These Terms and Conditions are a legal and binding Agreement between Fromable Ventures Private Limited (hereinafter referred to as “YoSsup/ Application/ App/ We/ Our/ Us” ) and the User (hereinafter referred to as “Users/ You/ Your/ Yourself) regarding the usage of the YoSsup services.

1. 1. ABOUT
      YoSsup is a location-based people-discovery and messaging Application. To access the Application, Users are required to create a profile by granting access to their camera, taking a picture of their face (“Selfie”) and permitting real-time geographical location access. YoSsup will then display the profiles of other nearby Users who are online and allow the usage of a multi-media messaging function. (Collectively the “Services”).

      These Terms of Use shall form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Application.

      YoSsup may offer additional services or revise any of the services, at its sole discretion at any future date in which case these Terms and Conditions shall apply to all additional services or revised services. All rights to cease offering any of the services on the Application are reserved with YoSsup.

   2. ELIGIBILITY
      Users must be at least 18 years of age to use the Application. By creating a profile and signing in on YoSsup, the User represents and warrants that he/ she is a minimum of 18 years old. Users further warrant that they shall comply with these Terms and shall not use the Application if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force. By agreeing to the Terms and Conditions, Users hereby authorize YoSsup (and its third-party authentication agency) to conduct verification checks.
   3. USERS’ CONTENT
      Your Profile Picture/ Selfie will be visible to other nearby online Users of YoSsup. The text, pictures and voice messages you send on the chat bar will be visible only to the receiving User. If You choose to reveal any personal information about Yourself to other Users, whether via messaging within the Application or email or otherwise, it is at Your own discretion. You may terminate Your use of YoSsup at any time which deletes all provided content. You do not have any rights concerning other Users’ information, and You may only use received Users’ personal information to the extent it matches YoSsup’s purpose of allowing people to see one another online inside the Application. You may not use received Users’ information for commercial purposes, to spam, harass, stalk or make unlawful threats. YoSsup is entitled to suspend or terminate Your Account at its sole discretion if You share content or part thereof that is found to be untrue/ inaccurate/ misleading/ derogatory/ offensive/ vulgar or if You misuse other Users’ information.
   4. PRIVACY
      For information about how YoSsup collects, uses, and shares your personal data, please check out our Privacy Policy.
   5. PAYMENT
      YoSsup may offer paid content, services or features on our Application. For making all payments for purchases or subscriptions, you shall be required to make a payment for which you will be redirected to a third-party payment gateway. The payment gateway may additionally seek information from you to process the payment for Your purchase and may charge You the applicable charges.
   6. INDEMNITY & LIMITATION OF LIABILITY
      You agree to indemnify, defend and hold Us harmless, and our respective directors, officers, employees, associates, agents, and other representatives (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of or result from or may be payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of use. Further, You agree to hold us harmless against any claims made by any third party due to or arising out of, or in connection with:
      
      1. Your use of the Application;
      2. Your violation of these Terms;
      3. Your violation of any rights of another;
      4. Your alleged improper conduct according to these Terms of use;
      5. Your conduct in connection with the Application;

      You agree to fully cooperate in indemnifying us at Your expense. You also agree not to settle with any party without our consent.

      In no event shall we be liable to compensate You or any third party for any special, incidental, direct, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Application and/or the services contained therein.

      Users are aware that they carry all risks associated with online or offline interactions with other people. Users agree that they must use their own judgement and take necessary precautions at all times when they use YoSsup to interact with or meet other people.

      We strongly recommend that Users DON’T follow unknown URLs shared on the chat bar, DON’T share their personal or financial or other sensitive information and ONLY prefer to meet with other Users during daylight hours AND in public places.

      Users are advised to block and afterwards report other Users who request money or financial or other sensitive personal information, use fraudulent profiles, send offensive messages or violate these Terms of service by acting in an inappropriate way both on YoSsup and in person.

      We take no liability towards the interaction, real-life meet-up, or online or offline interactions between the Users. Users are solely responsible for verifying the identity of those with whom they interact or meet. YoSsup shall not be held liable for any acts or problems of any type which have been committed or caused by Users and/or former Users when such events occur following the use of the Application.

      YoSsup won’t be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of Your access to or use of the app, website, our content, or any member content, however, caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.

   7. COMMUNICATION
      

      You can report to support@yossup.com  if You find any discrepancy with regards to Application or content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues are found) shall be dependent on the time taken for investigation.

   8. INTELLECTUAL PROPERTY RIGHTS
      

      Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, and domain names, including material, designs, and graphics created by and developed by YoSsup and other distinctive brand features of YoSsup are the property of the YoSsup or the respective copyright or trademark owner. Furthermore, concerning the Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Application.

      You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators.

   9. FORCE MAJEURE
      

      We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

   10. DISPUTE RESOLUTION AND JURISDICTION
       

       It is expressly agreed by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. 

       Arbitration: If the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All costs of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Ahmedabad, Gujarat, India. 

       You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

   11.  MISCELLANEOUS PROVISIONS
       
       1. Waiver: The failure of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
       2. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
       3. Contact Us: If you have any questions about these Terms of Service or the Privacy Policy, the practices of the Application, or your experience, you can contact us at support@yossup.com  or by writing to us at M/s Fromable Ventures Private Limited, C-802, The First, Vastrapur, Ahmedabad – 380015, Gujarat, India

        

Updated as of the 30th of November, 2022