Terms of Service

1. Introduction, Acceptance and Binding Nature

• These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Nxtspacelabs Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Hyderabad, Telangana, India ("Company", "we", "us", "our"), governing your access to and use of the mobile application "PairNow" and all related features, functionalities, websites and services (collectively, the "Platform" or "Services").
• By downloading, installing, registering on, accessing or using the Platform, or by tapping "I Agree", verifying your mobile number, or otherwise indicating acceptance, you acknowledge that you have read, understood and irrevocably agree to be bound by these Terms.
• These Terms are an electronic record within the meaning of the Information Technology Act, 2000 ("IT Act") and the rules thereunder, generated by a computer system, and do not require any physical or digital signature to be enforceable.
• These Terms incorporate by reference, and must be read together with, the Privacy Policy, the Payment & Virtual Currency Policy, the Community Guidelines, the Creator / Talent Agreement, the User Conduct & Prohibited Activities Policy and the Intellectual Property Policy, each as published on the Platform and as amended from time to time (collectively, the "Platform Policies").
• If you do not agree with any part of these Terms or the Platform Policies, you must not access or use the Platform, and you must uninstall the application.

2. Eligibility, Capacity and Age Verification

• The Platform is strictly restricted to persons who are eighteen (18) years of age or older. By using the Platform you represent and warrant that you are at least 18 years old.
• You must be competent to contract under the Indian Contract Act, 1872. Persons who are minors, of unsound mind, or otherwise disqualified from contracting are not eligible to use the Platform, and any such use is void ab initio.
• You represent that you are not barred from receiving the Services under the laws of India or of any jurisdiction from which you access the Platform, and that your use does not violate any applicable law, regulation or order.
• The Company operates a zero-tolerance policy toward child sexual abuse and exploitation ("CSAE") and toward any access or use by minors (see Clause 11). We may require additional age or identity verification at any time and may suspend or terminate accounts where age or eligibility cannot be satisfactorily established.

3. Account Registration, Security and Verification

• Registration on the Platform is completed by verifying your mobile number through a one-time password ("OTP") or an equivalent verification method. You are responsible for providing accurate, current and complete information and for keeping it updated.
• You are solely responsible for maintaining the confidentiality of your account, device and OTP, and for all activities that occur under your account. You must notify us immediately of any unauthorised use or security breach.
• Each User may maintain only one account. Creating or operating multiple, duplicate, automated or bot accounts, or accessing another person's account, is prohibited.
• We may, at our discretion, decline registration, or suspend, restrict or terminate an account, where we reasonably believe that the information provided is false, that the account is being misused, or that continued access poses a risk to the Platform, its Users or Creators, or violates applicable law.

4. Description of the Services

• PairNow is a technology platform that enables real-time one-to-one video and voice calls, and participation in live rooms, between Users and independent third-party content providers ("Creators").
• Users may purchase Butterflies and spend them on a per-minute basis to connect with Creators and to send virtual gifts, subject to the Payment & Virtual Currency Policy.
• The Platform provides only the technological means enabling Users and Creators to connect and interact. All interpersonal communication, conversation and interaction occurs directly between the User and the Creator. The Company is not a party to, and does not provide, direct, control, script or guarantee, any such interaction, its content, quality, tone or outcome.
• The Company may add, modify, suspend or discontinue any feature of the Services, in whole or in part, at any time, with or without notice, without liability.

5. Butterflies and Payments

• "Butterflies" are digital, virtual credits issued by the Company that Users may purchase in packages for real money and spend within the Platform. Butterflies are platform credits only; they are not money, currency, legal tender, deposit, e-money, securities or any stored-value instrument, and confer no proprietary right.
• Butterflies are non-refundable, non-transferable, non-exchangeable, carry no cash or monetary value, cannot be withdrawn or redeemed for money by Users, and expire six (6) months after the date of issue, save as otherwise required by applicable law.
• The Company is the supplier of Butterflies and charges applicable Goods and Services Tax (GST) on the sale of Butterflies on a tax-inclusive basis.
• All matters relating to the purchase, pricing, taxation, spending, expiry and forfeiture of Butterflies, and to Creator earnings and withdrawals, are governed by the Payment & Virtual Currency Policy and the Creator Payout Policy, which form part of these Terms.

5A. Refund, Cancellation and Chargeback Policy

• All sales are final. Butterflies are digital goods delivered instantly to your wallet on payment success. Once credited, they are non-refundable — including for change of mind, dissatisfaction with any Creator, calls ending early, Butterflies expiring, or account suspension for policy violation.
• Two exceptions only. The Company will consider a refund only where (a) money was debited from your bank/UPI but Butterflies were never credited to your wallet due to a payment-gateway reconciliation failure, or (b) the same order was charged more than once. Where the failure signal is received automatically from the payment gateway, the refund to the original source account is initiated not later than one (1) business day from that signal, in line with the Reserve Bank of India's Master Direction on Payment Aggregators and Payment Gateways. Where the failure requires user-provided evidence under the "How to claim" paragraph below, the refund is initiated within seven (7) business days of approval. In all cases the refund is net of GST, TDS, gateway MDR and processing charges already levied.
• How to claim. Email support@pairnow.in within seven (7) calendar days of the transaction with the subject line "Refund Request — <order id>" and attach (i) the transaction reference, (ii) the exact amount, (iii) your bank/UPI statement showing the debit, and (iv) a screenshot of the app wallet. Requests missing any of the four attachments will be declined. The Company's determination is final and binding as between the parties, without prejudice to your statutory rights under the Consumer Protection Act, 2019 and the rules made thereunder. If you are dissatisfied with the Company's determination, you may escalate the matter to the Grievance Officer as provided in Clause 27 (Grievance Redressal and Grievance Officer).
• Chargebacks. You must contact support@pairnow.in before raising any chargeback with your bank, card issuer or payment method. Chargebacks raised without giving the Company this opportunity to reconcile will be treated as a breach of these Terms and will result in immediate termination of your account, forfeiture of any Butterflies balance, and submission of server logs, call logs, wallet ledger and transaction records to the acquiring bank to defend the transaction. Chargebacks proved fraudulent may be recovered by civil action, together with processing charges and reasonable legal costs.
• Account deletion. Deletion of your account is not a refund event under this Clause; any Butterflies balance is forfeited on deletion.
• Sole channel. support@pairnow.in is the only channel through which refund requests will be processed. Requests via WhatsApp, telephone, in-app chat, social media or any other channel will not be actioned.

6. Taxes

• Fees for Butterflies are stated on a tax-inclusive basis and include Goods and Services Tax (GST) at the applicable rate, which the Company collects and remits to the authorities.
• Creators are responsible for their own income tax, GST (if applicable) and all statutory dues on their earnings. The Company deducts tax at source where required, including under Section 194-O of the Income-tax Act, 1961 (or its successor provision), and issues certificates as prescribed by law.
• You are responsible for any taxes, levies or duties applicable to you that are not collected by the Company.

7. Licence to Use the Platform

• Subject to your continuing compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the PairNow application on a device you own or control, solely for your personal, non-commercial use of the Services.
• This licence does not transfer any ownership. All rights not expressly granted are reserved by the Company, as more fully set out in the Intellectual Property Policy.
• The licence terminates automatically upon any breach of these Terms or upon suspension or termination of your account.

8. User Content — Licence, Recording, Monitoring and Moderation

"User Content" means any content, communication or material you create, upload, transmit or make available on the Platform, including your profile information, photographs, audio, video, live-stream content, chat messages and gestures.

• Ownership. As between you and the Company, you retain ownership of your User Content. You are solely responsible for it and for ensuring that you hold all rights, consents and permissions necessary to make it available.
• Licence you grant. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, cache, use, reproduce, adapt, transmit, communicate, display, perform, record and distribute your User Content, solely to operate, provide, secure, moderate, promote and improve the Services and to comply with law. Save for content retained for legal, safety, audit or dispute-resolution purposes, this licence ends when your User Content or account is deleted.
• Monitoring and moderation — your consent. To keep the Platform safe and lawful, you acknowledge and expressly consent that your calls, live rooms, messages and other interactions may be screened, monitored, analysed and reviewed, in real time or in retrospect, in whole or in part, by automated systems (including AI-based content and face detection) and by human moderators to seek to detect violations, in each case at the Company's sole discretion. No undertaking is given that any specific interaction is or will be so monitored. PairNow does not, as a general practice, record or store the audio or video streams of your one-to-one calls, save where the Company is required or entitled to do so by law, valid legal process, or the safety exceptions set out below. Where a violation is detected or reported, or where required by law, the Company may capture and preserve specific content or information as evidence and to meet its legal obligations, including its child-safety obligations under Clause 11. Communications on the Platform are not end-to-end encrypted; the Company accesses content only as described in the Privacy Policy and this Clause.
• Moral rights. To the extent permitted by law, you waive, in favour of the Company, any moral rights or similar rights in your User Content in connection with the permitted uses above.
• Feedback. Any suggestion or feedback you provide is non-confidential, and you grant the Company an unrestricted, perpetual, irrevocable, royalty-free right to use it without any obligation to you.

9. User Representations and Obligations

You represent, warrant and undertake that:

• you will use the Platform only for lawful purposes and in compliance with these Terms, the Platform Policies and all applicable laws, including the IT Act, 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021");
• you will not host, display, upload, transmit, share or otherwise make available any Content that is obscene, pornographic, sexually explicit, paedophilic, invasive of privacy, defamatory, harassing, hateful, illegal, or otherwise prohibited under the User Conduct & Prohibited Activities Policy;
• you will not engage in, solicit or facilitate any nudity, sexual act, sexual solicitation, or exchange of sexual services, whether for Butterflies or otherwise;
• you will not engage in any gambling, betting, wagering, real-money gaming or lottery activity through or in connection with the Platform;
• you will not impersonate any person, harass, threaten, stalk or abuse any Creator or User, or infringe any third party's intellectual property or other rights;
• you will not use the Platform for money laundering, fraud, chargeback abuse, or to solicit or make payments outside the Platform's authorised payment channels;
• you will not attempt to gain unauthorised access to, probe, scan, scrape, reverse-engineer, disrupt or overload the Platform or its systems, or introduce any malware, bot or automated means;
• the information you provide is true and accurate, and all Content you make available is your own or one for which you hold all necessary rights and consents.

Breach of any of the above may result in immediate suspension or termination, forfeiture of Butterflies, and reporting to law-enforcement or other authorities, as detailed in the User Conduct & Prohibited Activities Policy.

10. Prohibited Conduct and Acceptable Use

In addition to Clause 9, and without limiting the Community Guidelines and the User Conduct & Prohibited Activities Policy, you must not, and must not permit or facilitate others to:

• publish, transmit or engage in nudity, sexual, pornographic, obscene, sexually suggestive or solicitation content or conduct — in video, voice, image, text or gesture — including any attempt to circumvent detection through innuendo, camera angles or "tricks";
• harass, stalk, threaten, defame, bully, extort, blackmail or intimidate any person, or engage in hate speech or discrimination against any protected group or any religion;
• promote or facilitate violence, self-harm, suicide, terrorism, extremism, or unlawful or violent organisations;
• deal in or promote drugs, alcohol, tobacco, pharmaceuticals, weapons, explosives, gambling, betting, or other regulated or unlawful goods or services, or cruelty to animals;
• commit fraud, cheating, phishing, money laundering, chargeback abuse, self-gifting, collusion, fake engagement, or manipulation of Butterflies, gifts or platform metrics;
• solicit or move payments or contact off the Platform, or share bank, UPI, payment or personal contact details to bypass the Platform;
• impersonate any person or entity, create fake, duplicate or multiple accounts, or provide false age or identity;
• record, screenshot, save or share another person's content or personal data without consent, or publish another person's private details ("doxxing");
• upload malware or bots, scrape, reverse-engineer, tamper with, overload or disrupt the Platform, or access it from modified, rooted or jailbroken devices;
• post misinformation or deepfakes, or content threatening the sovereignty, unity, integrity or security of India, or disrespecting national symbols;
• infringe any intellectual-property, privacy or publicity right, or use the Platform for any unlawful purpose.

Your conduct on the Platform may also attract civil or criminal liability under Indian law, as set out illustratively in the Community Guidelines. The Company may act on any breach with or without prior notice.

11. Prohibition of Child Sexual Abuse and Exploitation (CSAE); Child Safety

• Zero tolerance. The Company operates an absolute zero-tolerance policy toward child sexual abuse and exploitation ("CSAE") and any content, conduct or account that involves or endangers a minor, including child sexual abuse material ("CSAM") — real, morphed or AI-generated — and the sexualisation, grooming or solicitation of any person under 18.
• Immediate action. Any such content or conduct results in immediate content removal, permanent account ban, and preservation of information and evidence.
• Mandatory reporting. The Company reports CSAE to the National Cyber Crime Reporting Portal (cybercrime.gov.in / 1930), the National Crime Records Bureau and law-enforcement authorities, and cooperates with them and, where applicable, INTERPOL, in accordance with the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 67B of the IT Act, 2000.
• 24-hour removal. The Company will endeavour to remove or disable, within twenty-four (24) hours of a complaint, Content that exposes a private area, shows nudity or a sexual act, or is in the nature of impersonation (including morphed or "deepfake" content), as required by Rule 3(2)(b) of the IT Rules, 2021.
• Safeguards. The Company deploys reasonable safeguards, which may include AI-based and human moderation, age-assurance measures and Creator verification, to seek to keep minors off the Platform. No warranty is given that these measures will detect or prevent every attempt to circumvent them.

12. Assumption of Risk; Interactions with Users and Creators

• The Platform enables you to interact with other adults who may be strangers. You do so at your own risk and are responsible for your own safety, decisions and conduct.
• The Company does not employ Creators, does not control User or Creator conduct, and does not conduct background checks beyond the verification it chooses to perform. It does not guarantee the identity, character, statements, reliability or conduct of any User or Creator.
• You are solely responsible for any decision to share information, meet, transact or communicate off the Platform, and the Company is not liable for any resulting loss, harm, injury or dispute.
• To the maximum extent permitted by law, you release the Company from any claim arising out of the acts, omissions or conduct of any User or Creator.

13. No Emergency Services; No Professional Advice

• The Services are for social connection and entertainment only. They are not a substitute for emergency services; do not use the Platform to contact police, medical, ambulance or emergency responders, and always keep alternative means available. The Company is not responsible for any consequence of attempting to use the Platform for emergency communication.
• Content on the Platform is not professional advice (legal, medical, financial or otherwise) and must not be relied upon as such.

14. Company's Role as an Intermediary

• The Company is an "intermediary" within the meaning of Section 2(1)(w) of the IT Act, 2000 and observes due diligence as required under the IT Rules, 2021. The Company merely provides access to a communication system over which information made available by third parties is transmitted, stored or hosted.
• The Company is not the author, publisher or originator of Content created by Users or Creators, is not responsible for such Content, and does not endorse any opinion, representation or information made available by them.
• The Company is not the provider of, and disclaims responsibility for, the interpersonal interaction, conduct, statements, promises or services of any Creator or User. The relationship of interaction is directly between the User and the Creator.
• Consistent with the IT Rules, 2021, the Company will act on valid legal notices, court orders and orders of authorised government agencies, and will remove or disable access to unlawful Content within the timelines prescribed by law.

15. Creators as Independent Contractors

• Creators are independent contractors and are not employees, agents, partners, joint-venturers or representatives of the Company. Nothing on the Platform creates any employment or agency relationship between the Company and any Creator.
• Creators are solely responsible for their own conduct, Content, statements and tax obligations. The Company will deduct tax at source as required under applicable law from time to time, including under Section 194-O of the Income-tax Act, 1961 or its successor provision, and issue certificates as prescribed, and remits Creator earnings net of applicable deductions.
• The Company makes no representation or warranty regarding any Creator, and does not guarantee the availability, behaviour, identity, quality or reliability of any Creator.

16. Third-Party Services

• The Platform integrates third-party services, including a third-party payment aggregator and payout provider, and third-party software development kits, analytics, communication, verification and hosting providers.
• Your use of such third-party services may be subject to their own terms and privacy policies. The Company is not responsible or liable for the acts, omissions, availability, security or performance of any third-party service provider.

17. Disclaimers and "As Is" Basis

• The Platform and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or uninterrupted availability, to the maximum extent permitted by law.
• The Company does not warrant that the Services will be secure, error-free, uninterrupted, or free of viruses or other harmful components.
• The Company does not warrant or guarantee the conduct of any User or Creator, the outcome of any interaction, or the accuracy of any Content. You interact with other Users and Creators at your own risk.

18. Limitation of Liability

• To the maximum extent permitted by applicable law, the Company, its directors, officers, employees and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, goodwill, data or opportunity, arising out of or in connection with the Platform.
• The Company's total aggregate liability to you arising out of or relating to the Platform and these Terms shall not exceed the total amount actually paid by you to the Company for Butterflies during the one (1) month immediately preceding the event giving rise to the claim.
• Nothing in these Terms limits any liability that cannot lawfully be excluded or limited under applicable law, including the Consumer Protection Act, 2019.

19. Indemnity

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, affiliates and agents from and against any and all claims, demands, actions, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use or misuse of the Platform; (b) your breach of these Terms or any Platform Policy; (c) your violation of any applicable law or any right of a third party, including intellectual property, privacy or publicity rights; and (d) any Content you make available on the Platform. This obligation survives termination of these Terms.

20. Suspension and Termination

• The Company may, at its sole discretion and with or without notice, suspend, restrict or terminate your account and access to the Services, in whole or in part, where you breach these Terms or any Platform Policy, where required by law or a competent authority, or where continued access poses a risk to the Platform, other Users, Creators or third parties.
• Upon termination for cause, any Butterflies in your account may be forfeited without refund, subject to and in accordance with the Payment & Virtual Currency Policy and applicable law.
• Where the Company removes Content or restricts an account, it will, where practicable and not contrary to law or safety, give notice and an opportunity to appeal — to the Grievance Officer and, where applicable, to the Grievance Appellate Committee under Rule 3A of the IT Rules, 2021. For matters requiring mandatory reporting (such as under the POCSO Act, 2012), action is immediate and without prior notice.
• You may stop using the Platform and request deletion of your account at any time through the in-app option or by contacting the Grievance Officer.

21. Content and Account Deletion

• Upon account deletion, the Company will delete or de-identify your personal data in accordance with the Privacy Policy and the Digital Personal Data Protection Act, 2023 ("DPDP Act, 2023"), except where retention is required by law, for the establishment or defence of legal claims, or for the resolution of disputes.
• Certain records, including transaction, tax, KYC, safety and audit records, may be retained for the periods mandated under applicable law even after account deletion.

22. Consumer Protection and E-Commerce Entity Details

• The Company is an "e-commerce entity" for the purposes of the Consumer Protection (E-Commerce) Rules, 2020, and publishes the following details: Legal name: Nxtspacelabs Private Limited; CIN: U62011TS2026PTC218876; Registered office: Hyderabad, Telangana 500032, India; Contact: support@pairnow.in, and the Grievance Officer at grievance.officer@pairnow.in.
• Nothing in these Terms limits your rights under the Consumer Protection Act, 2019 and the rules thereunder.

23. Changes to these Terms

• The Company may amend these Terms and the Platform Policies at any time. Material changes will be notified through the Platform or by other reasonable means, and you may be required to re-accept before continuing to use the Services.
• Your continued use of the Platform after the effective date of any change constitutes acceptance of the amended Terms. If you do not agree, you must stop using the Platform.

24. Force Majeure

The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, governmental action or restriction, changes in law, power or telecommunications failure, internet or hosting disruption, cyber-attack, or failure of third-party service providers.

25. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of India. Subject to Clause 26 (Dispute Resolution and Arbitration), the courts at Hyderabad, Telangana shall have exclusive jurisdiction.

26. Dispute Resolution and Arbitration

• The parties shall first attempt to resolve any dispute amicably through the grievance mechanism within thirty (30) days of written notice of the dispute.
• Any dispute not so resolved shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by the Company, conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, Telangana, and the language of arbitration shall be English. The arbitral award shall be final and binding.
• Nothing in this Clause prevents either party from seeking urgent interim or injunctive relief from the courts at Hyderabad.
• This Clause does not derogate from any right you may have as a consumer under the Consumer Protection Act, 2019.

27. Grievance Redressal and Grievance Officer

• In accordance with the IT Act, 2000, the IT Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020 and the DPDP Act, 2023, the Company has appointed a Grievance Officer to address User complaints.
• Grievance Officer: Mr. G. Uday Sai Nath, grievance.officer@pairnow.in. Complaints will be acknowledged within twenty-four (24) hours and resolved within fifteen (15) days of receipt, or such shorter period as prescribed by law. Full details are set out in the Grievance Redressal Policy. For general support or help, you may also contact support@pairnow.in.

28. Notices

• The Company may give notice to you through the Platform, by in-app message, or by email or SMS to your registered details, or by publication on the Platform; such notice is deemed received when sent or published.
• You may send notice to the Company to grievance.officer@pairnow.in or to the registered office set out above.

29. Survival

Clauses relating to Butterflies already spent, licences granted in respect of User Content, intellectual property, disclaimers, limitation of liability, indemnity, taxes, governing law, dispute resolution and arbitration, grievance redressal, and any other provision which by its nature should survive, shall survive the termination or expiry of these Terms.

30. Severability; Waiver; Assignment; Entire Agreement

• If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
• The Company's failure to enforce any right or provision shall not constitute a waiver of it. The Company may assign or transfer these Terms; you may not assign your rights without the Company's prior written consent.
• These Terms, together with the Platform Policies, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior understandings.