FLIP

TERMS OF USE

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”).

We’ve established a few ground rules for you to follow when using the services provided through the Flip Service, to make sure the Flip Service is used respectfully and appropriately. Please follow these rules and encourage other users to do the same.

Avantari Technologies Private Limited respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Flip Service or content delivered to you via the Flip Service (b) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Flip Service or any part thereof; (c) renting or leasing of any part of the Flip Services; (d) circumventing of any time restrictions applied by Flip Service; (e) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Flip Service; 

Please respect the Flip Service and other users of the Flip Service. Don’t engage in any activity while using Flip Service or upload/share content related to the Flip Service, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Flip Service or a third party; (c) is intended or does harass or bully others; (d) impersonates or misrepresents your affiliation with another person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (e) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (f) promotes commercial products or services; (g) conflicts with the Agreement, as determined by Avantari Technologies Private Limited. You agree that Avantari Technologies Private Limited may also reclaim your Flip Service account for any reason.

Avantari Technologies Private Limited has no responsibility for your choices to make any actions or material public on your usage of the services provided within the Flip Service.

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.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVANTARI TECHNOLOGIES PRIVATE LIMITED, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE FLIP SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AVANTARI TECHNOLOGIES PRIVATE LIMITED HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE FLIP SERVICE, OR CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO AVANTARI TECHNOLOGIES PRIVATE LIMITED DURING THE PRIOR THREE MONTHS IN QUESTION.

Further, you and Avantari Technologies Private Limited agree to the exclusive jurisdiction of the courts of India to resolve any dispute, claim or controversy that arises in connection with these Agreements.