Legal document TOKIFY Listener Terms

Term and Ending of Listener Participation

1. Your status as a Listener will begin once you have completed the required KYC verification and have been approved to participate as a Listener on TOKIFY. Your participation will remain effective unless and until it is ended in accordance with these Listener Terms.
2. TOKIFY may restrict, suspend, or end your access to Listener features at any time where it considers such action necessary or appropriate, including in cases involving policy violations, safety concerns, fraudulent or suspicious activity, failure to meet Listener requirements, or other circumstances affecting the platform or its users. Where appropriate, TOKIFY may communicate such action through email, in-app notification, or another available communication channel.
3. You may choose to discontinue your participation as a Listener at any time by using the account or Listener closure options made available by TOKIFY, or by contacting TOKIFY through the applicable support channel where such closure cannot be completed through the platform.
4. Ending your participation as a Listener will not cancel or remove any rights, responsibilities, payments, claims, or other obligations that arose before the effective date of termination. Any provisions that are intended by their nature to continue after termination will remain effective to the extent permitted by applicable law.

Scope of Listener Services

1. Make yourself available for conversations by setting your Listener profile to an available or online status through TOKIFY.
2. Participate in live audio and video calls with users who connect with you through the platform.
3. Communicate respectfully and appropriately throughout your interactions and follow the TOKIFY Community Guidelines, safety requirements, and other Platform Policies.
4. Maintain an authentic profile and ensure that the name, photographs, description, and other information associated with your Listener profile are accurate and do not intentionally mislead users.
5. Permit TOKIFY to display your Listener profile and relevant profile information within the platform so that users can discover your profile and decide whether to interact with you.
6. Permit appropriate use of your profile and likeness for platform-related purposes, including displaying or promoting the Listener service, where permitted under applicable law and the TOKIFY Privacy Policy.
7. Personally provide the Listener service through your own account. You must not allow another person to operate your Listener account, participate in calls on your behalf, or represent themselves as you.
8. Respect the boundaries and privacy of users and must not use conversations to obtain personal information, money, passwords, OTPs, payment details, or other sensitive information from another person.

Eligibility for Listener Earnings

• Complete the minimum amount of qualifying live audio and/or video call activity specified by TOKIFY.
• Interact with users through genuine conversations and maintain meaningful activity on the platform.
• Complete any training, onboarding, assessment, or certification requirements introduced for Listeners, where applicable.
• Successfully complete the required KYC (Know Your Customer) verification and provide accurate information and documents requested by TOKIFY.
• Maintain compliance with these Listener Terms, the TOKIFY Community Guidelines, and other applicable Platform Policies.
• Remain in good standing and avoid suspensions or restrictions resulting from serious or repeated violations of platform requirements.

Earnings and Payouts

Listeners may earn amounts associated with eligible interactions they conduct through TOKIFY. The amount credited to a Listener may depend on the applicable earning structure, qualifying call activity, user payments, and other monetisation rules in effect on the platform at the relevant time.

1. How earnings are calculatedListener earnings may be calculated based on eligible user activity connected with your interactions on TOKIFY, including applicable call-based earnings, tips, incentives, or other monetised engagement programmes that TOKIFY may make available. The specific rates and calculation method applicable to you will be those displayed or communicated by TOKIFY from time to time.
2. Rates, deductions and changesYour applicable earning rate, platform deductions, taxes, payment-processing charges, and other adjustments may vary depending on the earning programme and applicable requirements. TOKIFY may revise its earning structure or introduce new earning conditions when reasonably necessary. Any applicable changes may be communicated through the TOKIFY App, your account, SMS, WhatsApp, email, or another official communication channel.
3. Availability of earningsAmounts shown in your Listener account may include earnings that are still subject to verification, adjustment, applicable deductions, or other processing requirements. An amount appearing in your dashboard should not automatically be treated as a final amount available for withdrawal.
4. Automatic PayoutsEligible Listener earnings are processed and paid by TOKIFY automatically in accordance with the applicable payout schedule. Listeners do not need to submit a separate withdrawal request. Subject to successful verification, applicable deductions, and other payout requirements, eligible earnings will be processed for payment on the scheduled payout cycle communicated by TOKIFY.
5. Verification and payment informationBefore processing a payout, TOKIFY may require you to complete KYC or other verification procedures and provide accurate payment, tax, identity, or banking information. Where legally or operationally required, you may also be asked to provide documents such as your PAN or other information necessary to process the payment.
6. Taxes and statutory deductionsYou are responsible for complying with the tax obligations applicable to the earnings you receive through TOKIFY. TOKIFY may deduct or withhold taxes or other amounts where required under applicable law and may provide relevant information or documentation where legally required.
7. No manipulation of earningsYou must not attempt to increase your earnings through fake, artificial, manipulated, or unauthorised activity. This includes creating or controlling multiple accounts for improper purposes, arranging artificial calls, misrepresenting call activity, attempting to generate earnings without genuine user interaction, manipulating tips or transactions, or using another person's account. TOKIFY may cancel, reverse, withhold, or forfeit earnings reasonably determined to have resulted from such activity and may restrict, suspend, or terminate the relevant account.
8. Suspicious or disputed activityTOKIFY may temporarily hold, delay, review, or adjust earnings or payouts where there is a reasonable concern regarding fraud, abuse, payment irregularities, policy violations, account ownership, KYC information, or compliance with applicable law. Such action may remain in place until the relevant review is completed.
9. Earnings recordsTOKIFY's records and calculations relating to Listener earnings and account balances will generally be relied upon for payment purposes, except where there is a clear technical, calculation, or administrative error that requires correction.
10. Payout Processing and Unpaid BalancesEligible earnings are processed through TOKIFY's scheduled payout system. Where a payout cannot be completed due to incorrect payment information, failed verification, account restrictions, payment-processing issues, or other applicable circumstances, TOKIFY may hold the relevant amount until the issue is resolved. Any applicable requirements relating to unpaid or pending balances will be communicated through the platform or an official communication channel.
11. No guaranteed incomeBecoming a Listener does not guarantee any particular level of income, number of calls, user interactions, or payout amount. Earnings will depend on actual qualifying activity and the applicable earning structure at the relevant time.
12. Changes to the earning programmeTOKIFY may modify, replace, suspend, or discontinue an earning programme, incentive, rate, payout threshold, or payment method where reasonably necessary for business, operational, legal, security, or platform-related reasons. Where required, material changes will be communicated through an appropriate official channel.

Listener Assurances and Responsibilities

By joining TOKIFY as a Listener, you confirm and agree to the following:

1. Age and legal capacityYou confirm that you are at least 18 years old and legally capable of entering into these Listener Terms. You also confirm that you have the necessary rights and permissions to perform your role as a Listener.
2. Compliance with applicable requirementsYou will use TOKIFY and perform your Listener activities in accordance with applicable laws, these Listener Terms, the TOKIFY Terms of Use, Community Guidelines, Privacy Policy, and other Platform Policies, as they may be updated from time to time.
3. Responsible conductYou will conduct yourself responsibly during your interactions with users and will not knowingly engage in behaviour that could reasonably cause harm to users, compromise platform safety, or seriously damage the reputation or legitimate interests of TOKIFY or Talkisam Private Limited.
4. Accurate informationAll information and documents submitted by you to TOKIFY, including information provided during registration, KYC, verification, payment setup, or other onboarding processes, must be genuine, complete, and accurate. You must promptly notify TOKIFY or update the relevant information when there is a material change.
5. Quality of participationWhen you make yourself available as a Listener, you are expected to participate attentively and communicate in a respectful and appropriate manner. You should make reasonable efforts to provide users with a genuine conversational experience and comply with any reasonable service standards communicated by TOKIFY.
6. Rights in your own contentYou confirm that the content, photographs, recordings, materials, or other information you provide or use in connection with your Listener account does not knowingly violate another person's intellectual property, privacy, publicity, or other legal rights. You remain responsible for obtaining any permission that may be required for material that does not belong to you.
7. Lawful and appropriate interactionsYou must not use calls, video calls, messages, your profile, or any other TOKIFY feature to distribute, request, encourage, or facilitate unlawful, fraudulent, abusive, sexually explicit, harmful, deceptive, or infringing content or activity.
8. User privacy and confidentialityYou must respect information that users share with you during interactions. You must not intentionally collect, record, store, publish, sell, transfer, or disclose a user's personal or confidential information except where authorised by TOKIFY, permitted by these Terms, or required or permitted by applicable law.
9. No misleading representationYou must not falsely represent yourself as a TOKIFY employee, representative, official, or authorised agent, or make commitments on behalf of TOKIFY unless you have received express authorisation to do so.
10. Continuing responsibilityYour obligations under this section continue throughout your participation as a Listener. Certain responsibilities, including those relating to confidentiality, intellectual property, unlawful conduct, and liabilities arising from your prior activities, may continue after your Listener access ends where their nature or applicable law requires them to do so.

Listener Account Details

To maintain a reliable and secure Listener programme, you are responsible for ensuring that the information associated with your TOKIFY account remains accurate and verifiable.

1. Accurate account informationYou must provide genuine, complete, and current information when creating or maintaining your Listener account. This may include your name, contact information, payment details, KYC information, identity documents, and other information reasonably requested by TOKIFY.
2. No misleading identity informationYou must not submit fabricated information, use another person's identity or documents, impersonate another individual, or otherwise configure your account in a manner that could mislead TOKIFY or users about your identity or eligibility as a Listener.
3. Changes to important informationIf you change information that is material to your account, identity, verification, or payments, TOKIFY may require you to complete additional verification or provide supporting documents before the change is accepted.
4. Failure to verifyIf you do not provide information or documents reasonably required to verify your account, or if the information provided cannot be satisfactorily verified, TOKIFY may restrict relevant Listener features, place a hold on applicable account functions or payouts, suspend your Listener access, or terminate your participation, subject to applicable law.
5. Account securityYou are responsible for maintaining the security of your Listener account and must not share your login credentials, verification codes, or access to your account with another person. You should promptly notify TOKIFY if you believe that your account has been accessed or used without your authorisation.

Listener Conduct and Content Requirements

• Act honestly and authentically.You must not create or operate multiple accounts for improper purposes, arrange artificial calls or interactions, generate activity that does not represent genuine user engagement, or manipulate the platform to increase visibility, activity, or earnings.
• Not exploit technical issues.If you discover a significant bug, payment discrepancy, security weakness, or other technical problem that could affect TOKIFY or another user, you must report it through the appropriate support channel rather than attempting to benefit from it or helping others exploit it.
• Follow Listener training and operational instructions.Where TOKIFY requires training, onboarding, assessments, certifications, or specific operating instructions, you must complete and follow them as applicable to your Listener role.
• Keep interactions appropriate.You must not create, share, display, request, or communicate content that violates these Listener Terms, the TOKIFY Community Guidelines, or applicable law.
• Treat users with respect.Harassment, intimidation, threats, bullying, sexual harassment, degrading remarks, abusive behaviour, or targeted comments based on a person's identity, background, religion, beliefs, culture, opinions, or personal characteristics are prohibited.
• Avoid unwanted persuasion.You must not use your position as a Listener to pressure users into adopting, rejecting, or supporting a particular religion, belief system, political position, ideology, or personal viewpoint. Where such subjects arise naturally during a conversation, they may be discussed respectfully without coercion or targeted persuasion.
• Keep criticism constructive.You must not deliberately insult, humiliate, provoke, shame, or make degrading remarks about a user. Differences of opinion are permitted, but disagreements should remain respectful and should not create a hostile or intimidating interaction.
• Not facilitate prohibited transactions.You must not advertise, promote, sell, arrange, or facilitate the sale or transfer of illegal, unauthorised, restricted, or prohibited goods or services through TOKIFY.
• Not threaten or encourage harm.You must not threaten violence, encourage physical harm, engage in serious abusive conduct, or use offensive or abusive language in a manner that violates the Community Guidelines or creates a genuine safety concern.
• Keep interactions within TOKIFY.You must not intentionally move users to another platform, service, website, messaging application, or other off-platform channel for the purpose of bypassing TOKIFY, avoiding applicable charges, arranging direct payments, continuing the same paid interaction elsewhere, or directing users to competing platforms.
• Protect conversations and recordings.You must not independently record, capture, reproduce, download, distribute, publish, or share audio, video, screenshots, recordings, or other material from a user's interaction through TOKIFY outside the platform, except where expressly authorised by TOKIFY or permitted or required by applicable law.

Suspension, Restrictions and Ending Listener Access

TOKIFY needs to be able to take timely action where a Listener account creates a safety, compliance, integrity, or operational concern. Accordingly:

1. Restriction or suspensionTOKIFY may temporarily restrict, suspend, or permanently remove your Listener account, profile, calling privileges, earning features, or other access to the platform where we reasonably consider such action necessary. This may include situations involving a breach of these Listener Terms, the TOKIFY Community Guidelines, other Platform Policies, applicable law, suspected fraud or manipulation, safety concerns, verification issues, or conduct that may adversely affect users or the platform.
2. Immediate protective actionWhere an issue presents a serious risk to users, platform security, financial integrity, or legal compliance, TOKIFY may take action without providing an advance opportunity to respond. Where appropriate, you may subsequently contact TOKIFY through the available review or grievance process.
3. Effect on earnings and opportunitiesA restriction, suspension, or termination may prevent you from receiving further calls, generating additional earnings, or accessing Listener-related features. Subject to any rights you may have under applicable law, TOKIFY will not be liable for earnings, opportunities, interactions, or other benefits that you may have expected to receive but could not receive because of an account action taken under these Terms.
4. Pending earningsAny pending or available earnings may be reviewed before payment where the account action relates to suspected fraud, artificial activity, policy violations, payment irregularities, or other circumstances that may affect the validity of those earnings. Amounts determined to have resulted from prohibited or fraudulent activity may be withheld, reversed, or forfeited to the extent permitted by applicable law.
5. No limitation of other rightsAction taken against your Listener account under this section does not prevent TOKIFY from exercising any other rights or remedies available under these Listener Terms, the Terms of Use, applicable Platform Policies, or applicable law.
6. Account termination by TOKIFYWhere your Listener participation is permanently ended, you must stop representing yourself as a TOKIFY Listener and must not attempt to regain Listener access through another person's account, a newly created account, or any other method intended to circumvent the restriction.
7. Continuing obligationsEnding your Listener access does not release you from obligations that arose before the suspension or termination or from provisions that are intended to remain effective after your participation ends, including obligations relating to confidentiality, intellectual property, payments, liability, indemnification, and dispute resolution.

Intellectual Property and Listener Content

1. You continue to own the original content, material, or other intellectual property that you create and share while providing services through TOKIFY, except to the extent that such material contains or relies on rights belonging to another person. You are responsible for obtaining and maintaining any permissions, licences, consents, or other rights required for the lawful use of third-party material.
2. By using TOKIFY as a Listener, you give Talkisam Private Limited a limited, non-exclusive, royalty-free licence to access, transmit, stream, display, process, store, and otherwise handle your live interactions and related content to the extent reasonably necessary to operate, secure, moderate, improve, and enforce the TOKIFY platform, including for safety, fraud prevention, quality control, and legal or regulatory compliance. This licence does not give TOKIFY ownership of your underlying content and will end when the relevant content is deleted from TOKIFY's systems, except where retention is required or permitted for legitimate legal, safety, security, or operational purposes.

Confidentiality and Protection of Information

1. During your participation as a Listener, you may come across information that is not publicly available. This may include personal details shared by users, information about TOKIFY's internal operations, technology, security measures, policies, business processes, or any other information that a reasonable person would understand to be confidential ("Confidential Information").
2. You must treat all Confidential Information with care and must not disclose, publish, copy, misuse, or make it available to any other person. You may use such information only to the extent necessary to perform your role as a Listener on TOKIFY. You must take reasonable precautions to prevent unauthorised access, use, or disclosure.
3. You must not use information obtained through TOKIFY to contact, identify, locate, track, pressure, solicit, or otherwise engage with a user outside the purpose for which the information was provided. In particular, user contact details, private conversations, personal circumstances, or other non-public information must not be collected or used for personal or commercial purposes.
4. You may disclose Confidential Information where disclosure is required by applicable law, a valid court order, or lawful government or regulatory process. Where legally permitted, you should notify TOKIFY promptly before making such disclosure so that appropriate protective measures may be considered.

Indemnification

1. You agree to indemnify, defend, and hold harmless Talkisam Private Limited, together with its directors, officers, employees, representatives, and authorised agents, from and against any claims, proceedings, losses, liabilities, damages, penalties, costs, and reasonable legal expenses arising out of or relating to:
   • your breach of these Listener Terms, the Terms of Use, Community Guidelines, or any other applicable TOKIFY policy;
   • any inaccurate representation, undertaking, or information provided by you;
   • your conduct, statements, communications, or content shared while participating as a Listener;
   • any allegation that your content, conduct, or use of third-party material infringes or violates another person's intellectual property, privacy, publicity, contractual, or other legal rights;
   • your violation of any applicable law, regulation, or lawful requirement; or
   • any claim, investigation, proceeding, or action brought by a government, regulatory, or other lawful authority arising from your acts or omissions in connection with your Listener activities on TOKIFY.
2. This indemnification obligation applies only to matters arising from your acts, omissions, breach, or unlawful conduct and does not transfer to you any liability that cannot lawfully be imposed on you.

Limitation of Liability

1. To the fullest extent permitted by applicable law, Talkisam Private Limited will not be responsible for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage arising from or relating to your participation as a Listener. This includes, without limitation, loss of income or expected earnings, loss of business or opportunities, loss of data, loss of reputation or goodwill, or other similar losses.
2. To the maximum extent permitted by applicable law, the aggregate liability of Talkisam Private Limited for all claims arising out of or relating to these Listener Terms or your participation as a Listener will not exceed the total amount actually paid to you as Listener earnings through TOKIFY during the three (3) months immediately preceding the event that first gave rise to the relevant claim.
3. Nothing in these Listener Terms is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable law.

Termination of Listener Participation

1. These Listener Terms remain effective for as long as you participate in the TOKIFY Listener programme, unless they are ended earlier by you or Talkisam Private Limited in accordance with this section.
2. You may stop participating as a Listener at any time by closing your Listener account or by contacting TOKIFY Support through the available support channels. Ending your Listener participation does not affect any obligations or liabilities that arose before the termination.
3. Talkisam Private Limited may suspend, restrict, or permanently end your Listener participation, or discontinue the Listener programme altogether, where it considers this reasonably necessary or appropriate, including if:
   • you breach these Listener Terms, the Terms of Use, Community Guidelines, or other applicable TOKIFY policies;
   • you violate applicable law or regulatory requirements;
   • your activity involves fraud, manipulation, abuse, or other prohibited conduct;
   • your conduct creates a safety, security, financial, legal, or reputational risk for TOKIFY or its users; or
   • TOKIFY decides to modify, suspend, or discontinue the Listener programme or any part of it.

Governing Law and Jurisdiction

1. These Listener Terms, and any dispute, claim, or matter arising from or relating to your participation as a Listener on TOKIFY, will be governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles.
2. Subject to any mandatory rights or remedies available to you under applicable law, the courts located in Ernakulam, Kerala, India will have exclusive jurisdiction over disputes arising out of or in connection with these Listener Terms or your participation as a Listener on TOKIFY.

General Provisions

1. Independent Relationship:Your participation as a Listener does not create an employment, agency, partnership, joint venture, franchise, or other similar relationship between you and Talkisam Private Limited. You have no authority to represent TOKIFY, make commitments on its behalf, or otherwise bind the company to any obligation.
2. Transfer of Rights:You may not transfer, assign, or otherwise dispose of your rights or responsibilities under these Listener Terms without our prior written approval. Talkisam Private Limited may transfer or assign its rights and obligations to an affiliate, successor, or third party as part of a merger, restructuring, acquisition, sale of assets, or similar business transaction, where permitted by law.
3. No Waiver:If we do not immediately enforce any right or provision under these Listener Terms, this does not mean that we have waived that right. Any waiver will apply only if expressly made by us in writing and only to the specific circumstance for which it is given.
4. Severability:If any provision of these Listener Terms is determined to be unlawful, invalid, or unenforceable, that provision will be modified or restricted only to the extent necessary to make it enforceable, where legally possible. The remaining provisions will continue to remain effective.
5. Complete Agreement:These Listener Terms, together with the TOKIFY Terms of Use, Community Guidelines, Privacy Policy, Platform Policies, and other documents expressly incorporated into them, constitute the complete understanding between you and Talkisam Private Limited concerning your participation as a Listener and replace any earlier understanding relating to the same subject matter.
6. Non-Exclusive Engagement:Your participation as a Listener is non-exclusive. You are not required to provide services exclusively through TOKIFY, and TOKIFY may engage or make available other Listeners or service providers for the same or similar purposes.
7. Continuing Provisions:Any provision which, by its nature or purpose, is intended to remain effective after your Listener participation ends will continue to apply after termination. This includes provisions concerning confidentiality, intellectual property, indemnification, limitation of liability, payment-related obligations, dispute resolution, and any other rights or obligations that are intended to survive termination.