Terms Of Use

These Terms of Use along with the Privacy Policy, constitute legal agreement (“Agreement”) between Live Your 150 (OPC) Private Limited, dba ‘SOHAM’ (“Company” or “SOHAM”) and the person who accesses and/ or uses the SOHAM Mobile Application and/ or the website (including related software, mobile and other applications and functions and features thereof) ("Platform"), owned and operated by SOHAM.

 

The Agreement governs the access and use by you of the Platform and the activities, services, features, functionalities and / or resources available on the Platform as described in greater detail hereinafter (the “Services”) offered by the Company. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.

 

Any reference to “you” or “your” or “user” or “customer” or “sādhaka” (if applicable) refers to you as a user of the Platform and/or the Services; any reference to “Company”, “SOHAM”, “we”, “our” and “us” shall refer to Soham Advisor Private Limited. Please read the Agreement carefully before you start to use the Platform. You and we are collectively referred to as “Parties”.

 

In consideration of your use of the Platform and the Services, you agree to comply with all the provisions of the Agreement.

 

By visiting the Platform, you unconditionally agree to be fully bound by the Agreement. The information, content and services contained in the Platform and the Agreement are subject to change and can be revised at any time at the sole discretion of SOHAM without any prior notice. You are bound by any such revisions, and therefore we advise you to review the Agreement every time you use the Platform and periodically to stay apprised of any and all changes. If you do not agree to the provisions of the Agreement, you must not use the Platform. If you do not agree with any amendments made by us to the Agreement at any time in future, you must stop using the Platform with immediate effect. 

 

By accessing and using the Platform and the features, functionalities and content, you acknowledge and agree that you have read and understood the Agreement and shall not claim invalidity of the Terms on any ground. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check-box' or on the 'continue’ button as provided on the sign-up / registration page or any such other similar actions that implies your acceptance.

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Information provided on the Platform should not be treated as an offer, solicitation, invitation, advice regarding any product or services of SOHAM. The use of the Platform by any one is subject to its Agreement, any and all applicable laws and government notifications, rules, regulations and guidelines issued by regulatory and/or governmental and/or statutory bodies. By visiting the Platform, you agree to permit SOHAM to communicate with you, from time to time, about its products and services, unless you decide to unsubscribe from receipt of such communications by following the instructions stated in said communications.

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This Agreement is and shall be deemed to be concluded and executed between you and the Company at the place of incorporation of the Company.

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Scope of Services

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The Company has created a platform to provide various health and wellness services, including but not limited to management of your health, wellness and fitness. The Platform comprises of a proprietary technology ecosystem, including a mobile application, website, software tools, algorithms, dashboards, communication interfaces and related infrastructure designed to help you understand, track and improve your health, wellness and fitness parameters. It allows you to register and maintain a user account, input and update your personal and health-related information, view assessments, scores and reports, access educational content, book or connect to third-party diagnostic and wellness services, track progress over time and receive personalised insights, recommendations, reminders and notifications.

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The key Services and functionalities available on the Platform are as follows:

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 > User onboarding, profiling and health/wellness assessments (including, without limitation, questionnaires, scoring frameworks and dashboards).

> Access to curated educational content on health, wellness, fitness, breathwork, nutrition, mindfulness and related topics (including articles, audio-visual content, classes and programs).

> Access to and integration with third-party diagnostic, laboratory, imaging, wellness, fitness and allied healthcare service providers, to the extent made available on the Platform from time to time.

   > Personalised insights, guidance and recommendations generated on the basis of information provided by you and/or received from third-party providers, subject always to the disclaimers contained in the Agreement.

   > Certain insights, scores and outputs made available on the Platform are generated using automated analytical systems, including AI-assisted processing.

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By using such features, you expressly consent to the secure transmission and processing of your uploaded reports and health-related inputs for the sole purpose of generating personalised informational outputs within the Platform.

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Such AI-generated outputs:

>> Are informational and educational in nature;
>> Do not constitute medical advice;

>> Are not diagnostic conclusions;

>> Are not treatment recommendations;

>> Should not be relied upon as a substitute for consultation with a qualified healthcare professional.

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The Company does not provide medical advice, diagnosis or treatment through the Platform.

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> Habit-building tools, trackers, reminders, notifications and “nudges” to support lifestyle modification and adherence to recommended practices.

 > Scheduling, booking or connecting functionalities for consultations, classes, sessions or programs offered by the Company or by third-party providers, where applicable.

  > Communication tools and features, including without limitation chat, messaging, in-app notifications and related functionalities, to enable you to receive general guidance and support.

> Any other feature or service that the Company may choose to introduce, modify, suspend or discontinue on the Platform from time to time, at its sole discretion.

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The Services provided by the Company to you under the Agreement shall be: (i) provided on a non-exclusive basis; (ii) used by the user only for lawful activities; and (iii) non-transferable and non-assignable by the user whether directly or indirectly.

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The Services provided herein are limited to scope defined under the Agreement and the user shall not: (i) use the Services other than in connection with lawful purposes; or (ii) sub-license the Services; or (iii) tamper with, harm, reverse engineer, modify, decompile, disassemble or otherwise attempt to extract information from the Platform; or (iv) create derivative works based on the Platform; or (v) acquire any other right or title to the Platform; or (vi) adapt, translate, remove or eliminate the Platform.

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The chat feature/ functionality on the Platform is meant only to provide general advice on health, wellness, fitness, breathwork, mindfulness, nutrition, lifestyle practices and related topics, based solely on the information shared by you. The chat feature does not constitute a medical consultation, diagnosis, treatment, prescription or emergency care, and is not a substitute for independent professional medical advice from a qualified healthcare practitioner. You should always consult a doctor or other qualified healthcare provider regarding any questions you may have about a medical condition, symptoms or treatment, and you should never disregard professional medical advice or delay seeking it because of something you have read on or received through the Platform.

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WE DO PROVIDE ANY MEDICAL ADVICE. THE ADVICE/ SUGGESTIONS/ GUIDELINES PROVIDED BY THE COMPANY OR OUR EXPERTS AS PART OF THE SERVICES OR THROUGH THE CONTENT ON THE PLATFORM IS NOT PRESCRIPTIVE AND SHOULD NOT BE SUBSTITUTED FOR CONSIDERED MEDICAL ADVICE.

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 Eligibility

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The Services available through the Platform is available only for or through the persons who are eligible to enter into binding contract under applicable laws. If you are below such age required to enter into a lawful and valid contract, please get your parents/guardian to read and accept the Agreement before you use the Platform.

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We have the right to disable your use of the Platform or Account if in our opinion you have failed to comply with any of the provisions of the Agreement, including compliance with any eligibility criteria. You are solely responsible for ensuring that you access and/or use of the Platform is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where the Agreement or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Platform or Services in any way.

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User Obligations

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You agree and undertake that you shall not use the Services to: (i) violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; or (ii) collect or harvest any personally identifiable information, including names, from the Services or to contact users other than those who are personally known to you; or (iii) impersonate or misrepresent your affiliation with any person or entity.

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You agree and undertake that you shall not: (i) access, tamper with, or use any unauthorized non-public areas of the Platform or the Company’s systems or those of the Company’s services providers; or (ii) attempt to probe, scan, or test the vulnerability of the Platform or any related system or network or breach any security or authentication measures used in connection with the Platform; or (iii) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

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You shall use its best effort to hinder and prevent piracy and hacking with respect to the Services and the Platform at its end. In the case of occurrence of any piracy and hacking with respect to the Services and the Platform, you shall inform us immediately.

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Your Account and other details

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In order to use the Services, you must create an account (“Account”) and provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, other log-in information, materials or other contact information and content (collectively “Account Information”) and / or authenticate yourself through APIs provided by third parties which the Company integrates with the Platform from time to time. You are permitted to use the Services only after proper and valid authentication, which will need to be done explicitly by you. When creating an Account, you shall provide accurate and complete information. In order for the Platform and Services available therein to function effectively, you must keep your Account Information up to date and accurate. You are solely responsible for safeguarding your authentication credentials and you agree not to disclose these credentials to any third party. You agree to take sole responsibility for any actions made using your Account, whether or not you have authorized such actions. You agree and understand that you are responsible for maintaining the confidentiality of your Account Information. You shall immediately notify Company of any unauthorized use of your Account. By providing the Company with your email address, you agree to receive all required notices electronically, to the e-mail address provided.

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It is advised that you should change the password of your Account at regular intervals. In addition to user ID and password SOHAM may, at its discretion, require you to adopt such other means of authentication including but not limited to digital certification and / or Smart Cards and/or Two Factor Authentication like Public or Private Keys / Risk Engine / Challenge Questions.

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Use of the Content

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The content as has been made available and is made available from time to time on the Platform (“Content”) is intended for informational purposes only. The term “Content” shall mean and include any content, advertisement or any other posts as posted by SOHAM on the Platform. The posting of the Content and access of the Platform by you does not constitute provision of Services by us, either explicitly or implicitly.

 

Certain Content or functionalities on the Platform that may be suitable only for consumption by adults, or under supervision of adults. User discretion is advised.

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Customer Contact

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You authorize SOHAM to call, send message and email or to contact you by any other similar means on the contact information (made available by you on the Platform either at the time of subscription, making an inquiry, making an application for any of the Services offered or otherwise), to offer you information about the Services you may have opted for or that you may be interested in. You authorize us to call, send message or email or contact you by way of any other similar means for the mentioned purpose.

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We will also use your contact details information to: (i) send you information about the Services offered by SOHAM; (ii) contact you through messages and email for reminder notices, service request processing for the Services opted by you; or (iii) keep you updated on the Content through our notifications/newsletters.

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In the event you do not wish to receive such information, you may unsubscribe through the facility in the communications you receive.

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Modification/Updating of the Agreement

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We reserve the right to change, modify, add to, or remove, portions of the Agreement at any time at will and in the event that we are required to do so as a result of any applicable regulations or as required by law for any other purpose and as amended or made applicable from time to time and as per Company policy. In the event that any material changes are made, we shall inform you by way of a notice displayed on our home page for a period 30 days from such change.

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Indemnity

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You shall indemnify, defend and hold harmless SOHAM (including its officers, directors, employees, affiliates, group/promoter companies, agents/ intermediaries, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to:(i) your access and use of the Platform or Services; (ii) any non-compliance with the Agreement hereof; (iii) any third-party actions related to your receipt and use of any information without   authorization; (iv) misuse of your Account Information; or (v) any unauthorized use of your Account and/or the Platform by you or some other person.

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Limitation of Liability

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SOHAM hereby disclaims any and all liability with regards to the accuracy, completeness and or suitability of the Content and information as is provided on the Platform and any information and/or Content that may be provided thereon from time to time. SOHAM expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use or inability to access or use of the Platform or reliance on its Content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Platform, regardless of our knowledge thereof. SOHAM shall not be liable for, any damages to, or viruses that may infect, your computer equipment, other electronics or any other property as a result of your access to, use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform.

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In no event will the Company’s or any of its shareholders’, directors’, employees’, agents’ total liability to the User for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Platform or Services, (iii) the User’s use or inability to use the Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount of consideration received by the Company from the user for accessing or using the Platform or Services.

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Confidentiality

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SOHAM takes all reasonable precautions to preserve the confidentiality and prevent any corruption or loss, damage or destruction of the data and information provided by you, in keeping with industry standard practices. All personal medical information will be kept confidential. However, SOHAM reserves the right to collect statistical, anonymous and aggregate data based on your usage of the Platform, such information does not consist of any of your private and sensitive information (such as your name, address, phone number, etc.) or your financial information (such as payment details, bank account details, etc.), to understand user behaviour and characteristics and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on the advertising banners.

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SOHAM follows generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use industry best practices to protect your personal information, we do not guarantee its absolute security and disclaim any liabilities to that effect.

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Posting messages, comments or content

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Certain portions of the Platform may be configured to permit you to post messages, comments, or other content. Any such content shall only serve and be construed as the opinion of the user posting it, is no substitute for your own research, and should not be relied upon for any purpose.

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You agree not to post any content: (i) which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or (ii) the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights; or (iii) which is in violation of any applicable law.

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You are solely responsible for the content of any postings you submit and the SOHAM assumes no responsibility or liability for any content submitted by you or any other user of the Platform. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by applicable law or in a good faith belief that such access, preservation, or disclosure is required by applicable law or in the best interests of the Company. 

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Any content you submit is for non-commercial use only. Any content you submit will be routed through the internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.

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Third-Party Service Providers and Third-Party Sites

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The Company may use third-party services provided by the third party vendors to assist in providing the Services (“Services Providers”). All or some of your information may be stored on servers provided by Services Providers. Certain features and functionality of the Services may be implemented through the third-party services or use of a third-party API and other licensed third party software or technology. The Company may use other Services Providers for the following types of services: networking, storage, financial transactions, customer relationship management, website maintenance, database management, web analytics, cloud computing infrastructure, transactional communications, marketing communications, customer services etc.

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The Platform may contain links to third-party sites or software that are not owned or controlled by the Company. The Company cannot censor or edit or control the content of any third-party sites. The Company shall not be liable for any losses incurred by you on account of use of any third-party sites, software or technology.

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The inclusion of any link on our Platform does not imply approval of or endorsement by SOHAM of the website or the content thereof. SOHAM is not responsible for any communications that you may receive from such third-party websites. Your use of such third-party website shall be subject to the privacy policy, terms and conditions and any other restrictions as may be specified there in. SOHAM does not endorse these third-party websites and disclaims any and all liability resultant from your use thereof or related thereto.

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Force Majeure

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SOHAM shall not be liable if any transaction does not materialize or may not be completed or for any failure on its part to perform any of its obligations under the Agreement or those applicable specifically to any Services, if the same is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure event continues. "Force Majeure" means any event due to any cause beyond the reasonable control of the SOHAM, including without limitations, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious code, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power outage, etc.

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Disclaimer of Warranties

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TO THE FULLEST EXTENT PERMISSIBLE AND PURSUANT TO APPLICABLE LAW, THE SERVICES AND MATERIALS ON THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND SOHAM LIMITED. AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

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SOHAM does not warrant that your usage and the availability of the Platform and any of the Content and materials thereon will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the server that makes it available is free of viruses or other harmful components. SOHAM does not warrant or make any representations regarding the use or the results of the use of the materials on the Platform in terms of their correctness, accuracy, reliability, or otherwise. The information and descriptions contained herein are not intended to be a complete description of all terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes.

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THE INFORMATION AVAILABLE OR OTHERWISE CONTAINED ON THE PLATFORM IS NEITHER INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND REFERENCE MATERIAL AVAILABLE OR MADE AVAILABLE ON THE PLATFORM DOES NOT CONSTITUTE A RECOMMENDATION, ADVICE OR MEDICAL AND/OR LEGAL OPINION BY SOHAM, WHETHER WITH REGARDS TO ANY MEDICAL PRACTICE, PARTICULAR MEDICINE, OR TO BUY ANY SERVICES OR OTHERWISE.

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ANY REFERENCE MATERIAL OR INFORMATION PROVIDED ON THE PLATFORM OR AS MAY BE PROVIDED FROM TIME, WHETHER BY WAY OF A CHAT OR DISCUSSION WITH ONE OF SOHAM’S PERSONNEL OR EVEN WITH ANY CERTIFIED MEDICAL PROFESSIONAL, SHALL NOT IN ANY WAY BE CONSTRUED AS A RECOMMENDATION, ADVICE OR MEDICAL AND/OR LEGAL OPINION BY SOHAM. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DECISIONS, WHICH YOU ARRIVE AT AFTER YOUR OWN EVALUATION OF THE SERVICES OF SOHAM AND YOUR NEED FOR THE SAME POST CONSULTATION WITH ANY OF YOUR ADVISORS.

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While reasonable care would be taken to ensure completeness, accuracy, etc. of the information/services provided, neither SOHAM nor any of their personnel shall in any circumstance be liable for any loss or damage caused by your reliance on information obtained through the Platform. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Platform.

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Company’s Proprietary Rights

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The Company is the sole and absolute owner of any and all rights, including the intellectual property rights and other rights in and to Platform and Services and the Intellectual Property associated therewith. The Parties agree that nothing in this Agreement is intended to, nor shall be construed to vest in, transfer or to otherwise convey to you any right, title or interest in the Platform or any intellectual property associated therewith; and you shall have no right to acquire any right, title or interest in the same by lapse of time or otherwise. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Company’s intellectual property, the Platform or the Services in whole or in part, by any means. All other third party trademarks, service marks, product names, and logos appearing on the Platform or in the Services are the property of their respective owners. You acknowledge and agree that the Platform and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

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The Parties agree that performance of Services pursuant to this Agreement may result in discovery, creation or development of copyright, designs, processes, methods, techniques, improvements, strategies, or other original works of authorship and other intellectual property rights and the user agrees and acknowledges that all rights, title and interest in and to all such intellectual property, upon the creation of the same, shall always fully and absolutely vest in the Company. The Company shall have the right to use your data and other information to evaluate, update, improve and upgrade the Platform and the Services and for analytics and research purposes in accordance with applicable law.

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Your Proprietary Rights

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By entering, storing, or sending your data through the Services, you grant the Company a non-exclusive, worldwide, transferable license, on a royalty-free basis, with a right to sublicense this right to third parties assisting the Company in providing the Services, to use, copy, distribute and process the such data through the Platform on your behalf solely for the purpose of storing, transferring, processing and delivering such data. You acknowledge and agree that the Company will not be responsible for any failure of the Platform to store any information, for the deletion of files or information stored on the Platform, or for the corruption of or loss of any data, information or material saved or sent through the Platform.

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The Company undertakes to implement commercially reasonable and appropriate physical, electronic and managerial data security measures and procedures for the protection of your data and information against loss, misuse and alteration. The Company shall not allow any access to its system or user data to a third party, except on a strictly need to know basis and in accordance with the Privacy Policy, and shall take all reasonable care to maintain the confidentiality of the information as provided under this Agreement.

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Termination

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You may cancel disable or delete your access and/or use of Platform/ Services and user Account at any time by going to their account settings or by contacting the Company at liveyour150@gmail.com.

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In the event that you delete or disable your Account, the Company shall not be liable to refund any fees paid by you. Once you delete your Account, the Company may delete all of the User data in accordance with applicable laws, and remove all access to the cancelled account.

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The Company reserves the right to discontinue the Platform or the Services or to change the Services at any time and will provide notice of such discontinuation or change to you through posting changes to this Agreement and/or by notifying you through email using the Account Information that the User has provided to the Company. In the event the Company discontinues the Services, the Company will refund any fees paid by you.

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If you breach the Agreement, the Company shall have the right to terminate your access to and use of the Services immediately, without notice, and to deactivate your Account. In the event of such termination or deactivation, the Company will not be required to refund any fees or other charges paid by you.

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You acknowledge that, although the Company has no obligation to monitor the your use of the Services, the Company has the right to do so for the purpose of operating the Services, to ensure your compliance with the Agreement, or to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. The Company reserves the right at all times to disclose, in its sole discretion, any user files when necessary (a) in accordance with applicable any law, regulation, or governmental request or (b) reduce or prevent what the Company considers to be, in the Company’s sole discretion, a serious or imminent threat to the user’s health or safety, or the health or safety of another person.

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Governing Law and Dispute Resolution

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The formation, construction, performance and enforcement of the Agreement shall be in accordance with the laws of India, without regard to conflict of law principles.

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All disputes in relation to this Agreement will be resolved by arbitration at Gurugram, Haryana, India, under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the Parties mutually. The arbitration award shall be final and binding on the Parties, and enforceable in accordance with its terms. The arbitrator shall state the specific reasons for its findings in writing. The Parties agree to be bound thereby and to act accordingly.

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Subject to the arbitration provision, the courts of competent jurisdiction at Gurugram, Haryana, India shall have exclusive jurisdiction over all matters arising pursuant to the Agreement.

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Severability

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If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, then such unenforceable provision shall be deemed to be replaces with a suitable legal alternative provision that achieves the purpose of the original provision as closely as possible.

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Relationship of the Parties

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You and the Company agree that that nothing in the Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties.

 

Grievance Officer

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If you have any complaints with respect to the Platform or Services, you may contact our Grievance Officer, the details of which are as follows:

 

Email: liveyour150@gmail.com

 

In case you have any questions or wish to opt-out of certain Services, you may email to liveyour150@gmail.com.