Terms of Service

01 Introduction & Acceptance of Terms

• 1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your") and [Company Legal Name] ("Talkiva", "we", "us", "our"), the operator of the Talkiva Platforms, governing your access to and use of the Services.
• 1.2 By downloading, installing, registering on, accessing, or using the Platforms or the Services in any manner, you confirm that you have read, understood, and agree to be bound by these Terms and by all rules, guidelines, and policies referenced herein (including our Privacy Policy, Community Guidelines, and Listener Guidelines, each as published on the Platforms from time to time).
• 1.3 If you do not agree to these Terms, you must not download, install, register on, access, or use the Platforms.
• 1.4 Amendments. We may modify these Terms at any time. The "Last Updated" date above will always reflect the current version. Material changes will be notified to you through the app, by email, or by a prominent notice on the Platforms at least seven (7) days before they take effect, where practicable. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may delete your account as described in Section 13.
• 1.5 If you accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
• 1.6 These Terms are published in English. Any translation is provided for convenience only, and the English version shall govern in the event of any conflict.

02 Definitions

• "Talkiva" / "We" / "Us" / "Our" means [Company Legal Name], having its registered office at Pune, Maharashtra, India, and its successors and permitted assigns. References to "we" include our affiliates where the context requires.
• "Platforms" means, collectively, the Talkiva mobile application available on the Google Play Store and Apple App Store, the website talkiva.in (including all subdomains), and any related software, features, tools, or services we provide.
• "Services" means the features offered through the Platforms, including audio and video calling, one-on-one text chat, listener matching, user profiles and avatars, and the Coin-based economy described in Section 5.
• "User" means any person who registers an account on the Platforms and uses the Services as a paying/consuming participant — that is, a person who purchases Coins and spends them on calls and chats with Listeners. Every Listener is also a "User" for the purposes of these Terms, but additional obligations apply to Listeners under Section 6.
• "Listener" (also called a "Host") means a registered User who offers conversation, companionship, or emotional-support sessions to other Users through the Services, earns Coins for completed sessions, and may withdraw those earnings as real currency subject to the KYC, payout, and taxation requirements of Section 6. Listeners are independent participants and are not employees, agents, partners, or representatives of Talkiva.
• "Coins" means the closed-loop virtual units used within the Services, divided into two categories:
  • "Purchased Coins" — Coins bought by a User with real money solely to spend on calls and chats; these can never be withdrawn or converted into real currency; and
  • "Earned Coins" — Coins credited to a Listener for completed sessions, which may be withdrawn as real currency under Section 6.
• "Account" means your registered user account on the Platforms.
• "KYC" means the "Know Your Customer" verification described in Section 6.2 (identity and bank-account verification).
• "Content" means any text, messages, audio, video, images, avatars, usernames, profile information, or other material created, transmitted, or made available through the Services.
• "IT Rules" means the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended, together with the Information Technology Act, 2000 ("IT Act").

03 Eligibility & Account Registration

• 3.1 Minimum age. The Services are available only to individuals who are at least eighteen (18) years of age. By registering, you represent and warrant that you are 18 or older and legally competent to contract under the Indian Contract Act, 1872. Accounts created by, or on behalf of, persons under 18 will be permanently terminated upon discovery.
• 3.2 One account per person. You may maintain only one Account. Duplicate accounts, accounts created for third parties, and accounts created using another person's phone number are prohibited.
• 3.3 Accurate information. You agree to provide true, accurate, current, and complete information during registration (name, mobile number, email, gender, date of birth, state, and languages spoken) and keep it updated. You must select an avatar from our preset library — Talkiva does not permit photo uploads for profiles.
• 3.4 Account security. Accounts are verified by a one-time password (OTP) sent to your registered mobile number. You are solely responsible for: (a) safeguarding your device, OTPs, and account credentials; (b) all activity that occurs under your Account, whether or not authorised by you; and (c) notifying us immediately at [Contact Email] of any unauthorised access or use. Talkiva will not be liable for losses arising from your failure to secure your Account.
• 3.5 Listener onboarding. In addition to standard registration, Listeners must complete Talkiva's onboarding and verification process (including identity verification and acceptance of the Listener Guidelines) before they can receive sessions or withdraw earnings.
• 3.6 Location. The Services are designed for users in India. If you access the Services from outside India, you are responsible for compliance with local laws, and Talkiva makes no representation that the Services are appropriate or available in your location.
• 3.7 Charges. You are responsible for internet/data charges and any carrier fees levied by your telecom provider or ISP.

04 Scope of Services & Intermediary Status

• 4.1 Talkiva is a technology platform that connects Users with Listeners for audio/video conversations and one-on-one chat in 35+ Indian languages, using a Coin-based payment system.
• 4.2 Intermediary status. Talkiva is an "intermediary" within the meaning of Section 2(1)(w) of the IT Act, 2000. Talkiva does not create, originate, edit, select, or control the Content of its Users and Listeners. Talkiva's liability is limited in accordance with Section 79 of the IT Act (the "safe harbour"), subject to due diligence under the IT Rules.
• 4.3 No pre-screening. We do not pre-screen, endorse, warrant, or guarantee: (a) the accuracy, legality, or quality of any Content; (b) the conduct, intentions, identity, or skills of any Listener; or (c) the outcome of any conversation. We do operate moderation systems (automated and human) and act on reports and actual knowledge as required by the IT Rules, including disabling access to prohibited Content within thirty-six (36) hours of actual knowledge, or within shorter timelines for the most serious categories (Sections 8–9).
• 4.4 Independent Listeners. Listeners are independent participants. No conversation on Talkiva constitutes professional advice (medical, psychological, legal, or financial), and no Listener–User interaction creates any agency, employment, or partnership with Talkiva.
• 4.5 No guarantee of availability. The Services are provided on an "as is" and "as available" basis. We may add, modify, suspend, or discontinue any feature at any time, with or without notice, to the extent permitted by law.
• 4.6 Not an emergency service. The Services are not an emergency, crisis-intervention, medical, or suicide-prevention service. See Section 8.5.

05 Coin System: Purchases, Usage, and Expiration

• 5.1 Nature of Coins. Coins are a closed-loop virtual currency usable only within the Platforms. Coins are not legal tender, are not money or e-wallet balances, and carry no cash value except as expressly provided for Listener withdrawals in Section 6. Coins are not transferable between accounts.
• 5.2 Purchasing Coins. Coins may be purchased through in-app purchases processed by our payment partners — Cashfree, Razorpay, and Stripe (see Section 11). By initiating a purchase, you authorise the applicable gateway to charge your chosen payment instrument.
• 5.3 Binding transaction. A purchase is deemed successful once the payment gateway confirms the transaction and the Coins are credited to your Account. The Coin balance displayed in your Account is the authoritative record of your entitlement, subject to Section 5.6.
• 5.4 Usage. Coins are deducted in real time as you use paid features, at the per-minute or per-session rates displayed in the app before you connect. Rates may change; the rate displayed at the time of your session applies to that session.
• 5.5 Promotional Coins. Coins granted free of charge through promotions, referrals, or compensation ("Promotional Coins") are credited at our discretion, may carry usage restrictions and shorter expiry windows, and are always exhausted before Purchased Coins in any transaction.
• 5.6 Expiration of Purchased Coins. Unused Purchased Coins expire permanently if your Account shows no activity for a continuous period of one hundred eighty (180) days (six months). "Activity" means signing in to the app or any use of the Services. We will notify you through the app and/or by email before expiry where practicable. Expired Coins are not reinstated.
• 5.7 No real-money value for Users. Purchased Coins (and Promotional Coins) cannot be sold, exchanged, transferred, redeemed for cash, or withdrawn under any circumstances.
• 5.8 No Refund Policy. All Coin purchases are final and non-refundable once the transaction is successful, except: (a) where a refund is expressly mandated by applicable law; (b) where the payment gateway's or app store's own refund policy requires it; or (c) where Talkiva, at its sole discretion, determines a refund is warranted (e.g., proven technical failure where Coins were deducted but the Service was not delivered). Coins already spent on completed sessions are non-refundable in all cases. Refund requests, where eligible, must be raised within seven (7) days of the transaction via [Contact Email] or the Grievance Officer.
• 5.9 Fair usage. Accounts must not be used for coin farming, exploiting bugs, unauthorised scripting or automation, or any manipulation of the Coin system. We may claw back Coins acquired through such abuse.

07 Prohibited Activities & Acceptable Use Policy

You agree not to use the Platforms to:

• 7.1 harass, bully, threaten, stalk, defame, or intimidate any person;
• 7.2 send obscene, pornographic, sexually explicit, or adult content, or solicit such content;
• 7.3 transmit content that is hateful, discriminatory, or incites violence or terrorism;
• 7.4 engage in activities involving the safety or exploitation of minors in any form (see Section 9);
• 7.5 impersonate any person or entity, or misrepresent your identity or affiliation;
• 7.6 share another person's private information without consent (doxxing);
• 7.7 engage in fraud, scams, phishing, or financial exploitation of other users;
• 7.8 run commercial solicitation, gambling, betting, ponzi/pyramid schemes, or unauthorised advertising;
• 7.9 attempt to move conversations or payments off-platform to evade fees or safety systems (including sharing external payment links or personal contact details for conducting paid Talkiva-style services elsewhere);
• 7.10 interfere with, disrupt, or attempt to gain unauthorised access to the Platforms, other accounts, or our servers and infrastructure;
• 7.11 scrape, harvest, or resell data, or reverse-engineer, decompile, or create derivative works of the Platforms;
• 7.12 use the Services in any manner that violates applicable law, including the IT Act, the IT Rules, and the POCSO Act.

We may report activities suspected of being unlawful to law enforcement authorities, and will cooperate with their investigations as required by law.

08 Safety, Security, and Call Recording

• 8.1 No background checks — you assume the risk. While Listeners complete an onboarding verification, Talkiva does not conduct traditional criminal background checks on Users or Listeners, and makes no guarantee of any participant's conduct. You interact with other users entirely at your own risk. Never share financial credentials, OTPs, passwords, or home addresses in any conversation, and never send money to anyone you meet on the Platforms outside the Coin system.
• 8.2 Call recording. For safety, abuse prevention, and dispute resolution, calls on Talkiva may be recorded and stored securely on our servers. By initiating or accepting a call on the Platforms, you expressly consent to such recording and storage as described in our Privacy Policy. An in-app notice is displayed where recording applies. Recordings are accessed only by authorised personnel on a need-to-know basis (e.g., to investigate a report), are never shared with other users, and are deleted per the retention schedule in our Privacy Policy.
• 8.3 If you do not consent to recording. Do not initiate or accept calls on the Platforms; free text chat may be available as an alternative where offered.
• 8.4 Moderation and reporting. Every chat and profile carries a report button; reports are actioned as described in Section 14. We also operate automated and human moderation, and may warn, restrict, suspend, or terminate accounts that breach Section 7.
• 8.5 Crisis situations. Talkiva is not an emergency or crisis-intervention service (Section 4.6). If you or someone you know is in danger or in emotional distress requiring urgent help, contact local emergency services or a government helpline (such as Tele-MANAS at 14416) immediately.

09 Prohibition of Child Sexual Abuse & Exploitation (CSAE) — POCSO Compliance

• 9.1 Prohibited conduct. You must never use the Platforms to: create, upload, share, or solicit any content that sexually exploits or endangers minors; groom, befriend, or solicit a minor; normalise sexual interest in minors; or arrange meetings or exchanges involving minors.
• 9.2 Report obligation. Any suspected CSAE must be reported immediately through the in-app report tool or to grievance.officer@talkiva.in. Reports of CSAE are escalated within 24 hours to law enforcement, including through the National Cyber Crime Reporting Portal (cybercrime.gov.in) and the Cyber Crime Helpline (1930), in coordination with obligations under the POCSO Act, 2012.
• 9.3 Immediate action. Accounts implicated in CSAE are permanently banned without appeal (Section 13.4), their content is preserved for law enforcement, and we report the incident as required by law.
• 9.4 Age misrepresentation. Any attempt by a minor to use the Platforms by misrepresenting age, or by any person to enable a minor's use, is a material breach of these Terms and will be reported and prosecuted to the fullest extent of the law.
• 9.5 Publication duties. In accordance with the IT Rules, 2021, Talkiva shall publish on its Platforms (and in its monthly compliance reports, where required) details of CSAM-related removals and reports, in the manner prescribed.

10 Intellectual Property Rights

• 10.1 Our rights. The Platforms — including the Talkiva name, logo, design, software, code, Coin system, graphics, and all related intellectual property — are owned by [Company Legal Name] and its licensors, and are protected by Indian and international copyright, trademark, and other laws.
• 10.2 Limited licence to you. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the Platforms for personal, non-commercial purposes only. You may not copy, modify, distribute, sell, lease, or sublicense any part of the Platforms.
• 10.3 Your content. You retain ownership of Content you create. You grant Talkiva a limited, worldwide, royalty-free licence to host, store, reproduce, and process your Content solely as necessary to operate, secure, and improve the Services (e.g., transmitting your messages, moderating reports). We do not sell your Content or use it for third-party advertising.
• 10.4 Feedback. Any suggestions, ideas, or feedback you provide may be used by us freely, without obligation or attribution.
• 10.5 Infringement complaints. IP owners may send takedown/objection notices to grievance.officer@talkiva.in; we will act within the timelines prescribed by the IT Rules.

11 Third-Party Services & Payment Gateways

• 11.1 Payment gateways. Coin purchases and Listener payouts are processed by third-party payment gateways, including Cashfree, Razorpay, and Stripe. When you transact through these gateways, you are also bound by their respective terms of service, privacy policies, and applicable regulations (including RBI guidelines on payment aggregators). Talkiva does not store your full card numbers, CVV, or banking passwords; payment instruments are handled on PCI-DSS compliant infrastructure operated by the gateways.
• 11.2 App stores. The mobile app may be downloaded from the Google Play Store or Apple App Store. Your use is additionally governed by those stores' terms, and store billing/refund policies may apply to in-app purchases.
• 11.3 Payment failures and chargebacks. If a gateway or bank reverses a transaction (chargeback), the corresponding Coins may be reversed from the Account, and Listener earnings attributable to that payment may be clawed back (Section 6.7). Talkiva may recover losses from fraudulent chargebacks and may suspend Accounts engaged in payment fraud.
• 11.4 Third-party links. The Platforms may contain links to third-party websites or services (e.g., social media pages, the Play Store). We do not control and are not responsible for their content, policies, or practices. Access them at your own discretion.
• 11.5 No partnership. Use of a gateway's or store's services does not make Talkiva an agent, partner, or joint venturer of that provider.

12 Privacy & Data Retention

• 12.1 Privacy Policy governs. Our collection, use, storage, and disclosure of personal data is described in detail in our Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, you also acknowledge the Privacy Policy.
• 12.2 Retention. Account data is retained while your Account is active and for up to ninety (90) days after deletion (a grace window for refunds, cancellations, and legal obligations), after which it is deleted or irreversibly anonymised. Financial and transaction records are retained as required under tax, accounting, and payment-regulation rules. Call metadata and call recordings (where made under Section 8.2) are retained only as long as needed for safety, billing integrity, and dispute resolution.
• 12.3 Data location. Data is stored securely on our servers and/or those of our cloud providers, with encryption in transit and appropriate safeguards at rest.
• 12.4 Your rights. You may access, correct, or request deletion of your personal data as set out in the Privacy Policy, and raise grievances through the mechanism in Section 14.

13 Account Suspension, Termination, and Appeal Process

• 13.1 By you. You may stop using the Services and delete your Account at any time from the app (Settings → Account → Delete Account) or by writing to [Contact Email]. Earned Coins must be withdrawn before deletion; unwithdrawn balances are handled per Section 12.2 and our retention schedule.
• 13.2 By us. We may suspend (temporarily restrict) or terminate (permanently ban) your Account, with or without prior notice, if: (a) you breach these Terms, the Community Guidelines, or the Listener Guidelines; (b) we are required to do so by law or a lawful authority; (c) we detect fraud, abuse, security risks, or harm to other users; or (d) your Account is dormant in breach of fair-usage rules. We may also remove prohibited Content and restrict specific features rather than the whole Account.
• 13.3 Effect of termination for breach. On termination for breach: your access ends immediately; Purchased Coins and Promotional Coins are forfeited without refund; earnings attributable to violations may be withheld or forfeited; and you remain liable for amounts already owed (e.g., chargeback clawbacks).
• 13.4 No appeal for CSAE. Terminations under Section 9 (CSAE) are permanent and final, with no appeal.
• 13.5 Appeal process. For all other suspensions/terminations, you may file an appeal within thirty (30) days to the Grievance Officer (Section 14), stating your registered mobile number and the grounds of appeal. We will review and respond with a reasoned decision, generally within seven (7) working days. If your appeal is successful, access is restored (where technically feasible) and any pending legitimate withdrawal is honoured. Our decision on the merits of a non-CSAE breach will be final, but we will honour any pending legitimate withdrawal where the appeal is successful.
• 13.6 Survival. Sections 5 (Coins, except as stated), 6 (Earnings/KYC/Tax), 10 (IP), 12 (Privacy/Retention), and 14–18 survive termination of your Account or these Terms.

14 Grievance Redressal Mechanism (As per IT Rules 2021)

• 14.1 Grievance Officer. In compliance with Rule 12 of the IT Rules, 2021 and the IT Act, we have appointed a Grievance Officer for resolution of complaints under these Terms and the IT Rules.
• 14.2 How to complain. Complaints may be raised: (a) through the in-app "Report a Problem" tool; (b) by email to the Grievance Officer; or (c) by post to the address above. Include your registered mobile number, a description of the issue, and supporting evidence/screenshots where possible.
• 14.3 Acknowledgment. Every grievance is acknowledged within twenty-four (24) hours of receipt.
• 14.4 Resolution. Grievances are resolved and a reasoned response issued within fifteen (15) days (or such other period as prescribed under applicable law for specific categories, e.g., 72 hours for content removal requests under the IT Rules).
• 14.5 Escalation & transparency. If you are dissatisfied with the resolution, you may escalate to the Chief Compliance Officer at the same contact points (where appointed under the IT Rules) and thereafter pursue remedies under Section 17. We publish a monthly compliance report where required, and maintain records of grievances as mandated.
• 14.6 No fee. Filing a grievance is free. Complaints made in good faith will never affect your standing on the platform.

15 Disclaimer & Limitation of Liability

• 15.1 Service "as is". The Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted access. We do not warrant that the Services will be error-free, secure, or continuously available.
• 15.2 No vetting. We do not warrant or guarantee the conduct, intentions, identity, or competence of any Listener or User, and expressly disclaim any liability for their acts or omissions. You interact with others at your own risk (see Section 8.1).
• 15.3 Limitation of liability. To the maximum extent permitted by law, Talkiva's total aggregate liability arising out of or in connection with these Terms or the Services — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the greater of: (a) INR 5,000 (Rupees Five Thousand only); or (b) the total value of Coins purchased by you in the six (6) months preceding the event giving rise to the claim.
• 15.4 No indirect loss. In no event shall Talkiva be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or emotional distress, however caused, even if advised of the possibility.
• 15.5 Carve-outs. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable Indian law.
• 15.6 Internet risks. You acknowledge that data transmission over the internet can be subject to interruptions, delays, and security breaches. Your use of the Services over any network is at your own risk.

16 Indemnification

• 16.1 You agree to indemnify, defend, and hold harmless [Company Legal Name], its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, demands, actions, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Platforms or Services; (b) your breach of these Terms or any applicable law; (c) your Content; (d) your interactions and disputes with other Users or Listeners; or (e) your violation of any third-party right, including intellectual property or privacy rights.
• 16.2 Talkiva reserves the right, at your expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of such claim.

17 Governing Law & Dispute Resolution

• 17.1 Governing law. These Terms are governed by and construed in accordance with the laws of India.
• 17.2 Good-faith resolution first. Before commencing formal proceedings, please raise your concern through the Grievance mechanism (Section 14) — most issues are resolved there within the prescribed timelines.
• 17.3 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that is not resolved through the grievance mechanism shall be finally settled by binding arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement (or, failing agreement, in accordance with the Act's appointment procedure). The seat and venue of arbitration shall be Pune, Maharashtra, India and the proceedings and award shall be in English. The award of the arbitrator shall be final and binding on the parties.
• 17.4 Jurisdiction. Subject to Section 17.3, the courts at Pune, Maharashtra, India shall have exclusive jurisdiction over all matters arising from these Terms.
• 17.5 Class action waiver. To the extent permitted by law, disputes shall be resolved on an individual basis, and neither party may bring claims as a plaintiff or class member in any class, collective, or representative action.
• 17.6 Limitation period. Any claim must be filed within one (1) year of the date on which the claim arose, or the earliest date permitted by law.

18 General Provisions

• 18.1 Entire agreement. These Terms, together with the Privacy Policy, Community Guidelines, and Listener Guidelines, constitute the entire agreement between you and Talkiva regarding the Services and supersede all prior agreements and understandings.
• 18.2 Severability. If any provision is held invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
• 18.3 Waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision, or of any future breach.
• 18.4 Assignment. You may not assign or transfer your rights or obligations. Talkiva may assign its rights and obligations in whole or in part (including in connection with a merger, acquisition, or sale of assets), with notice to you.
• 18.5 Force majeure. Talkiva shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, epidemics, strikes, failures of telecommunications or internet service providers, or governmental action.
• 18.6 Notices. Notices to you may be given via the app, the email registered with your Account, SMS, or postings on the Platforms, and are deemed received upon transmission/posting. Notices to us must be sent to [Contact Email] or the Grievance Officer's address above.
• 18.7 Relationship of parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Talkiva.
• 18.8 Language. These Terms are published in English; translations, if any, are for convenience only.
• 18.9 Questions. Questions about these Terms may be directed to [Contact Email] or the Grievance Officer identified in Section 14.