Terms of Services
We, Ultrahuman Healthcare Private Limited (hereinafter referred to as “Ultrahuman”, “our”, “us”, or “we”), through our website available at https://ultrahuman.com (the “Website”) and associated mobile device application (the “App”), provide certain services, including content and information, in the genre of inter alia improving overall physical health and mental wellbeing, to our users (“user”, “you”, or “end-user”). For the ease of reading, (i) these Terms of Service shall be called the “Terms”, (ii) the Website and the App shall collectively be called the “Site”, owned and managed by the Ultrahuman, and (iii) making available our services via the Site including any content and information provided as part of the Site, shall be called as our “Services”.
ACCEPTANCE OF THE TERMS:
CHANGES OR MODIFICATIONS:
We may modify these Terms from time to time in our sole discretion. If we do so, we’ll post the modified Terms on the Site. You shall, at all times, be responsible for regularly reviewing and noting the changes made to the Terms. Your continued use of our Services after the effective date of any change to the Terms will signify your assent to and will be deemed as your acceptance of the modified Terms. If you do not agree to be bound by the modified Terms, discontinue accessing and using the Services immediately. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
At any time after the registration, we reserve the right to suspend or terminate your User Account (i) if any Registration Information or any information provided thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users, or us; and/or (iii) if you are found to be non-compliant with these Terms.
You are responsible for safeguarding your User Account details and password. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your User Account. You shall notify Ultrahuman immediately in case of any breach of security or any unauthorized use of your User Account. Similarly, you shall never use another person’s User Account without prior consent from Ultrahuman. You agree that you will not misrepresent yourself or represent yourself as somebody else on the platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to yourself, Ultrahuman or any other user as a result of unauthorized use of your User Account.
By accessing, registering for, or using the Services, you agree that you may receive occasional special offer, marketing, and survey communication emails or SMS with respect to the Services and Ultrahuman’s other fitness and wellness brands. You can unsubscribe from the Ultrahuman commercial emails by following the opt-out instruction in these emails and SMS.
ULTRAHUMAN IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE SERVICES INCLUDING ANY CONTENT OR INFORMATION PROVIDED AS PART OF THE SITE BE CONSIDERED AS MEDICAL ADVICE. ANY ADVICE OR INSTRUCTIONS OFFERED BY OUR SERVICES ARE INTENDED FOR GENERAL INFORMATION PURPOSE ONLY. YOU UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY OTHER INFORMATION YOU LEARN FROM THE SITE ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY ILLNESS OR MEDICAL CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.
PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH VIA USE OF OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH YOUR USE OF OR RELIANCE ON THE INFORMATION AND ADVICE GAINED THROUGH OUR SERVICES AND WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE AND INFORMATION PROVIDED AS PART OF OUR SERVICES. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE USE OF OUR SERVICES WILL PROVIDE PHYSICAL, THERAPEUTIC OR SPIRITUAL BENEFITS.
DO NOT USE THE SERVICES WHILE DRIVING, OPERATING HEAVY MACHINERY, OR PERFORMING OTHER TASKS THAT REQUIRE ATTENTION AND CONCENTRATION. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES. YOU AGREE THAT THE SERVICES OFFERED HEREIN, BY THEIR VERY NATURE, INCLUDE CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES AND/OR ANY KIND OF LOSSES. YOU REPRESENT AND WARRANT THAT YOU ARE IN ADEQUATE PHYSICAL HEALTH TO PERFORM SUCH ACTIVITIES AND HAVE NO DISABILITY OR CONDITION THAT WOULD MAKE YOUR USE OF THE SERVICES DANGEROUS. FURTHER, IT IS RECOMMENDED THAT PEOPLE WITH EXISTING MENTAL OR PHYSICAL HEALTH CONDITIONS CONSULT THEIR HEALTH CARE PROVIDERS BEFORE STARTING A MEDITATION PRACTICE OR A STRENUOUS PHYSICAL EXERCISE REGIME. YOU HEREBY ASSERT THAT YOUR ACCESS AND USE OF SERVICES IS VOLUNTARY AND THAT YOU KNOWINGLY ASSUME ALL SUCH RISKS AND HENCE HEREBY RELEASE ULTRAHUMAN, AND ITS OFFICERS, EMPLOYEES, AFFILIATES, CONTENT CONTRIBUTORS OF ALL LIABILITY ARISING OUT OF SUCH AFOREMENTIONED RISKS.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. Ultrahuman shall also not be responsible for any reduction in speed or efficiency of the Services due to poor connectivity or any other such collateral requirements related to internet services. You acknowledge and agree that such collateral system requirements, which may be changed from time to time, are your responsibility, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You must be of legal age or the age of majority and otherwise be fully able and competent to enter into, abide by, and comply with these Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that you are underage or otherwise ineligible under applicable laws, rules or regulations. Individuals under the applicable legal age or age of majority, may access and use the Services only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. In other words, if these terms are accepted by you as a parent or legal guardian, then these Terms shall apply to you for Services availed by your child, as if you are the user. Thus, always actively monitor the activities of your children when they access and use the Services, and ensure compliance of these Terms.
USING THE SERVICES:
You shall be solely responsible for accessing and using our Services and shall ensure that you comply with applicable laws of the territory while using our Services including but not limited to intellectual property, privacy, cookies, and third party rights. You will use the Services only for such purposes as is permitted by (a) these Terms; and (b) any law, regulation or generally accepted practices or guidelines applicable in the country of which you are a citizen, in which you are a resident or from where you access or use the Services.
The Services are provided "AS IS" and “AS AVAILABLE” and to the extent permitted by law without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us on our Services is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections.
To the extent that you choose to use any software applications provided by us in relation to the Services, you agree that you will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Services made available by us.
We, in our sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party, may suspend, terminate, limit, change, modify, downgrade, and/or update the Services (in whole or in part), including without limitation, any feature, functionality, integration or component thereof.
The Services shall not, and is not intended to be used for any application where failure, interruption or malfunction may reasonably be anticipated to result in bodily injury, loss of life, or substantial damage to property and we shall not be liable for any claims, damages or loss which arise from such limitation.
LICENSE, CONTENT, OWNERSHIP:
Subject to your compliance with these Terms, Ultrahuman grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right and license to access, register for, and use the Services solely for your personal and non-commercial purposes, through the Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services. Nor you may reverse engineer or attempt to extract the source code of the Site’s software, unless laws prohibit these restrictions or you have our written permission to do so.
For the purpose of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are made available by Ultrahuman through the Services. Ultrahuman solely and absolutely owns all right, title and interest in and to the Site, including any Content or information provided as part of the Site, all associated intellectual property rights and all other forms of data or communication that Ultrahuman creates and makes available in connection with the Services, visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings , feedback, and all other elements and components of the Services, excluding any third-party licensed data, product, services, or content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of India and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You shall not use any of this proprietary information without the prior express written consent of Ultrahuman. Ultrahuman’s prior written consent means a communication coming from Ultrahuman’s legal department/authorised representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Content are retained by us.
Without limiting any other provisions of these Terms, you may not use our Services for any purpose that is unlawful or prohibited by these Terms, applicable laws and/or any applicable additional terms. We reserve the right, but are not obligated, to remove or disable access to our Services, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law and these Terms. You acknowledge that we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You expressly agree that neither you will nor you will assist or permit any third party to:
- Use Site or any Content embodied therein or used in connection with the implementation, operation, maintenance, or hosting of our Services and all intellectual property rights embodied therein and all derivative works, improvements, updates, modifications, or translations thereof for any commercial purpose.
- Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Site or the Content in any way, or create derivative works of the Site or the Content.
- Access, monitor or copy any Content or information of our Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
- "Frame," "mirror" or otherwise incorporate any part of our Site into any other website or mobile application without our prior written permission.
- Rent, lease, loan, make available to the public, sell or distribute the Site, the Services and/or Content in whole or in part.
- Circumvent any law or territorial restrictions applied to the access and/or use of the Services and/or the Content.
- Perform any acts that may materially and adversely affect the quality of other users' experience.
- Introduce malicious programs into Services, network or servers (e.g. viruses, worms, Trojan horses, etc.).
- Engage in any monitoring or interception of data not intended for you without authorization.
- Transmit or receive, upload, use or reuse material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights.
- Transmit or receive, upload, use or reuse material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights.
- Falsify user identification information.
FEES & PAYMENT PROCESSING:
You agree to pay the Subscription Fees to avail the Subscription Services. Any payment related terms and conditions presented to you in the process of subscribing for Subscription Services shall also be applicable to you.
A payment account will be linked to your User Account (your “Billing Account”). To purchase Subscription Services, you agree to pay us via your Billing Account, either directly or through third-party payment processors, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through the authorised third-party payment processor, to charge your chosen payment provider (your “Payment Method”). The processing of payments by a third-party payment processor will also be subject to the terms, conditions and privacy policies of such payment processor. We are not responsible for error by the payment processor. If we do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. The subscription will be automatically extended for successive monthly renewal periods at the then-current non-promotional rate unless Subscription is terminated by you. If you terminate your Subscription, you may use your Subscription until the end of your then-current term and your Subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel or terminate your Subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and we will not refund any amounts that you have already paid. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription. Refunds cannot be claimed for a part of the subscription period.
Ultrahuman User Accounts and Subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange User Accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
The Services may contain advertisements. In consideration for Ultrahuman letting you access and use the Services, you agree that we and our affiliates, and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you may provide us or we may collect or obtain about you.
We may, from time to time, offer access to services that are classified as Beta version. We make no representations that a Beta version will ever be made generally available and reserve our right to discontinue or modify a Beta version at any time without notice, in our sole discretion. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
You agree to indemnify and hold harmless Ultrahuman, and our directors, officers, vendors and employees from and against any losses, damages, fines and expenses (including reasonable attorneys’ fees), arising out of or relating to:
- any claims made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on our Services;
- any bodily injury, mental disorders, medical ailment or loss of life caused by or claimed to be caused by your use of the Services;
- violation of any applicable law, or by your violation of the rights of another;
- your access to or use of our Services, including information provided in connection therewith;
- any misrepresentation made by you;
- any other claim related to your use of our Services.
You will fully cooperate as required by us in the defence or settlement of any claim.
LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS, SHALL, IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGES ARISING FROM: (A) YOUR USE, OR INABILITY TO USE OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER END-USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THE ULTRAHUMAN TOWARDS YOU SHALL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE ULTRAHUMAN FOR USE OF THE SERVICES OR HUNDRED INDIAN RUPEES (INR 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ULTRAHUMAN, AS APPLICABLE. ULTRAHUMAN, OR ANY THIRD PARTIES THAT ENABLES YOUR ACCESS AND USE OF SERVCES OR PROVIDE INFORMATION AND CONTENT ON THE WEBSITE AND THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES.
If any dispute arises between you and Ultrahuman during your use of the Services or thereafter, in connection with and arising from your use or attempt to use Services, any software related to the Services, the price of the Services, your User Account, Ultrahuman’s advertising, marketing, or communications, your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Ultrahuman’s intellectual property rights (the “Dispute”), the Dispute shall be referred to arbitration by a single arbitrator who shall be nominated and appointed by Ultrahuman. The said person shall be a professionally qualified individual of standing and repute. The seat and venue of arbitration shall be Bengaluru, Karnataka, India. The arbitration proceedings shall be in the English language. The said arbitration proceedings shall be governed and construed in accordance with the Indian Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. As part of the best efforts process to resolve any Dispute, and prior to initiating arbitration proceedings, each party agrees to provide notice of the Dispute to the other party, including a description of the Dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to email@example.com. You will also have the right to litigate a Dispute if you provide Ultrahuman with written notice of your desire to do so by an email at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Ultrahuman with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue for any dispute or action relating to intellectual property rights protection or, if you timely provide Ultrahuman with an Arbitration Opt-out Notice, will be the courts of Bengaluru, Karnataka, India and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Ultrahuman with an Arbitration Opt-out Notice, you acknowledge and agree that Ultrahuman and you expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. Further, unless both you and Ultrahuman otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Our Services may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If you use the Services from any location, then, you are responsible for compliance with the local laws applicable to you. These Terms are governed and construed in accordance with the laws applicable in India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, Karnataka, India, in all disputes arising out of or relating to the use of our Services. Use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. You and Ultrahuman agree that any cause of action arising out of your use of the Services must be commenced within 3 (three) months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action shall be permanently barred.
- The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect.
- Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
- If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control (“Force Majeure”).
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at mailto:email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. If you have any questions or grievance about these Terms or the Services, please contact Mr. Adhit Shet at mailto:firstname.lastname@example.org.
These Terms are effective and were last updated on 5th May, 2021.
Ultrahuman Healthcare Private Limited is located at 1st Floor, Gopalakrishna Complex #45/3, Residency Road Bangalore 560025, Karnataka, India.