Welcome to Hoote, a public audio / voice based microblogging platform whereby registered users (“Users”/“You”/“Your/Yourself”) can upload and post their thoughts, opinions and updates with other Users on the platform via mobile applications downloaded from an application store i.e. Android or IOS and accessible from any platform where the application functions such as mobile phones, tablets and any such other devices (“Application”). The Website and Application is owned and operated by [HOOTE GLOBAL TECHNOLOGIES PRIVATE LIMITED], a company incorporated under the Companies Act, 2013 with its registered office at [54, KRISHNA NAGAR 27TH STREET, MADURAVOYAL CHENNAI] (“Company”/“We”, “Our”/“Us”).
These Terms supersede all previous oral and written terms and conditions (if any) communicated to You and shall act as a binding Agreement between Company and the Users.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THESE TERMS , PLEASE DO NOT USE OR ACCESS THE PLATFORM AND / OR SERVICES.
1.1. “Content” means and includes, without limitation, any information, data, text, audio, video, gifs, polls, User profiles, software, tags, graphics, and interactive features generated, provided, or otherwise made accessible either by You or by Us or Our partners or Sponsors on or through the Platform.
1.2. “Services” means services provided through the Website and Application, as described in further detail under clause 3 below and may change from time to time, at the sole discretion of the Company.
1.3. “Hoote” shall mean any uploaded audio by a registered User on the Application.
2. Changes to the Terms
Your use of the Platform is subject to these Terms, which may be updated, amended, modified or revised by Us from time to time without notice to You. It is important for You to refer to these Terms from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that We may have made to these Terms.
3. Services provided to Users
3.1 The Platform provides You with the ability to:
- Create and maintain Your own profile on the Platform after registration (described in clause 4 below);
- Choose and implement privacy settings on Your account. This gives You the ability to determine which other Users can view Your profile and/or any other Content uploaded by You on the Platform. This includes the ability to specifically block certain other Users of the Platform from accessing Your account;
- Post / upload Your thoughts, opinions and updates on the Platform in an acceptable audio format;
- Follow other Users on the Platform;
- React (Like, Comment, Re-Hoote, Share) to other Users’ Hootes;
- You may remove any of Your uploaded Hootes;
- You may report Hootes and / or block other Users;
- You may use hashtags to highlight the topic on which You are uploading Hootes;
- The Company may also, at any time and its own discretion, remove any Hootes that are found to be in breach of any of the clause contained in these Terms or any other policies / documents prepared in this regard by the Company;
- Users can hold one-to-one chats with other Users on the Platform, provided they have not been blocked / restricted by such Users. Chats are not visible to anyone else on the Platform or to the Company.
3.2 The Company reserves the right, in its sole discretion, to modify or replace all or any part of the Terms, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Service or by sending You an e-mail. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Any information You provide to Us for the purposes of registering and setting up Your account shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account and for maintaining the security of the Platform and any information You input to the Platform. Further, We are not responsible for the accuracy or legitimacy of any data, information or Content uploaded or posted by You on the Platform during Your usage of the Services. Similarly, We are not responsible for any information and/or Content uploaded, displayed, created or posted on the Platform by other Users. Any reliance by You on any information or Content provided by any other User will be Your responsibility. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by You as a result of Your reliance on any information provided by any other User. You shall not use or access another User’s account without such other User’s explicit permission. You will immediately notify Us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware. You can access the Platform through Your account maintained in the Platform. The account is provided on a best-efforts as-is basis. While We strive to maintain the highest levels of service availability, We will not be liable for any interruption that may be caused to Your access of the Services.
4. Registration of Your Account
4.1 When You access the Platform, You will first be asked to choose the language You would like to use the Platform in (this preference can be changed in the settings page of the Platform at any time). As part of the registration process/for creating Your account, You will need to provide Us with Your phone number or e-mail address, (which will be verified via a one-time password).
4.2 It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You can then create an account username / handle (“Username”) and password for Yourself. You cannot create an Username using:
- the names and information of another person; or
- using words that are the trademarks or the property of another party (including Ours); or
- words that are vulgar, obscene or in any other way inappropriate.
4.3 Please note that if a Username has been used by a verified User on any another platform, in order to avoid risk of impersonation, the Username will not be allotted to anyone else and, if already allotted, may be cancelled at Our discretion without any notice.
4.4 We reserve the right with or without notice to suspend or terminate any User account in breach of the above conditions. On the creation of Your account, You can modify Your Username at any time. You may also add a description of Yourself to Your account. If for any reason You suspect that Your Username and password has been disclosed to or obtained by another party, You should contact Us immediately. Please note that We never contact Users requesting them to confirm their username, password or any other details, except when the User is signing into the Platform.
5. Subscription Fees and Payment
There is no subscription fees payable by You prior to, during, or after Your usage of the Platform. The usage of the Platform is completely free of cost, and any request for fees or payment by any person / entity purporting to be a representative of the Company should be ignored by You, unless the same is reflected in an updated version of these Terms.
6. Use of Your Information and Content
6.3 We reserve the right to maintain, delete or destroy all information, Content and materials posted or uploaded through the Services pursuant to Our internal record retention and/or destruction policies, upon reasonable notice provided to the You. We (may/may not) make use of third-party cloud service providers or Our own service infrastructure for hosting the servers and databases. While We make commercially reasonable efforts to ensure that the data stored on Our servers is persistent and always available to the User, We will not be responsible in the event of failure of the third-party servers or any other factors outside Our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
6.4 You hereby agree and acknowledge that the Company reserves the right to delete, disable or destroy any Content / Hoote uploaded by You on the Platform, if such Content is found to be: (i) in violation of Acceptable use of the Platform set out in clause 7; (ii) in violation of Rights and Obligations relating to the Content set out in clause 8; (iii) otherwise inappropriate in Company’s sole discretion; or (iii) duplicated and / or replicated on any other media apart from the Platform. You further agree and acknowledge that the Company also reserves the right to remove or refuse to publish Your Content, in whole or part, at any time, at the Company’s sole discretion, with or without notice to You.
6.5 Your copying of the copyrighted content published by Company on the Platform for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
6.6 You acknowledge that any content listed on the Platform is either: (i) User generated and belongs to the User, or (ii) posted by Company and belongs to Company. We authorize the User to view and access the content available on or from the Platform solely for receiving, interacting, delivering and communicating as per these Terms. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, “Company Content”), are Our property and are protected under copyright, trademark and other laws. User shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain. Users are prohibited from accessing the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
7. Acceptable Use of the Platform
7.1. Users shall not host, display, upload, modify, publish, transmit, update or share any information that:
- may be harmful to minors or children below the age of 18 (eighteen) years;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and
- 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;
- is abusive, libellous, defamatory, pornographic, paedophilic, obscene or otherwise grossly harmful or objectionable in Company’s reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other User’s use and enjoyment of the Platform.
- Any content posted in violation of clause 7.1 above shall be considered as “Objectionable Content” and users posting such Objectionable Content shall be considered as “Abusive Users”. Every User shall have the right to: (a) flag any Objectionable Content and / or block and report an Abusive User by clicking on the “Report Abuse” option available on the Platform under each Hoote.
- You can report any Hoote, Objectionable Content or Abusive User in the following manner:
- Navigate to the Hoote you would like to report.
- Tap the icon located at the right corner at the top of the Hoote.
- Select “Report Hoote”.
- You will be provided three options: (a) It’s suspicious or spam; (b) It’s abusive or harmful; (c) It expresses intentions of self-harm or suicide. Based on the option you select, you will be asked to provide additional information about the issue you are reporting. You may also be asked to select additional Hootes from the account you are reporting so we have better context to evaluate your report.
- We will include the text of the Hoote you report in our follow-up emails and send notifications to you. To opt-out of receiving this information, please uncheck the box next to “Updates about this report can show these Hootes”.
- Once you have submitted your report, we will provide recommendations for additional actions you can take to improve you experience on the Platform.
- You agree and acknowledge that the Company does not tolerate any Objectionable Content or Abusive Users on its Platform. In addition to the rights reserved by the Company under clause 6.4 above, in the event that the Company receives information of Objectionable Content, the Company shall assess the Content that has been reported and reserves the right to delete such Objectionable Content posted on the Platform within 24 (twenty-four) hours and permanently remove the Abusive Users from accessing the Platform.
8. Rights and Obligation relating to the Content
8.1. Users shall be prohibited from:
- violating or attempting to violate the integrity or security of the Platform or any content thereof;
- transmitting any information on or through the Platform that is disruptive or competitive to the provision of Our Services;
- intentionally submitting on the Platform any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- copying or duplicating in any manner any of Company Content or other information available from the Platform;
- circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- using the Platform in any manner that is unethical, illegal or disruptive.
8.2. The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through e-mail signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this clause. We shall also be entitled to preserve such information and associated records for at least  days for production to governmental authorities for investigation purposes.
8.4. We may disclose or transfer User-generated information to Our affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. In accordance with the applicable laws, We shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
9. Third-Party Services
The Company may provide Users with links to, or contact information for, third-party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third-parties whom the User may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and We make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
10. Notification to Users
10.1. The Platform provides You with multiple automatic notification, if (i) another User likes Content uploaded by You; or (ii) another User follows You.
10.2. You can opt-in or opt-out of such alerts in the settings section of the Platform.
10.3. You understand and agree that any notification provided to You through the Service may be delayed or prevented by a variety of factors. We will do Our best to provide notification in a timely manner with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that We shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of an alert; or for any actions taken or not taken by You or any third-party in reliance on an notification.
11. Reviews and Feedback
You are solely responsible for the Content that You choose to submit for publication on the Platform, including any feedback, ratings, or reviews (“Critical Content”) relating to the Platform or other Users. Our role in publishing the Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 (IT Act). We disclaim all responsibility with respect to the content of Critical Content, and Our role with respect to such content is restricted to Our obligations as an ‘intermediary’ under the IT Act. We shall not be liable to pay any consideration to any User for re-publishing any content across the Platform. You agree that We may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to the Platform or Our Services; and/or
- Obtaining feedback in relation to any other Users listed on the Platform; and/or
- Resolving any complaints, information, or queries by other Users regarding Your Critical Content;
and You agree to provide Your fullest co-operation further to such communication by Company.
12. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update Your profile information. We reserve the right to moderate the changes or updates requested by You, and We shall take the independent decision on whether to publish or reject the requests submitted for the respective changes or updates in Your profile. You hereby represent and warrant that You are fully entitled under law to upload all Content as part of Your profile or otherwise while using Our Services, and that no such Content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, We may modify or delete parts of Your profile information at Our sole discretion with or without notice to You.
The Company offers email-based and online support tools. You may access support resources or contact Our support by emailing at [•].
14.1. The Company reserves the right to suspend or terminate Your access to the Platform with or without notice and to exercise any other remedy available under law, in cases where:
- You are in breach of any terms and conditions of the Agreement;
- Company is unable to verify or authenticate any information provided by You;
- Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company, or such action is contrary to the interests of the Platform.
14.2. The Company reserves the right to suspend Your account, block Your access to the Platform for  days as a warning, or permanently delete Your account and block Your access to the Platform if: (i) You are found to be in breach of any of the terms of the Agreement; and / or (ii) You are reported by any other User of the Platform for inappropriate behavior.
14.3. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
14.4. We reserve the right to permanently block any User when found to be displaying any inappropriate behaviour or in violation of any of the terms of the Agreement.
THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT:
- THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
16.1. You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates / subsidiaries / joint venture partners and each of its, and its affiliates’ / subsidiaries / joint venture partners’ employees, contractors, directors, suppliers and representatives from and against any and all liabilities, losses, claims, obligations, damages, costs and expenses, including reasonable attorneys’ fees, that arise from or relate to:
- Your use or misuse of, or access to, the Platform; or
- Your violation of the terms or any applicable law, contract, policy, regulation or other obligation;
- any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and / or Your making available thereof to other Users of the Platform, and / or the actual use of Your Content by other Users of the Platform in accordance with these Terms;
- any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent.
16.2. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in connection therewith.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR:
17.1. ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
- ANY CHANGES THAT COMPANY MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
- ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
- ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
- YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
- ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
17.2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND / OR
17.4. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF INR .
18. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation to the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at , India and You hereby accede to and accept the jurisdiction of such courts.
19.2. Severability: If any provision / clause of these Terms 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 shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms 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.
19.3. Amendment: We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You not less than ten (10) days prior to the effective date of any amendments to these Terms and Your continued use of the Service(s) following the effective date of any such amendment may be relied upon by Us as Your acceptance of any such amendment.
19.4. Force Majeure: The Company shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, pandemic, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
19.5. Notices: All notices and other communications required or permitted hereunder to be given to Us shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid recognized courier or otherwise delivered by hand or by messenger. Our address for a notice is: [•] at [•] with a CC to[•] by electronic mail.