Terms & Conditions

Enforcement Date: 25th April 2025

Introduction

Welcome to VLNCY, operated by Strangequark India Private Limited, for users located in Bengaluru, India. As used in this End User License Agreement (“EULA”) (Terms & Conditions) the terms “VLNCY”, “us”, “we”, the “Company” and “our” shall refer to VLNCY/ Strangequark India Private Limited, as appropriate; and the terms “User” or “You” shall refer to the End User seeking to utilise our Service(s). Together you and VLNCY may be referred to as the “Parties” or separately as “Party”.

In a world buzzing with endless possibilities, VLNCY is a platform that enables you to create quality human connections. The search for heterosexual romantic relationships may be thrilling and daunting, and that’s why we’ve meticulously crafted VLNCY to be more than just your ordinary dating app. It utilises a scientific approach to help you authentically explore, engage, and evolve in your quest for a meaningful connection.

Our app is not solely about algorithms. It is about sparking genuine conversations through established scientific theories that enable like-minded individuals to find their perfect companion. The UI/UX interface uses the Fisher Temperament Inventory (“FTI”) consisting of 60 questions, and ASMR Sound Responses (“ASMR Test”) comprising of 7 questions to standardise all our users. The number of test items may vary with time subject to new research findings and developments. Based on these responses to the questionnaire every individual is generated with our unique recommendation system that provides for matches without any information overload on the user. You may then choose to interact with the matches by conversing through a pre-programmed set of questions and subsequently, through offline dates on your own initiation at any one of our specially curated venues. We have streamlined the process of discovering a potential partner to having the first perfect and memorable date, right at the convenience of your fingertips.

Safety and respect are the cornerstones of VLNCY. At present, our app is only open to heterosexual individuals, above the age of 21, located in Bengaluru, and looking for authentic romantic connections and bonds. Our vigilant moderation and reporting systems ensure a secure environment to singles looking for high quality matches. We are dedicated to fostering a community that is inclusive, diverse, and embraces the uniqueness of every individual.

By accessing and using our Services on vlncy.org/vlncy.co.in/vlncy.com/vlncy.in/vlncy.net or any other site/URL offered by Us (“Website”), the VLNCY mobile application (“App”), or any other platforms or services VLNCY may offer (collectively “Service(s)”) you agree to, and are bound by, this End User License Agreement (“EULA”).

This EULA, read with the Privacy Policy, Community Guideline and Cookie Policy (all collectively constituting and referred to as the “Terms and Conditions”), applies to anyone who accesses or uses our Services, including downloads and installations, regardless of registration status. Your access and use of our Services is also subject to the Terms and Conditions, and any terms disclosed and agreed by you upon registration with VLNCY. If you do not wish to be bound by this EULA, do not access or use our Services.

Please be aware that under the present EULA VLNCY’s Services are being offered free of charge; however, VLNCY reserves the right to amend, alter, change these terms in the future.

You should also note that these Terms contain provisions governing how any claims/disputes between you and VLNCY shall be resolved. In particular, they contain an Arbitration Agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. You have a right to opt out of the arbitration agreement pursuant to Section 10 below. If you do not opt out of the arbitration agreement in accordance with Section 10 you will only be permitted to pursue claims and seek relief against us on an individual basis only, and you are waiving your right to seek relief in a court of law and to have a court of law adjudicate your claims.

1.ELIGIBILITY

Before you can use the App/Website, you will need to register for an account (“Account”). In order to create an Account on the App, you must:

a. Reside within the geographical confines of Bengaluru, India. While our aspirations encompass potential expansion to diverse regions within India and internationally, our existing services are exclusively extended solely within the geographic boundaries of the city of Bengaluru, India.
b. Have attained a minimum age of 21 (twenty one) years at the juncture of entering into a legally binding contractual agreement during this registration process, and you must possess the legal competence to enter into a binding contract with the VLNCY group.
c. Be an individual of heterosexual orientation, actively pursuing a substantial and enduring partnership. While recognising and affirming the existence of diverse genders and sexual orientations within the spectrum, our present focus is directed solely towards heterosexual individuals who are actively seeking authentic interpersonal bonds and companionship.
d. Not have been convicted in India or any other jurisdiction, without acquittal in appeal, of any criminal offense that is cognisable and non-bailable under the Laws in force in India (or as applicable in the concerned jurisdictions other than India) and/or found guilty and convicted of any sexual offence (“Criminal Antecedents”). Individuals with Criminal Antecedents are prohibited from engaging in any activities related to our Services.
e. Agree not to create or maintain more than one Account. It is prohibited to maintain multiple accounts on the App. Engaging in the creation and/or management of more than one account on the VLNCY App is expressly forbidden.
f. Not have at any time been subject to any suspension from utilising VLNCY's services due to non-adherence to the stipulations outlined in the Terms and Conditions, particularly those clauses concerning discriminatory behavior, sexism, sexual misconduct, or verbal abuse, among others.

1.1. ACCOUNT CREATION AND USER DISCLOSURE

1.1.1. Account Creation: Users are provided the option to create an Account on the Application through either manual registration or authentication via any of the prearranged third-party platforms.

1.1.2. Mandatory Disclosure: When creating an Account through manual registration, the User shall be obligated to provide the following personal information:

a. Full Name
b. Username
c. Email Address
d. Mobile Number
e. Gender Identity
f. Date of Birth
g. Sexual Preference
h. Audio, Electronic, Visual, and akin information, inclusive of photographs and video
i. Proof of Identity documents, namely Aadhar ID, Driver's License, Passport Copy, or Voter’s ID
j. Geolocation data, encompassing the location of the mobile device
k. Login information pertaining to social media accounts connected to the VLNCY Account, which may comprise platforms such as Facebook, Google and Instagram. Further details regarding this can be found in the "Linking other Accounts to VLNCY" section, detailed below.

1.2. DATA HANDLING AND PRIVACY

1.2.1. Data Collection and Purging: VLNCY commits to purging the data collected during the account creation process upon the User's voluntary account deletion, subject to any and all laws in force. The Company shall not share User data with any third parties except as specified herein. Only metadata derived from the FTI Test and/or ASMR Test shall be subjected to anonymisation and subsequent storage. Such storage serves the exclusive purpose of research and platform improvement as detailed in VLNCY's Privacy Policy.

1.2.2. Privacy Policy Reference: Users are encouraged to review VLNCY's Privacy Policy for a comprehensive understanding of how personal data is treated and privacy is safeguarded while utilising VLNCY. For avoidance of any doubt it is stated that the terms of VLNCY’s Privacy Policy are hereby incorporated into the present EULA by reference, and vice versa.

1.2.3. Account Security: Users are obligated to maintain the security of their VLNCY Accounts and are prohibited from sharing their account details with any other party. Users are strictly prohibited from collecting or harvesting personal data of fellow VLNCY Users.

1.3. AUTHORISATION FOR THIRD PARTY ACCOUNT LINKAGE

1.3.1. User Authorisation: By voluntarily opting to establish a linkage between their VLNCY User Account and external third-party websites, Users hereby grant explicit authorisation to VLNCY permitting access, presentation, and utilisation of particular data sourced from these linked accounts. For a comprehensive elucidation regarding the nature and purpose of the accessed information, Users are strongly advised to refer to VLNCY's Privacy Policy.

1.4. ENFORCEMENT AND TERMINATION

1.4.1. Enforcement Mechanisms: VLNCY employs a combined approach involving automated systems and a team of moderators to monitor, assess, and oversee User Accounts and communications for indications of breaches of this EULA.

1.4.2. Termination Rights: VLNCY reserves the exclusive right, at its sole discretion, to suspend or terminate any User's Account, restrict access to the App, or employ any available operational, technological, legal, or alternative means to enforce this EULA, including, but not limited to, blocking specific IP addresses, at any time, and without incurring any liability. Such acts may be undertaken without prior notification to the User.

1.4.3. Grounds for Termination: VLNCY may, at its sole discretion, suspend or terminate a User's Account without prior notice under the following circumstances:

(1) Violation of the Terms and Conditions;
(2) Inappropriate behavior within the App or interactions with other App users, whether online or offline, as determined at VLNCY's sole discretion;
(3) Conduct on other apps operated by VLNCY's affiliates deemed improper or unsuitable by VLNCY or its affiliates, at their sole discretion;
(4) Any other rationale deemed justifiable by VLNCY, at its sole discretion;
(5) Pursuant to any legal directive, order, instructions, etc. from a Court, competent/regulatory authority, or any other established authority under Law.

1.5. REFUND POLICY

1.5.1. No Entitlement to Refund: Upon termination or suspension of a User's Account, the User agrees and acknowledges that they shall not be entitled to any refund for any paid services or features for which they have already been charged. The User shall not be entitled to any refund on any In-App Purchase, whether utilised or not by the User.

2.CONTENT REGULATION

The App offers access to three distinct categories of content:

a. Your Content: This designation pertains to content that you, as the User, upload and furnish through the App. It encompasses any material, information, data, metadata, and/or media that you choose to submit and/or make available within the App/platform, including anything that may be transient in nature.
b. Member Content: The term “Member Content” encapsulates content that is contributed and submitted by fellow members of the App’s community. This includes any information, posts, messages, media, metadata, and/or other materials shared by other Users.
c. Our Content: "Our Content" encompasses content supplied by the VLNCY Group itself, which incorporates databases, software, and/or various other resources that the VLNCY Group provides for the functionality and operation of the App/Platform. This category spans content that is created, developed, and/or furnished by the VLNCY Group for the benefit of Users within the App's framework

.

These content categories serve as a comprehensive framework for understanding the various forms of information and media that can be accessed through the App. It is imperative to recognise that each category carries its own implications in terms of ownership, usage rights, and responsibilities.

Certain content restrictions are enforced on VLNCY.

While we encourage users to express themselves freely on VLNCY, we must impose limitations on content that:

. Contains language or imagery that could be perceived as offensive or likely to cause distress, discomfort, embarrassment, alarm, and/or annoyance to any individual. This includes, but is not limited to, content that may be deemed discriminatory based on race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, and/or physical appearance.
. Presents material that is obscene, pornographic, violent, and/or could potentially offend human dignity. This prohibition extends to content that might be considered discriminatory based on race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, and/or physical appearance.
. Is abusive, derogatory, and/or menacing; discriminates against specific groups; and/or propagates or supports racism, sexism, hatred, and/or bigotry. Such content encompasses, but is not limited to, language that may be deemed discriminatory based on race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, and/or physical appearance.
. Encourages unlawful activities, including but not limited to, terrorism and/or the dissemination of content that may constitute a criminal offense in itself.
. Contains defamatory or libelous material.
. Pertains to commercial endeavors, including, but not limited to, sales, contests, advertisements, links to external websites, and/or premium line phone numbers.
. Involves the distribution of "junk" mail and/or "spam", as commonly understood
. Incorporates spyware, adware, viruses, corrupt files, worms, and/or other malicious code intended to interrupt, damage, limit functionality, and/or disrupt software, hardware, networks, servers, and/or other equipment. This includes, but is not limited to, Trojan horses and/or any other components designed to harm, obstruct, intercept, and/or appropriate data or personal information from VLNCY and/or other sources.
. Infringes upon the rights of third parties, including but not limited to intellectual property rights and privacy rights.
. Shares content depicting individuals without their consent.
. Is, or may be considered to be, harmful to minors.
. Assumes the identity of another individual, including, but is not limited to, the provision of false names.

VLNCY maintains a zero-tolerance policy regarding content falling within these categories.

3.PAYMENT TERMS

3.1. Payment Requirement

VLNCY currently operates as a free platform, necessitating no payment prior to accessing its services subsequent to registration. VLNCY reserves the right to amend, alter, change these terms in the future, including but not limited to the introduction of In-App Purchases within the VLNCY App or on the Website.

3.1.1 In-App Purchases: Access to certain aspects of VLNCY’s Services may require the User to pay a fee/purchase cost associated with such aspects of VLNCY’s Services either on the App or on the Website (‘In-App Purchases’), which may be purchased either directly through VLNCY, or through a third-party platform. VLNCY reserves the right to implement price changes, and/or to alter, terminate, and/or otherwise modify offered costs of In-App Purchases and promotional offerings prompted by changing market conditions.

VLNCY may suspend or cancel the applicable Services, or any aspect thereof, if any Third-Party Platform informs VLNCY that they did not receive full payment from the User, or if the User obtains, or attempt to obtains, refunds in violation of the applicable policy(ies). Suspension or cancellation of the Services or In-App Purchases for non-payment may result in a loss of access to, and use of, your Account and/or any aspect of the Services for which such In-App Purchase has been effected. For the avoidance of all doubt, VLNCY shall have no liability in the event that the User’s access to any of the Services is terminated as a result of your breach of any payment terms.

3.2. Payment Methods

3.2.1. Direct App Purchase: Users may effectuate their payments/purchases in relation to the Services, or any part thereof, directly from the App.

3.2.2. Third-Party Platforms: Alternatively, Users may execute payments/purchases through third-party platforms including, but not limited to, the Apple App Store and Google Play Store ("Third-Party Store"). Purchases from/through Third-Party Platforms are subject to the Terms & Conditions of such platforms.

3.2.3. Payment Processor: Payment may also be accomplished utilising designated Payment Methods, including credit cards, debit cards, UPI IDs, or PayPal accounts. Such payments shall be processed by a third-party payment processor.

3.2.4. Currency for Payment: Indian Rupees (INR) shall be the exclusive and accepted currency for remunerative transactions in connection with VLNCY's services. Any other form of currency shall not be deemed permissible or acceptable for any transactions.

3.3. Authorisation and Payment Responsibility

3.3.1. Authorisation: Upon completion of payment, you hereby expressly authorise VLNCY to charge the chosen Payment Method for the applicable fees/costs/payments/purchases. Failure to effectuate payment through the selected Payment Method shall create an immediate liability and commitment on you to promptly remit all outstanding amounts upon demand by VLNCY.

3.4. Temporary Suspension of Account

In cases where VLNCY's feels that the User is not able to fully enjoy the benefits of the Services, or where the User’s goal(s) for utilising the Services are not yielding optimum results, for the User’s own benefit, VLNCY may make certain suggestions/suggested modifications, or other recommendations, to the User, including suspension of their Account, provided that a minimum period of one month has transpired since the commencement of the Account.

3.5. Goods and Services Tax (GST)/Other Tax(es)

3.5.1. GST/Tax Obligation: The payments delineated in this Section are exclusive of any Goods and Services Tax (GST), or other Tax(es) or statutory fees or levees that may be prescribed by the law in force, that may become due in connection with the Services provided by VLNCY.

3.5.2. GST/Tax Collection: In the event VLNCY is legally obligated to collect GST, or other Tax(es) or statutory fees or levees that may be prescribed by the law in force, from you in conjunction with these Terms, VLNCY shall duly collect such GST or other Tax(es) or statutory fees or levees, in addition to the payments mandated under this Section.

4.RESTRICTIONS ON THE APP

4.1. General Obligations

4.1.1. Compliance with Applicable Laws: By utilising the VLNCY App, you hereby solemnly agree to adhere to all pertinent laws, encompassing, but not restricted to, statutes governing privacy, intellectual property, anti-spam, equal opportunity, and regulatory compliance. You specifically assert and affirm that to the extent that VLNCY requires from you the disclosure of any personal information, being any information that may come under the purview of the Digital Personal Data Protection Act of 2023 ("DPDPA”) and any associated Rules, belonging to any third-party/person, you have taken/acquired the explicit consent of such persons to share such information with VLNCY.

4.1.2. Use of Accurate Information: You further commit to employing your genuine name and accurate age when initiating your VLNCY Account and completing your profile.

4.1.3. Truthfulness in Personal Information: You affirm your obligation to truthfully divulge personal information and provide forthright statements as required.

4.1.4. Professional Conduct: You undertake to employ VLNCY's services in a professional and respectful manner.

4.2. Prohibited Conduct

4.2.1. Unlawful or Unprofessional Behavior: You explicitly agree not to engage in any form of illegal, unprofessional, dishonest, abusive, and/or discriminatory behavior.

4.2.2. Misrepresentation: You shall not misrepresent your identity, age, present and/or past positions, qualifications, and/or affiliations with any individual and/or entity.

4.2.3. Unauthorised Disclosure: Unauthorised disclosure of information, absent proper consent, is strictly prohibited.

4.2.4. Harassment: Stalking or harassment of other Users of the App, in any form or manner, whether online or offline, is expressly forbidden.

4.2.5. Illegal Practices: Initiating or participating in pyramid schemes, fraudulent activities, and/or any like or similar endeavors is strictly proscribed.

4.2.6. Data Extraction: You shall not develop, support, and/or employ software, devices, scripts, robots, and/or any other means to scrape and/or extract data from VLNCY and/or its services without explicit consent, in any manner, encompassing, but not limited to, techniques such as crawlers, browser plugins, and/or other technological methodologies.

4.3. VLNCY's Rights and Enforcement

4.3.1. VLNCY maintains a staunch stance against user misconduct. Users are encouraged to report instances of abuse and/or grievances either through direct contact with VLNCY or by utilising the 'Block & Report' feature. VLNCY reserves the prerogative to investigate potential violations of these Terms, the rights of VLNCY Users, or third-party rights. At its discretion, VLNCY may terminate a User's access to the App without prior notice and/or remove any inappropriate, infringing, and/or unauthorised Member Content submitted to the App.

4.3.2. It is important to note that VLNCY does not exercise control over the actions or statements of its Users, and you, as a User, are solely accountable for your interactions with other Users of the App.

4.3.3. VLNCY, at present, does not conduct any criminal background checks on its Users and/or authenticate User representations. No warranties are provided concerning User behavior and/or compatibility with prospective matches. VLNCY reserves the right to conduct criminal background checks at any given time at its discretion, and/or to take any steps to verify or authenticate any User representations, provided that no point shall it be under any active or passive duty to do so or to take any such steps.

4.4. Data Extraction and Replication

4.4.1. Unauthorised scraping or replication of any portion of the App is explicitly prohibited unless explicit consent has been obtained from VLNCY through a separate agreement. This prohibition extends to all methodologies, whether automated or otherwise, except those permitted through publicly available interfaces provided by VLNCY.

5.TERMINATION

5.1. Commencement and Duration

This End-User License Agreement shall commence from the date of your acceptance thereof and shall remain in effect until terminated in accordance with the provisions contained herein.

5.2. Account Deletion

You reserve the right to delete your VLNCY Account at your discretion by accessing the App, navigating to the "Settings" tab denoted by the gear icon, and adhering to the prescribed instructions for account termination. It is imperative to note that in the event of account deletion, VLNCY shall not bear any liability for any charge levied or amounts paid or deducted on account of any failure or omission or act or delay by you or any Third-Party Store.

5.3. VLNCY's Termination Rights

5.3.1. In the event that VLNCY, at its sole discretion, determines that you have breached any aspect of this Agreement, or have misused the App, or have engaged in conduct that is unlawful or inappropriate, VLNCY reserves the right to undertake any or all of the following actions: (a) Provide a warning through electronic mail; (b) Remove your user-generated content; (c) Terminate your VLNCY Account; (d) Cease your access to Services without restitution or refund; (e) Report you to relevant law enforcement authorities; (f) Initiate any other actions it deems appropriate under the circumstances.

5.4. Effects of Termination

Termination of these Terms and/or your Account, shall encompass the cessation of access to your Account, along with the removal of all associated information and content linked to or contained within your Account.

6.INDEMNIFICATION BY USER

6.1. Indemnity Commitment

You hereby affirm and undertake to indemnify and undertake to hold VLNCY blameless and without any liability, whether civil or commercial, in the event that a claim is asserted against VLNCY arising from any of your actions or omissions.

6.2. Scope of Indemnification

Subject to the limits allowed by applicable law, you undertake, at your own cost, to indemnify, safeguard, hold blameless, and exonerate VLNCY, along with its affiliates, as well as their respective officers, directors, agents, and employees, from and against any and all complaints, demands, claims, damages, losses, expenses, costs, and/or liabilities, including attorney’s fees, stemming from, resulting out of, or in any manner associated with your access to and/or utilisation of our Services, your Member Content, your interactions with other Users, and/or your violation of this Agreement, or any other act or omission on your part on account of which VLNCY may face, or may be required to incur, any complaints demands, claims, damages, losses, expenses, costs, and/or liabilities, including attorney’s fees.

By assenting to this provision, you explicitly recognise and accept your indemnification obligation, which shall be enforced to the fullest extent allowed by relevant law.

7.DISCLAIMERS

7.1. Provision "As Is"

7.1.1. The VLNCY App, Site, and Services, including but not limited to Our Content, and Member Content, are made available to you on an "as is", “where is”, and "as available" basis, without any warranty, either express or implied, including, but not limited to, warranties of fitness for any particular purpose, title, and/or non-infringement. Furthermore, we do not provide any guarantee concerning the compatibility of any matches.

7.1.2. You specifically affirm and acknowledge that any recommendations, suggestions, invitations, or other like communication(s) or act(s) by VLNCY with regard to any physical event(s), meet-up(s), or other like act(s) on the part of/through VLNCY are purely in the nature of an ancillary activity towards the Services provided by VLNCY, as defined herein, and that VLNCY does not assume any authority, liability, or responsibility with regards to any such physical event(s), meet-up(s), etc. with regards to the act(s) or omission(s) of any person(s), other than the agent(s), representative(s), employee(s), etc. of VLNCY, including but not limited to the act(s) or omission(s) of other Users. You specifically indemnify VLNCY from any liability on such account by entering into the present EULA.

7.2. Compliance with Applicable Law

7.2.2. Subject to applicable law, no advice or information, whether oral or written, shall establish any warranty, representation, or guarantee not otherwise explicitly delineated or dealt with in this Section.

7.3. Absence of Warranties or Representations

7.3.1 In addition, we do not make any warranties or representations regarding the uninterrupted, secure, and/or error-free operation of the App or Site or Platform, or the fulfillment of your expectations in connection with your utilisation of the App or Site or Platform. Moreover, we make no warranties regarding the correctness, accuracy, and/or reliability of the App, Site, Platform, Our Content, any Member Content, or any portion thereof.

7.3.2 VLNCY further makes no warranties or representations regarding any physical event(s) or meet-ups(s) or like act(s), whether through VLNCY or in collaboration with any third-party, including but not limited to the quality or content of any such event(s) or meet-up(s) or the act(s) or omissions(s) of any third-party connected with any such event(s) or meet-ups(s), including but not limited to other Users.

7.4. Assumption of Risk

7.4.1. Your utilisation of the App or Site or Platform or Services is undertaken entirely at your own risk. You are solely responsible for your interactions with other members/Users. The VLNCY Group assumes no responsibility for the conduct, act, or omission of any User.

8.LIMITATION OF LIABILITY

8.1. Comprehensive Liability Exclusion

8.1.1. Neither VLNCY nor any owner shall be held liable for any form of damages, including but not limited to direct, indirect, incidental, consequential, special, and/or punitive damages, including, but not limited to, and without limitation, the loss of data, income, profit, goodwill, property damage, and/or claims asserted by third parties, arising from your access to or utilisation of the App, Site, Platform, Services, Our Content, or any Member Content, or any act or ommission on the part of you or any other User, whether online or at any physical event(s). This liability exclusion applies irrespective of the cause of such damages, whether premised on breach of contract, tort (including negligence), infringement of proprietary rights, product liability, or any other legal theory or cause of action or law in force.

8.1.2. In the event that you become dissatisfied with the App or Site or Platform in any manner, your sole and exclusive recourse is to discontinue your use of the App and Site or Platform.

8.1.3. By accepting these Terms, you hereby waive any and all claims arising from your use of, or engagement with, the App or Site or Platform.

8.2. Limitation of Aggregate Liability

8.2.1. In the event that any portion of this limitation on liability is determined to be invalid or unenforceable for any reason, you hereby agree and affirm that our aggregate liability shall not surpass INR 10,000 (Indian Rupees Ten Thousand).

8.3. Fundamental Element and Survival

8.3.1. The limitation of liability set forth herein constitutes an essential element of the basis of the agreement between the Parties and represents a reasonable allocation of risk. The provision of the App and/or Site and/or Platform would not be feasible without such limitations. You concur and affirm that these limitations and exclusions of liability, disclaimers, and exclusive remedies stipulated herein shall persist even if they are found to have failed in their essential purpose.

9.PROCEDURE FOR SUBMITTING COPYRIGHT INFRINGEMENT CLAIMS

9.1. Submission of Takedown Notice

9.1.1. If you have a reasonable belief that any content available on VLNCY infringes upon the copyright or any other Intellectual Property or like exclusive right in any work or property that you own, you are requested to submit a notification asserting such infringement, referred to as the "Takedown Notice," to VLNCY Group’s designated Copyright Agent.

9.2. Content of the Takedown Notice

9.2.1. The Takedown Notice must encompass the following particulars:

a. A physical or electronic signature of an individual duly authorised to act on behalf of the proprietor of an exclusive right purportedly infringed; and
b. Specification of the intellectual property or exclusive right alleged to have been infringed, or, in cases of multiple infringements or violations accessible at a single online location are addressed within a single notification, the presentation of a representative inventory of such infringements or violations, including detailed descriptions and/or representations of any works or properties; and
c. Identification of the material or content alleged to be infringing or the subject of infringing activity, necessitating its removal or the disabling of access, along with information reasonably adequate to facilitate the service provider's ability to locate the said material or content; and
d. Details reasonably adequate for the service provider to make contact with you, encompassing your address, telephone number, and, if available, electronic mail; and
e. A declaration affirming your good faith belief that the use of the material or content in the manner complained of is not sanctioned by the owner of the intellectual property or exclusive right or its agent or authorised user, and is not permissible under applicable law in force; and
f. A statement, made under penalty of perjury, asserting the accuracy of the information within the notification and affirming your authorisation to act on behalf of the proprietor or authorised user of the intellectual property or exclusive right purportedly infringed or violated.

9.3. Content of the Takedown Notice

9.3.1. Takedown Notices should be transmitted to VLNCY Group’s designated Copyright Agent at the following address: DPO@vlncy.com. In the event that you wish to contact our Copyright Agent through alternative means, you may communicate via written correspondence addressed to VLNCY, Attn: Copyright Agent, A-904, Salarpuria Silverwoods, Vartur Road, Nagavara Palya, Bangalore 560093

10.DISPUTE RESOLUTION

Where, and to the extent, permitted by law, you accept that any dispute arising from or under or in any manner connected or associated with this EULA, or any other agreement(s) incorporated into the EULA by reference, shall be resolved by binding arbitration under this Section 10 in accordance with the following Arbitration Agreement.

Arbitration Agreement

I. Agreement to Mediate and Arbitrate

Any dispute, claim, and/or controversy arising out of or under or in any manner connected or associated with or relating to this End User License Agreement (EULA) or the use of the App and/or the Site and/or the Platform and/or Services provided by VLNCY shall be first be attempted to be resolved between the Parties by Mediation/mutual consultation and discussion. Parties may mediate either directly or through a mutually appointed Mediator. Any disputes that cannot be resolved by Mediation/mutual consultation and discussion shall be resolved exclusively and finally through binding arbitration, provided that neither Party shall submit any dispute(s) to arbitration before the expiry of 30 (thirty) days from the date of initiation of Mediation/mutual consultation and discussion. The User expressly agrees to waive their right to trial or to participate in any class action or representative proceeding against VLNCY by virtue of this Clause/Section.

II. Arbitration Process

Arbitration shall be conducted in accordance with the rules and procedures as prescribed under and in compliance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be administered under/by the Bangalore International Mediation, Arbitration and Conciliation Centre (“BIMACC”), by whatever name presently known, and the arbitration hearings shall take place in Bengaluru, India.

III. Selection of Arbitrator

The arbitration shall be conducted by a single/sole arbitrator who shall be appointed by mutual consent of the Parties. VLNCY may nominate the name(s) of potential Arbitrators for the consideration of the other Party. If the Parties fail to select the sole arbitrator by mutual consent, then the arbitrator shall be appointed by BIMACC its’s panel of qualified arbitrators

IV. Arbitration Authority

The arbitrator shall have the authority to determine any motions, conduct hearings, and make decisions regarding the dispute. The arbitrator shall have the power to award any legal or equitable relief that a court of competent jurisdiction could award. The arbitrator's decision shall be final and binding on both parties.

V. Governing Law

This End User License Agreement is governed and interpreted by the laws of India without regard to its conflict of laws principles. All claims arising out of or relating to this EULA and/or Your relationship with VLNCY is subject to this Clause/Section, and any claims or cases challenging the enforceability or applicability of these provisions shall be subject to the exclusive jurisdiction of the courts of Bengaluru, India.

VI. Costs and Fees

The administrative costs of arbitration and the arbitrator's fees shall be borne by the Party initiating the Arbitration Proceedings. Each Party shall bear their own attorney/advocates' fees and other expenses related to the arbitration.

VII. Class Action Waiver

The Parties expressly agree that any arbitration shall be conducted on an individual basis and not as a class, representative, and/or collective action. The Parties agree and affirm that the consent and intent to arbitrate is explicitly interlinked and based on the Waiver of any Class Action suit or proceeding. In the event that this Section is deemed unenforceable or otherwise void in law, the same shall go to the very root of the consent and intent to arbitrate and the entire arbitration agreement shall be deemed to be null and void.

VIII. Opt-Out

Users have the right to opt-out of this arbitration agreement within 30 (thirty) days of accepting the EULA by sending written notice, specifically stating the intent to opt-out of the Arbitration Agreement, to A-904, Salarpuria Silverwoods, Vartur Road, Nagavara Palya, Bangalore 560093. Opting out of this Clause 10 shall not affect any other provisions of the EULA.

By downloading, installing, and/or using VLNCY, Users acknowledge that they have read, understood, and agreed to this comprehensive Arbitration Agreement.

11.MISCELLANEOUS

11.1. Entire Agreement

This Agreement supersedes any preceding agreements or representations between the Parties. These Terms, in conjunction with the Terms and Conditions and any Additional Terms Upon Purchase, constitute the comprehensive agreement between you and VLNCY governing the utilisation of our Services. These Terms supplant all previous agreements, representations, and arrangements between us, whether documented in writing or conveyed orally.

11.2. Severability

In the event that any provision, or part thereof, under these Terms is deemed to be invalid, illegal, or otherwise unenforceable, the remaining provisions, or parts thereof, shall remain in full force and effect.

11.3. Waiver

The failure of VLNCY to exercise or enforce any right or provision articulated in these Terms shall not constitute a waiver of any such right or provision.

11.4. Non-Transferability

You acknowledge that your VLNCY Account is non-transferable, and all rights pertaining to your Account and its contents shall terminate upon your demise, unless otherwise mandated by law. Your rights and licenses granted herein may not be transferred or assigned by you, but may be assigned by VLNCY without constraint.

11.5. No Special Relationship

No agency, partnership, joint venture, fiduciary, or any other special relationship or employment arrangement shall be construed as a result of these Terms. You are precluded from making any representations on behalf of or binding VLNCY in any manner.

11.6. Modification of Terms

VLNCY reserves the right to modify, amend, and/or alter these Terms at any juncture at its discretion. Notice of any material change shall be posted on this page with an updated effective date. Under certain circumstances, we may apprise you of a change to the Terms through email or alternative means. However, it is your responsibility to routinely monitor this page for any revisions. Your continued access or utilisation of our Services shall constitute your ongoing consent to such changes, rendering you legally bound by the updated Terms. If you do not concur with a modification to the Terms, you must immediately cease accessing and/or using our Services.

11.7. Disclaimers

VLNCY has taken reasonable measures to ensure the currency, availability, correctness, and completeness of information contained on the App and Site and Platform. However, VLNCY does not provide any warranty or representation, whether express or implied, regarding the information on the App or Site or Platform. Your use of the App or Site or Platform and/or the materials or contents available therein is undertaken at your own risk. VLNCY shall not be held responsible for any loss arising from data transmission, data usage, and/or inaccurate Member Content.

11.8. User Responsibility

You are responsible for taking all necessary precautions to ensure that any material obtained from the App or Site or Platform is free from viruses and/or other harmful components. You accept that the App and/or Site and/or Platform may not be provided without interruptions or errors, and/or that defects may remain uncorrected, and/or that VLNCY and/or the server facilitating the App or Site or Platform, is free from viruses, bugs, spyware, Trojans, and/or any similar malicious software or component. VLNCY shall not be liable for any damage to your computer hardware, software, and/or other equipment or technology, including, but not limited to, damage arising from any security breach, or from viruses, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, and/or any other technical or other malfunction.

11.9. Electronic Communications

Communications between you and VLNCY may be conducted through electronic means, whether you use the App or Site or Platform or send emails to VLNCY, or whether VLNCY posts notices within the App or on the Site or Platform, or communicates with you via email. For contractual purposes you (a) consent to receive communications from VLNCY in electronic format, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically by VLNCY shall be deemed equivalent to written communication.

12.THE VLNCY GROUP

12.1. Binding Legal Agreement

These Terms establish a legally binding agreement between you, herein referred to as the "User" ("You"), and VLNCY/ Strangequark India Private Limited, collectively represented by "we" or "us". The VLNCY Group encompasses, but is not restricted to, Strangequark India Private Limited, and any other entities deemed to be part of the VLNCY Group for the purposes outlined in this End User License Agreement (EULA).