Introduction

Thank you for using Tangibl. These Terms of Service ("Terms"/”ToS”) define and govern the relationship between Tangibl(“Us”/“We”/”App”/Company”)and you as a user (“User”/”You”) of Tangibl’s products and services, including our iOS and Android apps and our website (“Products”/”Platform”). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy-Policy

1. Definitions

You may use our Products only if you can form a binding contract with Tangibl (A Product by YNWA Technologies Private Limited) and only in compliance with these Terms and all applicable laws. Tangibl’s products are meant to be used by people above the age of 18 or the age of legal consent in your country (whichever is higher)
You can listen to sessions and do some activities on the app without signing up for Tangibl. This limited access is at the discretion of Tangibl and can be changed without notice. Even to use the product without signing up, you agree to our Terms like any other user must; all provisions of our Terms and our Privacy Policy apply to you the same as they do to any other user.
To use the product fully, you will need to open a Tangibl account. If you open a Tangibl account, you must provide us with accurate and complete information to allow us to create, verify, and maintain your account.. Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. If you are using the Products on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Some of our Products may consist of software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades. By providing your email address, you agree that we may communicate with you via emails or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Tangibl account information to ensure that your messages are not sent to the wrong person.

2. Your Content

On Tangibl, Our intent is to help you practice with others around the world in a safe anonymous environment. All conversations are audio only and happen in real time. Your conversations are recorded by default and are live for anyone on the platform to listen to. This is done with the intent of others being able to learn from your conversations. These recorded conversations (sessions) can be shared and liked by you as well as other users. Anything you say, post, or make available in our Products is referred to as “User Content.” Our Privacy Policy describes how we handle the information you provide to us when you use our Products.

A. Your rights and responsibilities

Tangibl is a place for people to talk, tell stories, develop ideas, deepen friendships, and meet interesting new people worldwide. As part of this community, you must follow our Community Guidelines when you use our Products. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure. If you think that someone has gained unauthorized access to your account, please advise us immediately. You retain all ownership rights in the User Content you contribute to Tangibl. But you also give us legal permission to use that content, as explained in the next section.

B. How Tangibl and others can use your content

You grant Tangibl and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide license to use, store, display, reproduce, save, modify, create derivative works, publicly perform, and distribute your User Content for the purposes of using, operating, developing, providing, promoting, and improving our Products in any media formats or channels. Nothing in these Terms restricts other legal rights Tangibl or its users may have to User Content, for example under other licenses, express or implied. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or other policies.
You grant Tangibl, its users, and its business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, publicly perform, and publicly display your Public Content in any form and in any media. When you create Public Content or speak in live sessions you also grant Tangibl, its users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, and voice, for commercial and non-commercial purposes
You represent and warrant to us that the User Content you contribute to Tangibl is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to Tangibl and to grant us all of the rights that you grant to us under these Terms.
We have no obligation to edit or control User Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms, our Community Guidelines, or other policies.

C. Recordings on Tangibl

Tangibl records conversations in all sessions so we can investigate any complaints regarding violations of our Community Guidelines or our Terms of Service, or otherwise illegal or illicit activity. This is part of our commitment to you under these Terms of Service to provide the safest possible space for your conversations and to combat illegal and harmful conduct and content. If we receive a complaint while the room is live, we will review the recording to determine whether a violation has occurred. We will retain the recording as long as reasonably necessary to investigate the potential violation. By speaking in a room or anywhere else in our Products, you acknowledge that Tangibl and its users may record your voice and other User Content, and may use the recording in any manner consistent with our Privacy Policy.

Playbacks

We record conversations in debates/GDs/roleplays and make them available to other users by default. These are visible on the listen tab in the playback section. If you don’t want to be recorded, you can leave the session at any time.

Claps

Users may also record portions of conversations when a room creator enables the “Claps” feature. When Claps are enabled, anyone in the room is able to generate a small recording that contains the last 60 seconds of audio from the sessions (live or playback), and a graphic depicting the room title and speakers. Claps are visible to everyone on the “Moments” section in the apps. Claps are meant for everyone to mark important moments in conversations and appreciate if someone says something nice and noteworthy.

Disabling optional recording features.

As of now, all sessions are recorded and claps are also visible to everyone.

D. Feedback you provide

We always love to hear from our users, but you are not required to provide us with feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.

3. Personalization

Our Aim is to give you a great learning and practicing environment. We'll use your selected interests and your activity on our product to recommend you topics, conversations and other content that would be useful to you.

4. Trust and Safety

We record conversations in all rooms so that we can investigate any complaints regarding violations of our Community Guidelines or our Terms of Service or otherwise illegal or illicit activity, as explained in Section 3.C above. We also use automated systems, whenever necessary with human intervention, to scan the names of rooms to identify potential violations

We try hard to make sure Tangibl is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, including our Community Guidelines and any other policies Tangibl makes available in order to maintain the safety of our Products. We reserve the right to remove any content from our Products for any reason, or to limit its availability. We likewise reserve the right to terminate or suspend your account, or limit its availability, for any reason.

5. Third-Party Links And Services

Our Products may contain links to third-party websites, services, special offers or other events or activities that are not owned or controlled by Tangibl. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service or content from our Products, you do so at your own risk and you agree that Tangibl will have no liability arising from your use of or access to any third-party website, service or content.

6. Modification And Termination Of The Products

We’re improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
Tangibl may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. Tangibl may also limit your use of specific features in our Products with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. You can terminate these Terms at any time and for any reason by deleting your Tangibl account. If you violate any provision of these Terms or our Community Guidelines, your authorization to access our Products terminates automatically
Regardless of who terminates these Terms, both you and Tangibl continue to be bound by Sections 3, and 10-14 of the Terms notwithstanding termination.

7. Indemnity

You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless Tangibl and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), relating to (a) your access to or use of our Products, (b) your User Content, (c) any dispute between you and any third party, or (d) your breach of any of these Terms. Tangibl may assume the exclusive control and defense of any matter for which you have a duty to indemnify Tangibl and, if we do, you agree to cooperate with our defense of those claims.

8. Disclaimers

Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

Tangibl SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Tangibl takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Tangibl does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

9. Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tangibl WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
EXCEPT AS PROVIDED IN SECTION 13, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Tangibl’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Governing Law and Jurisdiction

The Agreement shall be subject to the jurisdiction of the courts in Bengaluru India.'If the laws in your country require agreements with consumers to be governed by the local laws, then Section 11 does not apply to you.

11. Other Articles

Changes and Notifications

We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions. We may require you to accept the revised version of these Terms in order to continue to use our Products. If you do not agree to the new Terms, please stop using our Products. Except as described in this paragraph, these Terms can only be amended by a written agreement signed by you and Tangibl.

Assignment

These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Tangibl without restriction. Any attempted transfer or assignment in violation of the above will be null and void.

Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any amendments and additional agreements you may enter into with Tangibl in connection with our Products, constitute the entire agreement between you and Tangibl concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect

No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Tangibl’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision

Parties

This is a contract between you and YNWA Technologies Private Limited (doing business as “Tangibl”) in this agreement
These Terms are effective as of February 4, 2023.