1. Platform Nature, Legal Positioning and Intermediary Status
1.1 Corporate Identity and Nature of Services: The Platform is owned and operated by Rusaka Technologies Private Limited, a company duly incorporated under the Companies Act, 2013 and having its registered office in India. The Platform provides a digital technology infrastructure that enables registered Users to create, upload, publish, subscribe to, and access user-generated digital content through subscription and pay-per-view mechanisms.
1.2 Intermediary Classification: The Platform functions strictly and exclusively as an 'intermediary' within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. The Company provides access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted.
1.3 No Editorial Control: The Company does not create, develop, commission, produce, curate, select, modify, edit, preview, endorse, promote, or certify any user-generated content uploaded to the Platform. The Company does not exercise editorial control over lawful content uploaded by Users.
1.4 No Initiation or Selection of Transmission: In accordance with Section 79(2) of the Information Technology Act, 2000, the Company does not initiate transmission of user-generated content, does not select the receiver of such transmission, and does not select or modify the information contained in such transmission.
1.5 Safe Harbour Protection: Subject to due diligence compliance and adherence to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended), the Company is entitled to safe harbour protection under Section 79 of the Information Technology Act, 2000. Such protection applies provided that the Company does not have actual knowledge of unlawful content or, upon receiving actual knowledge through a lawful order or notification, expeditiously removes or disables access to such content.
1.6 Due Diligence Compliance: The Company undertakes reasonable and lawful due diligence measures as required under applicable Indian law, including but not limited to implementing grievance redressal mechanisms, content reporting systems, automated monitoring tools, and compliance officers as mandated under law.
1.7 No Partnership or Agency: Nothing contained in these Terms shall be construed to create a partnership, joint venture, employment relationship, agency relationship, or franchise arrangement between the Company and any Creator or Subscriber. Creators act independently and are solely responsible for the content they upload and monetise.
1.8 Platform Neutrality: The Platform operates as a neutral technology infrastructure provider and does not promote, incentivize, or encourage any specific category of content. The Company does not guarantee the legality, authenticity, accuracy, or compliance of any user-generated content.
1.9 No Assumption of Liability for User Conduct: Users acknowledge that all interactions, transactions, subscriptions, and communications occurring through the Platform are conducted directly between Users. The Company shall not be liable for disputes arising from such interactions, except to the extent required by applicable law.
1.10 Regulatory Compliance Statement: The Company reserves the right to comply with any lawful directive, court order, statutory requirement, or governmental instruction issued under applicable Indian laws, including but not limited to blocking, removal, or disclosure obligations.
2. Eligibility, Registration and Age Verification
2.1 Minimum Age Requirement: Access to and use of the Platform is strictly limited to individuals who are at least eighteen (18) years of age at the time of registration and use. By registering or using the Platform, the User represents and warrants that they are eighteen (18) years of age or older and legally competent to enter into binding contracts under the Indian Contract Act, 1872.
2.2 Absolute Prohibition on Minors: The Platform does not permit access, registration, content upload, subscription, purchase, or interaction by any individual below eighteen (18) years of age. Any account found to be operated by or on behalf of a minor shall be immediately suspended or terminated without prior notice. In cases involving suspected minor exploitation, the Company reserves the right to notify appropriate law enforcement authorities under applicable Indian law, including the POCSO Act.
2.3 Creator Age Verification and KYC: All Users registering as Creators shall undergo mandatory identity verification, which may include submission of government-issued identification documents, PAN, Aadhaar (where lawfully permissible), passport, or other legally acceptable identification documentation. The Company may use third-party verification services to confirm identity and age authenticity.
2.4 Subscriber Age Declaration: Subscribers shall be required to provide an age declaration at the time of registration. The Company reserves the right to request additional verification documentation if there is reasonable suspicion regarding age misrepresentation.
2.5 Consent and Legal Capacity: By registering on the Platform, Users expressly confirm that they have full legal capacity to enter into this Agreement and that doing so does not violate any existing contractual, statutory, or regulatory obligations applicable to them.
2.6 Accuracy of Information: Users agree to provide true, accurate, current, and complete information during registration and to promptly update such information if it changes. The Company reserves the right to suspend or terminate accounts where information is found to be false, misleading, incomplete, or unverifiable.
2.7 Account Ownership and Control: Each User account is personal and non-transferable. Users shall not assign, transfer, sell, or allow third parties to operate their accounts. The User remains solely responsible for all activities conducted through their account.
2.8 Device and Access Responsibility: Users are responsible for ensuring that access to the Platform through their devices is secure and restricted to authorized individuals. The Company shall not be liable for unauthorized access arising from user negligence.
2.9 Geographic Compliance: Users accessing the Platform from outside India acknowledge that the Platform is operated from India and governed by Indian law. Users are responsible for ensuring that their access and use comply with local laws applicable in their jurisdiction.
2.10 Right to Deny Access: The Company reserves the right, at its sole discretion and without liability, to deny registration, restrict access, suspend, or terminate accounts that fail to satisfy eligibility requirements or that present regulatory, legal, or reputational risks.
2.11 Ongoing Verification Rights: The Company may conduct periodic re-verification of Creator identities and request updated documentation to ensure continued compliance with Indian law and intermediary due diligence requirements.
3. User Accounts
Users must provide accurate and complete information during registration. Users are solely responsible for maintaining confidentiality of login credentials. The Company reserves the right to suspend or disable accounts for violation of applicable law or these Terms.
5. Strictly Prohibited Content
5.1 Zero-Tolerance Policy: The Platform maintains a strict zero-tolerance policy toward unlawful, exploitative, or harmful content. Any content falling within the categories listed below is strictly prohibited and shall be subject to immediate removal, account suspension or termination, and where applicable, reporting to competent law enforcement authorities.
5.2 Sexual Content Involving Minors: Any depiction, simulation, animation, representation, or suggestion of a minor in sexual context is strictly prohibited. This includes real images, manipulated images, AI-generated depictions, age-play involving minors, or any content violative of the Protection of Children from Sexual Offences (POCSO) Act. Such content shall result in immediate account termination, preservation of evidence, and reporting to authorities.
5.3 Non-Consensual Intimate Imagery: The upload, publication, or distribution of intimate images or videos without the explicit consent of the person depicted is strictly prohibited. This includes revenge porn, leaked private content, hidden camera recordings, coercive content, blackmail content, or impersonation-based intimate media.
5.4 Prostitution and Sexual Services: The Platform strictly prohibits the promotion, offering, solicitation, negotiation, or facilitation of prostitution, escort services, physical meetups for sexual consideration, or any arrangement involving sexual services in exchange for money or other benefits. The Platform is not a marketplace for sexual services.
5.5 Human Trafficking and Exploitation: Content that indicates forced participation, third-party control over earnings, coercion, exploitation, trafficking indicators, or organized sexual exploitation is strictly prohibited.
5.6 Extreme or Illegal Sexual Conduct: Content involving bestiality, necrophilia, incest, rape simulations, coercive violence, extreme sexual violence, or any act prohibited under Indian penal law is strictly forbidden.
5.7 Deepfake and Impersonation: AI-generated or manipulated content that falsely represents another person in a sexual or explicit context without authorization is prohibited. Impersonation or unauthorized likeness usage shall result in removal and potential legal action.
5.8 Obscenity and Unlawful Pornography: Any content that violates applicable Indian obscenity laws, including material deemed obscene under the Information Technology Act, 2000 or Indian Penal Code provisions, is prohibited. While consensual adult content may be uploaded by Users subject to law, unlawful pornographic material is not permitted.
5.9 Illegal Activities: Content promoting or facilitating terrorism, drugs, weapons, organized crime, financial fraud, money laundering, or any other illegal activity under Indian law is strictly prohibited.
5.10 Enforcement Measures: Upon obtaining actual knowledge of prohibited content through a lawful order, government notice, or user complaint, the Company shall remove or disable access to such content within the timelines prescribed under applicable law, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
5.11 Repeat Violations: Users found repeatedly uploading prohibited content shall be permanently banned from the Platform and may be reported to relevant authorities.
5.12 No Endorsement: The presence of user-generated adult-oriented content on the Platform does not constitute endorsement, promotion, or encouragement by the Company. The Company operates solely as a neutral intermediary and shall not be liable for unlawful content uploaded by Users, provided it complies with its statutory due diligence obligations.
6. No Facilitation of Sexual Services
6.1 Platform Limitation: The Platform operates strictly as a digital content subscription and communication infrastructure. It is not a marketplace, brokerage, directory, agency, or intermediary for prostitution, escorting, companionship services, or physical sexual meetups.
6.2 Absolute Prohibition: Users are strictly prohibited from offering, soliciting, negotiating, promoting, or facilitating sexual services in exchange for money, gifts, cryptocurrency, subscriptions, digital payments, or any other form of consideration. This prohibition applies whether such solicitation is explicit, implicit, coded, suggestive, or conducted through private messages, comments, live streams, or external links.
6.3 No Physical Meetups: The arrangement of physical meetings for sexual purposes, whether paid or unpaid, including so-called 'private sessions', 'companionship', 'arrangements', 'sugar relationships', or similar terminology intended to circumvent this clause, is strictly prohibited.
6.4 No Third-Party Coordination: Users may not use the Platform to coordinate, advertise, broker, or refer sexual services through external communication channels, including messaging apps, websites, or social media platforms.
6.5 Monitoring and Enforcement: The Company reserves the right to monitor transactional patterns, messaging activity (consistent with applicable privacy law), and behavioural indicators that reasonably suggest solicitation or facilitation of sexual services. Accounts found engaging in such conduct shall be immediately suspended or permanently terminated.
6.6 Reporting to Authorities: Where the Company obtains actual knowledge or reasonable suspicion of prostitution, trafficking, or related unlawful activities, it reserves the right to preserve relevant records and cooperate with competent law enforcement authorities in accordance with applicable Indian law.
6.7 Independent User Conduct: Users acknowledge that any attempt to engage in sexual services or illegal activity through the Platform is undertaken independently and without authorization from the Company. The Company neither authorizes nor endorses such conduct and disclaims liability for actions undertaken by Users in violation of this clause.
6.8 Compliance with Indian Law: This clause is intended to ensure compliance with applicable Indian penal provisions relating to prostitution, trafficking, exploitation, and immoral activities. Users agree that violation of this section constitutes a material breach of these Terms.
7. Creator Warranties and Representations
7.1 Legal Capacity and Age Verification: Each Creator represents and warrants that they are at least eighteen (18) years of age and legally competent to enter into binding agreements under applicable Indian law. The Creator further warrants that every individual appearing in any content uploaded to the Platform is at least eighteen (18) years of age at the time of creation and publication.
7.2 Age Documentation Requirement: Creators shall obtain and securely maintain valid government-issued identification documentation verifying the age of all individuals appearing in their content. Such documentation must be retained for a minimum period required under applicable law and must be produced to the Company upon lawful request or regulatory inquiry.
7.3 Consent and Model Releases: Creators warrant that full, informed, voluntary, and documented consent has been obtained from all individuals appearing in any content. Creators must maintain written consent forms or model release agreements confirming participation and authorization for distribution on a subscription-based digital platform.
7.4 Lawful Content Assurance: Creators represent and warrant that their content complies with all applicable Indian laws, including but not limited to the Information Technology Act, 2000, Indian Penal Code provisions relating to obscenity, the POCSO Act, anti-trafficking laws, and any other relevant statutes. Creators shall not upload any content that is unlawful, exploitative, coercive, or otherwise prohibited under these Terms.
7.5 No Prostitution or Trafficking: Creators warrant that their content does not constitute solicitation, escorting, prostitution, trafficking, coercion, forced participation, or any arrangement involving sexual services in exchange for consideration.
7.6 No Infringement of Third-Party Rights: Creators represent and warrant that their content does not infringe any intellectual property rights, privacy rights, publicity rights, contractual rights, or other proprietary rights of any third party.
7.7 Authenticity and No Deepfake Misuse: Creators warrant that content is authentic and does not involve unauthorized impersonation, deepfake manipulation, morphed images, or AI-generated depictions of real individuals without explicit consent.
7.8 Independent Contractor Status: Creators operate independently and are not employees, agents, representatives, or partners of the Company. Creators are solely responsible for their content, pricing decisions, tax compliance, GST obligations (if applicable), and regulatory compliance.
7.9 Indemnification Obligation: Creators agree to indemnify, defend, and hold harmless Rusaka Technologies Private Limited, its directors, officers, employees, and affiliates from any claims, liabilities, regulatory penalties, criminal proceedings, damages, or legal costs arising out of or related to Creator content, misrepresentation, breach of these warranties, or violation of law.
7.10 Audit and Verification Rights: The Company reserves the right to request documentation supporting the warranties provided in this section, including proof of age and consent records. Failure to provide such documentation upon lawful request may result in immediate suspension or termination of the Creator’s account.
7.11 Survival of Obligations: The warranties and indemnification obligations contained in this section shall survive termination of the Creator’s account.
8. Indemnification, Allocation of Liability and Intermediary Protection
8.1 User as Originator and Distributor: Each User expressly acknowledges and agrees that any content uploaded, transmitted, published, monetised, displayed, streamed, or otherwise made available through the Platform is solely created, initiated, and distributed by the User. For all legal purposes, the User shall be deemed the originator, publisher, and distributor of such content under applicable law. The Company operates solely as a neutral technology intermediary and does not create, commission, curate, edit, promote, endorse, or exercise editorial control over user-generated content.
8.2 Exclusive Responsibility for Content: Users assume full and exclusive responsibility for all civil, criminal, regulatory, and statutory consequences arising from their content or conduct. This includes, without limitation, liability relating to obscenity, pornography, intellectual property infringement, privacy violations, trafficking, solicitation, misrepresentation, defamation, fraud, or any other violation of Indian law. The Company shall not be treated as the author, publisher, or active distributor of user content.
8.3 Adult Content Clarification: Where Users upload adult-oriented or sexually explicit content involving consenting adults, the legal responsibility for ensuring that such content complies with Indian law rests solely with the User. The Company neither endorses nor promotes such content and does not verify legality prior to publication. The presence of such content on the Platform shall not be interpreted as authorization, approval, or participation by the Company.
8.4 No Malicious Intent or Knowledge: Due to the scale, volume, and real-time nature of content uploads, the Company may not pre-screen, monitor, or audit every piece of content prior to publication. Users acknowledge that operational limitations inherent in digital platforms shall not be construed as malicious intent, constructive knowledge, authorization, or approval of unlawful content by the Company.
8.5 Full Indemnification Obligation: Users agree to indemnify, defend, and hold harmless Rusaka Technologies Private Limited, its shareholders, directors, officers, employees, affiliates, agents, and service providers from and against any and all claims, complaints, notices, investigations, enforcement actions, penalties, fines, damages, losses, costs, expenses, and legal fees (including advocate fees) arising out of or related to: (a) user-generated content; (b) violation of law; (c) infringement of third-party rights; (d) breach of representations or warranties; (e) misuse of the Platform; (f) any criminal or civil proceedings triggered by the User’s conduct.
8.6 Regulatory and Criminal Proceedings: In the event that any civil suit, criminal complaint, regulatory investigation, governmental inquiry, or judicial proceeding is initiated in relation to user content or conduct, the User responsible shall bear full legal responsibility and shall reimburse the Company for all associated legal costs, compliance costs, penalties, or settlement amounts incurred as a consequence of such proceedings.
8.7 Intermediary Safe Harbour Protection: The Company relies on safe harbour protections available under Section 79 of the Information Technology Act, 2000 and applicable rules. The Company shall not be liable for third-party content where it has complied with statutory due diligence obligations and has expeditiously removed or disabled access to unlawful content upon receiving actual knowledge through lawful orders or valid complaints.
8.8 Reporting and Good Faith Action: The Platform provides mechanisms for Users and third parties to report unlawful or policy-violating content. Upon receipt of a valid complaint or lawful directive, the Company shall review and take appropriate action within timelines prescribed by applicable Indian law. The Company reserves the right to suspend accounts, preserve records, remove content, and cooperate with law enforcement agencies.
8.9 Preservation and Disclosure: The Company may preserve data, account records, communication logs, and transaction details in compliance with statutory obligations and may disclose such information to competent authorities pursuant to lawful requests.
8.10 No Waiver of Non-Excludable Liability: Nothing in this section shall exclude liability that cannot be excluded under applicable Indian law. However, to the maximum extent permitted by law, the Company shall not be held liable for unlawful user-generated content where it has complied with intermediary due diligence requirements.
8.11 Continuing Obligation: The indemnification and allocation of liability provisions in this section shall survive suspension, termination, or deletion of the User’s account.
9. Content Moderation and Due Diligence
9.1 Intermediary Framework: The Platform operates as an intermediary under Section 2(1)(w) of the Information Technology Act, 2000 and performs due diligence obligations as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
9.2 Hybrid Moderation System: The Company maintains a hybrid moderation framework that may include automated AI-based scanning tools, keyword detection systems, behavioural analytics, hash-matching technologies, manual moderation review, and user reporting mechanisms to detect potentially unlawful or policy-violating content.
9.3 No Pre-Screening Obligation: Users acknowledge that the Platform operates at significant scale and receives a high volume of real-time content uploads. The Company does not pre-screen, pre-approve, or manually review every piece of content before publication. The inability to review all content prior to upload shall not be construed as endorsement, approval, knowledge, authorization, or malicious intent by the Company.
9.4 No Constructive Knowledge: The Company shall not be deemed to have constructive knowledge of unlawful content solely by virtue of hosting or transmitting user-generated content. The Company acts upon obtaining actual knowledge in accordance with applicable law.
9.5 Actual Knowledge Standard: In compliance with Section 79 of the Information Technology Act, 2000, the Company shall act upon receiving actual knowledge in the form of: (a) a court order; (b) a lawful direction from a competent governmental authority; or (c) a valid user complaint through the designated grievance mechanism identifying specific unlawful content.
9.6 Takedown Timelines: Upon obtaining actual knowledge of unlawful content, the Company shall expeditiously remove or disable access to such content within the timelines prescribed under applicable law, including but not limited to thirty-six (36) hours under the IT Rules, 2021, or such shorter period as may be required in cases involving imminent harm or minor safety.
9.7 Reporting Mechanism: The Platform provides accessible reporting channels through which Users and third parties may report content suspected to violate law or these Terms. Complaints shall be acknowledged within twenty-four (24) hours and processed in good faith.
9.8 Preservation of Records: The Company may preserve relevant data, account records, transaction logs, communication metadata, and digital evidence in compliance with statutory retention obligations and for cooperation with lawful investigations.
9.9 Cooperation with Authorities: The Company shall cooperate with competent law enforcement agencies, judicial authorities, and regulatory bodies in accordance with Indian law and may provide information as required under lawful requests.
9.10 Repeat Violators: Users found repeatedly uploading unlawful content may be permanently suspended or terminated from the Platform.
9.11 No Waiver of Intermediary Protection: Nothing in this section shall be interpreted as imposing an obligation on the Company to proactively monitor all user-generated content beyond what is required under applicable Indian law. The Company retains safe harbour protection subject to compliance with statutory due diligence obligations.
10. Grievance Redressal Mechanism
10.1 Appointment of Grievance Officer: In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company has appointed a designated Grievance Officer who shall be responsible for receiving, acknowledging, and resolving complaints relating to user-generated content and Platform conduct.
10.2 Publication of Contact Details: The name and contact details of the Grievance Officer, including official email address and communication channel, shall be made publicly available on the Platform in accordance with applicable law.
10.3 Filing of Complaints: Any User or third party may submit a complaint regarding unlawful, harmful, or policy-violating content. Complaints must clearly identify the specific content in question, provide sufficient details for identification, and specify the nature of the alleged violation.
10.4 Acknowledgment Timeline: All complaints received through the designated grievance mechanism shall be acknowledged within twenty-four (24) hours of receipt.
10.5 Resolution Timeline: The Grievance Officer shall examine and dispose of complaints within fifteen (15) days from the date of receipt, in accordance with applicable law.
10.6 Expedited Removal for Unlawful Content: Upon obtaining actual knowledge in the form of a court order, lawful governmental directive, or valid complaint identifying unlawful content, the Company shall remove or disable access to such content within thirty-six (36) hours or within such shorter period as required under law.
10.7 Minor Safety and Imminent Harm: Complaints relating to sexual content involving minors, trafficking indicators, non-consensual intimate imagery, or imminent risk of harm shall be prioritized for immediate review and action. The Company may suspend associated accounts and preserve evidence pending investigation.
10.8 Record Retention: In compliance with applicable law, the Company may retain records of complaints, actions taken, and relevant user data for a minimum period of one hundred eighty (180) days or longer if required by lawful order.
10.9 Communication of Action: Where appropriate and not prohibited by law, the Company may inform the complainant and/or affected User regarding the action taken on a complaint.
10.10 Abuse of Reporting Mechanism: Users are prohibited from submitting false, frivolous, malicious, or bad-faith complaints. The Company reserves the right to take appropriate action against Users who misuse the grievance process.
10.11 Cooperation with Authorities: The Company shall cooperate with competent law enforcement agencies, judicial authorities, and regulatory bodies in accordance with Indian law and may provide information pursuant to lawful requests.
10.12 Good Faith Compliance: The grievance redressal mechanism is implemented in good faith to ensure compliance with statutory obligations while preserving intermediary protections under Section 79 of the Information Technology Act, 2000.
11. Payments and Financial Compliance
11.1 Third-Party Payment Processors: The Platform integrates with independent third-party payment gateways, banks, and payment service providers to facilitate transactions between Users. The Company does not operate as a bank, non-banking financial company (NBFC), payment aggregator, or payment system operator under Indian law unless separately registered for such purpose.
11.2 No Custodial Role: Unless expressly stated otherwise, the Company does not hold funds as a trustee, escrow agent, or custodian on behalf of Users. Payment processing, settlement timelines, transaction failures, reversals, chargebacks, or technical disruptions are subject to the terms and conditions of the respective payment processor.
11.3 No Liability for Gateway Failures: The Company shall not be liable for payment gateway failures, transaction declines, settlement delays, chargebacks, currency conversion discrepancies, or banking errors arising from third-party payment systems.
11.4 Creator Tax Responsibility: Creators are solely responsible for compliance with all applicable tax laws, including but not limited to Income Tax Act obligations, Goods and Services Tax (GST) registration (where threshold limits are crossed), invoicing requirements, advance tax payments, and reporting of earnings. The Company does not provide tax advice.
11.5 Independent Earnings: Creators acknowledge that earnings generated through the Platform constitute income derived from their independent digital activities. Creators are responsible for declaring and reporting such income to appropriate authorities.
11.6 Anti-Money Laundering (AML) Compliance: The Company reserves the right to monitor transactions for suspicious patterns, unusually high volumes, rapid fund cycling, structuring behaviour, or indicators of money laundering, fraud, or unlawful financial activity.
11.7 Suspension for Suspicious Activity: The Company may temporarily suspend payouts, restrict account access, or request additional verification documentation where suspicious financial activity is detected. Such action may be taken pending internal review or lawful inquiry.
11.8 Regulatory Cooperation: The Company may preserve transaction records and cooperate with competent authorities, financial institutions, or investigative agencies pursuant to lawful requests under applicable Indian law, including anti-money laundering and anti-fraud regulations.
11.9 Chargebacks and Disputes: In the event of chargebacks, payment disputes, or fraudulent transactions, the Company reserves the right to recover corresponding amounts from the Creator’s earnings or future payouts, subject to applicable law and payment processor policies.
11.10 Platform Fees: The Company may charge a service fee or commission on transactions conducted through the Platform. Such fees shall be transparently communicated to Users. The Company’s revenue is derived from service facilitation and not from the sale or production of content.
11.11 Currency and Cross-Border Compliance: Users engaging in cross-border transactions are responsible for compliance with applicable foreign exchange laws, including the Foreign Exchange Management Act (FEMA), where applicable.
11.12 No Financial Advice: The Platform does not provide financial, investment, or payment advisory services. Any financial interactions are conducted at the sole discretion and responsibility of Users.
12. Data Protection and Privacy
12.1 Compliance with Applicable Law: The Company processes personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) and other applicable Indian laws. The Company acts as a Data Fiduciary with respect to personal data collected through the Platform.
12.2 Lawful Basis and Consent: Personal data shall be processed only for lawful purposes and based on clear, informed, and affirmative consent obtained from Users at the time of registration or data submission. Users may withdraw consent in accordance with applicable law, subject to consequences relating to continued use of the Platform.
12.3 Purpose Limitation and Data Minimization: Personal data shall be collected only for specific, lawful purposes including account creation, age verification, payment facilitation, security, compliance, and grievance handling. The Company shall limit collection to data that is reasonably necessary for such purposes.
12.4 Categories of Data Processed: The Company may process identification information, contact details, age verification documents, payment-related metadata, transaction logs, device identifiers, IP addresses, and communication metadata as necessary for lawful operation and regulatory compliance.
12.5 Security Safeguards: The Company implements reasonable technical and organizational safeguards including encryption, access controls, authentication mechanisms, secure storage protocols, and internal access restrictions to protect personal data against unauthorized access, disclosure, alteration, or destruction.
12.6 Restricted Access: Personal data shall be accessible only to authorized personnel on a need-to-know basis and subject to confidentiality obligations.
12.7 Data Retention: Personal data shall be retained only for as long as necessary to fulfill lawful purposes, comply with statutory retention requirements, resolve disputes, or enforce legal rights. Certain data, including grievance records and transaction logs, may be retained for a minimum period of one hundred eighty (180) days or longer where required by law.
12.8 User Rights: Subject to applicable law, Users may request access to their personal data, correction of inaccurate data, updating of incomplete information, or erasure of data where legally permissible. Such requests shall be processed in accordance with the DPDP Act.
12.9 Minor Data Protection: The Platform is strictly intended for individuals above eighteen (18) years of age. The Company does not knowingly process personal data of minors. If minor data is detected, it shall be deleted and the associated account terminated.
12.10 Data Breach Notification: In the event of a confirmed personal data breach that is likely to cause harm to Users, the Company shall notify affected Users and relevant authorities within seventy-two (72) hours or within such timeframe as prescribed under applicable law.
12.11 Cross-Border Data Transfers: Personal data may be processed or stored on servers located within or outside India, subject to compliance with applicable data protection laws and government notifications regarding permissible jurisdictions.
12.12 Disclosure to Authorities: The Company may disclose personal data to competent law enforcement agencies, judicial authorities, or regulatory bodies pursuant to lawful requests, court orders, or statutory obligations.
12.13 No Sale of Personal Data: The Company does not sell personal data to third parties. Data may be shared with service providers strictly for operational, compliance, payment processing, security, or legal purposes under contractual safeguards.
12.14 Privacy Policy: Further details regarding data collection, processing, retention, and user rights are provided in the Platform’s Privacy Policy, which forms an integral part of these Terms.
12.15 Limitation of Liability: While the Company implements reasonable security safeguards, no system is entirely immune from risk. The Company shall not be liable for unauthorized access or data breaches beyond its reasonable control, provided it has complied with statutory obligations under applicable law.
13. Limitation of Liability
13.1 Intermediary Position: The Platform operates as a neutral intermediary technology provider facilitating user-generated content and digital interactions. The Company does not create, endorse, verify, or guarantee the legality, accuracy, safety, or reliability of user content or user conduct.
13.2 Exclusion of Indirect Damages: To the maximum extent permitted under applicable Indian law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, reputational harm, emotional distress, data loss, goodwill loss, or anticipated savings arising out of or relating to use of the Platform.
13.3 User-Generated Content Risk: The Company shall not be liable for any claims, disputes, injuries, damages, or losses arising from user-generated content, including adult-oriented or explicit content uploaded by Users, provided the Company has complied with its statutory due diligence obligations under applicable law.
13.4 User Interactions: The Company shall not be responsible for interactions between Users, whether online or offline, including disputes, misconduct, misrepresentation, fraud, harassment, or illegal activities conducted by Users.
13.5 Payment and Financial Systems: The Company shall not be liable for payment gateway failures, transaction reversals, chargebacks, currency conversion discrepancies, settlement delays, banking errors, or third-party financial service disruptions.
13.6 Service Availability and Downtime: The Platform is provided on an "as-is" and "as-available" basis. The Company does not guarantee uninterrupted, secure, or error-free operation of the Platform. The Company shall not be liable for temporary or permanent unavailability, technical disruptions, cyber-attacks, infrastructure failures, maintenance interruptions, or force majeure events.
13.7 Third-Party Services: The Company shall not be liable for acts, omissions, failures, or breaches of third-party service providers including hosting providers, payment processors, verification vendors, or cybersecurity service providers.
13.8 Regulatory and Legal Proceedings: The Company shall not be liable for regulatory actions, investigations, complaints, or enforcement proceedings arising from unlawful acts of Users. Users acknowledge that they bear sole responsibility for compliance with applicable law.
13.9 Data and Security: While the Company implements reasonable safeguards, it shall not be liable for unauthorized access, hacking, data loss, or security breaches beyond its reasonable control, provided it has complied with statutory data protection obligations.
13.10 Aggregate Liability Cap: To the maximum extent permitted by law, the total aggregate liability of the Company arising out of or relating to the Platform shall not exceed the total service fees actually received by the Company from the affected User during the six (6) months preceding the event giving rise to liability.
13.11 Assumption of Risk: Users acknowledge that use of a digital content platform inherently involves exposure to user-generated content and online interactions. Users voluntarily assume such risks associated with lawful platform usage.
13.12 No Warranties: The Company disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability, except where such disclaimers are not permitted under applicable law.
13.13 Non-Excludable Liability: Nothing in this section shall exclude or limit liability that cannot be excluded under applicable Indian law, including liability arising from willful misconduct or statutory obligations that cannot legally be waived.
13.14 Survival: The provisions of this section shall survive termination of the User’s account and termination of these Terms.
14. Safe Harbour and Intermediary Status
14.1 Intermediary Classification: The Platform is operated by Rusaka Technologies Private Limited strictly as an intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000.
14.2 Limited Technical Role: The Company provides digital infrastructure that enables Users to create accounts, upload content, and interact with other Users. The Company does not create, originate, commission, or control user-generated content.
14.3 No Initiation of Transmission: The Company does not initiate the transmission of user content.
14.4 No Selection of Receiver: The Company does not select the receiver of any transmission except as automatically facilitated by user-directed functionality inherent to the Platform.
14.5 No Modification of Content: The Company does not modify, edit, curate, or alter user-generated content except where removal, restriction, or disabling of access is required to comply with applicable law or Platform policies.
14.6 Absence of Editorial Control: The Company does not exercise editorial control over lawful user-generated content and does not assume the role of publisher or author of such content.
14.7 No Constructive Knowledge: The mere hosting, storage, or transmission of user-generated content shall not be construed as the Company having knowledge of the legality or illegality of such content.
14.8 Conditional Safe Harbour: The Company is entitled to safe harbour protection under Section 79 of the Information Technology Act, 2000, subject to compliance with applicable due diligence obligations and lawful takedown requirements.
14.9 Preservation of Intermediary Protection: Nothing in these Terms shall be interpreted as expanding the Company’s role beyond that of an intermediary or as assuming publisher liability for user-generated content.
15. Suspension and Termination
15.1 Right to Suspend or Terminate: The Company reserves the right, at its sole discretion and in good faith, to suspend, restrict, disable, or permanently terminate any User account for violation of these Terms, applicable Indian law, regulatory directives, court orders, or lawful governmental instructions.
15.2 Immediate Action for Severe Violations: In cases involving suspected illegal activity, sexual content involving minors, trafficking indicators, solicitation of sexual services, fraud, money laundering, or imminent risk of harm, the Company may immediately suspend or terminate the account without prior notice.
15.3 Risk-Based Suspension: The Company may temporarily suspend accounts pending investigation where there is reasonable suspicion of policy violation, regulatory risk, suspicious financial activity, identity misrepresentation, or other conduct that may expose the Platform to legal liability.
15.4 Preservation of Records: Upon suspension or termination, the Company may preserve relevant account information, transaction records, communication logs, and digital evidence in compliance with statutory obligations and for cooperation with lawful investigations.
15.5 No Obligation to Provide Prior Notice: Where suspension or termination is necessary to comply with law, prevent harm, or mitigate legal risk, the Company shall not be obligated to provide advance notice to the affected User.
15.6 Effect of Termination: Upon termination, the User’s right to access or use the Platform shall immediately cease. The Company may disable access to content and restrict further interaction.
15.7 Withholding of Earnings: Where termination arises from unlawful conduct, fraud, policy violations, or regulatory breaches, the Company reserves the right to withhold pending payouts to the extent permitted under applicable law, particularly where such funds may be subject to investigation, chargeback exposure, or regulatory inquiry.
15.8 No Liability for Enforcement Action: The Company shall not be liable for any losses, damages, reputational harm, or business interruption arising from suspension or termination carried out in accordance with these Terms or applicable law.
15.9 Reinstatement Discretion: The Company may, at its sole discretion, consider reinstatement requests. However, reinstatement is not guaranteed and shall be subject to verification, compliance review, and regulatory considerations.
15.10 Survival of Obligations: Termination of an account shall not relieve the User of obligations accrued prior to termination, including indemnification obligations, liability for unlawful content, or cooperation with investigations.
16. Law Enforcement Cooperation
16.1 Compliance with Lawful Orders: The Company shall comply with lawful court orders, government notifications, statutory directives, and requests issued by competent authorities under applicable Indian law, including but not limited to the Information Technology Act, 2000 and allied rules.
16.2 Data Production and Disclosure: Upon receipt of a valid and lawful request from authorized law enforcement agencies, judicial authorities, or regulatory bodies, the Company may produce account information, transaction records, communication metadata, IP logs, identity verification records, or other relevant data within timelines prescribed under applicable law.
16.3 Preservation Requests: The Company may preserve specified data and account records upon receipt of lawful preservation requests or where required to prevent destruction of evidence in connection with ongoing investigations.
16.4 Expedited Cooperation: In cases involving sexual content involving minors, trafficking, threats to life, terrorism, or other serious offences, the Company may take expedited action including immediate suspension of accounts and prompt cooperation with authorities.
16.5 Confidentiality of Investigations: Where disclosure restrictions apply under law, the Company may be prohibited from notifying affected Users about governmental or investigative requests. Users acknowledge that the Company may comply with such restrictions.
16.6 Good Faith Compliance: Any disclosure, restriction, or action taken by the Company in good faith pursuant to lawful authority shall not constitute breach of these Terms and shall not give rise to liability against the Company.
16.7 Limitation of Obligation: Nothing in this section shall be interpreted as imposing an obligation on the Company to conduct independent investigations beyond what is required under applicable law. The Company’s role remains that of an intermediary subject to statutory due diligence requirements.
17. Governing Law and Jurisdiction
17.1 Governing Law: These Terms, the use of the Platform, and any dispute arising out of or relating to the Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
17.2 Exclusive Jurisdiction: Subject to applicable statutory or regulatory authority, the courts located in the State of Maharashtra, India, shall have exclusive jurisdiction over all civil disputes arising out of or relating to these Terms or the use of the Platform.
17.3 Submission to Jurisdiction: Users expressly submit to the personal and territorial jurisdiction of the courts in Maharashtra and waive any objection relating to forum non conveniens or inconvenient forum.
17.4 Regulatory Authority: Nothing in this section shall limit the jurisdiction of statutory authorities, law enforcement agencies, or regulatory bodies empowered under Indian law.
17.5 Survival: This Governing Law and Jurisdiction clause shall survive termination of these Terms and termination of User accounts.
18. Amendments
18.1 Right to Modify: The Company reserves the right to amend, update, revise, or modify these Terms at its sole discretion to reflect changes in law, regulatory requirements, business practices, technical developments, risk mitigation measures, or operational needs.
18.2 Notice of Material Changes: Users shall be notified of material changes to these Terms at least seven (7) days prior to implementation through email communication, in-platform notification, or prominent notice on the Platform.
18.3 Immediate Changes for Legal Compliance: Notwithstanding the foregoing, amendments required to comply with applicable law, court orders, governmental directives, or urgent risk mitigation measures may take effect immediately upon publication without prior notice.
18.4 Continued Use Constitutes Acceptance: Continued access to or use of the Platform after the effective date of revised Terms shall constitute acceptance of such amendments. Users who do not agree to the revised Terms must discontinue use of the Platform and may request account termination.
18.5 Version Control: The Company may maintain updated versions of these Terms on the Platform, and the most recent version shall govern User access and use from its effective date.
18.6 No Retroactive Waiver of Rights: Amendments shall apply prospectively from the effective date and shall not waive rights or obligations accrued prior to such date unless expressly stated.
18.7 Severability of Amendments: If any amendment is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Survival
19.1 Continuing Effect: Termination, suspension, or deletion of a User account shall not affect any rights, obligations, liabilities, or remedies that have accrued prior to such termination.
19.2 Surviving Provisions: Without limitation, the following provisions shall survive termination of these Terms and termination of User accounts: (a) Creator warranties and representations; (b) indemnification obligations; (c) allocation of liability; (d) limitation of liability; (e) data retention and preservation obligations; (f) law enforcement cooperation; (g) governing law and jurisdiction; (h) payment obligations and outstanding dues; and (i) any provisions which by their nature are intended to survive.
19.3 Ongoing Investigations: If an account is terminated while subject to investigation, complaint, regulatory inquiry, or legal proceeding, the Company may retain relevant data and cooperate with authorities as required by law.
19.4 Preservation of Claims: Termination shall not waive or extinguish any claims the Company may have against a User arising from unlawful conduct, breach of these Terms, indemnification obligations, or financial liabilities.
19.5 Enforcement Post-Termination: The Company retains the right to pursue legal remedies, recover losses, and enforce surviving provisions after termination to the maximum extent permitted under applicable Indian law.