Terms of Services
We, Ultrahuman Healthcare Private Limited (hereinafter referred to as the "Company", “our”, “us”, or “we”), through our website available at https://ultrahuman.com/ (the “Website”) and associated mobile device application (the “App”), provide certain Service, including content or information, in the genre of inter alia improving physical health and wellness, to our users (“user”, “you”, “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 Company, and (iii) making available the third-party glucose biosensor (the “Biosensor”) via Subscription Service (as defined) from the Site, coupled with our Site itself, including any content or information provided as part of the Site, shall collectively be called as the “Service”. The Service, save and except for the Biosensor including its physical kit and otherwise any third-party products and services, are owned and controlled by the Company. We do not manufacture or have any rights, title, and interest in the Biosensor, and all rights, interests, and titles in the Biosensor vests strictly with the entity mentioned on its packaging.
Via the Service, you may track and manage your health and fitness related information. The Biosensor collects and shares with us your health and fitness related personal data, which we analyse to provide you better insights about your physical fitness thereby improving your athletic performance.
ACCEPTANCE OF THE TERMS:
CHANGES OR MODIFICATIONS:
We may modify these Terms from time to time at our sole discretion. If we do so, we’ll let you know by either email, any other mode of communication, or posting 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 Service 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 Service immediately. We may change or discontinue all or any part of the Service, 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 the Company 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 the Company. You agree that you will not misrepresent yourself or represent yourself as somebody else. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, the Company or any others as a result of unauthorized use of your User Account.
Before each Biosensor is shipped to you, we do several levels of rigorous quality checks to eliminate the chances of a damaged, used, or broken package seal product being shipped. In the rare event that a Biosensor is accidentally damaged in transit, we will happily replace it with another piece of the same. Please note that the issue has to be communicated to us within 48 hours of delivery of your Biosensor via an email to firstname.lastname@example.org with a picture of the damaged product. We do not accept any returned product, hence you may safely destroy or dispose of any damaged or used product.
By accessing, registering for, or using the Service, you agree that you may receive occasional special offer, marketing, cross-promotion of our other related services, and survey communication emails or SMS with respect to the Service. You can unsubscribe from the Company commercial emails by following the opt-out instruction in those emails and SMS.
THE BIOSENSOR IS A THIRD-PARTY PRODUCT. IT IS NOT MANUFACTURED BY THE COMPANY. IT IS ONLY PROCURED BY THE COMPANY [CURRENTLY FOR BETA USE]. IT IS MEANT FOR USE IN SPORTS ONLY SUCH AS RUNNING, CYCLING, SWIMMING, AND OTHER SPORTS ACTIVITIES. IT IS SPECIFICALLY DESIGNED FOR USE BY ATHLETES (AGES 18 YEARS OR OLDER) TO CONTINUOUSLY MEASURE GLUCOSE LEVELS, VIA APP, TO BETTER UNDERSTAND THE CORRELATION BETWEEN THEIR GLUCOSE LEVELS AND THEIR ATHLETIC PERFORMANCE. IT IS NOT A MEDICAL DEVICE AND THUS NOT INTENDED FOR: (I) MEDICAL USE, (II) USE IN DIAGNOSIS , PREVENTION, MONITORING, TREATMENT, OR ALLEVIATION OF DIABETES, OR ANY DISEASE, AND (III) DIAGNOSIS, MONITORING, TREATMENT, ALLEVIATION, OR ASSISTANCE FOR, ANY INJURY OR DISABILITY. PLEASE CAREFULLY READ AND FOLLOW THE MANUFACTURER’S USER MANUAL OR ANY INSTRUCTIONS AS MAY BE PRINTED ON THE PACKAGE OF THE BIOSENSOR BEFORE USING THE BIOSENSOR.
THE COMPANY IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE SERVICE INCLUDING ANY CONTENT OR INFORMATION PROVIDED BE CONSIDERED AS MEDICAL ADVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE, 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 THE BIOSENSOR OR OUR SERVICE. 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 SERVICE AND THE BIOSENSOR. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH YOUR USE OF THE BIOSENSOR OR RELIANCE ON THE INFORMATION AND ADVICE GAINED THROUGH OUR SERVICE AND WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE THIRD-PARTY PRODUCTS INCLUDING THE BIOSENSOR, AND ADVICE AND INFORMATION PROVIDED AS PART OF OUR SERVICE. WE DISCLAIM LIABILITY FOR THE THIRD-PARTY PRODUCTS INCLUDING BIOSENSOR, ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS AND SERVICE.
Use of the Service 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 Service involves hardware, software, and internet access, your ability to access and use the Service may be affected by the performance of these factors. High speed internet access is recommended. Company shall also not be responsible for any reduction in speed or efficiency of the Service due to poor connectivity or any other such collateral requirements related to internet Service. 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 Service, access may be terminated without warning if we believe that you are underage or otherwise ineligible under applicable laws, rules or regulations. Parents are advised to always actively monitor the activities of your children under the age of 18 years or any other permissible age, as applicable, and do not let them use the Services (including Biosensor) without active parental supervision (who in such a case will be deemed as the recipient / end-user of the Services), and at all times ensure compliance of these Terms
USING THE SERVICES:
You shall be solely responsible for accessing and using our Service and shall ensure that you comply with applicable laws while using our Service including but not limited to intellectual property, privacy, cookies, third party rights. You will use the Service only for such purposes as is permitted by (a) these Terms; and (b) applicable laws.
The Service 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 Service is accurate, complete, or useful, that our Service will be operational, error free, secure, or safe, or that our Service 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 Service, you agree that you will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Service made available by us.
We’re relentlessly improving our Service and creating new ones all the time. 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 Service (in whole or in part), including without limitation, any feature, functionality, integration or component thereof.
The Service 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.
All information provided within the Service is for general information purposes only. We cannot and do not guarantee you any health-related improvements or outcomes. Your use of the Service and any information, predictions, or suggestions provided via your use of Service are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through your use of the Service and you agree and understand that the Service are not intended to match or serve the same purpose as a medical or scientific device.
LICENSE, CONTENT, OWNERSHIP:
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right and license to access, register for, and use the Service solely for your personal and non-commercial purposes, through the Site to view content and information and otherwise use the Service 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 Service. Nor you may reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
For purposes of these Terms, (i) “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 Company through the Service.
Subject to the foregoing, Company 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 the Company creates and makes available in connection with the Service, visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings , feedback, and all other elements and components of the Service, excluding the Biosensor and any third-party licensed product, services, or content. You acknowledge that the Site, the Service to the extent solely and absolutely owned by the Company and the 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 Service or Content. You shall not use any of this proprietary information without the prior express written consent of Company. Company’s prior written consent means a communication coming from Company’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.
Without limiting any other provisions of these Terms, you may not use our Service 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 Service, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. 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 you will not and you will not 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 Service 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 Service 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 Service and/or Content in whole or in part.
- Circumvent any law or territorial restrictions applied to the Service and/or Content.
- Perform any acts that may materially and adversely affect the quality of other users' experience;
- Introduce malicious programs into Service, 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 Service. Any payment related terms and conditions presented to you in the process of subscribing for Subscription Service shall also be applicable to you. A payment account will be linked to your User Account (your “Billing Account”). To purchase Subscription Service, 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. 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 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 except as expressly provided in these terms, 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.
The Service may contain advertisements. In consideration for Company letting you access and use the Service, you agree that we and our affiliates, and our third-party partners may place advertising on the Service, 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 Company, 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 Service;
- any bodily injury, mental disorders, medical ailment or loss of life caused by or claimed to be caused by your use of the Service (including use of Biosensor);
- 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;
- you permitting a third party to use your password or other means to access your User Account.
- any other claim related to your use of our Services.
You will cooperate as fully as required by us in the defence or settlement of any claim.
LIMITATION OF LIABILITY:
If any dispute arises between you and the Company during your use of the Service or thereafter, in connection with and arising from your use or attempt to use Service (the “Dispute”), the Dispute shall be referred to arbitration by a single arbitrator who shall be nominated and appointed by Company, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). 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 amendments thereof as in force at the relevant time. You will also have the right to litigate any other Dispute if you provide Company with written notice of your desire to do so by email at email@example.com 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 Company 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 of any IP Protection Action or, if you timely provide Company 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 Company with an Arbitration Opt-out Notice, you acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding in any other territory of the world. Further, unless both you and Company 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.
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 Service. You and Company agree that any cause of action arising out of your use of the Service 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.
These Terms are effective and were last updated on 19th June 2021.
Ultrahuman Healthcare Private Limited is located at 1st Floor, Gopalakrishna Complex #45/3, Residency Road Bangalore 560025, Karnataka, India.