1. Introduction
These Terms of Use ("Terms") govern your access to and use of the Better Friend mobile application ("Better Friend App") provided by Better Friend Technology Private Limited ("Better Friend," "Company," "we," "us," "our"), a company incorporated under the laws of India, having its registered office in Udaipur, Rajasthan. The terms "you" and "your" refer to the user of the Platform. The Better Friend App, its services, and associated websites ("Platforms") are governed by these Terms.
By accessing or using our Platforms, you signify that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other applicable policies referenced herein. If you do not agree with these Terms, please do not use the Platforms.
We reserve the right to modify these Terms at any time, with any changes taking effect immediately upon publication. Your continued use of the Platforms will signify your acceptance of the updated Terms.
2. Scope of Services
Better Friend App provides a social platform that allows users to interact and engage with others globally by sharing audio, images, videos. Our objective is to create a community where users can connect and communicate based on their preferences and interests. These Terms govern your use of all services provided by the Better Friend App ("Services").
Better Friend connects users for 1:1 counseling sessions, which may include optional recording for security, legal, or service-quality purposes. These recordings are not made publicly accessible and remain securely stored for limited durations.
3. Eligibility
By agreeing to these Terms, you confirm that:
- You have the legal capacity and authority to enter into a binding contract in accordance with applicable local, state, national, and international laws and regulations.
- You have not been previously suspended or terminated from using the Platform for any violations of these Terms or for any conduct deemed inappropriate by Better Friend.
- You are at least 18 years old or have reached the age of majority under the laws of your jurisdiction, and you have the mental capacity to understand and comply with these Terms.
- You are not subject to any court order relating to assault, violence, sexual misconduct, or harassment in any form.
4. Registration and Account
To access the Services, you must register on the Better Friend App by providing your phone number, which will be authenticated using a One-Time-Password (OTP). Upon registration, you are required to create an account ("Account").
You may also be required to share additional profile information such as name, gender, date of birth, and location. Any information provided by you is at your own discretion and may be visible to other users.
Account Responsibility
- You are solely responsible for any activity conducted through your Account.
- You agree to notify us immediately if you suspect any unauthorized access or use of your Account.
- Better Friend will not be liable for any loss or damage arising from unauthorized use of your Account, either with or without your knowledge.
You must not share your Account credentials with anyone else. Better Friend reserves the right to terminate or suspend your Account in the event of a breach of these Terms.
5. Prohibited Use
By using the Platform, you agree not to engage in the following activities:
- Disseminating or transmitting material that is obscene, defamatory, harassing, abusive, or offensive.
- Sharing or distributing any content that infringes on intellectual property rights or any other rights of a third party.
- Creating a false identity or impersonating another individual.
- Interfering with or attempting to gain unauthorized access to another user's Account.
- Spreading viruses, malware, or any other harmful code that may disrupt the Platform or users' devices.
- Engaging in fraudulent or unlawful activities while using the Platform.
Community Guidelines form part of these Terms, and you agree to comply with them. Better Friend reserves the right to remove any content or suspend Accounts that violate these guidelines.
6. Safety and Interaction Risks
Better Friend does not conduct background checks or verify the identity of its users. You are solely responsible for ensuring your safety when interacting with others on the Platform, whether online or offline. Better Friend disclaims all responsibility for any harm or damage arising from your interactions with other users.
You agree to use caution when sharing personal information and acknowledge that Better Friend cannot guarantee the accuracy or authenticity of information provided by other users. Any reliance on such information is at your own risk.
7. User Content
By uploading or sharing content on the Better Friend App ("Your Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, distribute, display, and otherwise make available your content to other users. You retain ownership of Your Content, but you agree to allow Better Friend to use it as described in these Terms.
- You are solely responsible for Your Content and must ensure it complies with Community Guidelines and all applicable laws.
- Better Friend reserves the right to remove or block any content that violates these Terms, including but not limited to content that is offensive, defamatory, fraudulent, or unlawful.
8. Intellectual Property
All content on the Platforms, including but not limited to text, graphics, logos, icons, images, audio clips, and software ("Better Friend Content"), is the property of Better Friend or its licensors and is protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Better Friend Content for personal, non-commercial purposes only. You agree not to:
- Reproduce, distribute, modify, or publicly display any Better Friend Content without prior written consent.
- Reverse engineer, disassemble, or attempt to derive the source code of any part of the Better Friend App.
Unauthorized use of any Better Friend Content will result in the termination of your Account and may subject you to legal liability.
9. Payment Terms
Better Friend In-App Purchases and Payments
Better Friend may offer products and services for purchase within the app ("In-App Purchases"). By choosing to make an In-App Purchase, you acknowledge and agree that additional terms specific to the purchase, disclosed to you at the time of transaction, may apply and are hereby incorporated into this agreement.
You can make an In-App Purchase using the following Payment Methods: (a) purchasing through a third-party platform such as different wallets (including Razorpay, Cashfree), referred to as the "Third Party Store," or (b) paying with your credit card, debit card, or net banking, processed by a third-party payment processor. Upon completing an In-App Purchase, you authorize us to charge your selected Payment Method. If payment is not received from your chosen Payment Method, you agree to promptly settle all outstanding amounts upon our request.
The Better Friend App operates globally, and our pricing is influenced by various factors. We frequently provide promotional rates that may differ based on factors such as region, subscription duration, bundle size, and more. We also regularly experiment with new features and payment methods.
The Better Friend App reserves the right, without prior notice, to limit the availability of or discontinue any product, feature, service, or other offering; to impose conditions on the acceptance of any coupon, discount, offer, or promotion; to restrict any user from completing a transaction; and to decline providing any user with a product, service, or other offering or honoring any offer.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
Taxes: If Better Friend determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Better Friend will collect such Sales Tax in addition to the payments required under this Section.
Payment Compliance with GPBS: Better Friend complies with Google Play's billing policies for paid services offered through the app, including for any recordable 1:1 counseling sessions. Payments processed through the app cover real-time advisory services provided by experts.
10. Third-Party Services and Links
The Better Friend App may include links to third-party websites or services that are not owned or controlled by Better Friend. We do not endorse or assume responsibility for any content, privacy policies, or practices of these third parties. By using the Better Friend App, you acknowledge and agree that Better Friend shall not be liable for any loss or damage arising from your use of third-party websites or services.
11. Limitation of Liability
Under no circumstances shall we, including our owners, officers, directors, employees, or affiliates, be liable for any form of damages arising from or in connection with your use of the App, Website, or any content provided therein. This includes, without limitation, direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, revenue, profits, business opportunities, goodwill, or any claims made by third parties, regardless of the legal theory under which such liability is asserted.
These limitations shall apply irrespective of whether such damages were foreseeable or whether we were advised of the possibility of their occurrence. Your sole and exclusive remedy in the event of dissatisfaction with the App, Website, or any of its content is to cease using the same.
By accessing or using the App or Website, you expressly acknowledge and agree to waive any claims against us, to the extent permissible under applicable law. However, in certain jurisdictions, exclusions or limitations on implied warranties or liability for specific types of damages may not be enforceable, and, in such cases, the limitations set forth herein may not fully apply.
In any event, and notwithstanding anything to the contrary in this agreement, our total cumulative liability to you for any claims, losses, or damages arising out of or in connection with the use of the App or Website shall not exceed an aggregate amount of five thousand rupees (INR 5,000).
These limitations and exclusions form an integral part of the terms governing your use of the App and Website, and reflect a reasonable and fair allocation of risk. The provision of the App and Website is predicated on these limitations, which shall remain enforceable even if they are deemed to have failed their essential purpose.
This clause does not exclude or limit liability for fraud, intentional misconduct, gross negligence, or any other liability that cannot be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify and hold harmless Better Friend, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees, arising out of or related to:
- Your violation of these Terms.
- Any third-party claim regarding Your Content.
- Your use of the Services or Platform in violation of applicable laws.
13. Termination
Better Friend reserves the right to suspend or terminate your Account or access to the Services at any time, without prior notice, for any reason, including but not limited to:
- Violation of these Terms.
- Unlawful conduct.
- Fraudulent activity.
Upon termination, you will lose access to your Account, and all associated content and data may be deleted. Better Friend is not obligated to provide refunds for any purchases made before termination.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Udaipur, Rajasthan.
15. Force Majeure
Better Friend shall not be held liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.
16. Consent for Recordings
By using the Better Friend platform, you acknowledge and agree that certain or all sessions may be recorded for legal compliance, dispute resolution, and service improvement.
17. Miscellaneous
- Assignment: Better Friend may assign or transfer its rights and obligations under these Terms to any third party at its discretion.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
- Waiver: Failure by Better Friend to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Better Friend regarding your use of the Platform.
For any queries related to these Terms or the Services, please contact us at support@betterfriend.live.