Friennly: Terms and Conditions

Effective Date: Aug 18th, 2024

1. Introduction

Welcome to Friennly ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our mobile application ("Friennly App" or "Platform"), website (friennly.in), and related services ("Services"). By using Friennly, you agree to abide by these Terms. If you have any questions, please contact us.

2. Changes to Terms

We may update these Terms periodically. Any changes will be posted on the platform, and your continued use of the Services after the changes constitute acceptance of the new Terms. We encourage you to review these Terms regularly.

We may, without prior notice, change the platform and the website, stop providing the Website or features of the Platform to you or to Users generally, or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

3. Eligibility

To avail of our Services, you must be at least 18 years of age. Friennly reserves the right to terminate any account where the user is found to be under the age of 18. Access to our Services and Platform is strictly prohibited for individuals below this age.

4. Intellectual Property

All content, trademarks, and other intellectual property related to Friennly are owned by us or our licensors. You may not use, reproduce, distribute, or modify any content from our Services without our prior written consent.

5. Privacy and Data Protection

Our Privacy Policy outlines how we collect, use, and protect your personal information. By using Friennly, you consent to our Privacy Policy.

6. Ownership of the Platform and Website

6.1 Content Ownership and Restrictions

The Platform and Website contain content that is either owned by or licensed to Friennly. You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights notices that are embedded in or accompany Friennly's content. Additionally, you shall not reproduce, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit Friennly's content without explicit written consent from Friennly.

6.2 Trademarks and Service Marks

The name "Friennly" and the Friennly logo are trademarks owned by Friennly and may not be copied, imitated, or used, in whole or in part, without prior written permission from Friennly. Furthermore, all custom graphics, button icons, and scripts associated with the Platform and Website are considered service marks, trademarks, and/or trade dress of Friennly, and their use is prohibited without obtaining prior written authorization from Friennly.

7. Use of the Platform

7.1 Lawful Use of the Platform

You agree to use the Friennly platform solely for lawful purposes. You shall not upload, post, or transmit any content through the platform that:

• Violates or infringes upon the rights of others,
• Is threatening, abusive, defamatory, or libelous,
• Invades the privacy or publicity rights of others,
• Is vulgar, obscene, profane, or otherwise objectionable,
• Contains harmful formulas, recipes, or instructions,
• Encourages conduct that constitutes a criminal offense, gives rise to civil liability, or otherwise violates any applicable laws or regulations.

7.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using the Friennly platform:

• Copying, distributing, or disclosing any part of the platform or website in any medium, except as explicitly allowed by Friennly.
• Transmitting unsolicited communications, such as spam, chain letters, or other forms of unauthorized solicitation using the platform.
• Interfering with or compromising system integrity or security, including attempting to decipher any transmissions to or from the platform's servers.
• Taking actions that impose an unreasonable or disproportionately large load on our infrastructure, as determined by Friennly in its sole discretion.
• Uploading invalid data, viruses, worms, or other malicious software agents through the platform.
• Collecting or harvesting personally identifiable information, including but not limited to account names, from the platform without proper authorization.
• Using the platform for commercial purposes without prior written consent from Friennly.
• Impersonating another person or misrepresenting your affiliation with any person or entity, conducting fraudulent activities, or attempting to conceal your identity.
• Interfering with the proper functioning of the platform, including any unauthorized access to the platform's features or capabilities.
• Accessing any content on the platform through unauthorized means, including but not limited to the use of automated systems or software not provided by Friennly.
• Bypassing or attempting to bypass any measures employed by Friennly to prevent or restrict access to the platform, including but not limited to security features that enforce limitations on the use of the platform or its content.

8. Services Provided

Friennly connects users with trained listeners ("Frienns") for support. The support provided by Listeners is not a substitute for professional mental health services. Friennly is intended for initial support and guidance only.

8.1 Account Registration

To access our Services, you must register on the Platform by providing personal information, including but not limited to your preferred name, email address, and phone number. Additionally, you may provide sensitive personal information related to your mental health conditions, traumatic experiences, and emotional challenges. This information will be used to facilitate a more personalized support experience.

8.2 Account Security

You are responsible for safeguarding your account credentials and agree not to disclose your password to any third party. You are solely responsible for all activities under your account. Notify Friennly immediately if you suspect any unauthorized use of your account or password. You must not use false identities, impersonate any person, or use a username or password that you are not authorized to use.

8.3 Usage Restrictions

Our Services are intended for personal and non-commercial use only. Sharing your account or Services with others is strictly prohibited.

8.4 Booking and Appointments

You can book appointments with our Listeners by using the Platform and paying the required fees. Frienns are trained listeners who provide peer support. Each session lasts 30 minutes, with the possibility of extension based on the Frienn's discretion and availability. Extended sessions will be considered as separate appointments, and additional payments may be required.

You are not permitted to share contact information with Frienns or request their contact details for interactions outside the Platform. All communications must occur through the Platform.

8.5 Service Availability

Friennly may periodically perform maintenance or updates on the Platform. While we strive to minimize disruptions, we are not liable for any interruptions in paid Services due to maintenance. We will make reasonable efforts to inform users of scheduled maintenance.

If a Frienn is unavailable at the booked time, you can either reschedule or request a refund. You may also be redirected to another Frienn if preferred. For assistance with rescheduling or refund requests, please contact us at team@friennly.in.

8.6 Fees and Payments

Friennly offers paid Services, including one-on-one chat sessions with Frienns. Payments must be made before accessing these Services. The User Fee is non-refundable.

8.6.1

We may charge for the chat, and/or audio/ video based sessions and other programs. Before availing any such Service, we will communicate in writing to the User, the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s). Once an appointment slot is booked, cancellations are not permitted, though rescheduling is allowed subject to availability.

The decision of Friennly on any such matter shall be final and binding.

8.6.2

Friennly reserves its right to revise the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

8.7 Code of Conduct

Users must adhere to the following code of conduct during their appointments:

• Sexually Explicit Material: Pornographic or erotic content, including child sexual abuse imagery, is strictly prohibited. Violations will result in account termination and reporting to authorities.
• Violence and Bullying: Threatening, harassing, or bullying behavior, including discussions related to violence or suicide, is not allowed.
• Hate Speech: Bigotry, discrimination, hatred, or intolerance towards individuals or groups based on race, religion, disability, gender, age, nationality, sexual orientation, or gender identity is prohibited.
• Sensitive Events: Avoid capitalizing on or displaying insensitivity towards natural disasters, atrocities, conflicts, or other tragic events.
• Unlawful Activity: Using the Service for illegal activities, such as impersonation, defamatory statements, cyber-attacks, or sexual exploitation, is prohibited.
• Marketing and Dating: The Platform must not be used for marketing purposes, dating, or any ancillary activities not related to mental health discussions and support.

8.8 User Responsibilities

• Community Standards: Users must engage respectfully and responsibly. Any form of abuse, harassment, or illegal activity is prohibited.
• Content Responsibility: You are responsible for the content you share on Friennly. By sharing content, you grant us permission to use it for service improvement purposes.
• Prohibited Conduct: Do not use Friennly to engage in harmful or inappropriate behavior. Report any violations or concerns to us promptly.

8.9 Liability and User Disclaimers

Friennly is not liable for any emotional or psychological distress caused by interactions on the Platform. Users agree to hold Friennly harmless for any content or interactions that may cause personal hurt.

8.10 Termination of Sessions

Frienns may terminate a session at their discretion if a user is unresponsive or otherwise fails to participate as expected.

For further information about our Services or if you need assistance, please contact us at team@friennly.in.

9. Responsibilities of Listeners

9.1 Role Definition

Frienns are here to provide support and are not licensed mental health professionals. They should not provide medical advice or treatment.

9.2 Integrity

Listeners must accurately represent their experience and training. Misrepresentation is against our policies.

9.3 Interaction Boundaries

Maintain professional boundaries and adhere to the scope of support you are trained to offer.

9.4 Suggestion and Not a Medical Advice

9.4.1 Nature of the Services

Friennly offers a platform designed to facilitate personalized listening and self-help support, aimed at enhancing your mental well-being. The techniques or suggestions provided through our services are intended for your consideration, and it is your sole responsibility to determine how to implement and apply them. It is important to note that Friennly is not a healthcare provider and does not offer medical advice or treatment.

9.4.2 Relationship with Listeners

You acknowledge that Listeners, who are accessible through the Friennly platform, are independent individuals and not employees, agents, or representatives of Friennly. As such, Friennly assumes no responsibility for the actions, advice, or omissions of any Listener. The relationship between you and the Listener is independent of Friennly, and Friennly's role is strictly limited to facilitating access to these Listeners.

9.4.3 Information and Advice Disclaimer

Any suggestions, advice, or materials provided through the Friennly platform are intended solely for general informational purposes and should not be considered a substitute for professional medical advice tailored to your specific circumstances. The content is meant to complement, not replace, the guidance provided by licensed healthcare professionals. If you receive conflicting advice from a healthcare provider, their guidance should take precedence. Never delay seeking medical advice or disregard it based on the information provided through Friennly. In case of a medical emergency, please contact your healthcare provider or refer to crisis resources available on our website.

9.4.4 Assessment of Listeners

While Friennly performs initial screening of Listeners based on their qualifications and credentials, we do not guarantee or verify the competence, suitability, or appropriateness of any Listener for your particular needs. The decision to engage with any Listener through the platform is entirely yours, and you assume full responsibility for this choice. Friennly does not monitor the content of conversations or the appropriateness of suggestions provided by Listeners, nor do we warrant that any Listener will meet your expectations or requirements.

9.4.5 Monitoring and Quality Control

Friennly may periodically review chat sessions between users and Listeners to ensure the quality of services, address potential safety concerns, and prevent misuse of the platform. Any data reviewed will be handled in compliance with applicable confidentiality, privacy, and security standards. Additionally, anonymized and aggregated data from these interactions may be used for research and development purposes to improve our services.

9.4.6 No Warranty of Services

Friennly makes no representations or warranties regarding:

• The accuracy, availability, or functionality of the Friennly platform or associated websites.
• The willingness or capability of any Listener to engage with you or provide useful suggestions.
• The relevance, accuracy, or effectiveness of any suggestions or techniques discussed.
• The overall satisfaction or usefulness you may derive from interacting with a Listener.

While we strive to ensure that Listeners meet certain standards, Friennly does not guarantee the verification or validation of their skills, qualifications, credentials, or competence.

10. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to the Services, or our failure to provide the Services. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Services or any part of it, or for any problems with the Services, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law.

Friennly is not an insurance provider nor are we a healthcare institution service provider. The Company's role is limited to providing access to Frienns for one-on-one chat-based conversations or content to provide you a safe space for discussing your experiences. The Platform does not provide medical or tele-health advice and does not create a healthcare provider/patient relationship between you and Friennly or otherwise. Any services provided by or content accessed from the Platform are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call your doctor for all medical emergencies. Friennly is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you may obtain through the Platform.

You understand that Friennly is not a suicide helpline. You are advised to consult the suicide hotline or a trained healthcare professional if you believe you have suicidal tendencies. You may further reach out for help on the crisis helplines numbers made available through the Platform for your benefit.

You must understand that the Frienns available through Friennly are not trained medical professionals, and their advice and conversations should not be treated as medical or expert opinions. You understand that the information provided by Frienns (listeners) may be used as opinion and is not a substitute for professional medical advice.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Karnataka, India. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka.

12. Termination

We may terminate or suspend your access to the App and Services at our discretion, with or without notice, for violations of these Terms or for any other reason. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms. You may terminate these Terms at any time by deleting your User account.

13. Indemnification

13.1 Your Obligation to Indemnify

You agree to indemnify, defend, and hold Friennly, including its officers, directors, shareholders, employees, and agents, harmless from and against any and all losses, damages, liabilities, settlements, costs, charges, assessments, and expenses (including, without limitation, reasonable attorneys' fees) that arise from or relate to:

• Any breach by you of these Terms of Use.
• Any misuse or improper use of the Platform by you.

You further agree to provide Friennly with any assistance, at no charge, that we may reasonably request in connection with such defense, including but not limited to providing us with relevant information, documents, records, and reasonable access to you. You shall not settle any third-party claim or waive any defense without our prior written consent.

13.2 Release from Liability

In the event of any dispute arising from a transaction conducted through the platform, you agree to release Friennly, along with its officers, directors, shareholders, employees, and listeners, from any and all claims, demands, actions, or legal proceedings, and from any and all losses, damages (whether direct, indirect, incidental, or consequential), costs, or expenses (including, without limitation, court costs and attorneys' fees) that you may have against any of the aforementioned parties.

14. Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Friennly regarding your use of the Platform and Services. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

15. Contact Information

For any questions or concerns about these Terms or the Services, please contact us at team@friennly.in.