Terms of Service

Welcome to Ishtam operated by Fall in MalayaLove, LLC, which will hereby be referred to as ("Ishtam" or the "Company").

These Terms of Service ("Terms") govern your access to and use of Ishtam's video dating platform ("Service"). By creating an account, you agree to these Terms and our Privacy Policy.

If you do not agree, please do not use the Service.

1. ELIGIBILITY AND ACCOUNT REGISTRATION

1.1 Age Requirement: You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that you meet this age requirement.

1.2 Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

1.3 One Account Per Person: Each person may maintain only one active account. Creating multiple accounts may result in termination of all your accounts.

1.4 Account Security: You must not share your account with others or allow others to access your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

1.5 Prohibited Users: If you create an account, you represent and warrant that you have never been convicted of a felony, you are not required to register as a sex offender with any government entity, and you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition.

1.6 Geographic Restrictions: Using the Service may be prohibited or restricted in certain countries, such as Cuba, Iraq, Libya, North Korea, Iran, Syria, Republic of Belarus, Russian Federation, territories occupied by the Russian Federation, or any other Country to which the United States (U.S.) has embargoed goods. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you use the Service from outside of the U.S., you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

2. SUBSCRIPTION AND PAYMENT

2.1 Subscription Required: Access to video dating features requires an active paid subscription. Subscription fees are charged on a recurring basis according to the plan you select.

2.2 Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal fee.

2.3 Payment Authorization: By providing a payment method, you authorize Ishtam to charge all fees incurred through your account to that payment method. You are responsible for all charges incurred under your account, including applicable taxes.

2.4 Price Changes: We reserve the right to change our subscription fees at any time. Price changes will be communicated to you at least 30 days in advance and will apply to your next billing cycle after the notice period.

2.5 No Refunds: All subscription fees are non-refundable except as required by law or as specified below. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period without refund. However, if we are unable to match you for your weekly video date due to unavailability of compatible users in our database, you will automatically receive a prorated refund for that missed date opportunity. Our system will detect unmatched weeks and process refunds accordingly.

2.6 Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support at hello@fallinmalayalove.com. Cancellations take effect at the end of the current billing period.

3. SMS/TEXT MESSAGE COMMUNICATIONS

3.1 Program Description: Ishtam offers SMS text message notifications to keep you informed about your video dating schedule, match notifications, appointment reminders, and important Service updates. By providing your mobile phone number and opting in, you consent to receive automated text messages from Ishtam at the phone number provided.

3.2 Message Frequency: Message frequency varies depending on your activity and preferences. You may receive anywhere from 5-15 messages per week, including weekly match notifications, video date reminders, and occasional Service announcements. Additional messages may be sent for account security, customer support responses, or time-sensitive notifications.

3.3 Message and Data Rates: Message and data rates may apply. Standard messaging rates from your wireless carrier will apply to all SMS messages sent and received. Please contact your mobile carrier for details about your messaging plan and associated costs. Ishtam is not responsible for any charges from your mobile carrier.

3.4 Opt-Out Instructions: You can opt out of receiving text messages at any time. To stop receiving messages, text STOP to any message you receive from Ishtam. After texting STOP, you will receive one final confirmation message. You may also opt out by contacting us at hello@fallinmalayalove.com or through your account settings.

3.5 Help and Support: For help or more information about our text messaging program, text HELP to any message you receive from Ishtam, or contact our customer support team at hello@fallinmalayalove.com.

3.6 Supported Carriers: Our SMS service is supported by all major U.S. wireless carriers. If you experience issues receiving messages, please contact your carrier or our support team.

3.7 Privacy: We will not share your mobile phone number with third parties for marketing purposes without your consent. Your information is subject to our Privacy Policy. Standard text messaging and data rates apply as provided in your wireless plan.

3.8 Consent and Changes: By opting in to SMS notifications, you certify that you are the account holder or have authorization to receive texts at the provided number. We reserve the right to modify or discontinue our SMS program at any time. We will notify you of any material changes to the program.

4. USER CONDUCT AND SAFETY

4.1 Respectful Behavior: You agree to treat all other users with respect and dignity. You must not engage in harassment, bullying, threats, hate speech, or any form of abusive behavior during video dates or through any communication on the platform.

4.2 Prohibited Conduct: You agree not to:

• Display nudity, sexually explicit content, or engage in sexually explicit behavior during video dates
• Use the Service for commercial solicitation, advertising, or promotional purposes
• Impersonate another person or provide false information
• Request money or financial information from other users
• Use the Service if you are a registered sex offender
• Attempt to circumvent our matching algorithm or manipulate the Service, or engage in fraudulent or deceptive practices
• Engage in any illegal activity or promote illegal conduct

4.3 Reporting: If you experience or witness inappropriate behavior, please report it immediately through our reporting feature or by contacting hello@fallinmalayalove.com. We take all reports seriously and will investigate accordingly.

4.4 Enforcement: Violation of these conduct rules may result in immediate termination of your account without refund. We reserve the right to investigate reported violations and take appropriate action, including but not limited to warning, suspension, or permanent ban.

5. VIDEO RECORDING AND PRIVACY

5.1 No Recording by Ishtam: Ishtam does not record, store, or monitor the content of your video dates. Video dates are conducted in real-time and are not saved by our platform.

5.2 User Recording Prohibited: You are strictly prohibited from recording, screenshot capturing, or otherwise preserving any portion of your video dates without the explicit prior consent of the other participant(s). Violation of this policy may result in immediate account termination and potential legal action.

5.3 Privacy: Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

5.4 Data Security: While we implement reasonable security measures to protect your information, we cannot guarantee the security of any information transmitted through the internet or stored in our systems. You use the Service at your own risk.

6. INTELLECTUAL PROPERTY

6.1 Ishtam Property: The Service, including its software, algorithms, design, trademarks, logos, and content, is owned by Ishtam and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

6.2 User Content: You retain ownership of any content you provide to the Service (such as profile information and photos). By submitting content, you grant Ishtam a worldwide, non-exclusive, royalty-free license to use, display, and process such content solely for the purpose of providing and improving the Service.

6.3 Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant Ishtam the right to use such feedback without any obligation to compensate you.

7. DISCLAIMERS AND LIMITATIONS

7.1 No Background Checks: Ishtam does not conduct criminal background checks, identity verification, or any investigation into users' backgrounds, marital status, or personal history. You are solely responsible for your interactions with other users.

7.2 No Guarantee of Compatibility: While we use a matching algorithm to pair users based on criteria, we make no representations or warranties about the accuracy, quality, or suitability of any match. The matching process is not scientific and should not be relied upon as a guarantee of compatibility.

7.3 No Guarantee of Results: Ishtam does not guarantee that you will form a romantic connection, friendship, or any relationship with another user. We do not guarantee the availability, quality, compatibility, or suitability of any match. The Service is provided on an "as is" basis.

7.4 User Responsibility: You are solely responsible for your interactions with other users. Ishtam is not liable for any conduct of users on or off the Service, including any harm, injury, or damage arising from such interactions. You should exercise caution and common sense when interacting with people you meet through the Service.

7.5 Service Availability: We do not guarantee that the Service will be available at all times or that it will be error-free. We may suspend or terminate the Service for maintenance, updates, or other reasons without prior notice.

7.6 Your Interactions with Other Users: You are solely responsible for your interactions with other users. The Company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.

7.7 "AS IS" Disclaimer: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ISHTAM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISHTAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ISHTAM IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ishtam, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; or (d) your conduct on or off the Service.

10. TERMINATION

10.1 Termination by You: You may terminate your account at any time by canceling your subscription through your account settings or contacting hello@fallinmalayalove.com.

10.2 Termination by Ishtam: We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) requests by law enforcement or government agencies; or (d) discontinuation of the Service.

10.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account and all associated data. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

11. DISPUTE RESOLUTION AND ARBITRATION

11.1 Informal Resolution: Before filing any claim, you agree to try to resolve the dispute informally by contacting us at hello@fallinmalayalove.com. We will attempt to resolve the dispute within 60 days.

11.2 Binding Arbitration: If we cannot resolve the dispute informally, you and Ishtam agree that any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

11.3 No Class Actions & Arbitration Rules: You and Ishtam agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be administered by the American Arbitration Association.

11.4 Opt-Out: You may opt out of this arbitration provision by sending written notice to hello@fallinmalayalove.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.

12. GENERAL PROVISIONS

12.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ishtam regarding the Service and supersede all prior agreements and understandings.

12.2 Changes to Terms: We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

12.4 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.5 Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.6 Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

12.7 Contact Information: If you have any questions about these Terms, please contact us at hello@fallinmalayalove.com.

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