Delivery, Cancellation, and Refund

No refund shall be processed once the order has been placed and executed. However, if the user intends to cancel a successfully placed order before execution, the user is required to contact the customer care team within 1 (one) hour of making the payment, whereafter it is totally at the discretion of the website whether to issue a refund.

Any technical delay or glitch reported in the website during the processing of the request shall not be eligible for claiming a refund.

No refund shall be processed for the reason that incorrect information or data has been provided by you. The user agrees to be careful while providing any information to the website and must re-check the information filled before clicking on “Submit”. The user can request for a change in incorrect information or data entered, provided the request for such change has been made with customer care within 1 (one) hour of execution of the service rendered.

Refund on a pro-rata basis may be considered for any delay in the activation of the subscription services.

You agree that the display picture for the products listed for purchase is for reference purposes only. The website will try to deliver the product ordered in an as-is condition as displayed. The user is advised to exercise discretion in such cases, and no refund shall be issued on such grounds.

The refunds, if any, shall be processed after deduction of the following:

• Transaction charges levied by the bank and/or payment gateway
• To & fro shipping/courier charges (if applicable)
• Customs duty (if levied)
• Any other charges incurred during processing or delivering the service

Payment Gateway & Transaction Issues

In case the website or payment gateway’s webpage experiences issues such as 'slow down', 'failure', or 'session timeout', users should:

• Check if their bank account has been debited before making a second payment.
• If debited, avoid making a second payment and contact customer care to confirm.
• If not debited, the user may initiate a fresh transaction.

In case of multiple payments for the same order, a full refund will be issued without deduction of transaction charges. However, the website shall retain the cost of one single order as intended by the user.

Order Cancellation by Website

If the website is unable to accept and must cancel an order, it reserves the right to do so at its sole discretion. This may be due to:

• Non-availability of the service
• Inaccuracy or error in pricing information
• Other technical or operational issues

If an order is canceled after payment, the amount paid will be refunded to the user.

TERMS OF USE OF SERVICES

These Terms of Service (“TOS”) are an electronic document in terms of the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This TOS does not require any physical, electronic or digital signature.

DETAILS OF GRIEVANCE OFFICER

In compliance with the Rule 3(2) of the Information Technology (Intermediary Guidelines & Digital Media Ethics Codes) Rules, 2021 (Intermediary Guidelines 2021), the details of the Grievance Redressal Officer for our Company are as below:

• Name of Company: Flingy.in
• Email Address: contact@flingy.in

LEGALLY BINDING TERMS OF SERVICE

These TOS are a legally binding document between the User/you (“User/You/Your”) and the Company. These TOS apply to any User accessing or using, any services made available by the Company on our App, and to any other related services or applications provided by Us (collectively, the “Services”). The Company provides you with the App and associated customized services which includes providing you with access to content or information about you and others which is created and uploaded or live streamed on our App (referred to as Content) as sought to be accessed by you (hereinafter termed as Services and further defined below).

These ToS govern your access to and use of our Services, which includes the mobile App, SMS, APIs, e-mail notifications, and any Content available on the Services in whichever form and format capable of communication.

By accessing or using or attempting to access or use any Services (including the App) in any manner whatsoever, You agree to be bound by this TOS. If any terms of this TOS conflict with any other document/electronic record, the terms and conditions of this Agreement shall prevail, until further change / modifications are notified by the Company. You may also be subject to such additional terms and conditions while using certain features of the Services, as may be applicable to such features.

Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.

Important:

The use of our Services is entirely at your discretion. Interactions with known or unknown or anonymous persons may have unintended consequences and we strongly urge you to seek mature supervision and advice while using our Services or features. You must exercise caution while using the App and ensure that you are taking steps to ensure your own safety. You have the option to stop using our Services at any time. We are not responsible for any consequences of using our Services or interacting with known or unknown or anonymous persons or sharing financial or non-financial or personal information with them and claim full exemption from liability as a Social Media Intermediary.

The Privacy Policy and any other policies communicated by Us, from time to time, shall be applicable to Your use of the Services and shall be deemed incorporated herein by reference. In the event these TOS or Privacy Policy are not acceptable to you, we request you to desist from accessing, downloading, using the Services in any manner, whatsoever.

We may revise this TOS as well as update the App and Services from time to time. While we will make best efforts to keep you updated, we would also request you to please keep visiting this page regularly to be informed about any updates. Your continued use of the Services following the posting of changes will be deemed as Your acceptance of the revision. If You have any queries or concerns regarding this TOS, please contact our Grievance Officer whose address is stated hereinabove in compliance with Information Technology Act.

OUR SERVICES

We are a Social Media Intermediary that enables audio or video or other digital interactions between Users and Streamers for creation of social bonds, companionship and entertainment, alongwith other associated features involving only online engagements (collectively “Services”).

For the purposes of these Services the term Streamers refers to a specific category of Users who provide Content in which they may present their personal interaction or communication or engagement skills in a live online streaming setting for the sole purpose of entertaining or engaging other Users. Such Users may or may not levy a fee for representing their skills at such rates as they deem fit. Payments are collected by Us on behalf of such Streamers and paid to them after deduction of our service fee.

The Services on the App currently include the following list. These Services may continue to evolve into adjacent and adjunct features may continue to be added.

• Creating and maintaining your own profile and other Content on the App after registration
• Viewing profiles of others (including Streamers) after registration
• Live online social interactions between User & Streamer
• Creating or sharing Content; connecting, following, engaging and communicating with other known, unknown or anonymous profiles (including Streamers), anonymously or otherwise, with or without any payments, as applicable in a live engagement setting
• Sending and receiving comments or information or communication or engagements in audio/video or other digital formats with others Users (including Streamers) on the App who may or may not be known to you or may completely be unknown or may have chosen to not disclose their identity. Such services may be chargeable.
• Subject to applicable laws and these TOS, post content with or without names or user names or identification or by using pseudonyms. You may be required to make payments for such facilities.

Our Services do not include the following:

• Nude or any other unlawful Content. Our App has a No Nudity Policy and any interactions containing identifiable nudity shall be terminated immediately without any refunds or compensation.
• Background verification of Streamers or any other User
• Offline interactions of any nature. Any User, including a Streamer, found to interact offline may be, at our entire discretion, removed from the App or any of our other applications and have all access revoked till such time as deemed necessary. Any monies or other digital goods stored in digital wallets or other forms may also be forfeited and not refunded or disbursed for violation of this important term.
• Sharing of email, phone, name or other information that can identify a person
• Facilitating any forms of introduction between Users, including Streamers
• Streamers are independent contractors and are neither Our employees nor verified by us in any manner. You interact with them at your own risk and cost.
• We do not guarantee that a Streamer will be available to interact with you. Any such decision is solely at the discretion of the Streamer.

Subject to the above, in order to avail our Services you hereby expressly authorise Us to contact other Users, including Streamers, on your behalf and at your cost. Due to the nature of our Services, please be aware that You may give or We may collect information that can specifically identify You or any other individual when you browse the App or use the Service(s).

The use of our Services is entirely at your discretion and you may choose to ignore and not click on any link or SMS or notification that you receive from us and not proceed further.

Interactions with known or unknown persons may have unintended consequences and we strongly urge you to seek adult supervision and advise while using our Services or features. Please conduct diligence before engaging in this feature and act responsibly. You have the option to stop using our Services at any time.

AGE AND RELATED RESTRICTIONS

Before availing of the Services, You must complete the registration process for opening an account as may be prescribed from time to time. You must follow the instructions given on the App for registering Yourself as a User and creating an account (“Account”) on the App.

The Services are intended solely for Users who are above 18 (eighteen) years and above and who satisfy the criteria described in this TOS. You represent and warrant that You: (a) are of legal age to form a binding contract (at least 18 (Eighteen) years old; (b) have not previously been suspended or removed from using our Services;(c) have full power and authority to agree to this TOS; (d) have not committed any criminal offence; and (e) are not prohibited in the jurisdiction applicable to You from availing our Services.

You hereby agree to provide up-to-date, complete and accurate information on Your account. We may occasionally contact you on the phone number provided in your Account registration. If you missed any communications due to an inaccurate, outdated, or incomplete email address, We will not be liable for any losses or damages caused by you missing the communication.

Age Gating

Users below the age of 18 years, including Streamers, (“Minor(s)”) cannot use the App. In accordance with law, we may make inquiries, either directly or through third parties to validate the information provided about Your age. If we are unable to verify the information that you provide, we may: (i) refuse to establish an account; (ii) close the account; (iii) terminate our Services or portion(s) thereof and forfeit any amount.

ACCOUNTS & IDENTIFICATION

We provide you with a free account, however, you are required to be registered with us, to avail full functionalities of our Services.

You are free to choose any username, handle name, display name while registering/creating an Account on our App which will enable You to avail of the Services. When you create your Account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate. You may modify the information provided by you during registering your Account only once.

You must use original and distinct credentials to create an account on our App. Such credentials must not infringe any applicable laws and third-party rights. Username, handle names, display name must not contain derogatory, demeaning or misleading language or messages or identity or images.

Even if you choose to not disclose your name or username or use a pseudonym while posting or sharing Content we may be required by applicable law to provide any data in our possession to law enforcement authorities to comply with lawful requests.

For all intents and purposes User accounts and handles are the property of the Company and have been licensed for use to you in accordance with these Terms. Usernames or handles are the property of the Company and cannot be sold or commercially dealt with in any manner. You are prohibited from buying or selling or exchanging accounts or usernames or handle names or display names for cash or kind or any other value or for no value.

Identity Verification:

We may, in Our discretion and subject to applicable law, require identity verification and other screening procedures with respect to You or the transactions associated with Your User Account. These verification and screening procedures may include, without limitation, checking the information You provide to us. You may be required to provide Us with certain personal information, including, but not limited to, Your name; telephone number; valid identity card, and any other information as may be required from time to time. You hereby authorize Us, directly or through a third party, to make any inquiries We consider necessary to verify Your identity and/or protect against fraud or illegal or suspicious activity, including but not limited to: (a) query identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth); (b) query account information associated with Your linked bank account (e.g., name or account balance); and (c) take action We reasonably deem necessary based on the results of such inquiries and reports.

Responsibility for Account Activities:

You are responsible for safeguarding your account and you agree not to disclose your password to any third party. You will be bound by, and hereby authorize Us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, including payments from bank accounts, provided or taken by anyone who has accessed or used Your User Account regardless of whether the access is authorized or unauthorized.

Upon receipt of written notice from You that the security of Your User Account has been compromised, We will take reasonable steps to protect Your User Account, including, for example, to cease to allow actions initiated using any compromised account passwords, in the event such actions are not already compromised account passwords, in the event such actions are not already completed. We shall, under no circumstance, shall be liable for any loss incurred by You by an unauthorized use of Your User Account.

Given the nature of the App and Services provided, please ensure to keep Your mobile phone safe. You are solely responsible for all activities that occur under Your Account. You should keep your password safe and not disclose Your Account details to any third party or share the Account with any third party. If you think someone has gained access to Your Account, please contact our Grievance Officer immediately.

You will use the Services and Your User Account only for Yourself and not on behalf of, or for the account of, any third party.

CONTENT RELATED RESTRICTIONS

Any Content on our App must be in compliance with the Intermediary Guidelines 2021 issued by the Government of India which are available for download at this link.

A user of the App shall not host, display, upload, modify, publish, transmit, store, update or share on the App, the following information that:

• May be harmful to minors or children, including any sexually explicit, abusive content. We have a zero-tolerance policy against child sexual abuse content; and/or
• depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful,
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify; and/or
• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; and/ or
• is in the nature of an online game that is not verified as a permissible online game; and/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.
• is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; and/ or,
• infringes on any third party’s rights, including copyright, trademark, privacy, and publicity rights, and any other protected subject matter; and/ or,
• may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event; and/ or,
• threatens, harasses, or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide; and/ or,
• depicts content, which is sexually explicit (pornographic or erotic content, including icons, titles, or descriptions), violent in nature, abusive, and grossly harmful,
• is in violation of applicable law.

We do not undertake any obligation to monitor User generated Content, except to the extent required by law. We are an intermediary that enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using our Services.

All the Content that is available on the App is the sole responsibility of the originator of the Content. Your use or reliance on any Content while availing the Services is solely at your own risk. As a User, you may come across Content which you may construe to be offensive, harmful, misleading, inaccurate, or inappropriate. We impress upon you that we may not always monitor or control the Content accessible on the Services, and as an intermediary we cannot assume responsibility for such Content. Please use the reporting features within the App to record your objections or contact the Grie

Delivery, Cancellation, and Refund

No refund shall be processed once the order has been placed and executed. However, if the user intends to cancel a successfully placed order before execution, they must contact customer care within 1 hour of payment. Refunds are at the sole discretion of the website.

Any technical delay or glitch reported in the website during request processing shall not be eligible for a refund.

No refund shall be processed for incorrect information provided by the user. Users should carefully check their information before submitting. Changes can be requested within 1 hour of execution.

Refund on a pro-rata basis may be considered for delays in activating subscription services.

Product display images are for reference only. The website will attempt to deliver as displayed, but refunds shall not be issued for discrepancies.

Refunds, if applicable, shall be processed after deducting transaction charges, shipping costs, customs duties, or any other incurred charges.

In case of payment gateway issues, users should check their bank account status before making another payment. Multiple payments for the same order will be refunded in full, retaining only the cost of a single order.

If the website cancels an order due to non-availability, pricing errors, or other reasons, the user will receive a full refund of the paid amount.

Community Guidelines

Our Apps are a safe space for users to cultivate bonds and obtain companionship and entertainment in a safe online environment. To ensure this purpose is achieved, our App requires users to follow these Community Guidelines along with the Terms of Use.

During your time on the Apps, we request you to treat your interactions with other users as though these were interactions in the real world. The platform comprises many Streamers and users like you, and we would want them to be as comfortable as you in their engagements and conversations on the Apps.

Please do not engage in any activities that are illegal or may put you in a compromising position. Please be aware that engaging with strangers or known or unknown persons in a digital setting is risky. You must not do or say anything that compromises your position. We have a No Nudity Policy and any identifiable nudity during any interaction will be removed or terminated without any compensation or refund.

Adhering to the below-mentioned rules will help us maintain a community that enables the creation of safe and enriching bonds. If you violate any one of these guidelines, appropriate action might be taken, including taking down content, and in extreme circumstances informing authorities, suspension or termination of the account, and forfeiture of money.

1. Hate Speech and Discrimination

Do not post hateful or discriminatory content or images or symbols in the App or in your profile image or profile header or bio. Treat others with dignity and respect and do not post any content that is hateful or contains personal attacks. Discourteous, impolite, rude statements intended to harm others or induce mental stress are prohibited.

2. Religiously Offensive Content

Be respectful to the religious beliefs of others. Do not publish anything hurtful to the sentiments of others or insults their religion or customs and/or causes communal discord. Gods or religious deities, prophets, figureheads, reincarnations, leaders, religious symbols, emblems etc should not be abused or disfigured in any post.

3. Terrorism and Extremism

Do not post content that supports, encourages, or glorifies terrorism or extremism or criminal syndicates or gangs. Do not post content produced by terrorist outfits, criminal organizations, or make references to prominent terrorists, criminal figures, or provide content glorifying acts committed by such personalities, and encourage others to carry out, participate in similar acts of violence.

4. Self-harm and Suicide

Mental health and well-being of our users is one of the most important tenets. While we support users who wish to relate their experiences and learnings on self-harm, suicidal thoughts, depression, or any other mental health concerns, any promotion of suicide or self-harm or content that poses risk to other users is prohibited.

If you believe that a user is at risk, we request that you get in touch with local emergency services available in your area. The Government of India’s Mental Health Rehabilitation Helpline can be reached at 1800-599-0019.

5. Violent Content

Do not post content that threatens, depicts, or glorifies violence, or encourages acts of violence to humans or animals. Do not use our App for direct or indirect threats of physical harm, theft, vandalism, wrongful confinement, bodily, mental or financial harm. Content with imagery of corpses, severed limbs, gory depictions, medical procedures, which may shock or disgust viewers are not permitted.

6. Graphic, Obscene, or Sexual Content

Do not post graphic, obscene, and/or sexual content or content that is obscene, pornographic, or sexually graphic. Our App has a zero-tolerance approach to content that depicts children sexually or contains revenge porn.

7. Cyberbullying

We do not allow users to engage in bullying or harassment. You must not post content that contains personal attacks, abusive language, slangs, or expletives in any language.

8. Invasion of Privacy

Do not publish, share, or encourage the publication of any personal information of another person that invades their privacy.

9. Illegal Activities

Do not engage in any unlawful behavior or illegal activities. This includes buying or selling of narcotics, illegal or prescription drugs, alcohol, tobacco products, psychotropic substances, or any other prohibited items.

10. Identity Theft and Impersonation

Do not impersonate any other person or pose as another person, brand, or organization in a confusing or deceptive manner.

11. Misinformation and Fake News

Always verify information before posting. Do not knowingly share false, misleading, or unverified information.

12. Spamming, Scamming, and Phishing

Do not negatively affect the experiences of other users by spamming, scamming, or phishing.

13. Intellectual Property Infringement

Ensure that content does not belong to another person and that you have the right to post it.

14. Malicious Programs

Do not share content that contains viruses or harmful code.

15. Child Safety

Our App is designed to preserve the safety of minors. Any content that exploits or promotes child sexual exploitation is strictly prohibited.

Reporting Violations

If you see any content in violation of the above, please use our Reporting Form or email us at contact@flingy.in.

MODERATION POLICY

This Moderation Policy governs your use of the Chatting, Audio Call, and Video Call features (collectively “Features“) on our various social media applications (collectively “Applications”).

This Moderation Policy applies to all audio, video, and digital interactions, whether paid or unpaid, on the Applications.

Use of the Features is subject to this Content Moderation Policy, and violations may result in removal of access to the Applications and forfeiture of monies without compensation or refund.

No Active Moderation

Any social interactions occurring through the Features are not monitored as they are private in nature. You acknowledge that you are aware of the unmoderated nature of discussions and that engagement with strangers is risky. However, in the interest of safety, we may periodically use automated or AI-based tools to monitor interactions. An interaction violating our Policies will be terminated without compensation or refunds of any nature.

We do not conduct any background verification of Users or Streamers. Please read and follow the Terms of Service, Community Guidelines, and Privacy Policy while interacting with other Users and Streamers.

No Responsibility and Liability

Flingy is not responsible for the actions of Users or Streamers who use the Features. Such actions are not representative of us or our directors, employees, officers, or investors, and they do not take responsibility for any User or Streamer. We reserve the right to terminate your access to the Platform if you violate this Policy, Terms of Service, Community Guidelines, Privacy Policy, or applicable laws.

Authorization and Compliance with Laws

By using the Features, Users and Streamers represent and warrant that they are authorized and have the legal capacity to use and access the Features. You agree that you will not violate the privacy rights, intellectual property rights, or other rights of any person or entity.

Being Civil

Interactions must be civil and polite and within acceptable boundaries of interaction. Do not engage in behavior that is abusive, illegal, offensive, or unlawful. Do not use language that may be offensive or that invades the privacy of Users or Streamers.

No Stalking or Harassment

Users and Streamers are prohibited from harassing or stalking anyone online or offline. To understand the rules of conduct, please consult our Community Guidelines. We may take legal action if required.

No Sharing

Do not transcribe, record, take screenshots, share, or reproduce information shared on the Features.

No Nudity

Nude or any other similar unlawful content is prohibited on the Applications. Any interactions containing identifiable nudity shall be terminated immediately without any refunds or compensation. We use AI-based tools to detect such conduct, and interactions containing nudity will be immediately terminated without refund or compensation.

Contact Us

If you note any violation of the platform’s Policies, Terms and Conditions, Community Guidelines, or Privacy Policy, please report it to app.soulmateapp@gmail.com.

This policy may be revised at our discretion at any time.

Statement of Compliance under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

Flingy App (hereinafter referred to as “the App”) operates as a Social Media Intermediary under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter the “Rules”). The App has implemented various policies and procedures to comply with these requirements.

Policies and Procedures

The App's Privacy Policy, Terms of Service, and Community Guidelines (collectively “App Policies”) are accessible to users within the app under the Profile tab. The App informs users of any changes to these policies at least once in a calendar year. Additionally, the App notifies users that non-compliance with these policies may result in termination of access or usage rights, or removal of non-compliant information, or both. Notifications regarding such policy enforcement are issued through the Important Notification tab within the App.

Content Regulation

In addition to adhering to the Rules, the App Policies specifically prohibit users from publishing content that:

• Is invasive of another’s bodily privacy or harmful or harassing on the basis of gender, particularly targeting children.
• Is patently false or misleading but appears factual.
• Impersonates another person with the intention to deceive, or is intended to cause injury, wrongful loss or harassment, wrongful gain, or fraud.
• Threatens the unity, integrity, defense, security, or sovereignty of India.
• Violates any applicable law.

The App endeavors to use technology-based measures, including automated tools, to proactively identify and remove content that falls into these prohibited categories. The App maintains a strict No Nudity Policy, and any content containing nudity is immediately removed or access to it is terminated.

Legal Compliance

Orders issued by a competent court or an authorized government agency for content takedown or related actions are to be addressed to the Resident Grievance Officer at app.soulmateapp@gmail.com. The App commits to removing or disabling access to any content deemed unlawful or prohibited under these orders within 36 hours of receiving such a directive.

When a written order from a lawfully authorized government agency is received, clearly stating the purpose for the information request, the App will provide the required information or assistance that it controls or possesses within 72 hours.

Data Retention

In compliance with the Rules:

• Registration information from a user will be retained by the App for a period of 180 days from the date of cancellation or withdrawal of registration.
• Information that has been removed or access to which has been disabled will be retained for 180 days for investigation purposes or for such longer period as may be required by the court or authorized government agencies.

Grievance Redressal

The App's mechanism for handling grievances is detailed in the section titled "App Process for Grievance Redressal."

Compliance with Legal Orders

Upon receipt of a court order or directive from a competent authority under the Rules, the App may facilitate the identification of the first originator of the information in question.

This version focuses on the application itself, ensuring compliance with the IT Rules while maintaining general legality and user responsibility aspects within the framework set by the IT Rules.