Terms & Conditions

TERMS OF USE

This user agreement (“Agreement”) is an agreement between you and Bansal Tech Professionals Pvt. Ltd (“Company” or “we” or “us” or “our”) governing your use of the Company's products, software and/or services(referred to collectively as “Services”)offered on www.toneop.com(“Website”) and the Toneop mobile application (“App”) and your use of the marketplace made available on the Website and the App (“Marketplace”) (referred to individually or collectively as the “Platform”).

You acknowledge and agree that the Company is entitled to provide the Services to you under this Agreement through its affiliated legal entities.

By accessing the Platform or registering thereon or using the Services as a member or visitor, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Platform and applies to all visitors, users and others who access the Services (“Users”). If you do not agree with the terms contained in this Agreement, you are not permitted to access this Platform. The Company will not be liable for any consequences arising from your unauthorized access.

The Company has created this Platform to provide Users, the Services which include, (a) home workout plans; (b) gym workout plans; (c) yoga plans; (d) diet plans; (e) diet plans for Users with multiple medical conditions (one consultation mandatory); (f) diet plans for Users with allergies or intolerances (one consultation mandatory); (g) general fitness and wellness tips; (h) general fitness and wellness food recipes; and (i) clarifications on myths about fitness and health. While our fitness and diet plans consider several factors specific to each individual, our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

The Marketplace is an e-commerce marketplace made available on the Website and App, wherein Users are provided access to a variety of health and nutrition based products (“Products”). These Products are listed for sale by multiple vendors on the Marketplace which the Users may purchase. The use of the Marketplace and the purchase of the Products shall be governed by the terms hereof.

1. ACCESS

1.1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services (or any features within the Services) that we provide on our Platform by notifying the same on our Platform from time to time without prior notice. We will not be liable, if for any reason our Platform or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Platform, or our entire Platform, to Users who have registered with us.

1.2. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.

1.3. The Company grants you permission to use the Services as set forth in this Agreement, provided you represent that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever; (ii) you will not alter or modify any part of the Services; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

1.4. In order to access the Services, you will need to register on the Website/ App and create an account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

1.5. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information; (c) you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and shall abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable laws. We shall not be liable for any injury, damage or other consequence, health related or otherwise, arising out of any inaccuracy in the information provided by you on the Website/App.

1.6. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.

1.7. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify the Company of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to [email protected]..

1.8. You are responsible for making all arrangements necessary for you to have access to our Platform and thereby the Services. You are also responsible for ensuring that any persons who access our Platform and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to the Company for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

1.9. The Company reserves the right to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by the Company from using the Platform or Services for any reason whatsoever.

2. REGISTRATION

2.1. Registration on the Website/App allows you to:(i) access and post content on the Platform; (ii) access and purchase Products on the Marketplace, subject to the terms and conditions set out herein; and (iii) make use of the Services on the Website/ App subject to these terms and conditions. This, however, does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.

2.2. Your registration on the Platform allows us contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App;

2.3. By providing the Company your email address/ phone number, you consent to:

2.3.1. Our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.

2.3.2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.

2.3.3. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Marketplace; and

2.3.4. Our using your email address or phone number to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at [email protected]. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

2.3.5. Grant such permission to contact you through telephone, SMS, WhatsApp, e-mail and hold the Company (including but not limited to its affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do Not Call (DNC) database

3. BILLING AND PAYMENTS

3.1. Certain parts of the Services may be provided for a fee or other charge. If you elect to use these paid features, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. The Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

3.3. Should you choose to upgrade any of the Services provided, through in-app purchases, payment will be charged to your credit/debit card and net banking through your iTunes account or Google Play billing account at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 (twenty four) hours prior to the end of the subscription period. Please note all in-app purchases in excess of Rs. 2,000 (Rupees two thousand) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.

3.4. You must notify the Company about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to the Company’s attention within 30 (thirty) days, you agree to waive your right to dispute such problems or discrepancies.

4. LICENCE

4.1. Subject to these terms and conditions of use, the Company grants you a non-transferable, non-exclusive, non-sub licensable limited right and license for you to access and use the Services solely for the purpose permitted.

5. TERMS OF USE OF THE MARKETPLACE

5.1. You may access and use the Marketplace to purchase Products listed thereon by third party vendors from time to time.

5.2. The Company's responsibility in terms of the Marketplace shall extend solelyto:

5.2.1. The provision of the platform for the Marketplace on the Website/App;

5.2.2. Collection of payments from Users using the third party payment gateway on the Marketplace. In the event of any disputed payments made, the Company shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of the Company's obligations in this regard;

5.2.3. Delivery of the Products to the Users who have placed orders therefor on the Marketplace.

5.3. The Products listed on the Marketplace are listed by third party vendors. The Products are not provided or endorsed by the Company, in any manner whatsoever. Thus,the Company makes no warranty for, and shall not be responsible in any manner whatsoever for the quality, quantity or authenticity of the Products.

6. RESTRICTIONS ON USE OF SERVICES

6.1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle the Company to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

6.1.1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;

6.1.2. Attempt to decompile, reverse engineer or otherwise disassemble any Services or content provided to you as part of the Services or the Platform;

6.1.3. Attempt to copy any software provided to you as part of the Services or the Platform and in particular its source code, or attempt to decrypt any part of such software that is provided to you;

6.1.4. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;

6.1.5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;

6.1.6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;

6.1.7. Use any of Company's domain name as a pseudonymous return email address;

6.1.8. Access or use the Platform in any manner that could damage, disable, overburden, or impair any of the Platform's servers or the networks connected to any of the servers on which the Platform is hosted;

6.1.9. Access or attempt to access any content that you are not authorized to access by any means;

6.1.10. Access the Platform through any other means other than through the interface that is provided by us;

6.1.11. Alter or modify any part of the Services; and

6.1.12. Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated linked sites.

7. RIGHTS RESERVED

7.1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

7.2. We are not responsible, or liable to any third party, for the content or accuracy thereof posted by you or any other User of the Services.

7.3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with this Agreement, which includes the Privacy Policy.

7.4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

7.5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Platform and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

7.6. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Services. For some of the Services, the Company may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.

7.7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of the Company, its Users and the public. The Company shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

7.8. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) day's notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.

7.9. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

8. TERMS EXCLUSIVE TO THE APP

8.1. You are granted a limited, non-sub-licensable right to access the Mobile App, Desktop App, the Services and Data for the purpose of enabling you or other users to access the Platform and/or the Services via third party software or website. Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:

8.1.1. You agree that you are solely responsible for (and that we have no responsibility or liability to you or to any third party for) any services and/or products you provide through any third party software;

8.1.2. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from your use of the Mobile App and Desktop App;

8.1.3. You will not use the Mobile App or the Desktop App to create software that sends unsolicited communications (whether commercial or otherwise) to any third party;

8.1.4. We reserve the right at any time to modify or discontinue, temporarily or permanently the Desktop App and Mobile App by providing a notice of 48 (forty eight) hours with or without notice;

8.1.5. Abuse or excessively frequent requests to the Services via the Desktop App and Mobile App may result in the temporary or permanent suspension of your account's access. We, in our sole discretion, will determine abuse or excessive usage;

8.1.6. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the Mobile App and the Desktop App by providing a notice of 48 (forty eight) hours;

8.1.7. We may make available software to access the Services via the App using a mobile device. The Company does not warrant that the App will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that the Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be incorporated in the App is covered by the applicable open source or third party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement.

9. UPLOADS BY THE USER

9.1. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Platform, or to make contact with other users of our Website/ App or vendors on the Marketplace, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

9.2. Your contribution must not:

9.2.1. belong to another person and contain any information that you do not have any right to;

9.2.2. Be defamatory of any person;

9.2.3. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libellous, lewd, blasphemous, lascivious, invasive of another's privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

9.2.4. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011or other applicable laws containing offences relating to content that is publicly accessible;

9.2.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

9.2.6. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;

9.2.7. Be harmful to minors;

9.2.8. Infringe any intellectual property including copyright, database right or trade mark of any other person;

9.2.9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

9.2.10. Be likely to harass, upset, embarrass, alarm or annoy any other person;

9.2.11. Impersonate any person, or misrepresent your identity or affiliation with any person;

9.2.12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

9.2.13. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

9.2.14. Be such that it is known by you to be false, inaccurate or misleading;

9.2.15. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

9.2.16. Be content for which you were compensated or granted any consideration by any third party;

9.2.17. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.

9.2.18. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

9.3. We hereby reserve, in our sole discretion, the right to take down any content posted by you.

10. CONTENT STANDARDS

10.1. When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

10.1.1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website/App;

10.1.2. Immediate, temporary or permanent removal of any contribution already posted on the Platform using the Services, upon your failure to cure the breach that is brought to your notice;

10.1.3. Issue of a warning to you;

10.1.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.1.5. Further legal action against you; and

10.1.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

10.2. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

10.3. Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by the Company to the Platform or the Services will automatically terminate.

11. CONTENT

11.1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (“Post”) on the Platform, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.

11.2. By Posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have a right to grant, to the Company, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Platform and under this Agreement.

11.3. You understand that the Company, in performing the required technical steps to provide the Services to our Users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Company to take these actions.

11.4. You are solely responsible for your contributions to any online forum(“Community Forums”)the Company may offer through or as part of the Services. By submitting to Community Forums you: (a) represent to the Company, in each instance, that you either own or have the right to display or transmit each and every part of the upload, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to the Company a perpetual, irrevocable, royalty free license to use your uploads, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.

11.5. You confirm and warrant to the Company that you have all the rights, power and authority necessary to grant the above license.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. All right, title and interest in usage of the terms toneop.com, Toneop, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

12.2. All right, title, and interest in and to the Services are and will remain the exclusive property of the Company and its licensors. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, is prohibited.

12.3. No part of the Platform and no content or marks, data, statistics, independent research conducted and posted by the Company may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including “mirroring” to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.

12.4. By accepting the use of terms hereunder you agree that the Company does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by the Company.We retain the full and complete right, title and interest to the Website/App and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.

12.5. Any usage of the Platform's contents shall be considered a breach of this Agreement, and you shall be required to indemnify the Company for all liability incurred in this regard.

13. RELATIONSHIP BETWEEN THE PLATFORM AND COMPANY

13.1. The Website www.toneop.com and the 'Toneop' App are registered to and owned by the Company, and usage of this Website/App and affiliated links is subject to the Terms of Use and Privacy Policy.

14. INDEMNITY AND LIMITATION OF LIABILITY

14.1. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services and the Platform; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Services and Platform.

14.2. The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Affiliates and third parties connected to us hereby expressly exclude:

14.2.1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;

14.2.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Platform or in connection with the use, inability to use, or results of the use of the Services or our Platform, any websites linked to it and any materials posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.

14.3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/ App to use the Services and/or the purchase price paid by you for Products in the Marketplace.

15. STANDARD SECURITY MEASURES

15.1. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

16. OFFENCES

16.1. You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our site. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

16.2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

16.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material

posted on it, or on any Website/App/Marketplace linked to it.

17. LINKING TO THE PLATFORM

17.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

17.2. Our Platform must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website/App/Marketplace from which you are linking must comply in all respects with the content standards set out in these terms and conditions.

17.3. These linked sites are under no way in control of the Company and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/ App provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.

17.4. If you wish to make any use of material on our Website/ App other than that set out above, please address your request to [email protected]

18. GOVERNING LAW

18.1. The jurisdictional court of Bhopal shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Platform or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.

18.2. The Company accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that the Platform can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.

19. AMENDMENTS

19.1. We may revise these Terms of Use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Platform. All changes are effective as soon as we post them and by continuing to use the Platform and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of the Platform is subject to the most current version of the terms of use posted on the Platform at the time of such use.The website www.toneop.com and the associated mobile application, Toneop, is registered and owned by the Company, and usage of this Website/App and affiliated links is subject to the Terms of Use and Privacy Policy.

END USER LICENCE AGREEMENT

THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BANSAL TECH PROFESSIONALS PVT. LTD (“COMPANY”). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE TONEOP APPLICATION (“APP”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.

1. LICENCE

1.1. Subject to the terms and conditions of this EULA, the Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the App on one portable wireless device. You may not make the App available over a network where it could be used on multiple devices at the same time.

1.2. The term “App” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the App (“Revisions”) that may be delivered to you or that you may receive or that may be released by the Company, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the App as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the App and any portion thereof.

1.3. You acknowledge that by installing the App on your cellular mobile phone, the App may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the App collecting and storing such information on Company's servers and to receive calls from us, from time to time regarding updates of your progress from using the App and promotional information or offers in connection with the Services provided under the App.

2. RESTRICTIONS ON USE

2.1. The following restrictions shall apply to your use of the App and the license granted herein:

2.1.1. You hereby acknowledge and agree to use the App as permitted in this Agreement;

2.1.2. You shall not copy or reproduce any portion of the App;

2.1.3. You shall only use the App for your own personal, non-commercial use;

2.1.4. You shall not distribute, share, transfer, sell, lease or rent the App or any part of it to any other person;

2.1.5. You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the App or any part of it;

2.1.6. You shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the App;

2.1.7. You shall not use the App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;

2.1.8. You shall not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful.

2.1.9. You shall not use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App;

2.1.10. You will not collect or store personal information about other users.

2.1.11. You shall not decompile, reverse engineer or disassemble the App or any part of it either in whole or any portion of any component, thereof and in anyway create, develop or derive, including without limitation to any operational, technical, programming technique/sequence, feature, interface, algorithm, video, audio, imagining, graphics, applets, texts, animations, routine or conditions from the App; and

2.1.12. Violate any applicable laws, rules or regulations in connection with your access or use of the App;

2.1.13. You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. The App may feature trademarks, logos, service marks, product names and designations, by making these trademarks available through the App and in content, the Company is not selling you the App to use it in any manner, and you are not granted any rights under any of Company's intellectual property rights.

3.2. This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.

3.3. Any unauthorized copying, displaying, selling or distributing or other use of any content or App is a violation of the law.

4. REFUND POLICY

This Refund Policy ('Policy') sets forth the terms and conditions governing the eligibility and process for obtaining a refund of your subscription with the ToneOp-Health & Fitness App. By accessing or using the services provided by ToneOp, you acknowledge and agree to abide by the provisions set forth in this Policy.

1. Eligibility for Refund

1.1. Service Failures: You are eligible for a refund of your subscription in the event of service failures or valid concerns with ToneOp, which have been promptly reported to our team.

1.2 Timeframe for Refund:

1.2.1 If you have purchased a 1-month subscription plan with ToneOp, you will be eligible for a refund within the first 7(seven) days of the subscription.

1.2.2 If you have subscribed for a duration exceeding 1 month, you will be eligible for a refund within the first 30 (thirty) days of the subscription.

2. Deduction and Processing Fee

2.1 Deduction: Please note that the refund amount will be adjusted only after deducting a processing fee of Rs. 750/- (Rupees seven hundred and fifty) for transactions within India or $20 (United States Dollars twenty) for transactions outside India. This deduction includes applicable taxes and bank charges, if any.

3. Cancellation and Refund Procedure

3.1 To request a refund, you must promptly notify our team of your cancellation and provide all relevant information regarding the service failure or valid concern.

3.2 The Company reserves the right to verify the validity of the refund request and may request additional information or documentation to support the claim.

3.3 Upon approval of the refund, the Company will process the refund within the specified timeframe outlined in section 2.2.

4. Modifications

4.1 The Company reserves the right to modify or update this Policy at its discretion. Any changes will be effective immediately after posting the revised Policy on our website.

4.2 It is your responsibility to review this Policy periodically to ensure your continued compliance and understanding of its provisions.

5. Governing Law and Jurisdiction

5.1 This Policy shall be governed by and construed according to the laws of the jurisdiction where the Company is registered.

5.2 Any disputes arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts competent in the aforementioned jurisdiction. By continuing to use our services, you agree that you have read, understood, and agreed to the terms and conditions outlined in this Policy.

5.3 Refund Processing: The refund shall be processed using the same manner and mode of payment originally used to subscribe to the plan. The Company will endeavour to process the refund within 30 (thirty) days from the date of cancellation.

6. DATA CHARGES

6.1. You acknowledge that applicable network/data charges may be incurred through your use of the App and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the App are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the App whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.

7. DISCLAIMER

7.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APP AT YOUR OWN RISK. THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY”) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APP AND CONTENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE APP WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APP WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APP OR OTHERWISE.

7.2. THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER'S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.

7.3. THE COMPANY PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.

7.4. THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.

7.5. THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE APP HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.

7.6. IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.

8. LIMITATION OF LIABILITY

8.1. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APP (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE APP.

9. DAMAGES

9.1. You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the App, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA

10. EVALUATION TERM & TERMINATION

10.1. Any license not purchased for the full license fee and any trial version, are provided for a limited duration and for the limited purpose expressly communicated to you in connection with the App. At the end of the evaluation/trial period, you will cease use of the App, remove the App from your cellular mobile device and destroy all copies of the App. Failure to remove the App shall be a breach of this EULA.

10.2. You agree that the App may automatically disable itself at the end of the evaluation/trial period and consent to such disabling feature. You also agree that Company may send you reminders to purchase a permanent license key, whether during or after the evaluation/trial version.

10.3. You agree that any evaluation/trial version is not full-featured and the use of certain features of the App may be disabled or limited in any manner deemed appropriate. You may activate all features of the App by purchasing a license key as communicated to you.

10.4. Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from the Company. In such event, you must cease use of the App and destroy all copies of the App and all of its component parts and associated documents. You agree that Company may remotely disable the App in the event of termination under this section.

11. ENTIRE AGREEMENT

11.1. This EULA constitutes the entire agreement between you and Company relating to the App and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the App or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.

11.2. The provisions of the terms of service set out above and privacy policy set out below shall be read together with this EULA and are deemed to be an integral part of this EULA. While this EULA governs your use of the App, the terms of service and privacy policy govern your access and use of the services offered on the Toneop website and the Toneop App.

12. SEVERABILITY

12.1. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).

13. GOVERNING LAW

13.1. The laws of the republic of India govern this EULA. All disputes are subject to the exclusive jurisdiction of the courts in Bhopal and you submit to such jurisdiction

14. GRIEVANCE OFFICER

14.1. In the event of any complaints or concerns with respect to the Website or our services, please contact at [email protected]