Terms Of Service
Avantari Technologies Private Limited designs products and tools that monitor your heart rate known as Flip. These Terms of Service (“Terms”) govern your use of our electronic body monitoring products; our websites, including www.avantari.org; the software embedded in Flip devices, the Flip softwares, the Flip mobile applications, subscriptions and other Flip services (collectively, the “Flip Service”).
You must accept these Terms to create a Flip account and to use the Flip Service. If you do not have an account, you accept these Terms by visiting www.avantari.org or using any part of the Flip Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT www.avantari.org OR USE THE FLIP SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.avantari.org. We will notify you by email, through the Flip Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Flip Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use Flip?
You may use the Flip Service if you are over 18 years of age and are not barred from receiving services under applicable law.
Creating an Account
Full use of the Flip Service requires that you create an account by providing us with a valid email address which will need to be verified. You are responsible for all activity that occurs in association with your account. Avantari Technologies Private Limited is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the Flip Service. These communications are part of the Flip Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the Flip Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Flip Service and it is your responsibility to ensure the equipment’s functionality.
What You Can Do With The Flip Service
The Flip Service is intended for your personal, non-commercial use.
Flip grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and use the software and mobile applications provided by the Flip Service, and (2) use the software that is embedded into Flip products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Flip Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Flip Content, Flip Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Avantari Technologies Private Limited or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Flip Service
Except to the extent permitted by law, you may not do any of the following while accessing or using the Flip Service: (1) use, display, mirror or frame the Flip Service or any individual element within the Flip Service, Flip’s name, any Avantari Technologies Private Limited trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Avantari Technologies Private Limited’s express written consent; (2) access or tamper with non-public areas of the Flip Service, Avantari Technologies Private Limited’s computer systems, or the technical delivery systems of Avantari Technologies Private Limited’s providers; (3) test the vulnerability of any Flip system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Avantari Technologies Private Limited or any of Avantari Technologies Private Limited ‘s providers or any other third party (including another user) to protect the Flip Service or Flip Content; (5) access the Flip Service or Flip Content through the use of any mechanism other than through the Flip Service or Flip API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Avantari Technologies Private Limited provides to you or any other part of the Flip Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the Flip Service, but we have the right to do so for the purpose of operating the Flip Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Flip Service, any Flip Content at any time and without notice, and at our sole discretion, if we determine that the Flip Content or your use of the Flip Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Flip Service.
Use The Flip Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Flip Service, but we make no endorsement, representation or warranty of any kind about any Flip Content, information, services or recommendations.. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Flip Service. If you rely on any Flip Content or the Flip Service, you do so solely at your own risk.
Consult Your Doctor Before Using The Flip Service
The Flip Service is not intended to diagnose, treat, cure, or prevent any disease or illness either physical or mental in nature. If you have a medical or heart condition, consult your doctor before using the Flip Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Flip Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Flip Service. If you engage in any exercise program you receive or learn about through the Flip Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Avantari Technologies Private Limited respects copyright law and expects its users to do the same. It is Avantari Technologies Private Limited ‘s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
Additional Policies Apply To Product Orders
Avantari Technologies Private Limited’s Limited Product Warranty apply to purchases made. All orders placed are subject to Avantari Technologies Private Limited’s acceptance. We may accept, decline, or place limits on your order for any reason.
Changes To The Flip Service
Avantari Technologies Private Limited may change or discontinue, temporarily or permanently, any feature or component of the Flip Service at any time without notice. Avantari Technologies Private Limited is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Flip Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Flip products without prior notice to you.
These Terms will continue to apply to you until terminated by either you or Avantari Technologies Private Limited. Avantari Technologies Private Limited may terminate the Terms or suspend your access to the Flip Service at any time, including in the event of your actual or suspected unauthorised use of the Flip Service or non-compliance with the Terms. If you or Avantari Technologies Private Limited terminate the Terms, or if Avantari Technologies Private Limited suspends your access to the Flip Service, you agree that Avantari Technologies Private Limited shall have no liability or responsibility to you and Avantari Technologies Private Limited will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Flip Service or content is to uninstall any Flip Service and to stop using the Flip Service.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete information related to your account. You may cancel your account at any time by contacting us here.
THE FLIP SERVICE AND FLIP CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS OR MEDITATION, FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Flip Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Flip Content. You acknowledge and agree that if you rely on any Flip Content or the Flip Service, you do so solely at your own risk.
You will indemnify and hold harmless Avantari Technologies Private Limited and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Flip Service, or (ii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Limitation Of Liability
NEITHER AVANTARI TECHNOLOGIES PRIVATE LIMITED, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FLIP SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FLIP SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AVANTARI TECHNOLOGIES PRIVATE LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL AVANTARI TECHNOLOGIES PRIVATE LIMITED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FLIP SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO AVANTARI TECHNOLOGIES PRIVATE LIMITED FOR USE OF THE FLIP SERVICE OR SIX THOUSAND INDIAN RUPEES (INR 6,000), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AVANTARI TECHNOLOGIES PRIVATE LIMITED, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AVANTARI TECHNOLOGIES PRIVATE LIMITED AND YOU.