Are you 18 years old or above?
Subject to the foregoing, we are pleased to make our services available to you, which include the HiTune mobile application / App, website, social and interactive features, which include image posting, video posting and other associated services ("Services").These images, videos, clips, interactions on HiTune etc. posted by the users shall be the "Content".
If you install, use, access HiTune or any of its features, you have read and accepted these terms and conditions. You have also accepted the HiTune Privacy Policy, the HiTune Live Streaming Terms and Conditions, and our Community Guidelines, and other terms which are available on the HiTune App, HiTune Website, and otherwise. Please make sure to read these documents. By using HiTune, you are entering into a binding contract(s) with us. Your contract with us includes the Terms and Conditions and Content Policy, the Privacy Policy, the HiTune Live Streaming Terms and Conditions etc. If you don’t agree with and accept the above, please do not use, install, access HiTune or any of its features.
Account and Registration
You must be over the age of 13, and if you are an Indian resident, you must be represented by a legal guardian if you are below the age of 18, to register for our Services. You represent and warrant that you will provide accurate and up to date information while creating an account with us and you agree to keep the information accurate at all times. You must keep your account password confidential.
You shall be solely responsible (to us and to others) for the activity on your account and its consequences.
If at any time, if you fail to comply with the provision of these terms or if activities occur on your account which might cause damage to the Services or infringe or violate any third party rights or violate any laws or regulations, or for any other reason, we reserve the right to, at our discretion, disable your account and remove or disable any Content you upload or share.
You may delete your account by reaching out to support at the co-ordinates mentioned below.
Only persons who can form legally binding contracts under the law of their jurisdiction or those persons (such as minors) that are represented by persons (such as legal guardians) who can form legally binding contracts under the law of their jurisdiction, are permitted to use our Services.
Content posted by you
By posting any Content on or through our Services, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to display such Content as felt appropriate, in any media formats through any media channels, and delete such Content. We do not claim any ownership or modification or derivative rights in any Content or to the underlying works in the Content that you post on or through our Services.
You agree that your use of the Services does not grant you any right to any compensation or share in revenue or value.
To the extent it’s necessary, when you generate Content, you also grant us, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. You will not be entitled to any compensation from us, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the HiTune application or on one of our business partner’s platforms.
You represent, warrant and covenant, as applicable, that: (i) you own the Content posted by you on or through our Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through our Services does not violate the privacy rights, copyrights, contractual rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content does not result in a breach of contract between you and a third party (iv) Your actions on HiTune shall not be in violation of applicable law or regulation. We are not responsible for any Content posted by you or any consequences thereof.
Termination; Agreement Violations
You agree that HiTune, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the App and Website at any time. HiTune may also, in its sole discretion, block, restrict, disable, suspend, or terminate your access to the App and the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website and/or the App or any account you may have or a portion thereof may be effected without prior notice, and you agree that HiTune will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HiTune may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the App / Website / Service. The User may terminate his / her account with HiTune by raising a termination request through the Help section of the App / Website. Such termination requests can only be initiated based on the portfolio value of the Users.
You acknowledge and agree that the Content uploaded is the sole responsibility of the user who has uploaded such Content and the views expressed are their own. HiTune is not responsible for the Content posted by you.
You shall be solely responsible for the Content posted, shared, modified, uploaded, transmitted, updated and hosted by you.
You agree that the use of HiTune’s services will conform to the Community Guidelines.
You agree that in case of non-compliance with applicable laws, or with these terms and conditions, or with the HiTune Privacy Policy, or with our Community Guidelines, we have the right to terminate the your access or usage rights to HiTune immediately and remove non-compliant content from HiTune. You hereby agree that you will never use HiTune in violation of any applicable law.
If any violation of these Terms is brought to our actual knowledge by an affected person, we shall act within thirty-six hours and where applicable, work with the user or owner of such information to delete / disable such information/Content that is in contravention of these Terms. We will not intimate you if any of the Content posted by you is taken down / deleted or your account is disabled pursuant to the above. We will preserve such information and associated records for at least one hundred and eighty days for investigation purposes. Please contact the grievance officer whose details are provided in the last section of these Terms, in case of any violation or grievances.
Paid Services
We allow you to use certain features on HiTune in exchange for fees, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the "Paid Services"). The Paid Services include the ‘Boost’ feature, tip, and other paid services which may be offered by us from time to time.
Payments are accepted via the payment method offered on HiTune and indicated by you prior to purchase. If you hold GARI tokens, we may offer you (if you are a person resident in India (as defined by the (Indian) Foreign Exchange Management Act, 1999) discounts and benefits as regards the Paid Services against such GARI tokens, as communicated on HiTune from time to time. If you are a person resident outside India (as defined by the (Indian) Foreign Exchange Management Act, 1999), you shall not avail of such discounts and benefits. It is made clear that all features of GARI tokens on HiTune (including GARI token transfers and promotional giveaways of GARI tokens) are offered to you by HiTune Holdings Limited and not Tech4billion Media Private Limited. Tech4billion Private Limited simply, as any third party may, accepts GARI tokens on HiTune as a discount voucher in exchange for Paid Services. You may choose to use HiTune without ever holding or using GARI tokens. Prices for any Paid Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order.
“Taxes” mean any duties, statutory levies, withholding taxes, indirect taxes or any other taxes associated with the use of any Paid Service, including any related penalties or interest.
You are responsible for any Taxes and must pay for Paid Service without any reduction for Taxes. If we are obligated to collect or pay Taxes in connection with the Paid Services, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your subscription of Paid Services.
Links to Other SitesThis Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content on these third party sites/applications.
Children’s PrivacyThese Services are not for any child under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In case we discover that a child under 13 has provided us with personal information, we will immediately delete this information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact the grievance officer whose details are provided in the last section of these Terms.
Devices and SoftwareYou must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Device Storage PermissionYou provide us storage permission (Read and write) by which we are able to upload your content to our server and display it to users. You confirm you are authorized to provide us such permissions to allow us to offer our Services.
Privacy policy and user dataHiTune cares about your privacy. You can access our Privacy Policy here.
Changes to these TermsWe may amend or update these Terms. We will provide you notice of amendments to these Terms, as appropriate, and update the “Last Modified” date at the top of these Terms. Your continued use of HiTune confirms your acceptance of these Terms, as amended. If you do not agree with or accept these Terms, as amended, you must stop using HiTune. Please review these Terms from time to time. These changes are effective immediately after they are posted on this page.
IndemnityYou agree to defend, indemnify, and hold harmless us, our parent(s), subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or the Privacy Policy or the Community Guidelines and your obligations, representation and warranties therein.
Exclusion of Warranties
The Services are provided to you on an ‘as is’ basis and we do not represent or warrant that the use of the Services will be uninterrupted, timely, secure or free from error; that any information obtained by you as a result of the use of services will be accurate.
Implied warranties as to the satisfactory quality, fitness for purpose or merchantability of these Services are hereby excluded.
Limitation of liabilityWe shall not be liable to you for any loss or damages or claims including but not limited to the following:
Any dispute that may arise between you and any third party arising from your use of the Services shall be only between you and a third party and you release us and our affiliates from any such claims and damages connected with such disputes.
Governing LawThe validity, construction and enforceability of these Terms and Conditions and Content Policy, Privacy Policy and Community Guidelines shall be governed and construed in accordance with the laws of India.
Dispute Resolution
Either you or we may refer any dispute for final resolution by arbitration under the (Indian) Arbitration and Conciliation Act 1996. The tribunal shall consist of three (3) arbitrators. Each party shall appoint 1 (one) arbitrator and the two arbitrators shall appoint the third arbitrator. The arbitration proceedings shall be held at Bangalore, Karnataka, India. The language to be used in the arbitral proceedings shall be English. Subject to the above, the Courts at Bangalore shall have exclusive jurisdiction.
SeverabilityIf any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.
Grievance Redressal
If you wish to complain about our Services / the use of our services by others, please contact our Resident Grievance Officer, whose details are below:Name: Mr Suyash SahasrabudheDesignation: Sr. Operations ManagerEmail ID:hitoofficer@hitune.in
We will endeavour to redress the complaint within one month from the date of receipt of the complaint.
For claims related to copyright infringement, please see our report copyright infringement page at Copyright.
Contact UsIf you have any questions or suggestions, do not hesitate to contact us at help@hitune.in.
You can also address any communication to us at our office located at 503, 15th Main Rd, Koramangala 3 Block, Koramangala, Bengaluru, Karnataka 560034 .
The details of our Chief Compliance Officer for compliance with the Information Technology, 2000 and the Rules made thereunder are below:Name: Mr Suyash SahasrabudheDesignation: Sr. Operations ManagerEmail ID: hitoofficer@hitune.in
