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Terms & Conditions

This page was last updated on 31st Mar 2023.

Niyama Digital Healthcare Pvt Ltd ( “Niyama,” or “we,” or “us,” or “our”) is interalia in the business of providing online servicesin healthcare sector. This Terms and Conditions of Use (“Terms of Use”) governs your access and use of our Services (as defined below) and the websites located at www.niyama.ai or in any other websites, and the affiliated Niyama mobile application on which we post these Terms of Use (collectively, the “Platform”). 

The Terms of Use is subject to change from time to time. You are advised to review these Terms of Use carefully while using our Services each time. By accessing or using the Platform or using ourServices each time, it shall be deemed that you have accepted and agreed to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform or Services and you must promptly exit the Platform and stop using the Services.

In these Terms of Use, the terms “you” and “your” means you, as the user of the Services, your dependents if any, any other person accessing your User Account (as defined below), and each of your heirs, assigns, and successors for whom you have registered. 

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These Terms of Use contains the following sections:

  1. Description of Services.
  2. Eligibility and Platform Requirements.
  3. User Account.
  4. Payments and Recurring Billing.
  5. Cancellations and Refunds.
  6. Prescription Terms and Pharmacy Services.
  7. Intellectual Property.
  8. Communications.
  9. Rules and Prohibitions.
  10. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.
  11. Modification, Suspension, or Termination of Platform, Services, or User Accounts.
  12. Dispute Resolution.
  13. Third-Party Services.
  14. General Terms.

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Annex: Additional Third-Party Terms

1. Description of Services.

1.1 The services offered through the Platform (collectively, “Services”) may include:

  • Online and technology enabled access to telehealth services, including mental health diagnosis and consultation, psychotherapy, counselling, ayurveda consultation, nutrition and health coaching, medication prescription, yoga videos, fitness/exercise consultations, general medical advice and consultation (“Telehealth Services”), by qualified licensed medical professionals including psychiatrist, psychotherapist, ayurveda specialist, and licensed therapists, nurse practitioners or doctors, and other qualified health care providers that work with Niyama (“Providers”)
  • Regular monitoring of care and progress tracking
  • Resources on mental and behavioural health, including internet delivered psychotherapy services, psychotherapy exercises, meditation, yoga videos, interactive worksheets, and journaling notes, etc.

1.2 The Platform provides you with access to TelehealthServices through the Providers who may be either be employed or contracted byNiyama. The Platform may also provide access to prescription fulfilmentservices offered by third party pharmacy partners or distributors from time totime (the “Pharmacies”), and laboratory and diagnostic servicesfrom Niyama third party laboratory partners from time to time (the “Labs”).

1.3 The Services may change from time to time, and Niyamamay choose to add new Services or suspend or discontinue some or all theServices, in its sole discretion.

Your Relationship with Us.

1.4 Niyama does not provide medical services,including via the Platform. Niyama operates the technology platform throughwhich you can connect with Providers, which include Psychiatrists,Psychotherapists, Ayurveda doctors, or other qualified medical provider such asGeneral Practitioners, Physicians etc, Nutritionists, Yoga Therapist etc whorender Telehealth Services and receive other available Services. The Providersmade available through the Platform are qualified specialists or consultantsand use their expert services in rendering Telehealth Services. Niyama providesadministrative, payment, technological and other supportive services for theProviders. The Providers will ensure quality and appropriateness of the carethey render to you on the Platform, and any professional advice received from aProvider on our Platform comes from the Provider alone and not from Niyama. Alwaysseek the advice of a physician or other qualified health care prescriberconcerning questions you have regarding a medical condition and beforestopping, starting the use of Services, or modifying any treatment or medication.

1.5 You will be matched with available Providers based on the information you submit to the Platform, and you will have the option to choose and/or switch Providers.The Telehealth Services you receive may vary depending on the Provider you interact with. Niyama does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or medical treatment, and you can report a complaint relating to the care provided by a Provider. Niyama does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or medical treatment, and you can report a complaint relating to the care provided by a Provider.

1.6  Niyama does not sell, service, market, trade or promote or recommend or endorse any specific Providers, tests, medications, health care products, or procedures, and shall not in any way be liable for any Telehealth Services or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. 

By accepting these Terms of Use, you acknowledge and agree that Niyama is not a health care provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Niyama. Further, Niyama does not control or interfere with any professional service provided by the third part labs, Labs and third-party Pharmacies, each of which is solely responsible for the provision of professional services rendered via the Service.

Telehealth Services.

1.7 Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location.  The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.

1.8 To receive Telehealth Services, you must agree to the Telehealth Informed Consent, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by the Medical Groups and Providers on the Platform. By agreeing to these Terms of Use, it is understood that you have tendered Telehealth Informed Consent as well.

1.9 The Providers have also adopted a Notice of Privacy Practices describing their collection and use of your health information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from your Provider(s) and also Niyama.

1.10 Where appropriate, your Provider(s) may also request your cooperation in obtaining records from your previous healthcare providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other healthcare providers that you see).

IF YOU BELIEVE YOU HAVE AN EMERGENCY, YOU CAN CALL YOUR LOCAL HELPLINE IMMEDIATELY. If you are thinking about suicide or if you are considering taking actions that may cause harm to yourself or others, call the National Suicide Prevention Hotline anytime at 18005990019 or local suicide prevention helpline or go to the nearest emergency room.

1.11 Niyama’s platform and Services, including the Telehealth Services, are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platform. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should always continue to seek the advice of your Physician or General Practitioner or other qualified Health care provider  concerning questions you have regarding a medical consultation before starting or stopping or modifying any treatment or medication.

Please be aware the Telehealth Services will stop being provided at the termination of your Subscription or Services.

The Services are not an Insurance product

1.12 The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under any law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.

Other Platform Content.

1.13 Outside of health care advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Niyama. All information provided by Niyama or in connection with any communications supported by Niyama (including resources from the Internet delivered Psychotherapy, Psychotherapy exercise library, meditation guides, articles and blog posts published on Niyama’s website and other general healthcare-related information and self-awareness or guided resources), is intended to be for general information purposes only, and is in no way intended to create a healthcare provider-patient relationship.

2. Eligibility and Platform Requirements.

2.1 Only users eighteen (18) years of age or older and who have accepted these Terms of Use may access the Platform or Services. By visiting, accessing, registering with, or using the Platform, or by purchasing or using any Services through the Platform, you represent and warrant to Niyama that you are a natural person and of 18 years of age or older. If you are under the age of 18, please do not attempt to access the Platform, register for our Services, or provide any personal information about yourself to us without your parental consent. If we learn that we have collected personal information from someone under the age of 18, without their parental consent, we will promptly delete that information.

Your Device Functionality.

2.1 Only users eighteen (18) years of age or older and who have accepted these Terms of Use may access the Platform or Services. By visiting, accessing, registering with, or using the Platform, or by purchasing or using any Services through the Platform, you represent and warrant to Niyama that you are a natural person and of 18 years of age or older. If you are under the age of 18, please do not attempt to access the Platform, register for our Services, or provide any personal information about yourself to us without your parental consent. If we learn that we have collected personal information from someone under the age of 18, without their parental consent, we will promptly delete that information.

Your Device Functionality.

2.2 You are responsible for obtaining and maintaining your device, mobile phone, software, operating system, carrier, and network access necessary to properly access and use the Services. Niyama does not guarantee that the Platform or any portions thereof will function on or in connection with any device, software, operating system, carrier, or network.  Niyama will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Niyama is in no way responsible for your carrier rates and data fees, where applicable.

3. User Account.

Registration.

3.1 To access the Services on the Platform, you must first create a personal user account with Niyama through the Platform (“User Account”). To create a User Account, you must accept and agree to these Terms of Use. You may be required to satisfy certain conditions precedent imposed by Niyama (including, for example, providing additional information to Niyama and entering into additional agreements with Niyama and/or its third-party affiliates).

3.2 You can have only one (1) User Account for your self-use. A User Account is not transferable between individuals. However, you may, as a caregiver, register your children, family members, friends, and colleagues under your account to enable them to connect receive mental health services.

User Account Activity and Responsibility.

3.3 You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact support@niyama.ai  immediately if you suspect that another individual or third party has gained access to your User Account.

Refusal of Services on Fraud.

3.4 Niyama may, but does not assume the obligation, to request further health information from you to provide the Services. If you do not provide timely information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, Niyama may refuse to provide its Services to you, cancel your Subscription or deactivate your User Account for any reason in Niyama’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent supply of medication by the Pharmacies or other chosen local pharmacy.

Account Deactivation.

3.5 You may deactivate your User Account by contacting us at support@niyama.ai.  Without limiting the survival of certain provisions in these Terms of Use, the Terms of Use shall continue to apply to our relationship with you unless you deactivate your User Account in accordance with these Terms of Use. For clarity, cancelling a Subscription will not operate to deactivate your User Account or the Terms of Use governing your User Account.

3.6 You shall not be entitled to any further Services once your User Account is deactivated, or subscription is cancelled for any reason whatsoever.

4. Payments and Recurring Billing.

Your Payment Information.

4.1 Niyama will collect fees at the prevailing rates, through your credit card or debit card, or your payment wallet, or to your net banking account, associated with your User Account while registration with Niyama, as identified in your User Account, in accordance with these Terms of Use.  Receipts for payments will be emailed to you and can be accessed through your User Account. You represent and warrant that

4.1.1 the credit card or debit card information or bank account information you provide to Niyama is true, correct, and complete, and

4.1.2 that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card.

4.2 You will promptly notify Niyama if your payment information has changed, if your payment method has been cancelled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your Subscription or other Services.

Subscriptions and Recurring Payments.

4.3 If you purchase a subscription to the Services (“Subscription”), except for any free trial periods, Niyama will charge you a Subscription fee at the prevailing rate presented to you (“Subscription Fee”). The Subscription gives you access to the Services for one month, or a different subscription period stated on the Platform (“Subscription Period”). Unless otherwise stated when you sign up for a Subscription, your selected Services will automatically renew for a further Subscription Period with the Subscription Fee (including any applicable taxes) and will continue to do so unless we are either no longer offering that Service, in which case we will notify you, or your Subscription has been cancelled in accordance with these Terms of Use.

4.4 The billing period for your Subscription Fee begins from the time of registration (i.e., when you register, enter your payment method, and pay the initial Subscription Fee), and again at the start of each subsequent Subscription Period. By signing up for a Subscription, you agree to pay your Subscription Fee in full for each Subscription Period and authorize your payment method on file to be billed automatically for each Subscription Period by Niyama’s third-party payment processor for the entire length of your Subscription, regardless of whether you have used the Services during the Subscription Period, and this will remain unchanged until your Subscription ends or is cancelled. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your Subscription. You will be responsible for paying all past due amounts if any. You acknowledge that billing may not occur on the exact date of each month.

Other Fees.

4.5 You agree to pay all other fees and charges, if charged, associated with your User Account that are not included in the Subscription Fee, such as, appointment-no-show fees, cancellation fees or late rescheduling fees, third party vendor costs such as cost of prescribed medication and refills, costs of laboratory tests, costs not covered by your health insurance plan, and any fees for any Services that are not charged on a Subscription model (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full.

Trials and Promotional Fees.

4.6 Niyama may periodically offer discounts to its Services in the form of free trial periods or promotional discounts. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. If your Subscription includes a free trial, you will not be charged the applicable Subscription Fee during your free trial. To obtain the free trial, you may be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Subscription will automatically convert into a paid Subscription and your payment method will be charged at the applicable Subscription Fee unless you have cancelled your Subscription. If your Subscription includes a promotional fee, you will be charged the promotional fee for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the full, non-promotional rate. You may cancel your Subscription during your free trial or promotional period to avoid being charged the full applicable Subscription Fee in accordance with Section 5 (Cancellations and Refunds).

4.7 You may only be permitted to use one free trial or promotional fee offer. If your Subscription is ever cancelled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible for a free trial or to take advantage of another promotional fee offer.

Insurance.

4.8 Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Services with your insurance plan, you authorize Niyama or one of its affiliates or third-party partners, including the Medical Groups, Pharmacies and/or Labs, to charge your payment method on file for the In-Network Subscription Fee, if applicable, and any fees not covered by your insurance, such as co-pays, co-insurance, deductibles, and “Other Fees”. If all or any portion of the Services are not covered or paid by your insurance plan, either fully or partly, for any reason or you do not have health insurance, you understand that you will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all Subscription Fees and Other Fees associated with your User Account. Questions about non-payment should be directed to your respective Health Insurer. You agree to inform Niyama immediately if you lose your health insurance and/or can no longer pay for treatment.

Changes to Subscription Fees, Other Fees, or Subscription Features.

4.9 All fees published on the Platform are set by Niyama in its sole discretion and it may change fees from time to time. Niyama will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. We may change the Subscription terms, Subscription Fees or Other Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change or cancel your Subscription before applying those changes to your User Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued enrolment in your Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Subscription at the revised rates and/or terms, you must let Niyama know prior to the end of your then current Subscription Period in accordance with Section 5 (Cancellations and Refunds) (so that at the end of that Subscription Period, your Subscription will end), otherwise the revised rate and/or terms will apply on and from the next Subscription Period.

Third-Party Payment Processor.

4.10 All credit card, debit card, and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Niyama itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees or taxes such as GST, that is due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Niyama may undertake further collection action, including the application of GST Taxes or fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.

Waiver of Claims and Unauthorized Payments.  

4.11 You agree to waive all claims against Niyama and its third-party affiliates, including Niyama’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of Niyama’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Niyama so that Niyama can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Niyama will assist in correcting the alleged unauthorized payment, provided that such claim is received by Niyama within thirty (30) days of the disputed charge or payment.

5. Cancellations and Refunds.

Cancelling Subscription.

5.1 When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. You can  cancel by clicking “Cancel Subscription” in your User Account no later than the day before your next scheduled billing date to cancel your Subscription.  If you do not cancel before this time, Niyama reserves the right to charge you for the next Subscription Period and cancel your Subscription in the following Subscription Period.

5.2 Except as otherwise stated herein or required by applicable law, no refunds will be provided for a partial Subscription Period, but you will continue to have access to the Subscription until the next billing cycle. Notwithstanding any other terms, Niyama reserves the right to cancel your Subscription in its entirety at any time and for any reason, with or without prior notice. If Niyama exercises its right to cancel a Subscription, it will refund the current Subscription Period’s Subscription Fee as required by law.

5.3 Once you cancel your Subscription, your access to and use of the Services will continue till the end of your then current Subscription Period and thereafter end, but you will continue to have access to certain information maintained within User Account, such as personal health information. Please note that all services, will end once cancellation takes effect. You should talk to your Provider before discontinuing your medication which has been prescribed. Abruptly stopping certain medications can impact your health.

5.4 Any other Services that are paid per Service (e.g., single visits with a Provider not part of a Subscription) may be rescheduled but are not cancellable after purchase.

Refunds.

5.5 All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time in accordance with Section 5 (Cancellations and Refunds) to stop incurring future Subscription Fees. Niyama reserves the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

5.6 All medication orders are final once shipped by the Pharmacies or the Pharma distributors and the order cannot be returned or refunded. This is to protect the integrity of the medication and the health of the patient, as well as to comply with applicable laws. However, if you think you have received the wrong medication, have received an order in error, or have any other questions, please contact us at support@niyama.ai  

6. Prescription Terms and Pharmacy Services.

6.1 Niyama does not sell, promote, endorse, market, trade any specific medication, pharmacy, or pharmacological product. There is no guarantee a prescription will be written by using the Services unless it is deemed appropriate by your prescriber based on treatment diagnosis arrived after a complete evaluation. If a Provider prescribes a medication, the Provider will limit supply based upon applicable regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. Providers may also deny care for actual or suspected misuse of the Services for prescriptions.

6.2 You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer. You agree to read fully and carefully all provided product information and labels and to contact your Provider, or another physician or pharmacist if you have any questions regarding the prescription. You acknowledge and understand that your misuse of prescription medications obtained through our Platform or Services may result in undesirable or unexpected consequences. Niyama or their providers do not accept any liability for the consequences arising from the application, or misuse of any prescription medications made available through the Platform or Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription products. Please note that the cost of medication is not included in your Subscription Fee and will be billed and door delivered separately at the option of yours and the costs of which will be paid to the respective pharma distributors or vendors.

7. Intellectual Property.

7.1 Intellectual Property. With the exception of your User Materials (as defined below), Niyama retains all right, title, and interest in and to the platform, the services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Niyama’s trademarks, service marks, and logos or those of Niyama’s third-party licensors are strictly prohibited without the prior written permission of Niyama or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.

7.2 So long as you comply with these Terms of Use (including timely paying any Subscription Fees and Other Fees associated with your User Account), Niyama grants you a limited, non-exclusive, personal, revocable, non-transferable, and non-sub-licensable right and license to access the Platform and use any paid-for Services for the duration of your Subscription or while your User Account is active, as applicable.  Other than User Materials (which you own), neither the Platform and Services, nor any part of the Platform and Services, may be reproduced, duplicated, copied, or otherwise exploited for any commercial purpose without express written consent of Niyama. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Niyama without express written consent of Niyama. You may not use any meta tags or any other “hidden text” utilizing Niyama’s name or trademarks without the express written consent of Niyama. The content of the Platform, including without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Niyama.

7.3 User Materials. All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Platform or your User Account, including any medical information you provide via Platform, if any and as applicable, is referred to in these Terms of Use as the “User Materials.”

7.4 You own and are responsible for all User Materials and grant Niyama and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use the User Materials, to the extent permitted by law, in order to provide the Services or as otherwise permitted in our Privacy Policy.

7.5 You agree not to provide any User Materials that

7.5.1 are false, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour,

7.5.2 violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or

7.5.3 contain or transmit a virus or any other harmful component.

7.6 Niyama may, but does not assume the obligation to, monitor and/or delete any User Materials that it deems in its sole discretion to be in violation of the foregoing sentence. You represent and warrant that you have the legal right and authorization to provide all User Materials to Niyama, and if relevant, its related third parties, so that Niyama or those entities can provide you with the Services.

7.7 Feedback. Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform or Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions without any obligation to you.

7.8 By sending us any Feedback, you further

7.8.1 agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback

7.8.2 acknowledge that we may have something like the Feedback already under consideration or in development

7.8.3 grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and

7.8.4 irrevocably waive, and cause to be waived, against Niyama and its users any claims and assertions of any moral rights contained in such Feedback.

7.9 These provisions regarding Feedback shall survive any termination of your User Account, these Terms of Use, or the Platform or Services.

8. Communications.

8.1 Consent to Electronic Communications. By opting in to use Niyama’s Platform and Services, you affirmatively consent to conduct business electronically with Niyama and you agree that

8.1.1  all agreements and consents can be signed electronically, and

8.1.2 all notices, disclosures, and other communications that we provide to you electronically to satisfy any legal requirements, be construed that such notices and other communications are deemed to be served in writing.

8.2 Consent to Receive Calls and Text Messages. By providing your mobile number, sending Niyama an initial text, or otherwise opting-in to receive telephonic or WhatsApp communications from Niyama, you are agreeing to be contacted by or on behalf of Niyama at the mobile number you have provided, including calls and text messages, regarding your User Account and use of the Platform and Services. These text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences from Niyama at any time by going through your User Account. By consenting to receive Niyama text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

8.3 We may send you one or more welcome messages or administrative messages, such as (in some cases), a request to confirm you opting-in. After that, you will receive recurring text messages on how to use our Services (e.g., if you communicate with us through SMS, or WhatsApp, or if you send a HELP request to us).

8.4 You can opt out of marketing text messages from Niyama at any time by texting the word “STOP” to a text message from Niyama. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us unless and until you re-consent to receiving text messages again. You also understand and agree that we have provided you with reasonable methods of opting out, and that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Please be advised that if you opt out of marketing text messages, Niyama may still send you transactional text messages about your User Account or use of the Platform and Services.

8.5 You can opt out of transactional text messages by updating your notification preferences in your User Account. We may send you a text message to confirm you opting out of transactional text messages. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you, and you may not receive important and helpful information and reminders about your Services.

8.6 If you have revoked consent and want to re-enrol in receiving transactional text messages, you can re-enrol by updating your notification preferences in your User Account.

8.7 If you are experiencing issues with Niyama’s text messaging program, you can get help by emailing to us directly at support@niyama.ai

Sensitive Communications.

8.8 You understand that while Niyama takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Niyama outside of Niyama’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of Niyama’s Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to Niyama, and receiving text messages from or on behalf of Niyama that are not encrypted. Likewise, by emailing Niyama or giving Niyama your email, you consent to receiving unencrypted emails messages from or on behalf of Niyama.

9. Rules and Prohibitions.

9.1 You understand that you may lose your right to use the Services and receive treatment if you do not abide by these Terms of Use.

9.2 In addition to other prohibitions in these Terms of Use, the following conduct is prohibited on the Platform and Services:

9.2.1 impersonating or misrepresenting your identity or your affiliation with a person or an entity

9.2.2 creating more than one User Account, or forging or manipulating headers or identifiers with a sole intention to disguise the origin of any content transmitted through the Platform

9.2.3 allowing any unauthorized person to access your User Account or to receive Services

9.2.4 harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating, or exhibiting other harmful or disrespectful behaviour toward Providers or staff of Niyama and relevant third parties providing Services to you, or disrupting the care of other patients, as we determine in our sole discretion

9.2.5 obtaining prescriptions from multiple prescribers without each prescriber’s (including your Provider(s)) knowledge of the other prescriptions (also known as “doctor shopping”)

9.2.6 accessing the Platform or using the Services, medications, or other products available through the Platform and Services, in any unlawful way or for any unlawful purposes.

9.2.7 using any software, program, process, device, application, or routine (e.g., robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify or otherwise corrupt the administration, security or proper functioning of the Platform or any servers which may host the Platform

9.2.8 accessing data not intended for you or logging onto a server or a User Account which you are not authorized to access.

9.2.9 posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct;

9.2.10 attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform.

9.2.11 running any antivirus or antispyware software that is set to override the internet browser’s cookies setting.

9.2.12 in any way infringing, misappropriating or otherwise violating any copyrights, trade secrets, or other rights of Niyama or any third party

9.2.13 incorrectly identifying the sender of any message transmitted to Niyama or altering the attribution or origin of electronic mail, messages, or posting

9.2.14 violating the privacy rights of any person, including harvesting or collecting personal information or personal health information about any other individual who uses the Platform or the Services

9.2.15 transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation

9.2.16 otherwise using the Services in any manner that exceeds the scope of use granted herein; and/or

9.2.17 attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing.

9.3 Your User Account may be terminated for any of the above infractions. You agree to defend, indemnify, and hold harmless Niyama and its Related Parties (as defined below) from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Platform or any breach of the Terms of Use, including this Section 10. Violations of applicable laws and system or network security may result in civil or criminal liability. Niyama may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

10. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.

10.1 YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NIYAMA AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE PHARMACIES AND THE LABS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. NIYAMA DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.

10.2 NIYAMA DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES, INCLUDING MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW. NIYAMA, THE MEDICAL GROUPS, THE PHARMACIES, THE LABS AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS (INCLUDING MEDICATION) OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION.

10.3 YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS, PHARMACIES, LABS, OR OTHER USERS OF THE PLATFORM. NIYAMA SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE NIYAMA MEDICAL GROUPS, PHARMACIES, LABS, OR THE PROVIDERS.

LIMITATION OF LIABILITY.

10.4 TO THE FULLEST EXTENT PERMITTED BY LAW, NIYAMA AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE PHARMACIES AND THE LABS, AND ANY OF NIYAMA’S AND SUCH THIRD PARTIES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE.  THE MAXIMUM LIABILITY OF NIYAMA, THE THIRD PARTIES OR NIYAMA’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.

10.5 ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.

10.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Release.

10.7 You hereby release and hold harmless Niyama, the Providers, the Medical Group, the Pharmacies, the Labs and its and their Related Parties from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform or Services and products offered or provided on or through the Platform or Services and/or the rights and privileges granted or conveyed by you under these Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).

10.8 Indemnification. You agree to indemnify, defend, and hold harmless Niyama, the Third Parties (as defined herein) offering products or services through the Services, including the Medical Groups, the Providers, the Pharmacies and the Labs, and its and their Related Parties from and against any claim, actions, proceedings, demands, damages, losses, liabilities, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and litigation expenses (“Claims”), resulting or arising from, or alleged to result or arise from,

10.8.1 your violation of these Terms of Use or the Privacy Policy,

10.8.2 your use or misuse of the Platform, Services, products or features available through the Platform and Services, or any information posted on the Platform.

10.8.3 your fraud, misrepresentations, violation of law, negligence, or wilful misconduct.

10.8.4 the content or subject matter of any User Materials or other information you provide to Niyama, the Third Parties or any customer service agent

10.8.5 any text messages or other communications that you initiate to other Users or to third parties through our Services; or

10.8.6 your infringement of third-party intellectual property rights or privacy rights.

11. Modification, Suspension, or Termination of Platform, Services, or User Accounts.

Termination or Suspension of Platform, Services, or User Accounts.

11.1 Niyama has the right to suspend or terminate the function or existence of all or any part of the Platform and/or your User Account at any time, and without notice as it deems advisable, including where you violate these Terms of Use, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Niyama shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Niyama has previously prohibited you from accessing or using the Platform, you are not permitted to access the Platform or its Services.

Survival.

11.2 The provisions of these Terms of Use which by their nature are intended to survive termination or expiration hereof shall survive, including, without limitation, Section 4 (Payments and Recurring Billing); Section 6 (Prescription Terms and Pharmacy Services); Section 7 (Intellectual Property); Section 8 (Communications); Section 10 (Disclaimer of Warranties; Limitation of Liability; Release; Indemnification); Section 11 (Modification, Suspension, or Termination of Platform, Services, or User Accounts); Section 12 (Dispute Resolution); Section 13 (Third-Party Services); and Section 14 (General Terms).

Changes to the Platform and Services.  

11.3 All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by Niyama or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes).

12. DISPUTE RESOLUTION.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 We will try to work in good faith to resolve any issue you have with the Platform and Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. If you have a dispute with us, you agree to resolve such dispute on an individual basis in accordance with the provisions set forth below.

Initial Dispute Resolution.

12.2 Our customer support department is available to address any concerns you may have regarding the Platform or Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration proceeding to settle the dispute. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the user’s email address on file with Niyama, or (b) Niyama Digital Healthcare Private Ltd, New No. 11/ Old No. 28, Rukmani Street, West Mambalam, Chennai 600017, Tamil Nadu (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

Agreement to Arbitrate.

12.3 If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below before a Sole Arbitrator who shall conduct the Arbitration Proceedings in accordance to the Laws of India and subject to the provisions of the Arbitration and Conciliation Act, 1996. The venue of the Arbitration proceedings shall be Chennai, India. The proceedings shall be in English, and the Arbitrator’s decision shall be final and binding.

13. Third-Party Services.

13.1 Parties other than Niyama, including but not limited to the Medical Groups and Providers, third-party Pharmacies, the Labs and payment processors, provide services or sell products through the Services (collectively, “Third Parties”), and Niyama may also make available to you certain services, products, content or resources provided, manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”), including links to and advertisements related to Third-Party Goods and Services. Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third Parties. Any use of third-party software explicitly integrated in connection with the Services, or any Third-Party Goods and Services, will be governed by the applicable Third Party’s license or terms of use, if any, including under the Annex to these Terms of Use, and if there is no such license or terms of use, by these Terms of Use. In addition to these Terms of Use, your use of the Platform and Services must comply with all applicable third-party terms of agreement, if any. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services.

13.2 You agree that Niyama shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that Niyama is under no obligation to become involved in such dispute, and you hereby release and indemnify Niyama and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

13. Third-Party Services.

13.1 Parties other than Niyama, including but not limited to the Medical Groups and Providers, third-party Pharmacies, the Labs and payment processors, provide services or sell products through the Services (collectively, “Third Parties”), and Niyama may also make available to you certain services, products, content or resources provided, manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”), including links to and advertisements related to Third-Party Goods and Services. Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third Parties. Any use of third-party software explicitly integrated in connection with the Services, or any Third-Party Goods and Services, will be governed by the applicable Third Party’s license or terms of use, if any, including under the Annex to these Terms of Use, and if there is no such license or terms of use, by these Terms of Use. In addition to these Terms of Use, your use of the Platform and Services must comply with all applicable third-party terms of agreement, if any. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services.

13.2 You agree that Niyama shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that Niyama is under no obligation to become involved in such dispute, and you hereby release and indemnify Niyama and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

14. General Terms.

14.1 Governing Laws & Jurisdiction:  The arbitration will be administered by the laws of India, and the appropriate Courts of Chennai, India, shall have exclusive jurisdiction or any disputes, irrespective of where the cause of action arose.

Force Majeure.

14.2 You understand and acknowledge that the Platform may be subject to limitations, delays, and other problems inherent in the use of third-party communication networks and facilities that are outside of Niyama’s control, and thus Niyama will not be responsible for any delays, failures, or damages associated with the Platform which result from any system delays, downtimes, interruptions, or other failures of or problems with the Platform which are outside of Niyama’s control. We will not be deemed to be in breach of or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including Telehealth Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Amendments to Terms of Use.

14.3 Except what is provided in the Dispute Resolution provision in Section 12, Niyama may revise these Terms of Use from time to time without notice to you. Revision to the Terms of Use, is in our sole discretion, and shall be notified to you as required by law. These changes will be posted on website or a similar page of the Platform. By continuing to access or use our Platform or Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms of Use periodically.

Severability and Entire Agreement.

14.4 If any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Niyama and you pertaining to the subject matter hereof.

No Waiver.

14.5 No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Niyama’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

Assignment.

14.6 You may not assign, transfer, or delegate the Terms of Use or any part thereof without Niyama’s prior written consent. Niyama may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of your and Niyama’s heirs, successors, and permitted assignees.

No Third-Party Rights.

14.7 By accepting these Terms of Use, you acknowledge and agree that any Services you receive from the Medical Groups, the Providers, the Pharmacies, or the Labs through the Platform are also subject to these Terms of Use, and that the Medical Groups, the Providers, the Pharmacies, and the Labs are third-party beneficiaries of these Terms of Use. Otherwise, unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms of Use, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use.

Contact Us.

14.8 Please direct any questions you may have about the Platform, Services, or these Terms of Use through email to support@niyama.ai

14.9 The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms of Use.

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ANNEXURE: ADDITIONAL THIRD-PARTY TERMS

Apple iOS or Android App

If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS or Android operating system, you acknowledge and agree that:

• the iOS or Android App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS or Android operating system.

• these Terms of Use are between you and Niyama, and not with Apple or Google (Android).

• Apple or Google has no obligation at all to provide any support or maintenance services in relation to the iOS or Android App, and if you have any maintenance or support questions in relation to the iOS or Android App, please contact Niyama, not Apple or Google.

• except as otherwise expressly set forth in these Terms of Use, any claims relating to the possession or use of the iOS or Android App are between you and Niyama (and not between you, or anyone else, i.e., Apple or Google).

• in the event of any claim by a third party that your possession or use (in accordance with these Terms of Use) of the iOS or Android App infringes any intellectual property rights, Apple/Google will not be responsible or liable to you in relation to that claim; and

• although these Terms of Use are entered into between you and Niyama (and not Apple/Google).  Apple or Google, as a third-party beneficiary under these Terms of Use, will have the right to enforce these terms against you.

In addition, you represent and warrant that:

• you are not, and will not be, located in any country that is the subject of a embargo by Government of India or that has been designated by the Indian Government as a “terrorist supporting” country.

• you are not listed on any list of prohibited or restricted parties by the Government of India; and

• if the iOS or Android App does not conform to any warranty applying to it, you may notify Apple/Google, which will then refund the purchase price of the iOS or Android App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple /Google does not give or enter into any warranty, condition or other term in relation to the iOS or Android App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS or Android App or as a result of you or anyone else using the iOS or Android App or relying on any of its content.

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