Terms of Service

Version: 0.1 (draft for advocate review)

In short

Privé is operated by POLYMATH COGNITIVE, a partnership firm in Jaipur, India. By using Privé you agree to these Terms.

You must be 18 or older. This applies to Fans and Creators alike.

Coins are a limited licence to use paid features in Privé. They are not money, not a deposit, not a wallet balance, and cannot be cashed out or transferred by Fans.

Creators set their own prices and are responsible for what they offer. We provide the platform and handle payments. We are not a party to the interaction between a Fan and a Creator.

Most coin spending is final. The exceptions are the automatic refunds in the Coins, Payments and Refunds Policy.

We may remove content or suspend accounts that break these Terms or the Community Guidelines.

Our liability is capped, as set out in section 18. Indian law applies, and the courts at Jaipur, Rajasthan have exclusive jurisdiction.

1. About these Terms

1.1 Who we are. Privé (the "App", including its websites and services) is owned and operated by POLYMATH COGNITIVE, a partnership firm constituted under the Indian Partnership Act, 1932, with its registered office at S-300-H, Scheme 4-S, Macheda, Jaipur, Rajasthan, India. Sanstha Aadhaar Number (Rajasthan): 8005220006002779. In these Terms, "we", "us" and "our" mean POLYMATH COGNITIVE.

1.2 Agreement. These Terms are a binding agreement between you and us. You accept them when you tick the acceptance box at sign-up, or when you use the App. If you do not agree, do not use the App. We keep a record of the version you accepted, with the time and the device it came from.

1.3 Other documents. These Terms include, by reference, the following documents:

If any of these conflicts with these Terms on its own subject, it prevails on that subject. Otherwise these Terms prevail.

2. Definitions

"User" or "you" means anyone who creates an account or uses the App.
"Fan" means a User who uses the App to follow Creators and pay for their features.
"Creator" means a User whose creator application we have approved, and who offers content or interactions through the App.
"Coins" means the units described in section 6.
"Content" means anything posted, sent, streamed or uploaded through the App: text, photos, GIFs, video, audio, voice notes, live streams, comments and profile information.
"Paid Feature" means anything in the App priced in Coins. This includes paid messages, locked posts and media, calls, live entry, subscriptions, gifts, wishlist contributions and service requests.
"Applicable Law" means the laws that apply to you, to us or to the matter in question. These include the Information Technology Act, 2000 (the "IT Act") and the rules under it, the Digital Personal Data Protection Act, 2023 (the "DPDP Act"), and the Consumer Protection Act, 2019 and the rules under it.

3. Eligibility

3.1 18+ only. You must be at least 18 years old, and of legal age to make a binding contract where you live. When you sign up you confirm that you are 18 or older, and we record that confirmation. We do not knowingly allow anyone under 18 to use the App.

3.2 Ending under-18 accounts. If we have reason to believe a User is under 18, we will suspend the account and may delete it. See the Child Safety Policy.

3.3 Who may not use the App. You may not use the App if:

we have previously suspended or removed you, unless we agree otherwise in writing;
you are barred from receiving the services under Applicable Law; or
using the App would break the law where you are.

3.4 Availability by country. We launch in India first and may expand to other countries. Some features, prices or payment methods may not be available everywhere.

4. Your account

4.1 Accurate details. You must give accurate details and keep them current. One person may hold one Fan account. A Creator may hold one Creator account.

4.2 Security.

Keep your password private. You are responsible for activity on your account unless it results from our failure to protect it.
Tell us at once at hi@prive.buzz if you suspect unauthorised use.
We verify your email with a one-time code. Some sensitive changes also need a code sent to your email, or your password.

4.3 Handles. Creator handles become public web addresses. We may refuse or reclaim a handle that is reserved, misleading, infringing or impersonating.

5. How Privé works and our role

5.1 The platform. Privé lets Fans follow Creators and pay, in Coins, for Paid Features that Creators choose to offer. Creators set their own prices and decide what to offer.

5.2 Our role.

We provide the technology. We sell Coins and record how they are spent.
We are not a party to any arrangement between a Fan and a Creator, beyond facilitating the Coin payment.
We do not employ Creators and do not control, endorse or guarantee their Content, conduct, availability or quality.
Approval of a Creator account is not an endorsement.

5.3 Intermediary status. For Content posted or sent by Users, we act as an intermediary under section 2(1)(w) of the IT Act. We follow the due-diligence requirements of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the "IT Rules"). We do not start the transmission of User Content, select its receiver, or select or modify the information in it, except as needed to:

operate the App;
apply these Terms; or
comply with law, for example to remove unlawful Content.

5.4 Following before paying. A Fan must follow a Creator before messaging, calling, paying or sending a request to them.

6. Coins

6.1 What Coins are. Coins are a limited, revocable, non-exclusive, non-transferable licence to use Paid Features in the App. They are:

not money, legal tender, a deposit, a stored-value instrument, a wallet balance or a prepaid payment instrument;
not your property; and
not redeemable for cash by Fans, except where the law requires it.

6.2 Buying Coins.

In India, Coins are priced at ₹1 per Coin, plus a platform fee and GST. Both are shown as separate lines before you pay.
At current settings the platform fee is 20% of the Coin price, and GST is 18% of the Coin price plus the fee. For example, 100 Coins cost ₹141.60.
Payment is processed by Razorpay.
Full details, limits and rates in other currencies are in the Coins, Payments and Refunds Policy.

6.3 No expiry. Coins in your balance do not expire while your account remains open.

6.4 No transfer. You may not sell, transfer, gift outside the App's features, or exchange Coins or accounts. Coins obtained through fraud, chargeback abuse, a bug or an error may be removed.

6.5 Account closure. If you delete your account, any Coins left in your balance are forfeited, and the App tells you this before you confirm. A Creator's unpaid earnings are not forfeited: they are paid out in a final payout (Creator Agreement §14). If we close your account, section 15.4 applies.

6.6 Changes. We may change Coin prices, fees and the price of features we set. A change never affects Coins you have already bought, or a Paid Feature already paid for.

7. Paid Features

7.1 Prices. Creators set the price of their Paid Features. The price is shown before you confirm. If the price changes between the moment you open a screen and the moment you pay, the App asks you to confirm again.

7.2 Delivery. Coins are deducted when you confirm a Paid Feature. Some Paid Features hold your Coins until a later event:

calls hold Coins until the call is settled. A call that never connected is refunded in full; once a call has connected, nothing is refunded, whoever ends it;
live bookings hold Coins until the live starts;
service requests hold Coins until the Creator accepts.

The rules for each are in the Coins, Payments and Refunds Policy.

7.3 Subscriptions are prepaid passes for a fixed period of 30, 90, 180 or 360 days. They renew automatically in Coins at the Creator's current price unless you switch auto-renew off; without enough Coins, a pass ends instead. Cancelling, which is switching auto-renew off, stops nothing early: you keep access until the pass ends, and no Coins are refunded. Subscriptions are not refunded in any case.

7.4 What you get. Unlocking Content gives you a personal, non-transferable, revocable licence to view it in the App for your own non-commercial use. It does not give you ownership or any right to copy, download outside the App's features, share or resell it.

7.5 Final. Except as set out in the Coins, Payments and Refunds Policy, spending Coins is final.

8. Calls, lives, chat and view-once

8.1 Calls and live streams are real-time and run through our technology provider, Agora. We do not record calls. Call quality depends on your device and network.

8.2 Paid messages are charged when sent. Deleting a message, for yourself or for everyone, does not refund it and does not reverse what the Creator earned.

8.3 View-once items open once.

The App blocks screenshots and screen recording where the operating system allows. On Android, screenshots and recordings are blocked. On iOS, they appear black.
If a screenshot is still detected, the sender is told.
No technology can stop someone photographing a screen with another device.

8.4 Viewed in the App only. Subscriber-only posts, paid posts, view-once items, paid photos and videos in chat, and live streams can only be viewed in the App. On our website you can still unlock posts, subscribe, buy live entry and add Coins; the website then shows that the item is ready in the App, not the item itself. A Creator can see their own posts and the media they sent on the website.

You must not capture, record or keep a copy of view-once items, calls or lives, whatever method you use. See the Community Guidelines.

9. Your conduct

You must follow the Community Guidelines. In particular, you must not:

post or send Content that is unlawful, or that falls within Rule 3(1)(b) of the IT Rules: for example, Content that is obscene, pornographic, paedophilic, invasive of privacy, harassing, defamatory, harmful to children, infringing, deceptive, impersonating, a threat to India's sovereignty or public order, or software viruses;
offer, request or arrange sexual services, or any off-platform meeting or payment;
harass, threaten, stalk or exploit anyone;
use the App if you are under 18, or involve a minor in any way;
scrape, reverse-engineer, interfere with or overload the App, or get around its security, payment or screen-capture protections;
use stolen payment methods, abuse chargebacks, or launder money;
create accounts to avoid a suspension or a block.

10. Your Content and the licence you give us

10.1 You own your Content. You keep ownership of your Content.

10.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, process, adapt for technical purposes (for example compression, previews and blurred thumbnails), transmit, display and make available your Content. The licence:

is only for operating, securing, improving and promoting the App;
covers delivering Content to the people you choose and, for public profile Content, showing it on Privé's share pages;
ends when your Content is deleted from the App, except for:
copies Fans have bought, which stay available to them as described in section 15;
backups for a limited period;
records we must keep under law or for safety, disputes and reports.

10.3 Your promises. You confirm that:

you have all rights and consents needed for your Content, including the consent of every identifiable person in it;
every person in it is 18 or older;
your Content does not break the law or these Terms.

10.4 No duty to monitor. We do not review all Content before it appears and have no general duty to monitor it. We act on reports and on our own detection, as described in the Community Guidelines.

11. Removing Content and acting on accounts

11.1 What we may do. We may remove or disable access to Content, restrict features, cancel bookings, or suspend or close accounts if:

the Content or conduct breaks these Terms or Applicable Law;
we are required to by a court or government order; or
it is reasonably needed to protect Users or the App.

11.2 Notice. Where the law requires, or where it is safe and practical, we will tell you what we did and why, and how to appeal through the Grievance Redressal Policy.

11.3 Legal timelines. We follow the timelines the IT Rules set, including:

disabling Content within 36 hours of a court order or a notice from the appropriate government;
acting within 24 hours on a complaint about non-consensual intimate imagery;
providing information or assistance to an authorised government agency within 72 hours of a lawful order.

12. Staff access to private communications

Authorised staff may access private conversations, calls metadata and Content to:

investigate reports, fraud, payments and disputes;
comply with law; and
enforce these Terms.

Every such access is logged. See the Privacy Policy.

13. Third-party services

The App relies on third parties, including Razorpay (payments), Agora (calls and lives), Google Firebase and Apple (notifications), Amazon Web Services (hosting and storage) and GIPHY (GIF search). Their terms may also apply to you. We are not responsible for third-party services we do not control.

14. App stores

If you downloaded the App from the Apple App Store or Google Play:

these Terms are between you and us, not the store;
the store has no obligation to provide support or maintenance; and
the store and its affiliates are third-party beneficiaries of these Terms who may enforce them against you.

15. Deleting your account; suspension

15.1 Deleting your account. You can delete your account in the App, under Settings. A deletion page on the website is also available at an address to be published. You must first finish any open payout, live stream or call. A Creator with unpaid earnings must first add bank details so the earnings can be paid, or choose to give them up. The App shows you what will happen before you confirm. The Privacy Policy explains what is erased and what we keep.

15.2 Effect on others.

If a Creator deletes their account, Fans' running subscription passes end then, and are not refunded.
Posts already bought stay available to their buyers.
Messages remain visible to the other person under "Deleted user".

15.3 Suspension or closure by us. We may suspend or close your account under section 11. When we suspend an account:

ongoing calls are ended and settled (a connected call is not refunded);
held Coins for pending service requests are returned to Fans;
scheduled lives are cancelled and their bookings refunded.

15.4 Coins after closure by us.

If we close your account for a serious or repeated breach, fraud or unlawful activity, unused Coins are forfeited to the extent the law allows.
If we close it without any fault on your part, we will refund the Coins you paid for and have not used, at the price you paid.

15.5 Survival. Sections 6.1, 6.4, 7.5, 10, 12 and 16–22 continue after your account ends.

16. Disclaimers

The App is provided "as is" and "as available". To the extent permitted by law, we do not promise that:

the App will be uninterrupted, error-free or secure;
any Creator will be available, respond or meet your expectations; or
any Content is accurate, lawful or suitable.

Nothing in these Terms limits any right you have under the Consumer Protection Act, 2019, or any other law that cannot be excluded.

17. Indemnity

You will indemnify and hold harmless POLYMATH COGNITIVE, its partners, employees and agents against third-party claims, and the losses, fines and reasonable legal costs that result, arising from:

your Content;
your breach of these Terms or of Applicable Law; or
your dealings with other Users.

This does not apply to the extent a claim results from our own breach, negligence or wilful misconduct.

18. Limitation of liability

18.1 Excluded losses. To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive losses, or for loss of profits, revenue, goodwill or data.

18.2 Cap. To the extent permitted by law, our total liability to you for all claims about the App is limited to the greater of:

the amount you paid us (excluding taxes) in the 12 months before the event giving rise to the claim; and
an amount to be confirmed.

18.3 What is not limited. Nothing limits liability for:

fraud;
death or personal injury caused by negligence;
amounts we owe a Creator under the Creator Agreement; or
any liability that cannot be limited under Applicable Law.

19. Disputes, governing law and jurisdiction

19.1 Talk to us first. Please first raise any issue through the Grievance Redressal Policy.

19.2 Governing law. These Terms are governed by the laws of India.

19.3 Jurisdiction. Subject to section 19.4, the courts at Jaipur, Rajasthan have exclusive jurisdiction. This does not remove any right a consumer has to approach a Consumer Commission under the Consumer Protection Act, 2019.

19.4 Arbitration. Any dispute that is not resolved within 30 days of a written complaint will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996:

by a sole arbitrator appointed by mutual agreement or, failing that, under the Act;
with the seat and venue at Jaipur;
in English.

Either party may seek urgent interim relief from the Jaipur courts. Claims within the jurisdiction of a Consumer Commission are excluded from arbitration if the consumer chooses.

19.5 Users outside India. If you live in the EU, the UK or another country whose mandatory consumer law gives you the right to bring proceedings in your home courts, nothing in this section removes that right.

20. Changes to these Terms

We may update these Terms.

For a material change, we will give at least 15 days' notice in the App or by email before it takes effect. Changes required by law, or needed for security, may take effect sooner.
We will ask you to accept a new version in the App where the law requires it.
If you do not agree, stop using the App and delete your account before the change takes effect. Continuing to use the App after that date means you accept the change.

21. Notices and contact

Support: hi@prive.buzz
Legal notices: hi@prive.buzz
Post: POLYMATH COGNITIVE, S-300-H, Scheme 4-S, Macheda, Jaipur, Rajasthan, India
Grievance Officer: hi@prive.buzz (name and phone to be published). See the Grievance Redressal Policy.

We may send you notices in the App, by push notification or by email.

22. General

Entire agreement. These Terms and the documents in section 1.3 are the whole agreement between you and us about the App.
Severability. If any provision is held invalid, the rest remains in force, and the invalid provision is read down to the minimum extent needed.
No waiver. A delay or failure to enforce a right is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them to an affiliate or to a successor to the App's business, with notice to you, provided your rights are not reduced.
Force majeure. We are not liable for failures caused by events beyond our reasonable control, including network or provider outages, natural disasters and government action.
Language. If we provide a translation, the English version prevails.