Terms of Service
Acceptance of Terms
Welcome to Mafimo, a family-first matchmaking and matrimony platform operated by MakeFirstMove ("Company", "we", "us", or "our"). These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Mafimo platform, including our website, mobile applications, APIs, and all related services (collectively, the "Service").
By accessing, browsing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. This Agreement is a legally binding contract between you ("User", "you", or "your") and MakeFirstMove. If you do not agree to all of these Terms, you must immediately discontinue use of the Service.
These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By accepting these Terms, you also consent to the data practices described in the Privacy Policy. Together, these documents constitute the complete agreement between you and MakeFirstMove regarding your use of the Service.
We reserve the right to update or modify these Terms at any time, as described in Section 21. Your continued use of the Service following any changes constitutes your acceptance of such changes.
Definitions
For the purposes of these Terms of Service, the following definitions shall apply:
- "Service" refers to the Mafimo platform in its entirety, including but not limited to the website (mafimo.com), mobile applications (Android and iOS), application programming interfaces (APIs), and all features, tools, and functionalities provided therein.
- "User" refers to any individual who accesses, registers on, or uses the Service, whether for themselves or on behalf of a family member with their explicit consent.
- "Account" refers to the registered profile and credentials created by a User to access and use the Service, including all associated settings, preferences, and data.
- "Profile" refers to the matrimonial profile created within the Service, containing personal details, photographs, preferences, and other information intended for matchmaking purposes.
- "Family Member" refers to any individual (such as a parent, sibling, guardian, or relative) who has been invited by and granted access to a User's Account by the profile owner for the purpose of assisting in the matchmaking process.
- "Family Network" refers to the collective group of Family Members associated with a particular User Account who collaborate in the matchmaking process on behalf of the profile owner.
- "Content" refers to all user-generated information, including but not limited to text, photographs, biographical details, preferences, messages, reviews, and any other material uploaded, submitted, or transmitted through the Service.
- "Verification" refers to the identity confirmation process available through the Service, including Aadhaar offline KYC, email verification, and phone number verification, intended to enhance trust and authenticity on the platform.
- "Company" refers to MakeFirstMove, the legal entity that owns, operates, and maintains the Mafimo platform, registered and headquartered in India.
Eligibility
To use the Service, you must meet all of the following eligibility requirements:
- Minimum Age: You must be at least 18 years of age at the time of registration. By creating an Account, you represent and warrant that you are 18 years of age or older. MakeFirstMove reserves the right to request proof of age at any time and to suspend or terminate Accounts where the User is found to be underage.
- Legal Capacity: You must be legally competent to enter into a binding contract under the laws of India, specifically the Indian Contract Act, 1872. Persons who are disqualified from contracting under any applicable law are not permitted to use the Service.
- No Legal Prohibition: You must not be prohibited by any applicable law, court order, or regulatory authority from using the Service or entering into matrimonial arrangements. This includes, but is not limited to, individuals who are currently married and not legally separated or divorced (unless creating a profile for a legitimate remarriage purpose in accordance with applicable personal laws).
- Matrimonial Purpose: You must be using the Service solely for the purpose of seeking a life partner for yourself or for a family member with their explicit, informed, and voluntary consent. Any use of the Service for purposes other than genuine matrimonial matchmaking is strictly prohibited.
- Residency: You must be an Indian resident, a person of Indian origin residing abroad, or otherwise legally eligible to use services offered from India. You are responsible for ensuring compliance with the laws of your jurisdiction.
- Single Account: Each individual may maintain only one Account on the Service. Creating multiple Accounts for the same person, whether by the same User or different family members, is a violation of these Terms and may result in suspension or termination of all associated Accounts.
By registering for and using the Service, you represent and warrant that you meet all of the above eligibility requirements. MakeFirstMove reserves the right to verify your eligibility at any time and to refuse or revoke access to the Service if any eligibility criteria are not met.
Account Registration & Security
To access the full features of the Service, you must create an Account by providing accurate, current, and complete registration information as prompted by the registration process.
Accurate Information: You agree to provide truthful and accurate information during registration and to keep your Account information updated at all times. Providing false, misleading, or outdated information constitutes a violation of these Terms and may result in immediate suspension or termination of your Account.
Account Confidentiality: You are responsible for maintaining the confidentiality of your Account credentials, including your password, OTP, and any other authentication mechanism. You agree not to share your login credentials with any third party, except as expressly permitted through the Family Accounts feature described in Section 5.
Unauthorized Access: You agree to notify MakeFirstMove immediately at support@mafimo.com if you become aware of or suspect any unauthorized access to or use of your Account. Prompt notification enables us to take appropriate measures to protect your Account and personal information.
Responsibility for Account Activity: You are solely responsible for all activities that occur under your Account, whether or not you have authorized such activities. MakeFirstMove shall not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials.
Right to Suspend or Terminate: MakeFirstMove reserves the right to suspend, disable, or terminate your Account at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or suspicious activity, or if required to do so by law or regulatory authority.
Multi-Device Access: You may access your Account from multiple devices simultaneously. However, you remain responsible for maintaining the security of each device used to access the Service and for all activity conducted from any device logged into your Account.
Family Accounts & Shared Access
Mafimo is built on the belief that finding a life partner is a family endeavour. The Family Accounts feature allows Users to involve trusted family members in the matchmaking process while maintaining full control over their Profile.
Adding Family Members: Users may invite family members — including parents, siblings, guardians, and other relatives — to participate in their matchmaking journey. Family Members are added through the platform's invitation system and must accept the invitation and agree to these Terms before gaining access.
Family Member Capabilities: Once added, Family Members may, subject to the permissions granted by the profile owner:
- View the profile owner's Profile and matchmaking preferences
- Browse and view potential match Profiles
- Share favourite Profiles and recommendations within the Family Network
- Help shortlist prospective matches
- Receive notifications about new matches and profile activity
Profile Owner Control: The profile owner maintains ultimate and absolute control over their Profile and Account at all times. This includes the right to:
- Determine which information is visible to Family Members
- Approve or reject actions taken by Family Members
- Override any shortlisting or recommendation made by Family Members
- Restrict or expand Family Member permissions at any time
Consent Requirement: Adding a Family Member to your Account requires their explicit consent. You must not add anyone as a Family Member without their knowledge and voluntary agreement. Similarly, creating a Profile on behalf of another person requires their explicit, informed consent.
Privacy Within Family Networks: Family Members shall only have access to information that the profile owner has expressly permitted them to view. Sensitive personal details, private communications, and certain profile data may be restricted from Family Member access at the profile owner's discretion.
Removal of Family Members: The profile owner may remove a Family Member from their Account at any time. Upon removal, the Family Member's access to the profile owner's Account, Profile, and all associated data is revoked immediately and completely. Removed Family Members will no longer receive notifications or have any visibility into the profile owner's matchmaking activity.
Family Member Responsibility: Family Members agree to use their access responsibly and solely for the purpose of assisting in the matchmaking process. Any misuse of shared access, including unauthorized sharing of information, harassment of potential matches, or actions taken without the profile owner's knowledge, constitutes a violation of these Terms.
User Conduct & Prohibited Activities
You agree to use the Service responsibly, ethically, and in accordance with these Terms and all applicable laws. The following conduct is strictly prohibited:
- False Information: Providing false, misleading, inaccurate, or fraudulent information in your Profile, during registration, or in any communication through or related to the Service.
- Harassment & Abuse: Engaging in harassment, bullying, intimidation, stalking, or any form of abusive behaviour towards other Users, their Family Members, or MakeFirstMove staff.
- Commercial Solicitation: Using the Service for commercial purposes, advertising, solicitation, promotion of products or services, or any form of spam, whether directly or indirectly.
- Scraping & Automation: Using automated tools, bots, crawlers, scrapers, or any other automated means to access, collect data from, or interact with the Service without MakeFirstMove's prior written consent.
- Impersonation: Impersonating any person, entity, or organisation, or falsely claiming an affiliation with any person, entity, or organisation, including MakeFirstMove.
- Offensive Content: Uploading, posting, or transmitting any content that is obscene, vulgar, sexually explicit, defamatory, discriminatory, hateful, threatening, or otherwise objectionable or inappropriate for a matrimonial platform.
- Fraud & Deception: Engaging in any fraudulent activity, including but not limited to financial fraud, romance scams, dowry solicitation, or any scheme designed to deceive or defraud other Users.
- Circumventing Verification: Attempting to circumvent, disable, or interfere with the platform's identity verification processes, security features, or content moderation systems.
- Unauthorized Profile Creation: Creating a Profile for another person without their explicit, informed, and voluntary consent, or creating Profiles for fictitious persons.
- Non-Matrimonial Use: Using the Service for any purpose other than genuine matrimonial matchmaking, including but not limited to casual dating, extramarital relationships, or any purpose inconsistent with the platform's intended use.
- Intellectual Property Infringement: Uploading or distributing content that infringes upon the intellectual property rights, privacy rights, or any other rights of third parties.
- Malicious Software: Uploading, transmitting, or distributing viruses, malware, spyware, or any other harmful or destructive code or software.
- Platform Interference: Taking any action that imposes an unreasonable burden on the Service's infrastructure, interferes with the proper functioning of the platform, or disrupts other Users' experience.
- Legal Violations: Engaging in any activity that violates applicable local, state, national, or international laws, regulations, or court orders.
MakeFirstMove reserves the right to investigate suspected violations of these rules and to take appropriate action, including issuing warnings, suspending or terminating Accounts, removing Content, reporting to law enforcement authorities, and pursuing legal remedies.
Profile Content & Accuracy
Content Ownership: You retain all ownership rights to the Content you create, upload, or submit to the Service. By submitting Content, you do not transfer ownership of that Content to MakeFirstMove.
License Grant: By submitting Content to the Service, you grant MakeFirstMove a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and modify your Content solely for the purposes of operating, improving, and promoting the Service. This licence continues for as long as your Content remains on the platform and for a reasonable period thereafter necessary for backup, archival, and legal compliance purposes. Upon Account deletion, this licence terminates except as needed for the aforementioned purposes.
Truthfulness Requirement: You represent and warrant that all Content you submit is truthful, accurate, and not misleading. This includes, but is not limited to, your personal details, photographs, educational qualifications, professional information, family details, and matrimonial preferences. Deliberately providing false or misleading information may result in Account suspension or termination and may expose you to legal liability.
Third-Party Rights: You represent and warrant that your Content does not infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party. You must have all necessary permissions, licences, and consents to submit the Content to the Service.
Content Removal: MakeFirstMove reserves the right, but is not obligated, to review, monitor, and remove any Content that, in our sole discretion, violates these Terms, is objectionable, or may expose MakeFirstMove or its Users to harm or liability. We may also remove Content in response to valid legal requests or court orders.
Profile Completeness: While not all Profile fields are mandatory, Users are encouraged to complete their Profiles as fully and accurately as possible. A complete Profile improves match quality and demonstrates genuine intent. MakeFirstMove may display completeness indicators and may prioritise more complete Profiles in search results and recommendations.
Photographs: All photographs uploaded must be recent, clear, and accurately represent the individual for whom the Profile has been created. Photographs must not contain nudity, offensive imagery, heavy filters or alterations that misrepresent appearance, or images of persons other than the profile subject (except in group photographs where the subject is identifiable).
Identity Verification
Mafimo offers identity verification features to enhance trust, safety, and authenticity across the platform. Verification is designed to help Users make informed decisions when considering potential matches.
Aadhaar Offline KYC: The primary identity verification method on Mafimo utilises the Aadhaar Offline KYC process, as permitted by the Unique Identification Authority of India (UIDAI). This process involves the User downloading their Aadhaar XML or sharing their Aadhaar details through the offline verification mechanism. No Aadhaar number is stored by MakeFirstMove; only the verification status and limited demographic information (as permitted) are retained.
Consent: Identity verification is entirely voluntary. By choosing to verify your identity, you explicitly consent to the verification process and acknowledge that your verification status will be visible to other Users of the platform. You may withdraw your consent at any time, which will result in the removal of your verified status.
Verification Status: Verified Users will display a verification badge on their Profile, indicating that their identity has been confirmed through the applicable verification process. This badge is intended to build trust among Users and does not constitute an endorsement, recommendation, or guarantee by MakeFirstMove regarding the User's character, intentions, or suitability as a match.
Email and Phone Verification: In addition to Aadhaar verification, the Service may require or offer email address and phone number verification. These verifications confirm that the User has access to the email address and phone number associated with their Account.
Voluntary but Encouraged: While identity verification is not mandatory to use the Service, it is strongly encouraged. Verified Profiles may receive preferential treatment in search results, and some Users may choose to interact only with verified Profiles. MakeFirstMove reserves the right to make verification mandatory for certain features in the future, with appropriate notice.
Verified Badge Meaning: The verified badge confirms only that the User has successfully completed the specified verification process. It does not verify or guarantee the accuracy of other Profile information, the User's intentions, financial status, character, or any other attribute not directly covered by the verification process.
Non-Transferability: Verification status is personal to the User and non-transferable. Attempting to transfer, share, or misrepresent verification status is a serious violation of these Terms and will result in immediate Account termination.
Communication Between Users
Mafimo is intentionally designed without in-app messaging or chat features. We believe that meaningful matrimonial conversations are best conducted through direct, personal communication channels.
Direct Contact Model: When two Users express mutual interest, the Service facilitates the exchange of contact information (as permitted by each User's privacy settings) to enable direct communication through personal channels such as phone calls, WhatsApp, email, or other means chosen by the Users themselves.
User Responsibility: All communications that occur outside the Mafimo platform are solely between the participating Users. You are entirely responsible for your own communications, conduct, and interactions with other Users. MakeFirstMove does not monitor, mediate, or have any control over communications that take place outside the platform.
Safety Guidelines: For your safety and well-being, MakeFirstMove strongly recommends the following practices when communicating with and meeting potential matches:
- Meet in Public Places: Always arrange first meetings in public, well-populated locations such as restaurants, cafes, or community centres.
- Involve Family: Leverage Mafimo's family-first approach by involving your family members in the communication and meeting process. Family involvement adds an additional layer of safety and due diligence.
- Verify Information: Take reasonable steps to verify the information provided by potential matches before sharing personal or sensitive details.
- Protect Personal Information: Exercise caution when sharing sensitive personal information such as financial details, home address, or workplace address, especially in early interactions.
- Report Suspicious Behaviour: If you encounter any suspicious, fraudulent, or threatening behaviour from another User, report it immediately to MakeFirstMove at support@mafimo.com. Prompt reporting helps us protect the entire community.
- Trust Your Instincts: If something feels wrong or uncomfortable during any interaction, trust your instincts and discontinue contact. Your safety is paramount.
Limitation of Liability: MakeFirstMove is not a party to any communication, meeting, arrangement, or agreement between Users. We shall not be liable for any loss, damage, injury, or harm arising from User interactions that occur outside the platform, whether online or in person. By using the Service, you acknowledge and accept this limitation.
Profile Sharing & Visibility
Mafimo provides flexible profile sharing and visibility controls to give Users full authority over who can view their information and how their Profiles are shared.
Default Visibility: By default, Profiles on the Service are visible to other registered Users in accordance with the profile owner's privacy settings. The extent of information visible to other Users depends on the privacy preferences configured by the profile owner.
Shareable Profile Links: The Service allows Users to generate shareable profile links that can be shared outside the platform via email, messaging apps, social media, or any other channel. Profiles accessed through shareable links may be viewable without requiring a Mafimo Account or login, depending on the privacy settings configured by the profile owner. Users who generate and share these links do so at their own discretion and responsibility.
Family Network Sharing: Family Members with appropriate permissions may share Profiles of potential matches within the Family Network. This feature enables collaborative matchmaking, allowing family members to recommend and discuss potential matches. Profile sharing within Family Networks is governed by the permissions set by the respective profile owners.
Visibility Controls: Users have granular control over their Profile visibility, including the ability to:
- Choose which sections of their Profile are visible to all Users, verified Users only, or Family Networks only
- Control whether their full Profile or only a summary is displayed in search results
- Restrict visibility of specific information such as contact details, photographs, or family information
- Set preferences for who can view their Profile based on various criteria
Hidden/Inactive Profiles: Users may set their Profile to hidden or inactive status at any time. A hidden Profile will not appear in search results, recommendations, or be accessible to other Users (except those who have previously saved or shortlisted the Profile, who will see an "inactive" status). Making a Profile hidden does not delete the Account or its data; it merely suspends visibility to other Users. Users can reactivate their Profile at any time.
No Guarantee of Privacy: While MakeFirstMove implements reasonable measures to enforce privacy settings, we cannot guarantee that information shared on the platform will not be captured, copied, or redistributed by other Users through screenshots, screen recordings, or other means. Users should exercise judgment regarding the information they share on the platform.
Intellectual Property
MakeFirstMove Intellectual Property: The Service, including but not limited to its design, layout, user interface, features, functionality, algorithms, source code, object code, software, graphics, logos, trademarks, service marks, trade names, and all associated intellectual property (collectively, "MakeFirstMove IP"), is owned by or licensed to MakeFirstMove and is protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws of India and international jurisdictions.
User Content: As stated in Section 7, Users retain ownership of their Content. The licence granted to MakeFirstMove is limited to the purposes described in these Terms and does not transfer ownership of User Content to MakeFirstMove.
Restrictions: You agree not to:
- Copy, reproduce, distribute, publish, display, perform, or create derivative works of any MakeFirstMove IP without prior written consent
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service
- Modify, adapt, translate, or create derivative works based on the Service or any part thereof
- Remove, alter, or obscure any copyright notices, trademark notices, or other proprietary rights notices affixed to or contained within the Service
- Use MakeFirstMove's name, logo, trademarks, or branding in any manner without prior written authorisation
- Frame, mirror, or otherwise simulate the appearance or function of the Service on any other platform or medium
Trademark Notice: "Mafimo", "MakeFirstMove", and all associated logos, icons, and design elements are trademarks or registered trademarks of MakeFirstMove. All other trademarks, service marks, and trade names appearing on the Service are the property of their respective owners.
Feedback: If you provide MakeFirstMove with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you hereby grant MakeFirstMove an irrevocable, perpetual, royalty-free, worldwide licence to use, modify, and incorporate such Feedback into the Service without any obligation of compensation, attribution, or confidentiality to you.
Fees & Premium Services
Currently Free: As of the effective date of these Terms, the Service is provided entirely free of charge. All core matchmaking features, including profile creation, search, family sharing, profile sharing, shortlisting, and identity verification, are available to all Users at no cost.
Commitment to Free Core Features: Mafimo's core matchmaking features will always remain free. Our mission is to make quality matrimonial matchmaking accessible to everyone, and we are committed to ensuring that the essential functionality of the platform remains available without charge.
Future Premium Features: MakeFirstMove reserves the right to introduce optional premium features, enhanced services, or subscription plans in the future. If and when premium features are introduced:
- Clear Communication: Users will be informed of any new premium features, their pricing, and their terms through prominent notices on the platform and, where applicable, via email notification at least 30 days before launch.
- No Retroactive Charges: No User will ever be charged retroactively for features that were previously free. If a previously free feature transitions to a premium model, existing Users will receive appropriate notice and, where feasible, a grace period.
- Transparent Pricing: All pricing will be clearly displayed before any purchase, and Users will have full visibility into what they are paying for.
- Subscription Management: Users who subscribe to premium features will have full control over their subscriptions, including the ability to upgrade, downgrade, or cancel at any time through their Account settings.
- Refund Policy: In the event that premium features are introduced, a fair and transparent refund policy will be established and communicated to Users. Refund requests will be handled in accordance with applicable consumer protection laws, including the Consumer Protection Act, 2019.
Third-Party Services: The Service may contain links to or integrations with third-party services that may have their own fees, terms, and conditions. MakeFirstMove is not responsible for any charges incurred through third-party services.
Disclaimers
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF MAKEFIRSTMOVE AND ITS AFFILIATES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MAKEFIRSTMOVE DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT:
- THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE
- ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED
- THE SERVICE WILL BE COMPATIBLE WITH ALL DEVICES, BROWSERS, OR OPERATING SYSTEMS
No Guarantee of Match: MakeFirstMove does not guarantee that you will find a suitable match or life partner through the Service. The success of matchmaking depends on numerous factors beyond our control, including User engagement, compatibility, and personal preferences. The Service is a platform that facilitates introductions; it does not guarantee outcomes.
No Guarantee of User Information Accuracy: While MakeFirstMove encourages Users to provide accurate information and offers identity verification features, we do not independently verify the accuracy, completeness, or truthfulness of all information provided by Users. You are solely responsible for evaluating the accuracy and reliability of information provided by other Users, and you should conduct your own due diligence before making any decisions based on such information.
User Interactions: MakeFirstMove is not responsible for the conduct, behaviour, or actions of any User, whether on or off the platform. You use the Service and interact with other Users at your own risk. MakeFirstMove does not conduct criminal background checks, character references, or comprehensive identity verification beyond the optional features described in these Terms.
Compatibility of Matches: Any compatibility scores, recommendations, suggestions, or matchmaking algorithms provided by the Service are based on the information available to us and are offered as guidance only. MakeFirstMove makes no representation or warranty regarding the actual compatibility, suitability, or character of any User or potential match.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKEFIRSTMOVE EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, AND YOU HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL CLAIMS AGAINST MAKEFIRSTMOVE RELATED TO THE SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAKEFIRSTMOVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
- PERSONAL INJURY OR EMOTIONAL DISTRESS
- COST OF PROCUREMENT OF SUBSTITUTE SERVICES
- DAMAGES ARISING FROM RELIANCE ON INFORMATION PROVIDED BY OTHER USERS
- DAMAGES ARISING FROM INTERACTIONS OR MEETINGS WITH OTHER USERS
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR CONTENT
- ANY OTHER INTANGIBLE LOSSES
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MAKEFIRSTMOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability Cap: To the maximum extent permitted by applicable law, MakeFirstMove's total aggregate liability to you for all claims arising out of or relating to these Terms or the use of the Service shall not exceed the total amount you have paid to MakeFirstMove in the twelve (12) months immediately preceding the event giving rise to the claim. As the Service is currently provided free of charge, this cap is currently zero (INR 0).
Exceptions: Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is not permitted by applicable law, including but not limited to liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be lawfully excluded or limited under the Consumer Protection Act, 2019, or other applicable Indian legislation.
Jurisdictional Variations: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, MakeFirstMove's liability shall be limited to the maximum extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless MakeFirstMove, its directors, officers, employees, agents, affiliates, partners, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:
- Terms of Service Violations: Your breach or alleged breach of any provision of these Terms, including any representations and warranties made herein.
- User Content: Any Content you upload, submit, post, or transmit through the Service, including claims that such Content infringes or violates the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
- User Interactions: Your interactions, communications, meetings, arrangements, or disputes with other Users, whether on or off the platform, including any claims arising from or related to such interactions.
- Platform Misuse: Any misuse of the Service, including but not limited to prohibited activities described in Section 6, unauthorised access, and any use of the Service in violation of these Terms or applicable law.
- Third-Party Rights Violations: Your violation or alleged violation of any third-party rights, including intellectual property rights, contractual rights, privacy rights, or any other legal rights.
- Family Access Disputes: Any disputes, claims, or liabilities arising from the use of the Family Accounts feature, including disputes between Family Members regarding shared access, profile management decisions, or actions taken by Family Members on your behalf or in relation to your Account.
- Legal Non-Compliance: Your failure to comply with any applicable law, regulation, guideline, or court order in connection with your use of the Service.
MakeFirstMove reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with MakeFirstMove in asserting any available defences. Your indemnification obligations shall survive the termination of your Account and these Terms.
Dispute Resolution
MakeFirstMove is committed to resolving disputes fairly, efficiently, and amicably. If a dispute arises between you and MakeFirstMove in connection with the Service or these Terms, the following process shall apply:
Step 1: Direct Resolution (30 Days)
Before initiating any formal dispute resolution procedure, you agree to first contact MakeFirstMove at support@mafimo.com with a detailed description of your dispute, including relevant facts, your desired resolution, and any supporting documentation. MakeFirstMove will make good-faith efforts to resolve the dispute within thirty (30) calendar days from receipt of your complaint. During this period, both parties agree to cooperate and communicate in good faith to reach an amicable resolution.
Step 2: Mediation
If the dispute is not resolved through direct communication within the 30-day period, either party may propose mediation. Mediation shall be conducted by a mutually agreed-upon mediator with relevant expertise. If the parties cannot agree on a mediator within fifteen (15) days, either party may proceed to arbitration. The costs of mediation shall be shared equally between the parties unless otherwise agreed. Mediation is non-binding and confidential.
Step 3: Arbitration
If the dispute remains unresolved after mediation (or if mediation is waived by mutual agreement), the dispute shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The key terms of arbitration are as follows:
- Seat of Arbitration: India
- Language: English
- Number of Arbitrators: One (1), to be appointed by mutual agreement or, failing agreement, in accordance with the provisions of the Arbitration and Conciliation Act, 1996
- Governing Rules: The arbitration shall be conducted under the rules of the Arbitration and Conciliation Act, 1996
- Costs: Each party shall bear its own costs and expenses in connection with the arbitration, unless the arbitrator determines otherwise in the award
- Award: The arbitrator's award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction
Small Claims Exception: Notwithstanding the above, either party may bring an individual action in a small claims court of competent jurisdiction for disputes that fall within the jurisdictional limits of such court.
Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
Termination
Termination by User: You may terminate your Account and these Terms at any time by deleting your Account through the Account settings within the Service. Upon initiating Account deletion, your Profile will be immediately hidden from other Users, and the deletion process will commence.
Termination by MakeFirstMove: MakeFirstMove reserves the right to suspend or terminate your Account and access to the Service, with or without notice, for any of the following reasons:
- Violation of these Terms of Service or Privacy Policy
- Fraudulent, abusive, or illegal activity
- Conduct that poses a risk to other Users, the platform, or third parties
- Extended period of Account inactivity (with prior notification)
- Request by law enforcement or governmental authority
- Discontinuation of the Service or any part thereof
- Technical or security issues that cannot be reasonably resolved
Effect of Termination: Upon termination of your Account, whether by you or by MakeFirstMove:
- Your access to the Service will be immediately revoked
- Your Profile will be removed from search results, recommendations, and public view
- All shareable profile links associated with your Account will become inactive and inaccessible
- Family Members' access to your Account and Profile will be immediately revoked
- Your personal data will be handled in accordance with the Privacy Policy and applicable data protection laws
Grace Period for Data Export: Upon Account deletion initiated by the User, MakeFirstMove will provide a reasonable grace period (not less than 30 days from the deletion request) during which you may export your personal data from the Service. After the grace period, your data will be permanently deleted from active systems, subject to retention requirements under applicable law and reasonable backup retention periods.
Survival: The following provisions shall survive the termination of these Terms: Sections 7 (Profile Content & Accuracy — licence grant), 11 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 18 (Governing Law & Jurisdiction), and any other provisions that by their nature are intended to survive termination.
Governing Law & Jurisdiction
Governing Law: These Terms of Service and any disputes arising out of or relating to these Terms, the Service, or your relationship with MakeFirstMove shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
Applicable Legislation: Without limiting the generality of the foregoing, the following laws are particularly relevant to the Service and these Terms:
- Information Technology Act, 2000 (and rules thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) — governing electronic transactions, data protection, and intermediary liability
- Consumer Protection Act, 2019 (and rules thereunder) — governing consumer rights, unfair trade practices, and dispute resolution through consumer forums
- Indian Contract Act, 1872 — governing the formation, validity, and enforcement of contracts
- Digital Personal Data Protection Act, 2023 — governing the processing and protection of personal digital data
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 — governing the use and protection of Aadhaar information
Exclusive Jurisdiction: Subject to the dispute resolution procedures set forth in Section 16, the courts of India shall have exclusive jurisdiction over any legal proceedings arising out of or relating to these Terms or the Service. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.
Consumer Forum Rights: Nothing in these Terms shall prevent you from filing a complaint with the appropriate consumer forum under the Consumer Protection Act, 2019, if you believe your consumer rights have been violated.
Severability
General Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid, illegal, void, or unenforceable provision.
Reformation: In the event that any provision is found to be invalid or unenforceable, the parties agree that such provision shall be reformed and interpreted to accomplish the objectives of the original provision to the maximum extent permitted by applicable law. The reformed provision shall be as close as possible to the intent and economic effect of the original provision while remaining valid and enforceable.
No Waiver of Remaining Terms: The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. Each provision of these Terms operates independently, and the invalidity of any one provision does not invalidate any other provision.
Entire Agreement
Complete Agreement: These Terms of Service, together with the Privacy Policy and any other policies, guidelines, or supplemental terms expressly incorporated by reference, constitute the entire agreement between you and MakeFirstMove with respect to your access to and use of the Service. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
Superseding Effect: Any prior terms of service, agreements, or understandings between you and MakeFirstMove relating to the Service are hereby superseded and replaced by these Terms. In the event of any conflict between these Terms and any other document or communication, these Terms shall prevail unless explicitly stated otherwise in a written agreement signed by an authorised representative of MakeFirstMove.
No Waiver: The failure of MakeFirstMove to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorised representative of MakeFirstMove. A waiver of any right or provision on one occasion shall not be deemed a waiver of such right or provision on any subsequent occasion.
Assignment: You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of MakeFirstMove. MakeFirstMove may assign, transfer, or sublicense its rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets.
Changes to Terms
Right to Modify: MakeFirstMove reserves the right to modify, amend, update, or replace these Terms of Service at any time at its sole discretion. Changes may be made to reflect updates to the Service, changes in applicable law, regulatory requirements, or for any other reason MakeFirstMove deems necessary or appropriate.
Notice of Material Changes: For material changes to these Terms — meaning changes that significantly affect your rights, obligations, or use of the Service — MakeFirstMove will provide at least thirty (30) days' advance notice before the changes take effect. Notice will be provided through one or more of the following methods:
- Email notification to the address associated with your Account
- Prominent notice displayed on the Mafimo website and/or application
- In-app notification upon your next login to the Service
- Updated effective date at the top of these Terms
Continued Use as Acceptance: Your continued access to or use of the Service after the effective date of any changes to these Terms constitutes your acceptance of and agreement to the modified Terms. If you access or use the Service after the 30-day notice period, you will be bound by the updated Terms.
Right to Discontinue Use: If you do not agree with any changes to these Terms, you must immediately stop using the Service and delete your Account before the changes take effect. Your continued use of the Service following the effective date of any changes shall be deemed your acceptance of such changes.
Version History: MakeFirstMove will maintain a record of previous versions of these Terms. You may request access to prior versions by contacting us at legal@mafimo.com.
Contact Information
If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or the Mafimo platform, please contact us through any of the following channels:
Legal Inquiries
For questions related to these Terms of Service, Privacy Policy, or other legal matters:
Email: legal@mafimo.com
General Support
For account issues, technical support, bug reports, or general questions about the Service:
Email: support@mafimo.com
Phone
For urgent matters or if you prefer to speak with us directly:
Phone: +91 98765 43210
(Available during business hours, Monday to Saturday, 9:00 AM to 6:00 PM IST)
Company Details
Entity: MakeFirstMove
Product: Mafimo
Country: India
Grievance Officer
In accordance with the Information Technology Act, 2000, and the rules made thereunder, the Grievance Officer for the Service can be contacted at:
Email: legal@mafimo.com
Response Time: We will acknowledge your grievance within 24 hours and endeavour to resolve it within 15 days from the date of receipt, in accordance with applicable law.
Response Times
We aim to respond to all inquiries within the following timeframes:
- General inquiries: Within 2 business days
- Account-related issues: Within 1 business day
- Legal and compliance matters: Within 5 business days
- Safety and security concerns: Within 24 hours
- Grievances under IT Act: Acknowledgement within 24 hours, resolution within 15 days
We value your feedback and are committed to addressing your concerns promptly and professionally. Your communication helps us improve the Service for the entire Mafimo community.