Terms & Conditions

These Terms and Conditions ("Terms") constitute a binding legal agreement between Rare Infoway Private Limited ("we", "us", "our") and you ("User", "you") governing your access to and use of the VChat mobile application (the "App").

By installing, registering for, or using the App, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, do not install or use the App.

These Terms form an electronic contract under the Information Technology Act, 2000 (IT Act).

These Terms are designed to operate within the following Indian statutory framework:

• Information Technology Act, 2000 (IT Act) and rules made thereunder — including the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• Digital Personal Data Protection Act, 2023 (DPDPA 2023) — governing the processing of personal data (see our Privacy Policy).
• Indian Contract Act, 1872 — governing the formation and enforcement of this agreement.
• Consumer Protection Act, 2019 — rights of consumers using digital services, including the e-commerce rules.
• Telecom Regulatory Authority of India (TRAI) guidelines — where applicable to OTP and SMS-based authentication.

Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited under applicable Indian law.

VChat operates as an intermediary under section 2(1)(w) of the IT Act, 2000. We provide the technical infrastructure for users to communicate. We are not the originator or publisher of user-generated content transmitted through the App, subject to the obligations in these Terms and the Intermediary Guidelines, 2021.

As an intermediary, we comply with the due diligence obligations under Rule 3 of the Intermediary Guidelines, 2021, including publishing these Terms and our Privacy Policy, appointing a Grievance Officer, and acting on valid complaints.

• 1.You must be at least 18 years of age to register. Users under 18 require verifiable parental or guardian consent in accordance with section 9 of the DPDPA 2023.
• 2.Registration requires a valid mobile phone number in E.164 format. You will receive a one-time password (OTP) to verify your number.
• 3.You must provide accurate and complete information during profile setup and keep it current.
• 4.You are solely responsible for all activity that occurs on your account. Keep your device and the App secure. Report any suspected unauthorised access to dhairy@rareinfoway.com immediately.
• 5.You may hold only one account per phone number. Creating duplicate or fraudulent accounts is prohibited.
• 6.We reserve the right to refuse registration or terminate accounts at our discretion, particularly for violations of these Terms or applicable law.

VChat provides the following features:

We may add, modify, suspend, or discontinue any feature with reasonable notice where practicable. The App is provided on an "as is" and "as available" basis.

7.1

You must comply with all applicable Indian and local laws.

7.2 Prohibited conduct — You must not:

• 1.Use the App to send, store, or share content that is obscene, pornographic, paedophilic, invasive of privacy, hateful, racially or ethnically objectionable, or otherwise unlawful under Indian law.
• 2.Send unsolicited bulk messages, spam, or automated communications without consent.
• 3.Harass, threaten, bully, stalk, or intimidate any person.
• 4.Use the App to facilitate fraud, financial scams, phishing, impersonation, or identity theft.
• 5.Share false or misleading information that may cause panic, incite violence, or damage national security or public order.
• 6.Infringe the intellectual property rights (copyright, trademark, trade secret) of any third party.
• 7.Upload or share content containing malware, viruses, trojans, or any code designed to harm systems.
• 8.Attempt unauthorised access to our systems, other users' accounts, or third-party systems through the App.
• 9.Use automated bots, scrapers, or crawlers to access or extract data from the App without written permission.
• 10.Circumvent or disable any security, privacy, or access control feature of the App.
• 11.Use the App in a way that disrupts, overloads, or impairs our servers or network infrastructure.
• 12.Use the App for commercial solicitation without our written consent.
• 13.Facilitate or enable minors to access the App in violation of these Terms.

7.3 Group Administrators

Group creators and administrators are responsible for moderating their groups to prevent misuse. We may remove groups and suspend or terminate the accounts of creators/admins who permit prohibited conduct.

8.1 Your Content

You retain ownership of messages, images, audio, documents, and other content you send or upload ("Your Content"). By using the App to transmit Your Content, you grant us a limited, non-exclusive, royalty-free, worldwide licence to store, transmit, and deliver Your Content solely for the purpose of providing the App's services to you and your recipients.

8.2 Traceability

In accordance with Rule 4(2) of the Intermediary Guidelines, 2021, we may be required to enable identification of the first originator of a message upon receipt of a valid order from a competent authority. We will comply with such requirements as mandated by law.

8.3 Our IP

The VChat name, logo, App design, source code, and all original platform content are owned by Rare Infoway Private Limited or our licensors. Nothing in these Terms grants you any right to use our intellectual property except as necessary to use the App as described.

8.4 Third-Party IP

Do not share content through the App that infringes the copyright, trademark, or other intellectual property rights of any third party.

Our processing of your personal data is governed by our Privacy Policy, which complies with the DPDPA 2023 and SPDI Rules, 2011. By using the App, you acknowledge having read and understood the Privacy Policy.

The App relies on the following third-party services, each subject to their own terms of service and privacy policies:

We are not responsible for the availability, security, or practices of these services beyond our contractual obligations with them.

To the fullest extent permitted by Indian law:

• The App is provided "as is" and "as available" without warranties of merchantability, fitness for a particular purpose, or non-infringement, except those implied by law that cannot be excluded.
• We do not warrant that the App will be uninterrupted or error-free; voice or video calls will always connect or maintain quality; messages will be delivered within any guaranteed timeframe; or the App will be compatible with all devices and OS versions.
• We are not responsible for the content of messages, calls, or media transmitted by users between themselves.
• Call media (audio and video streams) is transmitted in real time via LiveKit's infrastructure. We do not guarantee end-to-end encryption of call media unless explicitly stated in the App.

To the fullest extent permitted by applicable Indian law:

• We are not liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, data, reputation, or business, arising from your use of or inability to use the App.
• Our total aggregate liability for all claims arising from your use of the App in any twelve-month period shall not exceed the greater of: (a) the amounts you paid us for the App or related services in that period; or (b) INR 1,000 if the App is provided free of charge.

This limitation does not apply to: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be excluded under applicable Indian law, including the Consumer Protection Act, 2019.

You agree to indemnify and hold harmless Rare Infoway Private Limited, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, costs (including reasonable legal fees), and expenses arising from:

• Your Content or your use of the App.
• Your breach of these Terms.
• Your violation of any applicable law or the rights of a third party.
• Any complaint, dispute, or proceeding brought against us by a third party as a result of your conduct.

• 1.We may suspend or terminate your account, with or without notice, for: breach of these Terms; conduct prohibited under clause 7; requests from law enforcement or government authorities; or discontinuance of the App.
• 2.We will provide reasonable notice before termination where practicable, unless the breach or legal requirement necessitates immediate action.
• 3.You may delete your account through the App's account settings. Upon deletion, your profile data and messages will be removed or anonymised subject to legal retention obligations described in our Privacy Policy.
• 4.Provisions of these Terms that by their nature should survive termination — including intellectual property, limitation of liability, indemnity, and governing law — shall continue to apply after termination.

In accordance with Rule 3(2)(b) of the Intermediary Guidelines, 2021 and the Consumer Protection Act, 2019, we have appointed a Grievance Officer:

The Grievance Officer will acknowledge complaints within 24 hours and resolve them within 15 days of receipt, in accordance with the Intermediary Guidelines.

These Terms are governed by and construed in accordance with the laws of India.

We may amend these Terms at any time by posting the updated version at https://rareinfoway.com with a revised "Last updated" date. We will notify you of material changes through the App or by SMS. Your continued use of the App after the effective date constitutes your acceptance of the revised Terms.