Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Legal Entity Name — USER INPUT REQUIRED] ("ByChance," "we," "us," or "our"), having its registered office at [Registered Office / Legal Notice Address — USER INPUT REQUIRED].
By downloading, installing, accessing, registering an account with, or using the ByChance mobile application (the "App"), the website located at bychanceapp.in(the "Site"), or any associated software and services (collectively, the "Service"), you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.
IMPORTANT NOTICE FOR INTERMEDIARY STATUS:ByChance operates as an "Intermediary" under Section 2(1)(w) of the Information Technology Act, 2000 of India. In accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, these Terms inform you of the rules and regulations, privacy policy, and user agreement for access or usage of the Service.
1. Eligibility & Age Floor (Strictly 18+)
You must be at least 18 years of age to create an account or use ByChance. By registering, you represent, warrant, and covenant that:
- You are an individual of at least 18 years of age possessing full legal capacity to enter into a binding contract under the Indian Contract Act, 1872 or the laws of your applicable jurisdiction.
- You have not been previously suspended, removed, or banned from the Service by ByChance for violations of our terms or policies.
- You maintain only one personal account on the Service and will not register multiple accounts or automated bot profiles.
- You are not located in a territory subject to comprehensive embargoes or trade sanctions under applicable law.
If ByChance has reasonable grounds to believe that a registered user is under 18 years old, ByChance reserves the right to immediately terminate the account and permanently delete all associated data without notice.
2. Account Registration, Authentication & Security
- Phone Authentication: Account creation and login require verification of an active, authentic mobile telephone number via a One-Time Password (OTP). You represent that you are the lawful subscriber of the mobile number provided.
- Account Confidentiality: You are solely responsible for safeguarding your device, session authentication tokens, and mobile SIM access. You agree not to disclose OTPs or permit third parties to access your account.
- Responsibility for Account Activity: To the maximum extent permitted by applicable law, you are exclusively responsible for all activities, messages, waves, interactions, and content submitted through your account.
- Compromise Notification: You agree to notify ByChance immediately at bychance.app@gmail.com if you suspect unauthorized access or security compromise of your account.
3. Platform Description & Social Discovery Mechanics
ByChance is a real-world social discovery platform designed to facilitate spontaneous human connections based on real-time physical proximity:
- People Nearby Feed: Displays discoverable users located within your selected proximity range when you actively choose to enable Location Sharing.
- Selectable Discovery Radius: Allows you to set a discovery perimeter (options include 200m, 500m, 1km, 2km, 5km, and 10km).
- Pings (Moments, Not Posts):Real-time, ephemeral photographic and text moments captured in your surroundings, designed for single-tap viewing/consumption and double-tap "Hits." Pings expire and are removed from active discovery upon consumption or expiration.
- Waves (Double Opt-In Interaction):Unidirectional "waves" signal interest. Direct communication and full profile reveals require mutual consent (double opt-in).
- Presence Score: A dynamic metric reflecting real-world presence and engagement, not popularity or follower volume.
- Profile Information: Displays user-chosen prompts including Open To, Talk About, One Thing, and Outfit of the Day (OOTD).
4. Proximity & Location Services Disclaimer
Proximity discovery is computed using device-level location hardware (GPS, Wi-Fi beacons, and cellular triangulation) and standard network protocols:
- Approximation Only: Distance indicators and radius filters are algorithmic approximations, not surveyed topographical coordinates. Environmental conditions, tall structures, device hardware variations, and operating system optimizations may result in location inaccuracies or reporting delays.
- Physical Movement: Users move in the physical world. A user displayed in your discovery feed may have changed position, departed the area, or disabled their device between feed synchronization intervals.
- No Guarantee of Physical Presence: ByChance does not warrant or guarantee that any displayed user is physically reachable, stationary, available, or willing to interact.
5. Real-World Interactions & Personal Safety
ByChance provides digital social discovery technology. ByChance is NOT a party to, does not organize, does not supervise, and has no control over any physical, offline, or real-world interactions between users.
You are solely and exclusively responsible for your decision to communicate with, meet, or interact with other users in the physical world.
- No Criminal Background or Identity Vetting: You acknowledge that ByChance does not conduct criminal background checks, identity verification screenings, psychological evaluations, or physical vetting of its users.
- No Guarantee of User Authenticity: ByChance does not guarantee the truthfulness, accuracy, authenticity, intentions, character, age, or safety of any user profile, Ping, or message.
- Offline Safety Precautions: If you choose to meet another user in person, you agree to exercise independent judgment and practical safety measures:
- Always meet in public, populated, well-lit venues (e.g., cafes, public common areas).
- Inform a trusted friend or family member of your location and plans.
- Maintain independent transportation to and from any meeting location.
- Never disclose sensitive financial credentials, residential addresses, or private personal data.
- If you ever feel uncomfortable, threatened, or unsafe, remove yourself from the situation immediately and contact local emergency authorities.
6. Prohibited Conduct & Unacceptable Use
Pursuant to Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree that you shall NOT host, display, upload, modify, publish, transmit, store, update, or share any information that:
- Belongs to another person and to which you do not have any right.
- Is obscene, pornographic, pedophilic, invasive of another's bodily privacy including bodily privacy of women, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on grounds of religion or caste.
- Is harmful to children, exploits minors, or depicts child sexual abuse material (CSAM).
- Infringes any patent, trademark, copyright, trade secret, or other proprietary rights.
- Deceives or misleads the addressee about the origin of the message, knowingly communicates misinformation, or shares deepfakes/morphed media intended to mislead.
- Impersonates another person or entity, or provides fraudulent biographical information.
- Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, public order, or causes incitement to the commission of any cognizable offence.
- Contains software viruses, malware, logic bombs, or code designed to disrupt, destroy, or limit computer systems.
- Violates any applicable municipal, state, national, or international law for the time being in force.
In addition, you strictly agree NOT to:
- Stalk, physically trail, menace, intimidate, or unlawfully track any person using proximity indicators.
- Publish private telephone numbers, residential addresses, financial details, or identification documents of any individual without explicit written consent (doxxing).
- Use automated scripts, bots, scrapers, crawlers, or data extraction tools against the Service.
- Spoof GPS coordinates, falsify network signals, or manipulate proximity calculation systems.
- Use the Service for commercial solicitation, escort services, advertising, pyramid schemes, or unsolicited spam.
- Reverse engineer, decompile, disassemble, or derive source code from the App or backend APIs.
7. User Content & Intellectual Property Licensing
- Ownership:You retain all ownership rights and copyright in the photos, text prompts, Pings, bio information, and messages you submit to the Service ("User Content").
- Limited Operational License: By submitting User Content to the Service, you grant ByChance a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license strictly to host, store, cache, process, display, format, reproduce, and transmit such User Content solely as necessary for the technical operation, security, maintenance, and delivery of the Service to you and other users.
- Content Representations: You represent and warrant that you own or have obtained all necessary licenses, rights, consents, and permissions (including personality rights of identifiable individuals in photographs) to submit your User Content.
- Content Removal: ByChance reserves the right, without prior notice, to remove or disable access to any User Content that violates these Terms, our Community Guidelines, or applicable law, or upon receipt of a statutory takedown directive.
8. ByChance Intellectual Property Rights
The Service, including the "ByChance" name, the interlocking-rings logomark, software source code, visual design, user interfaces, animations, typography arrangements, graphics, databases, and algorithms, are the exclusive intellectual property of ByChance and its licensors, protected under copyright, trademark, and intellectual property laws of India and foreign jurisdictions.
You are granted a limited, personal, revocable, non-exclusive, non-transferable license to download and use the App solely for your personal, non-commercial social discovery purposes in accordance with these Terms.
9. Moderation, Investigation & Account Termination
- User-Reported Moderation: ByChance maintains in-app reporting and 1-tap blocking mechanisms allowing users to flag abusive profiles, Pings, or messages. ByChance reviews reported content and accounts through human and automated review tools.
- Enforcement Actions: If ByChance determines that you have breached these Terms or our Community Guidelines, ByChance may take enforcement actions including: issuing formal warnings, removing infringing content, temporary feature restrictions, temporary account suspension, or permanent account termination.
- Immediate Termination: ByChance reserves the right to terminate or suspend access immediately without prior notice where necessary to protect user physical safety, prevent fraud, prevent exploitation of minors, or comply with legal orders.
- Voluntary Account Deletion: You may delete your account at any time directly through the in-app settings menu.
10. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BYCHANCE DOES NOT WARRANT THAT: (A) THE SERVICE WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) PROXIMITY CALCULATIONS, LOCATION FEEDS, OR DISTANCE ESTIMATES WILL BE ABSOLUTELY ACCURATE; (C) USER-GENERATED CONTENT WILL BE VERIFIED OR TRUTHFUL; OR (D) DEFECTS IN THE APP WILL BE CORRECTED IMMEDIATELY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- Exclusion of Consequential Damages: IN NO EVENT SHALL BYCHANCE, ITS FOUNDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, GOODWILL, SERVICE INTERRUPTION, PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE; (II) ANY CONDUCT, CONTENT, OR INTERACTIONS OF OTHER USERS (WHETHER ONLINE OR OFFLINE); OR (III) UNAUTHORIZED ACCESS, ALTERATION, OR USE OF YOUR CONTENT OR DATA.
- Aggregate Liability Cap: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF BYCHANCE FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BYCHANCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND INDIAN RUPEES (INR 1,000).
- Statutory Carve-Out: NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR BODILY INJURY CAUSED BY GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR MANDATORY STATUTORY CONSUMER RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2019.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ByChance, its officers, directors, employees, contractors, agents, and successors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your access to or use of the Service.
- Your User Content, including claims that your content infringes third-party intellectual property, privacy, or publicity rights.
- Your offline interactions, meetings, or conduct with other users.
- Your breach of these Terms, our Community Guidelines, or any applicable law or regulation.
13. Governing Law & Jurisdiction
- Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to conflict of laws principles.
- Informal Resolution: Before initiating formal proceedings, you and ByChance agree to attempt in good faith to resolve any dispute informally by contacting our legal team at bychance.app@gmail.com.
- Jurisdiction: Subject to the informal dispute process, you and ByChance agree that the competent courts situated in [Court Jurisdiction — USER INPUT REQUIRED, e.g., New Delhi / Dehradun, India] shall have exclusive jurisdiction over any disputes arising from these Terms or the Service.
14. Modifications to Terms
We may revise these Terms from time to time to reflect product enhancements, legal requirements, or operational updates. In accordance with Rule 3(1)(c) of the Information Technology (Intermediary Guidelines) Rules, 2021, we periodically notify users of our rules and terms.
For material adverse changes, we will provide reasonable advance notice (e.g., via an in-app notice or prominent banner on the Site). Your continued access or use of the Service following the effective date of updated Terms constitutes your acceptance of the revisions.
15. Grievance Redressal Officer (IT Rules & DPDP Act Compliance)
In compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Section 13 of the Digital Personal Data Protection Act, 2023, the details of our designated Grievance Officer are set forth below:
Name of Grievance Officer: [Grievance Officer Name — USER INPUT REQUIRED]
Designation: Grievance Redressal & Privacy Officer
Official Email: bychance.app@gmail.com
Physical Office Address: [Registered Office / Legal Notice Address — USER INPUT REQUIRED]
Statutory Redressal Timelines:
- Acknowledgment: Every grievance is acknowledged within 24 hours of receipt.
- Expedited Bodily Privacy Takedown (Rule 3(2)(b)): Complaints regarding non-consensual sexual imagery, nudity, or deepfake/morphed impersonation are addressed and removed/disabled within 24 hours.
- Prohibited Content Resolution: Complaints requesting removal of prohibited content under Rule 3(1)(b) are resolved within 72 hours.
- General Grievances: All general grievances are resolved within 15 days from receipt.