Terms of Service

Published: Last updated:
Terms of Service

oYari Social ("oYari") is owned and operated by AS Tech Solutions, a private company established under the laws of India having its registered office A-43, Janta Colony, Jaipur, Rajasthan - 302004.

Please read these Terms of Service carefully, which include and hereby incorporate the Privacy Policy, Biometric Policy, and the Content and Conduct Policy (collectively, the "Terms"). oYari Social provides a service that allows Account holders to create unique personal profiles and communicate with other registered and non-registered users.

These Terms govern and apply to your access and use of oYari Social's social networking services through official mobile/desktop apps (collectively, the "Apps") and the website (www.oyari.com). To make these Terms easier to read, the Apps, our services, and the website are collectively called the "Services".

Our Services and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you use our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with the laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

This document constitutes a legally binding Agreement between you and AS Tech Solutions ("Company", "ASTS", "we", "We", "our", "Our", "us", "Us").

By accessing or using our Services, you agree that (1) you are age 13 or older, and (2) you understand and agree to these Terms.

If you do not understand or do not agree to these Terms, do not use the Services. If you do not agree to these Terms, then you have no right to access or use the Services. Use of the Services is void where prohibited.

We may modify the Terms or Services at any time, at our sole discretion. Generally, we post about any changes on the public feed from our official accounts. Still, it is your obligation to periodically review the Terms. Your continued use of our Services after a Terms of Service publication means that you agree to the revisions. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services.

You agree that the Company shall not be liable to you or to any third party for any change or modification to these Terms. Except as may be expressly specified otherwise by the Company with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.

You may use the Services only if you are 13 years or older and are not prohibited from using the Services under applicable law or under any provision of these Terms.

Providing safe and secure Services for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you using the Services (including any violation of these Terms) along with the commitments given by you below. By using our Services, you agree, and acknowledge the following:

It's important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete, and up-to-date. It is especially important that you are truthful when identifying your age. Your profile may be deleted, and your Account may be terminated without warning if we believe that you are under 13 years of age.

You agree that you won't disclose your Account credentials to anyone and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

You will ensure that you have requisite security software such as antivirus and up-to-date Operating System on your devices to ensure their safety. You should, as a matter of practice, ensure that your devices are not used wrongly or tampered with in any way. Additionally, we strongly recommend you apply the security features provided within the Services to prevent unintended use of your registered account.

You agree and acknowledge that you have read and understood our following policies as well, and you will comply with them:

oYari Social service is 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) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, the Privacy Policy, and Terms of Service/Use for accessing and using our Services. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.

We do not control what you or other people may or may not do on the Services and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Services 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 content, information, or account.

Content and Content Disclaimer

For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and "User Content" means any Content that Account holders provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.

You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You further acknowledge and agree that the views expressed in our Services do not necessarily reflect our views and we do not support or endorse content (whether or not edited by us) posted or submitted by you or any other user.

Content Ownership, and Responsibility

We do not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Company and its licensors exclusively own all rights, titles, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services You hereby grant to ASTS a perpetual, assignable, worldwide, royalty-free, sub-licensable, and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your username and likeness) on oYari Social and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purposes, whether by us, our partners or other third parties, in our sole discretion.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.

You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as chat messages you send or virtual gifts you give) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Company

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

When you buy or receive premium Virtual Products, such as virtual coins, privileged membership, etc., you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on oYari Social such as improving your rank and the purchase of virtual gifts for other users.

We are not responsible for repairing or replacing premium Virtual Products, or providing you with any credit or refund in the event that we modify, suspend, or terminate specific premium Virtual Products, or for loss or damage due to any service error, or any other reason.

We reserve the right to suspend, revoke, or stop issuing premium Virtual Products or permitting their use at any time without notice, refund, or compensation, and to set expiration dates for them.

You may purchase premium Virtual Products for yourself or other registered users through the interface provided by the Services.

Purchases are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for premium Virtual Products at any time, as well as the premium Virtual Products themselves. We reserve the right to stop issuing specific premium Virtual Products at any time and to set expiration dates for them. If you delete your account or your account is terminated for any reason, you will lose all unused premium Virtual Products without refund or other compensation.

Notwithstanding any other provision of these Terms, we reserve the right, but assume no obligation, to disclose any information that you submit to the Service if in our sole opinion we suspect or have reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosures.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to edit any Content, remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

Where our Services contain links to external sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and in no way are we responsible for any content provided by such sites/resources.

To resolve a complaint regarding the Service, you should contact support[at]oyari.com. Law enforcement officials may send correspondence to Company to the same email address.

In all cases, you agree that disputes will be subject to the laws of India and the courts of Jaipur shall have exclusive jurisdiction over all such disputes.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of oYari Social or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors, administrative members, 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:

  1. your negligence or willful misconduct;
  2. your access to or use of the Platform and Services;
  3. any breach by you of your obligations under this Agreement;
  4. your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
  5. any violation of law or contractual obligation and any claims, demands, or notices pursuant to such violation.

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 Services.

The Services are provided on an "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 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, administrative members, 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.

In the event where any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors, or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding INR 1000/- (Rupees One Thousand only).

  1. If any aspect of these Terms is unenforceable, the rest will remain in effect.
  2. Any amendment or waiver to our Terms must be in writing and signed by us.
  3. 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 profile, such failure to enforce our rights will not be a waiver by us.
  4. We reserve all rights not expressly granted to you.

If you are a consumer, please note that this Terms of Service Agreement, its subject matter, and its formation, are governed by the law of India, insofar as it does not conflict with your rights as a consumer in your jurisdiction. You and the Company both agree that the courts of Jaipur shall have exclusive jurisdiction to hear the dispute between You and the Company.

If you have any questions or comments about these Terms of Service, please email us to support[at]oyari.com.

Thank you for using our Services.