Terms and Conditions of Service
(India)
This is a platform that democratizes the art of storytelling. It allows users to record and upload stories and listen to stories.
You and the company or business that you are authorized to represent (“you,” “your,” or “User”) agree to these Terms of Service and all other applicable terms, policies, and documentation (collectively, “Terms”) by downloading or using obo apps, software, obo business site, communication and other services, features, and APIs designed and developed for the art of storytelling.
This Contract applies to the obo app, obo site, communications and other services that state that they are offered under this Contract (“Services”), that at present collects and stores data in India.
Obootaar Speaking Technologies Private Limited is the contracting entity providing you our Services, (collectively, “obo,” “our,” “we,” or “us”). We provide our Services for your personal and commercial use
Services
This platform mainly facilitates its Users to share their own stories by recording and uploading the same on the platform as well as listen the recorded and uploaded stories of other users. There are two types of accounts namely obo me and obo pro. obo me contains unregistered users (Visitors) and registered users. obo me does not charge any money from its users for recording, uploading, listening to stories on this platform. obo me Users retain the sole rights to stories uploaded by them and they are responsible for the copyright of stories, pictures and videos uploaded by them . obo pro is the second part of the platform which has registered USERS only. obo pro is for Users who wish to create, publicise content and organize and conduct events. obo pro has event based model and subscription based model. Content created by registered Users of obo pro have the sole right of such content and they retain rights to monetise them. These two types i.e., obo me and obo pro, on the platform and other ancillary parts on the platform are collectively referred as “Services”.
Users and User's Account
If you have registered yourself on our platform free of charge or by paying requisite subscription fees you may have the access to listen to the stories or the contents uploaded by the other registered Users. Being registered Users, you are free to share the stories and or the content owned by you subject to provisos to Art. 19 of the Indian Constitution, i.e., the stories or the content you shared, nothing in it shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. The content should not harm anyone’s religious belief.
If you have not registered yourself on our platform for free or by paying requisite fees then you are a Visitor and may not have the absolute access to listen to the stories or the contents uploaded by the other Users. The exposure of the content and the access to the content for Visitors shall be solely at our discretion.
Use and Eligibility: You represent and warrant that you:
(a) will use our Services solely for legal, commercial, and authorized purposes;
(b) will only provide registration information associated with you and your Company;
(c) are eligible and in case of commercial legal entity you are duly authorised to enter into these Terms and are at least 18 years old, understood the consequences of accepting these terms and responsible for the consequences of such acceptance; and
(d) have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal.
Registration and Account: User must create an account by providing accurate, current, and complete information, including its valid legal business phone number, Company name, and other information we require. User will keep its account information updated. Company’s name must not:
(a) be false, misleading, deceptive, or defamatory;
(b) parody a third party or include character symbols, excessive punctuation, or trademark designations; or
(c) infringe any trademark, violate any right of publicity, or otherwise violate anyone’s rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names.
Communication Preferences: As part of your relationship with us, you permit us to use your information to send you electronic communications (such as messages, emails, and phone calls via WhatsApp or otherwise) from us or our third-party providers (like our payment gateway partners), including:
(a) notices about your account, password changes, payment authorizations, and other transactional information; and
(b) information about products, services, surveys, events, news, and promotions offered by obo where permitted by applicable law. If you do not wish for obo to communicate with you in regard to (b) above, you may opt-out of future communications by contacting us at the contact specified at the end of these terms, or by clicking the “unsubscribe” link in any such communication.
Devices and Software: You must provide certain devices, software, and data connections, which we do not otherwise supply, to use our Services. You consent to manually or automatically download and install updates to our Services.
Fees and Taxes: You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Third-Party Services: Our Business Services may allow User to access, use, or interact with websites, apps, content, and other products and services that are not provided by us. Please note that you use these other services, their own terms and privacy policies will govern your use of those services. We will not be responsible or liable for your use of those services, the third-party’s terms, or any actions you take under the third-party’s terms.
User’s Legal, Privacy and Security Responsibilities
Compliance with Laws and Regulations: You may only use our Services if you have ensured that your use of our Services complies with all legal and regulatory requirements; it is your sole responsibility to determine your legal obligations. Our Services are not intended for intra -corporate usage. We make no representations or warranties that our Services meet the needs of entities regulated by laws and regulations with heightened confidentiality requirements for personal data, such as healthcare, financial, or legal services entities.
Security Responsibilities: User being the commercial legal entity may only allow authorized individuals acting on behalf of it to access and use its account for purposes authorized under these Terms. User is responsible for all activities occurring under its account. User must:
(a) maintain the security of its account credentials;
(b) keep its devices and account safe and secure;
(c) prevent unauthorized use of or access to our Services; and
(d) immediately notify us if User discovers or suspects any security breaches related to our Services or if User discovers or suspects any such unauthorized access or use.
Company will implement and follow generally recognized industry standards and best practices for data and information security to protect User’s data, network, and systems from unauthorized access, use, or copying. User must promptly delete any user’s information it obtained via our Services if we determine, in our reasonable discretion, that User breached its obligation to protect and prevent unauthorized use or access to its devices, account, or systems, breached these Terms, or if these Terms are terminated for any reason.
Licenses and Intellectual Property
License to Us: Our obo pro Services enable you to create, post, store, send, and receive content. You grant us and our affiliates a worldwide, non-exclusive, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display User Content that you upload, submit, store, send, or receive on or through our Services, solely for the purposes of providing, operating, developing, promoting, updating, and improving our Services, and researching and developing new services, features, or uses. You represent and warrant that you have all rights necessary to grant us the license to User Content, and that our use of it, as permitted by these Terms, will not violate any right of, or cause injury to, any person or entity.
User’s Rights: Except for the license you grant to us above, you retain all ownership and other rights in and to your Content.
Our License to User: Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services solely as authorized in these Terms.
Our Rights: Except for the express license granted in these Terms, we grant no other licenses or rights to you by implication or otherwise. Unless otherwise indicated, we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services.
Restrictions: Except as otherwise permitted by us in writing, you must not directly, indirectly, or through automated or other means:
(a) distribute, sell, resell, or rent our Services to third parties;
(b) distribute or make our Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Services; and
(c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Services. You must not directly, indirectly, or through automated or other means:
(d) remove any proprietary rights notices or markings;
(e) reverse engineer any aspect of Services or do anything that may discover source code;
(f) scrape or extract data from our Services;
(g) develop or use any applications that interact with our Services without our prior written consent; and
(h) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement: To report claims of third-party copyright, trademark, or other intellectual property infringement. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account.
Feedback: We always appreciate your feedback or other suggestions about our services. You agree that any questions, comments, suggestions, ideas, original or creative materials, or other information about our products or services that you post, submit, or otherwise communicate to us is non-confidential and that we will be entitled to the unrestricted use and distribution of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Acceptable Use of Services
Acceptable Use:You will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and you are solely responsible for its conduct while using our Services. You must not directly, indirectly, or through automated or other means:
(a) use our Services for personal, family, or household purposes;
(b) engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
(c) use or attempt to use another user’s account without prior authorization from that user and us;
(d) impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;
(e) collect information of or about other users in any impermissible or unauthorized manner;
(f) use our Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;
(g) damage, disable, overburden, or impair our Services;
(h) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;
(i) post, upload, or share any content which is unlawful, rebellious, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, infringing one’s intellectual property rights or is in our sole judgment objectionable;
(j) encourage or provide instructions for a criminal offense;
(k) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
(l) bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Services, including content-filtering techniques; or
(m) expose obo or others to any type of harm or liability or
(n) to affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause
(1)(a) of the Article 19 of the Indian Constitution, in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
Enforcement: Although we have no obligation to screen or monitor Content, we may review, remove, or delete User Content posted and shared by you at any time and at our discretion, such as in cases where other users notify us that User Content violates these Terms. If we disable or terminate User’s account for a violation of these Terms, User will not create another obo me or obo pro account without our express written permission.
Complaints: You can submit a complaint to us at obootaar@gmail.com regarding the following technical or technological issues, customer service issues, suspension and termination of your account or Services, or any alleged breach of these Terms from our side or by any other user/s. We will acknowledge all complaints and follow-up with you to address your complaint within a reasonable timeframe. We will communicate the outcome of our complaint investigation to you if you have provided us with your valid email address
Our Data Practices
Other Information: You understand and agree that We collect, store, and use:
(a) information from your account and registration;
(b) usage, log, and functional information generated from your use of our Services;
(c) performance, diagnostics, and analytics information;
(d) information related to your technical or other support requests; and
(e) information about you from other sources such as third-party companies. We may share this information with our affiliates, and we and those affiliates will use all the information to develop, operate, provide, improve, understand, customize, support, and market our Services and the services of such affiliates. It is not possible to opt-out of these data practices.
Legal Disclosures and Third-Party Requests: You agree that We may share your information, including the Content, if we have good-faith belief that it is reasonably necessary to:
(a) respond pursuant to applicable law or regulations, legal processes, or government requests;
(b) enforce these Terms and any other applicable terms and policies, including for investigations of potential violations;
(c) detect, investigate, prevent, and address fraud and other illegal activity, or security or technical issues; or
(d) protect the rights, property, and safety of our users, our legal establishments, entities etc.
Availability
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue some or all of ourServices in our sole discretion, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Disclaimer
USER USES OUR SERVICES AT ITS OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.
WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.
WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL; THAT OUR SERVICES OR ANY OTHER SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE; OR THAT OUR SERVICES OR ANY OTHER SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN OUR USERS USE OUR SERVICES OR OTHER SERVICES, OR THE FEATURES, FUNCTIONALITIES, AND INTERFACES OUR SERVICES OR OTHER SERVICES PROVIDE.
WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.
Limitation of Liability
WE WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, US, OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT USER HAS PAID US IN THE PAST TWELVE MONTHS TO USE OUR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF THE LAWS OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO USER. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN SUCH CASES, THE LIABILITY OF OBO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS (“OBO PARTIES”) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the obo Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following (“Claim”):
(a) Your access to or use of our Services, including information provided in connection therewith;
(b) Your breach or alleged breach of these Terms or applicable law;
(c) any misrepresentation made by you and
(d) infringement of anyone’s rights because of the contents shared and or posted. We have the right to solely control and you will cooperate as fully as required by us in, the defence or settlement of any Claim.
Modifying and Terminating our Services
We may modify, suspend, or terminate your access to or use of our Services and these Terms at any time and for any reason, permissible by applicable law, including if we determine, in our sole discretion, that User violates these Terms, receives excessive negative feedback, or creates harm, risk, or possible legal exposure for us, our users, or others.
To the extent you are in India and within scope of our obligations under the Platform Regulation, we will give you 15 days' prior notice (unless a legal or regulatory obligation requires us to terminate the services in a shorter timeframe, or you have repeatedly breached your obligations under these Terms) and the relevant reasons for termination (except if we are legally restricted from giving reasons or if you have repeatedly breached these Terms). User may contact us using our complaints system at obootaar@gmail.com to clarify the reasons for our termination or suspension of your account. If we are able to resolve the issue in your favor, resulting in reactivating your account, then we will reinstate our Services to you within a reasonable time.
Upon termination, we will remove your account profile from our platform, and retain for up to 90 days data associated with your account, including data you have provided to us or which we have collected from your use of the Services.
User may terminate these Terms at any time for any reason by providing us written notice. Upon termination of these Terms for any reason, You must promptly discontinue all use of our Services, uninstall and destroy all copies of software provided by us, and delete any user information You have obtained from using our Services. The following provisions will survive the termination of these Terms: Third-Party Services, User’s Rights, obo’s Rights, Feedback, Availability, Disclaimer, Limitation of Liability, Indemnification, Modifying and Terminating our Services, Declarations Confidential Information, Publicity, Legal Compliance, Governing Law and Venue, Amendment, Assignment, Severability, Miscellaneous, and Notices.
Publicity
Except as permitted by us, User will not make any public statements regarding these Terms and your relationship to this platform. User agrees to cooperate with us in responding to any user, press, or governmental inquiries that either party may receive, in the manner directed by this platform.
Legal Compliance
Our Services are not intended for distribution to or use in any country where such distribution or use would violate the law. We reserve the right to limit our Services in any country at any time, to the extent permissible by applicable law. User will comply with all applicable laws in India. Company will not disguise its location through IP proxying or other methods.
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of India.
All the disputes and differences arising between the parties hereto, including any dispute or difference in regard to the interpretation of any provision or term or the meaning thereof, or in regard to any claim of one party against the other or in regard to the rights and for obligations of any party or parties hereto under this Agreement or otherwise, howsoever, shall be referred to a common Arbitrator if agreed upon by all or otherwise to two Arbitrators, one to be appointed by each party to the dispute or difference and such Arbitration shall be governed by the provisions of the Arbitration Act, 1996 for the time being in force. The Award of the Arbitrator shall be final and binding on the parties to the Dispute. The Seat of Arbitration shall be in Mumbai, India.
Amendment
We may amend or update these Terms, including all incorporated policies and documents. Changes to these Terms become effective upon the date that we publish such changes, except when our obligations under the Platform Regulation applies to you, we will provide you at least 8 days’ advance notice, subject to the exceptions in the Platform Regulation, and if you have provided us with your valid email address. User’s continued use of our Services confirms its acceptance of these Terms as amended. If user does not agree to these Terms as amended, user must stop using our Services by deleting its account. Please review these Terms from time to time.
Assignment
All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer User’s information to any of our affiliates, successor entities, or new owner in connection with such a merger, acquisition, restructuring, or sale of assets. User will not transfer or assign any of its rights or obligations under these Terms to anyone else without our prior written consent, and any attempt to do so is void.
Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Miscellaneous
Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails. Terms such as “including” are to be construed without limitation. Nothing in these Terms will prevent us from complying with the law. These Terms do not establish any agency, partnership, or joint venture between We and You. Except as set out in previous clauses these Terms do not give any third-party beneficiary rights. If we fail to enforce any of these Terms, it will not be considered a waiver. Unless a mutually executed agreement between User and us states otherwise, these Terms make up the entire agreement between User and us regarding our Services and supersede any prior written or oral agreements.
Notices
For official communications, you can write us at