Terms

Last updated: April 30, 2024

Welcome to Stan, a social voice messaging app. By using Stan, you're agreeing to our rules and regulations mentioned in these Terms of Use. Please make sure to carefully read these Terms, including any document referred herein to fully understand your legal requirements and obligations while using the App.

By accessing or using our app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you should discontinue use of the App immediately.

Definitions

• 'App' refers to the Stan anonymous voice message application.
• 'Applicable Law” means all statutes, enactments, acts of the legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, as may be applicable to you or the Company.
• 'Affiliate' means an entity that controls, is controlled by, or is under common control with a party, where 'control' means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
• 'Content' means any text, graphics, images, music, software, audio, video, information, or other materials.
• 'Device' means any electronic device capable of accessing the App, such as a smartphone, tablet, or computer.
• 'Service' refers to the services provided via the App by the Company.
• Terms' means these Terms of Service.
• 'User' refers to any person who uses the App.

Eligibility

By using the App, you represent and warrant that you are at least 13 years of age, or have parental consent to create an account. If you are under 13 years of age, you may not use the App. The App  is intended only for users who are not prohibited by the laws of the jurisdiction where they reside from accessing it. We do not intend to enable you to contravene any Applicable Laws. You represent, warrant, and agree that your use of the App complies with Applicable Laws.

User Accounts

To use some features of the App, you may be required to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any unauthorized use of your account or any other breach of security.

Intellectual Property

The App and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The App is protected by applicable copyright, trademark, and other laws. You shall not use our intellectual property in connection with any product or service without the prior written consent of the Company.

User Content

You retain any rights you have in the content you submit to the App ('User Content'). By submitting User Content, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use your User Content as necessary to exercise the licenses granted by you in these Terms, and (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any third party.

Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the App for any illegal or unauthorized purpose;
• Harassing, threatening, or defaming others through the App;
• Using the App to infringe upon the intellectual property rights of others;
• Transmitting any viruses, malware, or other harmful code through the App;
• Attempting to gain unauthorized access to the App or its related systems or networks; and
• Engaging in any other activity that interferes, restricts, inhibits anyone else's enjoyment of the App.
• Any other activity which the Company may in its sole discretion consider to be prohibited.

Privacy and Data Protection

By using the App, you acknowledge and agree to the collection, storage, processing, and use of your personal information in accordance with the terms of our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose your information and how we protect your privacy when you use the Platform. Please review our Privacy Policy for more information.

Paid Features

We may offer premium paid features by the way of Subscriptions and/or In-App purchases. Purchases can only be made through your Apple App Store Account or Google Play account ('External Service Account'), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. Please note that the Company does not process payments directly nor store your payment details.

Payments are handled through your personal External Service Account account using the payment method you have on file with the External Service Account. You agree to abide by the relevant External Service Account's  terms and conditions regarding payment processing, refunds, and cancellations.

Refunds for in-app purchases are governed by the refund policies of your External Service Account. We do not process refunds directly; all refund requests must be submitted through the External Service Account from which the original purchase was made.

Termination, Suspension and Deletion of Account

We reserve the right to terminate or suspend your account if you breach these terms, engage in illegal or fraudulent activities, or infringe intellectual property rights. You may delete your account at any time through the app settings, or reaching out to us at stan@hunch.in, requesting deletion of your account. Your account will be deleted immediately but it may take a little while for your Content to be completely removed from the App.

Indemnification & Warranties

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the Company, our Affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the App or any products or services provided by a third party in connection with the App, even if recommended, made available, or approved by us (b) your content, including infringement claims related to your content (c) your breach of these Terms or any Applicable Laws or regulation or (d) your negligence or willful misconduct.

Limitation of Liability

Except where prohibited by law, in no event will the company be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the company has been warned of the possibility of such damages.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND INKS TECHNOLOGY SERVICES PTE. LTD ('Company'). AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute arising out of or in connection with these Terms, including any question regarding its interpretation or validity, shall be resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre ('SIAC') in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ('SIAC Rules') for the time being in force, which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The appropriate courts located in Singapore will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Before arbitration, both parties will attempt to resolve disputes through mediation at the Singapore International Mediation Centre ('SIMC'), following the SIAC-SIMC Arb-Med-Arb Protocol. Any settlement reached during mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

Disputes will be resolved on an individual basis only. Class arbitrations, class actions, or any other representative proceedings are expressly waived. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals.

The arbitrator appointed shall not be bound by rulings in prior arbitrations involving the Company  but is bound by rulings in prior arbitrations involving the same User to the extent required by Applicable Laws. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

All rights and obligations hereunder will be governed by the laws of Singapore, without regard to the conflicts of law provisions of such jurisdiction.

The interpretation and enforcement of these Terms, and any dispute related to these Terms, or the Platform, will be governed by and construed and enforced in accordance with the laws of Singapore without regard to conflict of law rules or principles. Notwithstanding the above, any disputes related to our intellectual property rights may be brought in any court of competent jurisdiction.

Modifications

We may update our Terms from time to time. We will notify you of any changes by posting the new Terms on this page. Your continued use of our App after the modification date will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Terms of Service.

Contact Us

If you have any questions or concerns regarding your use of the App, please contact us at legal@hunch.in.