Terms and Conditions
Last Updated: [09May2026] Effective Date: [09May2026]
1. GENERAL PROVISIONS
1.1 Definitions
(1) For the purposes of these Terms and Conditions ("Terms"), unless the context otherwise requires:
(i) "Platform" refers to the mobile application known as "Picturf", including all associated domains, sub-domains, websites, services, software, features, and APIs made available by the Company.
(ii) "Company", "We", "Our", or "Us" refers to Nativegems Private Limited, the entity owning and operating the Platform.
(iii) "User", "You", or "Your" means any individual who accesses, registers, or uses the Platform or the Services in any manner.
(iv) "Services" means the features made available through the Platform, including but not limited to AI-scored photo contests, leaderboards, peer ratings, gamified streaks, virtual coins, subscription tiers, end-to-end encrypted messaging, voice and video calls, friend systems, incognito mode, notifications, and related features.
(v) "Content" includes all data, photographs, images, text, graphics, audio, video, captions, comments, ratings, scores, messages, and any other materials uploaded, transmitted, shared, or generated by Users on the Platform, including outputs of AI scoring and evaluations.
(vi) "Contest" refers to any themed photo-based challenge, competition, or event hosted on the Platform that requires User participation under prescribed rules and is scored by the Platform's AI engine.
(vii) “Coins” means the in-app virtual currency earned through participation, engagement, rewards, contests, streaks, promotional activities, or other Platform interactions, and/or acquired through authorized third-party payment providers. Coins are non-transferable, have no independent monetary value, and may only be redeemed within the Platform for features, services, or benefits expressly permitted under these Terms.
(viii) “Subscription” means a paid recurring or one-time membership plan (including, but not limited to, Premium or Pro tiers) that provides access to additional features, functionalities, or benefits on the Platform, and which may be billed through authorized third-party payment service providers.
(ix) "Incognito Mode" means the feature-set within the Platform that allows Users to browse, post, match, and chat under a pseudonymous identity.
(x) "E2E Encryption" means end-to-end encryption implemented using the Signal Protocol (or a functionally equivalent protocol) for messages and calls between Users.
(xi) "Rewards" means any benefit (if any) made available by the Company in connection with Contests or Platform activity, including Coins, badges, leaderboard recognition, streak bonuses, or in-app virtual items, expressly excluding any cash, monetary, or convertible reward.
(xii) "DPDP Act" means the Digital Personal Data Protection Act, 2023, as amended from time to time, together with rules, regulations, and notifications issued thereunder.
1.2 Interpretation
(1) References to "including", "includes", or "such as" shall be construed as illustrative and not exhaustive. (2) Headings are for convenience only and shall not affect interpretation. (3) Words importing the singular shall include the plural and vice versa. (4) References to statutes or laws include any statutory modifications, amendments, or re-enactments thereof.
1.3 Acceptance of Terms
(1) By accessing, registering with, or using the Platform in any manner, You acknowledge that You have read, understood, and agreed to be bound by these Terms, the Privacy Policy, the Community Guidelines, and any other rules or policies issued by the Company from time to time. (2) These Terms constitute a legally binding agreement between You and the Company. If You do not agree to these Terms, You must immediately cease using the Platform and the Services. (3) Your continued use of the Platform shall be deemed to constitute valid consent and acceptance of these Terms and any amendments made thereto.
1.4 Eligibility
(1) You represent and warrant that: (i) You are an individual who has attained at least eighteen (18) years of age; (ii) You are competent to contract within the meaning of the Indian Contract Act, 1872; (iii) You are not barred or otherwise prohibited from accessing the Platform under applicable laws; (iv) You are accessing the Platform in compliance with the laws of the jurisdiction in which You reside or from which You use the Services; and (v) You have not previously been suspended or removed from the Platform by the Company.
(2) Persons who are minors (below 18 years of age), incompetent to contract, or otherwise disqualified under applicable laws are strictly prohibited from using the Platform. The Company reserves the right to request proof of age, identity, or legal capacity at any stage. If You are found to be below the minimum age, Your account will be terminated and all associated Content and Coins will be forfeited.
(3) If You are accessing or using the Platform on behalf of another individual or entity, You represent that You are duly authorized to bind such individual or entity to these Terms, and "You" shall refer to both You and such individual or entity.
1.5 Changes to the Terms
(1) The Company reserves the right, at its sole discretion, to amend, update, supplement, or otherwise modify these Terms at any time. (2) Any modification shall be effective upon publication on the Platform. The Company may, but is not obligated to, notify Users of material changes by email, in-app notification, or other reasonable means. (3) Your continued use of the Platform after any such modification shall constitute Your deemed acceptance of the revised Terms. (4) If You do not agree with the revised Terms, You must discontinue use of the Platform immediately.
2. SERVICES OVERVIEW
2.1 Description of Services
(1) The Platform is a social photo contest application that enables Users to: (i) Capture or upload photographs and submit them to themed daily or time-bound Contests; (ii) Receive AI-generated evaluations and per-dimension feedback on such submissions; (iii) Participate in public and Contest-specific leaderboards, rate other Users' submissions on a 0–10 scale, earn streaks, achievements, and Coins; (iv) Engage in one-on-one and group private messaging using end-to-end encryption, share media, create polls, and use disappearing messages; (v) Place and receive voice and video calls, individually or in groups, through the Platform's integrated media streaming layer; (vi) Discover, add, and manage friends, sync device contacts (optional), and view presence indicators; (vii) Use Incognito Mode to browse, post, match, and chat pseudonymously; and (viii) Subscribe to Premium or Pro tiers and purchase Coins through the Secure third-party payment gateway.
2.2 AI-Based Scoring Disclaimer
(1) The Platform uses a proprietary Artificial Intelligence engine to evaluate Contest submissions on Contest-specific criteria (such as composition, lighting, theme fit, creativity, and subject) and to generate per-dimension scores, aggregate scores, and qualitative feedback.
(2) Users acknowledge and agree that: (i) The AI scoring mechanism is algorithmic and automated, and outcomes are subject to inherent limitations, including potential biases, technical errors, and variations in evaluation; (ii) Scores generated by the AI are advisory in nature and intended solely for entertainment, skill demonstration, and Contest ranking; (iii) AI scores shall not be construed as an absolute or objective measure of artistic ability, photographic merit, or any personal or professional quality; (iv) The Company's decision regarding Contest scoring, tie-breakers, and leaderboard positions shall be final and binding; and (v) The Company does not offer any appeal, arbitration, or external review of individual AI scores, except to the limited extent of correcting bona fide technical errors at the Company's sole discretion.
(3) The Company makes no warranty or guarantee as to the accuracy, fairness, suitability, or reliability of AI scoring and expressly disclaims any liability arising from reliance on such scores for any purpose other than participation in the Platform's Contests and features.
(4) Without prejudice to the foregoing, Users further acknowledge that the Company: (i) Is not obligated to disclose, explain, publish, or make available the underlying algorithms, models, weights, training data, prompts, or operational logic of the AI engine to any User or third party; (ii) Is not obligated to provide any individual or aggregate audit, statistical analysis, methodological review, or fairness assessment of AI scoring outcomes; and (iii) Does not warrant that the AI engine is, or will remain, free from bias, drift, statistical variance, or systemic error. No User shall have any right to challenge, reverse engineer, or legally contest AI scoring methodology.
(5) The Platform does not provide professional, artistic, expert, journalistic, critical-evaluation, or educational services. AI scores, leaderboard positions, Peer Ratings, and any qualitative feedback generated on the Platform are intended solely for entertainment, gameplay, and community recognition. Users shall not represent, market, or rely upon such outputs in any professional, commercial, academic, competitive, or regulatory context outside the Platform.
2.3 Subscription Tiers
(1) The Platform offers the following access tiers, each subject to these Terms: (i) Free: Basic access, including participation in free Contests, Coin earning through streaks and Contests, standard messaging and calling, friend system, and limited Incognito features. (ii) Premium: Paid subscription providing enhanced features, including media auto-saving of Contest submissions to device or cloud storage, expanded Incognito access, and such other benefits as the Company may introduce. (iii) Pro: The highest paid subscription tier, providing all Premium benefits together with additional features as may be published on the Platform from time to time.
(2) The Company reserves the right to introduce, modify, rename, rebundle, or discontinue any tier, feature, or benefit at its sole discretion. Changes to Subscription pricing or features will be notified in-app or by email with reasonable advance notice.
2.4 Modification of Services
(1) The Company reserves the right to add, remove, modify, suspend, or discontinue any Service (in part or in full) at any time, with or without notice. (2) The Company may impose eligibility criteria, usage limits, or restrictions on participation in any Contest or feature. (3) New contests, features, or tools introduced on the Platform shall automatically be subject to these Terms unless supplementary terms are specifically published.
2.5 Platform Nature
The Platform is not a marketplace, exchange, broker, or intermediary for the sale, purchase, or exchange of goods or services between Users. The Platform does not facilitate or participate in any commercial transaction between Users, and any interaction between Users is limited to social, creative, or entertainment purposes only.
2.6 Experimental Features
The Platform may, from time to time, introduce features, tools, or functionalities that are designated as experimental, beta, or in testing phase. Such features may be modified, suspended, or discontinued at any time without notice and may not function as intended. The Company makes no representations or warranties in respect of such features, and Users agree to use them at their own risk.
3. USER ACCOUNTS
3.1 Registration
(1) To access the Platform and the Services, Users must complete the registration process using Firebase Authentication through one of the following methods: email address, Google account, or phone number (via OTP). (2) Users are required to provide accurate and verifiable details, including a username, and such other information as may be requested during onboarding. (3) The Company may refuse, suspend, or cancel registration at its sole discretion if the information provided is false, incomplete, misleading, duplicative, or non-compliant with applicable laws or these Terms.
3.2 Biometric Authentication
(1) Users may optionally enable biometric authentication (such as Face ID, Touch ID, or Android biometric lock) to secure access to the Platform on their device. (2) Biometric data is processed entirely on the User's device by the device operating system and is never transmitted to, stored by, or accessible to the Company. (3) The User is solely responsible for the security and integrity of biometric data enrolled on their device.
3.3 Account Security
(1) Users are responsible for maintaining the confidentiality of their login credentials (including OTPs, linked social logins, session tokens, and device-level biometric locks) and for all activities carried out under their account. (2) The Company shall not be liable for any loss, damage, or misuse arising from unauthorized access due to the User's negligence in safeguarding login credentials. (3) Users agree to: (i) Promptly notify the Company of any unauthorized access or suspected breach; (ii) Log out of their account on shared or public devices; and (iii) Refrain from sharing or allowing others to access their account.
3.4 Session Management
(1) The Platform provides secure logout functionality that terminates active sessions, revokes tokens, and disconnects real-time connections (chat, calls, and presence). (2) The Company may, at its discretion, terminate inactive sessions, revoke refresh tokens, or require re-authentication for security, compliance, or operational reasons.
3.5 Multiple Accounts
(1) Each User is permitted to maintain only one (1) active account on the Platform. (2) The creation or operation of multiple accounts, whether by misrepresentation, use of multiple phone numbers, email addresses, Google accounts, devices, or otherwise, is strictly prohibited. (3) In the event the Company determines, at its sole discretion, that a User has created or is operating multiple accounts: (i) Such accounts may be suspended, consolidated, or permanently terminated; (ii) Any Coins, streaks, subscription benefits, badges, or balances may be blocked, forfeited, or reversed; (iii) The User may be disqualified from ongoing or future Contests, and the Company may initiate appropriate action.
3.6 Suspension and Termination
(1) Without prejudice to Section 11, the Company may suspend, restrict, throttle, or terminate any User's access to the Platform, in whole or in part, at any time and without prior notice, in the event of: (i) Actual or suspected breach of these Terms or applicable law; (ii) A direction, order, or instruction from any competent governmental, regulatory, judicial, or law-enforcement authority; (iii) Suspected fraud, abuse, security risk, or threat to the integrity of the Platform or its Users; or (iv) Operational, technical, security, or commercial reasons at the Company's sole discretion.
(2) Termination shall not affect any rights or obligations that have accrued prior to the date of termination, nor any provisions of these Terms which by their nature are intended to survive termination (including Sections 5.1, 9, 12, and 13).
(3) Effect of Termination: Upon suspension or termination of a User’s account:
(i) All rights, licenses, and access granted to the User under these Terms shall immediately cease;
(ii) The User shall immediately discontinue use of the Platform;
(iii) The Company may delete or disable access to the User’s account, Content, and associated data, subject to applicable legal retention requirements; and
(iv) Any Coins, benefits, or entitlements associated with the account may be forfeited without compensation.
4. CONTESTS AND GAMEPLAY
4.1 Nature of Contests
(1) The Platform hosts themed photo Contests. Contests are free to enter and do not involve any cash entry fee or cash prize. Successful participation in Contests may earn Users Coins, badges, streak bonuses, and leaderboard positions. (2) The format, duration, rules, rewards, scoring criteria, and eligibility criteria of each Contest shall be displayed on the Platform at the time of participation and may vary from Contest to Contest. (3) The Company reserves the right to cancel, suspend, or modify any Contest, without prior notice, in the event of technical issues, suspected fraud or malpractice, legal or regulatory requirements, or at its sole operational discretion. Participation in Contests does not involve any element of chance or random outcome.
4.2 Photo Submission
(1) Users may submit photographs to active Contests by capturing images through the in-app camera or selecting existing images from their device photo library. (2) Users represent and warrant that every submission is original, created by them, and free of third-party intellectual property claims, as further set out in Section 9. (3) The Platform may limit the number of submissions per Contest, per day, or per account, and may apply automated and manual checks for content safety, originality, and policy compliance.
4.3 Participation Rules
(1) Participation in Contests is voluntary. By entering a Contest, Users agree to abide by the Contest-specific rules, these Terms, and any supplemental guidelines issued by the Company. (2) Each User must ensure that their participation is lawful under the laws of their jurisdiction, does not infringe upon the rights of third parties, and is consistent with principles of fair play and integrity.
4.4 AI Scoring, Peer Rating, and Leaderboards
(1) Contest outcomes are determined primarily through the Platform's AI-based scoring system. The AI scoring disclaimer in Section 2.2 applies in full to all Contests. (2) Users may, where the Contest permits, rate other Users' submissions on a 0–10 scale ("Peer Rating"). Users cannot rate their own submissions. Peer Ratings may be used to inform secondary leaderboards, tie-breakers, or community recognition at the Company's discretion. (3) Public and Contest-specific leaderboards are updated in real time and show rankings, top-three highlights, scores, and participant statistics. (4) The Company's decision regarding Contest results, tie-breakers, leaderboard positions, and reward eligibility shall be final and binding.
4.5 Fair Play and Anti-Manipulation
(1) Users are strictly prohibited from engaging in: (i) Use of unauthorized software, bots, scripts, modified clients, emulators, or automation tools; (ii) Manipulation of AI scoring outcomes through deceptive uploads, including but not limited to AI-generated images passed off as human photography where the Contest prohibits such content, stolen photos, or images not captured by the User; (iii) Collusion, Peer Rating brigading, vote-rigging, reciprocal rating rings, syndicate play, or multi-accounting; (iv) Exploiting bugs, glitches, or loopholes in the Platform; (v) Uploading content that violates Section 9.5 (User Obligations and Prohibited Conduct).
(2) If a User is found engaging in any of the above: (i) Their account may be immediately suspended or terminated; (ii) Coins, streaks, badges, subscription benefits, and Content may be forfeited or removed; (iii) They may be permanently barred from future participation; and (iv) The Company may pursue such civil or criminal remedies as may be available under applicable law.
4.6 No Guarantee of Visibility or Reward
(1) Participation in any Contest, posting of any Content, or use of any Platform feature does not guarantee any reward, recognition, leaderboard position, visibility, distribution, reach, audience, or feature placement. (2) The Company makes no representation that any User's submission, profile, message, or Content will be displayed to, recommended to, or seen by any other User or audience. (3) Algorithmic distribution, ranking, recommendation, and visibility decisions are made at the Company's sole discretion, may rely on signals not disclosed to Users, and may change at any time without notice. Users shall not have any claim or grievance in relation to such decisions, except to the limited extent provided in Section 13.1.
5. VIRTUAL COINS, SUBSCRIPTIONS, AND PAYMENTS
5.1 Virtual Coins
(1) The Platform offers a virtual in-app currency known as "Coins". Users may view their Coin balance and transaction history within the Platform's virtual wallet.
(2) Users expressly acknowledge and agree that Coins: (i) Are a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use a feature within the Platform, and are not legal tender, fiat currency, cryptocurrency, securities, or any real-world asset; (ii) Have no monetary value outside the Platform and cannot be redeemed, exchanged, converted, transferred, withdrawn, or cashed out for money, goods, or services of any kind outside the Platform; (iii) Are non-transferable between Users and cannot be gifted, sold, traded, or inherited; (iv) May be forfeited, adjusted, or revoked in the event of suspected fraud, account termination, policy violation, technical error, or in accordance with these Terms; (v) May expire, be reset, or be adjusted at the Company's discretion, with reasonable in-app notice; and (vi) Do not, individually or in aggregate, confer any ownership interest, property right, vested right, equitable right, or claim against the Company or its assets. Users expressly acknowledge that they hold no proprietary, beneficial, contractual, or insolvency-related entitlement to Coins beyond the limited revocable license described in this Section, and Coins shall not form part of any User's estate or be subject to attachment, garnishment, set-off, or transfer by operation of law. Coins do not constitute stored value, prepaid payment instrument, or any regulated financial instrument under applicable law.
(3) Coins may be used within the Platform for features, cosmetic items, entries, and other virtual goods as the Company may make available from time to time.
The purchase of Coins does not create any deposit, custody, escrow, or fiduciary obligation on the Company.
5.2 Earning Coins
(1) Users may earn Coins through qualifying Platform activities, including but not limited to consecutive daily upload streaks, Contest performance, milestone achievements, and promotional campaigns. (2) The Company may vary, suspend, or discontinue any Coin-earning mechanic at its discretion.
5.3 Purchasing Coins
(1) Users may purchase Coins through the Secure third-party payment gateway using payment methods supported by Third-party (such as UPI, net banking, cards, and wallets). (2) All Coin purchases are processed in Indian Rupees (INR) unless otherwise specified. Applicable taxes (including GST) will be charged in addition to the listed price. (3) All Coin purchases are final, non-refundable, and non-reversible once credited to the User's in-app wallet, except as set out in Section (4) Payments are processed through independent third-party payment service providers. Such transactions are subject to the respective provider’s terms, conditions, and privacy policies. The Company shall not be responsible or liable for any act, omission, failure, delay, interruption, security issue, or data handling practices of any payment provider, banking institution, or payment network.
5.4 Subscriptions
(1) Users may subscribe to Premium or Pro tiers on a recurring (monthly, quarterly, annual, or other) basis as offered on the Platform. (2) By subscribing, the User authorizes the Company (through Third-party) to charge the applicable recurring fee, plus applicable taxes (including GST), to the User's selected payment instrument for each renewal period until the Subscription is cancelled. (3) Subscription fees and features are displayed at the time of purchase. The Company may change Subscription pricing or features with reasonable advance notice; changes will apply to the next renewal period.
5.5 Auto-Renewal and Cancellation
(1) Subscriptions renew automatically at the end of each billing cycle unless cancelled by the User before the end of the then-current cycle. (2) Users may cancel their Subscription at any time through the Platform's settings or the applicable payment-method interface (such as the third-party payment service customer portal or, where applicable, the Apple App Store or Google Play subscription settings). (3) Upon cancellation, the User will retain access to paid features for the remainder of the then-current billing cycle; no pro-rata refund will be provided for the unused portion.
5.6 Taxes
(1) All prices displayed on the Platform are exclusive of taxes unless stated otherwise. Goods and Services Tax (GST) and any other applicable taxes, duties, or levies will be charged in addition at the prevailing statutory rate. (2) The Company will issue tax invoices in accordance with applicable Indian tax laws.
5.7 Refunds and Chargebacks
(1) Coin purchases and Subscription fees are non-refundable except in the following limited circumstances: (i) Transaction failure where the User's payment instrument is debited but the Coins or Subscription benefit are not delivered; (ii) Duplicate or erroneous charges attributable to the Company; (iii) Such refunds as are mandatorily required by applicable consumer-protection laws.
(2) In the event of a chargeback, reversal, or dispute initiated by the User with their bank, card network, or Third-party payment service, the Company reserves the right to: (i) Suspend or terminate the User's account; (ii) Reverse any Coins or Subscription benefits delivered against the disputed transaction; and (iii) Recover any resulting amounts from the User's balances or future transactions.
6. MESSAGING AND CALLS
6.1 Overview
(1) The Platform provides one-on-one and group messaging, media sharing, polls, and voice and video calls. Messaging is secured using end-to-end encryption.
6.2 End-to-End Encryption
(1) Messages and calls between Users are protected by end-to-end encryption based on the Signal Protocol (or a functionally equivalent protocol), with device key management performed on-device. (2) The Company's servers relay and store encrypted ciphertext only. The Company does not have access to the content of end-to-end encrypted messages or calls. (3) Because the Company cannot read E2E content, it is unable to proactively moderate the substance of private communications. Users are solely responsible for content they send and receive in private chats. (4) Certain metadata (such as participant identifiers, timestamps, delivery status, and technical logs) may be processed by the Company for the operation of the Service, as further described in the Privacy Policy.
6.3 Message Features
(1) The Platform supports message editing, forwarding, drafts, read receipts, typing indicators, link previews, media sharing (photos, videos, files), poll creation in groups, and disappearing messages with a configurable auto-delete duration. (2) Disappearing messages are removed from the Platform's servers and from sender/recipient caches after the configured duration. The Company cannot guarantee deletion of content that has been screenshotted, copied, forwarded, or otherwise exported from the encrypted session by any participant. (3) Chat messages may be cached locally on the User's device (for example, via SQLite) to enable offline access and faster load times. The User is responsible for securing their device.
6.4 Calls
(1) The Platform supports one-on-one and group voice and video calls via an integrated real-time media streaming layer (currently provided by LiveKit or an equivalent provider). (2) Call signaling, media routing, and related technical metadata may be processed by the Company and its media-streaming provider. Call media between Users is E2E encrypted except where explicitly stated otherwise in-app (for example, server-side features such as transcoding, if and when offered). (3) Call history (incoming, outgoing, missed, duration, timestamps) is stored for the User's convenience. Users may clear their call history through the Platform. (4) On supported platforms, the Platform integrates with native call UI (iOS CallKit and Android telephony) for lock-screen and foreground call management. Such integration is governed by the underlying operating system's policies. (5) The Platform does not and cannot be used to place emergency calls. Users must rely on their mobile carrier or landline to contact emergency services. The Company expressly disclaims all liability for any loss, injury, harm, or damage arising from a User's inability to place an emergency call through the Platform.
6.5 Zero Tolerance for Illegal Activity.
The Company maintains a strict zero-tolerance policy towards the use of messaging, voice calling, video calling, or any other communication feature of the Platform for any illegal, fraudulent, or unlawful activity. Any such use, including, without limitation, threats, extortion, harassment, stalking, child sexual abuse material, terrorism-related communications, sale or trafficking of illegal goods or services, fraud, impersonation, intellectual-property infringement, or violation of any applicable law of India or of the User's jurisdiction, shall constitute a material breach of these Terms and shall result in immediate suspension or permanent termination of the offending User's Account, forfeiture of any associated balances and Rewards, and reporting of the activity and the User's information to the appropriate law-enforcement, regulatory, or judicial authorities. The Company reserves the right to initiate or assist in any civil, criminal, or other legal action against such Users to the fullest extent permitted by law, and the offending User shall be solely liable for all consequences arising therefrom.
6.6 User Responsibility for Communications
(1) Users are solely responsible for all messages, calls, media, polls, and other communications they initiate, send, receive, or participate in through the Platform. (2) Users shall not use messaging or calling features to transmit unlawful, harassing, threatening, defamatory, obscene, hateful, fraudulent, or otherwise prohibited content, as further detailed in Section 9.5. (3) Users may report abuse of messaging or calling features to the Company through in-app reporting tools. For E2E content, reporting requires the reporting User to voluntarily share the relevant decrypted content with the Company for review.
6.7 Lawful Disclosure and Interception
(1) Notwithstanding the end-to-end encryption protections described in Section 6.2, the Company shall comply with lawful orders, directions, summons, or requests issued by competent governmental, regulatory, judicial, or law-enforcement authorities under applicable law, including the Information Technology Act, 2000 (and rules thereunder), the Indian Telegraph Act, 1885, the Code of Criminal Procedure, 1973 (and its successor enactments), and the DPDP Act. (2) In response to such lawful process, the Company will provide such metadata, account information, technical logs, and other data as is within its possession or control. By reason of E2E encryption, the Company is not technically able to produce the plaintext content of E2E messages or call media; this technical limitation shall not be construed as a refusal to comply with lawful process. (3) Where permitted by law, the Company may notify affected Users of such requests; in other cases, the Company is bound by confidentiality requirements imposed by the requesting authority and shall comply accordingly. (4) Users acknowledge that the Company may also disclose information without notice where it has a good-faith belief that such disclosure is necessary to prevent imminent harm, fraud, or unlawful activity.
7. SOCIAL AND DISCOVERY
7.1 Friends and Suggestions
(1) The Platform provides a friend system allowing Users to send, accept, and manage friend requests, with related notifications. (2) The Platform may suggest potential friends using signals such as mutual connections, Contest activity, interests, and, where the User has granted permission, approximate location or synced contacts. Suggestion algorithms may be updated from time to time.
7.2 Contact Sync
(1) Users may optionally allow the Platform to access their device address book to identify contacts already using the Platform. Contact sync is strictly opt-in and can be disabled at any time in the Platform or device settings. (2) If the User enables contact sync, limited contact information (such as hashed phone numbers) may be transmitted to the Company to perform matching. Users must not enable contact sync if they do not have the necessary consent from the relevant contacts under applicable data-protection laws.
7.3 User Search and Presence
(1) Users may search for other Users by username and view limited profile previews. Real-time online/offline presence indicators may be visible to contacts; Users may adjust presence visibility settings where offered.
7.4 Block and Unblock
(1) Users may block other Users to prevent messaging, calling, and certain forms of interaction. Users may unblock previously blocked Users at any time. Blocking is a personal remedy and does not replace the Company's moderation process for serious violations.
8. INCOGNITO MODE
8.1 Nature of Incognito Mode
(1) Incognito Mode allows Users to browse, match with other Users, create and interact with anonymous posts (including hashtags, upvotes, downvotes, and comments), chat with anonymously matched Users, and browse a feed of anonymous video content and reactions, under a pseudonymous identity that is not displayed to other Users.
8.2 Anonymity Is Not Untraceability
(1) Users expressly acknowledge that Incognito Mode hides a User's public identity from other Users but does not make the User's activity untraceable to the Company. (2) The Company retains the ability to link Incognito activity to the underlying User account for purposes of safety, abuse prevention, Content moderation, enforcement of these Terms, fraud detection, compliance with law, and response to lawful requests from law-enforcement or judicial authorities. (3) By using Incognito Mode, Users consent to such linkage and de-anonymization, solely for the limited purposes described in this Section.
8.3 Prohibited Content and Conduct in Incognito Mode
(1) All restrictions in Section 9.5 apply with full force to Incognito Mode. In addition, the following are strictly prohibited: (i) Any content that sexualizes, grooms, endangers, or otherwise harms minors, including but not limited to child sexual abuse material (CSAM); (ii) Non-consensual intimate imagery, sexual extortion, or doxxing; (iii) Incitement to violence, terrorism, self-harm, or suicide; (iv) Harassment, stalking, or targeted abuse of identifiable individuals; (v) Sale or promotion of illegal goods or services (including narcotics, weapons, and stolen credentials); (vi) Impersonation of real persons, including public figures; and (vii) Any activity prohibited by applicable Indian law, including the Information Technology Act, 2000 and rules made thereunder.
(2) Violation of this Section will result in immediate removal of content, suspension or termination of the underlying account, forfeiture of all Coins and Subscription benefits, and referral to law-enforcement authorities where appropriate.
8.4 Reporting in Incognito Mode
(1) Users may report abusive or unlawful Incognito content or conduct through in-app reporting tools. The Company will review reports and take such action as it deems appropriate in its sole discretion, including but not limited to content removal, de-anonymization for enforcement purposes, and account action.
9. CONTENT, INTELLECTUAL PROPERTY, AND USER OBLIGATIONS
9.1 User-Generated Content
(1) The Platform allows Users to upload, share, submit, and transmit photographs, videos, captions, comments, messages, polls, ratings, and related material (collectively, "User Content").
(2) By submitting User Content, the User represents and warrants that: (i) They are the sole creator and owner of the Content, or hold all necessary licenses, consents, and rights to use and submit it; (ii) The Content does not infringe upon any intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; (iii) The Content is not defamatory, obscene, unlawful, harmful, or otherwise prohibited under applicable law or these Terms; and (iv) Any individuals identifiable in the Content have given the necessary consent, in particular for Contest submissions made public on leaderboards or used in marketing.
(3) Users remain solely responsible for their User Content and any consequences of its use, publication, or distribution on the Platform.
9.2 License Granted by Users
(1) By uploading User Content to non-E2E surfaces of the Platform (such as Contest submissions, leaderboards, Incognito posts, profile photos, and public feeds), the User grants the Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, display, publish, reproduce, distribute, communicate, and make available such Content on the Platform. (2) The license also extends to use of such Content for AI evaluation and scoring, algorithmic improvements, Contest administration, and promotional, marketing, or advertising purposes relating to the Platform, subject to reasonable anonymization or attribution as the Company determines. (3) For the avoidance of doubt, the Company does not claim any license over content transmitted in end-to-end encrypted communications beyond what is strictly necessary to relay such ciphertext between Users. (4) The license shall continue for as long as the Content remains available on the Platform and shall survive termination of the User's account for operational, archival, and compliance purposes.
9.3 Company Intellectual Property
(1) All rights, title, and interest in the Platform, including the AI-based scoring system, algorithms, models, datasets, software, source code, object code, databases, APIs, backend services, designs, trade dress, trademarks, logos, trade names, service marks, text, graphics, animations, layouts, and audiovisual materials, are and shall remain the exclusive property of the Company and its licensors. (2) Users are granted a limited, non-transferable, non-exclusive, revocable license to access and use the Platform for personal, non-commercial purposes only, subject to these Terms.
(3) No User shall: (i) Copy, reproduce, modify, or create derivative works of the Platform or its components; (ii) Reverse engineer, decompile, disassemble, or attempt to extract the source code, models, or training data; (iii) Scrape, crawl, or systematically harvest Content from the Platform; or (iv) Use the Company's intellectual property without prior written consent.
9.4 Moral Rights
(1) Users expressly waive, to the maximum extent permitted by law, any right to object to modifications, adaptations, or derivative works of their User Content made by the Company for Contest scoring, AI training, leaderboard display, or Platform functionality, consistent with the license granted in Section 9.2.
9.5 Prohibited Conduct
(1) Users agree not to upload, post, transmit, or otherwise make available any Content, or engage in any conduct, that: (i) Is unlawful, obscene, pornographic, defamatory, threatening, harassing, hateful, or racially, ethnically, or otherwise objectionable; (ii) Sexualizes, grooms, endangers, or otherwise harms minors in any manner; (iii) Impersonates another individual or misrepresents the User's identity, affiliation, or credentials; (iv) Infringes any patent, trademark, copyright, trade secret, moral right, or other proprietary right; (v) Constitutes unauthorized advertising, spam, chain letters, pyramid schemes, or solicitation; (vi) Contains viruses, malware, worms, Trojans, or any other disruptive or destructive code; (vii) Interferes with or disrupts the Platform, servers, or networks, or circumvents any Platform security measures; (viii) Violates applicable law, including but not limited to the Information Technology Act, 2000 and the rules made thereunder.
(2) The Company reserves the right to remove or disable access to any Content that violates these Terms or applicable law, to suspend or terminate accounts of violators, and to report unlawful activities to relevant authorities.
9.6 Sexual, Non-Consensual, and Synthetic Imagery
(1) Absolute Prohibition.
Without limiting the generality of Section 9.5, the following categories of Content and conduct are absolutely prohibited on the Platform, in all surfaces (including profiles, Contest submissions, public feeds, private messages, voice and video calls, and Incognito Mode):
i. Pornography and sexually explicit material: photographs, videos, audio, animations, illustrations, AI-generated content, or any other media depicting nudity, sexual activity, or sexually explicit conduct, whether of the User, another person, or a fictional or computer-generated subject.
ii. Non-consensual intimate imagery (NCII): any photograph, video, screenshot, audio clip, or other media depicting an identifiable person in a state of nudity, partial nudity, sexual activity, or other intimate situation, where such media has been captured, shared, or distributed without the free, specific, informed, and continuing consent of every depicted individual; this includes so-called "revenge porn," voyeuristic recordings, hidden-camera footage, and recordings made in any place where the depicted person had a reasonable expectation of privacy.
iii. Morphed, edited, or deepfake imagery: any photograph, video, audio, or other media that has been digitally altered, morphed, face-swapped, body-swapped, voice-cloned, or otherwise synthetically generated (including by artificial intelligence) so as to depict an identifiable real person in a sexual, intimate, nude, partially-nude, or sexually-suggestive manner, or in any other false light, without the explicit prior written consent of that person; this prohibition applies regardless of whether the underlying source images were lawfully obtained.
iv. Child sexual abuse material (CSAM): any sexual or sexualized depiction of a minor (any person under eighteen (18) years of age), whether real, simulated, drawn, animated, AI-generated, or otherwise synthetic, in any form whatsoever; this is a strict and absolute prohibition with zero exceptions.
v. Sexual extortion ("sextortion"), grooming, and solicitation: any threat to disclose intimate imagery to extract money, property, sexual acts, or other benefit; any communication intended to entice or coerce a minor into sexual conduct; and any solicitation of sexual content from any person without their consent.
vi. Voyeurism and cyber-flashing: the capture, transmission, or distribution of images of any person engaging in a private act without consent, and the unsolicited transmission of nude or sexual images to any User who has not requested or consented to receive them.
vii. Doxxing of intimate information: the publication or threatened publication of a person's intimate images, sexual orientation, gender identity, HIV status, or other sensitive personal data without their consent.
(2) Statutory Reference.
The conduct described in this Section 9.6 may, depending on the facts, constitute offences under (and the Company will treat any such conduct as a matter of strict legal liability under): the Information Technology Act, 2000, including Sections 66E (violation of privacy), 67 (publishing or transmitting obscene material in electronic form), 67A (publishing or transmitting material containing sexually explicit acts in electronic form), and 67B (publishing or transmitting material depicting children in sexually explicit acts in electronic form); the Indian Penal Code, 1860 (and its successor enactments), including Sections 354A (sexual harassment), 354C (voyeurism), and 354D (stalking); the Protection of Children from Sexual Offences Act, 2012 (POCSO); the Indecent Representation of Women (Prohibition) Act, 1986; the Bharatiya Nyaya Sanhita, 2023, where applicable; and any equivalent law in the User's jurisdiction.
(3) Mandatory Consent for Imagery of Others.
By uploading, sharing, or transmitting any Content depicting any individual other than the User, the User represents and warrants that they have obtained (and can produce evidence of) the free, specific, informed, and continuing consent of every such individual for the capture, processing, and distribution of that Content on the Platform. Consent for one purpose does not constitute consent for another, and consent may be withdrawn at any time.
(4) Consequences.
Any Content or conduct violating this Section 9.6 shall result in: (i) immediate removal of the offending Content from all surfaces of the Platform without prior notice; (ii) immediate suspension and, where appropriate, permanent termination of the offending User's Account; (iii) forfeiture of any associated balances, Coins, Subscriptions, or Rewards (without refund); (iv) preservation of evidence (including Content, account information, technical logs, IP addresses, device identifiers, and timestamps) in accordance with applicable law; (v) mandatory reporting to the National Cyber Crime Reporting Portal (cybercrime.gov.in), the National Centre for Missing & Exploited Children (NCMEC) where the Content involves a minor, the Indian Computer Emergency Response Team (CERT-In), and any other relevant law-enforcement, regulatory, or judicial authority; and (vi) full cooperation by the Company with any investigation or legal process, including production of preserved evidence under lawful order.
(5) User Liability.
The offending User shall bear sole and exclusive liability for all civil, criminal, regulatory, and other consequences arising from violations of this Section 9.6, and shall fully indemnify the Company in accordance with Section 12.5. Nothing in these Terms shall be construed to limit or waive any remedy available to a victim of such conduct under applicable law.
(6) Reporting.
Any User or third party who becomes aware of Content or conduct violating this Section 9.6 is strongly encouraged to report it through the in-app reporting tools or to the Grievance Officer designated under Section 13. Reports involving minors should also be made directly to the appropriate authority including National Cyber Crime Reporting Portal (cybercrime.gov.in) or local law-enforcement.
10. PERMISSIONS, NOTIFICATIONS, AND THIRD-PARTY SERVICES
10.1 Device Permissions
(1) The Platform may request the following device permissions. Users may grant, deny, or revoke such permissions at any time through their device settings; denial may limit or disable related features. (i) Camera: to capture photographs for Contests and to enable video calls. (ii) Photo Library: to select photos for Contest submissions and media sharing in chat. (iii) Microphone: to enable voice and video calls. (iv) Location (optional): to support proximity-based friend suggestions and certain Incognito matching features. (v) Contacts (optional): to support friend discovery via contact sync, as described in Section 7.2. (vi) Notifications: to deliver push notifications through Firebase Cloud Messaging (FCM) and the device notification system.
10.2 Push and In-App Notifications
(1) The Platform uses Firebase Cloud Messaging (FCM) and comparable services to deliver push notifications for messages, calls, Contest events, friend activity, streak milestones, and other alerts. (2) Users may configure notification preferences within the Platform and/or at the operating-system level. Disabling notifications may prevent the Platform from alerting the User to incoming calls or time-sensitive events.
10.3 Third-Party Services and Subprocessors
(1) The Platform relies on independent third-party service providers, infrastructure providers, and technology partners to deliver certain features and functionalities of the Services. Use of such services may be subject to the respective providers’ terms, conditions, and privacy policies. These services may include, but are not limited to:
(i) cloud infrastructure, authentication, notification, storage, analytics, and backend service providers;
(ii) third-party payment gateways and payment processing providers for purchases, subscriptions, rewards, withdrawals, or payouts;
(iii) real-time communication and media streaming providers for voice, video, and live interaction features; and
(iv) encryption, security, and communication protocols used to protect messages, calls, and user data.
(2) The Company may, from time to time, add, replace, suspend, or remove third-party service providers, subprocessors, or technology partners as necessary for the operation, improvement, security, or compliance of the Platform. A current list of material subprocessors or service providers may be maintained in the Privacy Policy or otherwise made available through the Platform.
10.4 Data Protection
(1) The Company processes personal data in accordance with the Digital Personal Data Protection Act, 2023 ("DPDP Act") and other applicable data-protection laws. (2) Detailed information regarding the categories of personal data processed, the purposes and lawful bases of processing, retention periods, sub-processors, cross-border transfers, and Users' rights (including the rights to access, correction, completion, erasure, withdrawal of consent, nomination, and grievance redressal) is set out in the Privacy Policy, which is incorporated into these Terms by reference. (3) By using the Platform, the User provides verifiable consent (within the meaning of the DPDP Act) to the processing of personal data for the purposes specified in the Privacy Policy. The User may withdraw consent at any time through the controls provided in the Platform; withdrawal of consent may render certain Services unavailable. (4) Users may exercise their rights under applicable data-protection laws by contacting the Data Protection Officer or Grievance Officer through the channels specified in the Privacy Policy and Section 13.1 of these Terms. (5) The Company shall not be liable for any failure to remove or disable access to any Content where it has not received actual knowledge in accordance with applicable law.
11. MODERATION AND ENFORCEMENT
11.1 Operator Rights
(1) The Company operates a moderation and administration function ("Admin Panel") through which authorized personnel may view and manage users and submissions, create, edit, and control the lifecycle of Contests, monitor leaderboards, adjust Coin balances (including for technical-error correction), review and act on user reports, generate activity reports, and configure Platform settings.
11.2 Content Action
(1) The Company may, at its sole discretion and without prior notice, remove or disable access to any Content, restrict or remove any feature from any User, suspend or terminate any account, and take such other action as may be necessary to enforce these Terms, protect the integrity of the Platform, or comply with applicable law.
11.3 Reporting
(1) Users may report Content or conduct that violates these Terms through in-app reporting tools or by contacting the Grievance Officer (Section 13.1). The Company endeavors to review reports promptly and take action as appropriate.
11.4 Intermediary Status
(1) The Platform is an "intermediary" within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 ("IT Act") and is operated in accordance with the due-diligence requirements under Section 79 of the IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("Intermediary Rules"). (2) The Company does not initiate, select the recipient of, or modify the information contained in any User Content or transmission. User Content represents the views, expression, and conduct of the relevant User and not those of the Company. (3) The Company has no obligation to proactively monitor, screen, edit, or pre-publish review User Content, except (i) to the extent required by applicable law or a binding court or governmental order, or (ii) where automated tooling has been deployed to detect specified categories of unlawful content (such as CSAM), in which case such monitoring is undertaken on a best-effort basis and shall not constitute editorial control. (4) On receipt of "actual knowledge" by way of a court order or notification by the appropriate Government or its agency under the Intermediary Rules, the Company will take down, disable, or remove such Content within the timelines prescribed by law. (5) Nothing in these Terms shall be construed to derogate from the safe-harbour protections available to the Company as an intermediary under the IT Act and the Intermediary Rules.
11.5 Operational Measures
(1) In addition to suspension and termination, the Company may at its sole discretion apply operational measures to maintain Platform integrity, including but not limited to: (i) Restricting access to specific features (such as messaging, calling, Incognito Mode, or Subscriptions); (ii) Reducing the visibility, reach, or distribution of any User's Content (including through de-ranking, de-prioritisation, or shadow-limiting); (iii) Throttling rate of usage or imposing temporary cooldowns; (iv) Requiring re-verification, additional authentication, or enhanced checks before continued access; and (v) Imposing such other proportionate measures as may be necessary to address misuse or risk.
(2) Such measures may be applied without prior notice and without obligation to disclose the precise rationale, except as may be required by law. Operational measures are without prejudice to, and may be applied in addition to, suspension or termination under Section 3.6 or Section 11.2.
12. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
12.1 General Disclaimers
(1) The Platform, Services, and Contests are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.
(2) The Company does not warrant that: (i) AI evaluations or scores will be free from bias, error, or discrepancies; (ii) Messages, calls, notifications, or media will be delivered without delay, loss, or interruption; (iii) The Platform will be secure, error-free, or free from viruses or other harmful components; or (iv) Payment processing, Coin delivery, or Subscription activation will be free from delays or failures beyond the Company's reasonable control.
12.2 Assumption of Risk
(1) Users acknowledge and agree that participation in Contests, use of messaging, calling, social, and Incognito features, and interaction with other Users involves inherent risks. Users voluntarily assume full responsibility for such risks and agree that the Company shall not be liable for losses, damages, or consequences arising from their use of the Platform, except as expressly provided under applicable law.
12.3 Limitation of Liability
(1) To the maximum extent permitted by law, the Company, its affiliates, directors, officers, employees, and agents shall not be liable for: (i) Any indirect, incidental, special, consequential, punitive, or exemplary damages; (ii) Loss of profits, data, goodwill, reputation, or other intangible losses; (iii) Any third-party claims or disputes between Users; or (iv) Any harm caused by content transmitted through end-to-end encrypted channels, which the Company cannot inspect or moderate.
(2) The Company's aggregate liability for any and all claims arising from or relating to the use of the Platform shall not exceed the greater of (a) the total amount actually paid by the User to the Company during the three (3) month period immediately preceding the event giving rise to such claim, or (b) INR 1,000.
12.4 Indemnity
(1) Users agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with: (i) The User's breach of these Terms or any applicable law; (ii) The User's uploaded or transmitted Content, including claims of intellectual property infringement, defamation, violation of privacy or publicity rights, or violation of third-party rights; (iii) The User's fraudulent, abusive, or unlawful use of the Platform, including use of Incognito Mode; and (iv) Any dispute between the User and another User arising out of use of the Platform.
(2) This obligation shall survive termination of the User's account and any discontinuation of the Platform.
12.5 Force Majeure
(1) The Company shall not be liable for any delay, interruption, degradation, or failure in the performance or availability of the Services arising from events or circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, civil unrest, epidemics or pandemics, strikes, labor disputes, governmental actions, power failures, internet or network outages, cyberattacks, infrastructure failures, or failures, interruptions, or delays caused by third-party service providers, payment processors, cloud infrastructure providers, telecommunications carriers, or other external service partners.12.6 No Liability for User-to-User Interaction
(1) The Platform enables interaction between Users through messaging, voice and video calls, friend connections, Contests, Peer Ratings, anonymous matching, Incognito chat, and other social features. Users interact with each other voluntarily and at their own risk.
(2) The Company is not a party to, does not endorse, and assumes no responsibility for: (i) The conduct, character, identity, statements, communications, or actions of any User towards another User, whether on or off the Platform; (ii) The accuracy of any information about Users, including but not limited to information shared during Incognito or anonymous matching; (iii) The outcomes of friendships, conversations, calls, anonymous matches, in-person meetings, financial dealings, or any other connections facilitated by the Platform; or (iv) Any harm, loss, injury, or damage — whether physical, emotional, financial, reputational, or otherwise — suffered by any User as a result of interaction with another User.
(3) Users are solely responsible for evaluating the trustworthiness, identity, intentions, and motivations of other Users and for taking appropriate safety precautions, particularly when interacting with anonymous or pseudonymous Users in Incognito Mode and when sharing personal information, contact details, or media.
(4) If a dispute arises between Users, the Users involved are solely responsible for resolving such dispute, and they release the Company (and its affiliates, directors, officers, employees, and agents) from claims, demands, and damages of every kind arising out of or in any way connected with such disputes.
12.7 No Fiduciary Relationship
Nothing in these Terms shall be deemed to create any fiduciary, agency, partnership, joint venture, employment, or similar relationship between the Company and any User. The Company acts solely as a technology platform provider and does not assume any duty of care or fiduciary obligation towards Users.
12.8 Statutory Rights
Nothing in these Terms shall limit, exclude, or override any rights available to Users under applicable laws, including consumer protection laws, to the extent such rights cannot be lawfully waived.
13. GRIEVANCE REDRESSAL, GOVERNING LAW, AND DISPUTE RESOLUTION
13.1 Grievance Redressal Mechanism
(1) In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company has appointed a Grievance Officer.
(2) Users may submit complaints regarding Content, account issues, payment disputes, or any other concerns by: (i) Email: Grievance@nativegems.in (ii) Post: Grievance Officer, Nativegems Private Limited, SF NO-209/2A 1C., Paramathi Road, Periyapatti, Namakkal - 637001
(3) The Grievance Officer shall acknowledge complaints within twenty-four (24) hours of receipt and shall endeavor to resolve the complaint within fifteen (15) days.
13.2 Governing Law
(1) These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. (2) The Platform is intended primarily for Users located in India. Users accessing the Platform from outside India shall be responsible for compliance with local laws applicable to them.
13.3 Jurisdiction
(1) Subject to Section 13.4 (Dispute Resolution), the competent courts at Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or the use of the Platform.
13.4 Dispute Resolution
(1) Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be resolved in accordance with the following procedure: (i) Amicable Settlement: the Parties shall first attempt to resolve the dispute amicably through good-faith negotiations within thirty (30) days of written notice; (ii) Mediation: if the dispute remains unresolved, it may be referred to mediation under the aegis of an institution mutually agreed by the Parties; (iii) Arbitration: failing amicable settlement or mediation, the dispute shall be finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996.
(2) The tribunal shall consist of a sole arbitrator appointed mutually, failing which in accordance with the Act. The seat and venue of arbitration shall be Chennai, India. The proceedings shall be conducted in English. The arbitral award shall be final and binding on the Parties.
13.5 Severability and Waiver
(1) If any provision of these Terms is held invalid or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall continue in full force and effect. (2) The failure of the Company to enforce any provision shall not constitute a waiver of its rights. No waiver shall be effective unless made in writing by the Company
13.6 Entire Agreement
(1) These Terms, together with the Privacy Policy, Community Guidelines, and any supplementary rules or Contest-specific conditions issued by the Company, constitute the entire agreement between the User and the Company with respect to the Platform and supersede all prior or contemporaneous agreements. (2) In case of conflict between these Terms and any additional rules or Contest-specific conditions, the latter shall prevail to the extent of such conflict.
13.7 Survival
The provisions of these Terms which by their nature are intended to survive termination or expiry of the User’s account or these Terms, including but not limited to Sections relating to Virtual Coins, Content and Intellectual Property, Data Protection, Disclaimers, Limitation of Liability, Indemnity, and Dispute Resolution, shall survive and continue in full force and effect.
13.8 Assignment
The Company may assign or transfer its rights and obligations under these Terms without restriction. Users may not assign their rights without prior written consent of the Company.
14. CONTACT
For any questions relating to these Terms, please contact:
Nativegems Private Limited Email: Grievance@nativegems.in Grievance Officer: Ramya