Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and [Company Legal Name] ("Dhakaiya", "we", "us", or "our"), with its registered office at [Registered Address], Bangladesh. They govern your access to and use of the Dhakaiya mobile application, our website at https://dhakaiyabd.com, and all related features, products, and services (the "Services").

By creating an account, or by accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree, you must not use the Services.

Dhakaiya is a secure messaging and services platform. The Services include, among other things:

• Messaging and calling: one-to-one and group chats, voice calls, and group calls, protected by end-to-end encryption.
• Moments: short-lived stories you can share with your selected audience.
• Multi-device access: the ability to use your account on linked devices.
• Explore: a directory of categories and services, which may include Digital Marketing, Quran Learning, Garments & Fashion, Electric & Electronics, Food & Beverage, Export–Import, IT Institute, Broadband Internet, NGO, Tuition, AI, Multimedia, Kids Zone, and Dhakaiya Works (local services).
• Profile and account tools.

We may add, change, or remove features at any time. Some features may be offered in beta, may vary by region or device, or may be provided by third parties.

To use the Services you must:

• be at least [13] years old, or the minimum age required in your country to use online services without parental consent;
• if you are under 18 (or under the age of majority where you live), have the permission of a parent or legal guardian, who agrees to these Terms on your behalf;
• have the legal capacity to enter into a binding agreement;
• not be barred from using the Services under applicable law; and
• not have been previously banned from the Services for violating these Terms.

If you use the Services on behalf of a business, organization, or institution, you confirm that you are authorized to bind it to these Terms, and "you" includes that entity.

• because of encryption, we cannot recover, restore, or disclose the content of your chats if you lose your device or delete your messages;
• you are responsible for backing up your data; and
• not every feature is end-to-end encrypted (for example, Explore services, public listings, AI features, or communications with service providers). We will tell you when a feature works differently.

You agree to use the Services lawfully, respectfully, and in line with our Community Guidelines. You must not:

1. 1
   Violate any applicable law or regulation, or encourage or assist anyone to do so.
2. 2
   Share content that is illegal, threatening, harassing, defamatory, hateful, obscene, or that exploits or endangers children.
3. 3
   Impersonate any person or entity, or misrepresent your identity or affiliation.
4. 4
   Send spam, bulk or unsolicited messages, chain messages, scams, or deceptive promotions, or use the Services for phishing, fraud, or pyramid or Ponzi schemes.
5. 5
   Distribute malware, or attempt to disrupt, overload, or interfere with the Services or their security.
6. 6
   Access or attempt to access accounts, systems, or data that you are not authorized to access.
7. 7
   Reverse engineer, decompile, copy, modify, or create derivative works of the Services, except as permitted by law.
8. 8
   Use bots, scrapers, or other automated means to access the Services or collect user data, without our written permission.
9. 9
   Create accounts by automated or fraudulent means, or use the Services to evade a ban or suspension.
10. 10
    Collect or harvest personal information about other users without their consent.
11. 11
    Infringe the intellectual property, privacy, or other rights of others.
12. 12
    Use the Services for any unlawful commercial purpose, or resell or sublicense the Services, without our written permission.
13. 13
    Use modified, unofficial, or unauthorized versions of the Dhakaiya app.

Some features may use artificial intelligence to generate text, images, suggestions, or other outputs. You understand that:

• AI outputs may be inaccurate, incomplete, outdated, or inappropriate. They are not professional advice (including legal, medical, financial, or religious advice). Verify important information before relying on it.
• You are responsible for your inputs and for how you use outputs.
• You must not use AI features to create content that violates the law, our Community Guidelines, or the rights of others, including deceptive deepfakes, non-consensual intimate imagery, or harmful misinformation.
• Content submitted to AI features may be processed by us or our service providers as described in our Privacy Policy and is not end-to-end encrypted unless stated otherwise.

The core messaging and calling Services are provided free of charge, though your mobile operator or internet provider may charge you for data. Certain features or Provider services may require payment. If so:

• prices and fees will be shown before you pay;
• payments may be processed by third-party payment partners, and their terms apply;
• unless required by law or stated otherwise, fees are non-refundable; and
• you are responsible for all applicable taxes.

We may change our fees or introduce new paid features at any time, with notice where required.

The Services, including the Dhakaiya name, logo, design, software, features, and content that we provide (but excluding Your Content and Provider content), are owned by Dhakaiya or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app for your personal, lawful use. You may not use our trademarks, logos, or branding without our prior written consent.

We want Dhakaiya to be safe and trustworthy. You can report users, groups, Moments, listings, or Providers through the app or at safety@dhakaiyabd.com.

We may, at our discretion and where we are technically able to, with or without notice:

• remove or restrict content that is not end-to-end encrypted and violates these Terms or our Community Guidelines;
• limit features, suspend, or permanently terminate accounts, groups, or Provider listings;
• report unlawful activity to the relevant authorities; and
• cooperate with valid legal requests.

Because personal chats are end-to-end encrypted, we may rely on user reports, account-level signals, public content, and other information that is available to us. See our Community Guidelines for details and for how to appeal a decision.

By you: You may stop using the Services and delete your account at any time.

By us: We may suspend or terminate your access, with or without notice, if you violate these Terms or our Community Guidelines, if required by law, if your use poses a risk to others or to the Services, or if we discontinue the Services. Where reasonable, we will tell you why.

Sections that by their nature should survive termination (including Your Content license for shared content, intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive.

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Dhakaiya disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not warrant that the Services will always be available, secure, accurate, or free from bugs, viruses, or delays, or that messages will always be delivered. We do not control and are not responsible for the content, conduct, products, or services of users or Providers.

Nothing in these Terms excludes any warranty or liability that cannot be excluded under applicable law.

To the maximum extent permitted by law:

• Dhakaiya, its directors, officers, employees, partners, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of (or inability to use) the Services, even if we were advised of the possibility of such damages.
• Our total aggregate liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us for the Services in the [12] months before the claim, or (b) BDT [amount].

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Dhakaiya and its directors, officers, employees, partners, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms, our Community Guidelines, or applicable law; or (d) your violation of any third party's rights.

These Terms are governed by the laws of the People's Republic of Bangladesh, without regard to conflict-of-law principles.

Informal resolution: Before filing a claim, you agree to contact us at legal@dhakaiyabd.com and try in good faith to resolve the dispute within 30 days.

Jurisdiction: If a dispute is not resolved informally, it will be subject to the exclusive jurisdiction of the competent courts of Dhaka, Bangladesh [alternatively: be finally resolved by arbitration under the Arbitration Act, 2001 of Bangladesh, seated in Dhaka, in the English or Bangla language].

If you are a consumer in another country, you may also have rights under your local laws that cannot be waived by these Terms.

We may modify these Terms from time to time. If we make material changes, we will provide notice through the app, by email, or on our website, usually at least [14] days before they take effect, unless a shorter period is required for legal or security reasons. Your continued use after the effective date means you accept the revised Terms. If you do not agree, you must stop using the Services.

• Entire agreement: These Terms, with our Privacy Policy and Community Guidelines, are the entire agreement between you and Dhakaiya about the Services.
• Severability: If any provision is found unenforceable, the rest will remain in effect.
• No waiver: Our failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign ours in connection with a merger, acquisition, or sale of assets.
• Force majeure: We are not liable for failures caused by events beyond our reasonable control, including natural disasters, power or internet failures, government actions, or cyberattacks.
• Language: These Terms may be translated. If there is a conflict, the [English] version prevails.
• Notices: We may send notices through the app, by email, or by SMS. You may contact us using the details below.
• No third-party beneficiaries: These Terms do not create rights for any third party, except as stated.

[Company Legal Name]

[Registered Address], Bangladesh

General support: support@dhakaiyabd.com

Legal: legal@dhakaiyabd.com

Safety reports: safety@dhakaiyabd.com

Website: https://dhakaiyabd.com

By using Dhakaiya, you confirm that you have read, understood, and agreed to these Terms of Service.