Terms and Conditions

Right To Use
Subject to the compliance of these Terms, Company hereby grants the User a non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable and limited right and license to use the Platform.
Prohibited Code of Conduct
1. User agrees not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, feature, information of the Platform/Services and further agrees not to use this Platform/Services as part of another Platform or website or otherwise use the Platform for any commercial use whatsoever.
2. User agrees not to upload any virus, access or modify partially or otherwise any source code.
3. Disruption: User shall not use the Platform/Services in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other User’s use and enjoyment of the Platform.
4. Impersonation or unauthorized access: User will not impersonate another person or entity or misrepresent affiliation with a person or entity when using the Platform. User will not use or attempt to use any other person or entity’s information, personal or otherwise in the Platform and User will not attempt to gain unauthorized access to the Platform or any other User account, through hacking, password mining or any other means.
5. Developing competing offerings: User will not use the Platform to develop any competing product, Platforms or websites which are similar to or substantially similar to the Platform.
6. Solicitation: User shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
7. Platform restrictions: refrain from uploading to the Platform any material, or use the Platform in any way, which: (i) infringes the intellectual property rights or other rights of any person; or (ii) is unlawful or violates any law.
8. Non commercialisation: commercialise any information, products or services obtained from any part of Website or Platform without our prior written consent.
9. User understands and acknowledges that if User indulges in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate User’s right to use the Platform and take any other corrective action as it deems fit.
10. Use any of Company’s domain name as a pseudonymous return email address;
11. Access or attempt to access any content that you are not authorized to access by any means;
12. Access the Platform through any other means other than through the interface that is provided by us;
13. Disrupt or interfere with the security of, or otherwise cause harm to the Platform, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated linked site.
Health Requirements
1. Anytime you use the Services you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.
2. Please do not use the Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use Services.
Eligibility
User must be at least 18 years of age, or the age of majority in User’s jurisdiction, to create an account or use the Platform. If User are under 18, User may only use the Platform with the consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Platform, User represent and warrant that User meets the eligibility criteria set forth in this section.
Additional Terms
1. Certain features or services offered by the Platform may have additional terms for them, including but not limited to subscription plans, promotional offers, or feature specific commercials and terms. In the event of any conflict between these Terms and the additional terms, the additional terms will prevail.
2. The Platform is currently available on mobile devices running Android OS and Platformle iOS and the Platform is available on devices running compatible internet browsers. If we decide to extend the availability of the Platform to other operating systems, platforms or browsers, User may need to download or perform updates if User would like to continue to use the Platform. We do not accept any responsibility if User use of the Platform is affected during this time.
3. User acknowledges that User has no rights in, or to, the Platform or technology used to support the Platform, other than the right to use the Platform in accordance with these Terms.
4. Where User download the Platform via an Appstore (such as the Platformle Appstore or the Google Play Store), User acknowledge that User will be subject to additional terms and conditions pursuant to the relevant Appstore terms and conditions (Appstore Terms).
Account Registration and Security
1. In order to subscribe to the Platform, the User will need to register and create an account on the Platform.
2. User agrees to:
  1. Provide accurate, up-to-date, and complete information during the registration process.
  2. Maintain the confidentiality of User’s account credentials.
  3. Use the account solely for its own use and not share the credentials with any third party.
  4. Immediately notify us at contact@swastham.life if User discover any unauthorized use of User’s account or other security breaches.
3. Users are responsible for all activities under the User’s account. Company reserves the right to suspend or terminate User’s account if any of the information provided is found to be inaccurate or if User account has been compromised.
Confidentiality
1. Confidential information, for the purpose of these Terms, shall mean information including but not limited to the Platform, functionalities, processes, data and information regarding the website, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”).
2. Confidential Information shall, however, exclude any information which (i) is/was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without the use of Confidential Information; or (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency.
3. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
4. Company may, at its discretion, keep any personal information shared by You, confidential and only use it as per the terms of Our Privacy Policy
No Warranty
1. USER EXPRESSLY ACKNOWLEDGES AND AGREE THAT THE USE OF THIS PLATFORM IS ENTIRELY AT USER’s OWN RISK AND THAT THIS PLATFORM AND THE CONTENT EXHIBITED ON THIS PLATFORM ARE "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS PLATFORM, AND USER’s USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT THEREIN, (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THIS PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS PLATFORM AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS PLATFORM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS PLATFORM. COMPANY SHALL NOT BE RESPONSIBLE FOR DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION. USER UNDERSTAND AND ACKNOWLEDGE THAT THIS PLATFORM MAY BE PRONE TO UNINTENTIONAL INACCURACIES IN CONTENT. E.G. TYPOGRAPHICAL ERRORS, IMPROPER LINKAGES ETC.
Disclaimers
1. The Platform uses body movement scanning technology (shoulder and above) to analyse and track emotional and physical states, which is integral to delivering personalized wellness plans.
2. Medical Disclaimer- The results and outputs provided by the Platform are intended to promote emotional wellness and are for informational purposes only. The Platform is not intended to diagnose, treat, or prevent any medical condition or mental health issue. The information provided through the Platform is not a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a qualified healthcare provider for any health-related questions. The Platform does not provide or generate emergency or medical crisis services. In the case of a medical emergency, please contact a healthcare provider or local emergency services.
Ownership and Intellectual Property
1. The Platform and all right therein, including but not limited to intellectual property rights subsisting therein, are owned or validly licensed by the Company. This includes any enhancements, updates, or modifications to the Platform.
2. All materials on the Platform, including but not limited to images, designs, content, photographs, software, text, icons, sound recordings, music and any other creative works developed by the Company (collectively, the “Company Content”), are protected under applicable copyright notices, trademark laws and rules. The Company retains all rights, title, and interest in and to the Company Content.
3. Users are expressly prohibited from using the Company Content in any manner not expressly authorized by the Company. Any reproduction, distribution, modification, public display, or other use of the Company Content without the Company’s prior written consent is strictly prohibited.
4. The Platform may also display proprietary logos, service marks, and trademarks, whether owned by the Company or used under license from third parties. The display of these logos, service marks, and trademarks does not grant User any license or right to use them. Any unauthorized use of these proprietary logos, service marks, or trademarks is strictly prohibited and may constitute a violation of applicable laws. The Company’s logo is a registered trademark of the Company and is protected by trademark laws.
5. Additionally, trademarks of the Company as referenced on the Platform, are trademarks of the Company. Unauthorized use of these trademarks is prohibited and will be fully prosecuted of the law. Any unauthorized use, reproduction, or distribution of the Company Content may result in infringement of the Company’s intellectual property rights and could lead to legal action, including but not limited to claims for damages and injunctive relief.
6. The Company reserves the right to take any and all legal measures to protect its intellectual property rights. If User become aware of any unauthorized use of the Company Content, User are obligated to immediately notify the Company. The Company will take appropriate action to address any such unauthorized use, including issuing takedown notices and pursuing legal remedies. The Company reserves the right to terminate User access to the Platform and the Company Content without notice if User violate these intellectual property rights provisions. Such termination will not limit the Company’s rights to pursue any other remedies available under applicable law.
Limitation of Liability
To the fullest extent permitted by law, Company and its affiliates, officers, directors, and employees will not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to emotional distress, loss of data, or interruption of services or the Platform.
Indemnification
User agrees to indemnify and hold harmless Company, and its affiliates, employees, directors from any claims, damages, losses, or liabilities arising from:
1. User’s unauthorised use of the Platform.
2. User’s violation of these Terms.
3. User’s infringement of any third-party rights, including intellectual property or privacy rights.
Termination
1. Company reserves the right to suspend or terminate User’s access to the Platform at any time if User’s violate these Terms or engage in any conduct that harms the integrity of the Platform in whole or part.
2. User may terminate User account at any time by contacting contact@swastham.life
3. Upon termination, User loses the right to access the Platform, and all provisions of these Terms related to intellectual property, indemnification, and limitation of liability will continue to apply.
Governing Law and Dispute Resolution
These Terms will be governed by the laws of India. Any disputes arising out of or in connection with these Terms will be resolved through binding arbitration under the Indian Arbitration and Conciliation Act, 1996, with the arbitration conducted in Pune, Maharashtra. If arbitration is not available, the courts of Pune will have exclusive jurisdiction.
Contact Information
If User has any questions or concerns about these Terms, please contact us at contact@swastham.life
Maintenance
You may access the Platform at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. If the maintenance, updates or upgrades is planned, we will provide you with as much notice as is reasonably practicable. Your ability to access the Platform may otherwise depend on factors outside of our control and we do not guarantee that the Platform will be available at all times or accept any responsibility for these factors, such as the quality of your internet connection, the type of computer or other device that you use to access the Platform, or your other software.
General
1. Force Majeure: Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in this Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in laws and regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots or any other similar events.
2. Interpretation: These Terms will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the Terms. The headings, titles, and captions contained in these Terms are merely for reference and do not define, limit, extend, or describe the scope of these Terms or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in these Terms includes the masculine, feminine, and neutral, and (b) the word "including" means "including, without limitation”.
3. No assignment: These Terms may not be assigned by You, in whole or in part, without Company’s prior written consent. Any attempted transfer or assignment by User in violation hereof shall be null and void.
4. No agency relationship User agree that no joint venture, employment, or agency relationship exists between us as a result of these Terms or due to User’s use of the Website.
5. No waiver Failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
6. If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
7. Survival The Disclaimer of Warranties, the Limitation of Liability, Indemnity, the Jurisdiction and applicable Laws provisions will survive any termination of these Terms.
8. Entire Agreement These Terms and the privacy policy for the Platform together constitute the entire agreement between User and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between User and the Company relating to this subject matter.
Changes
The Company reserves the right to modify these Terms at any time. We will notify User of any material changes by email or through in-Platform notifications. User continued use of the Platform after such changes constitutes User acceptance of the revised Terms. Company has and shall always have the right to modify, change, substitute, remove, suspend or update these Terms or any information in it at any time by sufficiently highlighting on the Platform such change. Such changes to these Terms shall be effective immediately upon posting on the Platform the revised Terms and a notification related thereto.

TERMS & CONDITIONS