Terms of Use

These terms and conditions (“User Terms”) read with the Privacy Policy constitutes a legal binding agreement (“Agreement”) between You and Neo Mindify Health Pvt Ltd (herein referred to as “Mindify Health”) and shall apply to and govern Your visit to and use, of this Application. This Agreement defines the terms and conditions under which you are allowed to use the Site/Application and describes the manner in which we shall treat your account. This electronic record is generated by a computer/ mobile resident system and does not require any physical or digital signatures. By downloading/accessing this Application, you are consenting to be bound by these User Terms and the Privacy Policy. Please ensure that you read and understand all the user terms before you use the application. If You do not accept any of the User Terms, then please do not use the Application or avail any of the services/Services being provided therein. Your acceptance of the User Terms shall be deemed to include your acceptance of the Privacy Policy also. These terms and conditions were last updated on 15th April 2023.

Manner of usage of Account

1. You shall ensure that the Passcode /Entry Details provided by you is accurate, complete, current, valid and true . We shall bear no liability for false, incomplete, old or incorrect entries provided by You.

2. You are solely responsible for maintaining the confidentiality of Your Passcode/Entry Details and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your passcode or Account, either with or without Your knowledge.

3. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the entry details or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable

4. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device.

5. We allow You to access this app on a single device only. In case of any unauthorized use of Your Account please immediately reach us at info@mindifyhealth.co.in. and make a written request for blocking Your Account. In case, you are unable to access Your Account, please inform Us at info@mindifyhealth.co.in.

6. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Service for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the App or Service;

7. Mindify Health reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.

8. Further, Mindify Health may store the information provided by You or record your calls for all Service related matters in relation to the Services provided/facilitated through the Application

9. You agree and permit Mindify Health to store and share your information whatsoever with the medical practitioner(s) as and when it deems fit, especially but not limited to, wherever this service is part of the treatment or support recommended to you by the practitioner.

10. You hereby expressly consent to receive communications from Mindify Health offering Services/value-added services to You through Your registered phone number and/or e-mail id and/or the app

Application License

1. Subject to Your compliance with these User Terms, Mindify Health grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use ONLY for the period for which you have signed as pre-defined by Mindify Health

2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks

No Warrenty, No Liability

1. The information, recommendations and/or Services provided to You on or through the Site/ Application are for general information purposes only and does not constitute any treatment or therapy. Mindify Health will reasonably keep the Application and its contents correct and up to date but does not guarantee the outcome or that (the contents of) the Site/Application is free of errors, defects, malware and viruses or that the Site/App is correct, up to date and accurate. We make no representations, warranties or guarantees, whether express or implied that the content of the App(s) is accurate, complete or up-to-date or of the outcome. You should use your own judgement or take medical advice prior to acting on any suggestion or advice or tools given in the app

2. Mindify Health shall not be liable for any damages resulting from the use of or inability to use the Application, including damages caused by wrong usage of the information/advice, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

3. Under no circumstances, including but not limited to negligence, shall Mindify Health , its employees and directors, its suppliers and its third party advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, mental trauma, stress, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Site/Application, and/or with the delay or inability to use this Site/Application

4. Some of the content is under “fair use” and has been used solely for the purpose of enhancing the educational and informational content developed in house. All rights and credit go directly to its rightful owners. No copyright infringement intended

Modifications To The Terms of Use

We may make changes to the Terms of Use from time to time and made available on this app/company website You are held responsible to visit this periodically to review the most current Terms of Use. Changes take effect immediately upon posting.

Intellectual Property Ownership

1. Mindify Health alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the App, Application content, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, recordings, sounds, and computer code; or (iii) other information provided by You or any other party relating to the Application or the Service.

2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the App, the Application or the Service, or any intellectual property rights owned by Mindify Health. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

Precautions

Mindify Health provides content on mobile platforms so individuals can support their mental and emotional wellbeing. It provides educational and informative tools or suggestions. However, it does not provide any legal, medical, diagnoses, or treatment. Therefore, you assume full risk and responsibility for your use of the Educational information & suggestions/tips/ advice obtained through the App. You further acknowledge that all of the information and content in the App including the audio recordings, positive therapy podcasts, motivational and nutritional tips is for educational and informational purposes only and is not intended to replace the relationship between you and Medical Practitioner / Therapist or Nutritionist. The App may provide helpful Mental HealthRelated Information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. You are advised never to disregard professional medical advice or delay in seeking it because of something you may have interpreted while going through the App . You assume full risk and responsibility for the use of or reliance on information you obtain from or through the App. While using the App or going through any of the guided meditations, if you think you have any discomfort, call your doctor or emergency phone number immediately.

Terminating Your Agreement

Mindify Health reserves the right to suspend or terminate a User’s access to the Site/Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, i) User breaches any terms and conditions of the Agreement; ii) A third party reports violation of any of its right as a result of your use of the Services.iii) Mindify Health has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or;iv) Mindify Health believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Mindify Health or are contrary to the interests of the Site/Application.

Applicable Law and Dispute Resolution

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service, or the Application content including recordings, music, sounds (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices as Mindify Health may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Mindify Healthat the cost of the user. The place of the arbitration shall be NCR, unless otherwise mutually agreed by Mindify and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in New delhi, India.

This agreement has been entered into on the date of your first download of the App(s).