Terms of Service

1. LEGAL AGREEMENT

This User Agreement (“Agreement”) governs access to and use of the VIBETALKS mobile application and related services (“Services”) operated by WELLNESSPATH CARE LLP, a Limited Liability Partnership registered in India, having its registered office in Kerala (“Company”, “we”, “us”, “our”). By accessing, registering, or using the Services, you: Confirm you are at least 18 years old; Confirm you are legally competent under Indian Contract Act, 1872; Agree to be legally bound by this Agreement; Consent to electronic contracting under the Information Technology Act, 2000. If you do not agree, you must not use the Services.

2. NATURE OF PLATFORM

VIBETALKS is an online interactive entertainment and conversational engagement platform. The Company: Does NOT provide therapy, counseling, psychiatric, legal, Medical or financial services; Does NOT guarantee emotional outcomes; Does NOT guarantee uninterrupted service. The platform is strictly for wellness and general conversational engagement.

3. USER ELIGIBILITY & REPRESENTATIONS

You represent and warrant that: You are 18 years or older; Information provided is accurate and lawful; You will comply with Indian laws including IPC, BNS, IT Act, and DPDP Act; You will not misuse the platform for illegal purposes. Providing false information may result in permanent termination.

4. ACCOUNT RESPONSIBILITY

You are solely responsible for: Safeguarding login credentials; All activities under your account; Maintaining wallet balance; Ensuring lawful conduct during sessions. The Company is not liable for unauthorized access caused by your negligence. We reserve the right to suspend, restrict, or permanently delete accounts without prior notice if violations occur.

5. PAYMENTS, WALLET & BILLING

All services are prepaid through wallet recharge. Charges are automatically deducted based on session duration. All transactions are final once session begins. Payment gateway processing is handled by third-party providers. The Company is not responsible for banking failures, gateway downtime, or user payment errors. You agree not to initiate fraudulent chargebacks. If a user raises an unjustified chargeback, the account may be permanently suspended, legal recovery action may be initiated, and access to the platform may be blocked permanently.

6. STRICT NO REFUND POLICY

All purchases are final and non-refundable except where: There is proven technical malfunction solely attributable to the Company; Service was not delivered due to verified system failure. Refunds are at the sole discretion of the Company, processed within 7 business days, and returned only to the original payment method. Network issues, VOIP restrictions, user disconnections, or dissatisfaction are NOT valid refund grounds.

7. PROHIBITED CONDUCT

• Harass, threaten, or abuse Supporters.
• Use sexually explicit or obscene language.
• Attempt to obtain personal contact details.
• Record sessions without consent.
• Share phone numbers, email, social media.
• Attempt off-platform relationships.
• Upload illegal or harmful content.
• Engage in fraud, phishing, impersonation.
• Violate Indian Penal Code or cyber laws.

8. MISCONDUCT CONSEQUENCES

If a user misbehaves with a Supporter, including harassment, sexual misconduct, abuse, threats, blackmail, or repeated inappropriate messaging, the Company may immediately block the account, permanently delete access, retain wallet balance without refund, and report to law enforcement authorities.

9. NO PERSONAL INFORMATION EXCHANGE POLICY

Users are strictly prohibited from sharing contact details, requesting private meetings, or moving conversations outside the platform. The Company is not liable for consequences arising from voluntary sharing of information.

10. VOIP & NETWORK DISCLAIMER

The platform operates through internet-based VOIP services. The Company is not liable for call drops, internet failure, telecom restrictions, government blocking of VOIP services, or device incompatibility. Users must ensure adequate connectivity.

11. INTERMEDIARY STATUS

The Company acts as an intermediary under Indian IT laws. We are not responsible for user-generated content, statements made during sessions, or the emotional impact of conversations. We may remove content or accounts upon receiving a valid complaint.

12. INTELLECTUAL PROPERTY

All rights, software, branding, and content belong exclusively to WELLNESSPATH CARE LLP. No license is granted except for limited personal use. Unauthorized copying or commercial use is strictly prohibited.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Company shall not be liable for indirect damages, emotional distress, loss of profits, data loss, or business interruption. Maximum total liability shall not exceed INR 1 or the amount paid by the user in the preceding 30 days, whichever is lower.

14. INDEMNIFICATION

You agree to indemnify and hold harmless WELLNESSPATH CARE LLP, its partners, employees, contractors, and affiliates from any claims, damages, or legal costs arising from your breach of this Agreement, your illegal conduct, payment disputes, chargebacks, or regulatory complaints caused by your actions.

15. TERMINATION

We may suspend or terminate access without notice for violation, risk mitigation, or regulatory compliance. Termination does not waive outstanding dues.

16. APP STORE & GOOGLE PLAY CLAUSE

Apple Inc. and Google LLC are not responsible for service delivery, content, or disputes. They are third-party beneficiaries of this Agreement. Users must comply with Apple App Store Review Guidelines and Google Play Developer Policies.

17. GOVERNING LAW

This Agreement is governed by the Laws of India. Jurisdiction: Courts of Ernakulam, Kerala.

18. DISPUTE RESOLUTION

All disputes shall first attempt amicable resolution within 60 days. If unresolved, they shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator. Venue: Ernakulam, Kerala. Language: English/Malayalam.

19. FORCE MAJEURE

The Company shall not be liable for failure due to natural disasters, pandemic, lockdown, government orders, cyberattack, telecom outage, or power failure.

20. MODIFICATIONS

We may modify these Terms at any time. Continued use constitutes acceptance.

21. CONTACT

WELLNESSPATH CARE LLP
Email: wellnesspathcarellp@gmail.com