RISHTA AUNTIE
TERMS OF USE
Effective Date: June 8, 2026
Last Updated: June 8, 2026
PLEASE READ THESE TERMS CAREFULLY. These Terms of Use contain important provisions that affect your legal rights, including: (i) a binding, individual arbitration agreement and class action waiver (Sections 29–31), (ii) disclaimers of warranty and significant limitations on our liability (Sections 25–26), (iii) automatic renewal of paid subscriptions (Sections 11–12), (iv) an acknowledgment that we do not conduct background checks (Section 8), and (v) a representation that you have not been convicted of a felony and are not required to register as a sex offender (Section 3). If you do not agree to these Terms, do not use the Services.
These Terms of Use (the “Terms” or this “Agreement”) form a binding legal contract between you (“you”, “your”, or “User”) and Rishta Auntie LLC, a New York limited liability company with its principal place of business at 329 S. Oyster Bay Rd #1033, Plainview, NY 11803 (“Rishta Auntie”, “Company”, “we”, “us”, or “our”), and govern your access to and use of the Rishta Auntie mobile application for iOS and Android (the “App”), the website located at https://www.rishtaauntie.app (the “Website”), and all related features, content, products, services, software, and communications channels (collectively, the “Services”).
Acceptance. By creating an account, accessing, downloading, installing, or otherwise using the Services in any manner, you (i) acknowledge that you have read and understood these Terms; (ii) agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference); and (iii) represent that you have the legal capacity to enter into this Agreement. If you do not agree, you must not access or use the Services.
Operating Region. The Services are offered in the United States (all 50 states and the District of Columbia) and Canada. We make no representation that the Services are appropriate or available for use in any other location, and access from territories where the Services are illegal is prohibited.
Table of Contents
- Definitions
- Eligibility and Account Requirements
- Sex Offender, Felony, and Other User Representations
- Creating and Maintaining an Account
- License to Use the Services
- User Content and Content License
- User Conduct and Prohibited Activities
- Interactions with Other Users; No Background Checks
- Safety, Moderation, and Reporting
- Selfie Verification
- Premium Subscriptions and In-App Purchases
- Automatic Renewal and Cancellation
- Free Trials and Promotional Offers
- Refund Policy
- Modifications to the Services
- Termination and Suspension
- Death of User and Account Non-Transferability
- Intellectual Property; Rishta Auntie Marks
- Copyright Policy and DMCA Procedures
- Third-Party Services and Platforms
- Apple App Store and Google Play Additional Terms
- Mobile Notifications, SMS, and Communications
- Feedback
- Privacy Policy
- Disclaimers of Warranties
- Limitation of Liability
- Indemnification
- Release of Claims
- Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
- Mass Arbitration Procedures
- Opt-Out of Arbitration
- Governing Law, Forum, and Jurisdiction
- Limitation Period
- Electronic Communications and Notices
- Modifications to These Terms
- General Provisions
- Contact Information
1. Definitions
Unless otherwise defined in these Terms, capitalized terms have the meanings given to them in our Privacy Policy. For the avoidance of doubt:
“Account” means the user account you register to access and use the Services.
“Applicable Law” means all applicable federal, state, provincial, and local laws, statutes, regulations, ordinances, rules, and orders, including without limitation U.S. state privacy and consumer-protection laws.
“Content” means any text, photographs, videos, voice notes, voice or video call recordings (if any), audio, messages, prompts, profile information, taglines, vibes, questions/answers, and any other material that you post, upload, publish, transmit, record, display, or otherwise make available through the Services.
“Premium Subscription” means a paid subscription to Rishta Auntie Premium or other paid plans offered through the Services.
“Service Providers” means our third-party vendors and contractors that perform services on our behalf, including hosting, analytics, push notification, mapping, authentication, payment processing, and advertising service providers.
“User” / “you” means an individual who accesses or uses the Services.
2. Eligibility and Account Requirements
You may use the Services only if you meet all of the following eligibility requirements. By creating an Account or otherwise using the Services, you represent and warrant that:
- You are at least eighteen (18) years of age;
- You are a resident of the United States (including the District of Columbia) or Canada;
- You have the legal capacity to enter into binding contracts in your jurisdiction of residence;
- You are not located in, under the control of, or a national or resident of any country or jurisdiction with which it is unlawful for U.S. or Canadian persons to do business under applicable export, sanctions, or trade-control laws;
- Your access to or use of the Services is not prohibited or restricted by Applicable Law in the jurisdiction from which you are accessing the Services;
- Your Account has not previously been suspended, banned, or terminated by Rishta Auntie (unless we have expressly agreed to permit your renewed access);
- You will use the Services only for the purposes contemplated by these Terms, namely for genuine, personal, non-commercial matchmaking purposes; and
- You will comply at all times with these Terms, our Privacy Policy, our Community Guidelines (if any), and all Applicable Laws.
The Services are intended exclusively for adults. We do not knowingly permit or solicit minors to register or use the Services. If we learn or have reason to believe that a User is under 18, we will terminate the Account and delete the User’s information in accordance with our Privacy Policy.
3. Sex Offender, Felony, and Other User Representations
IMPORTANT REPRESENTATION. By creating an Account and using the Services, you represent and warrant that you have never been (i) convicted of a felony, indictable offense, or a sexual offense of any kind, and (ii) you are not required to register as a sex offender with any government entity, registry, or database in any jurisdiction.
You further represent and warrant that:
- You are not currently subject to a restraining order, no-contact order, civil protection order, or similar order in any jurisdiction;
- You are not currently incarcerated, on probation, on parole, or under any other criminal-justice supervision that prohibits, restricts, or makes inappropriate your use of an online dating, matchmaking, or social-introduction service;
- You are not using the Services for purposes that would violate any Applicable Law, including human-trafficking laws, anti-fraud laws, or laws prohibiting the impersonation of others;
- You will not use the Services to engage in commercial sexual activity, prostitution, escort services, or solicitation of any kind;
- You will not use the Services to facilitate or further any unlawful activity, including the sale or distribution of controlled substances;
- All information you provide to us, including all profile information and any verification materials, is and will at all times remain true, accurate, current, and complete; and
- You are using the Services solely for your own personal, non-commercial use.
Right to Terminate. If any of the foregoing representations becomes untrue, or if we have a good-faith belief that any such representation is or has become untrue, we may immediately and without notice suspend or terminate your Account in accordance with Section 16.
4. Creating and Maintaining an Account
4.1 Account Registration
To access most features of the Services, you must register for an Account. You may register using your email address, mobile phone number, Sign in with Google, or Sign in with Apple. By using a third-party authentication provider, you authorize Rishta Auntie to access and use the limited account information described in our Privacy Policy.
4.2 Accurate and Complete Information
You agree to (i) provide accurate, current, and complete information about yourself during the registration process and at all times while you maintain an Account; (ii) maintain and promptly update your Account information so that it remains accurate, current, and complete; and (iii) not register more than one Account or register an Account on behalf of any person other than yourself, except with our prior written consent.
4.3 Account Credentials and Security
You are solely responsible for safeguarding your Account credentials (including any password or authentication tokens) and for any activity that occurs under your Account, whether or not authorized by you. You agree to:
- Maintain the confidentiality of your Account credentials;
- Log out of your Account at the end of each session, particularly on shared devices;
- Not share your Account credentials with any third party;
- Not sell, transfer, license, or assign your Account to any other person; and
- Notify us immediately at support@rishtaauntie.app of any actual or suspected unauthorized access to or use of your Account.
Rishta Auntie is not liable for any loss or damage arising from your failure to comply with this Section.
4.4 Verification
We may, but are not obligated to, verify your identity, age, phone number, email address, or other information you provide. This may include selfie verification (described in Section 10), phone-number verification, email verification, or other commercially reasonable methods. Failure to complete required verification may limit or prevent your use of the Services.
5. License to Use the Services
Limited license. Subject to your compliance with these Terms, Rishta Auntie grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial matchmaking use. This license does not include any right to:
- Resell, sublicense, distribute, or otherwise commercially exploit the Services;
- Use any data mining, robots, scraping, or similar data-gathering, indexing, or extraction methods in connection with the Services;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying ideas, algorithms, file formats, or non-public APIs of the Services, except to the extent such restrictions are prohibited by Applicable Law;
- Modify, translate, or create derivative works based on the Services, except as expressly authorized in writing;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- Bypass or attempt to bypass any rate limits, access controls, security mechanisms, or technical limitations of the Services; or
- Use the Services for any purpose other than personal, non-commercial matchmaking.
Reservation of rights. Except as expressly set forth in these Terms, no rights, title, or interest in or to any of our or our licensors’ intellectual property is granted to you. We reserve all rights not expressly granted.
6. User Content and Content License
6.1 Ownership of Your Content
As between you and Rishta Auntie, you retain ownership of all intellectual property rights you have in the Content you post to the Services. You are solely responsible for your Content and for the consequences of posting, sharing, or otherwise making it available through the Services.
6.2 License Grant to Rishta Auntie
Limited operational license. By posting, uploading, or otherwise making Content available through the Services, you grant Rishta Auntie and its Service Providers a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (solely to our Service Providers and successors) license to host, store, cache, reproduce, display, perform, distribute, modify (e.g., resize, reformat, transcode), adapt, and otherwise use your Content solely for the following purposes:
- Operating, providing, maintaining, and securing the Services (e.g., delivering your profile to other Users you are matched with, transmitting chat content and voice or video communications, backing up your Content, and protecting against fraud and abuse);
- Improving, developing, and enhancing the Services, including testing new features and conducting internal quality assurance, in each case without using your Content to train artificial intelligence or machine-learning models;
- Promoting the Services on in-App marketing surfaces (such as in-App banners and tiles that may display your publicly available profile content to other logged-in Users) and on other Rishta Auntie surfaces that serve only Users of the Services;
- Performing content moderation, including detection of policy violations and review by human moderators; and
- Complying with Applicable Law, valid legal process, and the enforcement of these Terms.
External advertising. Rishta Auntie will not use Content that identifies you personally (such as photographs or videos of your face, your real name, or other identifying details) in external advertising of the Services on third-party platforms or media without your separate, written consent. The foregoing does not restrict our right to display aggregated, anonymized, or de-identified statistics and information that does not identify any specific User.
Duration of license. The license you grant under this Section 6.2 remains in effect for as long as your Content remains on the Services. The license terminates with respect to a particular item of Content when you or we delete that Content, except that (i) we may retain backup copies for the periods described in our Privacy Policy and (ii) the license survives termination to the extent necessary to comply with Applicable Law, defend legal claims, address fraud or safety concerns, or enforce these Terms.
6.3 Representations and Warranties Regarding Your Content
By posting Content, you represent and warrant that:
- You own all rights in and to your Content, or you have obtained all necessary rights, licenses, consents, permissions, and clearances from third parties (including any individuals depicted in your Content) to grant the rights described in this Section 6;
- Your Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of privacy or publicity, contractual rights, or any other rights;
- Your Content does not and will not violate any Applicable Law, regulation, or contractual obligation;
- Your Content (including profile photographs) accurately depicts you and is current within a reasonable timeframe; and
- Your Content complies in all respects with these Terms, including the prohibitions in Section 7.
Indemnity. You are solely responsible for, and agree to indemnify Rishta Auntie in accordance with Section 27 for, any breach of the foregoing representations and warranties.
6.4 Removal of Content
We reserve the right (but are not obligated) to review, monitor, moderate, refuse, edit, or remove any Content, at any time and for any reason, in our sole discretion, including Content that we believe violates these Terms, our Community Guidelines, or any Applicable Law, or that may otherwise harm the reputation, safety, or interests of Rishta Auntie or our Users. We may take such action without notice to you.
6.5 Visibility of Content
You acknowledge and agree that information you include in your profile (including your photographs, videos, voice notes, tagline, vibes, prompt answers, religion, denomination, community, family origin, ethnicity, education, occupation, lifestyle indicators, and approximate location) is visible to other Users in accordance with the design of the Services and your in-App privacy settings. Information you share with other Users (such as through chat) is visible to those Users and may be copied, screenshotted, or further shared by them in ways we cannot control. Use good judgment about what you share.
7. User Conduct and Prohibited Activities
In connection with your use of the Services, you agree that you will not (and you will not assist, encourage, or enable any other person to):
7.1 Prohibited Content
Post, upload, transmit, or otherwise make available any Content that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- Is sexually explicit, pornographic, or sexually suggestive, or that contains nudity;
- Sexually exploits, abuses, or endangers a minor in any way, including child sexual abuse material (CSAM);
- Promotes, glorifies, or incites violence, hatred, discrimination, or terrorism, including content that targets any person or group based on caste, religion, denomination, ethnicity, family origin, race, color, ancestry, national origin, sexual orientation, gender, gender identity, disability, age, or any other characteristic;
- Promotes or facilitates self-harm, suicide, or eating disorders;
- Solicits money, financial information, or anything of value from another User, including any form of romance scam, advance-fee scheme, gift-card scheme, or cryptocurrency solicitation;
- Promotes, advertises, or solicits commercial sexual services, prostitution, escort services, sugar-relationship arrangements, or any similar transactional arrangements;
- Promotes, advertises, or solicits illegal activity of any kind, including the sale of illegal weapons, controlled substances, or stolen goods;
- Constitutes “spam,” “spim,” “spamming,” “phishing,” “trolling,” “doxxing,” chain letters, junk mail, unsolicited mass messaging, pyramid schemes, or similar activities;
- Contains or transmits any viruses, malware, ransomware, Trojan horses, worms, time bombs, cancelbots, or other harmful or disruptive computer code;
- Impersonates any person or entity, or misrepresents your identity, age, gender, affiliation, qualifications, or any other personal attribute;
- Contains personal information of any other person without that person’s consent, including financial information, home address, government identification numbers, or photographs or videos of any other person taken without their consent;
- Infringes any third party’s patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right;
- Contains any private or confidential information of any third party that you do not have the right to disclose; or
- Otherwise violates these Terms, our Community Guidelines, or any Applicable Law.
7.2 Prohibited Activities
Engage in any of the following activities in connection with the Services:
- Stalking, harassing, intimidating, threatening, or bullying any other User;
- Coordinating, soliciting, or arranging in-person or virtual meetings with minors;
- Using the Services to send unsolicited communications, promotions, advertising, or marketing of any kind to other Users;
- Using the Services for any commercial purpose, including organizational, business, or networking purposes;
- Using or attempting to use another User’s Account;
- Creating more than one Account, or creating an Account after we have terminated or suspended any prior Account of yours;
- Falsely stating, implying, or suggesting that any statement you make is endorsed by Rishta Auntie;
- Using bots, scrapers, crawlers, automated scripts, unauthorized APIs, or other automated means to access, copy, or interact with the Services;
- Reverse engineering, decompiling, disassembling, or attempting to extract source code from the Services, except to the extent expressly permitted by Applicable Law;
- Interfering with, disrupting, or attempting to gain unauthorized access to the Services, our networks or servers, or the accounts, devices, or networks of other Users;
- Probing, scanning, or testing the vulnerability of any system or network connected to the Services;
- Using proxies, VPNs, IP-spoofing, or other techniques to evade restrictions, geographic limitations, bans, or technical controls;
- Selling, leasing, lending, framing, mirroring, or otherwise commercializing access to the Services or any part thereof;
- Removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained in the Services;
- Engaging in any conduct that, in our sole judgment, restricts or inhibits any other User from using or enjoying the Services, or that may expose us, our Users, or others to liability or harm;
- Engaging in any conduct off the Services that is connected to your use of the Services and that, in our sole judgment, justifies suspension or termination of your Account (such as off-platform harassment of a User you met through the Services); or
- Violating any Applicable Law in connection with your use of the Services.
Enforcement. We may, in our sole discretion, investigate alleged violations of this Section 7, take any action we deem appropriate (including warning, restricting, suspending, or terminating your Account), and cooperate with law enforcement. We reserve the right to take any and all available legal action in response to any violation of these Terms.
8. Interactions with Other Users; No Background Checks
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. RISHTA AUNTIE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX-OFFENDER REGISTRY CHECKS, IDENTITY-DOCUMENT VERIFICATION (BEYOND SELFIE VERIFICATION), OR ANY OTHER FORMAL SCREENING ON USERS.
No background checks. Rishta Auntie does not currently conduct, and is not obligated to conduct, criminal background checks, sex-offender registry checks, identity-document verification (beyond the selfie verification described in Section 10), or any other formal screening of Users. We do not verify the statements, representations, or qualifications of Users, including their criminal history, marital status, employment, education, religion, intentions, or identity. We reserve the right (but have no obligation) to conduct background checks, registry searches, or other screenings at any time using publicly available records.
No representations regarding Users. We make no representations or warranties as to the conduct, identity, intentions, or compatibility of any User. The Rishta Compass and our match-rating algorithm are designed to assist you in identifying potentially compatible Users; they do not guarantee compatibility, success, or any particular outcome.
Your responsibility. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, both on and off the Services. You agree to exercise caution and good judgment when interacting with other Users, including:
- Conducting your own due diligence on Users before agreeing to share personal information, communicate off-platform, or meet in person;
- Consulting publicly available sex-offender registries (such as the U.S. Department of Justice National Sex Offender Public Website at https://www.nsopw.gov for U.S. Users) before meeting any User in person;
- Never sharing your financial information (such as credit card or bank account information), sending money, sending gift cards or cryptocurrency, or making other financial transfers to or with any User;
- Meeting in public places, telling a trusted friend or family member where you will be, and arranging your own transportation when meeting Users in person;
- Promptly reporting any User who engages in suspicious, threatening, abusive, or unlawful behavior using the in-App report function or by contacting support@rishtaauntie.app; and
- Contacting local law enforcement immediately if you believe you are in danger.
Release. By using the Services, you acknowledge that you assume all risks associated with interacting with other Users and you release Rishta Auntie and the Released Parties (as defined in Section 28) from any and all claims, demands, losses, damages, and liabilities arising out of or in connection with such interactions, whether on or off the Services. See Section 28 for the full text of the release.
9. Safety, Moderation, and Reporting
9.1 Reporting
If you encounter Content or behavior that violates these Terms or otherwise concerns you, please:
- Use the in-App report function (available on profiles and chat screens);
- Block the User using the in-App block function; and/or
- Email us at support@rishtaauntie.app.
We review reports and may take action including warnings, content removal, Account suspension, or Account termination. Urgent child-safety reports are prioritized for immediate review.
9.2 Child Sexual Abuse Material
Zero tolerance. Rishta Auntie has zero tolerance for child sexual abuse material (CSAM) or any other content that sexually exploits, abuses, or endangers a child. We report apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) and cooperate with law enforcement in accordance with 18 U.S.C. § 2258A and other Applicable Law. Accounts involved in CSAM, grooming, or other child exploitation are permanently banned and reported.
9.3 Moderation
Rishta Auntie uses a combination of hard-coded automated rules, in-App user reporting tools, blocking features, and trained human moderators on the Rishta Auntie team to review and act on Content and behavior. We do not currently use third-party artificial-intelligence moderation tools or external content-classification APIs.
9.4 Cooperation with Law Enforcement
We cooperate with valid law-enforcement requests and may, in our sole discretion and as permitted by Applicable Law, provide information about Users to law enforcement, government agencies, or other parties in response to valid legal process or where we believe in good faith that such disclosure is necessary to investigate, prevent, or address suspected fraud, safety threats, or unlawful activity.
10. Selfie Verification
As part of the Services, you may be required or invited to participate in our selfie verification feature (“Selfie Verification”). Selfie Verification involves capturing a real-time selfie image or short video that is reviewed by trained human moderators on the Rishta Auntie team to confirm that you are a real human being and that you reasonably match the photographs on your profile.
Consent. By completing Selfie Verification, you provide your express, written consent to our collection, storage, use, and deletion of the selfie image or video for the purposes described in Section 4 of our Privacy Policy. Selfie Verification is performed by human review only; we do not generate, extract, or store mathematical representations of your face (such as faceprints, face geometry templates, or face embeddings).
Refusal or failure. If you refuse to complete Selfie Verification, or if you do not pass Selfie Verification (in our sole discretion), you may not be permitted to use the Services or certain features of the Services.
Withdrawal of consent. You may withdraw your consent at any time by deleting your Account, in which case your selfie image or video will be deleted in accordance with the retention schedule in our Privacy Policy.
11. Premium Subscriptions and In-App Purchases
Freemium model. The Services are free to download and to use for basic functionality. We also offer optional paid features, subscriptions, and other in-App purchases, including a premium subscription known as “Rishta Auntie Premium” and other paid plans we may offer from time to time (collectively, “Paid Services”).
Pricing. The current pricing, billing period, included features, and other terms for each Paid Service are disclosed in the App at the time of purchase. Prices are generally stated in U.S. dollars, may vary by country, and are subject to change. We may offer different pricing or promotional offers to different Users, including based on tenure, geography, or other factors.
App Store and Google Play only. All Paid Services are sold and processed exclusively through Apple’s In-App Purchase system (“Apple IAP”) on iOS or Google Play Billing (“Google Play Billing”) on Android. Your purchase is a transaction between you and Apple or Google (as applicable), governed by their respective terms of service, billing terms, and privacy policies. Rishta Auntie does not collect, process, or store payment-card numbers, bank-account information, or other payment credentials.
Authorization to charge. By purchasing a Paid Service, you authorize Apple or Google (as applicable) to charge the payment method on file with your Apple ID or Google account for the purchase price plus applicable taxes and any other applicable fees, both at the time of purchase and at each automatic renewal (see Section 12).
12. Automatic Renewal and Cancellation
AUTO-RENEWAL NOTICE. Unless you cancel before the end of the current billing period, Rishta Auntie Premium and other subscription Paid Services automatically renew at the then-current price for additional periods of the same length as your original subscription term, charged through your Apple ID or Google account. You can cancel any time through your device’s subscription settings.
12.1 Automatic Renewal
Subscription Paid Services (such as Rishta Auntie Premium) automatically renew at the end of each billing period for an additional period of the same length, at the then-current renewal price, unless you cancel your subscription before the end of the then-current billing period. Apple or Google will charge your payment method on file at the time of each renewal.
Renewal price. Your renewal price will be the then-current price for the relevant subscription tier, which may be higher than the introductory or initial price you paid. We (or the applicable App store) will provide advance notice of any material price increase prior to renewal, where required by Applicable Law.
12.2 How to Cancel
iOS / Apple. To cancel a subscription, open the Settings app on your iOS device, tap your name, tap “Subscriptions,” select Rishta Auntie, and tap “Cancel Subscription.” You must cancel at least 24 hours before the end of the current billing period to avoid being charged for the next billing period.
Android / Google Play. To cancel a subscription, open the Google Play app on your Android device, tap your profile icon, tap “Payments & subscriptions,” tap “Subscriptions,” select Rishta Auntie, and tap “Cancel subscription.” You must cancel at least 24 hours before the end of the current billing period to avoid being charged for the next billing period.
Effect of cancellation. If you cancel, your subscription will continue until the end of the then-current billing period and will not renew. Deleting the App alone does not cancel your subscription; you must cancel through the App store as described above.
12.3 Disclosure for California Residents (Automatic Renewal Law)
In accordance with the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) and similar laws in other states (including New York General Business Law § 527-a):
- Your subscription will automatically renew at the end of each billing period;
- Renewals will be billed at the then-current price stated in the App at the time of purchase, plus applicable taxes;
- You may cancel your subscription at any time through your Apple ID or Google account, as described in Section 12.2, and cancellation will be effective at the end of the then-current billing period;
- We will, where required by Applicable Law, send you a reminder notice prior to renewal of subscriptions of one year or longer, and prior to any material price increase; and
- If your subscription was initiated through Apple IAP or Google Play Billing, refunds (if any) are processed through and at the discretion of Apple or Google in accordance with their refund policies.
13. Free Trials and Promotional Offers
From time to time, we may offer free trials, promotional pricing, discounts, or other promotional offers for Paid Services. Specific terms and conditions for each promotional offer (including duration, eligibility, and price after the promotional period) will be disclosed in the App at the time of the offer.
Conversion to paid. Unless otherwise stated, at the end of any free trial or promotional period, your subscription will automatically convert to a paid subscription and renew at the then-current standard subscription price unless you cancel before the end of the free trial or promotional period.
Eligibility. Promotional offers are limited to new Users or to Users who otherwise meet eligibility criteria specified at the time of the offer, in our sole discretion. We reserve the right to deny or revoke any free trial or promotional offer if we determine, in our sole discretion, that you do not meet the eligibility requirements or are attempting to abuse the offer.
14. Refund Policy
Routing through the App stores. Because all Paid Services are sold through Apple IAP or Google Play Billing, refund requests are processed through and at the discretion of Apple or Google in accordance with their applicable refund policies:
- For Apple IAP purchases: https://support.apple.com/HT204084
- For Google Play Billing purchases: https://support.google.com/googleplay/answer/2479637
Rishta Auntie’s discretion. Where Applicable Law does not require otherwise, Rishta Auntie does not provide refunds directly. However, at our sole discretion, we may consider refund requests for unused portions of a Paid Service on a case-by-case basis. To request consideration, please email support@rishtaauntie.app with your Account email and a brief description of the reason for the request. Approval is not guaranteed.
Statutory rights. Nothing in these Terms limits or waives any non-waivable statutory rights you may have to refunds or other remedies under Applicable Law, including any consumer-protection laws applicable in your jurisdiction (such as cooling-off rights that may apply to certain Canadian purchasers).
Termination by us. Except where required by Applicable Law, you are not entitled to a refund of any unused portion of a Paid Service if your Account is suspended or terminated in accordance with Section 16 as a result of your breach of these Terms.
15. Modifications to the Services
We reserve the right, at any time and in our sole discretion, to:
- Add, remove, change, modify, suspend, or discontinue any feature, functionality, content, or part of the Services, including the matching algorithm, the Rishta Compass, the user-interface design, the categories of profile information collected, and the Paid Services;
- Impose or change limits on certain features (such as the number of messages, matches, likes, or video calls per period);
- Set, change, or remove fees for any new or existing feature or Paid Service; and
- Restrict access to the Services to certain geographic areas, devices, or operating-system versions.
No liability. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part of them. If we permanently discontinue a paid feature you have already purchased, we will, where required by Applicable Law or at our sole discretion, provide a pro-rated refund for the unused portion through the applicable App store.
Third-party dependencies. The Services depend on third-party services (including Apple, Google, AWS, OneSignal, and others). If a third party changes, revokes, or limits its services or APIs, we may need to modify or remove related features without notice and without liability to you.
16. Termination and Suspension
16.1 Termination by You
You may terminate your Account at any time by using the in-App account deletion feature or by emailing support@rishtaauntie.app. Termination of your Account does not automatically cancel any Paid Subscription; you must cancel your subscription through the applicable App store as described in Section 12.
16.2 Termination or Suspension by Us
Sole discretion. We may, at any time and in our sole discretion, with or without notice, with or without cause, and with or without explanation, suspend, restrict, or terminate your Account or your access to the Services, in whole or in part. Without limiting the foregoing, we may take such action if we believe (in our sole discretion) that you have or may have:
- Breached these Terms, our Privacy Policy, our Community Guidelines (if any), or any other agreement with us;
- Engaged in conduct that we consider inappropriate, fraudulent, abusive, harmful, illegal, or otherwise objectionable, whether on or off the Services;
- Provided false, inaccurate, or misleading information at any time;
- Created risk or possible legal exposure for Rishta Auntie, our Users, or any third party;
- Been subject to multiple complaints, blocks, reports, or warnings;
- Been determined to be under 18 years of age;
- Failed to complete or pass Selfie Verification;
- Been convicted of a felony, indictable offense, or sex offense, or be required to register as a sex offender;
- Engaged in commercial use of the Services in violation of these Terms; or
- Made our continued provision of the Services to you commercially impracticable.
No obligation to disclose reason. We are not required to disclose, and may be legally prohibited from disclosing, the reason for any suspension or termination.
16.3 Optional Appeal
If your Account is suspended or terminated and you believe the action was taken in error, you may submit a written appeal to support@rishtaauntie.app within thirty (30) days of suspension or termination. Submission of an appeal is not a guarantee that your Account will be reinstated. Our review of the appeal is in our sole discretion, and our decision is final. The availability of this optional appeal mechanism does not create any contractual right to reinstatement, due process, or any other procedural protection.
16.4 Effect of Termination
Upon termination of your Account:
- Your right to access and use the Services immediately ceases;
- We may delete or anonymize your Content and Account data in accordance with our Privacy Policy;
- You will not be entitled to a refund of any fees previously paid, except as required by Applicable Law or as expressly described in Section 14;
- Any pending Paid Subscriptions will continue to bill until cancelled through the applicable App store; and
- All provisions of these Terms that by their nature should survive termination (including Sections 6.2 (Content License survival), 8, 18, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, and 36) will survive.
16.5 Effect of Multiple Accounts and Evasion
If we terminate your Account, you may not register a new Account or otherwise access or use the Services without our prior written consent. Attempts to evade a termination (for example, by using a different device, phone number, or email address) are a material breach of these Terms.
17. Death of User and Account Non-Transferability
Non-transferability. Your Account is personal to you and is non-transferable. You may not sell, gift, lease, assign, license, or otherwise transfer your Account to any other person, and any attempt to do so is void.
Death. Upon a User’s death, all rights to the Account and to any Content within the Account terminate. We do not provide login credentials, Content, communications, photographs, videos, or other Account information to family members, heirs, executors, administrators, or other representatives of a deceased User, except as required by Applicable Law or valid legal process.
Notice of death and deletion. If a family member, executor, administrator, or other authorized representative provides Rishta Auntie with reasonable proof of a User’s death (such as a certified death certificate), we will, upon request and at our discretion, deactivate the deceased User’s Account and delete the associated personal information from our active production systems, subject to the limited retention exceptions described in our Privacy Policy and Applicable Law. Requests should be sent to support@rishtaauntie.app.
18. Intellectual Property; Rishta Auntie Marks
Ownership. The Services and all content, materials, features, software, code, designs, layouts, graphics, illustrations, photographs (other than User Content), text, audio, video, music, look and feel, organization, compilation, and arrangement (collectively, “Rishta Auntie Content”), and all intellectual property rights therein, are and will remain the exclusive property of Rishta Auntie and our licensors. The Services are protected by copyright, trademark, patent, trade-secret, and other intellectual property laws of the United States and other jurisdictions.
Trademarks. “Rishta Auntie,” the Rishta Auntie logo, the Rishta Compass, and all related names, logos, product and service names, designs, and slogans are trademarks of Rishta Auntie LLC or our affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Restrictions. Except as expressly permitted in these Terms or with our prior written consent, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, or otherwise exploit any of the Rishta Auntie Content. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Services.
19. Copyright Policy and DMCA Procedures
We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, we will respond to clear notices of alleged copyright infringement that comply with the DMCA.
19.1 Notice of Alleged Infringement
If you believe that any material on the Services infringes your copyright, please send a written notice of alleged infringement (a “DMCA Notice”) to our designated copyright agent, including all of the following information required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and sufficient information to permit us to locate the material (including, where applicable, a URL or the User profile or message in which the material appears);
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and email address;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.2 Designated Copyright Agent
DMCA Notices should be sent to our designated copyright agent:
Copyright Agent
Rishta Auntie LLC
329 S. Oyster Bay Rd #1033
Plainview, NY 11803
United States
Email: support@rishtaauntie.app
19.3 Counter-Notice
If you believe that material you posted to the Services has been removed or disabled by mistake or misidentification, you may submit a counter-notice in accordance with 17 U.S.C. § 512(g). A valid counter-notice must include the information required by the DMCA.
19.4 Repeat Infringers
Consistent with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, the Accounts of Users who are deemed to be repeat infringers.
19.5 Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents in a DMCA Notice or counter-notice that material is infringing or was removed by mistake may be liable for damages.
20. Third-Party Services and Platforms
The Services rely on, integrate with, or link to services, products, websites, and APIs provided by third parties, including Apple, Google, Amazon Web Services, OneSignal, TikTok, Meta (Facebook and Instagram), and others (collectively, “Third-Party Services”). We do not control Third-Party Services, and we are not responsible for their availability, content, accuracy, terms, privacy practices, or security.
Your use of any Third-Party Service is at your own risk and is subject to the terms and privacy policy of the Third-Party Service provider. We disclaim all liability arising from your use of any Third-Party Service, including any disputes between you and a Third-Party Service provider. We may modify or terminate any integration with a Third-Party Service at any time without notice.
21. Apple App Store and Google Play Additional Terms
This Section applies to your use of the App downloaded from Apple’s App Store or Google Play.
21.1 Apple App Store
If you accessed or downloaded the App from the Apple App Store, you acknowledge and agree that:
- These Terms are concluded between you and Rishta Auntie only, and not with Apple Inc. (“Apple”). Rishta Auntie, not Apple, is solely responsible for the App and its content.
- Apple has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rishta Auntie.
- Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual-property infringement claims.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Rishta Auntie, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You must comply with any applicable third-party terms of agreement when using the App (e.g., your wireless carrier’s service agreement).
- Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to the App, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21.2 Google Play
If you accessed or downloaded the App from Google Play, you acknowledge and agree that:
- These Terms are concluded between you and Rishta Auntie only, and not with Google LLC (“Google”). Rishta Auntie, not Google, is solely responsible for the App and its content.
- Your use of the App is also subject to the Google Play Terms of Service.
- Google is not responsible for the App or any content therein, and your use of the App is at your own risk.
- Refunds for any Paid Service purchased through Google Play Billing are processed in accordance with Google’s policies.
22. Mobile Notifications, SMS, and Communications
22.1 Push Notifications
If you grant the App permission to send push notifications, we may send you transactional notifications (such as match notifications, chat-message notifications, account-status updates, security alerts, and reminders) and, where you have consented, promotional notifications. You may manage push notifications through your device settings and through your in-App notification preferences.
22.2 SMS Text Messages
Consent. By providing your mobile phone number to Rishta Auntie and opting in to SMS communications, you expressly consent to receive recurring text messages from or on behalf of Rishta Auntie, which may include verification codes, account notifications, safety alerts, match notifications, and — with your express prior consent — marketing and promotional messages. Messages may be sent using an automatic telephone dialing system (“ATDS”) or pre-recorded or artificial voice technology. Your consent to receive SMS messages is not a condition of any purchase.
Frequency, rates, and how to opt out. Message frequency varies based on your activity and preferences. Standard message and data rates may apply; Rishta Auntie is not responsible for carrier charges. To opt out of marketing SMS, reply “STOP” to any marketing message. For help, reply “HELP” to any SMS or contact support@rishtaauntie.app.
TCPA. Our SMS practices are intended to comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the CTIA Messaging Principles and Best Practices, and applicable state laws (including Florida’s Telephone Solicitation Act and Washington’s commercial electronic mail law).
22.3 Email
You may receive transactional and service-related emails (such as account confirmations, password resets, security alerts, and updates to our terms or policies) and, where permitted and not opted out, marketing or promotional emails. You may opt out of marketing emails at any time by clicking the “unsubscribe” link in any marketing email or by emailing support@rishtaauntie.app.
23. Feedback
If you choose to provide us with suggestions, comments, ideas, improvements, requests, or other feedback regarding the Services (collectively, “Feedback”), you hereby grant Rishta Auntie a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works of, display, publish, perform, distribute, and otherwise exploit any Feedback for any purpose, without restriction or compensation to you. You have no obligation to provide Feedback, and we have no obligation to use any Feedback you provide.
24. Privacy Policy
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our
Privacy Policy, available at https://www.rishtaauntie.app, which is incorporated into and forms part of these Terms by reference. By using the Services, you acknowledge that you have read and understood the Privacy Policy.
25. Disclaimers of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
AS-IS / AS-AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. RISHTA AUNTIE, ITS AFFILIATES, AND ITS SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
NO WARRANTIES OF AVAILABILITY OR ACCURACY. WITHOUT LIMITING THE FOREGOING, RISHTA AUNTIE DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR PREFERENCES; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO MATCHMAKING GUARANTEE. RISHTA AUNTIE MAKES NO REPRESENTATION OR WARRANTY THAT YOU WILL FIND A SUITABLE PARTNER, A COMPATIBLE MATCH, OR ANY MATCH AT ALL THROUGH THE SERVICES. ANY MATCH RATINGS, COMPATIBILITY SCORES, OR RECOMMENDATIONS PROVIDED THROUGH THE RISHTA COMPASS OR OUR MATCHING ALGORITHM ARE FOR YOUR INFORMATION ONLY AND DO NOT GUARANTEE COMPATIBILITY, SUCCESS, OR ANY PARTICULAR OUTCOME.
NO PROFESSIONAL ADVICE. ANY ADVICE OR INFORMATION POSTED THROUGH THE SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, MEDICAL, MENTAL HEALTH, RELIGIOUS, OR OTHER ADVICE. IF YOU HAVE A SPECIFIC CONCERN, CONSULT A QUALIFIED PROFESSIONAL.
Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties; to the extent the foregoing exclusions are not permitted under Applicable Law, they will apply to the maximum extent permitted.
26. Limitation of Liability
OUR LIABILITY TO YOU IS STRICTLY LIMITED. PLEASE READ THIS SECTION CAREFULLY.
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RISHTA AUNTIE, ITS AFFILIATES, OR ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “RISHTA AUNTIE PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, OR OPPORTUNITY, EVEN IF A RISHTA AUNTIE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM IS BASED (CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE).
CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE RISHTA AUNTIE PARTIES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO RISHTA AUNTIE THROUGH THE APPLICABLE APP STORE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00 USD).
NO LIABILITY FOR USER CONDUCT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE RISHTA AUNTIE PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM (INCLUDING DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND PROPERTY DAMAGE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY, WHETHER ONLINE OR OFFLINE, INCLUDING WITHOUT LIMITATION COMMUNICATIONS, MEETINGS, INTRODUCTIONS, RELATIONSHIPS, FINANCIAL TRANSACTIONS, OR OTHER INTERACTIONS WITH OR INVOLVING ANY USER YOU MAY HAVE ENCOUNTERED THROUGH THE SERVICES.
ESSENTIAL TERM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 26 ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND RISHTA AUNTIE, THAT THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THAT, ABSENT THESE LIMITATIONS, THE TERMS UPON WHICH RISHTA AUNTIE PROVIDES THE SERVICES WOULD BE SUBSTANTIALLY DIFFERENT.
Jurisdictional limits. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages or certain other damages. To the extent any such limitation or exclusion is not permitted under Applicable Law, the limitations and exclusions in this Section 26 will apply to the maximum extent permitted.
27. Indemnification
Your indemnification obligation. To the fullest extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Rishta Auntie Parties from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, judgments, awards, fines, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with:
- Your access to or use of (or inability to use) the Services;
- Your Content, including any infringement, misappropriation, or violation of any third party’s rights by your Content;
- Your interactions with any other User or any third party, whether online or offline (including in-person meetings, communications, financial transactions, and relationships of any kind);
- Your breach of these Terms, including any of your representations or warranties;
- Your violation of any Applicable Law; and
- Any negligence, willful misconduct, or other wrongful act or omission by you.
Control of defense. We reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in connection therewith. You may not settle any matter without our prior written consent. This Section 27 will survive termination of these Terms.
28. Release of Claims
Release. To the fullest extent permitted by Applicable Law, you hereby release and forever discharge the Rishta Auntie Parties (collectively, the “Released Parties”) from, and waive and relinquish, each and every past, present, and future claim, demand, dispute, action, cause of action, suit, liability, debt, sum of money, damage, judgment, attorneys’ fee, cost, or expense of every kind and nature whatsoever, whether in law or equity, whether known or unknown, suspected or unsuspected, fixed or contingent, anticipated or unanticipated, that you have or may hereafter have against the Released Parties arising out of or in any way connected with any interaction, dispute, controversy, or relationship between you and any other User or third party, whether on or off the Services, including without limitation any communications, meetings, introductions, relationships, financial transactions, or other dealings.
Waiver of California Civil Code Section 1542. If you are a California resident, you expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You expressly waive and relinquish any rights or benefits that you may have under any similar provision in any other jurisdiction.
29. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND RISHTA AUNTIE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND TO WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 31.
29.1 Informal Dispute Resolution
Notice and good-faith negotiation. Before initiating any arbitration or small-claims action, you and Rishta Auntie agree to first attempt to resolve the dispute informally for at least sixty (60) days. To begin the informal dispute-resolution process, you must send a written “Notice of Dispute” to support@rishtaauntie.app and by mail to Rishta Auntie LLC, 329 S. Oyster Bay Rd #1033, Plainview, NY 11803, USA, that includes: (i) your name, postal address, email address, and phone number; (ii) the email address and/or phone number associated with your Account; (iii) a detailed description of the dispute; and (iv) the specific relief sought. Rishta Auntie will send any Notice of Dispute to you at the email address associated with your Account.
Tolling. The statute of limitations and any applicable filing-fee deadlines will be tolled while the parties engage in the informal dispute-resolution process required by this Section 29.1. If the dispute is not resolved within sixty (60) days after delivery of a complete Notice of Dispute, either party may commence arbitration or small-claims court action.
Compliance. Compliance with this Section 29.1 is a condition precedent to filing an arbitration or small-claims action. A court may enjoin the filing or prosecution of any arbitration or small-claims action that does not comply with this Section.
29.2 Agreement to Arbitrate
Except for disputes excluded under Section 29.6, you and Rishta Auntie agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Services, the Privacy Policy, our Cookies Policy, our marketing, your Account, any Paid Service, or your interactions with any User or Rishta Auntie Party (each, a “Dispute”), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
29.3 Arbitration Administrator and Rules
NAM. The arbitration will be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as modified by these Terms and including NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “Mass Filing Rules”) for Mass Filings (defined in Section 30 below). The NAM Rules are available at https://www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the parties will agree on a substitute administrator; if they cannot agree, the court may appoint one.
Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and the parties agree that the FAA preempts any state law to the contrary.
29.4 Arbitration Procedures
- Arbitrator: A single, neutral arbitrator selected in accordance with the NAM Rules will conduct the arbitration.
- Location: The arbitration will be conducted by telephone, video conference, or in writing, unless the arbitrator determines that an in-person hearing is necessary, in which case the hearing will be held in New York County, New York, or another location mutually agreed upon by the parties.
- Language: The arbitration will be conducted in English.
- Authority: The arbitrator has the exclusive authority to resolve any Dispute, including any threshold question of arbitrability, the validity, scope, or enforceability of this arbitration agreement, and the formation of the contract containing the arbitration agreement, except that a court (not the arbitrator) has the exclusive authority to decide questions arising under the Class Action Waiver in Section 29.5 and the Mass Filing Procedures in Section 30.
- Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential except (i) as necessary to enforce or challenge an award, (ii) as required by Applicable Law, or (iii) in connection with seeking court-ordered provisional or interim relief.
- Award: The arbitrator may award any relief that a court of competent jurisdiction could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Any judgment on the arbitration award may be entered in any court of competent jurisdiction.
- Fees and costs: Each party will be responsible for its own attorneys’ fees and costs in arbitration, except (i) as required by NAM Rules; (ii) as required by Applicable Law; (iii) where the arbitrator finds that the substance of a claim or the relief sought was frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)); or (iv) where the arbitrator otherwise awards fees and costs in connection with a successful claim.
29.5 Class Action Waiver
WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDINGS. YOU AND RISHTA AUNTIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND RISHTA AUNTIE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
Severability. If a court or arbitrator decides that any part of this Class Action Waiver is invalid or unenforceable as to a particular claim or particular request for relief, that particular claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and may be brought in court, with all other claims proceeding in arbitration on an individual basis. If, however, this Class Action Waiver is found to be invalid or unenforceable in its entirety, then this entire Section 29 will be null and void (other than the Class Action Waiver and the Mass Filing Procedures, which will continue to apply to the maximum extent permitted), and any Dispute will be brought exclusively in the courts identified in Section 32.
29.6 Exceptions to Arbitration
Notwithstanding Section 29.2, the following Disputes are not subject to arbitration:
- An individual action in small-claims court (provided the action remains in such court, is not removed or appealed to a court of general jurisdiction, and is not consolidated with any other action);
- An action by either party seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidentiality obligations;
- An action by either party to compel arbitration or enforce an arbitration award;
- Any individual claim that cannot lawfully be subject to a pre-dispute arbitration agreement under Applicable Law, including any individual claim that falls within the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASASHA”), 9 U.S.C. §§ 401–402, at the election of the person bringing the claim; and
- Disputes that are not subject to arbitration under Applicable Law.
30. Mass Arbitration Procedures
To preserve the efficiency, fairness, and integrity of arbitration as a forum for individual dispute resolution, and to deter abusive mass-filing practices, the following procedures apply to Mass Filings.
30.1 Definition of Mass Filing
Mass Filing. “Mass Filing” means any circumstance in which (i) twenty-five (25) or more claimants submit demands for or otherwise seek to file individual arbitration proceedings raising substantially similar Disputes against Rishta Auntie; and (ii) the claimants or their counsel are coordinated, represented by the same or coordinated counsel, or otherwise acting in concert. Demands need not be filed at the same time to be part of a Mass Filing.
30.2 Application of Mass Filing Rules
If a Mass Filing is initiated, the parties agree that NAM’s Mass Filing Rules apply. The Mass Filing Rules, among other things, include batching, bellwether processes, fee structures, and case-management procedures designed for high-volume coordinated filings. If NAM determines that demands constitute a Mass Filing, the demands will proceed in accordance with the Mass Filing Rules and the procedures set forth in this Section 30.
30.3 Bellwether and Staging
In a Mass Filing, the parties agree that claims will be resolved in sequential stages, as follows, unless the parties agree otherwise in writing:
- Initial bellwether stage: Up to ten (10) cases (five (5) selected by claimants’ counsel and five (5) selected by Rishta Auntie) will be selected to proceed to arbitration first as bellwether cases. Filing fees for bellwether cases will be paid in accordance with the NAM Rules.
- Stay of remaining cases: All other claims in the Mass Filing will be stayed pending resolution of the bellwether cases. The statute of limitations and any other time-based defenses will be tolled with respect to all stayed claims during this stay.
- Mediation following bellwether: Within sixty (60) days following completion of the bellwether stage, the parties will engage in good-faith mediation of the remaining claims with a mediator mutually selected by the parties. If mediation does not resolve all remaining claims, the parties will proceed with additional bellwether rounds or other mutually agreed procedures.
- No filing fees prior to selection: Notwithstanding any rule of NAM to the contrary, Rishta Auntie shall not be required to pay any case-initiation, case-management, hearing, or arbitrator fees for any claim in a Mass Filing that has not yet been selected to proceed to arbitration in accordance with the bellwether process described above.
30.4 Coordinated Counsel
If claimants in a Mass Filing are represented by coordinated or common counsel, all claimants in that Mass Filing are deemed to have constructive notice of the proceedings, decisions, and rulings in the bellwether cases, and the parties agree that bellwether decisions and rulings will be given preclusive effect with respect to common factual or legal issues to the maximum extent permitted by Applicable Law.
30.5 Severability
If any portion of this Section 30 is found to be unenforceable, then that portion will be severed, and the remaining portions of this Section 30 will continue in full force and effect, except that if the bellwether or staging provisions are found unenforceable in their entirety, Rishta Auntie may elect to require that all Mass Filing claims proceed in a single coordinated court proceeding (rather than in individual arbitrations), in the courts identified in Section 32.
31. Opt-Out of Arbitration
30-day opt-out. You have the right to opt out of the agreement to arbitrate in Section 29 and the Mass Filing Procedures in Section 30 by sending a written opt-out notice to Rishta Auntie within thirty (30) days after the date you first accept these Terms (the “Opt-Out Deadline”). To opt out, you must send a written notice to support@rishtaauntie.app with the subject line “Arbitration Opt-Out” containing: (i) your full name, (ii) your postal address, (iii) the email address and/or phone number associated with your Account, and (iv) a clear and unambiguous statement that you wish to opt out of the arbitration agreement in these Terms.
Effect of opt-out. If you timely opt out of arbitration, you and Rishta Auntie agree that Disputes will be resolved exclusively in the courts identified in Section 32. Opting out of arbitration does not affect any other part of these Terms (including the Class Action Waiver in Section 29.5 and the limitation of liability in Section 26).
No retaliation. Rishta Auntie will not retaliate against you for opting out of arbitration.
32. Governing Law, Forum, and Jurisdiction
Governing law. These Terms, and any Dispute arising out of or related to these Terms or the Services, are governed by and will be construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except that the FAA governs the arbitration agreement in Section 29. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Exclusive forum. Subject to the arbitration agreement in Section 29, you and Rishta Auntie agree that any judicial action arising out of or related to these Terms or the Services (including any action by a party who timely opted out of arbitration pursuant to Section 31, any action to compel arbitration or enforce an arbitration award, any action arising under EFASASHA, and any other action permitted to be brought in court) will be brought exclusively in the state or federal courts located in Nassau County, New York, or, where applicable subject-matter jurisdiction requires, in the U.S. District Court for the Eastern District of New York. You and Rishta Auntie hereby consent to the personal jurisdiction of and exclusive venue in such courts and waive any objection to such jurisdiction or venue, including any objection based on forum non conveniens.
Canadian users. If you are a resident of Canada and Applicable Law gives you the right to enforce non-waivable consumer-protection rights in your province of residence, nothing in these Terms limits those non-waivable rights. Subject to such non-waivable rights, the provisions of this Section 32 will apply.
33. Limitation Period
One-year limitation. To the fullest extent permitted by Applicable Law, you and Rishta Auntie agree that any Dispute arising out of or related to these Terms or the Services must be filed within one (1) year after the cause of action arose. Otherwise, the Dispute is permanently barred. To the extent any portion of this Section is unenforceable under Applicable Law, the limitation period will be the shortest period permitted by Applicable Law.
34. Electronic Communications and Notices
Electronic communications. By using the Services, you consent to receive communications from us in electronic form, including via email, SMS, push notification, in-App message, and posting on the Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw this consent, you must stop using the Services and terminate your Account.
Our notices to you. We may provide notices to you by any reasonable means now known or hereafter developed, including by email (to the email address on file or provided through Sign in with Apple’s private email relay service), SMS (to the phone number on file), push notification, in-App message, posting in the Services, or postal mail. Because we may not have your personal email address on file in all cases (for example, if you signed in with Apple and elected to hide your email), you agree that notices provided through push notifications, in-App messages, or postings in the Services constitute valid notice to you.
Your notices to us. Except where another method is expressly specified in these Terms (such as the Notice of Dispute requirements in Section 29.1, the DMCA notice requirements in Section 19, or the arbitration opt-out requirements in Section 31), notices to us should be sent to support@rishtaauntie.app or by mail to Rishta Auntie LLC, 329 S. Oyster Bay Rd #1033, Plainview, NY 11803, USA.
35. Modifications to These Terms
Right to modify. We may modify these Terms from time to time. When we make changes, we will update the “Effective Date” and “Last Updated” dates at the top of these Terms. The updated Terms will be effective when posted on the Services unless we specify a different effective date.
Material changes. If we make material changes to these Terms (including changes to the arbitration agreement, class action waiver, limitation of liability, or governing law), we will provide you with reasonable advance notice through prominent in-App notice (such as a banner, modal, or push notification) and, where required by Applicable Law, will request your renewed acceptance. We may require you to acknowledge or accept the updated Terms before continuing to use the Services. If you do not agree with the changes, you must stop using the Services and terminate your Account before the changes take effect.
Continued use. Your continued use of the Services after the effective date of any change to these Terms constitutes your acceptance of the updated Terms.
Right to opt out of new arbitration terms. If we modify the arbitration agreement in Section 29 or the Mass Filing Procedures in Section 30 in a manner that materially affects your rights, you may opt out of the modified arbitration provisions by sending a written opt-out notice to support@rishtaauntie.app, with the subject line “Arbitration Opt-Out,” within thirty (30) days after the modified Terms become effective.
36. General Provisions
36.1 Entire Agreement
These Terms, together with the Privacy Policy, the Cookies Policy, the Community Guidelines (if any), and any other policies or terms referenced herein or expressly entered into by you in connection with the Services, constitute the entire agreement between you and Rishta Auntie with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Rishta Auntie.
36.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, it will be severed from these Terms. The remaining provisions of these Terms will continue in full force and effect. Notwithstanding the foregoing, if the Class Action Waiver in Section 29.5 is held unenforceable in its entirety, the entirety of Section 29 (Arbitration) will be null and void as set forth therein.
36.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Rishta Auntie.
36.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is void. We may freely assign or transfer these Terms (and any rights or obligations hereunder) at any time, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties’ permitted successors and assigns.
36.5 Force Majeure
We will not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond our reasonable control, including acts of God; natural disasters; epidemics or pandemics; war, terrorism, riots, civil unrest; governmental orders or actions; embargoes; strikes or labor disputes; internet, telecommunications, or utility failures; failures of third-party services (including Apple, Google, or AWS); cyberattacks; or other similar events.
36.6 Relationship of the Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, fiduciary, or franchise relationship between you and Rishta Auntie. Neither party has any authority to bind the other, and neither party will make any representation purporting to do so.
36.7 No Third-Party Beneficiaries
Except as expressly stated in these Terms (including with respect to Apple, which is a third-party beneficiary of Section 21.1 of these Terms), nothing in these Terms creates any third-party-beneficiary rights in any other person or entity.
36.8 Survival
All provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 6.2 (license survival), 8, 17, 18, 19, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, and 36.
36.9 Headings
Section headings are for convenience only and have no legal or contractual effect.
36.10 Interpretation
The words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation.” These Terms will be interpreted without regard to any presumption or rule requiring construction or interpretation against the drafting party.
36.11 Export Controls
You agree to comply with all U.S. and other applicable export and re-export control laws and regulations. You agree that the Services will not be used in, or transferred to, any country that is subject to U.S. or other applicable sanctions or embargoes, or by any person or entity on any U.S. or other applicable government list of restricted or prohibited parties.
36.12 Government Users
If you are a U.S. federal, state, or local government entity using the Services in your official capacity and you do not have legal authority to accept these Terms, please cease use of the Services.
37. Contact Information
If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:
Rishta Auntie LLC
329 S. Oyster Bay Rd #1033
Plainview, NY 11803
United States
Email: support@rishtaauntie.app
Web: https://www.rishtaauntie.app/contact
— End of Terms of Use —
