Terms & Conditions — Swipe Up

Welcome to Swipe Up (hereinafter referred to as “Swipe Up”, “we”, “us”, or “our”).

The below mentioned terms and conditions (the “T&C”) along with the Privacy Policy (“PP”) and the Community Guidelines (“CG”) (T&C, PP and GC shall, hereinafter, collectively be referred to as the “Agreement”) are a legally binding Agreement between you (the “User”) and Swipe Up.

T&C state the grounds on which the User can use and/ or register for our various products and/or services (together “Services”) vide various platforms such as our website, mobile app, Swipe Up’s as well as any third-party social media platforms (the “Platform(s)”). The Agreement will be revised from time to time at our sole discretion and the most updated version will always be available on our website specifying the date of last revision. Continued use by the User of our Services after any revision indicates the User’s acceptance of the updated Agreement.

Your use, registration or participation in any manner with our Platforms and/or Services, you shall be considered as a User who has accepted and consented to be bound by and to be compliant with the terms and conditions of the Agreement for as long as you continue to access the Platforms and use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT USE OR REGISTER WITH THE PLATFORMS OR THE SERVICES.

1. Nature of the Platform and Services

Swipe Up is a digital platform designed to help users discover love, friendship, companionship, and emotional support.
We operate as a “Data Fiduciary” under the Digital Personal Data Protection Act 2023 and Rules made there under (DPDPA) and an “intermediary” under the Information Technology Act, 2000 and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (together the “IT Act”).
Our Services are currently intended for Users within India. Our privacy policies, practices and procedures are limited to the provisions of the DPDPA, IT Act and/or other applicable statutory or regulatory requirements under the Indian laws. By registering/creating an account with us, you explicitly agree to forego other rights that you may have in connection with the Services under any other laws and regulations of countries other than of India.
We do not provide medical, psychiatric, psychological, or therapeutic services.
The AI Healing Companion provides empathetic conversation only — not professional mental health advice, diagnosis, or treatment.
Users are solely responsible for their decisions, interactions, and communications on or off our Platforms.

2. Eligibility to Access our Platforms and use our Services

By registering and/or using our Platforms / Services the User represents and warrants that the User:

Is an individual of age 18 years or more.
Shall provide true, accurate, current, and complete information about the User.
Is not prohibited from using online platforms under any applicable law or court order.
Will not use the Service for any harmful, illegal, or fraudulent purpose.
Is not married or is divorced. If the User is not legally divorced, then the Services will not be available for the User till the divorce is legally achieved.
Has never been convicted under any law governing us or the User.

3. Background Verification

We reserve the right to conduct a background check by us or by a third-party service provider to confirm possibility of misrepresentation by the User. By agreeing to the Agreement, the User consents to and authorises us to do such background verification. The User will be appropriately notified and requested to provide the required document(s) and the User hereby agree to provide the necessary Consent Forms for initiating and completing the Verification process if requested so.
User agrees and confirms that non-abidance of background verification requests made by us will render the access to the platform and usage of our Services shall be terminable at the instance of Swipe Up without any recourse, whatsoever. Swipe Up is authorised and justified in taking any action necessary on such refusal by the User.
User understands, acknowledges and agrees that we or our third party expert service provider and their associates are not the author or creator of the information resulting from the above mentioned verification checks. Under this premise and limitations, we or our third party expert service provider or their associates do not warrant accuracy, validity or completeness of the results of the verification checks. Swipe Up, expressly disclaims that the verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
Swipe Up may suspend or terminate the User account(s) and/or access to our Platforms of the User(s) believed to be underage, fake, or violating any terms of the Agreement.

4. Sensitive Data Consent

By using Swipe Up, you explicitly consent to the collection and processing of your personal and sensitive data, including:

Profile information (name, age, photos, gender, preferences etc.).
Emotional state (if voluntarily shared).
Location (if enabled).

This data is processed only to operate the Platform, improve matches, ensure safety, and comply with legal requirements under DPDPA, IT Act and other applicable laws and regulations. You may withdraw your consent anytime by deleting your account.

5. User Content and Conduct

i. You agree not to post on the Platforms, transmit/share to other Users, communicate any content (or links thereto), or otherwise engage in any activity on the Platforms or promote contents/activity through the Services, which are:

Discriminatory, racial, bigoted, hateful, resulting in physical harm of any kind against any group or individual;
Contents which are defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
Intention to or tend to harass, annoy, threaten or intimidate any other Users of the Platforms and/or Services;
Video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
Disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
Copyrighted music, movies, videos, photographs, images, software, etc. without prior approval of the copyright owner;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Illegal or unlawful, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, circumvent copy-protect devices etc;
Intended to defraud, swindle or deceive other users of the Services;
Promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
Off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Platform;
Impersonating, or otherwise misrepresenting affiliation, connection or association with any person or entity;
Solicits gambling or engages in any gambling or similar activity;
Uses anything like bots, automation tools or scraping tools or any other automated technology to access the Platforms or Services;
Uses the Platforms or Services for chain letter, junk mail or spam e-mails;
Collects or solicits personal information about anyone under 18 years of age; or
In any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

ii. You agree and undertake:

Not to advertise or solicit any other User through the Platforms or Services to buy or sell any other products or services;
Not to transmit any chain letters, junk or spam e-mail to other Users;
Not to use any or all information obtained from our Platforms or through our Services to contact, advertise to, solicit, or sell to any user without the prior explicit consent from us. Breach of this clause by you will cause substantial harm to Swipe Up and that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, the User shall be liable and agrees to pay Swipe Up a minimum of INR 10,00,000 for each such unsolicited communication.

iii. As a User of the Service, you hereby agree and undertake to create only one bona fide profile and that the usage of our Platforms are for only for bona fide purposes of our Services for which they are intended to be used in order to maintain the integrity of the Services being offered through our Platforms.

iv. The User is prohibited from harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing all or any part of the Services. We may take any appropriate legal action or seek remedies available to us if we deem it necessary against a User found to be harassing, annoying, intimidating or threatening any of our employees or agents.

6. Safety, Reporting & Blocking

i. To promote User safety:

You may block or report Users for inappropriate behaviour, harassment, scams, impersonation, or safety concerns.
Swipe Up may investigate reports and take enforcement actions (warnings, restrictions, bans).
Unless otherwise warranted, Swipe Up does not conduct criminal background checks and cannot guarantee user identity.
You are responsible for verifying people you interact with.

If you experience threats, stalking, or harm, we recommend you to intimate us (if you believe the stalker is a fellow Swipe Up User or is connected to a Swipe Up User in any manner) as well as contact local law enforcement authorities immediately.

ii. We may provide the User an option to connect your account in our Platform to any of your account on third party social networking sites (such as Facebook, Twitter etc.) for the purpose of logging in, uploading information or enabling certain features in our Platforms. However, we do not owe any responsibility for privacy practices of such websites which are not owned, controlled or managed by us. The User shall be solely responsible for sharing, handling, storing, possessing and/or any other use of information with such third-party websites and will not be liable in any manner for any misuse of your data/information by such third party websites.

7. Real-World Meetings

If you choose to meet someone offline:

You do so at your own risk.
Swipe Up is not responsible for any incidents, harm, loss, or outcomes related to offline meetings.
Use caution, meet in public places, and inform a trusted person.

Swipe Up does not guarantee the intentions, safety, or behaviour of any user.

8. User Content & License

You retain the ownership of content you post (photos, text, bio, messages). By posting the content, you grant Swipe Up a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, store, display, host, reproduce, modify, publish, and distribute your content solely for operating, improving, and promoting the Service.
You represent and warrant that:
- You own the content you post or have the rights or required licenses to do so.
- Your content does not violate any law or third-party rights.

We may remove any content that violates the above terms.

9. Privacy & Security

Your data is handled as per our Privacy Policy and other applicable Indian laws.
We do not sell or misuse your personal information.
You are responsible for keeping your login credentials secure and reporting unauthorized access, if any occurs, immediately on such occurrence.
You may delete your account anytime by requesting so in writing via email to Asifayoob@swipeupapp.com.
We may retain certain data as required by law (e.g., fraud prevention, legal claims).

10. AI & Emotional Support Features

We may provide certain features/Services using artificial intelligence technology-based tools such as the AI Healing Companion which is intended to provide general emotional comfort and empathetic responses. However:

It is not meant to replace professional therapy or emergency support.
May occasionally generate incorrect or inappropriate content.

You hereby acknowledge the above facts and agree not rely on it for important decisions and shall not depend on such tools in case you are facing emotional distress or crisis and shall seek help from licensed professionals or helplines like AASRA, iCall etc. We shall not be liable in any manner to anyone whomsoever for any harm, damage, loss etc., that may arise to you due to solely depending on our AI tools and not seeking out for professional help timely by you in such situations.

11. Communications & Notifications

By using Swipe Up, you agree to receive from us:

OTPs
Security alerts
Updates
Notifications
Service messages
Important announcements

You may disable non-essential notifications in device settings at your discretion. You understand, acknowledge and agree that you may miss out certain important information, alerts, messages etc., and shall not held us responsible for you missing out such information, alerts, messages etc due to such disabled devise settings.

12. Service Availability

Our Services are on an “as is” and “as available” basis. You understand, acknowledge and agree that we do not guarantee:

Uninterrupted or error-free Service.
Accurate matching suggestions.
Perfect algorithm behaviour.
Availability during maintenance or technical issues.

13. Limitation of Liability

In no event will Swipe Up be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation through the Platforms, the conduct of User or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other Users of the Services and/or the Platforms and/or as a result of using the Services. This includes any claims, losses or damages arising from the conduct of the Users who have registered under false pretences or who attempt to defraud or harm other Users or failed marriages or divorce out of the weddings caused under the Use of the Services.
In no event will Swipe Up be liable for any incidental, special, consequential or indirect damages arising out of or relating to:
- The use or inability to use the Services;
- Result of using the Services including, without limitation, damages for recommendation of the Platforms, failed marriage connected through our Platforms;
- Outcome of verification checks, if any;
- Loss or corruption of data or programs;
- Service interruptions and procurement of substitute Services, etc.

14. Indemnification

The User agrees to indemnify, defend and hold harmless Swipe Up, its affiliates, subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim from:

The User’s use of or inability to use the Platforms or Services;
Postings made by the User;
The User’s violation of any terms of the Agreement or the User’s violation of any rights of a third-party;
The User’s violation of any applicable laws, rules or regulations;
Any false information provided by the User to Swipe Up and/or conspiring and abetting with any third party for seemingly substantiating such false information to appear as true.

Swipe Up reserves the right to assume the exclusive defence and control of any matter at its own cost, otherwise subject to indemnification by the User, the User will co-operate fully in asserting any available defences in such case.

15. Intellectual Property Rights

All and any intellectual property rights with respect to designs, software, features, branding, logos, and content (excluding user content) accessible and/or available to the Users in and/or through our various Platforms and Services are owned by Swipe Up.
The User undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any copyrighted or copyrightable material, trademarks, or other proprietary and confidential information owned by us which are accessible through the Platforms and/or the Services, without the prior written consent from us.
The User further undertakes to not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any copyrighted or copyrightable material, trademarks, or other proprietary and confidential information owned by other Users and/or third-parties which are accessible to the User through the Platforms and/or the Services, without the prior written consent of the respective intellectual property owner.
By posting information or content to any profile pages or public area of our Platforms, or making it accessible to Swipe Up by linking the User account with Swipe Up to any social network accounts like Facebook, Twitter etc; the User grants us unconditional, irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

16. Term and Termination

Term: The T&C and the Agreement become effective immediately upon the User creating a user account with us shall remain in full force and effect unless terminated hereunder.
Termination:
- Either the User or Swipe Up may terminate the User account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party.
- Swipe Up reserves the right to immediately suspend or terminate the User’s access to any of the Services and/or the Platforms, without notice, for any reason or no reason.
- Swipe Up also reserve the right to remove the User’s account information or data from our Platforms and/or Services and any other records at any time at our sole discretion.
Effect of Termination:
- We do not use the User’s information once the Agreement is terminated or the Services are not being used. However, some information/ data about the User may remain archived with us. In the event the User account is terminated or access is denied or suspended due to the breach of the Agreement or any other reason, the User agrees that fees paid to us will be nonrefundable and all outstanding or pending payments will immediately shall become due and payable.
- Termination shall not affect any liabilities incurred by the User prior to the termination or for acts performed while registered with us which may result in a dispute post termination nor any provision expressed to survive or to be effective on termination shall expire. The obligations set out herein shall remain in full force and effect notwithstanding termination.

17. Miscellaneous

Agency: This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the User and Swipe Up or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of Swipe Up.
Assignments: Swipe Up may assign, in whole or in part, the benefits or obligations of this Agreement to its associates, affiliates, or any other third party, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. Swipe Up shall not require approval or consent of the User for such assignment. We may, at our discretion provide an intimation of such assignment to the User.
Force Majeure: Swipe Up shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure, ie., events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of Swipe Up, Payment Gateways or any other channel partners which are not in the control of Swipe Up.
Governing Law, Settlement of Disputes and Jurisdiction: This Agreement shall in all respects be governed by and construed in accordance with the laws of India, without giving effect to any conflict of law rules. The courts at Cochin, Kerala shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Survival of Provisions: (Content implied as standard clause).
Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder to Swipe Up shall be sent to theswipeapp@gmail.com, and if to the User it shall be to the address registered with us.
Right to Seek Injunction: The User accepts and acknowledges that the breach of any or all terms of this Agreement may cause Swipe Up irreparable harm, and thus confirms and accepts that Swipe Up will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that we may have under any law and tort.