TERMS OF USE

These Terms of Use ("Terms") govern your access and use of the SoMo Club mobile application and website ("App", "Platform") operated by Social Moment Club Technologies Private Limited ("Company", "we", "our", or "us").

By accessing, downloading, or using the App, you agree to these Terms and our Privacy Policy.

If you do not agree, you must stop using the App immediately.

By using the App, you acknowledge that:

1. Features may change or be discontinued without notice;
2. The App may contain bugs or unexpected behaviour;
3. We may collect feedback and usage data to improve the product; and
4. The Company reserves the right to alter these Terms and policies at any time.

Eligibility

1. You must be at least 18 years of age to use the App.
2. By registering, you confirm that all information provided is true, accurate, and current.
3. We may suspend or terminate access if we believe that you are ineligible or have provided false information.

Account and Access

1. You are responsible for maintaining the confidentiality of your account credentials.
2. You agree not to share your account or impersonate another person.
3. We reserve the right to refuse registration or deactivate accounts that violate these Terms or applicable laws.

Community Behaviour and User Conduct

SoMo is built on trust, kindness, and respect. To maintain a safe and inclusive community, all users must adhere to the following guidelines:

1. Be respectful. Treat others with courtesy and empathy.
2. No abusive or unparliamentary language. Do not use profanity, slurs, or derogatory remarks of any kind.
3. No hate speech or discrimination. Do not post, share, or comment on content that promotes or targets any person or group based on gender, race, caste, ethnicity, religion, sexual orientation, or disability.
4. No politics or religion. The App is a neutral space: discussions, posts, or comments related to political or religious views are strongly discouraged.
5. No harassment or threats. Do not send or post content that could be considered bullying, intimidating, stalking, or sexually inappropriate.
6. Be kind and genuine. Interact in good faith. Do not manipulate, mislead, or exploit other users.
7. No spam or commercial promotion. Do not use the App to advertise, solicit, or promote unrelated goods or services.
8. No harmful content. Do not upload viruses, malware, or content that interferes with the App’s operation or another user’s experience.

Violations of these rules may result in content removal, account suspension, or permanent termination at our discretion. Serious violations may be reported to authorities.

User Content

1. You are solely responsible for the content you post on your feed, comments, or event listings.
2. You grant the Company a limited, non-exclusive, royalty-free licence to display and process such content for App functionality.
3. You retain ownership of your content, but you agree that it may be moderated or removed if it violates these Terms or applicable law.

Events and Activities

1. Events may be created by users, third parties, or by the Company itself.
2. Hosts must provide accurate and verifiable event details, including location (via Google Maps or Find My Business link).
3. The Company does not guarantee the safety, conduct, or outcome of events and advises users to exercise discretion.
4. By attending events or participating on the platform, users acknowledge and voluntarily assume all related risks, including, without limitation, social, psychological, physical, financial, and reputational risks or consequences.
5. Paid events are non-transferable and subject to the refund and cancellation policies notified at the time of booking.

Safety and Reporting

1. The App includes a panic button feature for emergency situations which will let you alert the authorities.
2. We encourage users to report any misconduct, inappropriate content, or suspicious activity.
3. Verified reports will be reviewed promptly and may result in action including suspension, warning, or referral to law enforcement.
4. Safety-related records may be retained for compliance and investigation.

Content Moderation

1. SoMo uses both AI-based tools and human moderators to detect and review inappropriate or unsafe content.
2. Content that violates these Terms or applicable law may be edited, restricted, or removed without notice.
3. Users may appeal moderation decisions by contacting support@somoclub.com.

Payments and Fees

1. Certain features or events may require payment. Prices and terms will be clearly displayed before purchase.
2. Payments are processed through secure third-party gateways.
3. The Company is not liable for transaction failures caused by payment providers.
4. Refund for SoMo events will be processed in the following manner:
   1. Cancellation 24+ hours before the event: Full refund.
   2. Cancellation less than 24 hours before the event: No refund (your spot is held).
   3. No-show: No refund.
   4. Event cancelled by the Company: Full refund or credit toward a future event.
   5. Specific events may have different refund or cancellation policies, which will be clearly displayed at the time of booking and shall supersede this policy.
5. The Company is not responsible for processing or guaranteeing refunds for events hosted by third parties. Refunds for such events, if applicable, will be governed solely by the refund and cancellation policies of the respective event hosts and any third-party platforms or apps through which the booking is made.

Intellectual Property

1. All rights in the App, including design, layout, software, logos, and trademarks, belong to the Company.
2. Users may not reproduce, modify, distribute, or use any App content without prior written consent.
3. You retain rights to your own posts and avatars but grant the Company permission to use them as necessary for providing App services.

Privacy and Data Protection

Your use of the App is governed by our Privacy Policy, which explains how we collect, process, and protect your data in compliance with the Digital Personal Data Protection Act, 2023.

Suspension and Termination

We may suspend, restrict, or terminate your access to the App if:

• You violate these Terms or any applicable law;
• Your conduct poses a safety risk to others; or
• The App is discontinued or under maintenance.

You may delete your account at any time. Upon termination, your access ceases, and applicable data deletion procedures will apply as described in the Privacy Policy.

Disclaimer

1. The App is provided on an "as is" basis. We make no warranties regarding accuracy, reliability, or availability.
2. The Company is not responsible for any loss, injury, or damage arising from your use of the App, including interactions with other users or participation in events.
3. Users are advised to act responsibly and exercise judgment during in-person meetings or events.

Limitation of Liability

To the fullest extent permitted by law, the Company, its officers, and employees shall not be liable for any indirect, incidental, or consequential loss arising out of or in connection with the use of the App. In addition to the disclaimer above, our total liability to you for any claims arising from your use of the App shall not exceed the greater of:

1. The amount you paid to the Company in the 12 months preceding the claim; or
2. INR 5,000 (Indian Rupees Five Thousand).

This limitation applies to all causes of action, whether in contract, tort, or otherwise.

Indemnification

You agree to indemnify, defend, and hold harmless Social Moment Club Technologies Private Limited, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

1. Your use or misuse of the App;
2. Your violation of these Terms;
3. Your violation of any third-party rights, including intellectual property or privacy rights;
4. Content you post or share on the App;
5. Your conduct at events, whether online or offline; and
6. Any dispute between you and another user.

This indemnification obligation survives termination of your account.

Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration conducted in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996. Before initiating arbitration, you agree to contact us at legal@somoclub.com to attempt informal resolution for at least thirty (30) days. This clause does not prevent either party from seeking injunctive relief in court for urgent matters (e.g., intellectual property violations). Any disputes shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.

Contact Us

For any questions, concerns, or feedback regarding these Terms, please contact: