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TERMS OF USE

Effective Date: 01 August, 2024

Welcome to Hunch! By using our website or mobile application, you're agreeing to the rules and regulations mentioned in these Terms of Use (‘Terms’). These Terms, read with the Hunch Privacy Policy and Community Guidelines together form the ‘User Agreement’. The User Agreement, including any additional documents referenced, forms a binding legal contract between you (the ‘User’) and Hunch (collectively with its Affiliates hereinafter referred to as ‘Hunch’, ‘we’, ‘us’, ‘our’, and ‘Company’).

General Terms

Please read on to learn the rules that govern your use of the Hunch website located at www.hunch.in or mobile application (collectively, the ‘Platform’ or ‘App’).

The Platform may be inaccessible or inoperable for any reason from time to time, 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 our 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.

Additional conditions may apply to you while you interact with the Platform, and these 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.

  1. Definitions and Key Terms

  1. ‘Affiliates’ refers to any entity that directly or indirectly controls, is controlled by, or is under common control with Hunch. The term "control" (including its correlative meanings "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise. This includes but is not limited to, Hunch's parent companies, subsidiaries, joint ventures, and other corporate entities under common ownership or control with Hunch.
  2. ‘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.
  3. ‘Community Guidelines’ or ‘Guidelines’ outline what is considered as unacceptable Content and behavior on Hunch, as well as the actions that may be taken in the event of any violation of the Guidelines.
  4. ‘Company’ refers to INKS Technology Services Pte. Ltd.
  5. ‘Content’ refers to any materials available on or through the Platform, including but not limited to polls, poll options, descriptions, comments, chat messages, User profiles, profile photos, bios in the form of text, images, videos, generative AI output, links, attachments, emojis, and other creative tools. This encompasses materials created, uploaded, posted, or shared by Users through their accounts, as well as Content created by the Platform, third parties, or reposted from other sources.
  6. ‘Hunch’ shall include the Company and any of its parents, subsidiaries, Affiliates, or any related companies including their respective successors and assigns.
  7. ‘Personal Information’ 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 is also treated as Personal Data.
  8. ‘Platform’ means the Hunch website or mobile application, including any web pages through which our Users may access Services provided by Us.
  9. ‘Services’ refers to all the functionalities, features, and offerings provided through the Platform. This encompasses a wide range of activities and interactions available to Users, including but not limited to accessing and participating in polls, using the Chat Feature, engaging with User-generated Content, and any other tools, applications, or services that are part of the Platform experience.
  10. ‘Third-Party Materials’ refer to any Content, services, products, or resources provided by entities other than Hunch, which are made available to Users through the Hunch Platform. This includes, but is not limited to, advertisements, links to external websites, applications, tools, media, and any other digital Content not created or controlled by Hunch.
  11. ‘User(s)’ refers to individuals or entities who access, browse, register, or use the Platform.

  1. Eligibility

To access the Platform, you need to be 18 years of age or the equivalent legal/minimum age in the country where you create your account. In some jurisdictions, you may be required to have parental or guardian consent before you can access the Platform. You are solely responsible for determining whether your use of the Platform is permitted in the jurisdiction from which you are accessing the Platform.

The Platform is intended only for Users who are not prohibited by the laws of the jurisdiction where they reside from accessing it. We do not intend to enable you to contravene any Applicable Laws. You represent, warrant, and agree that your use of the Platform complies with Applicable Laws.

You authorize us to, directly or through third parties, make any inquiries or verifications we deem necessary to confirm your identity, if required. We reserve the right to close, suspend, or limit your access to the Platform if we are unable to verify your identity after reasonable inquiries. Before processing the information of anyone restricted from accessing the Platform as per Applicable Law, we may obtain verifiable consent from the parent or guardian of such an individual, if and when required by Applicable Law.

We make no representations or warranties, express or implied, concerning the legality of the Platform and/or any person’s use of it, and shall not be responsible for any illegal use of the Platform by you. If you have any concerns about the legality of your use of the Platform, please consult with legal counsel in your jurisdiction.


  1. Your Access to Hunch

You can use Hunch by creating an account through the available login methods. Your username and password are for your personal access only and should be kept confidential. You understand that you are responsible for all access (including any unauthorized access) via your username and password. You may contact us if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. You agree not to create an account if your account has been previously banned from the Platform.

Your Access to Hunch grants you limited, non-exclusive, revocable permission to access the Platform for your personal, non-commercial purposes, unless agreed otherwise. This access shall remain in effect unless and until terminated by you or Hunch. Please note that your use of the Platform and associated HIP does not indicate that it is being sold or transferred to you, and Hunch retains all ownership rights over the Platform and associated HIP even after it is downloaded on your device.

Upgrades, updates, or other new features on the Hunch App may be automatically downloaded or updated on your device. You may be able to adjust these automatic downloads through your device’s settings.


  1. Termination of Account  

    If you choose to stop using our Services, or if we decide to terminate your account for any reason, here's what you need to know:
  1. 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. You may also delete your account by raising a request via the Account Deletion Form. Your account will be deleted immediately but it may take a little while for your Content to be completely removed from the Platform.

For Hunch+ Users:  If you use any of our premium features, you must manage them through your External Service Account (e.g., iTunes, Google Play) to avoid additional charges. 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.

  1. For Suspended or Banned Users: Hunch reserves the right to investigate and, if deemed necessary, suspend or permanently ban your account without a refund if we believe that you have breached the User Agreement, misused our Services, or engaged in behavior that we consider inappropriate or unlawful, whether on or off our Platform. We reserve the right to use any personal, technological, legal, or other means available to enforce the User Agreement at any time, without liability and without prior notice, including preventing you from accessing the Services.

If your account is terminated by you or by Hunch for any reason, these Terms will continue to be in effect and enforceable between you and Hunch. Your information will be maintained and deleted in accordance with our Privacy Policy.

  1. Restrictions

You shall not use Hunch for the following purposes:

  1. General Misuse and Harmful Activities
  1. Use the Services for harmful, illegal, or nefarious purposes, including financial crimes.
  2. Use the Services to violate Applicable Laws or infringe intellectual property rights.
  3. Engage in scams, spam, inauthentic profiles, or unauthorized commercial/promotional activities.
  4. Act in an unlawful, disrespectful, dishonest, abusive, or discriminatory manner.
  5. Use the Services to cause nuisance, annoyance, or inconvenience.
  6. Submit false or misleading reports or abuse the reporting and appeal systems. You can read more on user reports in the Community Guidelines.
  1. Unauthorized Access and Data Misuse
  1. Gain unauthorized access to another User’s account or non-public portions of the Services.
  2. Collect, access, or process any personal or confidential data through the Platform without our explicit prior written consent.
  3. Solicit passwords or Personal Information for commercial or unlawful purposes.
  4. Use automated devices or methods to access, retrieve, index, or reproduce Services.
  1. Technical Misuse and Security
  1. Introduce harmful or malicious code such as viruses, trojans, worms, or any software routines that can disrupt, damage, or impair the Platform's functionality, or interfere with any third-party services linked to our Platform.
  2. Interfere with, disable, disrupt, overburden, or impair the Services.
  3. Launch automated programs or scripts that burden or hinder the operation/performance of the Services.
  4. Probe, scan, or test the vulnerability of Services or networks.
  5. Use the Services with incompatible or unauthorized devices.
  6. Develop, support, or use unauthorized software, devices, scripts, or other means to scrape or copy data.
  7. Reverse engineer, decompile, or disassemble any portion of the Services.
  1. Unauthorized Use and Content Management
  1. Copy, distribute, modify, transmit, or create derivative works from the Services or Content without permission.
  2. Express or imply endorsements by Hunch without explicit consent.
  3. Develop third-party applications interacting with Services or Content without consent.
  4. Sell, rent, lease, transfer, or sub-license the Platform's Services, or make them available to anyone other than authorized Users, without Hunch’s specific prior written approval.
  1. Account Misuse and Transfer
  1. Authorize others to use your account or assign/transfer your account to third parties without permission.
  2. Create new accounts after suspension or termination without permission.
  1. Other Restrictions
  1. Use or merge the Platform with any open-source software, or grant third parties any rights or immunities in Hunch’s intellectual property.
  2. Use the Services for fraud, pyramid schemes, political campaign financing or other illegal activities as per Applicable Laws.
  3. For any reason which is restricted by Applicable Laws, and for any other reason which we may deem fit, and communicate to you from time to time.

  1. User Content

You are responsible for the Content you post. Hunch reserves the right to remove or disable any Content that violates our Guidelines. By posting Content, you affirm that you have the necessary rights and authority to do so. When you post or share Content on Hunch, please remember that it will be publicly accessible and may be re-shared by other Users across the web. Hunch is not responsible for what you or other Users post or share on the Platform.

We use a combination of automated systems, User reports, and moderators to monitor and review accounts and Content to identify breaches of the User Agreement. We reserve the right to terminate or suspend any account, restrict access to the Platform, or use any operational, technological, legal, or other means available to enforce the User Agreement (including blocking specific IP addresses).

  1. Third-Party Content and Advertisements

Interaction with any Third-Party Materials on Hunch, including engaging with advertisements (if any) or accessing linked websites, is subject to the terms and conditions, privacy policies, and other policies practices of the respective third parties. Hunch does not endorse, verify, or assume responsibility for Third-Party Materials. Users should carefully review third-party terms carefully, as they govern interactions and transactions with such entities.

Users are responsible for their dealings with third parties, including adherence to any applicable terms and compliance with laws in relation to Third-Party Materials and in-app transactions. Hunch disclaims liability for any loss or damage arising from the use of Third-Party Materials or from transactions processed through third-party platforms.

  1. Hunch Subscriptions and In-App Purchases

Hunch may offer premium features by the way of Subscriptions and In-App purchases. Please review the following terms related to managing these features:

  1. Subscription Management: 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 your location, which may change from time to time.
  2. Renewal and Cancellation: Your Hunch subscription will automatically renew at the end of each subscription period unless you cancel it. To avoid being charged for the next subscription period, you must cancel your subscription at least 24 hours before the end of the current subscription period. If you face any difficulties canceling your subscription, please reach out to us using the in-app support feature.
  1. Apple App Store: To manage and cancel your subscription on an Apple device, go to Settings > [your name] > Subscriptions. Select the Hunch subscription and follow the prompts to cancel.
  2. Google Play Store: To manage and cancel your subscription on a Google device, open the Google Play Store app, tap Menu > Subscriptions, select the Hunch subscription, and follow the prompts to cancel.

Note that deleting your Hunch account will not automatically cancel your subscription. You must manage your subscription through your External Service Account as described above.

  1. Billing and Payment
  1. Payment Processing: Hunch does not process payments directly nor store your payment details. All billing and payment processes are managed by the Apple App Store or Google Play Store, depending on where you downloaded the app.
  2. Refunds: Refunds for subscriptions or in-app purchases are subject to the policies of the Apple App Store or Google Play Store. For assistance with refunds, please contact the respective app store’s support.
  1. In-App Purchases: In addition to subscriptions, Hunch may offer one-time in-app purchases for additional features or Content. These purchases are also processed through your External Service Account, and the same management and refund policies apply.
  1. Privacy and Data Protection

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. Review our Privacy Policy for more information.

  1. Intellectual Property Rights

  1. User Content Ownership and Licensing: By uploading, posting, or submitting Content to the Platform, you affirm that you are the rightful owner or have obtained all necessary licenses or permissions for the Content you post on Hunch. You retain ownership of the intellectual property rights in your Content. However, you grant Hunch a global, royalty-free, perpetual, transferable, sublicensable, non-revocable and non-exclusive license to use, modify, reproduce, distribute, display, and communicate your Content in connection with the operation, promotion, and expansion of the Platform in any current or future media formats and through any channels.
  2. Hunch Intellectual Property (‘HIP’): Except for open-source software or third-party software displayed on the Platform, Hunch owns all patents, copyrights, trademarks, trade secrets, ideas, concepts, know-how, documentation, software, designs, look and feel of the Platform, and techniques that may exist on:
  1. The Platform, including any graphics, texts, icons, buttons, data, or information created and displayed on the Platform, and any products, training materials, deliverables, and/or databases utilized to operate the Platform.
  2. Any data, trends, analyses, metadata, or other data derived by Hunch by reference to the Platform and Hunch databases and network.
  1. Prohibited Actions: Any systematic retrieval of HIP or Content to reverse engineer, create or compile, directly or indirectly, a collection, compilation, database, or directory, (whether through robots, spiders, automatic devices, or manual processes) without written permission from Hunch is prohibited. Use of the HIP or Content for any purpose not expressly permitted in these Terms is prohibited and may invite legal action.
  2. Respect for Third-Party Intellectual Property: Hunch respects third-party intellectual property rights and expects the same from its Users. Users are prohibited from using usernames that are registered trademarks by other individuals or entities or can be demonstrated to be owned by another individual or entity. If you believe any Content on Hunch violates your intellectual property rights, please report that content on our intellectual property violation form. Please note that misrepresentation of claims may face legal consequences.

  1. User Communication

In case you have given your phone number to us, you consent to receive phone calls from Hunch for purposes including, but not limited to, customer support and providing updates or information related to our Services. These calls may be made by our representatives. Hunch respects the privacy of its Users and is committed to maintaining the confidentiality of the information shared during these calls. Users may be requested to verify their identity for security purposes during the call. Hunch shall be free to use any feedback, suggestions, or comments you provide to improve our Services.


  1. Compliance with Local Laws
  1. India: Section 3(1)(b) of India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: By using the Platform, you agree to comply with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and any other Applicable Laws. You agree not to host and take reasonable efforts to avoid hosting Content that is obscene, pornographic, paedophilic, invasive of another's privacy, insulting, harassing, encouraging money laundering, or engaging in any activity that impersonates another person. We reserve the right to monitor and take appropriate action against Users found violating the said rule and this clause. Such actions may include Content removal, account suspension, and reporting the violations to the relevant law enforcement agencies. Please review our Community Guidelines for more details on what is acceptable Content on Hunch.
  2. U.S. Federal and State Laws: Users residing in the United States are required to comply with laws governing online behavior and digital content, including any state-specific regulations.

  1. Indemnification & Warranties

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Hunch, our Affiliates, directors, officers, consultants, vendors, 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 the User Agreement or any Applicable Laws or regulations or (d) your negligence or willful misconduct.

  1. Limitation of Liabilities

IN NO EVENT AND UNDER NO CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, OR NEGLIGENCE, SHALL HUNCH OR ITS EMPLOYEES, AFFILIATES, MANAGING MEMBERS OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RESULTING FROM (A) YOUR ABILITY OR INABILITY TO ACCESS OR USE THE SERVICES (B) THE CONTENT MADE AVAILABLE ON THE PLATFORM THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL (C) CONDUCT OF OTHER USERS ON THE PLATFORM OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT. ACCESS TO AND USE OF THE SERVICE 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, EVEN IF HUNCH HAS 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 APPLICABLE LAWS IN THE USER’S JURISDICTION.


IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 6 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

  1. Dispute Resolution

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

  1. Individual Arbitration: You agree to resolve any disputes with Hunch through binding individual arbitration and waive your right to participate in a class action lawsuit or class-wide arbitration.
  2. Pre Arbitration: Before arbitration, both parties will attempt to resolve disputes through mediation at the Singapore International Mediation Centre (‘SIMC’), following the SIAC-SIMC Arb-Med-Arb Protocol. 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. Arbitration: Any dispute arising out of or in connection with these Terms, including any question regarding its interpretation or validity, 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’) in force at the time, 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.
  4. 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. Governing Law: All rights and obligations hereunder will be governed by the laws of Singapore, without regard to the conflict of law provisions of such jurisdiction. Notwithstanding the above, any disputes related to our intellectual property rights may be brought in any court of competent jurisdiction.

  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 LAWS, NEITHER WE NOR OUR AFFILIATES, MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM. THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. 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.
  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.

  1. Changes to these Terms & Additional Terms

We may periodically update and make changes to these Terms. When we do, we will post the updated version and note the date of the latest revision. For significant changes, we may also inform you by email (if you've provided one) or through a notification on the Platform. By continuing to use the Platform after these updates, you agree to the revised Terms. If you disagree with the changes, please discontinue using the Platform before they take effect.

  1. Contact Us

For any concerns or clarifications regarding these Terms, you may contact us at legal@hunch.in.

For Users in India:

In compliance with the Information Technology (Intermediary Guidelines & Digital Media Ethics Codes) Rules, 2021, the details of the Grievance Redressal Officer for Hunch are as below:

Name of the Grievance Officer: Anvi Jha
Email Address: go.india@hunch.in

 

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