Safechat — Terms of Service

These Terms of Service ("Terms") are an electronic record under the Information Technology Act, 2000 and the rules made under it. They are published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. They do not require any physical or digital signature.

The Safechat mobile application and related services are provided by Skisha Private Limited, a company incorporated under the Companies Act, 2013 (CIN: [●]), with its registered office at 1st Floor, Sowripalayam, Coimbatore-641 028. ("Company", "we", "us", "our").

Please read these Terms, our Privacy Notice and our Community Guidelines carefully. Together they form a binding agreement between you and us.

1. Acceptance of these Terms

1.1 By downloading, installing, registering for or using the App, you agree to these Terms. If you do not agree, do not use the App.

1.2 You accept these Terms by tapping "Agree and Continue" (or a similar button) during registration. This electronic acceptance is a valid contract under Section 10A of the Information Technology Act, 2000.

1.3 These Terms incorporate by reference: (a) our Privacy Notice at [URL]; (b) our Community Guidelines at [URL]; and (c) any feature-specific terms we show you before you use that feature. If there is a conflict, the feature-specific terms prevail for that feature, then these Terms, then the Community Guidelines. The Privacy Notice governs how we process personal data.

1.4 Our consent request for processing your personal data is presented separately from these Terms, as required by Section 6 of the Digital Personal Data Protection Act, 2023. Agreeing to these Terms is not consent to any processing that is not necessary to provide the Services.

2. Definitions

In these Terms, unless the context requires otherwise:

• "App" means the Safechat application for Android and iOS, any linked desktop or web companion, and their updates.
• "Services" means messaging, voice and video calling, group chats, media sharing, status or story features, and any other feature we offer through the App.
• "Content" means any text, image, audio, video, file, link, sticker, reaction, voice note or other information you send, receive, upload or share through the Services.
• "End-to-End Encryption" or "E2EE" means encryption under which the cryptographic keys needed to read message Content are generated and held only on the devices of the sender and the intended recipients, and not by us.
• "Metadata" means information about your use of the Services other than message Content, such as your phone number, registration date, device and app version, IP address at connection, and the date and time of connection.
• "Personal Data", "Data Principal", "Data Fiduciary", "Consent Manager" and "Board" have the meanings given in the Digital Personal Data Protection Act, 2023 ("DPDP Act").
• "Applicable Law" means all laws in force in India, including the Information Technology Act, 2000 and rules under it, the DPDP Act and the rules under it, the Telecommunications Act, 2023 and the rules and directions under it, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012.
• "Grievance Officer" means the officer named in Clause 13.

3. Eligibility and use by children

3.1 You may create an account only if you are at least 18 years old and competent to contract under the Indian Contract Act, 1872.

3.2 A person under 18 ("Child") may use the App only if a parent or lawful guardian has given verifiable consent through the process we provide, in accordance with Section 9 of the DPDP Act and the rules under it. The parent or guardian accepts these Terms on the Child's behalf and is responsible for the Child's use.

3.3 For Child accounts we do not undertake tracking, behavioural monitoring or targeted advertising, and we do not process Personal Data in a manner likely to cause a detrimental effect on the Child's well-being.

3.4 [OPTIONAL — select one] [We do not permit persons under [13] to use the App, even with parental consent.] / [Persons under 18 may use the App only with parental consent as above.]

3.5 You must not use the App if you have previously been suspended or removed from it, unless we expressly allow you to return.

4. Your account, phone number and devices

4.1 Registration. To register, you must provide a valid mobile number issued to you in India or abroad [OR: choose a username] and verify it by a one-time password. You must give accurate information and keep it current.

4.2 One person, one account. Your account is personal. Do not sell, rent, transfer or share it, and do not register a number that is not lawfully yours.

4.3 Mobile number validation. We are a telecommunication identifier user entity under the Telecommunications (Telecom Cyber Security) Rules, 2024, as amended. We may validate that your mobile number belongs to you through the Mobile Number Validation platform under Rule 7A of those Rules, when we choose to or when directed by the Government. If validation fails, we may restrict or suspend your account.

4.4 SIM binding. To comply with directions issued by the Department of Telecommunications, the App may work on your primary device only while the SIM card for your registered mobile number is present and active in that device. The App may periodically check this. If the SIM is removed, replaced, deactivated or moved out of the device, the App may stop working until you re-insert the SIM and re-verify.

4.5 Linked devices. You may link companion devices (such as desktop or web) to your primary device. For security and to comply with Applicable Law, we may log out linked sessions at intervals or when we detect a risk of fraud, and you may need to re-link them using your primary device.

4.6 Security of your account. You are responsible for keeping your device, screen lock, PIN, passkey, backup password and recovery key safe. Turn on two-step verification where available. Tell us immediately at prem@skisho.co if you suspect unauthorised use. Because we cannot read your E2EE messages, we may be unable to recover them if you lose your keys, device or backup password.

4.7 Inactive accounts. If you do not connect to the Services for [120 days], we may delete your account after giving you notice. Where the Third Schedule to the DPDP Rules applies to us, we will erase your Personal Data after the inactivity period it prescribes, after giving you at least 48 hours' notice, unless the law requires us to keep it.

5. Licence to use the App

5.1 Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the App on devices you own or control, for your personal and lawful use.

5.2 You must not: (a) copy, modify, reverse-engineer, decompile or create derivative works of the App, except as permitted by law; (b) access the Services through unauthorised clients, bots or scrapers; (c) interfere with, overload or attempt to bypass the security or encryption of the Services; or (d) use the Services for bulk, automated or commercial messaging unless we expressly allow it.

5.3 The App may contain open-source components licensed under their own terms, listed at [URL / in-app "Licences" screen]. Nothing in these Terms restricts your rights under those licences.

5.4 We may release updates. Some updates may be required for continued use, including updates needed for security or legal compliance.

6. Privacy and your Personal Data

6.1 Privacy Notice. How we collect, use, share, store and erase Personal Data is set out in our Privacy Notice, which we give you before or at the time we seek your consent, as required by Section 5 of the DPDP Act. Please read it together with these Terms.

6.2 Data minimisation. We are designed to collect as little as we can. We collect only what we need to register you, deliver messages and calls, keep the Services secure, prevent fraud and abuse, and comply with Applicable Law.

6.3 Your rights. As a Data Principal you may, subject to the DPDP Act and rules under it: (a) obtain a summary of the Personal Data we process and the processing activities (Section 11); (b) ask us to correct, complete, update or erase your Personal Data (Section 12); (c) withdraw consent at any time, as easily as you gave it (Section 6(4)); (d) have your grievance redressed (Section 13); and (e) nominate a person to exercise your rights in the event of your death or incapacity (Section 14). You may exercise these rights in the App under Settings > Privacy > [Your Data Rights], through a registered Consent Manager, or by writing to [DPO / GRIEVANCE EMAIL]. Withdrawal of consent does not affect processing done before withdrawal, and may mean we cannot provide some or all of the Services.

6.4 Retention. We keep Personal Data only as long as needed for the purpose for which it was collected, or as Applicable Law requires. Applicable Law currently requires us, among other things, to keep: (a) records of information removed under the IT Rules, 2021 for 180 days; (b) registration information for 180 days after you cancel or withdraw your registration; (c) prescribed logs for 180 days under CERT-In directions; and (d) Personal Data, associated traffic data and processing logs for at least one year for the purposes specified in the DPDP Rules, 2025. Undelivered E2EE messages held on our servers are deleted after [30] days.

6.5 Security and breaches. We use reasonable security safeguards, including encryption, access controls and logging. If a Personal Data breach affects you, we will inform you and the Data Protection Board of India as required by Section 8(6) of the DPDP Act and the rules under it, and report cyber incidents to CERT-In as required by law.

6.6 Storage and transfer. We store Personal Data on servers located in [India / list countries]. We will not transfer Personal Data to any country or territory to which the Central Government has restricted transfer under Section 16 of the DPDP Act.

6.7 Complaints to the Board. If you are not satisfied with how we resolve your grievance, you may complain to the Data Protection Board of India after exhausting our grievance process, as provided in Section 13(3) of the DPDP Act.

7. Encryption: what we can and cannot access

7.1 E2EE by default. One-to-one chats, group chats, voice and video calls, and media shared in them are protected by End-to-End Encryption. We do not hold the keys needed to read that Content and cannot read, listen to or view it.

7.2 What we can see. To operate the Services we process limited Metadata, such as your phone number, account creation date, last connection date, device and app version, and IP address at connection. The Privacy Notice lists the categories and how long we keep each.

7.3 Exceptions you control. Content is no longer protected by our E2EE once it leaves the encrypted channel, for example when: (a) you or a recipient forwards, screenshots, exports or prints it; (b) you back it up to a third-party cloud service that is not end-to-end encrypted; or (c) you report a message to us, in which case the reported message(s) and the [5] preceding messages in that chat are sent to us from your device so that we can review them.

7.4 Lawful obligations. We comply with Applicable Law. Where the law requires us to provide information or technical assistance, we will do so only to the extent that the information is in our possession and the assistance is technically possible without access to decryption keys that we do not hold. If we are designated as a significant social media intermediary, we will comply with obligations that apply to us under Rule 4 of the IT Rules, 2021, subject to any order of a competent court.

7.5 No guarantee of absolute security. No system is perfectly secure. Your security also depends on your device, operating system, the people you message and how they handle Content.

8. Your Content

8.1 Ownership. You own your Content. We do not claim ownership of it.

8.2 Limited licence to us. To operate the Services you grant us a worldwide, non-exclusive, royalty-free, transferable licence to store, transmit, route, cache and deliver your Content (in encrypted form where E2EE applies) and to display your profile name, photo and "about" information to others as your settings allow. This licence is only for operating, securing and improving the Services and ends when your Content is deleted from our systems, except where retention is required by law.

8.3 Your responsibility. You are solely responsible for the Content you send and for having all rights and permissions needed to send it. We act as an intermediary within the meaning of Section 2(1)(w) of the IT Act. We do not initiate transmissions, select receivers, or select or modify the Content you send.

8.4 Contacts. If you choose to give us access to your address book, you confirm that you are lawfully permitted to share those numbers with us. We use them only to show you which of your contacts use the App, in the manner described in the Privacy Notice [e.g., using hashed and truncated numbers that are not stored after matching].

9. Acceptable use and prohibited Content

9.1 Prohibited Content. In accordance with Rule 3(1)(b) of the IT Rules, 2021, you must not host, display, upload, modify, publish, transmit, store, update or share any information that:

1. belongs to another person and to which you have no right;
2. is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relates to or encourages money laundering or gambling, or promotes enmity between groups on grounds of religion or caste with intent to incite violence;
3. is harmful to a child;
4. infringes any patent, trademark, copyright or other proprietary right;
5. deceives or misleads the addressee about the origin of the message, or knowingly and intentionally communicates misinformation or information that is patently false, untrue or misleading;
6. impersonates another person;
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order, incites the commission of any cognisable offence, prevents the investigation of any offence, or insults another nation;
8. contains a software virus or any other code, file or programme designed to interrupt, destroy or limit the functionality of any computer resource;
9. is an online game that is not a permissible online game, or advertises or promotes such a game, including any online money game prohibited under the Promotion and Regulation of Online Gaming Act, 2025; or
10. violates any law for the time being in force.

9.2 Prohibited conduct. You must not use the Services to: (a) send spam, bulk or unsolicited commercial messages; (b) commit or facilitate fraud, phishing, "digital arrest" scams, impersonation of public officials, or other cyber-financial crime; (c) stalk, threaten, harass, bully or intimidate anyone; (d) share non-consensual intimate images or morphed images of any person; (e) recruit for, or promote, terrorist or unlawful organisations; (f) sell or offer prohibited goods, including narcotics, arms and ammunition; (g) collect information about others without consent; or (h) create accounts by automated means or in bulk.

9.3 Child safety — zero tolerance. Child sexual abuse material (CSAM) is strictly prohibited. Where we obtain knowledge of CSAM or of an offence under the Protection of Children from Sexual Offences Act, 2012, we will remove access to it, ban the accounts involved, preserve evidence and report it to the Special Juvenile Police Unit or local police as required by Sections 19 to 21 of that Act, and to the National Cyber Crime Reporting Portal.

9.4 Consequences. If you breach this Clause 9 or the Community Guidelines, we may, in addition to any other right: (a) remove or disable access to the Content where it is accessible to us; (b) restrict features such as forwarding or group creation; (c) suspend or terminate your account; and (d) report offences to the appropriate authorities as required by law. Breach of Applicable Law may also expose you to penalties and prosecution under the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 and other laws.

9.5 Reporting. You can report a user, a group or a message in the App by long-pressing it and selecting "Report", or by blocking the user. You can also complain to our Grievance Officer under Clause 13.

10. Third-party services, payments and app stores

10.1 Third-party services. The App may let you open links or use services provided by others (such as maps, payment apps or cloud backup). Those services are governed by their own terms and privacy policies. We are not responsible for them.

10.2 Paid features. The core messaging Services are free. If we offer paid features, the price, taxes (including GST), billing cycle, renewal, cancellation and refund terms will be shown to you before you pay. Payments made through the Google Play Store or the Apple App Store are processed by them under their terms.

10.3 No advertising in chats. [We do not show advertisements inside your chats and do not use your Content for advertising.]

11. Requests from government and law enforcement

11.1 We respond to requests from courts and government agencies only where they are made under, and meet the requirements of, Applicable Law. These include: orders of a competent court; reasoned written intimations under Rule 3(1)(d) of the IT Rules, 2021 issued by an officer not below the rank of Joint Secretary (or, for police, not below Deputy Inspector General of Police); directions under Sections 69 and 69A of the IT Act; lawful orders for information under Rule 3(1)(j) of the IT Rules, 2021; and notices under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

11.2 We review each request for legal validity, scope and proportionality. We may seek clarification of, or challenge, a request that is defective, overbroad or not authorised by law.

11.3 We can provide only information that is in our possession. Because of End-to-End Encryption, we do not have access to message Content. Where electronic records are produced as evidence, we will furnish the certificate required by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.

11.4 Unless the law or the order prohibits it, or notice would create a risk of harm, we will tell you when we restrict your account or remove Content in response to a government order, with the reason, so that you may seek remedies.

11.5 We may disclose limited information without a formal order where we believe in good faith that it is necessary to prevent imminent death or serious physical harm, to the extent permitted by Applicable Law.

11.6 [We publish a transparency report at [URL] at least [every six months] showing the number and type of government requests received and how we responded.]

12. Grievance redressal

12.1 Grievance Officer. In accordance with Rule 3(2) of the IT Rules, 2021 and Section 8(10) of the DPDP Act, our Grievance Officer is:

12.2 How to complain. Send your complaint in the App, by email or by post. Please include your name, your registered mobile number (if you are a user), a description of the complaint, and any supporting material such as screenshots, the reported account's number or username, and the date and time.

12.3 Timelines. We will: (a) acknowledge your complaint within 24 hours; (b) resolve it within 7 days of receipt; (c) act on a complaint seeking removal of information that falls within Clause 9.1 within 36 hours of receipt, as far as the information is accessible to us; and (d) act on a complaint by you, or by any person on your behalf, about Content that exposes your private area, shows you in full or partial nudity or in a sexual act, or is an impersonation including an artificially morphed image of you, within 2 hours of receipt, to the extent technically feasible.

12.4 Data-protection grievances. Requests and grievances about your Personal Data under the DPDP Act may be sent to the same officer. We will respond within the period prescribed under the DPDP Rules, 2025.

12.5 Appeal. If you are dissatisfied with the Grievance Officer's decision, you may appeal to the Grievance Appellate Committee constituted under Rule 3A of the IT Rules, 2021, within 30 days of receiving the decision, through https://gac.gov.in. This does not affect your right to approach a court or other authority.

12.6 Additional officers. [If and when the Company is a significant social media intermediary: Chief Compliance Officer: [●]; Nodal Contact Person (24×7 for law enforcement): [●]; Resident Grievance Officer: [●]. Each is resident in India. Contact details: [●].]

13. Suspension and termination

13.1 By you. You may stop using the Services and delete your account at any time under Settings > Account > Delete Account.

13.2 By us. We may suspend, restrict or terminate your access, or remove Content accessible to us, if: (a) you breach these Terms, the Community Guidelines or Applicable Law; (b) we are required to do so by law or by an order of a court or authorised agency; (c) your mobile number fails validation or your SIM is no longer active; (d) your account is used for fraud, spam or other abuse, or poses a risk to others; or (e) we discontinue the Services in your region.

13.3 Notice and appeal. Where we act on our own initiative, we will tell you the reason and give you an opportunity to dispute it in the App, unless doing so is prohibited by law, would compromise an investigation, or would put anyone at risk. Where we are a significant social media intermediary, we will do this as required by Rule 4(8) of the IT Rules, 2021.

13.4 Effect. On termination, your licence under Clause 5 ends. Clauses 6.4, 8.3, 12, 15 to 20 and any other provision that by its nature should survive, survive termination.

14. Account deletion

14.1 When you delete your account we will: (a) delete your account information and profile photo; (b) remove you from all groups; and (c) delete undelivered messages held on our servers.

14.2 Deletion does not affect copies of messages and media already delivered to other users, which remain on their devices, or any backup you made with a third-party service.

14.3 We may keep some information after deletion only as required or permitted by Applicable Law, as described in Clause 6.4 and in the Privacy Notice. Such information will be kept securely and erased when the retention period ends.

15. Disclaimers

15.1 We provide the Services on an "as is" and "as available" basis. To the extent permitted by Applicable Law, we disclaim all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.

15.2 We do not guarantee that the Services will be uninterrupted, error-free, or available on every device, operating system or network, or that messages or calls will always be delivered.

15.3 No emergency calling. The App is not a substitute for ordinary telephone services and cannot be used to call emergency services. In an emergency, dial 112.

15.4 We do not control, endorse or take responsibility for Content sent by users. Nothing in these Terms affects any right you have as a consumer that cannot be excluded under Applicable Law.

16. Limitation of liability

16.1 To the extent permitted by Applicable Law, we will not be liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, data or goodwill, arising out of or relating to these Terms or the Services.

16.2 Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Services in any twelve-month period will not exceed the greater of: (a) the amount you paid us for the Services in the twelve months before the claim arose; and (b) ₹[10,000].

16.3 Nothing in these Terms limits or excludes liability for: (a) fraud or wilful misconduct; (b) gross negligence; (c) death or personal injury caused by negligence; (d) our obligations under the DPDP Act, including Section 8; or (e) any other liability that cannot be limited or excluded under Applicable Law.

17. Indemnity

You will indemnify us, our affiliates, directors, officers and employees against any third-party claim, loss, penalty or reasonable legal cost arising from: (a) your breach of these Terms or Applicable Law; or (b) Content you send that infringes the rights of any person. You will not be liable under this Clause for loss to the extent caused by our own breach or negligence.

18. Governing law and disputes

18.1 These Terms are governed by the laws of India.

18.2 Amicable resolution. Before starting any formal proceeding, please contact us at [legal@skisho.co]. Both parties will try in good faith to resolve the dispute within 30 days.

18.3 Arbitration. Any dispute not resolved under Clause 19.2 shall be referred to arbitration by a sole arbitrator appointed by mutual agreement of the parties, failing which in accordance with Section 11 of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Coimbatore, Tamil Nadu, India. The arbitration shall be conducted in English [or online].

18.4 Courts. Subject to Clause 19.3, the courts at Coimbatore, India shall have exclusive jurisdiction.

18.5 Consumer rights preserved. Nothing in this Clause 19 prevents you from approaching a Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019, the Data Protection Board of India, the Grievance Appellate Committee, or any other statutory forum available to you.

19. General

19.1 Changes to these Terms. We may change these Terms to reflect changes in the law, the Services or our practices. We will give you at least [30] days' notice in the App of any material change, unless a shorter period is required by law. If you continue to use the Services after the change takes effect, you accept the revised Terms. If you do not agree, you may delete your account.

19.2 Periodic reminders. As required by Rule 3(1)(c) of the IT Rules, 2021, we will remind you at least once every three months of our right to act against breaches, your exposure to penalties under law, and our duty to report certain offences.

19.3 Language. These Terms are available in English, [Tamil, Hindi and other languages listed in the Eighth Schedule to the Constitution of India] in Settings > Language. You may read them in the language of your choice.

19.4 Notices. We may give you notice in the App, by SMS or by email. You may give us notice at legal@skisho.co or our registered office.

19.5 Assignment. You may not transfer your rights under these Terms. We may transfer ours to an affiliate or a successor in a merger, acquisition or sale of assets, on notice to you, provided your rights are not reduced.

19.6 Force majeure. We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, epidemics, war, network or power failure, or government action.

19.7 Severability and waiver. If any provision is held invalid, the rest remains in force. A failure to enforce a provision is not a waiver.

19.8 Entire agreement. These Terms, with the documents incorporated in Clause 1.3, are the entire agreement between you and us about the Services.

20. Additional terms for app stores

20.1 Apple. If you downloaded the App from the Apple App Store: (a) these Terms are between you and us, not Apple, and we, not Apple, are solely responsible for the App; (b) Apple has no obligation to provide maintenance or support; (c) if the App fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price (if any), and Apple has no other warranty obligation; (d) we, not Apple, are responsible for any product, legal-compliance or intellectual-property claims relating to the App; (e) you represent that you are not in a country subject to a U.S. Government embargo or on any U.S. Government list of prohibited or restricted parties; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

20.2 Google. If you downloaded the App from Google Play, the Google Play Terms of Service also apply to your download. Google is not a party to these Terms.

21. Contact us

Skisha Private Limited · 1st Floor, Sowripalayam, Coimbatore-641 028 · [support@domain] · Grievance Officer: see Clause 13.