applicable laws –

1. remove or block any content or information that you share on the Platform that violates these terms or any of our policies
2. refuse to provide or stop providing any part of our services on the Platform, including complete termination of your use of the Platform;
3. report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.

8. Privacy of data

8.1. Hood Privacy Policy (available here) provides the manner in which we store, process, collect, use and share the data that is collected from you. Please read it so you know your rights in this regard.

8.2.The following procedural steps must be followed to delete an account by the user:

• Navigate to "Account Settings."
• Select "Delete Account."
• Confirm the action by clicking "Continue."
• Deactivate the account.
• Verify the action through OTP (One-Time Password) verification.
• Receive confirmation that "Your Account has been Deleted."

8.3.Data Deletion Categories

• Upon the user's account deletion, all user data is subject to deletion after a 30-day retention period.

8.4.Account Recovery Retention Period:

• A 30-day grace period during which user accounts are archived allows users to reactivate their accounts if required.

9. Third-party data and advertising

9.1. Third-Party Data: We may use various third-party data, software and/or services to host the Platform. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software or services.

9.2. Third Party Advertising: We may display advertisements or promotional material of third- party websites, products, services and contents on our Platform, in consideration of us providing you with our services through our Platform. We are not responsible for the content of any third-party advertisements and sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products, or services of such third party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Platform.

10. Disclaimers

10.1. The information made available on the Platform is for purely informational purposes only. The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness or usefulness of any information posted on the Platform. Any reliance placed on the information provided on our Platform is solely at your own risk. Under no circumstances will we, our directors, investors, shareholders, employees, representatives or affiliates be liable for such information or any consequences thereof.

10.2. You understand that usage of Platform will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don’t have an active internet connection or for any charges you may incur for the usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Platform.

10.3. You agree to use the Platform at your own risk. The Platform, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. You understand that by using the Platform, you may be exposed to content that might be offensive, harmful, deceptive, inaccurate, inappropriate or the like. All User Content is the sole responsibility of the respective person(s) who originated such content. We strive to monitor harmful content however, that may not always be possible or prompt. At times, we may not be able to monitor or control the User Content posted on the Platform and, we cannot take responsibility for such User Content.

10.4. We do not warrant the quality of the Platform, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Platform will be accurate, error-free, reliable, free of trojans, viruses, malware or other harmful components.

10.5. We are committed to ensuring that none of the information or content on the Platform violates the law or infringes third-party intellectual property rights. We are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will take action within 2 (two) working days of making such a determination unless required to act sooner under any applicable law in which case we will take down such content as required under applicable law. Please note that we do not review every post and content being posted on the Platform, and will review posts only when posts are brought to our attention by you.

11. Intellectual property

11.1. Our Intellectual Property: All rights, interest and title in the Platform, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), created by us vests with us unconditionally and constitutes our exclusive Intellectual Property.

11.2. Prohibited use of Intellectual Property: You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Platform, translate the Platform, information and content thereof, or commercially exploit our Intellectual Property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.

12. Limitation of liability

12.1. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Platform or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Platform or any content or information thereof, even if advised of their possibility. Our total aggregate monetary liability arising under these Terms shall be limited to the charges or amounts paid to us for use of the Platform or the services in the month preceding the date of the claim (if any) and in all other cases, INR 1,000 (Rupees One Thousand only).

13. Indemnification

13.1. You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

1. your use and access to Platform;
2. your violation of these Terms;
3. your violation of any third party right;
4. your breach of applicable laws; and
5. any unauthorized, improper, illegal or wrongful use of your Hood Account by any person, including by a third party, whether or not authorized or permitted by you.

14. Term and termination

14.1. Indefinite term until termination: These Terms will be effective until terminated by us or you. We reserve the right, at any time, to:

1. discontinue or modify any aspect of the Platform; and/or
2. terminate these Terms and your use of the Platform with or without cause.

14.2. Post-termination obligations: Upon termination of these Terms, you shall stop using and destroy or remove all copies of the Platform, including content and information, from all websites, applications, computers, hard drives, networks, and other storage media, and certify to us that such actions have occurred. We reserve the right to inspect or audit to confirm the foregoing.

14.3. Termination by us: We may remove your Hood Account as well as blacklist you from the Platform immediately if you use the Platform in contravention of these Terms or our Privacy Policy.

15. Electronic communication

15.1. You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Platform, information and other content and services. We will communicate with you by text messages, e-mail, through push notifications on your computer or mobile device, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Platform and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.

16. Grievance officer

16.1. If you have any complaints, grievances or questions related to the Platform, information and other content and services (“Grievances”), please contact our grievance officer in the following manner:

• Name: Jasveer Singh
• E-mail: hello@hood.live
• Subject line: Email to the Hood Grievance Officer

16.2. We will acknowledge all your Grievances within 24 (twenty-four) hours of your writing to us and strive to resolve all Grievances within 15 (fifteen) days of your writing to us.

17. Survival

17.1. Sections 10 (Disclaimers), 11 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 14 (Term and Termination), 16 (Grievance Officer), 17 (Survival), and 18 (General Provisions) shall survive the efflux of time and the termination of these Terms.

18. General provisions

18.1. Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Any disputes arising out of or related to the Terms and/or Platform (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in Delhi. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be Delhi. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings unless otherwise stated in the award.

18.2. Assignment: You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favor, without any restriction.

18.3. Waiver: Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.

18.4. Severability: If any of these Terms is held to be illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

18.5. Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as pandemics, epidemics, acts of God, civil war, embargoes, strikes, and events of similar nature which by their nature, scope and extent ought to be treated as ‘Force Majeure’ events etc. This condition does not affect your statutory rights.

19. DM feature

As we have introduced the paid DM feature for a better user experience, users can now interact with like-minded people on our platform. However, it is important to ensure that the usage of this feature aligns with our community guidelines and promotes a safe and inclusive environment for all users.

19.1.Pseudonymity and Privacy: On our platform, HOOD, we provide you with the assurance that your data is subject to encryption measures. However, we kindly request that while utilizing the Direct Messaging (DM) feature, you refrain from sharing any form of personal information. Your cooperation in this matter is greatly appreciated as it contributes to the maintenance of a secure and privacy-conscious environment for all users.

19.2.Prohibited Content: We endeavor to preserve the sanctity of the Platform and we strive to ensure that the User Content posted on the Platform is not harmful to our community, or contrary to law. [Reference to Point 6]

19.3.User Responsibility: In your capacity as a user, you bear the responsibility for both your actions and the content you disseminate. We earnestly implore your collaboration in upholding the safety of the platform for the benefit of fellow users.

19.4.Disclaimer: The information made available on the Platform is for purely informational purposes only. The information shall not constitute and is not intended to be professional advice or services. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness, or usefulness of any information posted on the Platform. [Reference to Point 10]