Livespire Pvt Ltd (together with its affiliates, are referred to as the “Company”) is engaged in providing Services (defined in paragraph 1 of these Terms of Service) to persons who utilize and/or subscribe to such Service (“User”) through our mobile application in the name and style of “FlexifyMe” and/or the website at www.flexifyme.com (collectively, “Platform”).These Terms of Service (“Terms”) constitute a legally binding agreement between you and the Company governing your use of the Service, through our Platform.”YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON ON OUR WEBSITE OR ON OUR MOBILE APPLICATION, REGISTERING FOR AN ACCOUNT, DOWNLOADING OUR MOBILE APPLICATION OR ANY UPGRADES TO SUCH APPLICATION, USING OR ACCESSING THE PLATFORM, YOU ARE INDICATING AND UNDERTAKING THAT YOU HAVE READ, UNDERSTOODD AND HAVE AGREED TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM.”These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Platform, whichever is earlier. Any personal data you submit to us through the Platform or which we collect about you is governed by our privacy policy (“Privacy Policy”), available at https://www.flexifyme.com/privacy. You acknowledge that by using or accessing the Platform you have reviewed, understood and agreed to the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and together form part of and are hereinafter referred to as this "Agreement".
We are engaged in providing services in relation to (a) diagnosis of chronic pain caused by musculoskeletal disorders through an artificial intelligence-based software application owned and developed by us in the name and style of ‘Flexify AI Motion Coach’ (“AI Software”) and/ or also by Service Providers ; and (b) health and wellness such as yoga, meditation, physiotherapy, orthopaedics and nutrition related services, through persons engaged by the Company to provide such services on the Platform (“Service Providers”) to the Users (collectively, “Service” or “Services”). The Service Providers, with help of the initial study of the AI Software, provide a diagnosis under the scope of sub-clause (b) above.
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to the User. Any changes to these Terms shall be effective immediately following the posting of such changes. The User agrees to review these Terms from time to time and agree that any subsequent use by the User following changes to these Terms shall constitute the User’s acceptance of all such changes.
Users registering for the Services must be at least eighteen (18) years of age. In case the User is below 18 years of age, the User’s registration information must be verified by their parents/guardians. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization and/or registration. When the Users access the Platform, they are solely responsible for compliance with the laws and regulations of their jurisdiction.
The User may use the Services only for lawful purposes and in accordance with these Terms. We specifically prohibit the use of the Services, and all Users agree not to use the Services, for any purposes other than as designated by the Company, in the manner and in accordance with these Terms.The User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mail-bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data(f) the use of robots to skew payouts. Violations of system or network security or inappropriate conduct may result in civil or criminal liability and the Company reserves the right to seek claims of any injury / loss from the User if they are found violating or attempting to violate the security of the Services with these Terms; or (g) reverse engineering the AI Software and any other software used by the Company in relation to providing Services on the Platform. The Company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting Users who are involved in such violations.
The User is solely responsible for the information he/she input or upload to the Platform and warrant and represent that the they have the right and authorization to register for the Services and post ‘User Generated’ content. The Company reserves the right in its sole discretion to (i) decide whether the information the User inputs or uploads is appropriate, complies with these Terms, other Company and Platform policies and applicable laws and regulations and (ii) to discontinue any of the User’s services or debar such User from the Platform if such User violates any of the provisions of these Terms, the Platform’s policies or any other applicable law or regulations. If the User registers for the Services, she/he will be asked to provide certain information including a valid email address. The User warrants and represents that all such information is current, accurate and will be kept up to date The User further represents and warrants that the User is not impersonating anyone and has created the account on the Platform for themselves and not for any third-party. The User’s privacy rights are set forth in Company’s Privacy Policy. Further, the Company may offer, Company or third-party services and products to the User based on the preferences that the User identifies at the time of registration and at any time thereafter, unless the User opts-out of receiving third party services and products.
The User is responsible for maintaining the confidentiality of his/her information as it relates to the Services, including the username and password, and is responsible for all uses of the username and password whether or not authorized by the User. If the User wishes to have someone else use his/her device, it is important that the User always log out in order to prevent another individual from gaining access to his/her account. The User agrees to immediately notify the Company of any unauthorized use of his/her username and password.
a - The Company is not not engaged in prescribing and selling any drugs, medicines, supplements to its Users on the Platform. The Company is only offering the Platform to provide the Services through the AI Software and the Service Providers as set out in paragraph 2 of these Terms. Additionally, the Company has, through the terms of use of the Platform by Service Providers, restricted Service Providers (referred to as “Service Provider TOU”) to prescribe any drugs, medicines supplements as set out under the Drugs and Cosmetics Act, 1940 read with the rules thereunder.For the avoidance of any doubt, it hereby clarified that the Company does not provide or endorse any medical recommendation or opinion and through the Platform, allows the User to merely (i) generate reports for diagnosis of musculoskeletal disorders; and (ii) connect with the Service Provider on the Platform - by providing details of the Service Provider to the User. The use of the Service does not create a doctor/patient relationship between the User and the Company or the Service Providers.b - We shall not be responsible or liable for any defect or deficiency in the inter alia (i) consultation or diagnosis recommended to you by any Service Provider by having placed reliance on the reports generated through the AI Software; and / or (ii) any prescription or recommendation of any medicines / drugs / or supplements, which the Service Provider is expressly prohibited from soliciting in accordance with the provisions of the relevant agreements entered into with the Service Provider read with the Service Provider TOU.c - The Service Providers empanelled on the Platform, by the Company, to provide Services, have signed / accepted contracts with us (including, in relation to having accepted the Service Provider TOU) and represented to us that they are duly qualified to provide all such Services including in relation to inter alia (i) practicing medicine in India and are enrolled on the medical register in one of the States in India pursuant to the National Medical Commission Act, 2019; and (ii) practicing physiotherapy in India and are registered as required and in the manner set out in the National Commission for Allied and Healthcare Professions Act, 2021. While we make reasonable enquiries to confirm the veracity of these representations made to us by the Service Providers, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any Service Providers or make any representations or warranties with respect to the quality of the services a Service Provider may provide to you.d - We are not responsible for the accuracy of the results of any assessment tests generated through the AI Software which will be made available as part the Services provided on the Platform. These reports generated through the AI Software are solely for information purposes to suggest probable causes and risks to Users having musculoskeletal disorders and the results and reports generated through the AI Software does not constitute a medical opinion or recommendation, and the Users shall use abundant caution and may seek advice of any medical practitioner before placing reliance on such reports generated through the AI Software.e - You shall not cause the Service Providers to place reliance on such reports and shall refrain from deterring any independent analysis by such Service Providers for any diagnosis or recommendations.Before availing the Service, the User may consult his/her physician to determine if such program is right for the User’s needs. All suggestions and comments relating to the use of any equipment, poses, moves and instruction are not required to be performed by the User and are carried out at the User’s election and complete discretion, while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis.f - By availing the Services, the User represents that he / she understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. The User understands that it is his/her responsibility to judge his/ her physical and mental capabilities for such activities. It is the User’s responsibility to ensure that by participating in classes and activities offered by the Company under the Services, he / she will not exceed his/ her limits while performing such activity, and he / she will select the appropriate level of classes for his/ her skill and ability, as well as for any mental or physical conditions and/or limitations the User has. The User understands that, from time to time the Service Providers may suggest physical adjustments, or the use of equipment and it is the User’s sole discretion to determine if any such suggested adjustment or equipment is appropriate for his/ her level of ability and physical and mental condition. The User expressly waives and releases any claim that the User may have at any time for injury of any kind against the Company, or any person or entity involved with the Company, including without limitation its directors, Service Providers, trainers, independent contractors, employees, agents, contractors, affiliates and representatives. Each User shall exercise their discretion while deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs. The Company grants the User a limited, non-exclusive license to access and use the Services for the User’s own personal and non-commercial purposes. This includes rights to view content on the Company's website and applications. If the User elects to access any component of the Services for which there is a fee, the User agrees to pay such fees and charges associated with his/ her account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on the User’s payment mode. Each User agrees to maintain valid payment information as part of the User’s account information when applicable.g - In addition to paragraph "d" of these Terms, we disclaim all liability for any actions undertaken by the User at his / her own discretion whilst utilizing the Services on the Platform and exclude all warranties with respect to all Services, information and/ or diagnosis provided by the AI Software and the Service Provider. The User hereby undertakes and covenants that he/she shall use reasonable care and prudent judgement to adjudge the use of such Services on the Platform and shall not hold Us accountable / liable for any such injury (physical or otherwise) caused to such User by utilizing the Services on the Platform.
We may allow the User to access the Platform and utilize the Services based on a subscription model entailing quarterly, half-yearly, and yearly subscriptions. Subject to the User’s payment of any applicable fees, purchases, subscriptions, the Company grants the User a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to utilize the Platform and utilize the Services in accordance with these Terms. The Company makes no guarantees as to the resolution and quality of User’s digital content when streaming. The quality and speed of the User’s stream of digital content has many different variables, including Services provided on the Platform. The Users can be entitled to a refund of the subscription monies in accordance with the refund policy available on the website at Refund policy
The Company provides different services under each subscription model and can make available to the Users access to the Services based on the subscription model selected by the User, including any additional services which the Company may provide in accordance with these Terms, basis such specific payment and subscription plans, which at the discretion of the Company, may change from time to time. The Company reserves the right, at its sole discretion, to alter or change any subscription model and specific payment plans including to the subscription pricing, membership or rent. The Company makes no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, the User expressly agrees that the Company is authorized to charge the User’s selected payment plan on the payment method the user designates. The User can update or change this information at any time by accessing the relevant section. Receipts are sent once the charge is successful to the registered email account. The User’s subscription will continue in effect unless and until the User cancels his/ her subscription or the Company terminates it. The User must cancel his/ her payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
While the Company values User feedback, the User needs to be specific in his/ her comments and should not submit creative ideas, inventions, or suggestions. If, despite the prohibition, Users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other third party. No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
The Company name and brand ‘FlexifyMe’ and any other Company trademarks, device marks, and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited. The Services (including without limitation the related software and media, the AI Software, the design of the Platform and Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (all programs, code, complied binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and/or other intellectual property rights under common and statutory laws of the India and/or under applicable laws of other countries. The User agrees that Company owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright and/or trademark, and/or other intellectual property rights under common and statutory laws of the India and under applicable laws of other countries. The User may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
Users may have the option to use Twitter, Facebook or other social networking platforms to share links and content of the Platform. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
If the Services require or include software such as a mobile application, use of software (including the AI Software available on the Platform) provided by the Company as and/or through the Platform (“Software”) the Company grants a personal, limited, non-exclusive and non-transferable license to use the Software , all portions thereof, all documentation, and all updates only for the purposes of availing Services on the Platform in accordance with these Terms. Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license. This license does not allow Users to use the Software on any device that the User does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. The User agrees that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. The User agrees not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for the user’s own benefit or for the benefit of any third party. The User acknowledges and agrees that use of the Software may require the Company to acquire User’s mobile phone number and perhaps additional such information in order to obtain access Software. The User agrees that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a User. The Company shall have the right, and the User agrees, that in its sole discretion and with reasonable posted notice and/or sent to the User’s email address, to revise, automatically update, or otherwise modify the Software, at any time. The User’s continued use of the Software constitutes acceptance of and agreement to such changes. This License is effective until terminated by the User or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if User fails to comply with any terms of this License. Upon termination, the User shall cease all use of the Software and delete all versions of the Software in possession of the User. The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
The Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Company does not warrant that the Services will meet User requirements or be of benefit, that the operation of Services will be uninterrupted or error-free, or that the Services are free of computer viruses or other harmful mechanisms. Should the licensed application or Services prove defective, the Company is not responsible for those costs associated with the need for servicing or replacing equipment or data. The Company makes no warranties about the accuracy, reliability, completeness or timeliness of the Services or User generated content offered or any other content accessed through the Services. The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, the Company does not assume any liability for any damage Users may experience or costs Users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on the Company’s part, or result in any liability to the User in the event that such information is inadvertently released or accessed by third parties without consent. The Company takes no responsibility whatsoever for the information the User has uploaded to the Services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. Nor is the Company responsible for loss of information through the action of any third party or because of circumstances beyond the Company’s control. All Users are expected to have their own backup of all of their information.to the fullest extent permissible under applicable law, User understands and agrees that neither the Company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the Services or from any actions the Company takes or fails to take. these include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. Company's maximum liability arising out of or in connection with this Services or use of the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount, if any, paid for the Services. The Company is not responsible for deletion or loss of files or information uploaded to the Services. All Users are expected to have their own backup of all files and information uploaded to the Services.
You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient and report generated by AI SoftwareYou hereby consent to the use of telephonic and/or electronic communications (including audio, video and written communications) through any media by our doctors and our representatives to contact you using the contact information provided to us by you and to provide our services to you remotely.You hereby consent to the recording of all communications (including audio, video and written communications) with our doctors and our representatives.You hereby consent to the recording, saving and storing of all information pertaining to you provided to us or obtained during the course of providing the service, including without limitation, personal contact information, medical history, laboratory reports, communications with our doctors and representatives, and other patient records. All such information shall be treated as confidential information by us, in accordance with our privacy policy and as per applicable laws.
In addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, User understands and agrees that neither the Company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from the User’s use or inability to use the Services or from any actions the Company takes or fails to take. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data, emotional distress and other tangible and intangible losses. The User understands and acknowledges that Company will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance. The User hereby acknowledges and agrees that Company shall have no liability whatsoever in connection with or arising from the User’s use of the Service, as set forth herein. The User’s only right or remedy regarding any problems or dissatisfaction with the Service is to uninstall it and/or discontinue the User’s use of the Service. The Company shall in no case be liable for any personal injury harm, or death related to use of the Service, or for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even if Company has been advised of the possibility of such damages. This limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the Company or its representatives have been advised of the possibility of such damages. The Company's maximum liability arising out of or in connection with the User’s use of the Services, regardless of the cause of action, will not exceed the amount, if any, paid for the Services.The Company, its affiliates, doctors, representatives or employees shall not be liable for any deficiency in service or loss, damages or adverse impact you may have incurred due to the breach of one or more of the terms and conditions (including the undertakings) by you.The Company, its affiliates, doctors, representatives or employees shall not be liable for any error in diagnosis, delay in providing the service or deficiency in service due to the occurrence of sub optimal technical conditions (including without limitation, poor network connectivity, power shutdown, service downtime, scheduled maintenance work by the internet service providers.The Company or its doctors or representatives will not be responsible for any misunderstanding or misinterpretation of any advice given by the doctors during the Service or of any terms and conditions herein.The Company or its doctors or representatives will not be liable for misdiagnosis / faulty judgment / interpretation error / perception error/Adverse events/ inefficacy of prescribed treatment or advice/validity of the advice or prescription provided by the consulting doctor in your jurisdiction of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from our Online Medical Opinion platform.In no event shall The Company or its doctors and representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of our Services.Our Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
The User agrees to defend, indemnify, and hold harmless the Company and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) the User’s use of the Services; (ii) any User generated content or communications, or (iii) the User breaches of the terms of this Agreement. The Company shall provide notice to the User promptly of any such claim, suit, or proceeding and shall assist the User, at the User’s expense, in defending any such claim, suit or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.
By using the Services the User consents to receive electronic communications from the Company. These communications will include emails about account, password, access, marketing, transactional and other information related to the Services and to the User’s account.
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between Users and the Company. These Terms of Service shall be governed by and construed in accordance with the laws of Republic of India, without regard to conflict of laws. The User irrevocably consents to the exclusive jurisdiction of the courts located in Pune, India in connection with any action arising out of or related to these Term of Service and waives any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative. The User may not assign these Terms of Service or any of the User’s rights or obligations hereunder. Except as expressly specified herein, these Terms shall create rights and obligations only between the Company and each individual User and it does not create any rights for any other parties.