Terms of Services
These Terms cover the following services provided by us (“Services”):
- Digital Content App:
This is a subscription based service available worldwide wherein once you subscribe, you get access to a variety of Content (as defined) in the genre of inter alia meditation, mindfulness, workout, sleep stories, diet and exercise recommendations, health and mental wellbeing, metabolic education, etc., hosted and/or provided as part of the Platform.
Content herein shall mean content, text, graphics, images, music, audio, video, works of authorship of any kind, software and information or other materials as provided by us for Users personal use (“Content”). The Content comprises both owned and third-party licensed content.
- Ultrahuman Cyborg:
Currently under the beta version, this is a subscription-based service available in India. It seeks to enable the Users to improve their diet and exercise based on glucose biomarkers. To get started, you need to request access on the Platform. Once you are approved, a third-party Continuous Glucose Monitoring device (“Third-Party Device”) is shipped to you upon receipt of your subscription fee. Upon your receipt of the Third-Party Device, you need to follow the accompanying instructions to apply the sensor to your arm and connect it to our App to discover accurate and actionable health insights to improve your metabolic health and fitness.
Do note, we do not manufacture nor have any rights, title, and interest in the Third-Party Device and all rights, interests, and titles in such Third-Party Device vest strictly with its manufacturer as mentioned on such Third-Party Device’s packaging.
In the rare event that the Third-Party Device is accidentally damaged in transit, we will happily replace it with another unit of the same device. Please note that the issue has to be communicated to us within 48 hours of delivery of your Third-Party Device via an email to email@example.com with a picture of the damaged product. We do not accept any returned products. Hence you may safely destroy or dispose of any damaged or used product. We do not accept/generate any refunds for the Third-Party Device.
- Advanced Biomarkers - Booking lab tests and scheduling consultation:
Currently under the beta version and based on pay-per-test model, this service is available to users in select Indian cities only. You may book the following tests such as Metabolite Test, Cortisol Stress Test, Microbiome Test, and other tests as may be introduced by Ultrahuman from time to time. Please check with us at firstname.lastname@example.org to know whether this service is available in your city. You may book test(s) and package(s) on the Platform and schedule the sample pickup from home by Ultrahuman or its authorised delivery and pick-up logistics partners.
We will also seek your answers to a questionnaire wherein you will need to provide truthful and accurate responses to certain questions about your general health, lifestyle and your medical history.
You will also be requested to explicitly consent to Ultrahuman collecting samples of biological samples as may be required for the purpose of conducting the laboratory testing, analysis, and virtual consultations.
The sample collection kit (of one of our authorised partners in this testing and consultation procedure) will be shipped to you by our delivery logistics partners along with the necessary instructions manual for the safe sample collection. Currently, sample collection procedure for all tests are non-invasive and hence do not require any supervision from a qualified/medical professional and you may perform sample collection yourself.
You understand, accept, agree and consent that:
data derived from the test is to be considered preliminary machine generated data only and does not constitute any kind of medical diagnosis,
the testing shall be done by third-party accredited labs and evaluation of reports and virtual consultation shall be undertaken in collaboration with authorised partners and third-party service providers;
the responsibility for initiating either (i) a follow-up examination to confirm the test results, or (ii) follow-up counselling to confirm the recommendations, and obtain professional advice and medical treatment is entirely yours and not that of Ultrahuman or any other organization associated with this testing and analyses
You acknowledge that the organisations/experts/coaches providing testing, evaluation and virtual consultation are independent contractors and thereby Ultrahuman has an independent contractor relationship with such organisations/experts/coaches and therefore in no event Ultrahuman will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the organisations/experts/coaches may provide to you or you may avail as part of the Services.
You can have consultation via audio call or video call or chat on the Platform. Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely in accordance with these Terms. The opinion/recommendations delivered to you shall solely be based on the verbal communication between the concerned coach and you, and any test reports and other information provided/uploaded by you on the Platform.
The Services are not meant in any way for emergency and life-threatening conditions.
We are in the process of adding and launching more products and services under our brand. Any other product or service that is made available by us in future shall be added to the list above and also communicated to you via emails you provide to us for communication purposes.
When using our Services, you represent that you meet the following primary eligibility criteria:
You must be of age of majority in the country from where you are accessing or using our Services. You must be legally competent to contract, and otherwise competent to receive the Services. Persons who are "incompetent to contract" (e.g. undischarged insolvents etc.) are not eligible to receive the Services.
If you are a minor, you can use the Services under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services for the purpose of these Terms. Your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any Product the sale or purchase of which to/by minors is prohibited and which is for usage by adults only.
You have not been previously suspended or removed by us or disqualified for any other reason, from availing the Services.
Access shall be terminated without warning if we believe that you are underage or otherwise ineligible to receive Services under applicable laws, rules, or regulations of your country.
CHANGES OR MODIFICATIONS:
We may modify these Terms from time to time at our sole discretion. If we do so, we will let you know of such changes by reasonable means, such as 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 and consent 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.
You are responsible for safeguarding your User Account details and password. You agree and consent 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 us 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 our prior consent. You agree and consent that you will not misrepresent yourself or represent yourself as somebody else. You hereby expressly acknowledge, agree and consent that you will be liable for any losses, damages (whether direct or indirect) caused to you, us, or any others as a result of unauthorized use of your User Account.
ULTRAHUMAN IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE SERVICES AND THE CONTENT PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, AND OTHER VISUALS, CONSTITUTE OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. SERVICES AND CONTENT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND THE SERVICES AND CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS, TREATMENT, CURE, MITIGATION, OR PREVENTION OF ANY MEDICAL CONDITION. PLEASE ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH VIA THE USE OF OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR HEALTH CONDITION OR EXPERIENCE ANY CHANGES IN YOUR HEALTH CONDITION OR HEALTH STATUS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF SERVICES. DO NOT START OR STOP TAKING ANY MEDICATION OR MEDICAL TREATMENT UNLESS ADVISED BY A MEDICAL PRACTIONER. NEVER DISREGARD AND/OR DELAY SEEKING ANY MEDICAL ADVISE BASED ON ANY CONTENTS OR INFORMATION AVAILABLE ON THE PLATFORM.
THIRD PARTY DEVICES ARE NOT MANUFACTURED BY ULTRAHUMAN. THEY ARE ONLY PROCURED AND DISTRIBUTED BY ULTRAHUMAN FOR USE IN CONJUNCTION WITH THE APP. ULTRAHUMAN IS THEREFORE NOT RESPONSIBLE FOR ANY DEFECTS IN THE THIRD-PARTY DEVICE NOR WILL IT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH YOUR USE OF THE THIRD-PARTY DEVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF THE THIRD-PARTY DEVICE.
THE APP IS NOT A MEDICAL DEVICE. THE APP HAS NOT BEEN TESTED FOR USE IN PATIENTS WITH DIABETES OR OTHER HEALTH CONDITIONS. YOU UNDERSTAND, AGREE AND CONSENT THAT THE SERVICE, INCLUDING ANY OTHER INFORMATION YOU LEARN FROM THE APP, 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. THE APP IS ONLY MEANT FOR USE BY HEALTHY ADULTS IN A STABLE ENVIRONMENT. THE APP ONLY OFFERS ADVICE RELATED TO GENERAL HEALTH AND WELLNESS.
WE MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE APP, SERVICES, AND THIRD-PARTY DEVICE, AND ADVICE AND INFORMATION PROVIDED AS PART OF OUR SERVICES. WE DISCLAIM LIABILITY FOR THE THIRD-PARTY DEVICES, ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS AND SERVICE.
ANY HEALTH INFORMATION AND LINKS ON THE CONTENT, WHETHER PROVIDED BY ULTRAHUMAN OR BY CONTRACT FROM OUTSIDE PROVIDERS, IS PROVIDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.
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 or limitations caused by these factors. While we aim for the Services to be reliable and available, they are not intended to be reliable or available 100% of the time. You acknowledge, agree and consent that we are not responsible for any damages allegedly caused by the failure or delay of external factors or limitations. High-speed internet access is recommended. Ultrahuman 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, agree and consent 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.
USING THE SERVICES:
As a User and recipient of Services, when you use the Platform, you agree and consent to the following conditions of use:
You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
The advice or the services provided by Ultrahuman will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive 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 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 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 and consent that you will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Service made available by us.
We are committed to improving our Service and creating new services. 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. We shall not be liable for any claims, damages, or loss that arises 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 is 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, we grant 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 Platform, to view Content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof.
Subject to the foregoing, we solely and absolutely own all rights, title, and interest in and to the Platform, including any Content or information provided as part of the Platform, all associated intellectual property rights, and all other forms of data or communication that we create or make available in connection with the Services, visual interfaces, interactive features, graphics, design, and the compilation of aggregate user reviews, ratings, feedback, and all other elements and components of the Services, save and except the Third-Party Device, your personal data (including health reports) and any third-party licensed product, services, or content. You acknowledge that the Platform, the Services to the extent solely and absolutely owned by Ultrahuman 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 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.
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 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 Platform 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, decompile, or disassemble the Platform or the Content in any way, or create derivative works of the Platform 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 Platform into any other website or mobile application without our prior written permission.
Rent, lease, loan, make available to the public, sell or distribute the Platform, the Service, and/or Content in whole or in part.
Circumvent any law or territorial restrictions applied to the Services.
Perform any acts that may materially and adversely affect the quality of other user's 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 and consent to pay the subscription fees to avail the subscription based Services or pay the purchase price for availing other products and Services as listed on our Platform. Any payment-related terms and conditions presented to you in the process of billing shall also be applicable to you. A payment account will be linked to your User Account (your “Billing Account”). You agree and consent to pay us via your Billing Account, either directly or through third-party payment processors, all fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us (including our 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 processors. We are not responsible for errors by the payment processor. If we do not receive payment from you, you agree and consent to pay all amounts due on your Billing Account upon demand.
Subscription Based Services: The subscription for the subscription based offerings 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.
Laboratory Tests for Advanced Biomarkers: In the event you do NOT consent to collection of your biological samples sample as required for the purpose of laboratory testing, analysis, and consultation by our authorised partners/organisations and accredited laboratories, we shall refund the amount paid by you towards such test within 30 (thirty) days from the date of placing such refund request with us. In such an event, you are also requested to safely dispose of the kit as we do not accept returned kits.
We may, from time to time, offer access to Services that are classified as Beta versions. 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, at 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 and consent to indemnify and hold harmless Ultrahuman, and its directors, officers, vendors, and employees from and against any losses, damages, fines, and expenses (including reasonable attorneys’ fees), due to or arising out of or relating to any claims (including third-party claims) in respect of:
any material or information posted, provided, transmitted, or otherwise made available by you on our Platform;
any bodily injury, allergy, mental disorders, medical ailment, or loss of life caused by or claimed to be caused by your use of the Services (including use of Third-Party Device);
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;
deficiency or shortfall in Services / faulty judgment / interpretation errors / perception error arising from: your failure to provide correct and / or complete information / history about the patient in timely and appropriate manner; or suppression of material facts; or your failure to provide relevant information about the patient; or misinterpretation of the advice / recommendations / diagnosis / investigation report by you; or failure to follow advice / recommendation by you;
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 Ultrahuman during your use of the Services or thereafter, in connection with and arising from your use or attempt to use Services (the “Dispute”), the Dispute shall be referred to arbitration by a single arbitrator who shall be nominated and appointed by Ultrahuman, 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 Ultrahuman 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 and consent 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 of any IP Protection Action 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, agree and consent that you and Ultrahuman 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 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.
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. You agree and consent 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 becoming 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, sale of assets, or by operation of law or otherwise and you shall continue to be bound by these Terms in the event of such assignment,.
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.
We welcome feedback, comments, and suggestions for improvements to the Services (‘Feedback’). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant 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 about these Terms, you may contact Mr. Adhit Shet, our Grievance Officer at email@example.com.
These Terms are effective and were last updated on 02nd April, 2022.