Terms of Service

Last Updated: May 11th, 2023

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and "Purmontee Pvt Ltd," operating as "AyuFit" ("we," "us," or "our"). This agreement pertains to your access and use of the AyuFit website at https://ayu.fit, alongside any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively referred to as the "Site"). This Site includes but is not limited to, services such as personalized meal plans, workout plans, and meditation plans, and any other services we provide (collectively referred to as “Services”).

We are registered in India, and our registered office is situated at E Block, Vikram Nagar, Feroz Shah Kotla, New Delhi, 110002. By accessing the Site, you acknowledge that you have read, comprehended, and agreed to abide by all these Terms of Use. IF YOU DO NOT CONCUR WITH THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated into this agreement by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time, for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is advised that you periodically review these Terms of Use to stay informed of updates. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

The information and services provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Thus, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Unless explicitly stated otherwise, the Site, including all its components such as source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (jointly referred to as the "Content"), and the services we provide, including but not limited to personalized meal plans, workout plans, and meditation plans graphics (jointly referred to as the "Services"), are proprietary property of ours. Moreover, the trademarks, service marks, and logos contained therein (the "Marks") are either owned or controlled by us or licensed to us. All these elements are safeguarded by copyright and trademark laws, various other intellectual property rights, unfair competition laws of India, international copyright laws, and international conventions.

The Content and the Marks are made available on the Site or through any other medium “AS IS” solely for your personal use and informational purposes. Unless expressly permitted by these Terms of Use, no part of the Site, Content, Marks, or Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content to which you have rightfully gained access solely for your personal, non-commercial use. This limited license does not confer any ownership or intellectual property rights to you. We retain and reserve all rights not expressly granted to you in and to the Site, the Content, the Marks, and Services.

3. USER REPRESENTATIONS

As a user of the Site, you attest and assure that: (1) you possess the legal capacity and you consent to abide by these Terms of Use; (2) you are not less than 13 years of age; (3) you are not considered a minor in the jurisdiction in which you reside, or if you are a minor, you have secured parental permission to use the Site; (4) you will refrain from accessing the Site via automated or non-human means, such as through a bot, script, or other similar methods; (5) you will not use the Site for any purpose that is illegal or unauthorized; and (6) your usage of the Site will not contravene any applicable law or regulation.

In the event you provide any information that is false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account and reject any and all present or future use of the Site (or any segment thereof).

4. PROHIBITED ACTIVITIES

Your access and usage of the Site and our Services, including but not limited to personalized meal plans, workout plans, and meditation plans, are strictly limited to the purposes for which we make them available. Any commercial usage of the Site or Services, other than those explicitly endorsed or approved by us, is strictly prohibited.

As a user of the Site and our Services, you agree not to engage in the following activities:

Directly or indirectly creating or compiling a collection, compilation, database, or directory from the data or content retrieved from the Site without our written permission.
Deceptive activities, including tricking or defrauding us and other users, particularly in attempts to gain sensitive account information like user passwords.
Disabling, circumventing, or interfering with security-related features of the Site, such as features that restrict the copying or use of any Content or enforce limitations on the Site and/or the Content therein.
Engaging in activities that, in our opinion, may disparage, tarnish, or cause harm to us, the Site, or our Services.
Using any information obtained from the Site to harass, abuse, or harm another person, or misuse of our support services, or submit false reports of abuse or misconduct.
Using the Site or our Services in a manner that violates any applicable laws or regulations.
Unauthorized framing of or linking to the Site.
Uploading or transmitting (or attempting to upload or to transmit) harmful material, such as viruses, Trojan horses, or other disruptive content, that interferes with any party’s uninterrupted use and enjoyment of the Site or alters, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engaging in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Deleting or obscuring the copyright or other proprietary rights notice from any Content.
Impersonating another user or person or using the username of another user.
Uploading or transmitting (or attempting to upload or to transmit) any material that acts as an information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you.
Bypassing any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site, except as permitted by applicable law.
Using, launching, developing, or distributing any automated system that accesses the Site, including without limitation, any spider, robot, cheat utility, scraper, or offline reader, except as may be the result of standard search engine or Internet browser usage.
Utilizing a buying agent or purchasing agent to make purchases on the Site.
Unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. Using the Site or our Services as a part of any effort to compete with us or using the Site and/or our Services for any revenue-generating endeavour or commercial enterprise, including but not limited to selling, reselling, or licensing the Services for any purpose, conducting scientific studies or surveys, or using the Services for defamation or damage to our reputation.
Using the Site to advertise, sell or offer to sell goods and services unrelated to us or our endorsed partners.
Transferring or selling your profile, or any part of it, to another party.
Reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purposes, any portion or use of, or access to, our Services without our express prior written permission.
Using the Site or our Services for public or commercial purposes, including the generation or dissemination of promotional or marketing materials.

By using the Site and our Services, you agree to respect our intellectual property rights, as well as those of third parties. Any unauthorized use or infringement may lead to the termination of your access to our Services and may also have legal consequences. Your limited license to access and use our Services does not mean you hold any intellectual property rights over the Content or Services.

5. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

6. MANAGEMENT OF THE SITE AND SERVICES

We maintain the discretion, although not the obligation, to perform the following:

(1) Monitor the Site and Services for any potential violations of these Terms of Use.

(2) Implement appropriate legal measures against anyone who, according to our sole judgment, infringes upon the law or these Terms of Use, including but not limited to, reporting such users to relevant law enforcement authorities.

(3) At our sole discretion and without any limitations, refuse, restrict access to, limit the availability of, or disable (as far as technically achievable) any of Services provided or any part of it.

(4) At our sole discretion and without any limitations, notice, or liability, eliminate from the Site or Services, or otherwise disable all files and content that are excessively large or pose any form of burden to our systems.

(5) Manage the Site and Services in a manner that aims to protect our rights and property, and to ensure the proper functioning of the Site and Services.

By doing this, we aim to maintain a safe and functional environment for all users and uphold the integrity and legality of the operations conducted via the Site and Services.

7. PRIVACY POLICY

Please review our Privacy Policy posted on the site to understand our practices. By using the Site or our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you agree to have your data transferred to and processed in India.

8. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

9. TERM AND TERMINATION

These Terms of Use shall continue to apply in full force for as long as you use the Site and Services. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY NOTICE OR LIABILITY, TO DENY ACCESS TO AND USAGE OF THE SITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY OR NO SPECIFIC REASON. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, OR AGREEMENTS CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION. AT ANY TIME AND WITHOUT PRIOR WARNING, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND SERVICES OR REMOVE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED, BASED ON OUR SOLE DISCRETION.

If for any reason we terminate or suspend your account, you are strictly prohibited from registering and setting up a new account under your name, a pseudonym, or the name of any third party, even if you might be representing the third party. Alongside terminating or suspending your account, we reserve the right to undertake appropriate legal measures, which may include, but are not limited to, seeking civil, criminal, and injunctive remedies.

10. MODIFICATIONS AND INTERRUPTIONS

We maintain the right to alter, adjust, or remove the contents of the Site and Services at any given time or for any reason at our sole discretion without providing prior notice. Nevertheless, we are under no obligation to update any information on our Site or Services. Additionally, we reserve the right to modify, suspend, or discontinue all or part of the Site and Services without any prior notice. We will not be held accountable to you or any third party for any modification, price variation, suspension, or discontinuation of the Site and Services.

We cannot assure the constant availability of the Site and Services. There may be instances where we face hardware, software, or other technical issues, or we may need to carry out maintenance tasks related to the Site and Services, which could result in interruptions, delays, or errors. We hold the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and Services at any given time or for any reason without notifying you. You agree that we bear no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and Services during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site and Services or to provide any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW

These Terms shall be governed by and defined following the laws of our country. You hereby irrevocably consent to the exclusive jurisdiction in such courts.

12. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least one hundred eighty (180) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be five (5). The seat, or legal place, of arbitration shall be New Delhi, Delhi, India. The language of the proceedings shall be Hindi. The governing law of the contract shall be the substantive law of India.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. CORRECTIONS

There may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to the Site or Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

14. DISCLAIMER

The Site and our Services are provided on an 'as-is' and 'as-available' basis. You acknowledge and agree that your usage of the Site and our Services is solely at your own risk. To the maximum extent permissible by law, we renounce all warranties, whether explicit or implicit, in relation to the Site and your use of it. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, and non-infringement.

We make no guarantees or statements about the accuracy or comprehensiveness of the Site’s content, or the content of any websites linked to the Site. We will not be liable for any (1) errors, mistakes, or inaccuracies in content and materials, (2) personal injury or property damage, of any kind, resulting from your access to and use of the Site and Services, (3) unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site and Services, (5) any bugs, viruses, Trojan horses, or similar issues which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site and Services.

We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application featured in any banner or other advertising. Furthermore, we will not be involved in or responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where necessary.

15. LIMITATIONS OF LIABILITY

Under no circumstances shall Ayufit, its directors, employees, or agents be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, loss of data, or other damages resulting from your use of the Site or our Services. This remains true even if we have been made aware of the potential of such damages.

Regardless of any information to the contrary contained in these terms, our liability to you for any cause, no matter its nature or the form of action taken, will consistently be limited to the amount paid by you to us during the one (1) month period preceding any cause of action.

Certain laws in the U.S. states and international jurisdictions do not permit limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the previously stated disclaimers or limitations may not apply to you, and you may have additional rights.

16. INDEMNIFICATION

You agree to safeguard, indemnify, and hold harmless Ayufit, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, raised by any third party due to or arising out of: (1) your use of our Services; (2) any content you provide (your Contributions); (3) violation of these Terms of Use; (4) any breach of your representations and warranties established in these Terms of Use; (5) your infringement of the rights of a third party, including but not limited to intellectual property rights; or (6) any explicit harmful action towards another user of the Services with whom you connected via our platform.

Despite the previous provision, Ayufit reserves the right, at your expense, to undertake the exclusive defence and control of any matter that you are required to indemnify us for, and you agree to cooperate, at your expense, with our defence of such claims. Ayufit will make reasonable efforts to inform you of any such claim, action, or proceeding that requires this indemnification as soon as we become aware of it.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. USER DATA

Ayufit will retain specific data that you provide to our platform for the purpose of managing the performance of our Services, as well as data related to your use of these Services. While we conduct regular routine backups of data, it is solely your responsibility for all data that you provide or that pertains to any activity you have undertaken using our Services. By using our Services, you accept that Ayufit shall have no liability to you for any loss or corruption of any such data, and you hereby relinquish any right of action against us resulting from any such loss or corruption of such data.

19. MISCELLANEOUS

These Terms of Use, alongside any policies or operating rules posted by us on the platform or in respect to the Services, represent the complete agreement and understanding between you and Ayufit. Our failure to utilize or implement any right or provision of these Terms of Use shall not be seen as a waiver of such right or provision. These Terms of Use are enforceable to the maximum extent permitted by law. We may transfer any or all of our rights and duties to others at any time. We will not be held accountable or liable for any loss, damage, delay, or failure to act caused by any circumstance beyond our reasonable control. If any provision or part of a provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision or part of the provision is considered severable from these Terms of Use and does not impact the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship formed between you and us as a result of these Terms of Use or use of the Services. These Terms of Use will not be interpreted against us simply because we drafted them. You hereby forfeit any and all defences you may have based on the electronic form of these Terms of Use and the absence of signatures by the parties hereunder to execute these Terms of Use.

20. CONTACT US

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Purmontee Pvt Ltd, Vikram Nagar, Feroz Shah Kotla, New Delhi, Delhi, India, 110002
Email: info.ayufit@gmail.com
Phone: +91 9319977539