Last updated: 19th February 2024
The following Terms of Use ("Terms") regulate how you use our mobile application and all of its versions (the "App"), together known as the "Platform" that Hittok Pvt. Ltd. ("HPL", "Company", "we", "us" and "our"), a private company registered under Indian law, with its registered office at Hittok Private Limited, 1st Floor Sayar Regency 1060 Panchasayar Road Garia Kolkata: 700094 West Bengal. The pronouns "your" and "you" allude to the Platform user.
The Indian Penal Code, 1860, and the Information Technology Act, 2000, together with all modifications made to them and the regulations established under them, comply with our services (which we have thoroughly explained below) and these Terms. These Terms are accepted and agreed to when you use our platform. Please be aware, nevertheless, that we do not claim to comply with the laws of any nation other than India. Please be sure you are allowed to utilize our services in your jurisdiction before doing so.
When using our Platform, there are specific guidelines that you must abide by. These guidelines are enumerated in this text. Kindly take time to carefully read these Terms and any other hyperlinks referenced here. Please be aware that you accept these Terms by using our Platform. Additionally, if you are utilizing these services outside of India, kindly abide by the rules in your area.
Our platform is dynamic and subject to quick changes. As a result, we have the right to alter the services we offer at any time. We have the right to temporarily or permanently discontinue offering you any features or Services at all.
Without prior warning, we have the right to add or delete features from our platform and services. But we will make sure to get your permission if we make any changes that need it. Kindly ensure that you periodically check this website to be informed about our most recent updates and advancements.
Check this page for updates on any alterations or additions to the services we may offer from time to time.
We consent to offering our services to you. All of the Platform's features, applications, services, technologies, and software that we make available to you are included in the Services. The following elements comprise the Services (the Services):
Users may upload, post, and otherwise make content available through our platform, including but not limited to images, user videos, sound recordings, and the musical works contained therein. Videos may also include ambient noise and locally saved sound recordings from your music library ("User Content").
You maintain whatever ownership rights you may have had in User Content before publishing it on the Platform. You do, however, permit us to use that content.
Additionally, you provide other users permission to share and communicate such User Content solely for personal, restricted, and non-commercial purposes.
Any content posted by users will not be regarded as confidential. You agree not to upload any User Content on or through the Services, provide us any User Content that you believe to be private or proprietary, or that would violate any relevant laws.
You must not post sound recordings to the Services unless you have all necessary authorizations or clearances from the owner of any part of the content, or if you are the sole owner of the rights to the sound recording but not the underlying musical works contained in it.
You give us permission to host, store, use, display, reproduce, alter, adapt, edit, publish, and distribute any User Content in the globe in a royalty-free, sublicensable, transferable manner. The restricted use of this license is for the operation, development, provision, promotion, and enhancement of the Services, as well as for the investigation and creation of new ones. Additionally, you grant us the perpetual right to use any form of User Content, in any format or distribution technique (now known or hereafter invented), for any purpose, including the creation of derivative works, promotion, exhibition, broadcasting, syndicating, public performance, and public display.
You also give us the unlimited, global, perpetual right and license to use your name, likeness, and voice in connection with commercial or sponsored content, to the extent that it is necessary, whether you appear in, create, upload, post, or email User Content. This implies, among other things, that if we utilize your data for marketing, advertising, or service improvement, you will not be entitled to any remuneration.
We may access, review, screen, and remove your content at any time and for any reason, including to develop and provide the Services, if we believe your content violates these Terms, or for reasons required by applicable laws, however, we are not obligated to do so. However, the content you produce, upload, publish, send, or save using the Service is still solely your responsibility.
You also understand and consent to the possibility that your use of the Services may result in income generation, goodwill building, or other increases in our value. Examples of such opportunities include the sale of advertising, sponsorships, promotions, and usage data. Unless otherwise agreed to in writing with us in these Terms or in another agreement you enter into with us, you will not be entitled to any portion of any income, goodwill, or value that may arise from your use of the Services.
You also agree that you have no right to any income or other consideration from any content you publish on the Platform or from your use of any audiovisual clips, sound recordings, or musical works that we make available to you on or through the Services, including in any User Content that you create. This is except what is expressly allowed by us in these Terms or in any other agreement you may enter into with us.
You must notify your performing rights organization of the royalty-free license you grant us in your User Content through these Terms if you are the creator or composer of a musical piece and you are a member of such an organization. It is entirely your responsibility to make sure you comply with the reporting requirements set forth by the applicable performing rights organization. If you have given a music publisher your rights, you must have that music publisher's permission to provide the royalty-free license(s) described in these Terms in your User Content, or you must have that music publisher sign these Terms with us.
The mere fact that you wrote a song or other musical work does not authorize you to grant us the licenses specified in these Terms. If you are a recording artist who has a record label contract, you are solely responsible for making sure that your use of the Services complies with any obligations you may have to your label, including if you use the Services to make any new recordings that your label might want to claim.
To improve our service and enhance the well-being of our community, we analyze the data we have and work with outside parties on research projects.
With our platform, you can share photos, videos, music, status updates, and more with your friends in your favorite local language and keep in touch with them. We personalize your newsfeed to display posts, images, videos, and recommendations for content that is available on our platform ("Service/Services") based on our understanding of your chosen content.
Only those who can enter into a legally binding contract with us and who can use our services may do so. You represent and warrant that you can bind a company or other legal person to these terms if you are accepting them on their behalf. In this case, the terms "you" and "your" will relate to the company.
Please ensure that you are allowed to use our services under the law.
All you have to do to utilize our service is launch the mobile application on your phone and select the regional language in which you like to enjoy the services.
You can sign up using your phone number or with the help of other services like Facebook, Google, Apple, or Apple ID. Periodically, we might include more services from outside parties to make registration possible. You can also use a one-time password that we will send to your phone number via SMS to confirm who you are.
Additionally, you are free to take stuff from our platform and share your experiences on social media.
To provide Services to you, we need to access certain features of your mobile device.
All of the "Hittok Creators," or our partner creators, on the platform, may be easily recognized by a black border around their profile image, as opposed to the usual white border. With these "Hittok Select Creators," we might enter into marketing agreements or content licensing agreements.
Publishers of pertinent news and current events are required by law to give the Ministry of Information and Broadcasting access to user account information on the Platform.
Our goal is to create a welcoming and cheerful community and give every user fantastic social experiences. To accomplish this, we require your consent that:
You will not access the Services or get the personal data of other users through the use of any robot, spider, crawler, scraper, or other automated method or interface.
Our procedures for gathering, using, processing, sharing, and storing information are described in our privacy policy. The Privacy Policy also describes your legal rights and your options for managing the data you give us.
We have described how we store and use this information in the Privacy Policy.
As stated under the Privacy Policy, we may also use third-party embeds and services on the Platform. The usage of such API services and embeds are covered by the policies of such third-party services. By using such embed or API services, you agree to be bound by the third party's terms of service as provided here.
Everyone must play a part in ensuring that the varied community receives a safe and secure service. We ask that you agree to a few things in exchange for our promise to supply our services. Please be aware that you alone are responsible for paying for any acts you take on the Platform, including breaking these Terms, as well as for fulfilling the obligations you state below. The following is what you accept and recognize when using our services:
To utilize our services, you will not pose as someone else or as the agent of someone else.
If you give us false information, we may suspend or disable your account or take other appropriate action.
We've taken steps to guarantee the security of our platform. Our Platform may not be impervious to virus and hacker attacks, nevertheless. You will make sure that your PC and mobile device are protected by the necessary antivirus and anti-malware software.
Remember that even while we take every precaution to ensure your safety when using our services, we are unable to foresee every potential assault on our platform. It is best practice to make sure that neither your computer nor your mobile device is misused or tampered with in any manner.
Our Content and Community Guidelines apply to how you use our platform. We reserve the right to delete your content from our platform if any of our users complain that it violates these content community guidelines. We have the right to cancel your account and prevent you from registering with us if repeated reports of violations of the Community Guidelines and Content are received. You can send an email to support@hittok.in to contest any such removal.
We may remove any content that is shared on our Platform if such content is prohibited under our Content and Community Guidelines.
Our platform is made to support a wide variety of content in addition to multiple languages and cultural backgrounds. As a result, we have created several tags to categorize the content.
As a result, you need to accurately categorize the content you post and apply the relevant tags.
However, you are not permitted to use our Platform to share any content that is offensive, pornographic, dangerous for children, discriminatory, spreading hate speech, encouraging violence or hatred towards any individual, breaking any Indian laws, or prohibited from sharing by any Indian laws. Such content may be removed at our discretion. For further information, please read the Community Guidelines and Content.
In addition to the aforementioned, kindly be aware that we might disclose your information to the relevant law enforcement authorities if we firmly believe that doing so would be necessary to abide by any legal requirements or government requests; to safeguard our customers' or the public's rights or prevent harm to our property or safety; or to detect, prevent, or otherwise handle issues related to fraud, security, or technology. You acknowledge, however, that we disclaim any liability for anything that a third party or other user does to you while using our Platform.
We have developed a platform for people to engage in amazing social experiences; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.
You are welcome to share videos on our platform since we firmly support the right to freedom of expression. You retain all ownership rights to the content you provide with us; we do not claim any ownership over it. You promise not to violate or infringe upon the intellectual property rights of us or any third party by using our platform. The Platform may remove such content as it violates the Community and Content Guidelines. Furthermore, we will always retain ownership of the intellectual property rights associated with any content we generate, even if you utilize it.
Content shared, posted, or uploaded through our services grants us (as well as our Group and Affiliates) a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to host, use, distribute, run, copy, display, translate, or create derivative works of your content (as long as it complies with your privacy and application settings) for marketing, promoting you and the services, providing, upgrading, or improving the services, or displaying your content on any service that we or You can always remove your material and/or account. Your User Content will be removed from other similar variations as a result of this. However, if your work has been shared with others, it can still be visible on the Platform. Furthermore, should you decide to recover your account, we may keep your User Content and other data for a brief amount of time. Read the Hittok Privacy Policy to find out more about how we use information and how to manage or remove your material.
The content you publish on our Platform is still entirely your responsibility. We disapprove of all content uploaded or placed on or through our Platform, and we take no responsibility for it or any negative effects that may arise from it. The appearance of our trademark or emblem on any material you submit does not imply that we have approved or sponsored it. Furthermore, we disclaim all liability and responsibility for the results of any transactions you enter into or make with other platform users or platform advertisers.
You will always be accountable and have control over the material you share. We will never assert that we own intellectual property rights to the material you publish and post on our platform, but we will have a free, perpetual licence to do so.
According to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Information Technology Act, 2000, we are intermediaries. In compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of the Terms of Use, Privacy Policy, and rules and regulations for accessing and using our Platform, these Terms are published. Our involvement is restricted to giving people a place to publish, share, and view content that they have either developed or shared themselves or with other users.
We have no influence over what you or other users may or may not do on the Platform, and as a result, we accept no liability for the results of your actions (whether they occur online or offline). Even if you use our Services to access third-party features and services, we are not liable for them. Our liability for everything that occurs on our platform is confined to that which is absolutely governed by Indian law. You acknowledge and agree that even if we are aware of the possibility, we shall not be liable for any consequential, special, indirect, exemplary, punitive, or incidental damages that arise to you or any other person in connection with these Terms. We further disclaim liability for any loss of profits, revenues, information, or data. This covers the event that we remove your content, information, or account.
We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the Content and Community Guidelines.
We have created a platform that is run by the community. As a result, you consent to refrain from using our technological delivery system, Services, or non-public portions of our Platform. You promise not to employ any bots, trojans, viruses, or other harmful software, nor will you scrape our platform to obtain user data. Furthermore, you agree not to investigate, scan, or test any system, security, or authentication mechanism that we have put in place for vulnerabilities. We will delete your user profile and prevent you from using our services if you alter or attempt to alter our technological architecture or design. We might also take legal action against you after reporting such behaviour to the proper law enforcement agencies.
You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and may report your actions to the police and/or relevant legal authorities.
You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are
Even though our platform is functional and open to the public, we must make money in order to continue providing our services to you at no cost. In order to display sponsored content or adverts to you, we may share any information we may gather about you, including but not limited to your username, profile images, and usage and interaction patterns on our platform. If you do, however, buy any of the products that were advertised to you, we will not be responsible for paying you a revenue share. We neither recommend nor attest to the legitimacy of any items. Users on our Platform who only promote products do not imply our support of them.
If we share any sensitive personal information (as defined under the applicable laws) we will ask you for your consent before sharing the same.
Our platform and services are always being updated. You might need to download and occasionally update the mobile application to your device in order to use our platform.
Applications and software are constantly updated for your use and you will need to install the latest version of the mobile application to your mobile device each time such update is generated.
For the purpose of gathering and storing data on your use of the Services and third-party websites, we might make use of cookies, pixel tags, web beacons, mobile device IDs, flash cookies, and other comparable files or technologies.
We reserve the right to keep certain records on how you use the Platform. For more details about how we gather, use, store, and handle your information, please see the Privacy Policy.
You grant us the right to process, store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.
We include a function in the Platform that lets you stream live footage of yourself on the Platform ("Livestream"). Your whole upload utilising the Livestream feature is subject to the "Community Guidelines" and these Terms of Use, as well as the Content and Community Guidelines. We maintain the right to instantly delete or stop any livestream and/or take any other pertinent action.
If you've been the target of any such removal, termination, or suspension action, you can challenge the action by writing to support@hittok.in or using the in-app appeals procedure found on the 'Violations' page (under the Help & Support tab on the Platform). For more reference, kindly consult the Community Guidelines and other policies found in Policies. On the livestream you broadcast, you can interact with your followers and other users by leaving comments.
We have the right to occasionally add, remove, or modify the Livestream feature's functionality. Our platform's livestream function is always changing, thus we reserve the right to add, remove, or change any of its current features. We don't offer any guarantees that:
You must not, however, abuse this function by using it to upload content that violates the Community and Content Guidelines. Additionally, we urge you to post content on the Livestream only that you are authorised to share and that does not violate anybody else's copyright or other intellectual property rights. Live streaming or uploading content that includes copyrighted music and might violate the intellectual property rights of third parties is prohibited by our content and community guidelines.
To maintain safety and security on the Platform, we may disable comments for Livestreams hosted by users who are underage.
The following should be followed without exception if you are sponsoring or promoting any content on the livestream, in addition to our community guidelines and any applicable laws: you should not make any false, misleading, or incorrect statements in relation to the content on the livestream; you should not promote any harmful or illegal goods and/or services; and you should notify users about any sponsored or promoted content through the Application (by selecting the "Paid Promotion" option available on the Livestream).
To learn about your legal responsibilities for any sponsored content, please contact your advertiser and consult the ASCI Guidelines for Influencer Advertising in Digital Media.
In your capacity as a responsible user, kindly report, flag, or comment on any livestream that you come across that might be breaking the terms of use, the community guidelines, or any applicable laws. Everyone using the Platform will have a safer and better experience thanks to the implementation of these changes. You can report an abusive or offensive comment on the livestream or the livestream itself by using the in-app reporting feature. Such infractions can also be reported by email to support@hittok.in.
For the duration of twenty-one (21) days, we shall briefly record and retain your livestream in order to comply with applicable rules and regulations and conduct incident investigations. If there are no reports on the Livestream after the twenty-one (21) day period, we may remove these recordings. To assist with legal authorities and law enforcement methods, we might nevertheless keep the same for a longer amount of time.
These Terms offer you exclusive rights and duties, which you may not transfer to any other party without our permission. We may, however, transfer to another party our rights and duties under these Terms. This might occur, for instance, if we merge with another business to form a new one. b. How Will We Handle Disputes:
In all cases, you agree that disputes will be subject to the laws of India and the courts of Bangalore shall have exclusive jurisdiction over all such disputes.
We remain dedicated to protecting our users' privacy and safety, which is why we collaborate with law enforcement to ensure their protection. If a user is unhappy with their experience on the Platform, they can get in touch with our Grievance Officer directly. We have established a strong Grievance Redressal Mechanism to assist in resolving any issues or grievances you may have with the Platform.
In addition, you can get in touch with the Grievance Officer if you have any questions or complaints about any of the following policies: A. Conditions of Use B. The policy on privacy C. Concerns regarding your account
To handle your worries about data security, privacy, and platform usage, we have a Grievance Officer. Within 15 (fifteen) days of receiving your concerns, we will address them. We have established a way for you to contact us and for us to respond to your issues.You may contact the Grievance Officer at any of the following:
Mr. Imamul Hoque
Address: Hittok Pvt Ltd
1st Floor Sayar Regency
1060 Panchasayar Garia
Kolkata: 700094 West Bengal
Email: support@hittok.in
Note - Kindly send all user related grievances to the above mentioned email ID, in order for us to process and resolve the same in an expeditious manner
Nodal Contact Person - Mr.Imamul Hoque
Email: support@hittok.in
Note - This email is solely for use by police and investigating agencies. This is not the correct email ID for user related issues. For all user related grievances, kindly contact us at support@hittok.in
We disclaim all responsibility for any loss or harm resulting from information that is inaccurate or incomplete, or from a violation of warranty or guarantee brought on by the conduct of any Platform user.
With the exception of written notice to the contrary, the Platform and Services are offered "as is" and "as available" without any express or implied representations or warranties. The uninterrupted, timely, secure, or error-free provision of the Services or the Platform, its continued compatibility with any device, or the correction of any faults are not warranties that we provide.
We shall not be liable in any way for any special, incidental, punitive, direct, indirect, or consequential damages resulting from another user's breach of the Terms, or from the use of or reliance on any of the Services or the Platform, nor shall any of our affiliates, successors, assigns, and each of their respective investors, directors, officers, employees, agents, and service providers be.
If any of the aforementioned exclusions is found to be invalid for any reason and we, or any of our affiliated companies, officers, directors, or employees, are held accountable for any loss or damage, our liability will be restricted to the amount paid to us for the use of the Platform or the Services in the month prior to the claim date.
This commitment will endure after the termination of our Terms.
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
The Hittok has been granted the rights and obligations outlined in the terms and conditions of earlier iterations of this app that were supplied by other app providers.