Terms and Conditions for sayHey Empathy Listeners and Empathy Listening Program.

1. Introduction

These Terms and Conditions (“T&C”) govern the relationship between sayHey (Mindorphin Private Limited previously known as KMR & Friends Pvt. Ltd.) and individuals enrolled in the sayHey Empathy Listening Program, either as course participants or certified Empathy Listeners. By registering or providing services via the sayHey platform, you agree to abide by these T&Cs, in compliance with Indian laws including the Indian Contract Act, 1872, Information Technology Act, 2000, and applicable labor and data privacy regulations.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a contract under Indian law to register for the course or serve as an Empathy Listener on the platform.

3. Terms After Becoming an Empathy Listener

  • Complete the mandatory certification course and pass the examination.
  • Submit accurate personal and professional information, subject to verification.
  • Uphold user confidentiality and abide by the privacy policy.
  • Use professional language; avoid hate speech, obscenity, and politically sensitive statements.
  • Avoid soliciting clients outside the platform or storing their data after termination.
  • Refrain from promoting third-party businesses or self-branding through the platform.
  • Respect intellectual property rights of sayHey.
  • Report compromised login credentials promptly.
  • Avoid unauthorized data collection or content sharing from sessions.
  • You agree not to enter a competing business for two years after exiting sayHey.

4. Terms for the sayHey Empathy Listening Course

  • Pay a one-time, non-refundable fee of ₹1999/- inclusive of taxes for access to course material and the certification exam.
  • Course content is proprietary to sayHey and may not be reproduced, sold, or distributed.
  • Completion of the course and clearing the exam is mandatory for onboarding as an Empathy Listener. After the test, there will be an Interview round where in the professional reserves the right to eliminate any candidate upon discussion in the interview.
  • sayHey reserves the right to update course content and evaluation criteria without prior notice.
  • Certification does not create an employment relationship; you remain an independent contractor. sayHey does not guarantee a minimum number of sessions or consistent flow of Users to any Empathy Listener. Session allocation is subject to user demand, listener availability, and platform dynamics. However, sayHey is committed to taking fair and proactive measures—such as promoting balanced exposure, optimizing the matching algorithm, and running awareness campaigns—to help ensure all certified Empathy Listeners receive equitable opportunities for engagement.

5. Platform Use and Communication

  • All communication regarding sessions, training, grievances, or account matters must be done through official sayHey channels.
  • You agree to receive transactional and promotional messages via SMS, email, or app notifications.
  • sayHey reserves the right to remove any Listener or trainee who violates terms, without compensation or refund.

6. Payment Terms

  • Certified Listeners will receive 40% of the session fee per completed session.
  • Payouts are processed weekly or as per platform policy, subject to compliance with documentation and tax obligations.
  • sayHey is not liable for issues caused by third-party payment gateways.

7. Confidentiality and User Safety

  • Empathy Listeners must maintain the confidentiality of User data, even post-termination.
  • In the event of suspected harm to self or others, Listeners may notify sayHey as per platform protocols.
  • sayHey is not responsible for any outcomes (including self-harm) arising from user interaction sessions. In case of critical incidents (e.g., threats of self-harm, harm to others, or criminal disclosures), sayHey may document and share relevant session data with authorized mental health professionals, legal authorities, or crisis intervention teams in compliance with Indian legal frameworks to ensure safety and lawful intervention.

8. Termination

  • sayHey may terminate access without prior notice in case of breach of T&C, misconduct, or legal non-compliance.
  • On termination, all sayHey data, credentials, and records must be deleted from your devices and storage.
  • Listeners are barred from soliciting sayHey Users for personal services or platforms post-termination.

9. Intellectual Property

  • All content, branding, and technology of sayHey remain the exclusive property of Mindorphin Private Limited previously known as KMR & Friends Pvt. Ltd.
  • Any violation of IP rights will result in legal action as per Indian laws, including but not limited to the Copyright Act, 1957.

10. Limitation of Liability

  • sayHey is not liable for the conduct or advice given by Listeners.
  • Listeners act in a voluntary, independent capacity. No employer-employee relationship is created.
  • sayHey makes no guarantees regarding earnings, call volumes, or user interactions.

11. Dispute Resolution

  • Any dispute shall first be attempted to be resolved through mutual discussion.
  • Failing resolution, disputes shall be referred to arbitration in Mumbai under the Arbitration and Conciliation Act, 1996.
  • Courts in Mumbai, Maharashtra shall have exclusive jurisdiction.

12. General

  • sayHey may amend these terms from time to time. Continued usage indicates acceptance.
  • If any clause is held unenforceable, the remainder will still apply.
  • Force Majeure conditions apply (including natural disasters, cyber-attacks, pandemics, etc.).

13. Grievance Redressal

For any concerns, contact:

Email: help@sayhey.co.in

Address: Mindorphin Private Limited previously known as KMR & Friends Pvt. Ltd.

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