ENIP – End User License Agreement (EULA)

1. Acknowledgement

1.1 This EULA is concluded between you and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the App and its content.

1.2 This EULA supplements, and must be read together with, the ENIP Terms of Use, Child Safety Policy, Community Guidelines and Privacy Policy (together, the "ENIP Policies"). If there is a conflict between this EULA and the Terms of Use regarding the licence to the App, this EULA prevails on that point; on all other matters the Terms of Use prevail.

1.3 This EULA does not limit any minimum terms required by Apple's Licensed Application End User License Agreement or the Apple Media Services Terms and Conditions, which apply to the extent required.

2. Eligibility

2.1 The App is intended only for persons aged 18 years or older who are legally competent to enter into a binding contract under the Indian Contract Act, 1872 or equivalent laws of their jurisdiction.

2.2 By using the App you represent and warrant that you are at least 18 years old, that the information you provide is true, accurate and current, and that you are not prohibited by law from using the App.

2.3 We may require age or identity verification, and may suspend or terminate accounts we reasonably believe belong to a person under 18.

3. Scope of Licence

3.1 Subject to your compliance with this EULA, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the App on Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you via Apple Family Sharing or volume purchasing, as permitted by those rules.

3.2 The licence is for your personal, non-commercial use only. The App is licensed, not sold. All rights not expressly granted are reserved by the Company and its licensors.

4. Restrictions

You shall not, and shall not permit anyone else to:

• (a) copy, modify, adapt, translate or create derivative works of the App;
• (b) reverse engineer, decompile, disassemble or attempt to derive the source code, algorithms or models of the App, except to the extent such restriction is prohibited by applicable law;
• (c) rent, lease, lend, sell, sublicense, distribute, or otherwise commercially exploit the App;
• (d) remove, alter or obscure any proprietary notices, labels or marks;
• (e) circumvent or interfere with security, verification, moderation, rate-limiting or access-control features;
• (f) use bots, scrapers, crawlers or automated means to access the App or harvest data or profiles of other Users;
• (g) use the App to develop a competing product or to train any machine-learning model;
• (h) use the App for any unlawful, fraudulent, harassing, discriminatory, or harmful purpose, or in breach of the Community Guidelines; or
• (i) impersonate any person, create fake or duplicate profiles, or misrepresent your identity, age or affiliation.

5. User Accounts and Safety

5.1 You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorised use.

5.2 No guarantee of matches or outcomes. The App is a platform to connect and network with other Users. We do not guarantee any number, quality or type of connection, match or relationship.

5.3 Interactions with other Users. You are solely responsible for your interactions with other Users, online and offline. We do not conduct exhaustive background checks and cannot guarantee any User's identity, intentions or conduct. Exercise caution, do not share sensitive personal or financial information, and meet in person only in public places after taking appropriate precautions.

5.4 Zero tolerance. ENIP has zero tolerance for objectionable content and abusive users. Content or conduct that violates the Community Guidelines, including sexual content, harassment, hate, threats, scams, and child sexual abuse and exploitation, is prohibited, and users responsible will be removed.

5.5 Reporting and blocking. You can report any profile, message, photo or other content, and block any user, directly in the App by visiting the profile of the person. We review every report within 24 hours of receiving it. We act within the shorter times required by law for intimate or morphed images shared without consent (currently 2 hours). Where we find a violation, we remove the content and suspend or permanently remove the responsible account.

6. User Content

6.1 "User Content" means any profile information, photos, text, audio, messages and other material you submit, upload or share through the App.

6.2 You retain ownership of your User Content. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, and process your User Content solely to operate, provide, secure and improve the App and as described in the Privacy Policy.

6.3 You represent and warrant that you own or have all necessary rights to your User Content and that it does not infringe any third-party right or violate any law or the Community Guidelines.

6.4 We do not pre-screen all User Content but may remove or disable access to any content that violates this EULA or the ENIP Policies, or where required by law.

7. Privacy and Data Protection

7.1 Your use of the App involves the processing of personal data as described in the ENIP Privacy Policy, which forms part of this EULA. We process personal data in accordance with the Digital Personal Data Protection Act, 2023 and other applicable Indian law.

7.2 By using the App, you acknowledge that you have read the Privacy Policy. Where consent is required for specific processing (for example, location, camera, microphone or notifications), we will request it separately, and you may withdraw it at any time through the App settings or by contacting us, subject to applicable law.

8. AI-Enabled Features

The App may use automated systems, including artificial-intelligence and machine-learning features, to provide recommendations, suggestions or other functionality. Such outputs may be inaccurate or incomplete and are provided for convenience only; you should exercise your own judgement before relying on them.

9. Intellectual Property

9.1 The App, including its software, design, features, text, graphics, logos, trademarks (including "ENIP"), and all related intellectual property rights, are and remain the exclusive property of the Company and its licensors. Nothing in this EULA transfers any ownership to you.

9.2 Third-party IP claims. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of such claim.

10. Feedback

If you provide suggestions, ideas or feedback about the App, you grant the Company a perpetual, irrevocable, royalty-free licence to use it without obligation to you.

11. Updates, Maintenance and Support

11.1 We may release updates, patches or new versions, and may require you to install them to continue using the App. Some updates may modify or remove features.

11.2 The Company, and not Apple, is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services. Support feature is available in app and also can be availed by mailing [email protected].

12. Third-Party Services and Terms

12.1 The App may rely on or link to third-party services (for example, maps, analytics, authentication, cloud hosting or messaging). We are not responsible for third-party services, and your use of them is governed by their own terms.

12.2 You must comply with applicable third-party terms when using the App (for example, your wireless data service agreement). You are responsible for any data charges incurred through your use of the App.

13. Term and Termination

13.1 This EULA is effective from the date you first download or use the App and continues until terminated.

13.2 You may terminate at any time by deleting your account (through the App settings) and uninstalling the App.

13.3 We may suspend or terminate your licence and access immediately, with or without notice, if you breach this EULA or the ENIP Policies, engage in conduct that harms other Users or the Company, or where required by law.

13.4 On termination, your licence ends and you must stop using and delete the App. Sections that by their nature should survive (including Sections 4, 6.3, 9, 10, 14–19) will survive termination. Data retention after termination is governed by the Privacy Policy.

14. Warranty Disclaimer

14.1 Apple warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) paid for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

14.2 Company disclaimer. To the maximum extent permitted by law, the App is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted or error-free operation, or that the App will be free of harmful components. We do not warrant the conduct, identity or intentions of any User, or the accuracy of any User Content.

15. Limitation of Liability

15.1 To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, affiliates and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or reputation, arising out of or relating to your use of, or inability to use, the App, or any interaction with other Users, even if advised of the possibility of such damages.

15.2 The Company's total aggregate liability arising out of or relating to this EULA or the App shall not exceed the greater of (a) the amount you paid to the Company for the App in the twelve (12) months preceding the claim, or (b) INR Ten Thousand (10,000).

15.3 Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct or death or personal injury caused by negligence.

16. Indemnity

You agree to indemnify and hold harmless the Company and its directors, officers, employees and affiliates from any claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising out of your breach of this EULA or the ENIP Policies, your User Content, or your violation of any law or third-party right.

17. Product Claims

You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including without limitation: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

18. Legal Compliance and Export

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You shall use the App in compliance with all applicable laws, including export and sanctions laws.

19. Governing Law, Dispute Resolution and Jurisdiction

19.1 This EULA is governed by the laws of India, without regard to conflict-of-law principles.

19.2 Informal resolution. Before initiating any formal proceeding, the parties shall first attempt to resolve any dispute in good faith by sending written notice to the registered address of the company or by writing an email to [email protected], for at least thirty (30) days.

19.3 Arbitration. Any dispute, claim or controversy arising out of or relating to this EULA that is not resolved informally shall be finally settled by arbitration under the Arbitration and Conciliation Act, 1996. The tribunal shall consist of a sole arbitrator appointed in accordance with the Act. The seat and venue of arbitration shall be Hyderabad, Telangana, India, and the language shall be English. The award shall be final and binding.

19.4 Jurisdiction. Subject to Section 19.3, the courts at Hyderabad, Telangana, India shall have exclusive jurisdiction over any matter arising out of or relating to this EULA, including for interim relief and enforcement of an arbitral award.

19.5 Nothing in this Section affects any non-waivable rights you may have under applicable consumer protection law.

20. Third-Party Beneficiary

You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

21. General

21.1 Entire agreement. This EULA, together with the ENIP Policies, is the entire agreement between you and the Company regarding the App and supersedes prior understandings.

21.2 Changes. We may modify this EULA from time to time. Material changes will be notified through the App or by other reasonable means, and continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the App.

21.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

21.4 No waiver. Failure to enforce any right is not a waiver of that right.

21.5 Assignment. You may not assign this EULA without our prior written consent. We may assign it in connection with a merger, restructuring or sale of assets.

21.6 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.

21.7 Language. This EULA is drafted in English, which shall prevail over any translation.

21.8 Contact. Questions, complaints or claims about the App: Echelonera Technologies Private Limited, Flat No. M 70/110, Mansarovar, Jaipur, Rajasthan – 302020, India; [email protected].