Legal

Terms of Use

Effective date: [To be finalized]

These Terms of Use govern your access to and use of the SkaleChat mobile application, its features, services, software and related services made available by Skalechat Communications Private Limited, having its registered office at C/o Anjana Sharma, Gali No. 4, Uttamnagar, Rewari, Rewari, Rewari – 123401, Haryana, India (“SkaleChat”, “Company”, “we”, “us” or “our”).

By creating an account, accessing or using SkaleChat, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you must not access or use SkaleChat.

1. SkaleChat

1.1. SkaleChat is a communication platform that enables users to communicate individually and through groups, including a feature presently described as a “Super Group”.

1.2. A principal feature of a Super Group is controlled communication between its members. Depending upon the configuration of the Super Group, ordinary members may communicate within the group without being provided access to certain personal or contact information of other members.

1.3. A Super Group administrator may assign names or aliases by which members are identified within a Super Group and may exercise administrative controls made available by SkaleChat.

1.4. The restriction of contact information within a Super Group is a platform functionality. SkaleChat does not warrant or guarantee that members cannot identify, locate, contact or transact with each other through information obtained independently of SkaleChat or through any means outside the Platform.

1.5. SkaleChat does not guarantee that use of a Super Group will prevent circumvention of an administrator, disintermediation, loss of commission, loss of a client or customer, loss of business opportunity or any other commercial loss.

2. Eligibility

2.1. You must be at least 13 years of age to create or operate a SkaleChat account.

2.2. By creating an account, you represent that you have the legal capacity to enter into these Terms.

2.3. Where you use SkaleChat on behalf of a company, firm, organisation or other entity, you represent that you are authorised to accept these Terms on its behalf.

3. Registration and Account Security

3.1. You may be required to provide information including your name, mobile number and profile photograph and to verify your mobile number through an OTP.

3.2. You must provide accurate and current information and must not impersonate another person or misrepresent your identity.

3.3. You are responsible for maintaining control over your account, registered mobile number and devices through which your account is accessed.

3.4. You must promptly notify SkaleChat if you reasonably believe that your account has been accessed or used without authorisation.

3.5. You shall not sell, transfer, licence or otherwise make your account available to another person without the permission of SkaleChat.

4. Super Groups

4.1. A user who subscribes to the applicable paid subscription may create and administer a Super Group (“Administrator”).

4.2. Ordinary users may participate in Super Groups without purchasing a Super Group subscription.

4.3. An Administrator may, subject to the functionality made available by SkaleChat:

(a) add or remove members;
(b) determine how members are identified within the Super Group, including through assigned names or aliases;
(c) access member information made available to Administrators;
(d) moderate the Super Group;
(e) access messages, shared media and other content within the Super Group;
(f) download content and, where enabled, export conversations; and
(g) exercise such additional administrative controls as SkaleChat may make available.

4.4. The information presently available to an Administrator may include a member’s name, mobile number, profile photograph, last-seen status, messages and shared media.

4.5. Ordinary members may have restricted visibility of information concerning other members. A member must not attempt to defeat, circumvent or interfere with restrictions imposed by SkaleChat or the applicable Super Group configuration.

4.6. Administrators are responsible for using information available to them through their administrative privileges lawfully and only for legitimate purposes connected with administration of the relevant Super Group.

4.7. SkaleChat does not become a party to any contract, transaction, engagement, introduction, commission arrangement or other commercial relationship merely because the relevant persons communicate through SkaleChat.

5. User Content

5.1. “User Content” means messages, photographs, videos, audio recordings, documents, location information, profile information and any other information or material submitted, transmitted, uploaded or otherwise made available by a user through SkaleChat.

5.2. You retain your rights in User Content created by you.

5.3. You grant SkaleChat a limited, non-exclusive licence to host, transmit, process, reproduce and otherwise technically use User Content to the extent necessary to operate, secure, maintain and provide SkaleChat and the features requested by you.

5.4. This licence does not transfer ownership of your User Content to SkaleChat.

5.5. You represent that you have the rights and permissions necessary to submit your User Content and that its submission and use through SkaleChat does not unlawfully infringe the rights of another person, natural or juristic.

6. Privacy Within Super Groups

6.1. SkaleChat’s controlled-identity functionality is intended to restrict information made available between ordinary members. It must not be understood as a representation that a user is anonymous to SkaleChat or to the Administrator.

6.2. Depending upon the service and group configuration, SkaleChat may possess identifying and account information concerning a member, and a Super Group Administrator may have access to information not visible to ordinary members.

6.3. You must therefore not assume that participation in a Super Group is anonymous, confidential or incapable of being attributed to you.

6.4. Your personal data is otherwise processed in accordance with the Privacy Policy.

7. Prohibited Conduct

You shall not use SkaleChat:

(a) for any unlawful or fraudulent purpose;
(b) to impersonate another person or falsely represent an affiliation;
(c) to upload, transmit or communicate content which you do not have the right to communicate;
(d) to threaten, harass, stalk or unlawfully intimidate another person;
(e) to transmit obscene, sexually exploitative or otherwise unlawful material;
(f) to infringe intellectual property, privacy, confidentiality or other legal rights;
(g) to distribute malware, malicious code, spam or other harmful material;
(h) to obtain or attempt to obtain another user’s concealed personal or contact information by circumventing the Platform’s technical restrictions;
(i) to gain unauthorised access to an account, system or network;
(j) to scrape, harvest, systematically extract or compile user information without authorisation;
(k) to interfere with the security, operation or integrity of SkaleChat;
(l) to reverse engineer or attempt to derive the source code of the Platform except to the extent expressly permitted by applicable law;
(m) to use automated systems in a manner that places an unreasonable burden upon SkaleChat; or
(n) otherwise in a manner prohibited by applicable law or these Terms.

8. Reporting and Moderation

8.1. Users may report messages, users and groups through the reporting functionality made available by SkaleChat.

8.2. Where content is reported, authorised SkaleChat personnel may inspect the reported content and associated information reasonably necessary to investigate and act upon the report.

8.3. SkaleChat may take such action as it considers appropriate and lawful, including issuing a warning, restricting functionality, removing content, suspending or terminating an account or Super Group, or reporting matters to competent authorities where required by law.

8.4. Moderation does not amount to an undertaking by SkaleChat to monitor every communication transmitted through the Platform.

9. Artificial Intelligence Features

9.1. SkaleChat may provide artificial intelligence-assisted features. Where enabled, these may process messages or other group content for purposes including identifying potential policy violations, identifying possible attempts to bypass an Administrator, preparing summaries or generating notes.

9.2. The availability and operation of such features may depend upon applicable settings, permissions and disclosures presented within the Platform.

9.3. AI-generated outputs may contain errors and must not be treated as professional, legal, financial or other expert advice.

10. Subscriptions and Payments

10.1. Ordinary use of SkaleChat is presently free. A user wishing to create a Super Group must purchase the applicable subscription.

10.2. The price, duration, renewal terms and other material terms of a subscription will be displayed before purchase.

10.3. Purchases made through the mobile applications are presently processed through the applicable Apple App Store or Google Play billing system.

10.4. Subscriptions may consequently also be subject to the payment, cancellation and other applicable terms of the relevant app store.

10.5. If an Administrator cancels a subscription, the relevant Super Group will remain active for 05 (five) days following cancellation, after which access to paid Super Group functionality may cease or be restricted.

10.6. Nothing in these Terms excludes any refund, remedy or other right which cannot lawfully be excluded under applicable consumer law.

11. Refund Policy

11.1. This policy applies to paid subscriptions and other paid services offered by SkaleChat.

11.2. You may cancel your SkaleChat subscription at any time through the applicable subscription management facility provided by the platform through which you purchased the subscription. Cancellation will generally prevent the subscription from renewing for the next billing period. Unless otherwise required by applicable law or determined by the applicable payment platform, cancellation does not automatically entitle you to a refund for the current billing period. You will generally continue to have access to the paid features until the end of the period for which you have already paid.

11.3. Payments for SkaleChat subscriptions are generally non-refundable once a billing period has commenced, except where:

(a) you were charged more than once for the same subscription;
(b) payment was successfully completed but the purchased subscription or applicable paid features were not activated or delivered;
(c) a material technical failure attributable to SkaleChat prevented you from accessing the paid service for a significant portion of the applicable subscription period and the issue could not reasonably be resolved;
(d) the service materially failed to provide the features or benefits expressly represented at the time of purchase;
(e) a refund is required under applicable law; or
(f) SkaleChat, at its sole discretion, determines that a refund is appropriate as a goodwill exception.

11.4. Except where required by applicable law, refunds will generally not be provided solely because:

(a) you did not use the SkaleChat service after purchasing a subscription;
(b) you changed your mind after purchasing the subscription;
(c) you forgot to cancel your subscription before the renewal date;
(d) you no longer require the service;
(e) you were dissatisfied with the service for reasons unrelated to a material failure of the service; or
(f) you failed to review the subscription terms, pricing, billing frequency, or renewal information before making the purchase.

11.5. If you purchase a SkaleChat subscription through the Apple App Store or Google Play, the purchase may also be subject to the applicable platform’s payment, cancellation, and refund policies. Refund requests may be processed by the applicable platform in accordance with its policies and applicable law. SkaleChat may also process or authorize refunds where permitted by the applicable platform and applicable law.

11.6. If you believe that you have been charged more than once for the same subscription or that a payment was processed incorrectly, please contact SkaleChat Support with the relevant transaction details. We will investigate the transaction and, where appropriate, arrange a refund or other suitable resolution.

11.7. Where SkaleChat approves a refund, the refund will generally be made to the original payment method used for the transaction, subject to the capabilities and policies of the applicable payment platform or payment processor. The time required for the refunded amount to appear in your account may depend on the payment provider, bank, card issuer, Apple App Store, Google Play, or other applicable payment service.

11.8. To request a refund or report a billing issue, contact SkaleChat Support through the support channel provided within the SkaleChat application or on the SkaleChat website. Please provide sufficient information to identify the transaction, such as your registered account details, transaction/order ID, date of purchase, and a description of the issue.

12. Intellectual Property

12.1. SkaleChat, including its software, design, interfaces, logos, trade names, graphics and other proprietary material, excluding User Content, is owned by or licensed to SkaleChat and is protected by applicable intellectual property laws.

12.2. Subject to these Terms, SkaleChat grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its intended purpose.

12.3. No provision of these Terms transfers any intellectual property right belonging to SkaleChat to you.

13. Third-Party Services

SkaleChat may depend upon third-party infrastructure and services, including hosting, mobile operating systems, app stores, analytics, diagnostics and other technology providers. Your use of certain functionality may also be subject to terms imposed by those third parties.

14. Availability and Changes

14.1. We may modify, update, discontinue or introduce features where reasonably required for operation, security, legal compliance or development of the Platform.

14.2. We do not warrant uninterrupted or error-free availability of SkaleChat.

14.3. Maintenance, technical failures, internet connectivity, third-party infrastructure or circumstances beyond our reasonable control may affect availability.

15. Suspension and Termination

15.1. You may discontinue use of SkaleChat and may request deletion of your account through the mechanism made available within the Platform.

15.2. We may restrict, suspend or terminate access where reasonably necessary because of:

(a) breach of these Terms;
(b) unlawful use;
(c) security risk;
(d) fraud or abuse;
(e) failure to pay applicable subscription charges; or
(f) compliance with applicable law or a lawful direction of a competent authority.

15.3. Account deletion and retention of personal data following deletion are governed by the Privacy Policy.

16. Disclaimers

16.1. SkaleChat provides communication infrastructure. Except where expressly stated, SkaleChat does not verify or endorse users, Administrators, businesses, goods, services, transactions or representations made through the Platform.

16.2. Users are responsible for deciding whether to communicate or transact with another person and for conducting appropriate due diligence.

16.3. SkaleChat does not guarantee:

(a) completion or performance of any transaction;
(b) payment of any commission or fee;
(c) preservation of any commercial relationship;
(d) that a user will not be contacted independently outside SkaleChat; or
(e) that another user will comply with an agreement or obligation owed to you.

17. Limitation of Liability

SkaleChat shall not be liable for indirect, incidental, special or consequential loss arising from use of the Platform, including loss of profits, commissions, customers, business opportunities, goodwill or data, except where such liability cannot lawfully be excluded or limited.

18. Indemnity

In using this Platform, you agree to indemnify SkaleChat against third-party claims, liabilities, losses and reasonable costs arising directly from your unlawful use of the Platform, your User Content, your infringement of another person’s rights or your material breach of these Terms.

19. Grievance Redressal

19.1. Complaints relating to SkaleChat may be submitted to:

Grievance Officer: Nitin Sharma
Email: support@skalechat.com
Address: C/o Anjana Sharma, Gali no. 4, Uttamnagar, Rewari, Rewari, Rewari- 123401, Haryana, India

19.2. Complaints will be acknowledged and dealt with within the periods prescribed under applicable law.

20. Governing Law and Jurisdiction

20.1. These Terms are governed by the laws of India.

20.2. Subject to any rights or remedies available under mandatory applicable law, the courts at Bangalore Urban District, State of Karnataka shall have jurisdiction in relation to disputes arising out of these Terms.

21. Changes to These Terms

SkaleChat may amend, add, alter, modify or delete any or all of these Terms from time to time. Where required by applicable law, we will notify users of material changes and obtain consent where necessary.

22. Contact

Skalechat Communications Private Limited
C/o Anjana Sharma, Gali No. 4, Uttamnagar, Rewari, Rewari, Rewari – 123401, Haryana, India
Email: support@skalechat.com