Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, REGISTERING TO OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Last updated on April 21, 2022
- Aprilcares Health is a provider of online content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that similar Products to ours can assist in the prevention and recovery process for a wide array of conditions (e.g. Anxiety and Depression) as well as in improving some performance and relationship issues, Aprilcares Health makes no claims, representations or guarantees that its Products provide a physical or therapeutic benefit.
- Aprilcares Health does not deal with medical or psychological emergencies. We are not designed to offer support in crisis situations - including when an individual is experiencing thoughts of self-harm or suicide, or feels that he/she may be a danger to him/herself or to others, or is showing symptoms of severe clinical disorders such as schizophrenia and other psychotic conditions. In these cases, in-person medical intervention is the most appropriate form of help.
- If you feel you are experiencing any of these difficulties, or if you are considering or contemplating suicide or feel that you are a danger to yourself or to others, we would urge you to please discontinue use of the Products immediately and seek help at the nearest hospital or emergency room where you can connect with a psychiatrist, social worker, counsellor or therapist in person (We would urge your to call the relevant emergency number in your country and notify the police or emergency medical Services). The same applies in-case of any medical or psychological health emergency. We recommend you to involve a close family member or a friend who can offer support.
- Any health information and links on the Products are provided simply for your convenience.
- To the extent that you participate in any movement related content featured in the Products, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Aprilcares has advised you of the necessity of doing so.
- Your interaction with the Aprilcares service is with a digitally-enabled system and not a human. The system is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage emotions, address your stressors and encourage mental well-being in a self-help context. It is not intended for providing diagnosis, treatment or cure of a condition or disease.
- The Aprilcares service is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
- People with existing mental health conditions should speak with their health care providers before starting using our Products
- For safety and security reasons, We strongly recommend that you keep your usage of Aprilcares service private.
- By using the Service, You understand and agree that Your submitted Data will be transferred, stored and processed in the servers hosted by our service providers in a region different from your country or state of residence where the data protection laws may differ from your region.
- Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
- These Terms of Service contain the terms and conditions on which we supply our content and Products listed on www.aprilcares.health (the “Website”), through our application (the “App”, app.aprilcares.health) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Aprilcares Health). Please read these terms and conditions, carefully before registering to or ordering any Products from the Website. The terms “Aprilcares,” “us” or “we” refers to Aprilcares Health Private Limited. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the user of the Products.
- Our contact email address is email@example.com. All correspondence to Aprilcares Health including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
Acknowledgment and Acceptance of terms
- This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Service in any way, you are agreeing to comply with these Terms of Service, our Privacy notice and any other legal notices or conditions or guidelines posted on the Sites.
- If you have questions regarding this Agreement or about Aprilcares Health, please contact us by email at firstname.lastname@example.org
- We may, in our sole discretion, refuse to offer the Products to any person or entity and change the eligibility criteria for using the Products at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.
Governing law, waivers and arbitration
- The Terms of Service will be governed by and construed in accordance with the internal laws of the State of Karnataka, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Bangalore, Karnataka, and waive any objection to such jurisdiction or venue.
- You will not commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka. By using this Website or registering to or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- The Products are controlled and operated from Aprilcares Health’s facilities in Bangalore. Although the Service may be accessible worldwide, we make no representation that the Service or the materials on the Service are appropriate or available for use in locations outside India, and accessing the Service from territories where its use is illegal and / or prohibited. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Products are solely directed to individuals, companies, or other entities located in India.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
- PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND APRILCARES HEALTH AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION.
Prohibited use of the Products
- You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
- You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
- By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
- You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Aprilcares Health.
Limitation of liability and disclaimer of warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APRILCARES HEALTH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; (IV) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU, BY YOUR END USERS, OR BY APRILCARES HEALTH ON YOUR BEHALF; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL APRILCARES HEALTH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE RUPEES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APRILCARES HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Intellectual property rights
- All materials on the website and web-app and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content” and “Products”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
- Aprilcares Health does not grant the user any license, express or implied, to the intellectual property of Aprilcares Health. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
- You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright laws in different countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Aprilcares will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Registration and accounts
- To use the Product, you will need to register and create an account (including your name, password, and email address) on app.aprilcares.health/signup Aprilcares Health accounts will give you access to the Product and its functionality that we may establish and maintain from time to time and in our sole discretion. As a Aprilcares Health registered user you will receive access to certain sections, features and functions of the Products that are not available to non-registered users.
- You may cancel your registration at any time. Cancellation is effective once received a confirmation email by Aprilcares. Please make any such cancellation by emailing help@Aprilcares.com
- You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to:
- control the dissemination and use of your account and password
- promptly inform us of any need to deactivate an account or password.
- We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
- By registering for an Aprilcares account, the Products, you warrant that:
- You are legally capable of entering into binding contracts
- All registration information you submit is truthful and accurate
- You will maintain the accuracy of such information
- Your use of the Products does not violate any applicable law or regulation.
- You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
- The software may automatically update from time to time. These updates are designed to improve, enhance, and further develop the software and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.
- Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
- Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities, features or Products. We will restore the Products as soon as we reasonably can.
Use of Aprilcares Health by a Minor
- You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.
Other important notices
- Subject to the terms and conditions of this Agreement, Aprilcares Health provides you with an exclusive, revocable license to use the Products as expressly permitted by the features and functionality of the Products and the Terms of Service. Aprilcares Health may terminate this license at any time for any reason or no reason.
- Aprilcares Health accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
Termination of account
- We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
- Aprilcares health reserves the right to terminate your access to the Products if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Products. Aprilcares Health may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Products is terminated, Aprilcares Health reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Products. This Agreement will survive indefinitely unless and until Aprilcares Health chooses, in its sole discretion and without advance to you, to terminate it.
- Aprilcares is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Product, add features, stop providing the Products or features of the Products to you or to users generally, or create usage limits for the Products. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Products without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Products, you continue to be bound by this Agreement.
- You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your use of the Products (b) your violation of any law or regulation or the rights or good name of any third party; (c) violation of these Terms of Service, or violation of any rights of another.
- You will release, indemnify, defend and hold harmless Aprilcares Health, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Aprilcares Health. When Aprilcares Health is threatened with suit or sued by a third party, Aprilcares Health may seek written assurances from you concerning your promise to indemnify Aprilcares Health; your failure to provide such assurances may be considered by Aprilcares Health to be a material breach of this Agreement. Aprilcares Health will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with counsel of Aprilcares Health choice at its expense. Aprilcares Health will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Aprilcares Health against any claim, but you must receive Aprilcares Health prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Notification of changes
- Certain parts of the Products may be subject to additional terms and conditions specified by us from time to time; your use of such Products is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- Aprilcares Health reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.aprilcares.health
- Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
- Aprilcares Health will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation. Aprilcares Health may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
- This Agreement comprises the entire agreement between you and Aprilcares Health and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of
- The failure of Aprilcares Health to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.