Terms & Conditions

1. Introduction and Acceptance

1.1 Parties and Scope

These Terms of Service (“Terms”) constitute a binding agreement between Datana Labs LLP, a limited liability partnership incorporated under the Limited Liability Partnership Act, 2008, having its registered office at  502, Siddh Icon, Baner, Pune, Maharashtra, India - 411007, India (“Datana Labs,” “we,” “our,” or “us”), and any natural person (“User,” “you,” or “your”) who accesses, downloads, installs, or uses the Babella application (“App”) or its associated website https://babella.in (collectively, the “Services”).

These Terms govern your use of all features of Babella, including its AI-driven companion chat interfaces, voice, image, or video components, beta or experimental models, and any updates, integrations, or successors provided by Datana Labs.

1.2 Acceptance of Terms

By (a) clicking “I Agree,” “Accept,” or similar at signup; (b) accessing or using the Services; or (c) continuing to use the Services after any update to these Terms, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any other policies expressly incorporated herein. If you do not agree, you must immediately stop using the Services.

1.3 Relationship with Other Policies

These Terms are to be read together with our Privacy Policy, Community Guidelines, and any other posted policies (collectively, the “Policies”). In the event of a conflict between these Terms and any Policy, these Terms shall prevail to the extent of the conflict, unless a law or regulation mandates otherwise.

1.4 Modifications to the Terms

Datana Labs may amend these Terms at any time to reflect changes in law, product features, or business practices. We will provide at least 30 days’ prior notice of material changes by email and/or in-app notification. Your continued use after the effective date of the updated Terms constitutes your acceptance of the changes.

1.5 Territory and Governing Law

These Terms apply to Users in India, and the Services are presently intended for use within the territory of India only. They are governed by the laws of India without regard to conflict-of-law principles. All disputes shall first be resolved by binding arbitration seated in Pune, Maharashtra, in accordance with the Arbitration and Conciliation Act, 1996. Subject to such arbitration, the courts of Pune shall have exclusive jurisdiction.

1.6 Platform Coverage and App Store Terms

These Terms apply to the Babella App available on Android (Google Play Store), iOS (Apple App Store), and the web domain babella.in. Where app-store-specific terms conflict with these Terms, the store terms shall prevail only to the extent mandated by the respective store policies; otherwise, these Terms control.

1.7 Right to Refuse or Suspend Access

We reserve the right to refuse, limit, or suspend access to any User for any reason deemed necessary to protect the safety and integrity of our platform, Users, or the public, including for content violations, fraud risk, or AI abuse. Moderation may include automated filters, machine learning tools, and human review.

1.8 Effective Date

Effective Date: 17 October 2025

2. Eligibility, Age Verification, and Minor Protection

2.1 Eligibility

Use of the Services is strictly limited to natural persons who are eighteen (18) years of age or older and legally capable of entering into a binding contract under the Indian Contract Act, 1872. By registering, you represent and warrant that you satisfy these conditions and that all information you provide during signup is true, complete, and current.

2.2 Age Verification

Datana Labs employs government-ID-based and device-level verification to confirm user age at account creation. We may request additional documentary proof or perform verification through trusted third-party providers at any time. Refusal to furnish proof of age may result in denial, suspension, or termination of access.

2.3 No Use by Minors

Persons under the age of eighteen (18) are not permitted to use or access Babella in any manner. Datana Labs does not knowingly collect personal data from minors, nor permit the creation or retention of accounts belonging to minors.

If we discover that an account belongs to a minor, we will immediately suspend or delete such account and purge associated data in accordance with the Digital Personal Data Protection Act 2023 (DPDPA) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

2.4 No Parental Consent Exception

Because Babella provides emotionally responsive, AI-generated content that may include mature or adult themes, parental consent cannot substitute for age eligibility. Use by minors is categorically prohibited.

2.5 Regional and Legal Restrictions

Babella is currently intended for use within the Republic of India only. Access from jurisdictions where use of similar AI services is restricted or unlawful is not permitted. Datana Labs reserves the right to geoblock or restrict access from specific regions to ensure legal compliance or user safety.

2.6 Right of Refusal and Termination

Datana Labs reserves the right, in its sole discretion, to refuse registration, revoke access, or terminate any account if:
 (a) the user is found to be under 18;
 (b) false or misleading information was provided during verification; or
 (c) the user violates any applicable law or these Terms.

Such action shall be without prejudice to any other remedies available to Datana Labs under law or equity.

3. Account Registration & Security

3.1 Account Creation

To access the Services, you must create an account with true, accurate, current, and complete information. Datana Labs LLP (“Datana Labs”) may require identity details sufficient to verify age (see Section 2) and to maintain a secure environment. You agree to promptly update your account information to keep it accurate and complete.

3.2 Verification Methods

You consent to our use of mobile one-time password (OTP) verification, email confirmation, government-ID checks, selfie/liveness checks, device signals, and/or trusted third-party KYC/verification providers to validate your eligibility (18+) and to secure access. We may require re-verification at any time (e.g., on risk flags, device change, or suspected misuse).

3.3 One Person, One Account; No Sharing

Each natural person may hold one personal account. Account sharing, sublicensing, sale, or transfer of accounts or credentials is prohibited. You are responsible for all activity under your account, whether or not authorized by you, except to the extent caused directly by Datana Labs’ willful misconduct.

3.4 Credentials and Multi-Factor Security

You must maintain strict confidentiality of your login credentials, use a strong password, enable multi-factor authentication (where available), and implement device-level safeguards (screen lock, OS updates, anti-malware). Datana Labs is not responsible for losses arising from compromised devices or poor credential hygiene.

3.5 Unauthorized Use; Mandatory Notice

You must immediately notify us of any suspected or actual unauthorized access, account compromise, or security incident at support@babella.in. Pending investigation, we may lock, suspend, or restrict your account to protect you, other users, and the Services.

3.6 No Guest/Demo Use

All interactions with the Services require a verified, eligible account. Guest or anonymous use is not permitted.

3.7 Security Reviews; Risk-Based Controls

To preserve platform integrity, we may conduct risk-based security reviews and implement controls (session throttling, device binding, IP geofencing, re-authentication). We may deny, suspend, or revoke access where we reasonably believe your account or device presents a security, compliance, or safety risk.

3.8 Third-Party Login

If you sign in via a third-party identity provider (e.g., Apple, Google), you remain subject to these Terms and our verification requirements. Datana Labs is not responsible for the availability or security of third-party identity services.

3.9 Account Closure by You

You may request account closure at any time through in-app controls or by contacting support@babella.in. Closure will follow our Privacy Policy (data deletion/retention, lawful holds, and backup timelines). Certain data may be retained as required by law, dispute resolution, or fraud prevention.

3.10 Inactivity; Reclamation

Where permitted by law, we may deactivate or reclaim inactive accounts after prior notice, especially if necessary to protect security or manage namespace integrity. Reactivation may require re-verification.

3.11 Prohibited Access Methods

Accessing the Services via automation, scraping, token reuse, emulator farms, or unauthorized APIs is prohibited. Circumvention of technical protections (rate limits, geo-blocks, or model safety systems) is a material breach.

4. Use of the Services (Scope and Permitted Use)

4.1 Description of the Services

Babella is an AI-driven companion experience developed by Datana Labs LLP.
 The Services include text, voice, or visual chat with AI models, personalization features, analytics, and any beta or experimental functions released under the Babella name.
 Datana Labs may add, modify, or discontinue features at its discretion to improve safety, compliance, or performance.

4.2 Personal and Non-Commercial Use

The Services are provided solely for personal, private, and non-commercial use.
 You may not:

• use Babella for any enterprise, advertising, influencer, or revenue-generating activity;
  
  

• use Babella outputs as professional advice or counseling; or
  
  

• represent any AI character, output, or persona as a real person or agent of Datana Labs.
  
  

4.3 License Grant

Datana Labs grants you a limited, non-exclusive, revocable, non-transferable license to use Babella in accordance with these Terms.
 All intellectual-property rights in Babella—including its software, interface, design, data, and AI models—remain the exclusive property of Datana Labs or its licensors.

4.4 Prohibited Uses

You agree not to:

1. Violate law — Use the Services for unlawful, defamatory, obscene, or harassing purposes, or to promote hate, self-harm, or violence.
   
   

2. Bypass controls — Attempt to disable or circumvent moderation systems, rate limits, or geographic restrictions.
   
   

3. Impersonate others — Create or simulate any identifiable real person (living or dead) or organization without verifiable, written consent.
   
   

4. Misuse AI outputs — Publish or distribute Babella outputs as factual, medical, psychological, or legal advice.
   
   

5. Exploit vulnerabilities — Probe, scan, or test the security of our systems.
   
   

6. Interfere or load test — Deploy bots, scripts, or scraping tools to access or collect data.
   
   

7. Infringe IP rights — Upload, transmit, or use content that violates any third-party copyright, trademark, privacy, or publicity rights.
   
   

8. Manipulate or harm others — Use Babella to target, coerce, or deceive individuals.
   
   

Violation of these restrictions constitutes a material breach and may result in immediate suspension or termination under Section 9.

4.5 Beta and Experimental Features

You acknowledge that beta or experimental modules (e.g., early-release AI personalities, new sensors, or third-party integrations) are provided “as is”, may contain defects, and may be withdrawn at any time.
 By enabling a beta feature, you accept associated risks and agree that Datana Labs bears no liability for errors, loss of data, or outcomes arising from such use.

4.6 AI Generated Content Disclaimer

Babella’s responses are machine-generated using probabilistic algorithms.
 Outputs may be fictional, inaccurate, inconsistent, or emotionally expressive.
 You understand and agree that:

• Babella is not a human being and provides no professional, medical, therapeutic, or legal advice;
  
  

• you must exercise discretion before acting on any output; and
  
  

• Datana Labs disclaims all liability for harm, decision-making, or reliance arising from AI-generated responses.
  
  

4.7 Safety and Moderation

To ensure user safety and legal compliance, Datana Labs implements automated detection tools and human review for content moderation.
 We may block, filter, blur, or remove conversations or content that breach these Terms or applicable law.
 You consent to such automated and manual review to maintain platform integrity.

4.8 Feedback and Submissions

By submitting feedback, suggestions, or feature ideas, you grant Datana Labs a perpetual, irrevocable, royalty-free license to use such input for product improvement without compensation or acknowledgment.

4.9 Reservation of Rights

Datana Labs reserves all rights not expressly granted to you.
 Nothing in these Terms shall be construed as transferring any ownership interest in Babella or its technology.

5. Content Rules and Prohibited Conduct

5.1 User Conduct and Responsibilities

You are solely responsible for all text, audio, images, or other material (“User Content”) that you create, transmit, or display through the Services.
 By submitting or generating any content using Babella, you agree to use the Services only in a manner consistent with:
 (a) these Terms;
 (b) applicable Indian laws, including the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023 (“DPDPA”); and
 (c) all global intellectual-property, data-protection, and content-moderation standards that may reasonably apply to your use.

5.2 Prohibited Content

You shall not, directly or indirectly, upload, share, generate, or otherwise make available content that:

1. Is unlawful under Indian or international law, including material that promotes terrorism, narcotics, or money laundering;
   
   

2. Depicts sexual or obscene material, including nudity, pornography, sexual solicitation, or content inappropriate for users under 18 years of age;
   
   

3. Promotes hate or violence, including discrimination based on race, caste, religion, gender, sexual orientation, or nationality;
   
   

4. Involves self-harm or suicide, glorifies injury, or provides instructions for harmful activities;
   
   

5. Defames, harasses, threatens, or invades the privacy of any person;
   
   

6. Misrepresents identity or impersonates any living or deceased person, public figure, or organization without prior written consent;
   
   

7. Infringes intellectual property rights, including copyrights, trademarks, patents, trade secrets, or moral rights;
   
   

8. Spreads misinformation or false news that may mislead users or cause public harm;
   
   

9. Includes viruses, malware, or code designed to interrupt or damage software, hardware, or data;
   
   

10. Seeks to exploit or manipulate emotional, sexual, or psychological vulnerabilities;
    
    

11. Violates any applicable advertising or consumer-protection regulation; or
    
    

12. Contravenes Datana Labs’ Community Guidelines or moderation standards as periodically updated.
    
    

5.3 AI-Generated or Synthetic Content

You acknowledge that outputs created by Babella are synthetic, fictional, and probabilistic.
 You agree not to:

• publish or present AI-generated content as factual, professional, or expert advice;
  
  

• redistribute AI outputs that could cause psychological, reputational, or financial harm to others;
  
  

• use AI-generated images, voices, or text to replicate real persons or simulate consent; or
  
  

• remove or alter AI-origin indicators (watermarks, labels, or disclaimers) applied by Datana Labs.
  
  

5.4 Monitoring and Enforcement

Datana Labs employs both automated filters and human moderators to detect, review, and act on policy violations.
 We reserve the right to:

• remove, blur, restrict, or flag any User Content;
  
  

• suspend or terminate offending accounts immediately;
  
  

• report unlawful activity to competent authorities; and
  
  

• cooperate with investigations by law-enforcement agencies or regulators.
  
  

We are not obliged to pre-screen all content but retain discretion to act whenever we believe a violation or risk exists.

5.5 User Reporting

Users may report suspected policy violations or harmful content via in-app tools or by emailing support@babella.in.
 We investigate reports promptly and may, at our discretion, restrict access to the reported content pending review.
 False or abusive reporting may result in suspension.

5.6 Preservation and Disclosure

Datana Labs may preserve or disclose User Content and related data when required to:
 (a) comply with legal obligations;
 (b) enforce these Terms;
 (c) respond to law-enforcement or court orders;
 (d) detect, prevent, or address fraud or abuse; or
 (e) protect the rights, property, or safety of Datana Labs, users, or the public.

Such disclosures shall be consistent with our Privacy Policy and applicable data-protection laws.

5.7 No Expectation of Privacy in Public Areas

Certain features may permit sharing of anonymized interactions or AI stories.
 You understand that content shared in public or community areas is not private and may be viewed by others.
 You are solely responsible for ensuring that you do not include personally identifiable or sensitive data in such public posts.

5.8 Consequences of Breach

Violation of this Section constitutes a material breach.
 Datana Labs may, without prior notice:

• suspend or terminate your account;
  
  

• delete or anonymize infringing content;
  
  

• forfeit any active subscriptions without refund; and/or
  
  

• pursue civil or criminal remedies as available under law.
  
  

Such action does not limit our right to recover damages or seek injunctive relief.

6. AI Disclaimers and Limitation of Liability

6.1 Nature of AI Interactions

Babella uses artificial-intelligence models that generate text, audio, and visual responses probabilistically.
 All outputs are synthetic and may contain factual inaccuracies, offensive phrasing, or emotional simulation.
 You acknowledge that:

• Babella does not think, feel, or judge reality; it produces computational predictions;
  
  

• Any personality, advice, or emotion expressed is a simulation; and
  
  

• You are solely responsible for interpreting and acting on any response.
  
  

6.2 No Professional Advice

Babella is not a substitute for professional consultation of any kind.
 Nothing produced by the AI shall be construed as medical, psychological, legal, financial, or other professional advice.
 Always seek qualified human counsel before making decisions that may affect your health, finances, relationships, or legal rights.

6.3 Content and Reliance Disclaimer

Datana Labs provides the Services “as is,” “as available,” and “with all faults.”
 We make no warranties—express, implied, statutory, or otherwise—regarding:

• accuracy, reliability, or completeness of AI outputs;
  
  

• uninterrupted or error-free operation;
  
  

• fitness for a particular purpose; or
  
  

• compatibility with any device or third-party system.
  
  

You assume full responsibility and risk for use of the Services.

6.4 Third-Party Integrations

Babella may rely on third-party APIs, hosting, or payment processors (e.g., Razorpay).
 Datana Labs does not control and is not responsible for the availability, accuracy, or security of third-party services.
 Your dealings with those providers are governed by their own terms.

6.5 Limitation of Liability

To the maximum extent permitted by law:

1. Datana Labs, its partners, officers, employees, and licensors shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including loss of profits, data, goodwill, or emotional distress, arising from or related to use of Babella, even if advised of such possibility.
   
   

2. Our aggregate liability for all claims arising under or in connection with these Terms shall not exceed the total amount paid by you to Datana Labs in the preceding 12 months (or INR 5,000 if no payments were made).
   
   

3. We shall not be responsible for harm arising from:
   
   

   • reliance on AI-generated content;
     
     

   • unauthorized access, hacking, or data loss despite reasonable safeguards;
     
     

   • user negligence, misuse, or violation of these Terms; or
     
     

   • temporary unavailability caused by maintenance, upgrades, or force majeure events.
     
     

6.6 Indemnity by User

You agree to indemnify, defend, and hold harmless Datana Labs and its personnel from any claim, loss, liability, cost, or expense (including legal fees) arising out of:

• your use or misuse of the Services;
  
  

• your breach of these Terms; or
  
  

• your violation of any law or third-party right.
  
  

6.7 Force Majeure

Datana Labs shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, war, government orders, pandemics, internet or power outages, or acts of third-party service providers.

6.8 Acknowledgment of Risk

By using Babella, you expressly acknowledge that:

• interacting with generative AI may produce unpredictable or emotionally charged material;
  
  

• Datana Labs cannot filter all such outcomes in real time; and
  
  

• Your continued use signifies informed acceptance of these inherent limitations.

7. User Content, Ownership and Licenses

7.1 User Ownership

You retain ownership of all original content you submit, upload, or generate through your interactions with the Services (“User Content”).
 Nothing in these Terms transfers ownership of your intellectual property to Datana Labs.
 However, by using the Services, you grant Datana Labs limited rights described below to operate, secure, and improve Babella.

7.2 License to Datana Labs

By submitting or generating User Content, you grant Datana Labs LLP a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and revocable license to:

• host, store, reproduce, process, display, transmit, and moderate the content for service provision;
  
  

• use the content to maintain security, detect policy violations, and comply with law; and
  
  

• (where you have provided explicit opt-in consent) use anonymized or aggregated data to improve AI model quality, analytics, and safety.
  
  

This license terminates when your account or the specific content is deleted, except as required for legal, regulatory, or backup purposes.

7.3 License Back to User

Subject to these Terms, Datana Labs grants you a limited personal license to view, use, and download your own interactions and outputs for personal, non-commercial purposes.
 You may not redistribute or commercialize Babella outputs without prior written consent.

7.4 Prohibited Submissions

You agree not to submit any content that:

• contains confidential information you are not authorized to disclose;
  
  

• includes another person’s personal data without their consent;
  
  

• infringes any third-party intellectual-property or publicity rights; or
  
  

• violates any section of these Terms or applicable law.
  
  

You understand that Datana Labs is not responsible for loss, alteration, or unauthorized access to content caused by user error, third-party acts, or circumstances beyond our control.

7.5 User Generated Characters and Future Features

If Babella later allows creation of custom AI characters, avatars, or personalities, additional terms will apply.
 Until then, you may not upload or attempt to simulate the likeness, name, or persona of any real individual—living or deceased—without verifiable written authorization from that person or their legal representative.

7.6 Retention and Deletion

Datana Labs retains User Content for as long as necessary to provide the Services, comply with law, or resolve disputes.
 Upon account deletion or request under the Privacy Policy, content will be securely deleted or anonymized from active systems and backups within reasonable timeframes permitted by the DPDPA and applicable tax or record-keeping laws.

7.7 Feedback and Submissions

Any ideas, suggestions, bug reports, or feedback you provide are deemed non-confidential and become the property of Datana Labs.
 We may use such feedback freely without acknowledgment or compensation.

7.8 No Liability for User Content

Datana Labs does not endorse or assume responsibility for any User Content.
 You are solely liable for your content, its legality, and the consequences of sharing or publishing it.
 We may remove or restrict any content that we believe violates these Terms or applicable law.

8. Payments, Subscriptions and Refunds

8.1 Billing and Payment Processor

Paid features or premium tiers of Babella are processed exclusively through Razorpay Software Private Limited (“Razorpay”).
 By initiating a payment, you agree to be bound by Razorpay’s Terms of Service and Privacy Policy in addition to these Terms.
 Datana Labs LLP does not store your card or bank credentials; all transactions are handled through Razorpay’s PCI-DSS-compliant gateways.

8.2 Subscription Plans

Babella may offer time-based subscriptions (monthly, quarterly, annual or otherwise). Plan details and pricing are displayed in-app or on https://babella.in at the time of purchase. Prices are quoted in Indian Rupees (INR) and include applicable taxes unless stated otherwise.

8.3 Auto-Renewal and Cancellation

Unless explicitly stated otherwise, subscriptions auto-renew at the end of each billing cycle using the same payment method. You may cancel auto-renewal at any time through your Razorpay dashboard, app store settings, or Babella account page. Cancellation will take effect at the end of the current billing cycle; no partial refunds or credits are provided for unused periods.

8.4 No Refund Policy

All payments made for subscriptions or in-app purchases are final and non-refundable, except where required by law.
 Refunds will not be issued for:
 (a) early cancellation or termination by the user;
 (b) service interruptions or feature modifications; or
 (c) account suspension due to violation of these Terms or applicable law.

If applicable law mandates a refund (e.g., RBI chargeback or payment reversal rules), Datana Labs will process such refunds in accordance with the law and Razorpay’s procedures.

8.5 Taxes and Compliance

You are responsible for any applicable taxes arising from your purchase. Datana Labs will comply with Indian GST requirements and may collect and remit tax as required. Invoices or receipts will be available electronically through the App or email upon payment.

8.6 Promotions and Discounts

Any coupons, introductory offers, or trial periods are governed by their specific terms at the time of offer. Datana Labs reserves the right to modify or withdraw promotions at any time without notice.

8.7 Payment Failures and Chargebacks

If a payment is declined or reversed, Datana Labs may suspend or terminate your access immediately. You remain liable for all outstanding amounts plus reasonable collection costs. Repeated chargebacks may result in permanent account ban and reporting to payment processors for risk flagging.

8.8 Currency and Cross-Border Transactions

All transactions are processed in INR. If Razorpay enables international payments, foreign exchange fees and bank charges shall be borne by you. Babella’s primary billing jurisdiction remains India.

8.9 Termination for Non-Payment

Failure to complete payment within the billing window may result in immediate suspension of paid features. Datana Labs is not liable for loss of data, preferences, or progress due to such termination.

8.10 No Set-Off or Counter-Claims

You may not withhold payments or set off claims against Datana Labs unless expressly authorized by law or written agreement.

9. Termination and Suspension

9.1 Termination by User

You may terminate your account at any time through the in-app settings or by contacting support@babella.in.
 Upon termination:

• Your access to the Services will cease immediately;
  
  

• All active subscriptions will automatically lapse at the end of their billing cycle (no refunds); and
  
  

• Deletion of data will follow the timelines and safeguards described in our Privacy Policy.
  
  

Certain residual data (e.g., transaction records, legal logs) may be retained to comply with tax, audit, or law-enforcement requirements.

9.2 Termination or Suspension by Datana Labs

Datana Labs may, at its sole discretion, suspend or terminate your account or access to the Services (temporarily or permanently) without prior notice if:

1. You breach these Terms, our Privacy Policy, or any applicable law;
   
   

2. You engage in behavior that threatens user safety, platform integrity, or moderation systems;
   
   

3. Payment is reversed, declined, or disputed;
   
   

4. Age or identity verification fails or is suspected to be falsified;
   
   

5. We are required to do so by law, regulatory authority, or court order; or
   
   

6. Continued service becomes impractical due to technical, security, or legal constraints.
   
   

In urgent circumstances (such as threats to safety, national security, or unlawful activity), we may suspend access immediately without prior notice.
 We will, where practicable, notify you of the reason for termination or suspension.

9.3 Effect of Termination

Upon termination for any reason:

• All rights and licenses granted to you under these Terms will immediately cease;
  
  

• You must discontinue all use of Babella and delete any related materials;
  
  

• We may deactivate or delete your account credentials and related data from active systems;
  
  

• Sections 6 (AI Disclaimers and Liability), 7 (Ownership), 8 (Payments), 9 (Termination), 10 (Dispute Resolution), 11 (Indemnity), and 14 (Miscellaneous) shall survive termination.
  
  

Datana Labs shall not be liable for any damages, losses, or claims resulting from lawful termination or suspension.

9.4 Service Discontinuation or Withdrawal

Datana Labs reserves the right to discontinue Babella or any part of the Services at any time, either temporarily or permanently, for maintenance, product evolution, or regulatory reasons.
 Where legally required, we will provide reasonable prior notice (typically 30 days) to allow users to export their data.

9.5 Reinstatement

Reinstatement of a suspended or terminated account is at the sole discretion of Datana Labs and may require proof of compliance, payment settlement, or written undertaking.

9.6 No Liability for Termination

To the fullest extent permitted by law, Datana Labs, its partners, and affiliates shall not be liable for any loss of access, emotional distress, or loss of data arising out of a legitimate suspension or termination conducted under this Section.

10. Dispute Resolution and Governing Law

10.1 Good-Faith Resolution

The parties shall first attempt to resolve any dispute, controversy, or claim arising from or relating to these Terms or the use of Babella (“Dispute”) through good-faith negotiation.
 You agree to notify Datana Labs LLP in writing at legal@babella.in before initiating any formal proceedings. Datana Labs shall respond within 30 days of receipt of the written notice.

10.2 Arbitration Agreement

If the parties are unable to resolve the Dispute amicably within 45 days of the written notice, the Dispute shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended).

• Seat and Venue of Arbitration: Pune, Maharashtra, India.
  
  

• Language: English.
  
  

• Number of Arbitrators: One (1) sole arbitrator, jointly appointed by the parties. If the parties cannot agree within 15 days, the arbitrator shall be appointed in accordance with the Act.
  
  

• Costs: Each party shall bear its own legal costs; the arbitrator’s fees shall be shared equally unless otherwise directed by the award.
  
  

• The arbitral award shall be final and binding, and enforceable in any court of competent jurisdiction.
  
  

10.3 Interim Relief and Injunctive Remedies

Notwithstanding the above, Datana Labs retains the right to seek temporary, interim, or injunctive relief from competent courts to protect its intellectual property, confidential information, moderation systems, or data security.
 Such relief shall not be deemed a waiver of arbitration.

10.4 Governing Law

These Terms, their interpretation, and any Dispute shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

10.5 Jurisdiction

Subject to the arbitration clause above, the courts at Pune, Maharashtra, India shall have exclusive jurisdiction over any proceedings arising out of or relating to these Terms.

10.6 Class Actions and Representative Claims

You agree that Disputes shall be resolved only on an individual basis, and not as part of any class, collective, or representative action.
 No arbitration or proceeding shall be combined with another without Datana Labs’ prior written consent.

10.7 Limitation Period

Any claim or cause of action arising out of these Terms must be filed within one (1) year after such claim arose; otherwise it is permanently barred, except where prohibited by law.

10.8 Continuing Obligations

This Section 10 shall survive termination of these Terms and continue to apply to all Disputes, regardless of account closure or discontinuation of Babella.

11. Indemnity

11.1 User Obligation to Indemnify

You agree to indemnify, defend, and hold harmless Datana Labs LLP, its partners, affiliates, officers, employees, contractors, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

1. Your access to or use of Babella in violation of these Terms, any law, or any third-party rights;
   
   

2. User Content you create, upload, transmit, or share through the Services;
   
   

3. Your breach of any representation, warranty, or covenant contained herein;
   
   

4. Your negligence, fraud, misrepresentation, or willful misconduct; or
   
   

5. Any dispute between you and another user, or between you and a third party regarding AI-generated content.
   
   

11.2 Defense and Cooperation

Datana Labs reserves the exclusive right, at its own expense, to assume the defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully and promptly with Datana Labs in asserting available defenses and mitigating potential losses. Failure to provide reasonable assistance or information requested by Datana Labs may void your indemnification obligation to the extent of such failure.

11.3 No Settlement Without Consent

You may not settle any claim or admit liability on behalf of Datana Labs without our prior written consent. Datana Labs may settle claims it deems appropriate without your approval where the settlement does not impose any payment or obligation on you.

11.4 Continuing Effect

Your indemnification obligations under this Section 11 shall survive termination of these Terms, the closure of your account, and the cessation of Babella’s operations.

12. Modifications to Terms

12.1 Right to Modify

Datana Labs LLP may amend, update, or replace these Terms, the Privacy Policy, or any related Policy at any time to reflect changes in law, product functionality, or business operations. All modifications are effective upon publication on https://babella.in or in the App, unless a later effective date is stated.

12.2 Notice of Material Changes

For material updates that affect your rights or obligations, Datana Labs will provide at least 30 days’ advance notice by email, in-app alert, or both. The notice will summarize key amendments and their effective date. Where required by law, we will also seek explicit consent for continued use.

12.3 User Acceptance of Changes

Your continued access to or use of Babella after the effective date of any update constitutes your acceptance of the revised Terms. If you do not agree to the modifications, you must discontinue use of the Services and close your account before the update takes effect.

12.4 Version Control

The current version and revision date will always be displayed at the top of the Terms. Historical versions may be archived by Datana Labs for audit and compliance purposes.

12.5 Minor Adjustments

Typographical, formatting, or administrative edits that do not materially alter your rights may be made without prior notice and will take effect immediately upon posting.

13. Third-Party Services and Links

13.1 Integrations and Dependencies

Babella relies on third-party providers for certain functionalities, including but not limited to:

• Payments and billing through Razorpay Software Private Limited;
  
  

• App distribution via the Google Play Store and Apple App Store;
  
  

• Hosting and cloud infrastructure providers; and
  
  

• Artificial-intelligence APIs or analytics tools operated by third parties.
  
  

Your use of such third-party services is subject to their own terms and privacy policies, and Datana Labs is not responsible or liable for the performance, availability, or data practices of those providers.

13.2 External Links

Babella or its users may provide links to third-party websites, applications, or resources. Datana Labs does not endorse, control, or guarantee any external site or its content. Accessing external links is entirely at your own risk.

Datana Labs is not responsible for any loss or damage arising from your interaction with external sites or from reliance on their content, advertisements, or products.

13.3 Third-Party Terms Supremacy

If a third-party platform (such as Google Play or Apple App Store) imposes mandatory terms that conflict with these Terms, those third-party terms will govern only to the extent of that conflict. All other provisions of these Terms remain in full force.

13.4 Third-Party Login Credentials

If you access Babella using credentials from another platform (e.g., Apple ID, Google Sign-In), you authorize Datana Labs to obtain limited authentication information from that provider for account creation and verification. Datana Labs is not responsible for the security or privacy of that provider’s systems.

13.5 APIs and Developer Access

Any external API or SDK access to Babella (if offered in future) shall be governed by a separate developer agreement. Unauthorized use of APIs, data scraping, or reverse engineering is strictly prohibited.

13.6 Liability Disclaimer

Datana Labs disclaims all warranties, express or implied, regarding third-party services or content. Under no circumstance shall Datana Labs be responsible for any act or omission of third-party providers.

14. Miscellaneous Provisions

14.1 Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of Datana Labs LLP.
 Datana Labs may assign or transfer these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, or restructuring, provided such successor agrees to honor the existing Terms.

14.2 Waiver

No waiver by Datana Labs of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
 Our failure to enforce any provision of these Terms at any time shall not be construed as a waiver of that provision or our right to enforce it later.

14.3 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a competent authority, the remaining provisions shall continue in full force and effect.
 Where possible, the invalid provision shall be interpreted to achieve its intent to the greatest lawful extent.

14.4 Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any other referenced documents, constitute the entire agreement between you and Datana Labs regarding the use of Babella and supersede all prior communications, understandings, or agreements (whether oral or written) on the same subject.

14.5 Notices

All legal notices or communications shall be sent to:
 Datana Labs LLP
 [502, Siddh Icon, Baner, Pune, Maharashtra, India - 411007]
 📧 legal@babella.in (for legal correspondence)
 📧 support@babella.in (for user or account matters)

Notices shall be deemed delivered when sent by email (with confirmation of transmission) or by registered post to the address above.
 Datana Labs may provide general service announcements or updates electronically within the App, via email, or on the website.

14.6 Relationship of the Parties

Nothing in these Terms creates an employment, partnership, joint venture, fiduciary, or agency relationship between you and Datana Labs.
 You agree that you are acting solely as an independent user of the Services.

14.7 Force of Law

These Terms do not limit any rights that cannot lawfully be limited under applicable law.
 Where any law requires additional disclosures or rights, Datana Labs will comply with the applicable statutory requirements.

14.8 Survival

Any provisions that, by their nature, should survive termination (including but not limited to Sections 6, 7, 8, 9, 10, 11, and 14) shall survive the termination or expiration of these Terms.

14.9 Headings and Interpretation

Headings are for convenience only and shall not affect the interpretation of these Terms.
References to “including” shall be deemed to mean “including without limitation.”