1. GENERAL

General Terms and Conditions

• By accessing or using the services of the Shink AI Tech Private Limited (“Shink”, “we”, “our” or “us”) mobile application (“App”), you agree to be bound by these Terms of Use Agreement read along with our Privacy Policy (“Terms”). Please read these Terms carefully before providing your consent to be bound by these Terms of the App.
• The Terms are effective as on [●] day of July 2024. We reserve the right to make changes to these Terms at any time, at our discretion. We may do this for a variety of reasons including to reflect new features, changes in business practices or compliance with the law. The most updated version of the Terms is available on the App at [●] and will reflect the date of the latest amendment. Please check these Terms periodically for any changes. We will notify the users of the App when any modifications are made to these Terms [by way of an email notification at their registered email addresses and a push notification on the App]. 3 In addition, we aim to keep all our users informed of such Terms and other policies and notices applicable to the App on a yearly basis at the end of each calendar year irrespective of any changes having been made during such calendar year. Please note that continued use of the App after revision indicates the user’s acceptance of these Terms.
• Users have the right to request Shink for access to these Terms and any other policies and notices on the App in any language listed under Schedule 8 of the Indian Constitution. For requesting access to any App policies in any such additional language, please write to us at contact@shink.app.

2. ELIGIBILITY

2.1. You are not authorised to create an account and avail the services on the App, unless all of the following are true, and by using our services, you represent and warrant that:

• you are at least 18 years of age;
• you are legally qualified to enter into a binding contract with Shink;
• you are located in India;
• you have not previously been removed from the App by us unless you have our express written permission to create a new account;
• you do not have more than one active account on the App;
• you have never been convicted under the laws applicable to the Republic of India; and
• you do not have any past or present convictions, or are subject to any court proceedings in relation to assault, violence, sexual misconduct or harassment.

2.2. You agree to:

• comply with all applicable laws and regulations in India;
• treat other users of the App in a courteous and respectful manner, both on and off the App;
• publicly authenticate your profile by uploading a selfie (doesn’t have to be a selfie) ( for verification and adding at least one photo that shows your face;
• to truthfully disclose your identity, age, gender/sexual identification, (can we ask for marital status) current or previous profession or affiliations with a person or entity; (why do we need to know their profession, affiliation, person, entity?)
• not use the App for the promotion, sale or purchase of any products or services including any illegal substances and products;
• not solicit money or any other items of value from any other user, whether as a loan, gift, advance or compensation;
• not solicit or promote illegal/antisocial activities including prostitution, cyber- bullying, online trolling and abuse, and sharing of any child sexual abuse material;
• not post or share content that is prohibited in Section 3.1 (Prohibited Content) of these Terms;
• not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the App in any manner whatsoever;
• you agree to respect every User’s privacy and not disclose their personal information without the prior consent of the User;
• that you understand that the App is targeted at users located in India and that the material/information on the App is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of the App will be contrary to law or any regulation. It shall be the responsibility of every user to be aware of and fully observe the applicable laws and regulations of the jurisdiction which user is subject of. If you are not a located in India and yet use this App, you acknowledge, understand and agree that you are doing so on your own risk and Shink shall not be liable for violation/breach of any of the laws applicable to usage of the App;
• you authorise Shink to conduct verification checks on you, to prevent misrepresentation of any kind; and
• you consent to Shink and the App using Artificial Intelligence (“AI”) to access, read and analyse your chats and accordingly personalise the profiles shown to you to improve the quality of matches (we will also dip into chats to resolve any flagging conflicts – this might req human intervention). For more details, please refer to our Privacy Policy.

3. CONTENT

3.1. Shink prohibits users from uploading or sharing any content on the App that:

• involves the sharing of personal or third-party banking information and passwords;
• violates any laws applicable to the Republic of India;
• could be reasonably deemed to be obscene, pornographic, paedophilic, threatening, abusive, violent, discriminatory, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering, or an online game that causes user harm, or is deemed illegal under the laws of India;
• promotes enmity, harassment, hatred against a person, community living being or between different groups on the grounds of religion or caste with the intent to incite violence;
• contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without prior approval of the owner of such content;
• includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
• promotes or facilitates any illegal activity including terrorism, communal hatred, fraud, substance abuse, identity theft, or any offense under applicable laws;
• impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by the fact check unit of the Central Government;
• related to the purchase, sale, promotion, marketing or solicitation of any product or services legal or illegal in the territory of India;
• solicits gambling or engages in any gambling or similar activity;
• collects or solicits personal information about anyone under 18 years of age;
• is harmful to anyone who is a minor, i.e., below the age of 18 years of age;
• uses anything or other automated technology to access the App or services;
• involves the transmission of junk mail, fraudulent messages and phishing of information or any information containing any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data, personal information or induce fraudulent money transfers whether from the App or otherwise;
• belongs to another person and to which the user does not have any right or infringes upon any third party’s rights including intellectual property rights, proprietary rights and privacy rights;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation; and
• is in the nature of an online game that is not verified as a permissible online game or is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

3.2. You undertake not to advertise or solicit any user to buy or sell any products or services through the App. In addition, you shall not use any information obtained from the App in order to contact, advertise to, solicit, or sell to any user without the prior explicit consent of Shink and other such user. It is clarified that any such use of information shall be to the sole liability and responsibility of the user engaging in such activity.

3.3. Connecting your user profile with Instagram and Spotify (“Third-Party Apps”)

• The App allows you to link your profile to your personal accounts on Instagram and Spotify. If you choose to connect your profile with your accounts on either Instagram or Spotify, please note that it will grant Shink and the App access to your data on the relevant Third-Party App.
• You consent to the access of your data on the Third-Party Apps by Shink and allow all your content shared publicly by you on Instagram and Spotify to be viewed by other users of the App on your profile at any given time.
• [You may choose to withdraw your consent to link such Third-Party Apps at any given time by ‘disconnecting your user profile’ in the Settings section of the App.]

3.4 The App may contain links to other websites or may contain features of any nature of other websites on the App (“Linked Sites”). The Linked Sites are not under the control of Shink and it is not responsible for the contents of any Linked Site, including without limitation to any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. Shink is not responsible for any form of transmission, whatsoever, received by the user from any Linked Site. The inclusion of any link does not imply endorsement of any nature by Shink or the App of the Linked Sites or any association with its operators or owners.

3.5 You are solely responsible and liable for the content you share, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your content. You are solely responsible for and assume all liability regarding: (a) the information and content you post, transmit, publish, share or otherwise makes available to Shink and the App; (b) user interactions with other registered users through the App; and (c) the information provided in the chats. The App shares user information with the specific user’s matches.

4. PROCEDURE FOR REPORTING CONTENT AGAINST THESE TERMS

4.1. Shink does not tolerate any unlawful and inappropriate content or behaviour on the App.

4.2. All users will be provided with an option to report: (a) the profile; (b) a message sent by another user; (c) or an image uploaded by a user and an option to explain why such profile/image/message has been reported.

4.3. We shall acknowledge and resolve such user complaints and grievances within the timelines prescribed under applicable laws.

4.4. We reserve the right, at our discretion, to terminate or suspend any account, restrict access to the App, or make use of any operational, technological, legal or other means available to act against users in breach of these Terms and to enforce these Terms (including without limitation blocking specific IP addresses).

4.5. We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content shared to identify breaches of our Terms and make use of AI tools including automatic scans of profiles to identify red-flag language and images, manual reviews of suspicious profiles, activity, and user generated reports, shadow-banning suspicious accounts, as well as blocking of email addresses, phone numbers, IP addresses and other identifiers associated with bad actors on the App.

4.6. We reserve the right to investigate any possible violations of these Terms, any App user’s rights, or any third-party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, and/or remove any improper, infringing or otherwise unauthorised content submitted to the App.

5. PAYMENT TERMS

5.1. Shink may offer certain products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

5.2. You may make further purchase certain additional products and features through a third-party platform such as the Apple App Store and Google Play Store. Once you have made a purchase, you authorize us to charge your chosen payment method. If payment is not received by us from your chosen payment method, you agree to promptly pay all amounts due upon demand by us, on a monthly basis. [Note to Shink team: Please let us know if there are any in-app purchases available on the App, i.e., if Shink enables Users to purchase additional features within the App’s ecosystem, without being redirected to iOS/Android app stores. We will need to build in additional provisions in the terms of use, accordingly.] (Yes there will be in-app purchases. In fact, the app will be completely free to download and ONLY charge via in-app monthly payments and single-micro-payments.)

5.3. All purchases are non-refundable and no refunds or credits will be allocated for partially used periods.

6. DELETION OF THE PROFILE

6.1. You may decide at any time and without notice, choose to delete your account on the App. Please note that this will result in all your data being erased from the App, and all purchases will remain invalidated.

6.2. If a user deletes their account:

• their profile will be removed from the list of profiles on Shink and all In-App Purchases will be invalidated; and
• the user cannot reactivate their deleted profile.

6.3. Shink reserves the right to terminate your membership, to suspend a profile or to disable access with respect to a breach of any of these Terms or any other policy governing the usage of the App with or without notice. In the event of such suspension or automatic disabling of an account, all In-App Purchases will be rendered invalid unless the account is re-instated.

6.4. Notwithstanding anything contained in Section 6.1 above, upon deletion or termination/suspension of a user’s membership, profile or disable their access for safety reasons, we may retain certain information from such account for such period as may be required in accordance with applicable laws and to prevent that user from opening a new account on the App in the future. For more details, please refer to the Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Shink owns all the content other than that published by users on our App.

7.2. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our App is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to our content remains with us at all times.

7.3. We grant you a limited license to access and use our content, and we reserve all other rights. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the App’s content and/or any portion thereof.

7.4. Any copyrighted or other proprietary content distributed on or through the App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorised submission or distribution of copyrighted or other proprietary content is illegal and could subject the user to personal liability or criminal prosecution.

8. DISCLAIMER

8.1. Shink and the App provides its services on an ‘as is’ and ‘as available’ basis and to the extent permissible by law. We do not grant warranties of any kind, whether express or implied, statutory or otherwise with respect to the App (including all content and information displayed therein and communicated through the App) and including without limitation, any implied warranties of satisfactory quality, merchantability, and fitness for a particular purpose or non-infringement.

8.2. Shink assumes no responsibility for any content that you or another user or third party posts, sends, or receives through our services, nor do we assume responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through the App.

8.3. Shink shall not be held responsible for non‐availability of the App at any point in time for any reason whatsoever. You understand and acknowledge that any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion and risk. Shink is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.

9. LIMITATION OF LIABILITY

You understand and expressly agree that to the extent permitted under applicable laws, in no event will Shink or any of its affiliates or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use of or inability to use the App or any parts thereof or any information and content displayed on or communicated through the App.

10. PRIVACY

10.1 Please refer to our Privacy Policy to understand the manner in which Shink and the App access, uses and shares your personal information.

11. INDEMNITY

11.1 You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Shink, our affiliates, and our officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, asserted against or incurred by Shink arising out of, or relating in any way to your access to or use of our services, your content on and usage of the App, your conduct toward other users, or your breach of these Terms.

12. ASSIGNMENTS

12.1 Shink may assign, in whole or in part, the benefits or obligations of these Terms to its associates or affiliates or any other company, pursuant to a restructuring, re- organisation, demerger, or expansion in business causing a change in management or control. Shink will not require approval or consent of the user and it may at its discretion provide an intimation of such assignment to the user.

13. GOVERNING LAW

13.1 The Terms shall be governed by and construed in accordance with the laws of India.

14. DISPUTE RESOLUTION

14.1 Any dispute or claim arising under these Terms shall be governed by the Arbitration and Conciliation Act, 1996. A sole arbitrator shall be appointed mutually by both parties. The arbitration proceedings shall be held in English at Mumbai.

14.2 The courts at Mumbai shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

15. SEVERANCE AND VALIDITY

15.1 If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, it shall be deemed to be severed from these Terms and the parties shall use all reasonable efforts to replace such provision with one having an effect as close as possible to the deficient provision. The remaining provisions will remain in full force in that jurisdiction and all provisions will continue in full force in any other jurisdiction.

16. GRIEVANCE REDRESSAL

16.1 For any complaints or concerns regarding these Terms, your usage of the App and our services, you can write to our Grievance Officer-Mr. Melroy D’Mello at: melroy@shink.app to address your complaint against the services provided in the App.