Hike Sticker Chat Terms of Service

These terms of use outline the terms and conditions that govern your access to the hike sticker chat application (the "Application") and access to and use of services offered through the Application (collectively, "Services") and constitutes a binding legal agreement ("Terms") between you ("you", "your" or "yours") and Hike Private Limited (formerly Hike Limited) (hereinafter referred to as "Hike" / "we"/ "us") (which expression shall include its successors and assigns).

By downloading, installing or using the Application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of the Application and/or the Services offered through the Application will imply your acceptance of the conditions contained under these Terms.

These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and is generated by a computer system and does not require any physical or digital signatures.

Please read these Terms carefully before you use the Application, or any Service offered by Hike through the Application. These terms control the relationship between Hike and you. They do not create any third party beneficiary rights.

1. Application; Your Account

Application: The Application is an online platform which enables you to engage in peer-to-peer (P2P) interaction with other users and avail Services made available through the Application. Hike's Services include but are not limited to instant messaging services, audio and video calling etc. The Service includes allowing you to assemble your own personalized avatar using the elements that we provide on the Application and may interchangeably refer to product, personalized stickers, or your personalized avatar (hereinafter referred to as “Hikemoji”). Hike may at its discretion allow you to use some of these Services free of charge and some features may be chargeable (refer to “Payment Terms” below). Our Services are very diverse and additional terms or product requirements may apply to certain Services. These additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.

More information about the Application and the Services is available on Hike's website at www.hike.in ("Site").

You can download the Application from third party application stores such as Google Play, Windows Store and Apple App Store, subject to the terms and conditions and the privacy policy of such third party application stores.

Your Account: You can use and/or access the Application and the Services by creating an account on the Application using your mobile device. You agree that your use and/or access to certain Services may require creation of a ‘Hikemoji’ by you and/or any additional authentications at Hike’s sole discretion. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application or any unauthorized access to and use of the Services using your credentials. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.

You are responsible for all activity that occurs in your Hike account. By using the Services, you agree that:

Your Access to the Application: We will endeavor to ensure error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.

You are responsible for any mobile charges that you may incur by accessing the Application or Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Application or the Services.

2. License

Subject to these Terms, Hike grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Application or Services (including the content made available through the Application or Services, other than the “OTT Content”) provided that: (a) you will use the Application and/or Services solely for lawful purposes; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); (d) you will not use any meta-tags or any other 'hidden text' utilizing Hike's name or trademarks; (e) you shall not make available any of the Services over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; and (f) you shall adhere to any other usage rules or terms of service of any third party whose website or application that the Application directs/redirects you to.. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.

 

3. Third Party Content

You acknowledge and agree that the Application and Services may permit use of and/or access to content, advertisements, recommendations, information or any other type of material provided by OTT service providers ("OTT Content"). You agree that Hike may present you with an option to tap on one or more links to the OTT Content provider’s website, application for accessing such OTT Content. You accept all risks by tapping on any such links and being redirected to OTT Content provider’s platform and you agree to adhere to age/content rating on such platform prior to accessing the relevant content.

Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties or may be provided using third party software (except those providing OTT Content) ("Third Party Content/ Services"). Such Third Party Content/Services is the sole responsibility of the person who published/submitted/transmitted the Third Party Content/Services. By using the Application and/or Services, you agree that Hike or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever.

You acknowledge and agree that your access to and use of OTT Content through the Application or Services shall be governed by and require acceptance of the terms of use (by whichever name called) of such OTT Content provider prior to accessing the OTT Content. You agree that such terms of use (by whichever name called) are subject to change by such applicable third party at its sole discretion and without any prior notice.

You acknowledge and agree that these Terms do not grant you a license to: (i) the OTT Content; (ii) any products, services, processes or any other features that is being offered by such OTT Content; (iii) any intellectual property rights in any OTT Content or in any products, services, processes or any other features that are being offered by such OTT Content.

You acknowledge and agree that the provision of access to any OTT Content through the Services shall not either directly or indirectly constitute as an endorsement of the OTT Content or the OTT Content provider by Hike and/or its affiliates.

By using the Application and/or Services, you agree that Hike and/or its affiliates will not be responsible/liable for any such OTT Content in any manner whatsoever. Hike does not make any representations, warranties with respect to the quality, suitability, functionality or legality of any product, services, offerings, information that may be advertised or forms part of the OTT Content provider’s service and/or platform. Accordingly, Hike shall not be party to or in any way responsible for any access, transaction, and/or usage or otherwise that may occur between you any third party and you are expected to use your judgment while transacting with any such third party.

You agree that Hike is merely enabling access to the OTT Content through the Application and that such OTT Content is owned by relevant third parties.

You agree to follow the viewing/age/content restrictions while accessing and/or using the OTT Content.

You acknowledge and agree that any intellectual property rights in any OTT Content or in any products, services, processes or any other features that are being offered by such OTT Content, vests with the relevant OTT Content provider or as per the terms of use of such OTT Content Provider with any other party, the other party not being you.

You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services or OTT Content. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form). Hike does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services or the OTT Content.

You agree that you will not use the Third Party Content/Services or the OTT Content in any manner that would infringe or violate the rights of the party and that Hike shall not be liable for any such acts by you or any person authorized by you.

We may use YouTube API Services to provide certain Services, in which case You agree and acknowledge that if You use the said Services, You agree to be bound by the YouTube Terms of Service provided here: https://www.youtube.com/t/terms. You agree to be solely responsible to keep track of any changes that may be made to these aforesaid terms by the relevant party.

4. Your Content

The Application or Services may allow you to assemble, create, upload, share and/ or store content, information including but not limited to photos, profiles (including your name, images, and voice, excluding Hikemoji), stories, messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time (collectively, "Content")

By posting your Content through the Application or the Services, you grant Hike and our affiliates, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application or Services. In the event you or any other person appears in any Content submitted to Hike by you, you grant Hike an unrestricted, worldwide right and license to use your name, likeness, poses, personal characteristics and voice. This means, among other things, that you will not be entitled to any compensation from Hike or our affiliates if your name, likeness, or voice is conveyed through the Application or Services. In addition, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).

Hike does not assert any ownership over the Content (excluding Hikemoji and features and stickers associated with it) and subject to the rights granted to Hike in these Terms, you retain full ownership of the Content and proprietary rights associated with it.

You will be solely responsible for all Content that you upload, transmit, share or display through the Application or Services. Hike does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.

You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant Hike and our affiliates all of the license rights granted herein.

In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize Hike to store your information including but not limited to your chat history, messages, photos, videos, documents, Your Content, on Hike’s Servers. Information/Data stored on Hike’s Servers is encrypted using 128-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion.

This action must be confirmed via your Hike account and cannot be undone.

If you stop using the Services either temporarily or permanently and/or are inactive on the Application for at least 90 (ninety) days, Hike reserves the right to delete all your information stored on Hike’s Servers.

Subject to applicable laws, upon deletion of your Hike account, Hike will immediately delete all your Content (including Hikemoji) from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends locally on their devices may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Hike who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts. The submission of your 'last seen' time is done on an automatic basis.

You agree and acknowledge that when Content or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such a public group to access and use the content and information you post in such group.

5. Ownership

You acknowledge and agree that the Application, the Services, including without limitation any content available on the Application (except OTT Content); insights, data and intelligence that are gathered from the use of and/or access to the Application and/or the Services and/or Third Party Content/Services and/or OTT Content; and all trademarks, service marks and trade names and other intellectual property rights associated therewith are, and will remain, the property of Hike and its licensors, as applicable. All content related to Hike corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Hike or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Application and Services (except OTT Content) is also the exclusive property of Hike and is protected by applicable laws.

You agree and acknowledge that the data pertaining to the Application including your Content is hosted on the servers employed by Hike (whether owned by itself or licensed from any other third party) (“Hike’s Servers”).

All software used on the Application and the Services is the property of Hike or its licensors / software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Application or the Services is strictly prohibited.

All Hike graphics, logos and service names are trademarks of Hike or its affiliates. Hike’s trademarks must not be used in connection with any product or service that is not Hike's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hike. The logos and trademarks of third parties on the Application belong to respective third parties / brands.

Hikemoji(s) created by you are owned exclusively by us, and we reserve the right to use any such Hikemoji for any purpose, including to promote our products and services.

Should you develop or be deemed to have any rights in a Hikemoji, you irrevocably and unconditionally assign to Hike absolutely, with full title guarantee and free from any and all encumbrances, all of your right, title, and interest in and to such Hikemoji.

6. Privacy Policy

Please read our Privacy Policy to understand our practices which govern your use of the Application. Any information (including your personal information and/or sensitive personal data or information) provided by you on the Application will be collected, stored, processed, transferred or shared by us and our affiliates in accordance with our Privacy Policy. These Terms are deemed to incorporate the Privacy Policy posted on this Site.

7. Your Conduct

You shall be solely responsible for all Contents that You upload, transmit, share or display through the Application or the Site. Hike does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate these Terms. You further agree that Content you transmit over the Application or Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Hike all of the license rights granted herein.

You represent and warrant that: (i) your use of the Application or the Services will be solely for purposes that are permitted by these Terms; (ii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Application or the Services; and (iii) your use of the Application or the Services will at all times comply with applicable laws.

You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.

You agree and acknowledge that in the event that you violate clause 7 above, Hike will have the right to remove any such content or information posted by you or disable or delete your account if Hike deems appropriate.

You agree not to incorporate the Third Party Content/Services into, or stream or retransmit the Third Party Content/Services via, any hardware or software application.

You shall not infringe or violate third-party rights, including intellectual property rights and other proprietary rights, confidentiality, privacy rights, or rights of publicity, including those of third party software providers.

You are responsible for your interactions with other users. If you have a dispute with another user, you release Hike and our affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.

Hikemoji

In addition to the other Terms herein, you shall not:

8. Community Guidelines

Please read our Community Guidelines to understand how you need to conduct yourself while using our Application or our Services. These Terms are deemed to incorporate the Community Guidelines posted on this Site.

9. Modifications in Service

Hike reserves the right at any time and from time to time to interrupt, restrict, modify or discontinue, temporarily or permanently, Application (or any part thereof) or any Service(s), including the mode of providing the Service, without any cause and/or without any notice to you. You agree that Hike and its affiliates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services.

10. Payment Terms

To use certain features of the Service or the Application you may be required to select a plan from the available plans on our app (the “Plan”) and pay a certain fee (by whichever name called) using one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.

The fee that will be required to be paid will depend on your selection of the relevant Plan. The duration of each Plan shall be as decided and as communicated by us from time to time. Post expiry of the Plan, you shall be required to make the payment for continuing to use the select feature. The Plan shall not renew automatically, and the end of the Plan duration shall mark the end of the Plan unless otherwise renewed by you.

For some Payment Methods, the issuer may charge certain fees, such as transaction fees or other fees, charges, taxes relating to the processing of your Payment Method and you shall be solely responsible for such payment. When your purchase of the Plan is complete, the issuer may send you a confirmation email/sms.

In the event a payment is not successfully settled for any reason, Hike shall not be responsible for the same in any manner. You agree and acknowledge that payment is being facilitated by third party providers and we are not responsible for any part of the transaction and thus, bear no liability for the same. When you purchase a Plan using third party Payment Methods, Hike is not a party to the said transaction and your purchase will be governed solely by the relevant third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. Hike may utilize payment services provided by Google, in which case you agree and acknowledge that your transaction using such Payment Method shall be solely governed by Google Payments Terms of Service - Buyer.

You shall not be able to cancel any Plan once you opt for it and make payment towards the same.

You acknowledge that Hike is not required to provide a refund for any reason, and that you will not receive money or other compensation for any unused benefit or when you chose to suspend/terminate or delete your account with Hike for any reason. You agree that no refund shall be payable by us to you in any case, other than where we discontinue or terminate the Plan at our sole discretion any service or plan provided by us.

You agree that we may revise the pricing of the Plan or introduce new plans or suspend or terminate existing ones at any time.

11. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APPLICATION OR SERVICES OR ACCESS OF OTT CONTENT OR THIRD PARTY CONTENT/SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE APPLICATION IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. HIKE AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION OR SERVICES. HIKE AND/ OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

HIKE MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION AND/OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT; (H) ACCURACY AND APPROPRIATENESS OF CONTENT AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES AND/OR THIRD PARTY CONTENT/SERVICES AND/OR OTT CONTENT IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIKE OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.

WHILST HIKE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, HIKE WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH HIKE THAT MIGHT OCCUR FROM TIME TO TIME INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.

YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION/ OR SERVICES.

12. Limitation of Liability

To the maximum extent permitted by applicable laws, under no circumstance will Hike or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or the Services or OTT Content, or Third Party Content/Services following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if Hike or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.

13. Indemnification

You agree to indemnify, defend and hold harmless Hike, its subsidiaries, affiliates and agents and each of 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 Application and/or Services and/or OTT Content and/or Third Party Content/Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or misconduct; and (vi) your Content. These obligations will survive termination of these Terms.

14. Force Majeure

Hike will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, epidemic, pandemic, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Hike's reasonable control.

15. Children

The Application and/or the Services must only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Application or Services only under supervision of your parent or guardian.

16. Communications

Hike may communicate with you through email, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from Hike including in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from Hike.

We may allow you to use the Services to initiate SMS or text messages to your friends, family, or other contacts. You are not required to send such text messages, you are solely responsible for them, and you understand that standard text messaging and data rates may apply based on your plan with your mobile phone carrier. You also understand that Hike does not control the recipients, content, or timing of these text messages. If you choose to send text messages through the Services, you represent and warrant to us that the recipients of the text messages have appropriately consented to receive the text messages.

17. Amendments to this Agreement

Please review these terms regularly. We may in our sole discretion modify or amend these Terms from time to time without any prior notice. Your use of the Application or Services upon publication of such modified or amended terms will constitute your deemed acceptance to the modified or amended Terms.

18. Entire Agreement

You agree that these Terms read with the terms of the Privacy Policy and/or any other terms/ policies relating to the Application and/or Services posted by Hike on the Application and/or on the Site will constitute the complete agreement between you and Hike and supersedes any and all proposals, representations or prior agreements, oral or written, and any other communications between you and Hike relating to the subject matter of these Terms.

19. Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.

20. Waiver

If you breach these Terms and Hike takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

21. Governing Law

These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at New Delhi, India for all disputes arising out of or relating to these Terms.

22. Grievance Officer

In the event you have any queries/complaints regarding usage of Application or its Services, you may reach us at grievanceofficer@hike.in. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder.

23. Right to Take down

You understand and agree that Hike may takedown, delete or remove any content available on the Application or in relation to its Services in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).

24. Forfeiture

Hike reserves the right to forfeit any account which Hike determines as - inactive, violative of intellectual property rights, violative of these Terms or misleading in nature.

25. Copyright Notice

If you believe in good faith that any content displayed or transmitted through the Application infringes your copyright, you may reach us at legal@hike.in.

26. Report Abuse

If you in good faith believe that any content made available through the Application is offensive or opposed to public policy, you may choose to report any such content. We may review such content and remove the content at our discretion and/or as mandated by applicable laws.

27. Additional Audio and Video Call Terms

You understand that Hike does not provide calling or connections to telephone numbers and Hike’s audio and video calling services can be used only within the closed Hike network.

Video Call: You understand that when you use hike’s video calling feature to call other hike users, your live feed will be displayed on the receiver’s phone screen.

Emergency Calls: You understand and agree that the Service is not capable of placing or receiving emergency services calls.

hike to Offline: Hike permits you to send a message to other Hike users who may be offline. For this purpose, you authorize Hike to notify you if the user you are attempting to message is offline. You further authorize us to send your last posted message in the chat thread as an SMS to other user in the event that you click on the 'Send as SMS' button.

 

PRIVACY POLICY

Hike Private Limited (hereinafter “Hike”/ "hike" / "We") provides this Privacy Policy to inform users of the hike sticker chat application (the “Application”) about our policies and procedures regarding the collection, use and disclosure of Personally Identifiable Information (defined below).

This Policy is part of our Terms of Service and applies to the Personally Identifiable Information that is collected in connection with the download, installation and use of the Application and Services. By using the Application or the Services You signify Your assent to this Privacy Policy and consent to the processing of Your Personally Identifiable Information as described herein. If You do not agree with this Policy, or with our Terms of Service, please do not download, install and / or use and/or access the Application or the Services.

If you have any questions about our privacy practices or wish to report any privacy issue, please refer to our Terms of Service on how to contact us.

Information Collection

"Personally Identifiable Information" means any information that either on its own or when combined with certain other information including but not limited to Your mobile phone number, name, gender and date of birth, IP Address and mobile device information, can identify an individual (as defined by applicable privacy or data protection laws).

Hike may obtain the following types of information from or concerning You or Your mobile device, which may include personal information that can be used to identify You as specified below:

User Provided Information: You provide certain Personally Identifiable Information to hike when choosing to participate in the use or access of the Application and/or the Services, including registering as a user, messaging other hike users, posting status updates, generating your Hikemoji, uploading images or stories, interacting with other users. In order to provide Services or provide access to such Services, hike, may periodically access data including access Your contact list and/or address book on Your mobile device to find, collect, use and keep track of Your contact list or address book in accordance with this Privacy Policy. Further, you permit information contained in Your contact list and/or address book to be shared with other users in relation to provision of relevant Service. By permitting us to collect Personally Identifiable Information, you hereby agree to provide hike a right to use such information for providing Services and also warrant that you have all requisite rights in your favour to share this information with hike. To ensure a better user experience, hike may, access including but not limited to names stored in Your address book to ensure any incoming messages and push notifications via the SMS feature have a name associated with them. "last seen" information is available and displayed to each user whom you have added in your Friends (and which you have not blocked), and reflects the last approximate time the Application has been backgrounded or brought to the foreground on your mobile phone. "Last Seen" information is reported to hike when a user brings the mobile application to the foreground or quits it. In relation to provision of Services, hike may also access data that is generated pursuant to your usage of any third party service provided through our Application or through the Services. You agree to have granted the consent to us to access such data till the time you actually revoke the consent in writing to us.

We may use YouTube API Services to provide certain Services. You agree and acknowledge that by using such Services, you agree to be bound by the Google Privacy Policy at http://www.google.com/policies/privacy. You agree to keep track of any changes that may be made to these terms by the relevant party.

You agree and acknowledge that the Application and/or Services provide access to Third Party Content/Services and OTT Content that service content as well as advertisements, as enumerated in the Terms of Service. You agree to be bound by the relevant third party’s privacy policy while using the services.

Hike may receive data whenever You access or use our Application or Services. This may include data pertaining to your usage of the application, the web address, IP address information, browser, your access and usage of third party services accessed through our Application, and if You are logged into Hike and Your authentication tokens used on such sites. Your authentication tokens may be saved on the Hike’s Servers for the sole purpose of seamless posting to the same site by You in the future through the Application.

Hike may use cookies and other technologies such as web beacons, web storage, unique advertising identifiers to collect information about your use of our Application and/or Services and your device. We may use similar technologies to collect information when you interact with services offered by any third party through the Application. We might collect passively tracked activity data including but not limited to accelerometer samples, step counter and pedometer data.

Hike will not collect mobile phone numbers and names associated with such mobile phone numbers of the persons in such user’s contact lists and/or address books. The Application will associate whatever name the Hike user has assigned to the mobile telephone number in his/her mobile address book. We may collect location data for use in the improvement of Services and users may also voluntarily share their location with other users via the Application.

If the recipient can be messaged via the Application, the message is delivered to that recipient via data service routed through Hike’s Servers. Any messages that are undelivered are held on Hike’s Servers for a period of 7 (seven) days (if the user is not on cloud). We may use third party servers having industry standard security measures to provide you the Services.

Any status update messages, stories and profile image updates posted by you are stored on Hike’s Servers to facilitate the normal use of the status updates feature in Hike. This includes but is not limited to the timestamp and the actual status update message.

Hike may retain date and time stamp information associated with the messages, and any other metadata associated with your use of the Services and/Application as well as any other information which hike is legally compelled to collect in accordance with retention policies applicable under Indian law.

Use of Information We do not sell Your Personally Identifiable Information that we collect with any third parties for use for commercial, advertising and or similar marketing purposes.

We will process personal information to deliver your chat history, including but not limited to messages, stickers, Hikemoji, recommendations, media and files, to any of devices of your choosing without a need for you to use third-party services or cloud storage.

We may share Your Personally Identifiable Information and Contents:

We may share your personal information outside of Hike if we believe in good faith that access, use, preservation, or disclosure of such information is reasonably necessary to:

 

If we provide you with more specific purposes of use either at the time, we ask you to provide your personal information or through other means, then such notice will take precedence.

We collect and store your service usage and transaction information with respect to redemption of points in order to enable you to view certain details of all your transactions which have been made using our Services, to provide you uninterrupted and satisfactory Services, to administer our relationship with you, to comply with any statutory or regulatory requirement, to monitor your use of our Services for the purposes of ensuring compliance with our user rules.

You agree that hike has the right to monitor the Application electronically from time to time and to disclose information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Application properly for justified purposes that are relevant for the features and functionalities of the Application and Services opted by You, or to protect itself or its subscribers. We may transfer Your Personally Identifiable Information or other information collected, stored, processed by Hike to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Application. Except with Your consent including under this Agreement for specified purposes, we will not disclose any Personally Identifiable Information to any third party except for the purpose of providing you Services or facilitating access to any Service. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.

You may choose not to submit Personally Identifiable Information through the Application in which case we may not be able to provide You part or full services in connection with the Application. If You do not agree with any of the Terms including our Privacy Policy, You may delete Your account or not access download and use the Application and/or the Services. Upon deletion of Your account, Your Personally Identifiable Information and any associated Contents, except to the extent required to be retained under applicable law, will be deleted from Hike’s Servers.

This Privacy Policy does not create rights enforceable by third parties.

In the interest of protecting Your privacy and for security measures, Hike ensures to take reasonable steps to identify and authorize You before registering Your mobile phone number and granting You use of the Hike application.

Upon use of the Application or the Services, you authorize us and third party service providers (as the case may be) to contact you regarding any promotions / notifications/ transactional or service related messages pertaining to Application or the Services , notwithstanding your number being registered in any Do not Call Registry in your jurisdiction.

Security of Personal Information

We have implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration and to preserve the security of the Personally Identifiable Information in our care. Our security practices and procedures limit access to personal information on a ‘need to know’ basis only.

Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights management systems and processes, careful selection of processors, standard authentication and encryption policies for Hike’s Servers and other technically and commercially reasonable measures.

However, Hike cannot guarantee in any way with respect to any Personally Identifiable Information or Contents that You upload, transmit, share or display through the Application, the Services and You do so at Your own risk.

Using unsecured or other unprotected networks to send messages and use of other features through the Application is not recommended.

If Hike learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. However, note that this does not cast an obligation on us to do so.

Capitalized terms used in this Privacy Policy but not defined herein shall have the meaning ascribed to it given under our Terms of Service, available on www.hike.in.

Changes to this Privacy Policy

Any changes in the Privacy Policy by hike shall be posted on our website www.hike.in to reflect changes in our policy so that the users are always aware of what information we collect, use, and under what circumstances, if any, we may disclose it. Users should periodically review this page for the latest information on our privacy practices. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes Your acceptance of the changes and the amended Privacy Policy.

 

COMMUNITY GUIDELINES

We want Hike Sticker Chat to be a safe and fun place to hang out with friends and loved ones. To facilitate this, we have established the following guidelines for participation in the community. These Guidelines apply to your each and every interaction on Hike Sticker Chat. 

You may NOT post Content that:

Threats, Violence & harm

Impersonation, spam & hacking

Harassment & Bullying

Sexually Explicit Content, violence

Breach of Third Party Rights

Hate Speech & false information

Terrorism & Illegal Activities

If You do not agree with our Community Guidelines, You may delete Your account and/or not access, download and use the Application and/or the Services.

In the event you wish to report any breach of our Community Guidelines, you may contact us at grievanceofficer@hike.in. We will review these reports to determine whether there is a violation of these Guidelines and determine if any action needs to be taken, at our sole discretion. 

Changes to Community Guidelines

Any changes in the Community Guidelines shall be posted on our website www.hike.in to reflect changes in the guidelines. Users should periodically review this page for the latest information on our community guidelines. Once posted, those changes are effective immediately. Continued access or use of the Application and/or the Services constitutes Your acceptance of the changes and the amended Community Guidelines.

Please take these Guidelines seriously and honour them in the spirit in which they are intended. We’ll do our best to enforce them consistently and fairly. We reserve the right at all times (but will not have an obligation) to take down any content in breach of our Terms of Use or Community Guidelines and to take any other actions as we deem fit including, suspending Users or reclaiming usernames without liability to you.