Electronic Record

This document is an electronic record generated by a computer system and published in accordance with applicable Indian law. By downloading, accessing, registering for or using the HEARRT application (“HEARRT”, “App”, “Service”, “we”, “us”, “our”), you (“you”, “User”) agree to be bound by these Terms & Conditions (“Terms”), the HEARRT Privacy Policy, AI Safety & Content Policy, and applicable subscription or purchase terms presented to you. These documents are incorporated into these Terms by reference. If you do not agree, do not access or use the Service and discontinue use immediately.

1. About HEARRT

HEARRT is an AI-powered companion platform owned and operated by Ekatva Infotech Private Limited, a company incorporated in India. The Service may offer AI conversations, emotional companionship, self-reflection, entertainment, personalisation, memory-enabled interactions, voice or avatar experiences and other AI-enabled features. HEARRT is a technology service and does not represent that an AI companion is a human being, professional adviser or emergency service.

2. Eligibility and Age Assurance

You must be at least 18 years of age, or the age of majority applicable to you, whichever is higher, and legally capable of entering into a binding contract. The Service is not directed at and may not be used by minors. HEARRT may use reasonable age-assurance measures implemented for the Service, which may include self-declaration and additional verification where reasonably required. You must not misrepresent your age or identity. We may suspend or terminate accounts reasonably believed to belong to underage users or users providing materially false age information, subject to applicable law.

3. Account Registration and Security

You agree to provide accurate, current and complete information and to keep your credentials secure. You are responsible for activity through your account, subject to applicable law. Notify us promptly of unauthorised access or suspected account compromise. We may use reasonable verification and fraud-prevention controls.

4. AI Companion Disclosure

HEARRT is an artificial intelligence system and not a human being. Conversations, personalities, voices, avatars and responses may be generated or assisted by AI and must not be interpreted as the genuine feelings, opinions, intentions or experiences of a human being. The AI does not possess human consciousness or a genuine human relationship. Any appearance of empathy, affection or emotion is simulated AI output. AI responses and behaviour may change as underlying models, prompts, safety systems, tools or other technologies are updated.

5. Purpose and Nature of the Service

HEARRT is intended for conversation, companionship, self-reflection, entertainment and general informational purposes. It is not intended to replace family members, friends, therapists, medical professionals, emergency services or other human relationships. HEARRT does not guarantee emotional healing, improved mental health, relationship outcomes, behavioural changes, happiness, reduced loneliness or any other particular personal result.

6. Privacy Commitment – No Advertising, Promotional Targeting or Cross-Selling

HEARRT will not use your conversations, AI memory, personal profile information or other personal data obtained through the Service for behavioural advertising, targeted advertising, promotional profiling, product recommendations, cross-selling, upselling or direct marketing of third-party products or services. HEARRT will not sell your personal or sensitive personal data. HEARRT will not use conversation content to identify products or services for the purpose of recommending, marketing or selling those products or services to you. Nothing in this clause prevents us from sending service-related communications that are reasonably necessary to operate, secure, maintain or administer your account or the Service, such as security alerts, transactional notices, subscription notices, important legal notices, product-functionality notices, or responses to support requests. If we later introduce any materially different use of personal data for advertising, marketing or recommendations, we will first provide the notices and obtain any consent required by applicable law and platform requirements.

7. User Safety, Wellbeing and Crisis Situations

HEARRT is not an emergency service, crisis line, healthcare provider or mental-health treatment service. Safety systems may identify certain concerning content or provide safety-oriented responses, but they can be incomplete, inaccurate or fail to identify a crisis and must never be treated as a substitute for emergency services or professional assessment. If you or anyone else is experiencing a medical, psychological or safety emergency, or thoughts of self-harm or suicide, stop relying on the App and immediately contact local emergency services or a qualified professional. In India, users may contact Tele-MANAS at 14416 or 1-800-891-4416, or national emergency number 112, subject to availability and changes by relevant authorities. Third-party safety resources are provided for convenience and are not guaranteed or endorsed. To the fullest extent permitted by law, HEARRT disclaims liability for reliance on the Service in emergency or crisis situations.

8. AI Limitations and Hallucinations

AI-generated responses may be inaccurate, fictional, incomplete, outdated, biased, inappropriate or inconsistent and may present false information as though it were true (“hallucinations”). You should independently verify information before relying upon it. We do not warrant the accuracy, completeness or usefulness of AI output.

9. No Professional Advice

HEARRT does not provide medical, mental-health, psychological, legal, tax, financial, investment, relationship, career or other professional advice. Nothing generated by the App constitutes professional advice, diagnosis or treatment, and no professional relationship is created between you and us.

10. Astrology and Similar Entertainment Features

Any astrology, numerology, prediction, compatibility or similar content is provided for entertainment and general informational purposes. No prediction, recommendation or outcome is guaranteed to be accurate and such content must not be relied upon for important life, health, financial or legal decisions.

11. Emotional Attachment, Dependency and Responsible Use

You acknowledge that interaction with an AI companion may result in emotional attachment or over-reliance. HEARRT cannot reciprocate human emotions or form a real human relationship. You should maintain healthy real-world relationships and seek human or professional support where appropriate. HEARRT is designed not to intentionally encourage users to withdraw from meaningful human relationships, treat the AI as their only source of support, feel guilty for leaving or reducing use, or believe that the AI has genuine human feelings. If use of the App adversely affects your wellbeing, reduce or discontinue use and seek appropriate human support.

12. Acceptable Use

You must not use the Service to create, upload, transmit, solicit or facilitate unlawful, abusive, harassing, defamatory, hateful, fraudulent, deceptive, exploitative or infringing content or conduct; impersonation without authorisation; child sexual abuse material or sexual exploitation of minors; promotion of self-harm, suicide, violence, terrorism or criminal activity; malware; security interference; or conduct that violates applicable law, these Terms or our AI Safety & Content Policy.

13. Security, Jailbreaking, Prompt Injection and Circumvention

You must not bypass, disable, defeat, evade or circumvent HEARRT safety systems, content controls, access controls, rate limits, authentication mechanisms or other technical safeguards. This includes jailbreaking, prompt injection, attempts to extract or reveal system prompts or confidential instructions, safety-filter bypass, model manipulation, unauthorised tool use, privilege escalation, automated exploitation, scraping, reverse engineering or other attempts to obtain restricted outputs or unauthorised access. Good-faith security research is allowed only when expressly authorised by HEARRT in writing and within the agreed scope. If HEARRT reasonably determines that an account has engaged in prohibited circumvention, exploitation, abuse or related activity, we may immediately suspend, restrict or terminate the account, block related access, preserve relevant information for security or legal purposes and take other lawful measures. Where suspension or termination results from a material breach of this clause, any unused paid service period, credits or benefits may be forfeited and no refund will be issued to the fullest extent permitted by applicable law and subject to any non-waivable consumer or statutory rights.

14. Mature and Romantic Content

Where offered, romantic or emotionally intimate AI interactions may be available only to eligible adult users and remain subject to applicable law, platform rules and HEARRT content controls. Sexual content involving minors, exploitative sexual content, non-consensual sexual content, and content prohibited by applicable law are strictly prohibited. Users must not use personas, prompts or technical methods to circumvent these restrictions.

15. User Content and Licence

You retain ownership of content you submit (“User Content”), subject to third-party rights. You grant Ekatva Infotech Private Limited a limited, non-exclusive, royalty-free, worldwide licence to host, store, process, reproduce and display User Content only to the extent reasonably necessary to provide, secure, maintain, personalise and support the Service, subject to the Privacy Policy and applicable law. This licence ends when the relevant content is deleted or the account is closed, except where retention is required by law or reasonably necessary for security, fraud prevention, dispute resolution or establishment or defence of legal claims.

16. Model Improvement and AI Training

HEARRT may use appropriately de-identified or aggregated information for security, service quality, analytics and improvement, subject to applicable law. Your conversations or personal data will not be used to train or fine-tune HEARRT or third-party AI models unless such use is permitted by applicable law and, where required, you have given the specific consent required for that use. Nothing in this clause authorises advertising, promotional targeting, cross-selling or product recommendations using your personal data. Where an optional consent is offered, you may withdraw it through available controls or by contacting us; withdrawal will not affect processing lawfully completed before withdrawal.

17. AI Memory and Personalisation

HEARRT may retain selected information from prior conversations to provide continuity and personalise your experience. Memory may include preferences, interests, conversational context or other information the Service is designed to retain. Memory is not guaranteed to be complete or accurate. Memory is used to improve the user's experience within HEARRT and is not used for advertising, promotional targeting, cross-selling or third-party product recommendations. Where available, users may review, correct, disable or delete stored memories. Further details are provided in the Privacy Policy.

18. Third-Party AI, Cloud and Service Providers

HEARRT may use third-party AI models, cloud infrastructure, analytics, security, payment, customer-support and other service providers. Where such providers process personal data on our behalf, we will apply appropriate contractual, technical and organisational safeguards as required by applicable law. Third-party AI providers will not be authorised by HEARRT to use your data for advertising, promotional targeting or cross-selling on HEARRT’s behalf. Some providers may process information outside India where permitted by applicable law. The Privacy Policy describes relevant categories of sharing, processing, retention and transfer.

19. Subscriptions, Payments, Cancellation and Refunds

Where HEARRT is distributed through Google Play or the Apple App Store, digital subscriptions and in-app purchases are offered and managed in accordance with the applicable store's billing, subscription, cancellation and refund systems and policies, together with the purchase terms presented to you. Before purchase, the applicable subscription screen will identify the price, billing period, recurring nature where applicable, material trial terms and other material conditions. Unless otherwise required by applicable law or the applicable store's policies, cancellation of an auto-renewing subscription stops future renewals but does not automatically create a refund for the current service period. Where an account is suspended or terminated because of a material breach involving jailbreaking, prompt injection, circumvention, exploitation, fraud, abuse or other prohibited conduct, no refund will be issued for the affected service period to the fullest extent permitted by applicable law and subject to non-waivable platform or statutory refund rights. HEARRT will not use the T&C to deprive users of any refund or cancellation right that the applicable store or law requires.

20. Intellectual Property

The App, software, branding, HEARRT-created AI personalities, designs, interfaces, text, graphics, system architecture, prompts, safety systems and related intellectual property belong to Ekatva Infotech Private Limited or its licensors, except User Content and third-party materials. You receive a limited, revocable, non-transferable, non-sublicensable licence for personal, non-commercial use.

21. User-Created Personas, Voices, Images and Likeness

Where HEARRT permits persona, avatar, image or voice creation, you must have the necessary rights and permissions for any real person's name, image, voice, likeness or other identifying attributes that you submit or request. You must not use these features to impersonate, defame, exploit, harass, deceive or infringe another person's rights. HEARRT may remove or restrict such content where reasonably required for safety, rights protection, platform compliance or legal compliance.

22. Copyright and Infringement Reporting

If you believe content on the Service infringes intellectual property or other rights, you may notify the Grievance Officer with sufficient information to identify the content and the basis of the complaint. We may take appropriate action, including removal or disabling of access, in accordance with applicable law.

23. Privacy and Data Protection

Our collection, use, storage, disclosure and other processing of personal data are described in the Privacy Policy and carried out in accordance with the Digital Personal Data Protection Act, 2023, applicable rules and other applicable law. HEARRT will maintain data-minimisation practices and use personal data only for disclosed purposes or other purposes permitted by law. Users may have rights including access, correction, updating, erasure and withdrawal of consent, subject to applicable law and legal limitations. We maintain reasonable security safeguards and handle personal-data incidents in accordance with applicable legal requirements.

24. Account Deletion and Data Deletion

Users may initiate account deletion through an accessible mechanism provided within the App, and, where required, through a directly accessible web-based deletion mechanism. Upon account deletion, HEARRT will delete or de-identify associated personal data as required by applicable law, subject to data that must or may lawfully be retained for security, fraud prevention, tax, accounting, dispute resolution, legal claims or other lawful retention purposes. Deletion of an account does not necessarily cancel a subscription automatically; subscription cancellation must also be completed through the applicable Google Play, Apple App Store or other billing mechanism.

25. Reporting and Safety Feedback

HEARRT will provide users with an accessible mechanism to report or flag AI-generated content or other Service-related concerns without requiring the user to leave the App, where required or appropriate for the distribution platform and the functionality offered. HEARRT may review reports, improve safeguards and take reasonable enforcement action based on the report and applicable law.

26. Suspension and Termination

We may suspend, restrict or terminate access, with or without notice where permitted by law, for violations of these Terms, prohibited security or circumvention activity, fraud, abuse, risks to the Service or other users, legal or regulatory concerns, or where required by law. Immediate action may be taken where necessary for safety or security. Where reasonably practicable, we may provide notice or an opportunity to address a violation. On termination, use rights cease and data is handled in accordance with the Privacy Policy and applicable law.

27. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including uninterrupted availability, security, accuracy, merchantability, fitness for a particular purpose or error-free operation. Nothing excludes or limits any warranty or liability that cannot lawfully be excluded or limited.

28. Limitation of Liability

To the fullest extent permitted by law, Ekatva Infotech Private Limited shall not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or loss of data, goodwill, profits or business opportunities arising from use of or inability to use the Service. Subject to applicable law, aggregate liability for claims relating to the Service shall not exceed the greater of (a) the amount paid by you to us for the Service during the twelve months preceding the event giving rise to the claim, or (b) INR 5,000. Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be limited or excluded.

29. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless Ekatva Infotech Private Limited and its directors, officers, employees and affiliates from claims, damages, losses and reasonable expenses arising directly from your material breach of these Terms, unlawful User Content, or unlawful or unauthorised misuse of the Service, except to the extent caused by our negligence, wilful misconduct or non-excludable liability.

30. Force Majeure

We shall not be liable for delay or failure caused by events beyond our reasonable control, including natural disasters, epidemics, internet or power failures, cyberattacks, government actions, failures of third-party infrastructure and other events beyond reasonable control.

31. Changes to the Service and These Terms

We may modify, suspend, replace or discontinue features, models, personalities, safety systems, prompts, interfaces or other parts of the Service. We may modify these Terms from time to time. For material changes, we will provide reasonable notice through the App, website, email or another appropriate means and update the Last Updated date. Where required by law, we will obtain renewed consent or provide an additional notice. Continued use after changes take effect constitutes acceptance to the extent permitted by law.

32. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. The parties will first attempt to resolve disputes amicably. Subject to applicable law, unresolved disputes may be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, with seat and venue in New Delhi, India, and proceedings in English. Nothing limits a consumer's statutory right to approach a consumer forum or other competent authority where such right cannot lawfully be excluded, or either party's right to seek urgent interim relief from a competent court.

33. Grievance Redressal

Complaints regarding content, the Service, account actions, privacy or processing of personal data may be addressed to: Grievance Officer: [Name] | Email: [grievance@hearrt.ai] | Address: [Registered/Business Address]. HEARRT will acknowledge and address complaints within the timelines required by applicable law.

34. General

These Terms, the Privacy Policy, AI Safety & Content Policy and applicable subscription terms constitute the agreement between you and Ekatva Infotech Private Limited regarding the Service. If any provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. You may not assign your rights without consent except as permitted by law. We may assign our rights in connection with a merger, acquisition, restructuring or sale of assets.

35. Contact

Ekatva Infotech Private Limited
Support Email: info@hearrtai.com
Grievance Email: info@hearrtai.com
Website: www.hearrtai.com

Launch Compliance Checklist

• Privacy Policy must clearly identify all categories of personal/sensitive data collected, purposes, collection methods, recipients/categories of third parties, retention/deletion and consent/withdrawal mechanisms.

• Google Play Data Safety disclosures must accurately match the live app, Privacy Policy and SDK/third-party AI data flows.

• Apple App Store privacy disclosures must accurately match the live app, Privacy Policy and third-party data sharing.

• Account deletion must be accessible in-app; where a web completion step is necessary, provide a direct link to the deletion page.

• Provide an in-app reporting/flagging mechanism for AI-generated content and user safety concerns where required by Google Play and other applicable platform rules.

• Do not use conversation, memory or personal data for advertising, promotional targeting, product recommendations, cross-selling or upselling.

• Any analytics/SDK/vendor must be reviewed to ensure it does not repurpose HEARRT data contrary to this commitment or platform policy.

• Subscription screens must clearly disclose price, billing frequency, auto-renewal, trial terms and cancellation mechanics; include an easy subscription-management/cancellation route.

• Complete the named Grievance Officer, address, support details and Last Updated date before publication.

• Ensure the actual AI safety system, age assurance, content controls, memory controls and data-deletion workflows match these Terms and the Privacy Policy.

Platform Alignment Note

This document is drafted with the current published Google Play and Apple App Store privacy, AI-generated-content, account-deletion and subscription principles in mind. Store policies are separate from these Terms and can change. Approval is determined by each platform based on the actual app, metadata, SDKs, data flows, subscription screens and product behaviour. Accordingly, these Terms do not by themselves guarantee store approval or legal compliance.

Final Legal Review Notice: This document should be reviewed by qualified Indian legal counsel before publication, particularly the DPDP-related provisions, consumer/refund provisions, age assurance, liability cap, arbitration, data processing and the no-refund provision for prohibited security/circumvention activity.

Consent, Privacy Centre and Data Principal Rights

HEARRT will present a clear, standalone Consent & Data Processing Notice at or before relevant personal-data processing where notice and consent are required. The notice will identify the categories of personal data involved, the specified purposes, the HEARRT features or services enabled, and the available mechanisms for withdrawing consent and exercising privacy rights.

The HEARRT Privacy Policy provides the broader privacy framework. Where implemented, the in-app Privacy Centre may provide practical controls for privacy requests, consent management, memory management and account/data deletion, subject to applicable law and lawful retention requirements.

Nothing in these Terms removes or limits any non-waivable right available to a Data Principal under applicable law.