1. Eligibility and User Representations

2. Nature of the Platform and Role of DTPL

• Aggregator and Marketplace Role: You explicitly acknowledge and agree that the Circle by CRED App operates strictly as a digital marketplace and technological aggregator platform. The experts available on the platform, known as 'Circle Residents' or 'Residents,' are independent third-party professionals and service providers. They are not employees, agents, partners, joint ventures, or representatives of DTPL or its affiliates.
• Aggregation Only: Circle by CRED App is only offering the service of making the Circle Residents available for live sessions with the users. Once the session is initiated, the actual consultation service will be provided by these Circle Residents directly to the user. DTPL is strictly the aggregator, facilitating the technological connection, and is not liable for the consultation services provided by the Resident.
• No Endorsement or Warranty: While DTPL may implement certain onboarding criteria or categorization for Circle Residents, DTPL does not vet, validate, endorse, guarantee, or warrant the professional qualifications, credentials, expertise, advice, statements, opinions, or solutions provided by any Circle Resident.
• No Professional Liability: Any consultation session, information, or suggestion received by You from a Circle Resident whether within the categories of health and wellness, money coaching, career coaching, or any other domain is strictly a transaction directly between You and the respective Circle Resident. DTPL is not a party to, nor does it control, influence, or monitor the substance of these consultations.
• No Guarantee of Availability: You explicitly acknowledge and agree that DTPL has onboarded certain Circle Residents who may make themselves available for live consultations on the Circle by CRED App at various times strictly as per their own convenience, schedule, and absolute discretion. DTPL does not guarantee that a particular Circle Resident will be available at any particular time, nor does it guarantee that any residents at all will be available at any given time.

3. Consultation Sessions, Billing, File Sharing and Communications

• Session Formats: The Circle by CRED App enables live, real-time consultation sessions through communication modes such as text chat, voice chat, and video chat. DTPL reserves the right to add or remove session formats from time to time at its sole discretion, and does not guarantee that a particular communication format will be available at any given time or for any particular Circle Resident.
• Pricing: Every Circle Resident's profile will explicitly display their specific consultation cost per minute (the 'Session Fee'). The Session Fee may change from time to time and is inclusive or exclusive of applicable taxes as indicated on the checkout or payment screen.
• Billing Calculation: A consultation session officially commences the moment the live connection (text, voice, or video) is established between You and the Circle Resident. Billing is calculated continuously on a per-minute basis. For the purpose of billing, any fractional minute utilized during a session shall be rounded down to the nearest full minute.
• Invoicing: After the completion of each session, You will receive an invoice detailing the exact amount deducted from Your Circle Wallet. This invoice will be available for download on the Circle by CRED App itself.
• Expert's Right to Terminate: In general, the Circle Resident has the absolute right to terminate the consultation session at any point in time, for any reason, at their sole discretion.
• Sharing of Files: As a part of the session, You may choose to provide or upload certain files (including but not limited to documents, images, PDFs, reports, or financial summaries) to the expert. You hereby agree, acknowledge, and consent that these files will be delivered directly to the expert. You represent that you have all necessary rights to share such files and that they do not contain malware, malicious code, or violate any third-party intellectual property or privacy rights.
• Communication: By using the Circle by CRED App, You agree and acknowledge that DTPL shall contact You via email, WhatsApp, SMS or any other means in relation to the Services on the Platform.

4. Circle Wallet Operations and Financial Terms

• Closed-Loop Instrument: DTPL provides a proprietary, closed-loop prepaid payment wallet within the app, designated as the 'Circle Wallet,' and does not require any authorisation under Payment and Settlement Systems Act, 2008.
• Funding and Strictly No Refunds: You may load monetary funds into your Circle Wallet using permissible Indian payment methods (such as UPI, credit cards, debit cards, or net banking via the primary CRED App ecosystem). Once You have loaded funds into the Circle Wallet, there shall be absolutely no refunds of any user-loaded balance. The loaded funds are strictly non-transferable, non-refundable, and cannot be withdrawn, cashed out, or transferred back to your bank account, credit card, or any other external payment method. The balance can exclusively be used to pay Session Fees to Circle Residents on the Circle by CRED App.
• Promotional Balance: DTPL may, from time to time, credit your Circle Wallet with a non-monetary 'Promotional Balance' as part of marketing campaigns, loyalty rewards, or promotional offers. This promotional balance is subject to independent, variable expiry dates (which will be dynamically displayed within the app) and may be subject to specific usage conditions, caps, or category restrictions as determined by DTPL.
• Consumption Order of Funds: When deducting fees for a consultation session, the platform will apply the following strict order of consumption of all funds in Your Circle Wallet: First Priority: Promotional credits/Promotional Balance will be utilized first. Second Priority: User-loaded credits/balances will be utilized only after all active promotional credits have been fully exhausted.
• Validity of User-Loaded Balance: Any monetary balance manually loaded into the Circle Wallet by You shall be subject to a validity period of one (1) year (365 days) from the exact date of the successful loading transaction. Upon the expiration of this one-year period, any unused user-loaded balance shall automatically lapse and be forfeited by DTPL, without any liability for refund to You.

5. Prohibited Content, Conduct, and Safety Policy

6. Disclaimers and Specific Category Disclaimers

• 'As-Is' and 'As-Available' Services: The Circle by CRED App, its features, and the aggregator service are provided on an 'as-is' and 'as-available' basis. DTPL makes no representations or warranties of any kind, express or implied, as to the operation of the app, its software, or the information, content, or materials included therein.
• No Warranty of Error-Free Operation: To the maximum extent permitted by law, DTPL disclaims all warranties, express or implied. DTPL does not warrant that the Circle by CRED App, its servers, its communication infrastructure (for text, voice, or video), or the files sent through the platform are free of errors, bugs, interruptions, delays, computer viruses, or other harmful components.
• Aggregator Connection Disclaimer: DTPL is only connecting the User to the Resident. DTPL explicitly disclaims any and all liability for the consultation services, advice, outcomes, reports, diagnoses, or opinions provided by any Resident. DTPL shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your interactions with, or reliance on, any Circle Resident.
• Health and Wellness Category Disclaimer: Consultations within the Health and Wellness category are strictly informational and educational. They do not constitute the practice of medicine, psychiatric care, nursing, or professional healthcare services, nor do they create a doctor-patient relationship. The platform must not be used for medical emergencies.
• Money Coaching Category Disclaimer: Consultations within the Money Coach category are intended for general financial literacy and financial planning guidance. They do not constitute formal investment advice under SEBI regulations, legal advice, or tax advice. DTPL does not guarantee any specific financial returns, portfolio performance, or outcomes.

7. Limitation of Liability and Indemnification

• Limitation of Liability: To the maximum extent permitted by applicable Indian law, DTPL, its directors, employees, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, personal injury, or property damage arising out of or in connection with Your use of the Circle by CRED App or reliance on any Circle Resident. In no event shall DTPL's total aggregate liability to You exceed the total Session Fees paid by You to DTPL in the thirty (30) days immediately preceding the event giving rise to the claim.
• Indemnity: You agree to defend, indemnify, and hold harmless DTPL, its parent company Dreamplug Technologies Private Limited, and its officers from and against any claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising out of your violation of these Terms of Use, your misuse of the platform, your uploaded files, or your infringement of any third-party rights.

8. Variation of Terms, Suspension, and Restriction of Access

• Variation of Terms of Use: DTPL reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Use at any time. Any changes will be posted on the app, and your continued use of the platform after such updates constitutes your acceptance of the revised Terms.
• Suspension due to Misuse: If any user is using the platform in a disingenuous manner, attempting to game the promotional system, circumventing the platform, or violating these Terms of Use in any way, DTPL reserves the right to temporarily or permanently prohibit the user from accessing the platform.
• Resident Complaints: DTPL further reserves the right to restrict or terminate Your access to the platform if we receive complaints or negative feedback about your behavior from any Circle Resident.

9. Governing Law, Dispute Resolution, and Jurisdiction

• Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of India.
• Dispute Resolution (Arbitration): Any dispute, controversy, or claim arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, interpretation, performance, or termination, shall be referred to and finally resolved by binding arbitration. The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. Failing mutual agreement on the appointment of the sole arbitrator within thirty (30) days from the date of a written notice initiating dispute resolution, the sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time). The seat and venue of the arbitration shall be Bengaluru, Karnataka, India. The language of the arbitration shall be English.
• Jurisdiction: Subject to the arbitration clause above, the courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms of Use.