These Terms of Use ("Terms") govern your use of PlayChat mobile application (the "Platform") made available by Interact Group Private Limited (formerly known as Cold Brew Tech Private Limited) ("PlayChat", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office at Bengaluru, Karnataka India, 560102. The terms "you" and "your" refer to the user of the Platform. You agree to be bound by the Terms by using the Platform.
These Terms of Use and the PlayChat Privacy Policy, ("Platform Policies") will be read together. The Platform Policies set out the rules you are required to follow while using the Platform.
We reserve the right to modify, amend or change our Terms of Use, Privacy Policy or other Usage Policies at any time. We will annually remind users of any changes made to any of the terms under these policies. We will also indicate the effective dates of these changes under each policy, as and when they happen. Users will be notified via in-app updates that they must acknowledge before they can continue availing our Services. Your continued use of the Services will indicate your acceptance of the updated Terms and you will be legally bound by the updated Terms.
SERVICES
As part of our Services, you can play games such as Ludo and Carrom with other PlayChat Users, while also interacting with them in real time via chat or call. PlayChat randomly assigns you an opponent for free. If you want to choose the gender of the User opposing you, you must pay in the form of a fixed number of Coins per minute spent on the call.
As a part of our Services, you can receive virtual gifts such as Yellow Roses for every minute of the call. These Yellow Roses can be exchanged for Coins, at a pre-determined but dynamic conversion rate. For more information on Coins, Yellow Roses and other virtual gifts, read our Payment Policy here.
The games, in-app purchases and gift exchanges on our Platform do not facilitate betting or gambling or any other game of chance. Games on our platform cannot be played with real money. They are purely intended to act as a means of social exchange and interaction between Users, for entertainment purposes only.
CHANGES TO SERVICES
Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily or permanently stop providing Services or any features to you generally.
We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
WHO MAY USE OUR SERVICES
To use our Services, you must register on our Platform by entering your phone number and the One-Time-Password sent by us via SMS to your phone number. You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you have a FRND account, PlayChat automatically syncs our Services with your FRND username and other account details.
You must ensure that you remain the sole user of your account and not share your login credentials with anyone else. If you are accepting these Terms on behalf of another individual, company or any legal persons, then you represent and warrant that you have the authority to bind such an entity to these Terms and effectively "you" and "your" shall refer to the company.
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the PlayChat mobile application to your mobile device and update it from time to time. Applications and software are constantly updated for your use and you will need to install the latest version of the PlayChat mobile application to your mobile device each time such an update is generated.
PRIVACY POLICY
To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, your gender and your name from you. We may further request and store additional information. The PlayChat Privacy Policy explains how we collect, use, share and store the information collected. The PlayChat Privacy Policy also details your rights under law and how you may control the data you provide us.
You may delete your or account at any point. However, your information may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete it, please read the Privacy Policy.
YOUR COMMITMENTS
By using our Services, you agree and acknowledge the following:
a. No Impersonation or False Information to be Provided
While you do not have to use your actual name on our Platform, you are required to input your correct phone number, gender and age to use our Services. You will not falsely represent yourself as another person or representative of another person on the Platform or as someone younger/older than your correct age at the time of registering as a user on PlayChat.
b. Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You shall not use automated means or bots to access the Platform or collect user information. You will also not allow multiple accounts to be linked to your profile through any means, including but not limited to your phone number, PAN number, IP address, UPI ID, bank account details, etc.
c. Access Suspension or Termination
If any of our Users report your activity or conduct on the Platform and claim that it violates Policies and applicable laws in force, reserve the right to suspend or terminate your account and block you from re-registering with us. We may also report your conduct or your account to law enforcement agencies, in accordance with applicable laws.
Some activities that can lead to permanent termination of a user account include the following. Please note that this is an indicative list:
- Signing up on the account with an abusive name.
- Signing up with a device or phone number that has already been blocked by PlayChat due to previous violations of platform policies.
- Promoting adult services like solicitation of sexual services on the platform.
Further, the following activities may attract temporary suspension or incentivization that is subject to reversal if we deem it necessary or appropriate.:
- Activities that violate Policies but do not fulfil criteria leading to permanent termination.
- Engaging in obscene verbal or textual exchanges.
PlayChat reserves the right to assess severity of the act or omission committed by the user and take a decision to permanently terminate or temporarily suspend a User's account. Typically, we adhere to the following timeline once we notice a violation:
- We immediately notify the user of suspicious activity and nudge to rectify it/not engage it again.
- In case the violation is repeated, we block the account for 24 hours.
- A subsequent repetition invites a block for 48 hours.
- If repeated behavior persists, we permanently block the account and the user cannot access it anymore.
d. Respecting the Rights and Privacy of Other Users
You must respect the rights and privacy of others. You will not use the Platform in any manner which violates or infringes any person's intellectual property rights including any patent, trademark, copyright, or privacy rights or publicity/personality rights.
You will not engage in conduct that invades the privacy of another person or harasses Users based on their gender, race, religion, caste, or ethnicity. You will not engage in activity that promotes hatred or incites violence between different groups.
e. Respecting PlayChat's Intellectual Property Rights
PlayChat owns all rights to the Platform, including all related brands, content, software, features, and technology. You agree to respect PlayChat's intellectual property rights including any patent, trademark, copyright or other proprietary rights, and not do, attempt to do, or encourage others to do the following:
- Use PlayChat's branding, logos, designs, interface elements, photographs, videos, or other materials available through the Platform, except as explicitly permitted by these Terms or our guidelines.
- Copy, modify, download, distribute, sell, broadcast, display, or create derivatives of the Platform or its content, except as expressly permitted in these Terms or enabled by the Platform's intended functionality.
- Reverse engineer, decompile, or extract the source code of the Platform or its features.
- Develop or use third-party applications or tools, including but not limited to software, devices, robots or other kinds of code or means or processes such as crawlers or browser plugins that interact with the Platform or User content without our written permission. These third-party applications or tools are strictly prohibited forms crawling, copying profiles and other data or otherwise exfiltrating from PlayChat or its services.
f. Platform Not to be Used For Anything Unlawful or Illegal
You shall not use our Platform to engage with other Users or the Platform in a manner which is:
- Obscene or pornographic
- Harmful for minors or paedophilic
- Discriminatory or involves hate speech, or incites any form of violence or hatred against any persons
- Defamatory
- Invasive of another's privacy, including bodily privacy
- Patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person, or
Additionally, you must ensure that your conduct on the Platform is not such that it
- Threatens national security, unity, integrity, defence, security, sovereignty, or international relations
- Promotes gambling, betting or money laundering
- Interferes with law enforcement activities, or otherwise uses the Platform for any illegal activities
- Insults or harasses on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force
- Interferes with law enforcement activities, or otherwise uses the Platform for any illegal activities
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
- Impersonates another person
- 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 other nation
- Relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers)
- Involves the transmission of "junk" mail or "spam"
- Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, or
- Otherwise violates any laws in force.
We use AI-based detection and human moderation to prevent the circulation of Child Sexual Abuse Material (CSAM) or any other obscene content.
g. Third-Party Materials and Services
The Platform may display content, features, or materials from third parties and allow access to third-party services. Your use of any third party materials or services is governed by the respective third party's terms. PlayChat is not responsible for any aspect of the third party materials or services, including their content, accuracy, quality, or availability. We do not endorse or assume liability for any third party materials or services available through the Platform, including any third-party links or materials posted by other users of the Platform.
h. Intermediary Status and No Liability
We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, PlayChat Privacy Policy, and PlayChat Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for Users to interact with other Users via games.
While PlayChat reserves the right to review account activity, we do not review all information exchanged on the Platform. We are not responsible for the consequences of such actions (whether online or offline) or for services and features offered by others, even if you access them through our Services. Each User is solely responsible for the content they submit, whether shared publicly or privately. Users may report any exchanges or accounts that violate our Policies through the reporting mechanisms provided on the Platform and in these Terms.
Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your information or account.
i. You Will Not Attempt to Disrupt or Jeopardise PlayChat Services
We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software or any other computer code, file or program, or any bots or scrape our Platform for any user information. You will not create new accounts after we have disabled your account, use unauthorised applications to access the Platform, request login details from other users, or trade in account access.
Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
WHAT HAPPENS IF WE DISAGREE?
In all cases, you agree that disputes will be subject to the laws of India and the courts of Bangalore shall have exclusive jurisdiction over all such disputes.
GRIEVANCE REDRESSAL AND REPORTING
As part of our commitment to the privacy and safety of our users, we continue to work alongside the government authorities in order to keep our users safe. We have put together a robust Grievance Redressal Mechanism in place to help resolve any concerns or complaints raised by you with respect to PlayChat
Various mechanisms for grievance redressal are given below:
- You can report user profiles and raise complaints for content that violates our Terms. You can select the appropriate reason and click on the report option.
- You can send an email to grievance.officer@playchat.game with your concern or complaint.
- You may contact the Grievance Officer at:
LIMITATION OF LIABILITY
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any User of the Platform.
The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another User or arising out of the use of or the reliance on any of the Services or the Platform.
TERMINATION AND SUSPENSION
You may terminate these Terms by deleting your account from the Platform. PlayChat reserves the right to restrict, suspend, terminate, or take other appropriate action impacting your access to the Platform if you fail to comply with our Policies, violate applicable laws, for reasons beyond our control, or for any other reason. We reserve the right to determine, in our sole discretion, as to what constitutes a violation.
We reserve the right to terminate these Terms, cease providing any or all Services, or impose additional limits on your Platform usage. We may also deactivate accounts due to prolonged inactivity and reclaim usernames. While we will endeavour to provide reasonable notice before taking such actions, this may not be possible in all circumstances.
For violations of our Policies, we will notify you of any restriction, suspension, or termination and provide an opportunity to appeal our decision. The notice sent to you will read in the following manner:
"It has come to our attention that certain information made available by you on PlayChat potentially violates the Terms of Use, Community Guidelines, or laws at the time being in force. Please find information on the content below:
- Potentially harmful/illegal content: (URL/description)
- Grounds for Violation: (Details of applicable Policy/law violated)"
Regardless of which party terminates these Terms, provisions relating to intellectual property rights, liability limitations, indemnification, and dispute resolution shall continue to remain in effect.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
- (i) your access to or use of the Platform and Services;
- (ii) any breach by you of your obligations listed out in the Policies;
- (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
- (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
- (v) your negligence or willful misconduct.
This obligation will survive the termination of our Terms.
MISCELLANEOUS PROVISIONS
- If any aspect of these Terms is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our Terms must be in writing and signed by us.
- If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your account, such failure to enforce our rights will not be a waiver by us.
- We reserve all rights not expressly granted to you.