Terms of Use

Terms of Use

Effective date: 18th April 2020

The Terms of Service define the rights and obligations of the parties when using the Application. The terms of use mentioned hereinafter are legally binding on the User and Different Angle 42 Private Limited, the parent company of Datsme. By signing up for our services, through any of the mediums specified on our sign-up page, designates you the status of a ‘User’ and you are deemed to have accepted the terms and conditions of the agreement listed below which may be revised from time to time. You understand and agree that you are bound by such terms till the time you access our services.

Terms of Use will be updated from time to time. The discretion for the same lies with Datsme. The applicable version of the Terms and Use is the one that is available on the latest update of the Datsme App and our website. The continuation of usage of the app by the user after any revision indicates the User’s acceptance of the updated/revised Terms of Use.

At Datsme, we provide a compatibility score based on the questions answered by the user (hereby referred to as services). Datsme may offer additional services or revise any of the Services, at its discretion at any future date in which case these Terms and Conditions shall apply to all additional services or revised Services. Datsme reserves the right to cease any of the services that is present on the site

These Terms of Service (TOS) determine the main rules of use for the Application. They are supplemented by the Privacy Policy in order to provide the User with a clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these Terms of Service shall prevail over the Privacy Policy. 

Should any provision of these Terms of Service be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these Terms of Service become distorted, or the obligations of the parties significantly thrown out of balance. 

1. Use of Site and Services:
  1. Eligibility of Use
  2. In order to become a User, all of the following conditions must be met:

    • The user must be an adult as specified by Indian law (minimum of 18 years old on last birthday).
    • Must have honestly and truthfully filled out the Facebook profile information or directly in the Application in the case of registration via a cell phone number. The User must have provided the first name, gender and date of birth shown in his or her personal information. Failing that, the User agrees to correct any errors on his or her Facebook profile, and to activate syncing of information between his or her Facebook profile and his or her Account. At the same time, the User agrees to provide a valid email address
    • By signing up for the Datsme app, the user is agreeing that he is not convicted of any offence under Indian Law. By logging into the app, the user is granting Different Angle 42 Private Limited, the right to carry out background checks using public records to confirm the possibility of a criminal background
    • The user agrees to regularly update the information provided when accessing his or her Account from the Application
    • The user agrees to have read these Terms of Service and have accepted them when confirming his or her registration
    • DATSME does not have a legal obligation or the technical resources to verify the identity and age of Users. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, DATSME shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the User’s profile
    • For the duration of the investigation, DATSME reserves the right to suspend the Account of any User giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The User will be informed of the suspension of his or her Account via the application and/or by email to the address given by the User. Should the User be unable to provide said proof, or in the case of a proven offense under these Terms of Service, DATSME may terminate the Account of the User in question
    • To access the main features of the app, the user has to answer the initial set of questions presented to the user. The compatibility score is based on an algorithm has been tested on users but is not infallible
    • The User agrees to have only one single account. Failing that, DATSME may terminate the additional accounts 
  3. User’s Obligations
  4. In order to remain a User, all of the following conditions must be met: 

    • Be honest and truthful in his or her statements
    • Only post photos and/or profile information that allow a User to be easily identified, excluding photos and/or information in which third parties or items with no connection to the person or User appear, such that DATSME reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements
    • Refrain from posting any confidential information about others such as financial data
    • Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity
    • Respect the private nature of content and conversations exchanged with other Users through the Application, and therefore refrain from disclosing the content of such Messages to third parties
    • Refrain from violating intellectual property laws
    • Refrain from disrupting public order
    • Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature
    • Comply with current laws and regulations
    • Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity
    • Refrain from infringing upon accepted etiquette and standards of politeness with other Users
    • Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.
    • Refrain from using robots or tools other than those provided by DATSME when using the Application to contact other Users
    • Refrain from using the Application to arrange professional services (escort or other similar services)
    • Refrain from approaching other Users with the aim of promoting paid services or products
    • Refrain from disclosing his or her login information to other Users, particularly the user name and password to his or her Account
    • Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition
    • Refrain from using the Application to organize gatherings or demonstrations
    • The User shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the DATSME application

    The User is only liable for his or her own actions and for the data that he or she publishes via the Application. DATSME shall not be held liable for any failure by the User to comply with its obligations. The User agrees to hold DATSME harmless against any conviction made regarding the User’s infringement of the law or of these Terms of Service

    The User undertakes that they won't engage in any sort of activity that tantamount to any sort of harassment against any Datsme employee. Datsme reserves the right to take action against any such User.

    The user also has the obligation of Reporting the incidents of abuse of Terms of Use by any other member that is in the knowledge of the User. The User can notify Datsme by using the information given in the ‘Contact Us’ Section

  5. Personal Use
  6. The User agrees to use the Application solely for personal use. The User shall not give the access of the account to anyone else. The account is a non-transferrable one and cannot be transferred to a person/entity.

    Datsme does not take responsibility for any third-party access that takes place due to theft, misappropriation of usernames and passwords and hacking.

    DATSME network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the DATSME inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of DATSME’s competitors. 

  7. Photos
  8. All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the User’s Account, in addition to any other penalties that may be imposed by the courts.

  9. Real-life Meet-ups
  10. DATSME advises Users who wish to arrange “real-life” meet-ups to be vigilant. Users are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of DATSME and are the sole responsibility of Users.

    DATSME cannot be held liable for any acts or problems of any type which have been committed or caused by Users and/or former Users when such events occur following use of the Application. To ensure that Users remain safe and free from harassment, DATSME enables Users to decide which people should be allowed to talk to them by either accepting/rejecting their friend requests.

    As regards the people with whom the User has agreed to exchange Messages, it is recommended that Users do not too readily reveal information which is not included in the profile such as a phone number, address or any other personal information.

    For safety reasons, DATSME strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Users disclose their contact information only after a reasonable period of time.

  11. Account Management
  12. The User must regularly consult his or her inbox and notifications, which DATSME will use to keep the User updated on information pertaining to its Services. This information may also be sent to the User’s email address obtained during registration.

    The User may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The User is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the User shall specifically hold DATSME harmless against any communication, use or declaration made using his or her Account.

  13. Geographic boundaries
  14. The DATSME app is currently available for Users within India. At some time, DATSME may be made open to other geographical locations as well and the same will be made known to the Users through notifications/ intimation on the Site.

    The User agrees that app will be used in a manner consistent with this Terms and Conditions and any and all applicable local, state, national and international laws and regulations, including, but not limited to, the location where the User is located or is a national of.

    By using the Datsme app You represent that you have not been designated by any applicable law or regulation as a person/entity to whom the provisions of the Services of the app cannot be provided and who is prohibited from receiving the Services.

    Registration for, and use of, the Services become void if the same has been prohibited and the User uses or registers with the Site. The responsibility of determining whether the user of the Services is legal in your jurisdiction

  15. User’s Liability
  16. The User is responsible for all the information submitted on the DATSME app. The liability of the user lies in the following regards:

    • the information that the user provides in his bio that is displayed on the app
    • the answers that the user provides to the initial questionnaire
    • anything that the user posts on the Datsme app
    • allowing DATSME to access the geographical location of the user
    • the interaction of the user with other users on the app
    • tags/interests selected by the user to be displayed on their profile
    • Any other functionality of the app that entails the user to enter information
2. Updates:

DATSME reserves the right, unilaterally and at any time, to add to or amend these Terms of Service as we see fit or to terminate the Services. The User will be informed of updates to the Terms of Service via the Application and/or by email sent to the address provided by the User. It is the User’s responsibility to ensure that this email address is valid.

It is the User’s responsibility to carefully read the updated Terms of Service and to be fully aware of any changes ensuing from said updates. Complete acceptance of the changes is implied by the User’s continued use of the Application’s Services following the updates.

Should the User not agree with changes made to the Terms of Service, he or she has the option to end the Services and delete his or her Account.

All new versions of the Terms of Service shall be effective immediately for all Users as soon as they get published on the website.

3. Dispute Resolution:

In the case of dispute, the User agrees to contact DATSME directly in writing (by email or letter, to the email or postal address provided in the ‘Contact Us’ section) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

In the case of failure, the User is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the Government of India.

Any challenge or dispute related to the formation, interpretation, performance or expiry of these Terms of Service or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts of Delhi (India).

4. User Registration:
  1. Download Options
  2. The DATSME App is available on the Apple and Google official download platforms. It can be downloaded free-of-charge from the Google Play Store, and Android Smartphones running version 5 or higher. 

  3. Social Media
  4. The user may use his social media account to sign up for the Datsme app. It is notified that Datsme is in no ways responsible for the privacy practices of these other websites. There might be some release of information about the User from the social media website that may be used by Datsme. The user provides consent to the use of such information by Datsme

5. Services Offered:
  1. Features
  2. The Application provides DATSME Users with a user-friendly view/setting in which they can contact other Users in the same area or Users with whom they share similar interests on the basis psychology and compatibility, in order to set up virtual or real-life meetings for personal and recreational purposes.

    Each User is free to talk to and develop relationships with other Users in compliance with these Terms of Service and the law.

    The Services offered by DATSME may in no case be likened to a counselling or marriage bureau service. Its sole aim is to facilitate virtual or real-life meet-ups through the Application between Users with mutual interests, according to their locations and preferences with an additional factor of psychology.

  3. Offerings
  4. Some of DATSME’s services are available on the Application are free of charge (apart from connection and telecommunications costs) for Users who agree to comply with these Terms of Service, including:

    • Sending/receiving friend requests.
    • Sending of Messages and Images when someone accepts a friend request.
    • Viewing of other Users’ profiles.
    • Exploring other profiles on the Datsme View.
    • Confidentially blocking all Users whose conduct justifies such an action.
    • Confidentially reporting all Users whose conduct is contrary to the Terms of Service or applicable law.
    • Viewing the list of Users previously blocked.
    • Exploring users on Map Mode.
    • Searching the list of Users with whom he or she shares similar interests.
    • Access to the psychological questionnaire.
    • Viewing their psychological compatibility with other users of DATSME.
    • Configuring his or her search criteria.
    • Receiving notifications.
    • Inviting friends.
    • Consulting the FAQ and Tutorials.
    • Sending/Receiving Hi-5’s to friends via messages
    • Completing his or her profile in compliance with the Terms of Service.

    Charged services provided via the Application are subject to change and are available to Users after purchasing DATSME Premium subscription, the conditions of which are set out in ‘Premium Services’ Section of these Terms of Service. 

6. Personal Data Protection/Privacy:

DATSME is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy carefully to better understand how we process your personal data, available by clicking on the following link:

7. DATSME’s Obligations and Liability:
  1. Technical Resources and Security
    • DATSME cannot be held liable for any operating fault on the User’s device or for any compatibility issue between the Application and the device.
    • DATSME is not responsible for any failures, interruptions or poor performance of the User’s internet provider Services, or for any cause beyond DATSME’s control which might interrupt or have an adverse effect on access to DATSME Services.
    • The User must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the User’s Account may be vulnerable to fraud. 
    • DATSME shall also endeavour to avert Users of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by DATSME. The User must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to DATSME by an email to the address provided in the ‘Contact Us’ Section
  2. Illegal Conduct:
  3. DATSME and its partners cannot be held liable for actions by its Users which are illegal or which incur criminal penalties, including but not limited to:

    • All types of scams
    • All activities of a commercial or professional nature,
    • Prostitution,
    • Identity theft,
    • An infringement of a third-party intellectual property right,
    • An infringement of personal rights, such as image rights and the respect of the right to privacy
  4. Duty of Caution
  5. The User is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. DATSME may not be held liable for any problems whatsoever arising from a “real-life” meet-up.

  6. Group Events
  7. Any use of DATSME Services to organize a group meeting of its Users constitutes a misuse of the Service. This is why using the Application to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, DATSME may not be held liable in the case of a public order offense or any damage caused by such meeting.

8. Premium Services:
  1. Purchase of DATSME Premium Subscriptions
  2. Each User may also sign up for a DATSME Premium subscription at any time. Premium Users have access, in addition to free services, to additional services reserved for subscribers. 

    Subscription offers allow access to DATSME Premium for a period corresponding to that of your subscription.

  3. Payment Terms
  4. Payment is due for the entire period of subscription at the time when the DATSME Premium contract is concluded. Payment is processed and managed by the Google Play Store depending on your device. DATSME has no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations. Consequently, the Google Play Store alone is liable for their payment terms and processes.

    This is why DATSME has no control over reimbursement of your purchase. Any requests related to payment must be sent to your Store.

    DATSME does not collect any banking information. Your bank details are collected and processed directly by Google and remain outside of DATSME’s control.

9. Communication with the Users
  1. E-mail / Newsletter
  2. Datsme may send occasional e-mails to users, including but not limited to:

    • Notifications to Users regarding changes to the services
    • Newsletters
    • Third party promotions

    The users can opt out of these communications by time by clicking on the “unsubscribe” link provided in the e-mail sent by DATSME

    DATSME may also contact the Users telephone to convey some important information regarding the services. It is optional for Users to provide their contact number

  3. Push Notifications
  4. The User may also receive push notifications through the Application to notify him or her of important events, including but not limited to: 

    • A friend request received from another User,
    • A Message or image received from another User,
    • A Message from DATSME relating to the User’s Account and/or Services.
  5. Advertising and Promotional Messages
  6. DATSME is free to post, within the scope of execution of the contract and through the Application, advertising and promotional messages from advertisers and any other partner.

10. Invitations/Shares
  1. Inviting Friends
  2. DATSME allows its Users to invite friends to join the Application in order to widen the network. In return, Users may receive some additional benefits from DATSME, details of which shall be mentioned in the ‘Invite Friends’ section of the app.

  3. Benefits
  4. DATSME reiterates that the benefits obtained from this optional feature are simple benefits solely for use as part of the Application. DATSME in no case promises Users entitlement to any direct financial gain as a reward.

11. Intellectual Property

The usage rights granted by DATSME to the User are restricted to private and personal use. Any other use by the User is prohibited without DATSME’s prior, express and written authorization. 

The original works provided by DATSME are exclusively owned by DATSME. DATSME holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the Application’s slogan and logo or the content and Services provided by the Application, such as the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without DATSME’s prior, express and written authorization, and may give rise to legal proceedings.

The User shall retain ownership of any content and personal data that he or she provides. The User shall hold DATSME harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The User shall hold DATSME harmless against any claims or damages which may result from it including, but not limited to, requests for compensation. 

12. Counterfeiting

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. DATSME reserves the right, in this case, to serve a writ on the User in question in view of obtaining compensation for the injury caused by the User.

Additionally, the User who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties. 

13. Termination
  1. Account Paused by the User
  2. The User may pause his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

    Once the account has been paused:

    • The User’s profile will be made invisible to other Users
    • There will be no change to the legal obligation for data retention
    • In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again
  3. Uninstallation of the Application by the User
  4. The User may uninstall the Application from his or her cell phone at any time without notice. Consequently, the User shall have no further access to the Application unless he or she downloads it again.

    Once the application has been uninstalled:

    • The User’s profile will be made invisible to other Users
    • There will be no change to the legal obligation for data retention
    • In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again
    • However, it is recommended that you log out of the Application before uninstalling it. By default, the User’s profile remains accessible for the 24 hours following uninstallation
  5. Deletion of the Account by the User
  6. The User may decide, at any time and without notice, to permanently delete his or her Account by going to the ‘My Profile’ > ‘Settings’ > ‘Delete my account’.

    Consequently, the User’s profile will be permanently deleted. Further, the Premium User who decides to delete his or her Account can terminate their access to DATSME Premium by contacting the Google Play Store

    Should the User wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

    Once the Account has been deleted:

    • The User’s profile will be made invisible to other Users.
    • The User’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon DATSME (refer Privacy Policy) and shall be permanently deleted thereafter.
    • The User cannot reactivate his or her old Account. 
  7. Suspension/Termination of the Account by DATSME in case of breach of Terms of Service
  8. In the event of breach of the Terms of Service or a legal provision by the User, DATSME has the right to terminate the contract, effective immediately and without prejudice. DATSME is not required to justify its decision to terminate to the User.

    In all cases, no reimbursement will be made if the User is a DATSME Premium subscriber or has purchased Packs. DATSME will be entitled to suspend a User’s account as long as necessary to allow DATSME’s customer service team to make all investigations necessary following the report as required in case of presumed breach of Terms of Service which may be remediated.

    The User whose Account is suspended will be informed by DATSME of such a decision by way of a notification on the Application and/or by email. The User is invited to contact DATSME customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.

    If within 30 days following the notification of the account suspension, the User has not contacted DATSME customer service, or if the elements given by the Users did not help to remedy the breach, DATSME will be entitled to notify the User of termination of his or Account via the Application and/or by email and inform the User of the period in which he or she cannot re-register for the Application. Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

    Upon Termination of the Account:

    • The User’s profile will be made invisible to other Users
    • Account is terminated shall be definitively deleted without the possibility to claim any reimbursement
    • The User will not be able to create another account for a maximum 1-year period from the notification of the Account termination 
  9. Termination of Inactive Accounts by DATSME
  10. DATSME will delete all the inactive accounts persisting on DATSME’. An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

    • The Application of the User did not establish contact with DATSME’s servers (including because of deactivation of the geolocation process); and
    • The User has not used the Application. In any event, the Account of a Premium User is not considered inactive.

    The User will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

    During the period of notice, the User may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the User’s profile will then be preserved.

    At the end of the period of notice and in the absence of a contrary intention expressed by the User, the Account will be automatically deleted by DATSME.

    Once the Account has been deleted:

    • The User’s profile will be made invisible to other Users.
    • The User’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon DATSME (refer Privacy Policy) and shall be permanently deleted thereafter.
    • The Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.
    • The User will not be able to reactivate nor request reactivation of his/her old Account. 
14. Jurisdiction and Governing Law:

Any claim against these terms of use shall be governed under Arbitration and Conciliation Act, 1996 by a sole arbitrator that will be appointed by Datsme. The proceedings shall be held in courts in Delhi in the English language. The courts in Delhi have the exclusive jurisdiction with regards to the matter mentioned above.

15. Severability

If any part in a particular section of the Terms of Use is deemed invalid by the courts, the part that is not deemed illegal in the section will remain in force until the Terms of Service are updated to remove the invalid section

16. Unforeseeable Circumstances:

Datsme cannot be held liable for the provisions under this Terms of Service in case of major unforeseeable circumstances such as acts of God, fires, civil unrest, changes in laws etc.

17. Confidentiality:

Neither DATSME nor the User are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.

18. Contact Us:

DATSME may be contacted by mail at DATSME, Unit 419, Technology Business Incubator, NSUT, Delhi – 110078.

Users may also contact DATSME by email at the following address support@datsme.io

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