TERMS OF USE

Last updated on 04 August, 2023

Hunch (“Hunch,” “We,” “Us,” “Our,” and “Company”) provides plain language summaries for the convenience of Our Users (“User,” “You,” or “Your”)  in order to better contextualize legal terminology that may be confusing and appear in italics under each section, as far as possible. However, You should understand that these are provided only for Your convenience. These summaries are not legally binding and do not supersede the actual terms and conditions described in these Terms. Please make sure You read these Terms, including any document referred to in these Terms of Use, to fully understand Your legal requirements.

These Terms of Use read with Our Privacy Policy and Content Guidelines together form the ‘User Agreement’.

1. General Terms

2. Definitions and Key terms

3. Eligibility

4. Restrictions

5. Your Account

6. Your Content

7. Third-Party Content/Ads

8. Hunch Subscriptions and In-App Purchases

9. Intellectual Property Rights

10. Takedown policy

11. Indemnification & Warranties

12. Limitation of Liabilities

13. Dispute Resolution

14. Disclaimer

15. Changes to these Terms & Additional Terms

16. Contact Us

  1. General Terms       

  1. Please read on to learn the rules that govern Your use of Our site or mobile application, including the webpage located at www.hunch.in.
  2. These Terms of Use, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms”), are entered into by Hunch and You, and constitute a binding legal agreement.
  3. From time to time, the Platform may be inaccessible or inoperable for any reason, including, but not limited to: (a) periodic maintenance procedures or repairs that Hunch may undertake from time to time, (b) equipment malfunctions, (c) causes beyond Hunch’s control or that Hunch could not reasonably foresee, (d) disruptions and temporary or permanent unavailability of the underlying infrastructure, or (e) unavailability of third-party service providers or external partners for any reason.
  4. Additional conditions may be applicable to You while You interact with the Platform, which must be read in conjunction with these Terms. To the extent that these Terms are inconsistent with the additional conditions set down, the additional conditions shall prevail.

If You do not agree to these Terms, You must not access or use the Platform.

  1. Definitions and Key Terms

  1. “Hunch” shall include the Company and any of its parents, subsidiaries, affiliates or any related companies including their respective successors and assigns.
  2. “Platform” or “App”  means Our website or Our mobile application.
  3. “Modification” means any upgrade, update, or other modification to the Platform.
  4. “Applicable Laws” means all statutes, enactments, acts of the legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, as may be applicable to the User.
  5. “Services” means the services provided via the Platform by Hunch.
  6. “Users” refers to the individuals who are allowed to use the Platform in accordance with the Terms of Use, Privacy Policy, and Content Guidelines provided by Hunch.
  7. “Content Guideline” or “Guidelines” means a written statement or set of instructions that Our Users must follow while creating Content regarding polls on Our Platform.
  8. “Content” is defined as the text, links, graphics, photos, videos, audio, streams, emojis, comments, or other materials available on the Platform.
  9. “Personal Data” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, email address, telephone number, age, gender, interests, and location. When anonymous information is directly or indirectly associated with Personal Data, the resulting information also is treated as Personal Data.
  10. “Chat Feature” refers to the interactive messaging feature on the Platform that allows Users to communicate with each other privately in real time.
  11. “AI Chat Bot" refers to the automated chat system powered by artificial intelligence technology that provides automated responses and assistance to Users.
  12. “Speed Dating” on Hunch is an interactive feature designed to foster quick, meaningful connections between Users. Within a short conversation window, Users connect and may mutually decide to reveal identities for continued interaction.

  1. Eligibility

You may only use the Platform if You comply with all of the following:

  1. You are at least thirteen (13) years old or of legal age to enter into an agreement as determined by the Applicable Laws of the country/territory where You reside.
  2. The Platform is intended only for Users who are not prohibited by the laws of their country/territory from accessing it. Hunch does not intend to enable You to contravene any Applicable Laws. You represent, warrant, and agree to ensure that Your use of the Platform will comply with all Applicable Laws. The offering or availability of the Platform shall not be deemed or interpreted as an offer or invitation by Us to use it if You reside in a place in which such use is currently forbidden by law, or where, Hunch, in its sole discretion, elects not to make the Platform available. You shall be solely responsible for determining whether Your use of the Platform is legal in the place where You reside. We make no representations or warranties, express or implied, concerning the legality of the Platform and/or of any person’s use of it, and shall not be responsible for any illegal use of the Platform by You. It is Your responsibility to ensure that You comply with all Applicable Laws before using the Platform. If You have any concerns, You should consult with legal counsel in Your country/territory about the legality of Your use of Our Platform, and any part of it.
  3. You authorize Us, directly or through third parties, to make any inquiries or verifications We consider necessary to confirm Your identity. We reserve the right to close, suspend, or limit Your access to the Platform in the event that, after reasonable inquiries, We are unable to verify Your identity.

It is the responsibility of the User to ensure that the access to the Platform is legal and/or otherwise not in any manner prohibited in its country/territory.

  1. Restrictions

  1. You will not, and will not authorize, encourage, or allow any other party to: (i) use or combine the Platform with software offered under an open-source license that creates obligations with respect to the Services contrary to these Terms, or purports to grant to any third party any rights to, or immunities under, Hunch’s intellectual property or proprietary rights in the Services (ii) gather, access, or otherwise process any personal data via the Platform for any purpose without Our prior written consent (iii) transmit any "back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus,” “spyware,” or “malware,” or any computer code or software routine, which permits unauthorized access to, disables, damages, erases, disrupts, or impairs the normal operation of, or use of the Platform, or any products or services provided by a third party in connection with the Services or (iv) sell, resell, rent, lease, transfer, license, sublicense, syndicate, lend, or provide access to (except to individuals You authorize to access and use Your accounts) the Services, without Hunch’s express prior written approval.

It is the responsibility of the User to not use the Platform in a restricted manner.  

  1. Your Account

  1. You can use Hunch by (i) creating an account on Hunch through the available log in methods or (ii) browsing on the Platform in guest mode.

  2. Certain Services will only be available if You create an account. You agree to provide Us with accurate, complete, and updated information for Your account.
  3. Please note that any software that We provide may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through Your device’s settings. You agree not to create any account if we have previously removed or banned You or Your account from any of Our Services, unless We consent otherwise due to violation of the User Agreement, or any other reason.
  4. Deleting Your Account: You can delete Your Account at any time by going to Your profile on Hunch and selecting Delete Account from the menu.

Account creation grants access to certain services; Users must provide accurate information and may delete their account at their discretion.

  1. Your Content

  1. The Platform may contain Content, including Content created with or submitted to the Platform by You or through Your account (“Your Content”). We take no responsibility for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
  2. We do not allow objectionable Content and behavior on Our Platform. For a better understanding of how We regulate content posted on the Platform, please refer to Our Content Guidelines. We may remove Your account at any point in time, if We feel the Content posted by You is objectionable as per what is mentioned above, Our Content Guidelines, or in any other circumstance We deem appropriate.
  3. By submitting Your Content to the Platform, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms because You may expose Yourself to liability if You post or share Content without all necessary rights.
  4. You warrant that You have ownership rights over Your Content but by posting Your Content on the Platform, You grant Us the following license to use Your  Content:
  1. When Your Content is created with or submitted to the Platform, You grant Us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for Us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Hunch. You also agree that We may remove metadata associated with Your Content, and You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

The User gives rights to the Content uploaded on the Platform.

  1. Third-Party Content/Ads

Certain Services may display, include, or make available Content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If You use any Third-Party Materials made available through the Services (including Services We jointly offer with the third party), each party’s terms will govern the respective party’s relationship with You. Neither We nor Our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. ​​ By using the Services, You acknowledge and agree that Hunch is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to You.

Your use of others’ content and information posted on the Platform, is at Your own risk and others may offer their own products and services through the Platform, and We are not responsible for those third-party activities.

  1. Privacy and Data Protection
  1. Privacy Policy: By using the Platform, You acknowledge and agree to the collection, storage, processing, and use of Your personal information in accordance with the terms of Our Privacy Policy. Our Privacy Policy explains how We collect, use, and disclose Your information and how We protect Your privacy when You use the Platform. Please review Our Privacy Policy for more information.

Use of the Platform signifies agreement with Our Privacy policy, which outlines Our data collection, use, and protection measures.

  1. Hunch Subscriptions and In-App Purchases

Hunch may offer premium features by the way of Subscriptions and In-App purchases. Purchases on Hunch can only be made through your Apple App Store Account or Google Play account (‘External Service Account’), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

Please note that Hunch does not process payments directly nor store your payment details.

All aspects of subscription management, including billing, renewal, and cancellation, are governed by terms of your External Service Account from which the App was downloaded. Your Hunch subscription will automatically renew at the end of each subscription period, unless you cancel it through the Platform’s subscription management settings prior to the end of the current subscription period. In case you are facing any difficulties canceling your subscription, please reach out to us using the in-app support feature.

You can manage and cancel your subscriptions by going to your account settings on the Platform after purchase. Cancellations will take effect at the end of the current subscription period. Please note that your subscription will not stop automatically in case you delete your account, please go to the manage subscriptions page on Hunch prior to deleting your account.

California Users: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed

  1. Intellectual Property Rights

  1. As between You and Hunch, except for the open source software or third-party software or any third-party intellectual property displayed on the Platform, Hunch owns all patents, copyright, trademark, trade secret, ideas, concepts, know-how, documentation, software, designs, look and feel of the Platform, or techniques or other intellectual property rights that may exist on (i) Our Platform, including any graphics, texts, icons, buttons, data or information We create and include on the Platform, and any products, training materials, deliverables, and/or databases that may be utilized to provide the Platform (“Platform Content”), and (ii) any data, trends, analyses, metadata or other data which may be derived by Hunch by reference to the Platform and Hunch databases and network.
  2. You irrevocably grant Us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, communicate to the public, make available, publicly display, and otherwise use and exploit Your Content.  
  3. Hunch is free to use any feedback, suggestions or comments which You give Us to improve Our services.
  4. We will prohibit Users on Hunch to have usernames that are terms registered as trademarks by other individuals or entities or can be demonstrated to be owned by some other individual or entity.
  5. We do not allow any Content which infringes on someone else’s Intellectual Property Rights. When you submit content on Hunch, it is Your responsibility to make sure that You own the Content or have the necessary permissions to use any Content not owned by You.

We are providing You notice about Our intellectual property rights.

  1. Takedown Policy

  1. Content that violates the Hunch Content Guidelines shall be taken down as per what is stated in the Content Guidelines and as per Section 6(b) of these Terms.
  2. Copyrights Complaints: All complaints/ notices of alleged copyright infringements or violations received by Hunch shall be processed and investigated as per Applicable Law.  If You, in good faith believe that Your work or that of a person You know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be notified to Hunch at legal@hunch.in or through the in-app reporting mechanism.
  1. Please note that by claiming copyright infringement You are initiating a legal process. Kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before You report.
  2. Please note that We may send a copy of any infringement claim received to the User who posted the Content that was reported by You as infringing.
  3. If You submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, You may be held liable for damages and attorneys'/lawyers' fees.
  1. Trademark Complaints: All complaints/ notices of alleged trademark  infringements or violations received by Hunch shall be processed, and investigated and appropriate actions will be taken  as per Applicable Law.  If You, in good faith, believe that Your work or that of a person You know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be notified to Hunch at legal@hunch.in or through the in-app reporting mechanism.
  1. Please note that by claiming trademark infringement You are initiating a legal process. Kindly be sure to consider that using another’s trademark to accurately reference the trademark owner’s products or services, or to compare them to other products or services, is not considered trademark infringement.
  2. Please note that We may send a copy of any infringement claim received to the User who posted the Content that was reported by You as infringing.
  3. If You submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a trademark, You may be held liable for damages and attorneys'/lawyers' fees.

The procedure for submitting a request for taking down content.

  1. Indemnification & Warranties

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Hunch, Our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) Your access to or use of the Platform or any products or services provided by a third party in connection with the Platform, even if recommended, made available, or approved by Us (b) Your content, including infringement claims related to Your content (c) Your breach of these Terms or any Applicable Laws or regulation or (d) Your negligence or willful misconduct.

Users agree to indemnify Hunch against their use of the Platform.

  1. Limitation of Liabilities

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL HUNCH BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE HUNCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

This is Our disclaimer of legal liability for the quality, safety, or reliability of Our Platform.

  1. Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND HUNCH AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

  1. Any dispute arising out of or in connection with these Terms, including any question regarding its interpretation or validity, shall be referred to Hunch and shall be resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The appropriate courts located in Singapore will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  2. That following the commencement of arbitration, Hunch and the User will attempt in good faith to resolve the dispute through mediation at the Singapore International Mediation Centre (“SIMC”) in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached during mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.
  3. Any dispute arising out of or related to these Terms is personal to the User and Hunch and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. For the avoidance of doubt, it is made clear that any dispute that may arise cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
  4. The arbitrator appointed shall not be bound by rulings in prior arbitrations involving Hunch but is bound by rulings in prior arbitrations involving the same User to the extent required by Applicable Laws. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
  5. All rights and obligations hereunder will be governed by the laws of Singapore, without regard to the conflicts of law provisions of such jurisdiction.
  6. The interpretation and enforcement of these Terms, and any dispute related to these Terms, or the Platform, will be governed by and construed and enforced in accordance with the laws of Singapore, as applicable, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that We may initiate a proceeding related to the enforcement or validity of Our intellectual property rights in any court having jurisdiction.

Any dispute under these terms is subject to be referred to and resolved by the Singapore International Arbitration Centre.

  1. Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NEITHER US NOR THE AFFILIATES, MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM. THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT:

  1. THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HUNCH DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.
  2. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  3. YOU AGREE THAT HUNCH DOES NOT ASSUME ANY RESPONSIBILITY WHATSOEVER FOR HACKS AND/OR SECURITY BREACHES THAT THE PLATFORM MAY BE SUBJECT TO/ AFFECTED BY.

Provision of the Platform by Hunch is subject to the disclosures and disclaimers as provided hereinabove.

  1. Changes to these Terms & additional Terms

We may make changes to these Terms from time to time. If We make changes, We will post the revised Terms and update the Effective Date above. If the changes, in Our sole discretion, are material, We may also notify You by sending an email to the address associated with Your account (if You have chosen to provide an email address) or by otherwise providing notice through the Platform. By continuing to access or use the Platform on or after the Effective Date of the revised Terms, You agree to be bound by the revised Terms. If You do not agree to the revised Terms, You must stop accessing and using the Platform before the changes become effective.

The User agrees to the changes to the Terms and additional Terms.

  1. Contact Us

For any concerns or clarifications regarding the Terms given herein, You may contact Us on legal@hunch.in

Grievance Officer Contact for users in India:
N: Anvi Jha
E: go.india@hunch.in

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