Disclaimer: All information/responses contained and provided on this platform, our website (https://www.meetaugust.ai) and any other chatbot developed by us, are for informational purposes only and subject to the terms and conditions available at https://www.meetaugust.ai/terms and privacy policy available at https://www.meetaugust.ai/privacy. August.ai is neither a substitute, nor suitable for professional medical advice, diagnosis or treatment and is not intended to function as a therapeutic or diagnostic tool. We do not provide any representation, guarantee or warranty of any kind or form with respect to the effectiveness or accuracy of the results that may be obtained or expected to be obtained from the information/responses provided by August.ai through our platform, website or any other chatbot developed by us.

Terms of Use

Last Updated On: 01/10/2025

This document is an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules made there under, and the amended provisions pertaining to electronic records in various other statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Introduction

These Terms of Use (“Terms”) govern the use of online interfaces and properties owned and operated by Goodness Factory Living Essentials Private Limited, a private limited company registered under the Indian Companies Act, 2013, and having its registered office at B-70 Mandir Marg Mahanagar, Lucknow - 226006, Uttar Pradesh, India (“Company”, “Beyond”, “August”, “we,” “us,” “our”), including the website www.getbeyondhealth.com and all of its subdomains and aliases (the “Site”), the Beyond mobile application (the “App”), the artificial intelligence-based health information and analytical platform and services currently named as August.ai (the “Platform”) and related services and products, information, materials, data, demos, blogs, and other materials made available on or through the Site, the App or the Platform (whether hosted on Whatsapp or any other similar platform or progressive web application) (collectively, the “Services”).

The terms “you” and “your” refer to you, your dependents, any person accessing any of the Services through you, and your heirs, assigns, and successors. By accepting these Terms, you confirm you have read, understood and accepted its contents.

Prior to using the Services, please also review our Privacy Policy. The Privacy Policy describes how we collect and handle any information gathered from users of the Services. By accessing or using any of the Services, including browsing the Site, the App or engaging with the Platform, you confirm your acceptance of these terms and expressly consent to the collection, use, storage, processing, and disclosure of your data and information in accordance with our Privacy Policy.. If you do not agree to these Terms, you must not use the Site, the App, the Platform or any of our Services. By using the Services on behalf of another individual, you represent and warrant that you have the authority to bind that individual, and that your acceptance of these Terms will be deemed as acceptance by that individual and their heirs, assigns, and successors.

2. General Statements

The Company believes that conversational artificial intelligence will fundamentally transform how we interact with technology. As you use our Services, we will gather data to improve and enhance this technology.

1. Use of Your Data: We will utilize the content of your conversations and associated metadata to train our models, improve our Services, and develop new offerings. Please refer to our Privacy Policy for details on how we use this data.

2. Acceptable Use Policy: Your use of our Services must comply with our Acceptable Use policy. Access to our Services is conditional upon adherence to these Terms and the Acceptable Use policy outlined below.

3. Accuracy of Information: You acknowledge that the information provided by our Services may not be accurate or reliable. You should not rely on this information without independent verification or consultation with a relevant professional. The accuracy of information remains a key focus for the development of Beyond AI services. Refer to the “No Warranties” section for more information.

3. Acceptable Use Policy

By using our Services, you agree to comply with the following rules and any additional written policies provided:

1. Legal Compliance: You must use our Services in accordance with applicable laws. Any use of our Services is prohibited if such use is restricted by applicable law.

2. Harmful or Unlawful Content: Do not use our Services to create, disseminate, or attempt to create or disseminate harmful or unlawful content, including material that may cause serious harm, promote unethical or discriminatory behaviour, or spread misinformation, or threaten the integrity or sovereignty of our nation. This includes attempts to fraudulently represent any content available on our Services as human-generated. 

3. Abusive Content: Do not use our Services to generate or disseminate or attempt to generate or disseminate hateful, discriminatory, sexually explicit, graphically violent, or otherwise shocking material.

4. Uploading Content: You will not upload, publish, display or use any defamatory, racist, obscene, profane, threatening, harassing, or otherwise offensive or illegal material or the material that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation.

5. No Impersonation: You will not impersonate any person or entity for or during the usage of any of our Services.

6. Infringing Rights: Do not use our Services to infringe on or violate the rights of others, including privacy rights. This includes attempts to obtain personal information such as phone numbers, addresses, or other sensitive data.

7. Security: Do not attempt to disable, disrupt, or subvert the security of our Services. This includes attempts to bypass or disable content moderation and safety measures.

8. Reverse Engineering: Do not use our Services to reverse engineer, decompile, or attempt to obtain the underlying models, algorithms, or source code. Do not engage in activities to create products competitive with us.

9. Scraping: Do not scrape or attempt to crawl or spider any page, data, or portion of our Services, either manually or through automated means.

10. You will not hack the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

11. You will not forge headers or otherwise manipulate any identifiers in order to disguise the origin of any information transmitted through the Services.

12. You are responsible for ensuring that the networks you use to access our Services are secure and will not hold Company responsible for any consequences of using the Service on an unsecure network.

13. Data Charges may be applied while using our Services. You shall borne the said charges yourself and the Company shall not be held liable for any charges in this regard.

14. You will not publicly publish or share with a third party (or media or social media) any reply or generated output or information related to any ChatBot/VoiceBot/VideoBot powered by the Company, unless permitted in writing by the Company.

In the event any Services are being used in violation of any of the above-mentioned purposes, the Company shall have the absolute right to disable your access to the Services, remove any harmful or unlawful content, suspend or terminate your usage right to the Services, as the case may be, without any prior notice or intimation in this regard, and you shall also be liable for any penalty or punishment as provided under applicable law.

4. Registering for Our Services

As part of the registration process for using any of our Services, you will need to provide us with your phone number and your full name. It is your responsibility to ensure that the information you provide is accurate, secure, and not misleading. By registering, you agree to:

1. Use a phone number you control and not impersonate another person.

2. Be responsible for the security of your account, including preventing unauthorized access.

Our Services are not intended for individuals under 18 (eighteen) years of age. If you are under 18 (eighteen) years of age, you shall not register or provide any personal information to us. If you suspect a minor is using our Services or there is any unauthorised use of your name or phone number for obtaining our Services, you should contact us immediately at [email protected], and we will take steps to revoke any such unauthorised access and delete the information.

5. Product Details

August AI

August AI provides health information via WhatsApp or other similar conversational platform. Interaction with August AI does not guarantee a response and should not be treated as medical advice. You must consult with a licensed healthcare service provider before relying or acting upon any information provided by August AI. This Service is available only to residents of the Republic of India and shall not be used or disseminated in any jurisdiction outside the sovereign territory of the Republic of India.

Beyond Lab Tests

Lab test results are accessible via the App. Consult a healthcare provider for medical diagnosis and treatment advice. The Company does not provide medical advice or endorse specific healthcare providers, tests, medications, products, or procedures. Providers accessed through our App are independent of the Company, and the Company disclaims any liability for any information provided by them or their advice or services. Your reliance on any provider or information shall be at your own risk.

Beyond provides informational content only and does not constitute professional medical advice, diagnosis, or treatment. Always seek advice from qualified healthcare professionals regarding medical conditions. Beyond facilitates selection and communication with healthcare providers but does not provide medical services. The doctor-patient relationship is solely between you and the chosen healthcare provider.

6. Fees and Payment

There is no fees and/or payment required to be made by you prior to, during, or after your usage of the Services. The usage of the Services is completely free of cost at this point of time, and any request for fees or payment by any person/entity purporting to be a representative of the Company should be ignored by you, unless the same is reflected in an updated version of these Terms.

7. Medical Emergencies

Our Services are not intended for medical emergencies or urgent situations. Do not disregard or delay seeking medical advice based on information from our Services. For emergencies, kindly contact emergency services promptly. Kindly consult a physician or qualified healthcare provider for questions regarding medical conditions and before altering, initiating or resorting to any treatment.

8. Risks of Telehealth Services

By using the telehealth feature of the App to connect with third-party healthcare providers, you acknowledge the following risks associated with telehealth services:

1. Information transmitted may be inadequate (such as poor image resolution) for accurate medical or healthcare decision-making.

2. Delays in evaluation or treatment may occur due to electronic equipment failures.

3. Incomplete access to your medical records could lead to adverse drug interactions, allergic reactions, or other errors in judgment.

4. Despite security protocols designed to protect health information, there is a risk of privacy breaches due to potential system failures.

9. No Endorsements

Beyond does not endorse or recommend any specific healthcare provider, medication, pharmacy, or pharmacological product. Any use or reliance on third parties discovered through Beyond is undertaken solely at your own risk.

10. ‍Not an Insurance Product

Beyond is not an insurance provider and does not offer insurance services or products. Should you require health insurance or any other form of insurance, please contact with relevant service providers regarding the same independently.

11. ‍Availability of Services

The Services may not be available in all jurisdictions. You represent and warrant that you are not prohibited from using Beyond’s Services under the laws of the country or other applicable jurisdictions in which you are located. Access to and use of the Services is restricted to users situated in states within the territorial jurisdiction of the Republic of India where the Services are legally available. The Services are not available to users located outside the Republic of India. Accessing the Services from jurisdictions where such content is illegal or where we do not offer the Services is expressly prohibited.

12. Testing a Minor

Beyond recognizes that in certain instances, the parent or legal guardian of a minor in question  (“Qualified Adult”) may want to use the Services to obtain test results on behalf of and for the benefit of his/her/their child (a “Minor”) who has not reached 18 (eighteen) years of age or above for a user to use the Services. In such a case, the Qualified Adult shall be permitted to create a separate sub-account for the Minor. In each such instance, the Qualified Adult represents and warrants that they have the legal right and authority to act on behalf of the Minor in question and to provide with the personal and medical information required by Beyond and its partners to perform the Services for the Minor. Once a Minor reaches the age of 18 (eighteen) years, they shall be permitted to have their test results transferred to their personal account by emailing Beyond at:
[email protected].

13. Electronic Communications

‍
When you use the Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that: (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Beyond may contact you by telephone, mail, or email to verify your account information. Beyond may request further information from you and you agree to provide such further information to ensure that you are not fraudulently attempting to access any of the Services. If you do not provide this information in the manner requested within 14 (fourteen) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information requested. If you use our Services to communicate with a third-party healthcare provider, you acknowledge and accept the risks associated with transmitting health information through electronic communications channels.

14. ‍Consent to Receive Calls

‍
By providing your phone number, you consent to be contacted by or on behalf of Beyond at that number, including receiving calls and/or text messages related to the Services (such as progress tracking, prescription fulfilment, appointment reminders). Please be aware that withdrawing your consent may limit your access to certain Site or App or Platform features and Services. With your consent, we may also send promotional content to the provided phone number. You affirm that you are the owner or authorized user of the device used to sign up for communications and that you are authorized to approve any associated charges. Consent cannot be given on behalf of another person. 

If we communicate with you via text messages, we and our service provider may collect and store data about the messages, including their content, your phone number, and timestamps. To opt out of promotional text messages, reply with “STOP.” This is the only acceptable method for opting out. Any other form of opting out, including texting other words or making verbal requests, will not be considered valid. A text confirmation of your opt-out request may be sent. Even if you opt out of promotional messages, we may still contact you regarding your transactions. By using the Services, you consent to receive telephone communications electronically. 

To retain a copy of these terms, please print or download them from your Internet-connected device. You may withdraw your consent electronically by emailing us at [email protected]. To request a paper copy or revoke your consent, kindly provide your contact information and delivery address to the same email address.

15. Third Party Services

The Company may provide you with links to, or contact information for, third party sites or services. The Company is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Services. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom you may connect with through a mechanism facilitated by Company. Any transaction, dealings or communication otherwise that you may have with such third parties are at your own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third party service providers/platforms. You may incur third party fees through the use of the third party sites or services. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of such third party sites or services, and you agree to pay all such fees and abide by all such terms of service and/or privacy policies, as applicable.

16. Third Party LLMs and/or APIs

If third-party APIs and/or Large Language Models (LLMs) are configured/used for providing the Services, your query, input, or prompt may be sent to their respective owners, servers, or countries.

17. ‍Additional Terms for Service Usage and Integration

Channel integrations

Any channel integrations are subject to the approval from the respective company. For WhatsApp Bot (if included): Beyond and/or it’s partner would facilitate the approval process with Facebook/WhatsApp; however, it will be subject to the approval from Meta/WhatsApp. Facebook Business Manager account verification is also required (if not already verified). Notifications and template messages are subject to the approval from Meta/WhatsApp. 

Source Code Ownership 

Source code pertaining to all Services shall at all times be with the Company, unless otherwise updated in these Terms.

Use of Prompts for Product Improvement 

All prompts/questions/responses/conversations data received by the Site/App/Platform will be leveraged for training of AI/ML models/engines of Beyond. 

Ownership of the Site/App/Platform

Beyond shall have entire and exclusive right/title/interest over the Site/App/Platform and will own the rights (including Intellectual Property Rights, Technology, Source Code, Content/Data) of the Site/App/Platform. It is also pertinent to mention herein that the above-mentioned list is not exhaustive and Beyond shall have all the rights over any bot/platform made/executed in and you shall have no right/title/interest over the platform or the bots and shall not claim over it.  

18. Proprietary Rights; Additional Restrictions

The Site, App, Platform and Beyond products are the exclusive property of Beyond, its licensors, or suppliers, as applicable. These assets are protected under copyright and trademark laws of India and international jurisdictions. Subject to your compliance with these Terms and the payment of all applicable fees, Beyond grants you a revocable, non-transferable (except as otherwise provided), personal, non-exclusive license to use the object code version of the Site/App/Platform.

All rights not expressly granted herein are reserved by Beyond or its licensors, suppliers, publishers, rights holders, or other content providers. The Site, App, Platform and Beyond products, or any part thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for commercial purposes without the express written consent of Beyond. 

You may not frame or use framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Beyond without express written consent. Similarly, the use of meta tags or other "hidden text" incorporating Beyond’s name or trademarks is prohibited without explicit written authorization.

You must not misuse the Services and may use them only as permitted by law. Content available through the Site/App/Platform, including but not limited to files, documents, text, photographs, images, audio, and video, may not be copied, distributed, modified, reproduced, published, or used in whole or in part, except for purposes authorized or approved in writing by Beyond.

Furthermore, you are prohibited from framing, utilizing framing techniques, or employing deep linking to any name, trademarks, service marks, logos, content, or other proprietary information (including images, text, page layout, or form) of Beyond without our express written consent.

19. ‍Accuracy of Information; Functionality

While Beyond strives to maintain the accuracy and integrity of the Services, it makes no representations or warranties regarding the correctness or accuracy of the Site/App/Platform, or any other content therein. The Services may contain typographical errors, inaccuracies, or other mistakes. In the event of any inaccuracies, please notify Beyond for correction. Content on the Site/App/Platform may be updated or changed without prior notice. Beyond disclaims all responsibility and liability for information or content posted by third parties unaffiliated with Beyond. Beyond retains sole discretion over the operation of the Services and reserves the right to withdraw, suspend, or discontinue any or all features of the Site/App/Platform at any time. Beyond is not liable for transmission errors, data corruption, or information compromise via telecommunications carriers. We are not obligated to maintain any information or communications arising from the use of the Services. Beyond reserves the right to retain, delete, or destroy any communications or information posted or uploaded to the Services in accordance with its internal record retention and destruction policies.

20. Updates

Company may from time to time make available to all users, updates at no cost or subject to additional fees in Company’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Services. Notwithstanding anything else contained in these Terms, the Company will have no obligation to continue producing or releasing new versions of the Services or any updates thereto.

21. Advertisements

The Services may be supported by ad revenue and we may display advertisements and promotions on the Site or App or Platform. These advertisements may be targeted based on content, your content, queries or other information, but all of your personal information will be protected in accordance with our Privacy Policy. The manner, mode, and extent of advertising by or permitted by the Company are subject to change without specific notice to you. In consideration for Company granting you access to and use of the Services; you agree that Company may display such advertising throughout the Services you will not block such advertising from appearing.

22. ‍User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site/App/Platform (“User Information”), you agree not to provide any User Information that: (i) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (iii) contains or transmits a virus or any other harmful component. If you submit User Information about a Minor, you represent and warrant that: (i) you have the right to submit such information to Beyond, and (ii) you will indemnify Beyond against any claims arising from your violation of the rights of such Minor. You represent and warrant to Beyond that you have the legal right and authorization to provide all User Information to them for use as set forth herein and required by them. Beyond may: (i) de-identify your information such that it is no longer considered protected health information or personally identifiable information, and (ii) disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes. Please see the Beyond Privacy Policy for more information. You agree not to: (i) access or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (i) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site/App/Platform, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site / App / Platform; (v) use robots or scripts in connection with the Site/App/Platform; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Site/App/Platform; (vii) to have any antivirus or anti spyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Beyond. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect health information about any other individual who uses the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. You agree to defend, indemnify, and hold harmless Beyond from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Services.

23. ‍Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on the Site/App/Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please adhere to the procedures set forth below. Pursuant to Indian copyright laws and regulations, we will promptly respond to notices of alleged infringement
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringement occurring on or through our Site/App/Platform by sending us a notice ("Notice") that includes the following: 

1. Identification of the copyrighted work claimed to have been infringed. 

2. Identification of the infringing material or link to be disabled, including the URL of the link where the material is located. 

3. Your mailing address, telephone number, and, if available, email address. 

4. The following statements in the body of notice:

• “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”

• “I hereby state that the information in this Notice is accurate and that I am the owner or authorized agent to act on behalf of the owner of the copyright or an exclusive right under the copyright that is allegedly infringed.”

5. Your full legal name and your electronic or physical signature. 

Submit this notice, with all items completed, to:

Goodness Factory Living Essentials Private Limited, 

B-70, Sector V, Mahanagar, 

Lucknow, U.P. – 226006

Email: [email protected]

24. ‍Intellectual Property

With the exception of your electronic medical record, Beyond and its licensors, as applicable, retain all right, title, and interest in and to the Services and any information, products, documentation, software, or other materials on the Site / App / Platform, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Services licensed to Beyond (in that case, the license provider retains all right, title, and interest therein). The information available through the Site / App / Platform is the property of Beyond or its licensors, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Beyond trademarks, service marks, and logos are strictly prohibited without the prior written permission of Beyond, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site / App / Platform. Nothing contained on the Site / App / Platform should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site / App / Platform without the written grant thereof by Beyond or the third-party owner of such trademarks, service marks, and/or logos. The Services may contain other proprietary notices and copyright information, the terms of which you agree to follow. Beyond may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

25. ‍ Disclaimer of Warranties

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR RELIABLE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, COMPREHENSIVENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT.

AT NO INSTANCE SHALL THE COMPANY BE LIABLE FOR ANY ANSWER/ CONTENT/ REPLY/ INFORMATION PROVIDED WHEN YOU ASK A QUESTION OR FOR ANY REPERCUSSIONS OCCURRED AFTER FOLLOWING THAT ANSWER. THE COMPANY WOULD NOT BE HELD RESPONSIBLE IF ANSWER DOES NOT MATCH WITH THE QUESTION ASKED.

26. ‍ Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, SPONSORS, PARTNERS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF INR 8,000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

27. ‍No Third-Party Rights

Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Beyond, and Beyond’s affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Beyond, and Beyond’s affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Beyond, and Beyond’s affiliates.

28. ‍Assignment

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

29. Arbitration and Dispute Resolution

Governing Law

Use of Services or any issues arising out of such use of Services and any conflict with regard to these Terms and the Privacy Policy shall be governed and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. Any arbitration conducted pursuant to these Terms and/or the Privacy Policy and/or the use of Services shall be governed by the Arbitration and Conciliation Act, 2015. Subject to the Arbitration provision mentioned hereunder, all disputes arising under these Terms and/or the Privacy Policy and/or use of Services shall be subject to the exclusive jurisdiction of courts in Bangalore, Karnataka, India. 

Arbitration

For any dispute with Beyond, kindly first contact us and attempt to resolve the dispute amicably. In the unlikely event that any dispute subsists after such an attempt in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and/or the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Beyond. The arbitration proceedings shall take place in English and shall be governed by the Arbitration and Conciliation Act, 2015. Nothing in this provision shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the Courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. 

30. Force Majeure

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, hacking, computer malfunction, cyber-attacks, criminal interference, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

31. ‍Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms or Privacy Policy any applicable law, contract, policy, regulation or other obligation, or (iii) the content or subject matter of any information you provide to Beyond or through the Services, and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Services, or any information on the Site and/or App and/or Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith

32. ‍Application Support; Functionality

All questions and requests relating to support in connection with the Services should be directed to Beyond. To submit a support request, please email us at [email protected] . Beyond will use commercially reasonable efforts to respond to questions and provide support during Monday to Friday, 9:00 AM - 6:00PM (IST). Please note that we may change or remove functionality and other features of the Services at any time, without notice.

33. ‍Modified Devices and Operating Systems

Beyond will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformity with the manufacturer’s original specifications, including use of modified versions of the operating system.

34. ‍Apple iOS App

If you utilize a mobile application provided by our Services that you download, access, and/or use on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree to the following terms:

1. The iOS App may only be accessed and used on a device owned or controlled by you and operating on Apple’s iOS system.

2. These Terms are solely between you and Beyond and not with Apple.

3. Apple has no obligation to provide any support or maintenance services for the iOS App. Any maintenance or support inquiries should be directed to Beyond, not Apple.

4. Except as expressly stated in these Terms, any claims related to the possession or use of the iOS App are between you and Beyond, not between you and Apple.

5. In the event of any third-party claim that your possession or use of the iOS App (in accordance with these Terms of Use) infringes any intellectual property rights, Apple will not be responsible or liable to you regarding that claim.

6. Although these Terms are between you and Beyond (not Apple), Apple, as a third-party beneficiary under these Terms, has the right to enforce these terms against you.

Additionally, you represent and warrant that:

1. You are not, and will not be, located in any country subject to an Indian Government embargo or designated by the Indian Government as a “terrorist-supporting” country.

2. You are not listed on any Indian Government list of prohibited or restricted parties.

3. If the iOS App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the iOS App (if any). Beyond this, and to the maximum extent permitted by law, Apple does not provide any warranty, condition, or other terms regarding the iOS App and will not be liable for any claims, losses, costs, or expenses arising from the use of the iOS App or reliance on its content.

For further assistance, please contact Beyond at [email protected].

35. ‍Google App

‍If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Use are between you and Beyond only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Beyond, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms as it relates to Beyond’s Google-Sourced Software.

36. Consequences of violating these Terms

We reserve the right to modify, restrict access to or terminate the Services or any features of the Services for any reason, without notice, at any time.  We reserve the right to refuse to provide the Services to you in the future. We may review and remove any of your content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of users. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of these Terms and your use of the Services.

37. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

38. Grievance Redressal Mechanism

Any discrepancies or grievances with regard to content and or comment or breach of this Agreement shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to Chaithali Pisupati or Anuruddh Mishra (“Grievance Officer”).

Chaithali Pisupati

Grievance Officer 

506/507, 1st Main Road, KR Garden, Murugeshpallya, Bangalore - 560017

39. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Terms or otherwise need to contact us, you may contact us at:
Goodness Factory Living Essential Pvt Ltd
[B-70, Sector C, Mahanagar, Lucknow, UP - 226006
Email: [email protected].]