Terms of Service
Welcome to LetsChat!
ABOUT LETSCHAT
The Platform LETSCHAT is owned, managed, and operated by DATASAGE, a partnership firm under the (Indian) Companies Act, 2013.
LetsChat Features: LetsChat is a service that facilitates real-time voice communication between individuals, enabling meaningful connections through seamless voice chat functionality. The platform offers a streamlined and user-friendly experience, prioritizing efficient communication and engagement. It is designed to connect people directly via voice, fostering authentic and immediate interactions.
Content: Any material created by a Creator on the Platform, including LetsChat Features, is referred to as “Content.”
Creation of Content: Users can create Content, either written, live-streamed or pre-recorded, in a more organized and systematic manner using the Platform. The Platform provides additional features beyond content creation, such as integration with third-party payment processors.
LetsChat Services/Services: The facilitation of Content creation, along with all features and services offered on the Platform, shall collectively be referred to as “LetsChat Services” or “Services” under this Agreement.
It is important to acknowledge that the LetsChat Platform operates solely as a service provider and does not engage in content creation or function as an educational institution.
These Terms of Service define the rules and guidelines for using LetsChat’s website and mobile application, accessible at www.letschat.in
By using LetsChat’s website or mobile application, You agree to these Terms of Service. If You do not agree to comply with these Terms of Service, please refrain from using the Platform.
1.1- These Terms of Service (hereinafter referred to as “Agreement”) represent a contract between You and LetsChat, a partnership firm, with its registered address at A202 Peacock Palace CHS, Yervada, block 10, Joggers Park Kalyani Nagar, Pune 411006, Maharashtra.
1.2- This document outlines the terms and conditions governing the use of domains. All associated features, subdomains, content, functionality, services, media, applications, discussion forums, and solutions offered through the Site (collectively referred to as the “Platform”).
1.3- These terms apply to individuals creating content on the Platform (“Creators”) and those using the Platform (“Subscribers”), collectively referred to as “You,” “Your,” or “User(s).” Unless otherwise specified, “You,” “Your,” or “User” refers to the individual using the Platform or any legal entity represented by an authorized employee or agent, including all Creators and Subscribers.
1.4- These terms and conditions, together with the Privacy Policy, Platform Guidelines, Content & Creation Guidelines, and Data Processing Agreement (collectively referred to as the “Agreement”), govern the relationship and responsibilities between You and LetsChat concerning the use of the Platform.
1.5- References to “LetsChat,” “we,” “us,” and “our” mean LetsChat, incorporated in India. Please review this Agreement and all other rules and policies available or published on the Platform, as they govern Your use of the Platform and its services. Updated versions of these policies and terms will periodically be made available on the Platform to help You understand how we manage Your personal information. Notification of updated or modified versions of the policies will be sent to You via email and/or displayed on the Platform seven (7) days before becoming effective.
1.6- Your continued access to or use of the Platform signifies Your acknowledgment that You have read, understood, and explicitly agree to be bound by this Agreement, including all terms, conditions, and notices contained herein. Whether You access the LetsChat Platform as a visitor, Creator offering Your services, courses, or products, or as a Subscriber, Your usage will constitute acceptance of this Agreement.
1.7- If You do not agree with these terms or do not wish to be bound by them, please refrain from using the Platform. By entering into this Agreement, You represent and warrant that You possess the authority to do so and that entering into this Agreement does not violate any other agreements to which You are a party.
1.8- Our website and services may only be used within the scope defined by these terms and applicable law.
1.9- You are solely responsible for ensuring that Your use of our website and services does not violate any laws, regulations, or third-party rights.
1.10- Access to the Platform is conditional. Therefore, You must read this Agreement carefully and ensure that You fully understand it. If You have any questions or concerns regarding the terms, please contact us. If You do not accept any provision or part of the provision within this Agreement, You may not access the services or products offered by Creators on the Platform.
2.1- To access and use the Platform, along with any products or Services provided by the Creators, You are required to register and create an account on the Platform.
2.2- By creating an account, You consent to and represent that the information provided during registration is complete, accurate, truthful, and meets the eligibility criteria established by the Platform. You agree to promptly update and rectify any information whenever changes or corrections are needed.
2.3- Registration and account creation on LetsChat are free for both Creators and Subscribers. LetsChat does not charge any fees to Users for accessing the Platform.
2.4- The User is solely responsible for all activities conducted through their account. We reserve the right to disable any username, password, or other identifier, whether selected by You or assigned by Us, at our discretion, if we determine that You have violated any terms of this Agreement or applicable laws.
2.5- Users are advised to familiarize themselves with the Content and Platform Conduct Guidelines.
Information Collected for Registration and Account Creation2.6- Creator: Creators are required to provide Personal Data, including their name, email address, and mobile number. You will need to create a unique username and password for Your Account and provide a brief bio or description about Yourself. You may also upload a photograph and/or share links to Your social media accounts, YouTube channels, websites, or blogs to enhance Your brand presence.
2.7- Subscriber: Subscribers must provide their name, phone number, Instagram username, and email address.
2.8- Users are encouraged to review the Privacy Policy of LetsChat to understand how their Personal Data and information are handled. You warrant that the information provided during registration is accurate and complete, that You meet the eligibility criteria for using the Platform, and that You will update Your registration information if changes occur.
Age Restriction2.9- You must be at least 18 years old to sign up, access, and use the Platform. You agree to provide Your explicit Consent upon signing up. Individuals under the age of 13 are strictly prohibited from registering or accessing the Platform.
2.10- If You are between 13 and 18 years of age, You must have the permission of Your parent or legal guardian. Parents or guardians allowing minors to use the Platform agree to be bound by this Agreement and are responsible for their child’s activity on the Platform.
Compatible Devices2.11. Users may access the Platform to create, publish, or view Content using personal devices such as computers, mobile phones, portable media players, or other electronic devices that meet the compatibility requirements set by the Platform (“Supported or Compatible Device”). It is the User’s responsibility to maintain a supported or compatible device and software to ensure continued access to the Platform.
2.12. Requirements for supported or compatible devices may be updated periodically. Users are responsible for updating their devices and software to align with these changes. In certain cases, a device or software may cease to be compatible for reasons unrelated to the Platform.
Passwords and Security2.13. Users acknowledge that their Account is personal and agree not to share their login credentials or passwords with others, including other Users or entities.
2.14. Account credentials and passwords must be kept confidential. Users are expected to take reasonable measures to secure their passwords and prevent unauthorized access to their Accounts. This includes exercising caution when accessing the Platform via public, shared, or unknown devices to avoid the detection or misuse of login credentials.
2.15. If Your password becomes known to others or Your Account is accessed without authorization, You must immediately change Your password. If You are unable to update the password or regain access to Your Account, please contact Us immediately so We can take appropriate actions to secure Your Account and prevent further unauthorized access.
Payments2.16. For Subscribers: To ensure a smooth and user-friendly payment experience, We utilize third-party payment processors to manage transactions related to products, services, or other content purchased on the Platform. Specifically, We use cashfree, Paytm and PhonePe for Subscribers in India.
2.17. For Creators: Payouts to Creators are processed through Cashfree.
2.18. Third-Party Payment Processors: It is essential to understand that Paytm, PhonePe, and Cashfree are independent third-party service providers. These providers may charge fees for their services and may require Your Personal Data to process transactions. We strongly recommend reviewing the terms of service, Privacy Policy, and other relevant policies of Paytm, PhonePe, and Cashfree to understand their data management practices. LetsChat is not affiliated with Paytm, PhonePe, or Cashfree, and none of these entities act as agents or employees of each other.
2.19. When purchasing products or services through the Platform, Users may be redirected to external websites operated by Paytm or PhonePe. In such cases, We cannot:
2.20. Guarantee the adequacy of the privacy and security practices of Paytm and PhonePe or the content provided on their websites, or
2.21. Control the collection or use of Your personal information by these providers.
2.22. You agree that You are solely responsible for all charges incurred through Paytm, PhonePe, and Cashfree.
2.23. LetsChat shall not be liable for any claims arising from acts or omissions by Paytm, PhonePe, or Cashfree, including but not limited to lost, stolen, or incorrectly processed payments. LetsChat expressly disclaims any responsibility for services provided by Paytm, PhonePe, and Cashfree.
3.1. Creators must categorize the Content uploaded on the Platform according to (a) Context, (b) Theme, (c) Tone and Impact on the audience, and (d) Target Audience. These categories must comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021.
3.2. Content must include clear age-specific categorization. Creators must not upload any Content (including images, courses, text, or videos) that promotes, depicts, or endorses nudity, sexual abuse, pornography, pedophilia, necrophilia, child pornography, human or sex trafficking, cult ideologies, drug or alcohol abuse/addiction, racial or communal hatred, violence, or self-harm behavior. Creators are solely responsible for the content they upload on the platform and by accepting these terms and/or creating a profile on LETSCHAT user gives full indemnity to DATASAGE and DATASAGE should not be held liable for any misconduct and/or malicious intent on creators part.
3.3. Subscribers must also adhere to the Platform’s guidelines by avoiding interaction with and promptly reporting any Content that violates the Platform’s code, policies, or applicable laws. Subscribers must not post, comment, or incite behavior that contravenes these guidelines.
Creator Accounts3.4.Upon successful registration, Creators are assigned a sub-domain based on the information provided during registration.
License to Creators3.5. As a Creator on LetsChat, You retain ownership rights to Your Content. However, You grant Us and other Users certain rights as outlined in this Agreement.
3.6. LetsChat grants Creators a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for personal and commercial purposes in compliance with this Agreement.
3.7. Unless explicitly permitted under this Agreement or with written consent, You shall not reproduce, duplicate, copy, sell, redistribute, create derivative works, or exploit any portion of the Platform, including intellectual property rights and other proprietary information.
Processing of Personal Information by Creators3.8. LetsChat’s Data Processing Agreement (“DPA”) is an essential part of this Agreement and defines the obligations of both Creators (as Data Processors and Data Fiduciaries) and LetsChat (as Data Fiduciaries) regarding the handling of personal information.
3.9. Creators are responsible for safeguarding all Personal Data they receive from or provide to LetsChat in connection with their use of the Platform or any Services.
3.10. Creators agree to comply with the terms of the DPA as applicable.
3.11. In addition to adhering to the DPA, Creators must provide a suitable privacy notice to their Subscribers, respect their privacy rights in accordance with applicable data protection laws, and facilitate access to or deletion of Subscribers’ Personal Data or any other personally identifiable information upon request received by Our Data Protection Officer or as required by law.
Creator Fee3.12. LetsChat affirms that Creators have full autonomy to determine the pricing of the Content they offer (“Creator Fee”). Creators are solely responsible for setting the prices for their Content on the Platform at their discretion. LetsChat does not assume responsibility for the pricing decisions made by Creators.
3.13. Subscribers are required to pay the Creator Fee set by the Creator to access the Content and Services offered on the Platform.
Platform Service Charge3.14. We charge Creators, who create and publish Content on Our Platform, a percentage of the Creator Fee set by the Creator for providing access to the Platform and its features. This fee is referred to as the “Platform Service Charge.”
3.15. The Platform Service Charge is inclusive of GST for Non-GST Registered Creators and exclusive of GST for GST Registered Creators.
Payments3.16. We recommend that You periodically review the terms of Paytm, PhonePe, and Cashfree to fully understand any charges they may levy in the form of service fees for each transaction. By using these third-party payment service providers, You agree to be governed by their respective Terms and Conditions, Privacy Policies, and other relevant policies.
3.17. For Your transactions, You are solely responsible for all applicable taxes, costs, filings, and any other obligations that may arise from the sale of Your Content through the Platform. LetsChat does not collect, pay, remit, or settle taxes on Your behalf for Content sold via the Platform.
3.18. We will deduct a six (6) percent equalization levy from payments made to Creators based outside of India or Creators residing in foreign countries for online advertising services provided to LetsChat.
3.19. Creators have the sole discretion to set the Creator Fee for their Content on the Platform without any input from LetsChat. Creators are required to adhere to the refund policy, Terms of Use, and Content and Platform Guidelines.
3.20. LetsChat assumes no responsibility for accepting or rejecting Content enrollments in the event of payment issues. Creators agree that if payments are processed through Paytm, PhonePe, or Cashfree, such processing authorizes LetsChat to deliver the Content materials to Subscribers through the Platform.
3.21. LetsChat is not a party to third-party service providers, such as Paytm, PhonePe, or Cashfree, during the authorization process and is not responsible for authorizing credit card charges through these providers.
3.22. General guidelines for payment invoices:
1. The name of the Subscriber and the nature of the purchased Content must be specified in the invoice. 2. Invoices issued to Subscribers through LetsChat will indicate that the Creator is the supplier of the Content. Creators Based in India3.23. For Creators based in India, GST is applicable once they exceed the threshold exemption (i.e., a turnover of Rs. 20 Lacs or Rs. 10 Lacs in the case of special category states). Such Creators are required to register with the GST authorities, charge the prescribed GST from their users, and remit the same to the GST authorities.
3.24. You agree to comply with GST rules and guidelines and release LetsChat from any liability arising from GST-related obligations.
Non-Furnishing of GST Registration Certificate by Indian Creator(s)3.25. In the event that You fail to provide a GST Registration Certificate to LetsChat after exceeding the threshold exemption on the Platform, the following will occur:
- LetsChat will initiate the collection of eighteen (18) percent GST, issue invoices to Subscribers on Your behalf, and remit the collected GST to the appropriate authorities. - Billing: LetsChat will generate GST invoices to Subscribers for the full Creator Fee. The Creator, in turn, will issue an invoice to LetsChat for an amount calculated as follows: - Creator Fee – Platform Service Charge = Creator’s Invoice to LetsChat3.26. Once You submit Your GST Registration Certificate to LetsChat, You can resume generating invoices directly for your customers as usual. LetsChat will then issue an invoice to You solely for the Platform Service Charge.
________________________________________4.1. After successfully registering on the Platform, Subscribers will gain access to the Platform. Subscribers can view their dashboard, which displays all the Content and subscriptions they have enrolled in or expressed interest in during registration.
License to Subscribers4.2. LetsChat grants Subscribers a limited, non-exclusive license to access and use the Platform for personal use only.
4.3. This license does not permit You to assign or sublicense the rights granted under this Agreement to any other individual or legal entity.
4.4. Unless explicitly permitted by LetsChat through this Agreement or otherwise in writing, You are prohibited from reproducing, duplicating, copying, selling, redistributing, creating derivative works, or exploiting any part of the Platform, including its intellectual property and proprietary information.
Digital Content and Virtual Products4.5. You are not obligated to purchase or use any product or service offered by a Creator. Your access to or enrollment in any Content is subject to the terms and conditions set by the respective Creator(s) and remains at their sole discretion. Should you face any issues, please contact the Creator directly for resolution.
4.6. LetsChat and its Platform are based in India. You agree to comply with all applicable laws concerning the viewing or accessing of any Content or Virtual Products, including those pertaining to foreign jurisdictions and other content-related regulations.
4.7. If You access or download any Content or Virtual Products, You affirm that You are not located in a country where such Content or Products are prohibited, nor are You a person or entity restricted from accessing such materials. You are solely responsible for adhering to the laws of Your local jurisdiction and any other applicable regulations regarding the use, access, or viewing of the Content.
Payments4.8. The Subscriber will incur a Creator Fee upon subscribing to a Creator’s Content or other subscriptions. Such payments will be processed through third-party providers such as Paytm, PhonePe, or Cashfree, as applicable.
4.9. We recommend that You carefully review the Terms and Conditions of Paytm, PhonePe, and Cashfree. Understanding the provisions of their Terms regarding taxes and other charges is essential when utilizing these third-party services.
4.10. LetsChat functions solely as an intermediary between the Creator and the Subscriber. We facilitate payment transactions between You and the Creator but are not responsible for the Creator’s Content, the Creator Fee(s), payment processing, or refunds.
4.11. When providing payment information, You confirm that the details are accurate, You are authorized to use the chosen payment method, and You will notify us of any changes to this information. We reserve the right to use third-party card updating services to ensure the accuracy of card expiration dates.
Cancellation of Products and Subscriptions4.12. If You decide to cancel a subscription to a Creator or any product/Content purchased from a Creator, You may contact us via email at datasage.in@gmail.com
i. Digital Products or Services: By purchasing digital products or services or accessing paid Content, You Consent to their delivery. ii. Subscription to Creator Website or Content: You may cancel a subscription to a Creator’s website or Content at any time. Following cancellation, access to previously purchased or subscribed Content will remain available until its expiration date.5.1. To access and utilize certain features of LetsChat, a high-speed Internet connection and/or specific browser requirements may be necessary. It is Your responsibility to review and meet these requirements to use the Platform effectively.
5.2. If You access the Platform through a mobile network, Your network or roaming provider’s data rates and fees will apply.
App Permissions5.3. By using the LetsChat App, You may grant certain permissions for Your device and/or accounts. Mobile platforms often provide details on these permissions and how to modify them, if applicable. By downloading, installing, or using the LetsChat App, You agree to receive automatic software updates as they become available.
6.1. Removal of Offensive Links The Platform retains the authority to remove any links or content that:
(a) Violate Indian laws, including but not limited to those related to obscenity, defamation, hate speech, national security, and intellectual property; (b) Contravene the Platform’s community guidelines or terms of use; or (c) Are reported by Users or Authorities as potentially offensive or illegal.6.1.1. Such content may be removed without prior notice, and appropriate actions may be taken against the user’s account. Users are encouraged to report offensive links. The Platform will promptly review reports and cooperate with law enforcement when required.
6.2. Communication Regarding Subscriptions
The Platform enables Subscriptions to facilitate communication between you, Creators, and other Subscribers. LetsChat does not specifically monitor these Subscriptions but reserves the right to terminate or suspend access if complaints of misconduct are received or if deemed necessary. You acknowledge that User Content, including chats and postings, is neither endorsed nor controlled by LetsChat. You bear sole responsibility for the content you publish, including its legality, reliability, accuracy, and appropriateness. You also confirm that you have the rights or licenses to use and share any content you upload.6.3. Data Accessibility
We ensure that your personal information and data, including subscription discussions, are accessible only in compliance with the terms of our Privacy Policy.6.4. User Responsibility
LetsChat disclaims all liability for activities conducted on the Platform. Users are accountable for the information they share and the actions of others they engage with. By using the Platform, you agree to adhere to the restrictions and terms outlined in this Agreement.6.5. Content Availability and Transactions
You agree and acknowledge that the Platform allows: • Creators to offer their Content for sale to Subscribers at any specified price, accessible at any time and from any location; and • Subscribers to purchase Content offered by Creators. LetsChat acts solely as a facilitator and does not participate in or control transactions on the Platform. Consequently, any sale of Content or products via the Platform constitutes a direct agreement between the Creator and Subscriber.7.1. You acknowledge that the platform, content, and all materials are provided on an “as is” and “as available” basis. Your use of the platform is entirely at your own risk. To the maximum extent permitted by law, LetsChat, its officers, directors, employees, and agents disclaim and exclude all warranties, express or implied, relating to the platform and your use of it.
7.2. To the fullest extent permitted by law, LetsChat disclaims all warranties, conditions, terms, or representations regarding:
• The accuracy, security, reliability, quality, availability, or completeness of the platform, user content, or any linked content; and • Liability for any (i) errors, mistakes, or inaccuracies of user content or any other content on the platform; (ii) personal injury or property damage resulting from your access to and use of the platform; (iii) unauthorized access to or use of our servers and/or any personal information and/or financial information stored therein; (iv) interruption or cessation of transmission to or from the platform; (v) bugs, viruses, trojan horses, or other harmful components transmitted through the platform by a third party; and/or (vi) errors or omissions in any user content or any other content or for any loss or damage arising from the use of user content or any other content posted, emailed, transmitted, or otherwise made available via the platform.7.3. LetsChat does not guarantee, endorse, warrant, or assume responsibility for any user content or services advertised or offered by third parties through the platform or via hyperlinked services, banners, or other forms of advertising. LetsChat will not be a party to or responsible for monitoring any transactions between you and third-party providers of user content or services.
7.4. As with the purchase of any service or product through any medium, you should exercise caution and use your best judgment.
8.1. To the fullest extent permitted by law, in no event shall LetsChat, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, exemplary, special, punitive, or consequential damages or losses arising out of, resulting from, or in connection with your use, or inability to use, the platform, any content on the platform, or such other services or items obtained through the platform. This includes, but is not limited to:
• Errors, mistakes, or inaccuracies in user content or any other content available on the platform. • Personal injury or property damage of any nature resulting from your access to and use of the platform. • Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein. • Interruptions or cessation of transmission to or from the platform. • Bugs, viruses, trojan horses, or similar harmful elements transmitted to or through the platform by any third party. • Errors or omissions in any user content or any other content, or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not LetsChat has been advised of the possibility of such damages.8.2. You specifically acknowledge that LetsChat is not liable for user content or the defamatory, offensive, or illegal conduct of any third party, and the risk of harm or damage from such actions rests entirely with you.
8.3. This provision applies to any claim, regardless of whether the claim is based on warranty, contract, or any other legal regulation or theory.
8.4. The platform is controlled and offered free of charge by LetsChat from its facilities in India. LetsChat makes no representations that the platform is appropriate or available for use in other locations. Those who access or use the platform from other jurisdictions do so at their own discretion and are responsible for compliance with local laws.
9.1. By uploading your content on the platform, you agree to the following terms:
i) Responsibility and Ownership: You are solely responsible for your content, and you own or otherwise control all rights to it. Your content does not infringe upon the intellectual property rights of others, and you have obtained all necessary rights and licenses from third parties who may own your content or any part thereof. ii) Lawful Content: The content you make available on the platform must be lawful and must not incite violations of applicable laws. You respect the rights of fellow users and must not violate their privacy. iii) Content-Type: The content uploaded must not be misleading, fraudulent, harmful, abusive, deceptive, obscene, or otherwise inappropriate. iv) Impersonation: The content must not be created with the intent to illegally impersonate or defame any individual or legal entity, living or deceased. v) Compliance with Policies: Your content must adhere to all applicable policies or guidelines of LetsChat, including this agreement. By uploading content, you acknowledge that you have read, understood, and accepted all of LetsChat’s policies and guidelines. Neither you nor your content should cause distress or harm to any person or entity, and your content must not be defamatory. vi) Sole Discretion to Upload: You upload your content to the platform at your sole discretion, and LetsChat does not certify or approve the content before it is made available on the platform. vii) Grant of Rights: To facilitate the delivery of services, you grant LetsChat a non-exclusive, royalty-free, transferable, and sublicensable license to: • Use, copy, distribute, retain, and transmit your content as well as technical information collected via the platform. • Perform our obligations under this agreement. • Provide, monitor, correct, and improve the platform and related services. • De-identify user data to ensure it cannot reasonably be used to identify any individual user as the source of such data. • Aggregate user data with other data. • Comply with applicable laws.9.2. Refer to our Platform and Content Guidelines for further information and clarification.
Claims Against User Content9.3. Users will have access to content, links to websites, and services provided through the platform.
9.4. You acknowledge and agree that the use of any content or material provided on this platform or third-party websites is at your own risk. LetsChat does not actively monitor, control, warrant, or make any representations regarding the accuracy, completeness, or usefulness of any content or material provided by users on the platform. LetsChat accepts no responsibility for reviewing changes or updates to, or the quality, policies, nature, or reliability of such content or material. However, any content that violates our Content Guidelines will not be tolerated on our platform.
9.5. LetsChat disclaims all liability and responsibility for any reliance placed on such materials by you.
9.6. All statements and opinions expressed in these materials, including articles, responses to questions, and other content, except for the company's own content, are solely the responsibility of the individual or entity providing those materials.
9.7. You are encouraged to review the applicable terms and policies, including privacy and data collection practices, of any third party and conduct any investigations you deem necessary or appropriate before engaging in any transaction with a third party.
10.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless LetsChat, its parent company, affiliates, subsidiaries, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:
• Your use of or access to the platform. • Your violation of any provision of these Terms of Use. • Your infringement or violation of any third-party rights, including but not limited to intellectual property, publicity, confidentiality, property, or privacy rights. • Your violation of any applicable laws, rules, or regulations. • Any content or material you submit, post, transmit, or otherwise make available through the platform. • Any misrepresentation made by you. • Any claim that your actions or content caused damage to a third party. 10.2. You agree to cooperate fully with the indemnified parties in the defense of any claim subject to indemnification under this section. LetsChat reserves the right, at its own expense, to assume the exclusive defense and control 10.3. of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with LetsChat in asserting any available defenses. LetsChat's exercise of its right to assume the defense and control of any matter shall not be construed as an admission of fault or liability.10.4. For the purposes of this agreement, “loss” shall include, but is not limited to:
• Reasonable legal fees and disbursements. • Costs of investigation, litigation, settlement, and judgment. • Interest and penalties. • Any amounts paid to third parties. • Any other out-of-pocket expenses incurred in connection with the indemnification event.10.5. This defense and indemnification obligation will survive the termination of this agreement and your use of the platform. Nothing in this section limits any other remedies available to LetsChat under applicable law or otherwise.
11.1. LetsChat retains ownership of all information and materials in the same form or medium as provided or communicated to you by or on behalf of LetsChat. This includes, but is not limited to, the platform, illustrations, letters, images, ideas, concepts, layout, design, flow, look and feel of the platform, logos, marks, graphics, audio files, video files, software owned by or licensed to LetsChat, underlying source and object code, instructions embedded in digital documents, and other data or material made available to you by LetsChat (“LetsChat Content”).
11.2. You are not permitted to modify LetsChat Content, including its trademarks, in any way. You acknowledge and agree that your use of the platform does not grant you any ownership rights to LetsChat Content or the platform.
11.3. You also acknowledge that LetsChat Content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of LetsChat Content or any part thereof is strictly prohibited.
________________________________________ Feedback11.5. If creators and their subscribers (collectively referred to as “Users”) submit suggestions, ideas, comments, or questions containing product feedback about or posted through the platform, the users grant LetsChat and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such feedback in any form.
11.6. Users shall acquire no intellectual property rights in the platform as a result of LetsChat’s incorporation of such feedback into the platform.
________________________________________ User Content11.7. You remain the sole owner of the content you upload to the platform. LetsChat does not and will not claim ownership over any content uploaded by you to the platform.
________________________________________ Copyright Complaint and Takedown Policy11.8. Copyright infringement notices will be accepted in the language in which this agreement is provided. LetsChat will respond promptly to claims of copyright infringement related to LetsChat Features or LetsChat Content. These claims should be reported to the designated Intellectual Property (IP) agent, in accordance with Indian Intellectual Property Right laws, judicial orders, or other applicable legislation.
11.9. For the notification to be effective, it must follow the format specified in the guidelines provided.
Counter-Notice11.10. We may notify you if certain material is removed or access to it is disabled by sending a general notice or an email to the content owner.
11.11. If you believe the removed or disabled content does not infringe any copyright, or you have proper authorization from the original owner, intellectual property (IP) owner(s), or the law to use and upload such content, you may submit a written counter-notice. The counter-notice must include the details outlined in the format provided below.
11.12. Upon receiving a valid counter-notice, LetsChat will forward a copy of it to the original complainant, informing them that the removed content may be restored, or the disabling action may be lifted.
11.13. If the original complainant does not file legal action seeking a court order against the content provider, member, or user, LetsChat reserves the right to reinstate the removed content or restore access to it within 10 to 14 business days from the receipt of the counter-notice, at its sole discretion.
11.14. For the counter-notice to be effective, it must follow the prescribed format.
11.15. Repeat Infringer Policy
In accordance with Indian IPR legislation and other applicable laws, LetsChat reserves the right to take the following actions in appropriate circumstances and at its sole discretion: • Terminate the accounts of users identified as “repeat infringers.” • Restrict access to the platform. • Terminate user accounts involved, directly or indirectly, in the infringement of intellectual property rights, even if it is not a case of repeat infringement. Trademarks11.16. For the purposes of this Agreement, the term "Trademark(s)" refers to all registered trademarks, logos, service marks, trade names, internet domain names, sub-domain names, or any other identifiers of origin currently or in the future used by LetsChat.
11.17. Nothing in this document grants, nor should it be interpreted as granting, any rights to use LetsChat’s Trademarks unless explicitly stated in these Terms of Use. You may not adopt or use any name, mark, or identifier similar to or likely to cause confusion with LetsChat’s Trademarks without prior written approval.
11.18. The design and appearance of the LetsChat website, including all page headers, custom graphics, button icons, and scripts, constitute the trade dress, trademarks, or service marks of LetsChat. These elements must not be copied, reproduced, or used, wholly or partially, without prior written consent.
11.19. All other trademarks, product names, and company names or logos displayed on the LetsChat website are the property of their respective owners. References to third-party products, services, or information by name, trademark, manufacturer, or otherwise do not imply endorsement, sponsorship, or recommendation by LetsChat unless explicitly stated.
11.20. You agree not to use LetsChat’s Trademarks in any way that could tarnish, damage, or negatively reflect on their reputation. Additionally, you agree not to contest or support any legal challenges against the validity or ownership of LetsChat’s Trademarks.
11.21. Without prior written consent, you may not use LetsChat’s trademarks, logos, images, or proprietary graphics to link to the LetsChat website.
Impact of Intellectual Property Rights (IPR) Violations11.22. If you believe your intellectual property rights have been infringed, you may contact us at datasage.in@gmail.com with complete details. We reserve the right to remove or restrict access to any content that we have reason to believe violates the intellectual property rights of LetsChat or any other user. We will provide notice of any infringement claims received.
12.1. LetsChat reserves the right to modify, update, or revise these Terms of Use/Service at any time. Continued use of the website following any changes will be considered as acceptance of those changes. The website’s features, content, or functionality may be modified, supplemented, removed, or updated at the sole discretion of LetsChat, without prior notice. Additionally, LetsChat reserves the right to introduce or adjust fees for platform usage and to set or modify general practices and restrictions related to its services and accounts at any time.
13.1. LetsChat reserves the following rights:
i) LetsChat may remove user accounts and/or content without prior notice if they violate any provisions of this Agreement. ii) To protect its interests, LetsChat reserves the right to deny access to its platform or services, terminate contracts, and report any misconduct to appropriate authorities if you are involved in or suspected of: o Violating applicable laws, regulations, or these terms. o Infringing upon the rights of third parties. o Significantly harming the legitimate interests of LetsChat. o Engaging in offensive behavior toward LetsChat or third parties. iii) LetsChat may, at its sole discretion, modify, terminate, or refuse to provide services at any time if an individual or entity is found in violation of the Terms of Use or applicable laws within India. iv) LetsChat is not obligated to monitor content on its platform, including interactions between creators, subscribers, or LetsChat employees. v) LetsChat reserves the right to retain copies of user content even after account termination for limited purposes. To enable this, you grant LetsChat a non-exclusive, perpetual, and irrevocable license to retain your content for these purposes. vi) LetsChat may modify, suspend, terminate, or alter any part of this Agreement at its sole discretion. Continued use of the platform signifies acceptance of such changes. ________________________________________14.1. Users are entitled to the following rights under this Agreement:
i) Rights under the DPDPA: Users are entitled to the rights and obligations outlined in Chapter III of the Digital Personal Data Protection Act (DPDPA) of 2023, regarding data protection and privacy. ii) Right to Withdraw: Unless exceptions apply, users have the right to withdraw from this agreement within a specified period of 30 days without providing any reason. iii) Withdrawal Period: To withdraw from this agreement, users must notify LetsChat via email, providing a clear statement or using a withdrawal form before the 30-day withdrawal period expires.15.1. You acknowledge and agree that LetsChat, at its sole discretion, may terminate or suspend your account on its platform if it is found to violate any provisions of this Agreement.
15.2. If your account is terminated or suspended, we will notify you of the reason, except in situations where such notification:
i) Violates applicable laws, legal enforcement authority directives, or court orders within the territory of India; ii) Compromises an active investigation; iii) Poses a risk to the integrity, operation, or security of the platform; or iv) Causes harm to users, third parties, LetsChat, its subsidiaries, or affiliates. 15.3. Account termination or suspension does not entitle you to compensation, damages, or reimbursement. Additionally, if termination or suspension is due to your actions, you are still obligated to pay any applicable fees. ________________________________________ Account Deletion by User15.4. You may request to delete your account at any time by sending an email to us. Upon account deletion, your content may become permanently unavailable and irretrievable. LetsChat is not responsible for any loss of content following deletion, nor shall it be held liable for any inability to access content resulting from account deletion.
15.5. As a creator, you are responsible for ensuring that all pending payments, refunds, subscriptions, monetary obligations, and delivery of digital items are cleared and resolved before deleting your account. Creators must also notify their subscribers at least five (5) days in advance of account deletion to avoid confusion or disruption.
15.6. If you delete your account without fulfilling obligations to other users or the platform, you may be liable to pay a monetary fine equivalent to the pending obligations.
________________________________________ Provisions After Termination of15.7. This agreement remains in effect until terminated by either LetsChat or you. Upon termination, certain provisions in this document will remain enforceable due to their nature, including but not limited to:
i) The licenses you grant under this agreement, which will survive indefinitely; ii) Your indemnification obligations, which will remain effective for five (5) years from the date of termination; iii) The disclaimers of warranties, representations, and the provisions related to indemnity and limitation of liability, which will survive indefinitely.16.1. Any legal claims, obligations, or disputes arising from or related to this Agreement, including breaches thereof, shall be resolved through alternative dispute resolution. The process may occur either physically or online, depending on convenience or circumstances.
16.2. Each party will bear its own costs associated with the dispute resolution process. LetsChat reserves the right to initiate and pursue any legal or equitable action before a court of competent jurisdiction to obtain injunctive or other necessary relief if, in LetsChat's opinion, such action is warranted.
________________________________________ Governing Law and Jurisdiction16.3. To the fullest extent allowed by law, these Terms of Use/Service are governed by the internal laws of India. Any disputes shall fall under the exclusive jurisdiction of the courts located in Bengaluru (Karnataka), India.
________________________________________17.1. This Agreement is governed by the legislation, judicial orders, court mandates, and official notifications applicable within the Republic of India. The governing laws for this Agreement include, but are not limited to:
• The Consumer Protection Act, 2019 • The Digital Personal Data Protection Act, 2023 (DPDPA) • The Information Technology Act, 2000 • The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 • The Prevention of Money Laundering Act, and any related amendments or judicial orders Any subsequent rules, statutes, or regulations applicable to these laws will also apply. ________________________________________ Creators or Subscribers Based in India17.2 If you are a Creator operating from India or a Subscriber accessing content from a Creator based in India, any disputes arising under this Agreement will be governed by and interpreted in accordance with the laws of India. Both parties agree to submit to the exclusive jurisdiction of the courts in Bengaluru, India.
________________________________________ Creators or Subscribers Based Outside India17.3 If you are:
• A Creator based outside India and accessing the platform from another country, or • A Subscriber accessing content created by a Creator located outside India, then any disputes or legal obligations arising under this Agreement will still be governed by the laws of India. Both parties agree to submit to the exclusive jurisdiction of the courts in Bengaluru, India.18.1. LetsChat serves as a platform to facilitate interactions between Creators and Subscribers using advanced technological tools. However, LetsChat does not assume responsibility for the outcomes of these interactions.
18.2. Accordingly, LetsChat is not liable for any disputes, claims, losses, injuries, criminal complaints, or damages resulting from the Creator-Subscriber relationship. This includes, but is not limited to, situations where a Subscriber relies on information shared by a Creator through LetsChat’s services or Content.
________________________________________ Privacy and Disclosure of Information18.3. As detailed in our Privacy Policy, LetsChat does not sell, rent, release, disclose, or transfer the data you provide on the platform for monetary or other material gain.
18.4. However, specific information about Subscribers, such as their names, locations, Instagram usernames, and details of the enrolled Content, may be shared with Creators. This information is only provided upon the purchase or enrollment in a Creator’s Content and is not exchanged for any form of compensation.
18.5. Subscribers remain solely responsible for any personal data or information they choose to share with Creators on the platform.
18.6. LetsChat values your privacy and is committed to protecting your data. For more information, please refer to our Privacy Policy, accessible on our website.
________________________________________ General Communications18.7. By providing your personal data, such as an email address or phone number, you consent to receive notifications, agreements, and other communications via these channels. Such electronic notices satisfy legal requirements for written communications unless specified otherwise by law.
18.8. You agree to maintain at least one method of communication (SMS, email, or phone) to receive updates regarding your platform usage or any transactions made through it.
18.9. Communications may be sent by or on behalf of LetsChat, even if your phone number is registered on a Do Not Call list.
18.10. Users acknowledge that any charges incurred for receiving SMS texts or phone calls, as determined by their service provider, are their own responsibility. LetsChat is not liable for such charges.
Assignment18.11. Users may not assign or transfer this Agreement, whether by law or otherwise, without prior written consent from LetsChat. Any attempt to do so without such consent will be deemed invalid. LetsChat, however, may assign or transfer this Agreement at its sole discretion, without restriction. Subject to the above, this Agreement binds and benefits the successors and permitted assigns of both parties
Waiver18.12. Failure by LetsChat to enforce any right or provision in this Agreement shall not be considered a waiver of that right or provision. A waiver in one instance does not constitute a continuing waiver of that term or any other term.
Illegal or Abusive Conduct18.13. Users are expected to engage with each other respectfully and professionally while using the platform. Engaging in any illegal, unethical, harmful, or abusive behavior toward others is strictly prohibited.
18.14. For further details, please refer to our Platform Guidelines available on our website.
________________________________________ Severability18.15. If any provision of this Agreement is deemed unenforceable or invalid by a court of competent jurisdiction, the provision will be limited or removed to the extent necessary, and the remainder of the Agreement will remain fully enforceable and effective.
________________________________________ Force Majeure18.16. For the purposes of this Agreement, “Force Majeure” refers to any event beyond the reasonable control of a party, which could not have been avoided with due diligence and reasonable efforts, and which prevents the affected party from fulfilling its obligations. Examples of Force Majeure events include but are not limited to:
• Natural disasters (e.g., earthquakes, floods, hurricanes) • War, civil unrest, or military actions • Terrorism, sabotage, or piracy • Epidemics, pandemics, or quarantine restrictions • Government orders or regulatory changes • Strikes, lockouts, or industrial actions • Utility or telecommunications failures • Cyberattacks or malicious digital disruptions18.17. The affected party must promptly notify the other party in writing, providing details of the Force Majeure event, its expected duration, and its impact on performance. Obligations impacted by the Force Majeure event will be suspended for its duration. If the event continues for more than 90 consecutive days, either party may terminate this Agreement with 30 days’ written notice.
18.18. Force Majeure does not excuse obligations related to payments or result from negligence or willful misconduct. Both parties must take reasonable steps to mitigate the impact of Force Majeure on their performance.
18.19. Neither party shall be held liable for any losses, damages, or delays caused by Force Majeure events.
________________________________________ Losses18.21. This applies to losses resulting from cyberattacks, including DDoS attacks, malware infections, data breaches, or unauthorized access.
18.22. LetsChat disclaims responsibility for business losses arising from the actions or omissions of third parties, including payment processors or external service providers.
18.23. While we strive to ensure platform availability, LetsChat does not guarantee uninterrupted access and is not liable for business losses resulting from platform downtime, planned or unplanned.
18.24. These limitations do not exclude any liability that cannot be restricted under applicable law. By using LetsChat, you acknowledge and accept these limitations.
________________________________________19.16 Any complaints, concerns, or reports of content violations should be directed to the designated Grievance Officer. Please send your complaint in writing or via email, signed with an electronic signature, to the Grievance Officer as specified on our website.
Name of the DPO: Mr. Ajinkkyaa Naik
Address: Sneh building, Panchmarg, Versova, Andher(w) Email: datasage.in@gmail.com
Ph: 9769949948