Terms & Conditions

1. Introduction:

Thanks for using YUME. We would like you to read these Terms of Service (“Terms/Terms of Service”, "Agreement") carefully, before you use our platform or any of its services (we will call them “Services”). This is important because these Terms are a legally binding document. They govern your use of our website (https://HELLOYUME.com) and our mobile application called YUME (collectively, the “Platform”) created by Yume Inc, a Delaware corporation, with its registered office at xxx (“YUME”).
YUME is a martech app that helps users monetize their social influence and is also a distribution partner of various fintech products like PPI cards, wallets and other financial products.

2. Eligibility:

The YUME App is intended solely for users at least 18 years of age or above, and are residents of USA. Any access to or use of the App by anyone under 18 or non-residents of USA is expressly prohibited. By using the App, you represent and warrant that you are eligible.
In addition to above, to be eligible to use the YUME platform and services, you must meet certain criteria as set by YUME. These criteria may change from time to time at the sole discretion of YUME. As of now, the criteria include:

You must have a public Instagram profile.
You must have a minimum of 1000 followers on Instagram.

Please note that meeting these criteria does not automatically make you eligible to use the YUME platform and services. YUME reserves the right to determine the eligibility of a user based on its internal criteria, which may include but are not limited to the quality of content on the user's Instagram profile, user's engagement levels, the relevance of the user's content to the YUME brand, etc.
YUME also reserves the right to revoke a user's eligibility if the user fails to meet the eligibility criteria at any point of time during their use of the YUME platform and services. If your eligibility is revoked, you may lose access to certain features or services of the YUME platform, or your account may be terminated.
Please note that these eligibility criteria are subject to change, and it is your responsibility to regularly check the terms and conditions to ensure you meet the current eligibility criteria.

3. Acceptance of Terms

3.1. Acceptance:

By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. We may also monitor or use certain technologies to monitor your activities including your IP address to verify your geographical location.

3.2. Compliance with Applicable Laws:

You must ensure that your use of the Platform and the Services complies with Applicable Laws.

4. YUME Partnerships and Associations:

YUME operates in collaboration with various strategic partners and these partnerships are integral to our ability to provide you with our unique services and offerings. By choosing to use our platform and services, you acknowledge and accept that your engagement with us involves interactions with such Partners, who contribute significantly to the overall service provision and experience we offer. Mentioned below are our key partnerships:

5. Definitions:

Unless indicated otherwise, the capitalized terms have the meanings given below:

5.1. “Applicable Law(s)” means all applicable statutes, enactments, acts of legislatures or the USA Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court and applicable international treaties and regulations, in force at the relevant time in USA.

5.2. “Min-KYC Wallet” is the Wallet issued to you after you provide us ‘minimum details’ about yourself, these are: your name, mobile number verified with One Time Pin (“OTP”) and the unique identification number given on any of your ‘officially valid documents’ (“OVD”) (or in the limited case of Min-KYC Wallet, in place of OVD, you may provide the unique identity/identification number of any ‘mandatory document’ as defined in RBI Regulations). The types of OVD we accept are given on the Platform and are in line with Applicable Law. The features of different types of Wallets within this category are described in greater detail in clauses 8.4 of these Terms.

5.3. “Full KYC Wallet” is the Wallet issued to you after completing your full KYC according to the relevant RBI Regulations. The features of different types of Wallets within this category are described in greater detail in clauses 8.4 of these Terms.

5.4. “KYC” stands for ‘Know Your Customer’ and is a process prescribed under Applicable Law. Livquick will collect and authenticate your personal identification details to undertake KYC according to Applicable Law and RBI Regulations, before it issues you a Wallet (wherever needed) and offers you related Services.

5.6. “Wallet Account” is the account associated with the Wallet issued to you by the Bank.

5.7. “Person-to-Bank Transfer” is a facility allowing you to transfer funds from your Wallet to any bank account.

5.8. “Person-to-Person Transfer” is a facility allowing you to transfer funds from your Wallet to any other individual’s prepaid payment instrument or bank account (as permitted from time to time).

5.9. “Person-to-Merchant Transfer” is a facility allowing you to transfer funds from your Wallet to any merchant (who accepts payments from the Wallet for purchase of its goods and services).

6. Privacy and data security

6.1. Our Privacy Policy:

The privacy of your information is important to us. Our Privacy Policy explains in detail how we manage your data when you use our Services. Please review this policy closely, because you must agree to the Privacy Policy before using our Services.

6.2. Third Party Access:

We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose.

6.3. Despite our best efforts:

you understand that transmissions on the internet cannot always be secure. You are responsible for safeguarding your mobile device, phone number, one-time passwords, log-in credentials and any other information used to access our Services. If you do not take necessary safeguards you will be responsible, within limits imposed by law, for any loss associated with the unauthorized use of your YUME Account and Wallet Account.

7. Services & Process

YUME is a marketing technology platform that incentivizes users to make lifestyle purchases using payment services via YUME's co-brand partners and share their experiences on social media.

YUME Account: Before you can apply to open a Wallet Account, you must create a profile with YUME through the Platform (“YUME Account”). Once you have successfully opened a YUME Account, you can use the Platform and apply for financial products via our Co-Brand partners.

To create a YUME Account, you must provide us with:

Your phone number (which we will authenticate with a one-time password)
Permission for YUME to access your SMS, contacts, location data, installed applications, and such other device data that YUME may require (from time to time) to provide you the Services.
Your social media details and permission to read, and collect data from your social media profiles, including explicitly shared information, public data, and data collected via third-party platforms.

At the time of creating the YUME Account or any time after that (while you are using the Services), YUME may also ask you to provide details about yourself which include without limitation:

Your name,
Email address,
Date of birth,
Residential address,
Employment type and place of work,
Any demographic data,

Collectively, this information (that you provide to YUME) is referred to as “YUME Account Data”. The types of data that come under the category of YUME Account Data have been described in greater detail in the Privacy Policy and are incorporated here by reference. Use of the YUME Account Data will be governed by the Privacy Policy and these Terms.

You must add such information and documents requested in the manner prompted on the Platform. If you revoke any permissions on the Platform, we may restrict or deny your use of the Platform (or any of its features) to the extent that such information or documentation is necessary to provide you with the Services.

If we believe that the information you provide to us is unreliable or incorrect, then we may (at our discretion) disallow you from opening a YUME Account or Wallet Account. If we discover any deficiency in the information provided by you on a later date, we may terminate your YUME Account and your Wallet Account. Please note that we may (from time to time) ask you to provide us with information about yourself to allow you to continue using the Platform and its Services.

8. Points payout

8.1.1. Miscellaneous:

1. No interest will be payable to you on the balance reflected in the Wallet.

2. Wallets are not transferable.

3. We can suspend/discontinue the Wallets issued to you at any time, for any cause, including but not limited, to the following:

For any suspected violation of RBI Regulations/Applicable Law;
For any violation of these Terms or the Privacy Policy;
For any suspected discrepancy in the particulars provided by you, information provided by you to do KYC, or documentation or YUME Account Data provided by you;
To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
On account of technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
On account of any transmission deficiencies;
If the mobile connection with which your Wallet is related is unoperational; and
If we believe, that cessation/suspension is necessary for any other legitimate purpose.

8.1.2. Wallet charges

1. Any amount in your Wallet that is utilized towards making payments for any transaction is automatically debited from your Wallet. The responsibility of the PPI issuer is limited to debiting your Wallet and paying any merchant that you transact with. We do not endorse, promote, champion or warrant any goods or services that you buy using the Wallet.

2. We have the right to levy charges on any amounts loaded to the Wallet or any amounts spent/ transferred by you while using your Wallet. We will let you know what these charges are through the Platform.

3. We reserve the right to set off any balance in the Wallet against amounts due for transactions processed as per your request.

8.4.7. Refunds

1. Refunds in case of failed/ returned/ rejected/ cancelled transactions will be applied to your Wallet, to the extent that the payment was made initially by a debit to the Wallet, even if such refund results in exceeding the limit prescribed for that category of Wallet.

2. If you wish to receive a refund on an amount that has been debited from your Wallet on some any other ground, please email us at help@hellowyume.com and explain the circumstances and your reason for the request.

3. If your request is valid, we will make reasonable efforts to honour the request and refund the amount in question to your Wallet subject to Applicable Laws.

4. Refund requests may not be entertained for transactions those are reversed/reverted if they’re processed due to some technical issue in our system or some suspicious activity found in a transaction.

5. We will try to respond to your refund requests at the earliest. However, we will not be responsible for any delays which are outside our control or are due to third parties such as merchants who we rely on to process your refund requests. Please note that we do not undertake any liability for the processing of the refund requests.

9. Fees

1. YUME platform is free to use. We may charge a fee for providing our Services, which we will convey to you through the Platform, (including any periodic revisions). Rest assured that we will let you know before charging you anything.

10. Unauthorized use of the Platform

Tell us at once if you believe your Wallet Account or YUME Account has been accessed without your permission. If you feel something of this sort has occurred, please email us at help@helloyume.com. We also have a chat feature within our Platform which you can use. The sooner you tell us about the breach, the better equipped we will be to avoid/ minimize any loss.

11. Third party disclosures

1. We may disclose the information you provide us to third parties: (i) where it is necessary or helpful for completing a transaction; (ii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iii) to service providers who administer the Wallet or perform data processing, records management , collections, and other similar services for us, in order that they may perform those services; (iv) in order to prevent, investigate or report possible illegal activity; (v) in order to issue authorizations for transactions; and (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.

2. YUME may (from time to time) allow third party service providers to offer their users the ability to log-in to their websites/mobile applications through the YUME Account log-in credentials. YUME does not endorse these third party websites and applications that allow you to sign in with YUME Account log-in credentials, and takes no responsibility for them.

12. Termination

We may terminate the Services we provide at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes.

13. Opt-out request

1. In case you do not want to continue using our Platform and the Services and want to deactivate your YUME Account, and/or unsubscribe from the mailing lists, or you do not agree with any provision of these Terms and wish to opt out of receiving our Services, please contact us at help@helloyume.com.

2. Electronic communication

By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes.

Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address.

14. Indemnity

You agree to indemnify, defend and hold harmless, us, our affiliates, officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to (i) your access to or use of the Platform and/or Services; (ii) your breach of these Terms and the Privacy Policy, (iii) your improper use of the Platform and/or Services; or (iv) your breach of any Applicable Laws or third-party rights.

15. Limitation of liability

1. You agree that access and use of the Services is at your own risk. Except as required by law, you agree that YUME will not be liable for any harms arising out of your use of the Services, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, even if we have advised you of the possibility of such harms.

2. In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to INR 5000.

3. We will not be liable, for instance:

if, through no fault of ours, your Wallet does not have sufficient funds for the transaction or funds are unavailable for withdrawal;
if a computer system, ATM, or PoS terminal was not working properly and you knew about the problem when you started the transaction;
if the ATM where you are making the transaction does not have enough cash;
if a merchant refuses to honour the payment made through the Wallet;
if circumstances beyond our control (including but not limited to fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
if you attempt to use a Physical Card that has not been properly activated; or
if the Physical Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you.

16. Disclaimer of warranties

16.1. We make reasonable efforts to make the Platform and/or Services available, but we make no representations or warranties regarding the same, including the time needed to complete transaction processing because this is dependent on many factors outside our control.

16.2. YUME through the Platform only helps you gain access to your Wallet. YUME is not liable for any losses that may occur as a result of the acts or omissions of any other third party service providers.

16.3. The Platform and Services are provided on an “as is” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform, including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors. In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees or agents be liable for any special, incidental, punitive, direct, indirect or consequential damages or losses suffered as a consequence of a breach of the Terms by another user or arising out of the use of, or the reliance on, any of the Services or the Platform.

17. Obligations and restrictions on you

1. No scaling or jeopardizing our platform: You agree to not interfere with or use non-public areas of our Platform and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your YUME Account. We may further report such actions to the appropriate law enforcement authorities and initiate legal action.

2. No commercial usage: You shall use the Services only for your lawful and personal use.

3. No illegal usage: You shall not use the Platform or the Services for committing fraud, embezzlement, money laundering or for any other unlawful and/or illegal purposes.

4. Duty to provide true information: The information you provide is used by us and the Bank to determine your eligibility and continuing use of your Wallet. It is critical that all information you provide to us is true, complete, not misleading and is regularly updated by you. If all or any part of this information is incorrect, incomplete or misleading, it would be a breach of these Terms and a violation of the law. We may approach appropriate authorities to initiate legal action against you. You must further ensure that you do not do anything that can make the information provided by you incorrect, incomplete or misleading at a later date. If you discover any information provided is incorrect, incomplete or misleading, then please write to our Grievance Officer (details given below) immediately.

5. Duty to be responsible: Considering the nature of the Platform and Services provided, please ensure that you keep your mobile device safe. You are solely responsible for all activities that occur under your credentials on the Platform and for any amounts debited from or credited to your Wallet. You should keep your password safe and not disclose your YUME Account details to any third party or share your YUME Account with any third party. If you think someone has gained access to your YUME Account or your Wallet Account without your permission, please contact our Grievance Officer immediately.

6. Ensure compatibility and keep updated: You must ensure that you keep updating the Platform as and when we release new versions of it. Failure to do so may make you incapable of using the Platform and our Services.

18. Force majeure

Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

19. Intellectual property

1. All of the content on the Platform, including, all images, illustrations, graphics, video clips, text, reports generated, trademarks, as well as the underlying code of the Platform (“Platform Content”), constitutes our intellectual property (of YUME or one of YUME partners as the case may be).

2. We give you a limited, non-transferrable, non-sub-licensable and revocable license to access the Platform, avail of the features of the Platform for your personal, lawful requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Platform Content, features or facilities, directly or indirectly, without our prior written permission.

20. Governing law & arbitration

20.1. These Terms and any action related thereto will be governed by Applicable Law. Any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, “Dispute”) shall be subject to the jurisdiction of the courts located at Mumbai.

20.2. Any and all Disputes shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by YUME. The seat and venue of arbitration shall be Mumbai. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.

21. General provisions

1. Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction.

2. Waiver: Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the Platform, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.

3. Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration shall survive the efflux of time and the termination of these Terms.

4. Severability: If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under Applicable Law.

22. Regulatory changes

You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner.

23. Third party content and advertisements

We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties.

24. Customer support and grievance redressal

In order to address any questions or grievances that you may have regarding the use of your YUME Account, please contact our Grievance Officer:

Office hours: 12 noon to 7 PM.

Email address: help@helloyume.com