Terms of use
These terms of use ("Terms") govern your use of our website https://www.wyb.social/ (“Website”) and/or mobile application called Wyb (“App”). The Website and the App are collectively referred to as the "Platform" provided by Soulgenics Pvt. Ltd. ("Wyb", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office at #92, Third floor, 27th main road, 7th cross road, sector 1 HSR Layout, Bangalore 560102. The terms "you" and "your" refer to the user of the Platform.
Our Services (as described below) and these Terms are compliant with the Indian Penal Code, 1860, and the Information Technology Act, 2000, including all amendments made to it and rules framed under it. When You create an account on Our Platform or use Our Platform or any of our Services (as defined below), You accept and agree to these Terms. However, We do not represent that We comply with laws of any country other than India. If You wish to use Our Services, please ensure that You are permitted to do so, in Your jurisdiction.
Both You and We are required to follow certain rules while You use Our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. By using Our Platform, You agree to these Terms. If You are using these Services outside India, please comply with Your local laws.
CHANGES TO TERMS AND SERVICES
Our Platform is dynamic and may change rapidly. We may change the Services We provide at Our discretion and may temporarily or permanently stop providing Services or any features to You. We may remove or add functionalities to Our Platform and Services without any notice. However, if a change requires Your consent, We will make sure to ask for it. Please keep visiting this page from time to time to stay updated on our latest changes and developments.
WHO MAY USE OUR SERVICES
Our Platform helps you stay in touch with people and enables you to share images, videos, music, status updates, and more. We understand Your preferred content and personalize Your newsfeed to show You posts, pictures, videos, and suggest content available on our Platform ("Service / Services").
You may use Our Services only if You are capable of entering into a binding agreement with Us and are legally permitted to use our Services. If You are accepting these Terms on behalf of a company or any legal persons, then You represent and warrant that You have the authority to bind such entity to these Terms and effectively "you" and "your" shall refer to the company. Please ensure that You are allowed to use Our Services under the law.
HOW TO USE OUR SERVICES
We have developed a unique Platform. We strive to provide personalized content and show You content that You will enjoy. To use Our Services, You must register on Our Platform by entering Your phone number and the One-Time-Password (“OTP”) sent by Us via SMS to Your phone number. When You register with Us using the App, You also allow Us to read Your mobile device phone book, Your SMS inbox, access Your mobile gallery, mobile device storage, and mobile device camera. However, We do not read any information stored on Your mobile device and computer without Your permission. In order to provide Services to You, We need to access certain features of Your mobile device.
PRIVACY POLICY
To effectively provide and introduce any new Services to You, We collect certain information such as Your phone number, the university/college You’re in, the academic year You’re currently in and Your name from You. We may further request and store additional information. Such information is stored securely on amazon web services ("AWS") cloud servers and the google cloud platform ("Google Cloud Platform") cloud servers, and is subject to the terms of the AWS and Google Cloud Platform privacy policy. The Privacy Policy explains how We collect, use, share and store the information collected. The Privacy Policy also details Your rights under law and how You may control the data You provide Us.
As stated under the Privacy Policy, We may also use third-party embeds and services on the Platform. The usage of such API services and embeds are covered by the policies of such third-party services.
YOUR COMMITMENTS
Providing a safe and secure Service for a diverse community requires that We all do Our part. In return for Our commitment to provide Our Services, We require You to make some commitments to Us. Please note that You will solely bear the costs and consequences of any actions taken by You on the Platform (including any violation of these Terms) along with the commitments given by You below. By using Our Services, You agree and acknowledge the following:
No Impersonation or False Information to be provided
While You do not have to use Your actual name on Our Platform, You are required to input Your correct phone number and gender to use Our Services. You will not falsely represent yourself as another person or representative of another person to use Our Services. In the event, You are operating a parody account for satirical or comedic purposes, You must state the same in your bio on Our Platform.
Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that Our Platform is immune to hacking and virus attacks. You will ensure that You have requisite anti-malware and antivirus software on Your mobile device and computer to ensure its safety. You will not allow any person to use Your phone number, and not allow multiple accounts to be linked to Your phone number. You will be responsible for all content posted by any account linked to Your phone number. While We do everything to secure Your use of Our Services, We cannot contemplate all forms of attack on Our Platform. Therefore, You should ensure that Your mobile device and computer are not used wrongly or tampered with in any way.
Content Removal and Termination
Your usage of Our Platform is governed by the Wyb Content and Community Guidelines. If any of Our users report Your content which violates the Wyb Content Community Guidelines, We may remove such content from Our Platform. In the event that multiple reports are made regarding violation of the Wyb Content and Community Guidelines, We may be compelled to terminate Your account with Us and block You from registering with Us. If You wish to appeal any such removal, You may write to Us at [grievance@vyld.io].
Platform not to be used for anything unlawful or illegal
Our Platform is designed to accommodate multiplicity of cultures, as well as a diverse range of content. To this effect, We have developed various tags to classify the nature of the content. You must therefore, correctly identify the nature of the content shared by You and tag it appropriately. You shall not, however, use Our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any person, or violate any laws of India, or is barred from being shared by any laws of India. We reserve the right to remove such content.
In addition, We may share Your information with appropriate law enforcement authorities if We have a good-faith belief that it is reasonably necessary to share Your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to Our property or safety, Our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. However, We cannot be held responsible for any actions done by or to You by a third party or user by way of using Our Platform.
Content Rights and Liabilities
We strongly believe in the freedom of expression and allow You to share photographs, images, videos, music, status updates, and other content on Our Platform. We do not have any ownership over any of the content shared by You and the rights in the content remain only with You. You will not use Our Platform to violate or infringe upon Our or any third-party’s intellectual property rights. Such content is against VYLD Content and Community Guidelines and may be removed from the Platform. Further, if You use any content developed by Us, then We shall continue to own the intellectual property rights vested in such content.
By sharing/posting/uploading content using Our Services, You grant Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of Your content (consistent with Your privacy and application settings). You may delete Your content and/or account at any point. However, Your content may continue to appear on the Platform if it has been shared with others. To learn more about how We use information, and how to control or delete Your content, please read the Privacy Policy.
You remain solely responsible for the content You post on Our Platform. We do not endorse and are not responsible for any content shared or posted on or through Our Platform, and for any consequences resulting out of such sharing or posting. The presence of Our logo or any trademark on any content shared by You does not mean that We have endorsed or sponsored Your content. Further, We will not be liable for or responsible for the consequences of any transactions made or entered into by You with other users of the Platform or advertisers on the Platform.
You will always have ownership and responsibilities for the content You share. We will never claim that We have intellectual property rights over Your content, but We will have a zero cost, permanent license to use what You share and post on Our Platform.
Intermediary Status and No Liability
We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require publishing of the rules and regulations, Privacy Policy, and Terms of Use for accessing and using Our Platform. Our role is limited to providing a Platform for users to upload, share and display content, created or shared by You and other users.
We do not control the actions of You or other people on the Platform and are not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through Our Services. Our responsibility for anything that happens on Our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we are not responsible for any loss of profits, revenues, information, or data, or for any consequential, special, indirect, exemplary, punitive, or incidental damages arising to You or any other person related to these Terms, even if We are aware that such damages are possible. This limitation includes any liability that may arise when We delete Your content, information, or account.
You will not attempt to disrupt or jeopardize Wyb services
Our Platform is community-driven, and we expect you to respect that. You agree not to interfere with, or use non-public areas of Our Platform, Services, and our technical delivery system. You must not introduce any trojans, viruses, malicious software, bots or scrape Our Platform for any user information. Additionally, You must not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by Us. Any attempt to tamper with our technological design and architecture, will result in the termination of Your user profile and a ban from using Our services. We may further report such actions to the appropriate law enforcement authorities and proceed against You with legal actions.
PERMISSIONS YOU GIVE TO US
By accepting these Terms, You grant Us certain permissions to serve You better:
Permission to share Your profile Information with third parties
If We share any sensitive personal information (as defined under the applicable laws), We will ask You for Your consent prior to sharing the same.
Automatic Downloads and Updates
We are constantly updating Our Platform and Services being offered. To use Our Platform, You may need to download the App to your mobile device and update it from time to time.
Permission to use Cookies
We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to Your use of the Services and third-party websites. Please see the Cookie Policy for more information regarding the use of cookies and other technologies, including regarding Your choices relating to such technologies.
Data Retention
We have the right to retain certain information regarding Your usage of the Platform. Please refer to the Privacy Policy for further information relating to the collection, processing, storage and use of Your information by Us.
OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE
Who has rights under these Terms
The rights and obligations under these Terms are granted only to You and cannot be assigned to any third party without Our consent. However, We are permitted to assign Our rights and obligations under these Terms to any other person, such as in the case we enter into a merger with another company and create a new company.
How will We handle Disputes
All disputes will be subject to the laws of India, and the courts of Bangalore shall have exclusive jurisdiction over all such disputes arising out of or in connection with these Terms.
GRIEVANCE REDRESSAL MECHANISM
We are committed to the privacy and safety of Our users. We have appointed a Grievance Officer, who can be contacted directly if a user has any concern about his/ her experience of Our Platform. Our robust Grievance Redressal Mechanism helps resolve any concerns or complaints raised by You with respect to Our Platform.
Various mechanisms for grievance redressal are given below:
You can report user profiles and raise complaints for content which violate Our community guidelines by clicking on the three dots available next to the post/comment/user profile. Select the appropriate reason and click on the report option. The status of each complaint can be checked on the Reports page available under the Profile Settings tab. You may also raise an issue via the Help & Support option available under the Profile Settings tab.
You can send an email to grievance@vyld.io with your concern or complaint.
You will receive a ticket number which is auto-generated and actions on the complaint or concern raised will be taken in line with Platform policies and Government regulations.
If You have any complaint or grievances or concerns regarding data safety, privacy, and Platform usage concerns, please inform such matters to the designated Grievance Officer as mentioned below in writing or through electronic mail. We will resolve the issues raised by you within 15 (fifteen) days from receiving them.
Grievance Officer:
Name: Mr Vishakh V Nadh
Address: #92, Third floor, 27th main road, 7Th cross road, sector 1 HSR Layout, Bangalore 560102
Designation: Product Manager
Office Hours: 11:00 A.M. to 5:00 P.M.
Email: grievance@vyld.io
Note - Kindly send all user related grievances to the above mentioned email ID, in order for us to process and resolve the same in an expeditious manner
LIMITATION OF LIABILITY
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.
The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied, except as otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall We, or any of Our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event, any exclusion contained herein is held invalid for any reason and We or any of Our affiliate entities, officers, directors or employees become liable for loss or damage, such liability 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Us, and Our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
Your access to or use of the Platform and Services;
Any breach by You of Your obligations under these Terms;
Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
Your negligence or willful misconduct.
This obligation will survive the termination of Our Terms.
UNSOLICITED MATERIAL
We always appreciate feedback or other suggestions. We may use such feedback or suggestions without any restrictions or obligation to compensate You for them, and We are under no obligation to keep them confidential.
GENERAL
If any aspect of these Terms is unenforceable, the rest will remain in effect.
Any amendment or waiver to Our Terms must be in writing and signed by Us.
If We fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by Us.
We reserve all rights not expressly granted to You.