TERMS AND CONDITIONS (USER AGREEMENT)

1. LEGAL AGREEMENT

By registering an account or accessing the BestyTalk application, you acknowledge and agree to this binding legal agreement. Specifically, you represent and warrant that:

• You are at least 18 years of age.
• You are legally competent to enter into binding contracts.
• You consent to electronic contracting, communications, and electronic signatures.
• Your continued use of the platform constitutes your full acceptance of these terms.

2. NATURE OF PLATFORM

BestyTalk is provided strictly as an AI companion platform. It is crucial to understand its limitations:

• BestyTalk is NOT a substitute for professional therapy, counseling, or psychiatric care.
• We do NOT provide medical services, medical advice, diagnosis, or clinical treatments.
• In case of mental health crises or emergencies, you must immediately contact local emergency services or dedicated crisis hotlines.

3. USER ELIGIBILITY & REPRESENTATIONS

By using our services, you confirm your compliance with applicable laws, including but not limited to:

• The Indian Penal Code (IPC).
• The Information Technology (IT) Act and its associated rules.
• You represent that you will not use the platform for any illegal or unauthorized purpose under Indian jurisdiction.

4. ACCOUNT RESPONSIBILITY

You are solely responsible for maintaining the security of your BestyTalk account. This includes:

• Maintaining complete confidentiality of your login credentials.
• Responsibility for all activities that occur under your account.
• Managing your wallet balance and ensuring its security.

5. PAYMENTS, WALLET & BILLING

All financial transactions within the app are governed by the following:

• All services operate on a prepaid basis via the in-app wallet.
• VOXFUSION TECHNOLOGIES is not liable for any banking failures, gateway timeouts, or third-party payment processing errors.
• Chargeback Policy: Fraudulent or unmerited chargebacks will result in immediate account suspension and potential legal action.

6. STRICT NO REFUND POLICY

All purchases and wallet top-ups are final. We maintain a strict no-refund policy, with the only exception being proven technical malfunctions originating strictly from the BestyTalk platform infrastructure, evaluated at our sole discretion.

7. PROHIBITED CONDUCT

Users must maintain a respectful environment. The following conduct is strictly prohibited:

• Harassment, bullying, or abuse of the AI, platform, or our staff.
• Use of sexually explicit, obscene, or highly offensive language.
• Attempting to exchange or solicit personal contact information.
• Spamming, data scraping, or deploying automated bots.

8. MISCONDUCT CONSEQUENCES

Any violation of the prohibited conduct will result in severe consequences, including but not limited to:

• Immediate account blocking or permanent termination without notice.
• Forfeiture of any remaining wallet balance.
• Reporting to relevant law enforcement authorities where legally required.

9. NO PERSONAL INFORMATION EXCHANGE POLICY

To ensure user safety and comply with privacy regulations, BestyTalk enforces a strict policy against the exchange of personally identifiable information (PII) within chat sessions. Users must not share physical addresses, financial details, or direct contact methods.

10. VOIP & NETWORK DISCLAIMER

Our voice and digital communication features rely on external networks. We are not liable for:

• Call drops, latency, or poor audio quality caused by your internet service provider.
• Government-mandated network blocking or internet shutdowns.
• Any third-party telecom infrastructure failures.

11. INTERMEDIARY STATUS

Under the provisions of Indian IT laws (including the IT Act 2000 and subsequent Intermediary Guidelines), VOXFUSION TECHNOLOGIES acts strictly as an intermediary. We do not manually monitor all AI interactions and are protected under the safe harbor provisions for third-party or user-generated inputs.

12. INTELLECTUAL PROPERTY

All intellectual property rights, including the BestyTalk name, logo, software code, AI models, UI/UX design, and content, are the exclusive property of VOXFUSION TECHNOLOGIES (OPC) PRIVATE LIMITED. No license is granted to users beyond the limited right to use the application.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, VOXFUSION TECHNOLOGIES shall not be liable for any indirect, incidental, or consequential damages. In any event, our total cumulative liability shall not exceed INR 1 or the total payment made by the user in the preceding 30 days, whichever is higher.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VOXFUSION TECHNOLOGIES, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising out of your use of the platform or your violation of these terms.

15. TERMINATION

We reserve the right to suspend or terminate your access to BestyTalk at our sole discretion, at any time, for any reason, including violation of these terms, without prior notice or liability.

16. APP STORE & GOOGLE PLAY CLAUSE

If you downloaded the app from Apple App Store or Google Play Store, you acknowledge that these terms are between you and VOXFUSION TECHNOLOGIES, not the app store providers. Apple and Google are third-party beneficiaries of this agreement and may enforce these terms against you.

17. GOVERNING LAW

This User Agreement and your use of BestyTalk shall be governed by and construed in accordance with the laws of India, specifically adhering to the state laws of Kerala, without regard to conflict of law principles.

18. DISPUTE RESOLUTION

Any disputes arising under this agreement shall be resolved as follows:

• A mandatory 60-day amicable negotiation period before any formal proceedings.
• If unresolved, binding Arbitration seated in Ernakulam, Kerala, India.
• Proceedings shall be conducted in English or Malayalam.

19. FORCE MAJEURE

VOXFUSION TECHNOLOGIES shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including but not limited to internet failures, equipment failures, electrical power failures, strikes, or government actions.

20. MODIFICATIONS

We reserve the right to modify or update these terms at any time. Continued use of BestyTalk after any such changes constitutes your consent to the updated terms. The "Effective Date" at the top will indicate the latest version.

21. CONTACT

For any legal notices, questions, or concerns regarding these terms, please contact us at:

• VOXFUSION TECHNOLOGIES (OPC) PRIVATE LIMITED
• Email: info@bestytalk.in