Introduction
These Terms of Use ("Terms") govern your use of HARMONI CALLING mobile application
(the "Platform") made available by HARMONI CALLING SERVICES (OPC) Pvt Ltd ("HARMONI CALLING SERVICES ",
"Company", "we", "us" and "our"), a private company established under the laws of India 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, the HARMONI CALLING Privacy Policy, and Community Guidelines(“ Platform Policies”) will
be
read together. The Platform Policies set out the rules you are required to follow while using the
Platform.
We may periodically update these Terms, and will post the updated Terms on this link. Your continued
use
of the Services will constitute your acceptance of the updated Terms. We will notify you from time to
time to update you of any material changes made to these Terms.
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
Our Platform helps you stay in touch with your friends and enables you to share
content including images and videos in your preferred regional language ("Service/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 are accepting these Terms on behalf of a
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.
PURCHASE AND USAGE OF COINS AND GIFTS
You can acquire coins (“Coins”) using payment methods provided by us on the Platform.
You can use these Coins to play games on the Platform, licence virtual gifts/digital goods (such as
stickers, gifs, banners etc) to gift them to other users or customise your profile. Coins/Gifts are not
treated as individual goods to be purchased by users but as licenced access to items issued by the
Platform. Do note that Coins/Gifts cannot be exchanged for cash, legal tender, or any form of credit and
cannot be used for trading on the internet. You are solely responsible for the Coins/ Gifts you purchase
on the Platform and you agree that we will have no liability or responsibility with respect to such
Coins/ Gifts.
Purchasing Coins
• The price of the Coins will be displayed at the point of sale, and will be inclusive
of applicable taxes.
• You will be responsible for the payment of any Coins acquired by you. Once your
payment has been made, your user account will be credited with the number of Coins acquired by you. We
cannot provide a refund once a successful payment has been made.
Usage of Coins
• Coins can only be used on our Platform and as a part of our Services, and cannot be
combined or used in conjunction with other promotions, coupons, discounts, or special offers, except
those designated by us.
• No Coins may be assigned or transferred to any other user of the Platform or any
third party. The sale, barter, assignment, or other disposal of any Coins, other than by us, is
expressly prohibited.
• Any violation of the Terms, or applicable laws, including any fraudulent activities,
may result in termination of your account on the Platform, forfeiture of the Coins from your account,
and/or you may be subject to liability for damages, litigation, and transaction costs.
• Accrued Coins do not constitute property and are not transferable upon death or
otherwise, including by operation of law.
• Coins can only be used on our Platform and as a part of our Services, and cannot
be combined or used in conjunction with other promotions, coupons, discounts, or special offers,
except those designated by us.
• No Coins may be assigned or transferred to any other user of the Platform or any
third party. The sale, barter, assignment, or other disposal of any Coins, other than by us, is
expressly prohibited.
• Accrued Coins do not constitute property and are not transferable upon death or
otherwise, including by operation of law.
• Coins and Gifts associated with your account will be extinguished once you delete
your account from our Platform.
• COINS WILL EXPIRE AND BE AUTOMATICALLY FORFEITED IF NOT USED WITHIN SIX (6)
MONTHS (182 DAYS) FROM THE DATE OF PURCHASE. NO REFUNDS OR COMPENSATION WILL BE PROVIDED FOR EXPIRED
OR FORFEITED COINS.
Purchasing Gifts
• Gifts constitute a limited license to certain digital products and services. The
number of Coins using which you can acquire each Gift will be displayed on our Platform. We have the
right to revise this at our sole discretion.
• Gifts cannot be converted into or exchanged for Coins or cash or be refunded or
reimbursed by us for any reason.
• Gifts exchanged or received by any user do not constitute property and are not
transferable upon death or otherwise, including by operation of law.
• We may replace previously exchanged copies of Gifts, if we determine in our sole
discretion that the Gifts exchanged or received by a user are corrupted or otherwise damaged. We will
not charge additional fees for reissuing a corrupted or otherwise damaged Gift.
• You are not permitted to use any Gift or Coin in lieu of receipt of any goods or
services from any user on the Platform or otherwise.
Your Commitments
By using our Services, you agree and acknowledge the following:
- 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 and gender
to use our Services. You will not falsely represent yourself as another person or representative of
another person on the Platform. You will not use our Platform to deceive others or spread false
information, misinformation or content which misleads users about its origin.
- 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. You will be
responsible for all content posted by any account linked through these means.
- Content Removal and Termination:If any of our users report your content which
violates the Terms, we may remove such content from our Platform. We reserve the right to suspend or
terminate your account and block you from re-registering with us if your content violates the Terms.
- Respecting the Rights and Privacy of Other Users: You must respect the rights
and privacy of others. You will not share any content that belongs to another person without their
permission, or otherwise 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 rights.
You will not post content that invades the privacy of another person or harasses users based on
their gender, race, religion, caste, or ethnicity. You will not create or share content that
promotes hatred or incites violence between different groups.
- Respecting HARMONI CALLING's Intellectual Property Rights: HARMONI CALLING owns all
rights to the Platform, including all related brands, content, software, features, and technology.
You agree to respect HARMONI CALLING’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 HARMONI CALLING'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 that interact with the Platform or user content without
our written permission.
- Platform Not to be Used For Anything Unlawful or Illegal:You shall not use our
Platform to share any content which is:
• Obscene, pornographic
• Harmful for minors, or paedophilic
• Discriminatory or involves hate speech, or incites any form of violence or hatred against any
persons
• Threatens national security, unity, integrity, defence, security, sovereignty, or international
relations
• Promotes gambling, online gaming, or money laundering
• Interferes with law enforcement activities, or otherwise uses the Platform for any illegal
activities
• Otherwise violates any laws in force.
- Content Rights and Liabilities: We strongly believe in the freedom of expression
and allow you to share photographs, images, videos, and other content on our Platform. We do not
have any ownership over any of the content shared by you and the rights in the content remain only
with you.
You remain solely responsible for the content you post on our Platform. We do not endorse and
are
not responsible for any content shared or posted on or through our Platform, and for any
consequences resulting out of such sharing or posting. The presence of our logo or any trademark on
any content shared by you does not mean that we have endorsed or sponsored your content.
We will not be liable or responsible for the consequences of any transactions made or entered into
by you with other users of the Platform or advertisers on the Platform
HARMONI CALLING may access, review, and remove your content at any time for any reason,
including to
improve our Services or if we believe your content violates these Terms or applicable laws.
You may delete your content and/or account at any point. However, your content 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 your content, please read the HARMONI CALLING Privacy
Policy.
- 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. HARMONI CALLING 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.
- 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, HARMONI CALLING Privacy Policy, and
HARMONI CALLING Terms of Use for accessing and using our Platform. Our role is limited to providing
a platform for users to upload, share and display content, created or shared by you and other users.
Content on the Platform is primarily created by users and third parties. While HARMONI CALLING
reserves the right to review and remove content, we do not review all content posted 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 content or accounts that violate our Terms 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 content, information, or account.
- You Will Not Attempt to Disrupt or Jeopardise HARMONI CALLING 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.
Broadcast
As part of the HARMONI CALLING platform we provide the Broadcast feature which allows
you to broadcast real-time videos, audios of yourself on the platform. Other users can participate in
live videos, audio broadcasted by you thus allowing for real-time communication.
All content uploaded using the Broadcast feature is subject to the HARMONI CALLING Terms and Privacy
Policy. We reserve the right to immediately remove any content uploaded using this feature which is in
violation of these Terms.
We may, from time to time, add, remove or alter the functionality of the Broadcast
feature. We may also discontinue the Broadcast feature from the HARMONI CALLING platform at any time. We
do not warrant that the Broadcast feature will be error-free or always available, the Broadcast feature
will always function without disruptions, or any content posted by other users using the Broadcast
feature will be accurate. We provide the Broadcast feature for you to interact on a real-time basis with
other users but you shall not misuse the feature to upload content that is prohibited under the HARMONI
CALLING Terms and Privacy Policy. We do not warranty the continued availability of this feature.
PERMISSIONS YOU GIVE TO US
You accept these Terms and give us certain permissions so that we can serve you
better. Permissions you grant to us are:
- Licence to content: By creating/sharing/posting/uploading content using our
Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide
licence to host, use, distribute, run, copy, publicly perform or display, translate, and create
derivative works of your content (consistent with your privacy and application settings).
- Automatic Downloads and Updates: We are constantly updating our Platform and
Services offered. To use our Platform, you may need to download the HARMONI CALLING
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 HARMONI
CALLING mobile application to your mobile device each time such update is generated.
- WHAT HAPPENS IF WE DISAGREEIn all cases, you agree that disputes will be subject to
the laws of India and the courts of Trichy shall have exclusive jurisdiction over all such disputes.
- GRIEVANCE REDRESSAL AND REPORTINGAs 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 HARMONI CALLING
- Various mechanisms for grievance redressal are given below:
1. 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.
2. You can send an email to support@harmonicalling.com with your concern or complaint.
3. You may contact the Grievance Officer at any of the following:
Name: Mr. Gopinath
Email: support@harmonicalling.com
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.
In the event 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 the charges or amounts paid to us for use of the
Platform or the Services in the month preceding the date of the claim.
ASSIGNMENT
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.
TERMINATION AND SUSPENSION
You may terminate these Terms by deleting your account from the Platform. HARMONI CALLING reserves the
right to restrict, suspend, terminate, or take other appropriate action impacting your access to the
Platform if you fail to comply with these Terms, 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 Terms and Privacy Policy, we will notify you of any restriction, suspension, or
termination and provide an opportunity to appeal our decision.
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 under this Agreement;
- (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.
UNSOLICITED MATERIAL
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.
Prohibition of Child Sexual Abuse and Exploitation (CSAE)
1. Zero-Tolerance Policy
Our platform strictly prohibits any content, activity, or behavior that involves
the sexual abuse, exploitation, or endangerment of children. This includes but is not limited to:
- Sharing, uploading, or distributing child sexual abuse material (CSAM), including any images,
videos, or texts that depict or exploit minors.
- Grooming or attempting to engage minors in sexually explicit conversations, interactions, or
exploitation.
- Any conduct violating the POCSO Act, 2012, IT Act, 2000, and other applicable Indian laws.
2. Reporting and Compliance
- Any user encountering such content must report it immediately using the in-app reporting feature or
by contacting our Grievance Officer (contact details below).
- We actively cooperate with Indian law enforcement agencies, including the National Crime Records
Bureau (NCRB) and Interpol, for investigations related to CSAE.
- In compliance with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we
will take down any reported content within 24 hours and preserve necessary records for legal
authorities.
3. Enforcement and Actions
- Any user found violating these policies will face immediate account suspension, permanent ban, and
legal action under relevant Indian laws.
- We may also report such users to relevant authorities, including the Cyber Crime Portal
(www.cybercrime.gov.in) and law enforcement agencies.
4. Protection and Safety Measures
- We use AI-based detection and human moderation to prevent the circulation of CSAM.
- Our app has age verification and parental control features to protect minors from exploitation.
- Users engaging with minors are required to follow strict child safety guidelines.
5. Contact and Reporting
If you come across any violations of this policy, please report them immediately:
GENERAL
- 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 profile, such
failure to enforce our rights will not be a waiver by us.
- We reserve all rights not expressly granted to you.
