Terms of Service

Effective Date: December 2024 | Last Updated: December 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Laxhar Tech Private Limited ("Company," "we," "us," or "our"), governing your access to and use of the Swasth health and wellness platform, including our website, mobile applications, and related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Platform.

2. Eligibility

2.1 Age Requirements

You must be at least 18 years of age to create an account and use the Platform independently. Users between 13-17 years of age may use the Platform only with verifiable parental or guardian consent.

2.2 Account Responsibility

You are responsible for:

• Providing accurate, current, and complete information during registration
• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

2.3 Professional Users

Healthcare professionals using the Platform must maintain valid credentials, licenses, and certifications as required by applicable laws in their jurisdiction. Professional accounts are subject to additional terms outlined in our Professional Terms of Service.

3. Platform Services

3.1 Health Tracking

The Platform provides tools for tracking personal health metrics including but not limited to:

• Vital signs (blood pressure, heart rate, temperature, oxygen saturation)
• Weight and body composition
• Nutrition and meal planning
• Sleep and mood tracking
• Fitness and workout logging
• Menstrual and reproductive health tracking
• Baby care and child development tracking

3.2 Professional Services

The Platform facilitates connections between users and healthcare professionals including nutritionists, fitness trainers, doctors, and therapists. The Platform serves only as a connection facilitator and is not responsible for the quality, accuracy, or outcomes of professional services.

3.3 AI Features

Certain features use artificial intelligence for analysis and recommendations. AI features are informational only and should not be relied upon for medical decisions. See our Medical Disclaimer for important limitations.

4. User Conduct

4.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable laws, regulations, or third-party rights
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Interfere with or disrupt the Platform's operation
• Attempt to gain unauthorized access to any part of the Platform
• Use the Platform to harass, abuse, or harm others
• Transmit viruses, malware, or other harmful code
• Scrape, crawl, or collect data without authorization

4.2 Content Standards

User-generated content (recipes, posts, reviews) must comply with our Acceptable Use Policy. We reserve the right to remove content that violates these standards.

5. Health Information Disclaimer

All health information, recommendations, and AI-generated insights provided through the Platform are for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals for medical decisions.

In case of a medical emergency, call your local emergency services immediately. Do not rely on the Platform for emergency medical situations.

6. Professional-Client Relationships

6.1 Independent Relationships

Professional-client relationships facilitated through the Platform are independent of Laxhar Tech. We are not a party to any agreement between professionals and their clients.

6.2 Payment Services

Payment request features facilitate invoicing between professionals and clients. We do not process payments directly nor guarantee payment completion. Professionals and clients are responsible for resolving payment disputes directly.

7. Intellectual Property

7.1 Platform Content

The Platform, including its design, features, content, and underlying technology, is owned by Laxhar Tech and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 User Content

You retain ownership of content you create (recipes, posts, notes). By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content within the Platform.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services

The Platform may integrate with third-party services including AI providers (OpenAI, Anthropic, Google), health data services (Google Fit), and others. Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. Termination

10.1 Termination by You

You may terminate your account at any time by using the account deletion feature or contacting us. Upon termination, your data will be handled according to our Privacy Policy.

10.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion with or without notice.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or secure
• Results obtained will be accurate or reliable
• Any errors will be corrected
• The Platform will meet your requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAXHAR TECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR HEALTH OUTCOMES, ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR INR 10,000, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify and hold harmless Laxhar Tech, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Bangalore, Karnataka, India, in the English language.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be notified through the Platform or email at least 30 days before taking effect. Your continued use after changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between you and Laxhar Tech.

16.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

16.3 Waiver

Our failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.

17. Contact Information

For questions about these Terms, please contact us:

• Email: [email protected]
• Address: Laxhar Tech Private Limited, Bangalore, Karnataka, India