Terms And Condition

TERMS AND CONDITIONS

By accessing and using the Talk & Relax platform or any other related applications/portals/platforms launched by us from time to time (collectively referred to as the “Platform”, “Website”, and/or “Application”, used interchangeably), you agree to be legally bound by the following Terms and Conditions, including all policies referenced herein and applicable legal requirements.

Please read these Terms of Use (“Terms”) and the Privacy Policy available on the Platform carefully before using any of our services.

ELIGIBILITY

You must be at least 21 years of age to use this Platform. By accessing or using our services, you represent and warrant that you are 21 years of age or older. The Platform does not independently verify user age but reserves the right to perform random checks.

TERMINOLOGY

• “We”, “our”, “us” refers to Riko Talk Heal Pvt. Ltd.
• “You”, “user”, “your” refers to any individual, organization, or institution that accesses or uses the Platform.

The Company reserves the right to revise, modify, or update these Terms at any time without prior notice. Your continued use of the Platform following such changes indicates your acceptance. If you do not agree with these Terms, you should discontinue use of the Platform immediately.

PART A – GENERAL TERMS AND CONDITIONS OF USE

This Agreement is an electronic record as defined under the Information Technology Act, 2000 and does not require physical or digital signatures. It complies with Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.

By using the Platform, you acknowledge and accept the Terms and Privacy Policy and agree to be legally bound from the time of access.

If any conflict arises between these Terms and any other agreement or document, these Terms shall prevail. If there is a conflict between Part A and Part B, Part B (Special & Additional Terms) shall take precedence.

A. GENERAL

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be deemed severable, and the remainder of the Terms shall remain in effect.

• Jurisdiction: Any disputes shall be subject to the exclusive jurisdiction of the courts of Ajmer, Rajasthan.
• Headings: Are for reference only and do not limit or affect any provision.
• Non-Waiver: The Company’s failure to act on a breach does not waive its right to act on subsequent or similar breaches.
• Entire Agreement: These Terms represent the complete agreement between the user and the Company.

B. DESCRIPTION OF SERVICES / PURPOSE

The Platform is an emotional wellness service, offering on-demand communication via video, audio, or text with trained Listeners for a recurring or time-based fee.

• The Platform facilitates conversation for emotional support, stress relief, companionship, or sharing personal/professional matters.
• The Company acts only as an aggregator, enabling interactions between users and Listeners. It does not control or interfere with conversations, outcomes, or behaviors, and disclaims liability for any incident, misconduct, or data breach resulting from such interactions.
• The Platform does not offer clinical therapy or medical services and should not be used as a substitute for professional mental health or emergency care.
• Services are licensed for personal use only and not sold. Users must comply with all applicable copyright and legal terms, regardless of paid or free access.

Use of the Platform requires compatible devices and may involve downloading software or updates, subject to applicable end-user license agreements.

C. DATA CONSENT & ANALYTICS

By registering or using the Platform, you provide your unconditional consent for the Company to collect, store, process, and use the following (but not limited to):

• Personal details (name, email, phone number)
• Login credentials
• Geolocation data
• Information from third-party logins (e.g., Google, Facebook)

The Company may integrate third-party services (e.g., analytics tools like Google Analytics) to improve service delivery and user experience.

Purpose of Data Use:
All data collected may be used for service delivery, experience enhancement, and operational purposes related to the Platform’s goals.

D. REGISTRATION

To access services, users must create an account. Users are solely responsible for:

• Providing accurate and complete information
• Verifying the authenticity of uploaded documents
• Securing their account credentials

By registering, you agree that:

• The Company may contact you for service, support, or marketing purposes.
• Your information may be shared with authorized partners or affiliates for service-related communications.
• The Company may send transactional, promotional, and service-related communications via any medium (SMS, email, phone, etc.).
• Location data may be captured during registration or use.

USER ACCOUNT, PASSWORD, AND SECURITY

The Platform endeavors to maintain user privacy by allowing users to interact anonymously. However, you are solely responsible for maintaining the confidentiality of your account credentials, including your Display Name and Password, and for all activities conducted under your account.

You agree to:

• Immediately notify the Company of any unauthorized use or breach of your account or password.
• Log out of your account at the end of each session.

If any information provided by you is found to be untrue, inaccurate, outdated, or incomplete, the Company reserves the right to suspend, terminate, or permanently block your access to the Platform.

E. PROPRIETARY RIGHTS

You acknowledge that all legal rights, titles, and interests in and to the Platform and its associated services—including all intellectual property (whether registered or not)—are owned exclusively by the Company or its respective licensors, partners, institutions, or affiliates, as applicable.

• All content, software, technology, trademarks, logos, service marks, and trade names displayed on the Platform (collectively, the “Proprietary Content”) remain the sole property of the Company or its rightful owners.
• Users are strictly prohibited from copying, modifying, distributing, reverse-engineering, creating derivative works of, or otherwise using any part of the Platform or Services except as explicitly permitted.

You shall not:

• Disclose confidential or proprietary information related to the Platform without prior written consent.
• Remove, obscure, or alter any proprietary notices or labels contained in the Platform.

All users, including content providers and third-party service contributors, must respect the intellectual property and confidentiality rights of others and comply with all applicable laws and this Agreement.

F. LICENSE AND PLATFORM ACCESS / USAGE

The Company grants you a limited, revocable, non-transferable license to access and use the Platform solely for personal or commercial purposes as permitted by the Company. This license does not permit:

• Downloading or copying of account information for another user or third party.
• Data mining, screen scraping, or use of robots or similar data extraction tools.
• Unauthorized linking, framing, deep linking, or mirroring of Platform content.
• Uploading harmful content, viruses, or engaging in activities that impair the integrity of the Platform.

Your access is subject to termination without notice if found misusing the Platform or violating these Terms.

You agree not to:

1. Use the Platform for unlawful, fraudulent, or speculative activities.
2. Interfere with the Platform’s security, systems, or infrastructure.
3. Engage in any behavior that infringes on the rights of others or violates any law.
4. Use or transmit offensive, obscene, defamatory, or otherwise prohibited content.
5. Circumvent, disable or breach any security or access control mechanisms.

Any violation may result in immediate termination of your access, legal action, and/or compensation claims.

G. YOUR ACCOUNT

By creating an account, you affirm that:

• You are 21 years of age or older, legally competent to contract, and not under duress or disqualified by law.
• You are not a competitor or affiliated with any competing entity.
• All information provided is true, current, and complete.

The Company reserves the right to restrict or revoke your access at its sole discretion, with or without cause or notice, including if it suspects you provided misleading or inaccurate information.

You are responsible for:

• Creating a secure password (with alphanumeric and special characters).
• Regularly updating your password.
• Not disclosing sensitive or medical information to Listeners, as the Platform is not a healthcare service or counseling provider.

The Platform is strictly for anonymous and non-therapeutic communication. Users must refrain from initiating romantic relationships, harassment, or using the Platform for psychological counseling, therapy, or any unlawful or detrimental purpose.

H. THIRD-PARTY PARTNERS AND CONSENT

As outlined in the Privacy Policy:

• The Company shall not be held responsible for any personal or sensitive information voluntarily shared by you on the Platform.
• Third-party integrations displayed or made accessible through the Platform do not constitute recommendations or endorsements by the Company.
• Interactions with third-party services are at your sole risk and discretion.

You agree that:

• The Company is not liable for any loss, injury, or damages arising from your use of third-party services.
• You voluntarily consent to the sharing of your data with the Company’s partners for the purposes defined by the Platform.
• The Company may retain, archive, or delete user data at its sole discretion, especially upon account expiry, inactivity, or violation of terms.

Upon valid request and subject to legal obligations, the Company will endeavor to delete user data as per its data retention policy.

I. COMPLIANCE WITH LOCAL LAWS

This Platform is operated from Ajmer, Rajasthan, India. The Company makes no representation that services or materials available on the Platform are appropriate or available in other locations.

By using the Platform, you:

• Accept responsibility for compliance with all applicable local laws, including fiscal, economic, and tax regulations.
• Agree not to contest the governing law and jurisdiction provisions of this Agreement.
• Acknowledge that this Agreement is directed at users seeking services as listed on the Platform.

J. INTERACTION WITH LISTENERS

The Company acts as an aggregator and facilitator for connecting Users with Listeners for informal and non-professional conversations.

• Listeners are not employees or representatives of the Company.
• They are not certified to offer medical, psychological, or therapeutic advice.
• Their role is limited to offering empathetic conversations and shared human experiences.

Users should not:

• Expect or interpret Listener interaction as professional therapy.
• Share sensitive, confidential, or medical information that requires licensed professional intervention.

In case of emergencies or serious mental/physical health issues, users are strongly advised to seek professional medical or emergency services immediately.

The Company and Listeners shall not be held liable for any negative outcome, advice, action, or interpretation resulting from such conversations.

K. Reporting

If any dispute or incident arises during your interaction with a Listener, you must promptly report it. While we may investigate, the Company accepts no legal liability, direct or indirect, for any such occurrences. You agree to indemnify and hold us harmless from any claims or disputes stemming from those interactions.

L. Submitted Content

You retain ownership of any content you submit (“Materials”), but grant the Company a perpetual, irrevocable, worldwide, royalty‑free license to use, modify, distribute, publicly display, or sublicense such Materials—even using your name in connection with them—unless a specific agreement states otherwise.
You alone are responsible for your Materials and must ensure you have full rights to submit them. Infringement claims related to your content are your liability alone. The Company is not obligated to publish all content and may remove any Materials at its discretion.

Prohibited content includes (but is not limited to):

• Commercial promotions or solicitations not pre-approved by the Company
• Manipulated data or forged materials
• Any content violating applicable policies regarding posting or uploading

Violation may result in legal or financial consequences.

M. Limitation of Liability

Neither the Company nor its affiliates, employees, or service providers will be liable for any direct, indirect, incidental, punitive, special, or consequential damages—including lost profits—arising from:

• Platform access or use (or inability to use it)
• Data loss or content errors
• Third-party behavior or user-generated content
• Malware or viruses impacting your system due to Platform usage

The total liability is capped at the last amount you paid to the Company, not to exceed INR 100 per user.

N. Indemnity

You agree to indemnify and hold harmless the Company and its associates from any claims, damages, losses, liabilities, costs, or attorney fees arising from:

• Your violation of this Agreement
• Your violation of any applicable law or third-party right
• Your use of the Platform and associated Services

O. Electronic Communication

You consent to receive communications electronically—from emails to on-platform messages—and agree that electronic notices satisfy any legal requirement for written communication. Please review the Terms and Privacy Policy at least once a year; continued use of the Platform constitutes acceptance.

P. Platform-Provided Message Postings (Including Forums)

User-posted content (“Postings”) is not reviewed or endorsed by the Company, although it may be monitored or removed at its discretion.

You must not post content that is:

• Illegal, harmful, abusive, defamatory, or otherwise objectionable
• Promotional or unsolicited advertising
• Impersonating others or containing personal data
• Chain letters, spam, or copyright-infringing content

Misuse may lead to account suspension or legal action.

Q. Blogs

Blog content is for educational purposes only and does not constitute legal, professional, or medical advice. Reliance on blog content does not create any professional relationship; for advice, consult a qualified expert. All blog content is copyrighted, and reproduction requires prior written consent from the Company.

R. Payment Terms

To access Services, users must maintain a prepaid minimum balance of INR 100 in their platform wallet. Payments are processed via third-party gateways, and users must adhere to those providers’ terms. The Company disclaims liability for any issues arising from such gateways. All amounts are deducted in rupees, inclusive of applicable taxes which are non-refundable.

S. Payments to Listeners

Users may offer optional tips to Listeners. These are discretionary and the Platform bears no responsibility for any consequences. Tips may be shared between the Platform and the Listener; the amount received by the Listener may differ from the amount shown.

T. External Links & Browser Extensions

The Platform may link to external websites or third-party resources for information. These are provided for convenience only—you access them at your own risk, and the Company has no control or endorsement over third-party content. The Company may also collect your browsing data for internal analysis.

U. Secure Area Access

Access to password-protected or secure sections of the Platform is restricted to authorized users. Unauthorized access may result in legal action.

V. Modifications & Notification of Changes

The Company may amend the terms, policies, payment provisions, or Services at any time. Continued use of the Platform after changes implies your acceptance.

W. Survival of Terms

Obligations that inherently continue—such as confidentiality, indemnity, and liability limits—survive beyond termination or expiration of this Agreement.

X. Telephone Calls

Customer service calls may be monitored or recorded to improve service quality. These will be conducted under appropriate supervision. Any relay costs fall on you, and you must comply with all applicable telecommunication regulations.

Y. Feedback

Feedback may be submitted voluntarily and becomes the Company’s sole property. While the Company will endeavor to consider improvements, there’s no obligation to implement any suggestions. Do not disclose trade secrets or confidential information via feedback.

Z. Additional Terms & Conditions

Certain sections or services within the Platform may be governed by special terms in Part B. Those specific terms—where applicable—override Part A. You must review and accept those terms before accessing relevant services.

 

PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS

All registered users of the Platform, including its third-party service providers, employees, affiliates, agents, and representatives (collectively referred to as the “Company”), are required to strictly adhere to the following terms:

A. CONFIDENTIALITY

This clause supplements the Privacy Policy.

• All information shared by registered users is considered confidential and will be protected by reasonable security measures implemented by the Platform.
• Any third party with whom the Platform shares such information shall also be responsible for maintaining confidentiality and complying with applicable data protection laws.
• The Platform reserves the right to share user information:
  • With service providers, regulators, authorities, and legal bodies as mandated under applicable laws
  • With affiliates, partners, employees, or agents on a need-to-know basis

Likewise, users must treat any information shared with them by third parties on the Platform as confidential and take appropriate steps to secure such data. In case of any breach at the user’s end that results in third-party claims, the user will bear sole responsibility and shall indemnify the Company from any liability.

B. INDEMNITY

In case of a breach or noncompliance with these Special Terms by the user, the Company may suffer irreparable loss or damage. The Company reserves the right to seek full reimbursement for all damages, losses, and legal costs incurred as a result of such breach.

C. DISPUTE RESOLUTION

1. Amicable Settlement

All disputes related to this Agreement (Parts A, B, and any Disclaimers) should first be attempted to be resolved amicably. If not settled within 30 days of the dispute arising, the matter may proceed to arbitration.

2. Arbitration

• Disputes that remain unresolved after 30 days shall be referred to ad-hoc arbitration, to be conducted digitally.
• A sole arbitrator, mutually appointed by both parties, will oversee the process.
• All proceedings shall be conducted in English.
• The decision of the arbitrator will not be binding on either party.

3. Jurisdiction

If the dispute remains unresolved post-arbitration:

• Both parties agree to submit to the exclusive jurisdiction of courts in Ajmer, Rajasthan, India.
• The Agreement will be governed in accordance with the laws of India.
• Users expressly waive their right to file a Zero FIR or similar complaints in any other jurisdiction.

D. GOVERNING LAW AND JURISDICTION

This Agreement (including Parts A and B) and the relationship between the user and the Company are governed by the laws of India, regardless of conflict of law provisions. Any legal proceedings must be brought exclusively in the courts of Ajmer, Rajasthan, India.

By agreeing to these Terms, users explicitly accept and are bound by this jurisdiction clause, and further agree not to initiate Zero Complaints or FIRs in any jurisdiction outside of Ajmer.

E. WARRANTIES AND DISCLAIMERS

• The Company may alter, discontinue, or suspend services on the Platform at its sole discretion, without notice or compensation.
• All services are provided on an “as is” basis, without warranties of any kind, either express or implied.
• The Company disclaims all warranties, including:
  • Fitness for a particular purpose
  • Merchantability
  • Non-infringement
  • Accuracy, reliability, or security of services or information obtained

No Liability For Damages

The Company and its associates will not be liable for any:

• Content errors or inaccuracies
• Personal injury or property damage
• Unauthorized access or data breach
• Interruptions or failures in service
• Malware, viruses, or third-party attacks
• Damages resulting from reliance on Platform content

This limitation applies regardless of the legal basis and to the fullest extent permitted by law. Certain jurisdictions may allow limited warranties, but the Company excludes them to the extent legally permitted.

Third-Party Links

• The Platform may contain links to external websites (“External Sites”) for informational purposes only.
• The Company makes no endorsement or representation regarding these sites and disclaims all liability for their content.
• Access to such sites is at the user’s sole risk.

F. TERMINATION

In addition to any other rights provided under this Agreement, the Company reserves the right, at its sole discretion, to restrict, suspend, or terminate a User’s access to the Platform, Services, or Content—either partially or entirely—without prior notice, and regardless of whether other customers or users continue to access the Services.

In the event the User terminates their access to the Platform or Services due to a breach of any provision of these Terms, the Company retains the right to deny future access or services to that User, even if the User subscribes again or attempts to utilize services through alternative members or representatives.

G. FORCE MAJEURE

Neither party shall be held liable for any failure or delay in performing their obligations under this Agreement due to events beyond their reasonable control, including but not limited to:

• Natural disasters (e.g., earthquakes, floods)
• War, terrorism, or acts of public enemies
• Civil unrest, riots, insurrection, or rebellion
• Acts of government or military authority
• Political disturbances
• Any other unforeseeable or uncontrollable circumstances

The affected party must promptly notify the other party upon occurrence of any such event and shall make reasonable efforts to continue performance in accordance with the terms of this Agreement as soon as practicable.

H. ACCEPTANCE AND DECLARATION

By continuing to use the Platform and its Services, you expressly declare and confirm the following:

• You accept and agree to be fully bound by these Special and Additional Terms and Conditions.
• You understand that any breach, violation, or non-compliance of these Terms may result in legal or disciplinary action by the Company, the Platform, and/or its authorized representatives.
• You confirm that you are of legal age and possess the legal capacity to enter into this Agreement on behalf of yourself or the entity you represent.

By clicking on “I Accept”, you acknowledge that:

• You have read, understood, and accepted the complete Terms of Use (Part A and Part B), Privacy Policy, Refund Policy, and Disclaimers, all of which together constitute the full and binding agreement between you and the Company.
• You are bound by all provisions stated in the Agreement, and that failure to adhere to any provision may result in legal recourse or other action deemed necessary by the Company.