1. Introduction

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These terms of use (“Terms of Use”) govern your use of the online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Goodness Factory Living Essentials Pvt Ltd, Inc. (“Beyond”, "August", “we,” “us,” and “our”), including the www.getbeyondhealth.com website (the “Site”), the Beyond mobile application (the “App”), and the services and products (jointly referred to as the “Products”) Beyond offers directly to users through the Site, Whatsapp and the App. In these Terms of Use, we refer to the Site, App, and Products collectively as the “Services.”  The terms “you” and “your” mean you, your dependent(s) if any, any other person accessing your Beyond Account, and your heirs, assigns, and successors. If you use the Services on behalf of another individual as permitted in Section 10 below, you represent and warrant that: (i) you have the authority to bind that individual, (ii) your acceptance of the Terms will be deemed an acceptance by that individual, and (iii) “you” and “your” herein shall refer to that individual, their heirs, assigns, and successors. ‍ Before you use any of the Services, please read these Terms of Use and the Beyond Privacy Policy carefully. Your use of any of Beyond’s Services indicates your acceptance of these Terms of Use and the Privacy Policy. If you do not want to accept the terms set forth herein and in the Privacy Policy, please do not use the Site, the App or our Products.

2. Privacy; Use of Your Information
You agree that we may process information we collect through the Services pursuant to the Beyond Privacy Policy,.

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3. Services Provided – No Medical Care or Advice by Beyond

Beyond believes that conversational AI will fundamentally reshape the way that we interact and use computers in our everyday lives. As you interact with our Services, we will learn more about how to make this emerging technology ever more helpful, collaborative, and fun to communicate with.

Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on to make sure that our Services can reach their full potential. As part of that, you recognize that:

• We will use the content of your conversations to improve our Services. We will use the content of your conversations as well as other metadata to train our models, improve our Services, and create new Services. Our uses of this data are detailed in our Privacy Policy.

• You must use our Services in accordance with our Acceptable Use policy. Your access to our Services is conditioned on your agreement to use the Services in accordance with these Terms generally and our Acceptable Use policy (as detailed below in “Acceptable Use”).

The information you receive from our Services may not be accurate. You recognize that any information you receive from our Services may not be accurate or otherwise trustworthy. Do not rely on this information without fact-checking on your own first or consulting with a professional. Getting factuality right remains an active area of research for the entire field of conversational AI, and it remains a major priority for the development of Beyond AI services going forward. Please review the “No Warranties” section below.

Registering for our services

You register for our Services by providing us with your name and phone number. In doing so, you agree to:

• Provide us with complete and accurate registration information. You may not use a phone number that you do not control, and you may not attempt to impersonate another person in registration.

• If you are registering for our Services on behalf of an organization, you warrant that you are authorized to agree to these Terms on their behalf.

• Be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties.

Finally, our Services are not intended for minors under the age of 18. If you are a minor under the age of 18, please do not register for our Services or send any Personal Information to us. If you have reason to believe that a minor under the age of 18 is using our Services, please let us know immediately at contact@getbeyondhealth.com and we will seek to revoke access and delete any associated information as quickly as possible.

Acceptable Use

You agree that you will use our Services in accordance with the following rules, as well as any other written policies we may provide from time to time:

• Illegal Use: You must use our Services in compliance with the law. If your use of our Services are limited by the laws applicable to you, you are not authorized to use our Services for that purpose.

• Harmful Uses: You may not use or attempt to use our Services to generate harmful content. Such content includes material that may lead to serious harm to yourself or others, content relating to unethical behavior, or content that may spread misinformation. This policy also bars attempts to use the Services to create content to be fraudulently represented as human-generated.

• Abusive Content: You may not use or attempt to use our Services to generate hateful or discriminatory content, sexually explicit content, descriptions of graphic violence, or other types of shocking material.

• Infringing Rights: You may not use or attempt to use our Services to infringe or violate the rights of others, including violations of the privacy of others. This includes queries to surface the personal information of individuals, including phone numbers, addresses, and other similar sensitive data.

• Security: You may not attempt to engage with our Services in an effort to disable, disrupt, or otherwise subvert the security of our Services. This includes attempts to bypass or disable any content moderation and safety measures implemented within our Services.

• Reverse Engineering: You may not use or attempt to use our Services to reverse engineer, decompile, or otherwise attempt to obtain the underlying models, algorithms, or source code of the Services. You may not engage in this or any other activities with regards to our Services to build products that may be competitive with Beyond.

• Scraping: You may not scrape or attempt to “crawl” or “spider” any page, data, or portion of our Services, either via manual or automated means.

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Product Details

August AI

This product is only for users who are 18 years of age or older.

August is a health information AI available on Whatsapp. You may interact with August by sending it a message on Whatsapp. A message to August does not guarantee a response. August is designed to provide health information and health information only. Any message from August should never be treated as medical advice. It is your responsibility to consult with a licensed healthcare provider before applying any information given by August. Augusts is available to people residing in India only. Incase you are not currently residing in India, it is your responsibility to ensure you are complying with the laws applicable in your country before interacting with August.

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Beyond Lab Tests

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This product is only for patients who are 18 years of age or older.
Results for your lab tests will be available on the Beyond application. Once you have received those results, you may want to contact a healthcare provider in order to obtain a medical diagnosis and advice about possible treatment options if your healthcare provider determines that you have a medical condition that requires treatment. While Beyond does not provide medical advice and does not recommend or endorse any specific healthcare providers, tests, physicians, medications, products, or procedures, our App contains information about telehealth providers you may want to consult to evaluate your test results and to consider possible treatment options. In selecting a healthcare provider, you should work with someone you trust, and you may want to consider working with a healthcare provider other than one of the providers whose information is available via the App. Please note that providers you can access from our App are not employed by Beyond, and Beyond disclaims any liability arising from their advice or services. In all instances, the providers, and not Beyond, are responsible for the quality and appropriateness of the care they render to you. The providers are independent of Beyond and are merely using the App as a way to communicate with you. Any information or advice you receive from a provider comes from them alone and not from Beyond. Your interactions with providers via the App are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Neither Beyond, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice you may receive from a provider. You acknowledge that your reliance on any providers or information delivered by the providers is solely at your own risk and you assume full responsibility for all risks associated herewith. Beyond does not make any representations or warranties about the training or skill of any providers who deliver services via the Site or the App. You are ultimately responsible for choosing your particular provider. ‍ We may provide certain content in the Site or the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals. Such content is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Beyond. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Beyond, or in connection with any communications supported by Beyond, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

While Beyond facilitates your selection of, and communications with, healthcare providers, Beyond does not provide medical services, and the doctor-patient relationship is between you and the healthcare provider you select.
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4. Not for Emergencies

‍IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “112” IMMEDIATELY.  **** Beyond’s Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Services. If you believe you have an emergency, call 1-1-2 immediately. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

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5. Risks of Telehealth Services

‍Beyond may offer you the ability to connect directly with a third-party healthcare provider through the Services. By using the telehealth feature of the App, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or healthcare decision making by a healthcare provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

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6. No Endorsements

‍Beyond does not endorse any specific healthcare provider, medication, pharmacy, or pharmacologic product. If you use and rely on third parties you learn about through Beyond, you do so solely at your own risk.

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7. Not an Insurance Product

‍Beyond is not an insurer and does not otherwise provide insurance services or products. If you desire any type of health insurance or other insurance, you will need to purchase such insurance separately.

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8. Availability of Services

‍The Services may not be available in your state. You represent that you are not a person barred from purchasing Beyond’s products and/or services under the laws of the country or other applicable jurisdictions in which you may be located. Access to and use of the Services is limited exclusively to users located in States within India where the Services are legally available. Services are not available to users located outside India. Accessing Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

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9. Ordering and Purchasing of Products

‍Order Acceptance and Shipment Your placement of an order for a Beyond product does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to process your order. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determined that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing

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We reserve the right to cancel any orders placed for Products listed at an incorrect price due to typographical error or error in pricing information received from a third party. We also reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Risk of Loss All Products purchased from our Site / App are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.

Return Policy

You may return Products in accordance with our Returns Policy posted on our Site.

Online Payments

We may offer certain Products or services available for purchase on the Site. We accept credit and debit cards issued by Indian banks. If a credit card account is being used for a transaction, Beyond may obtain pre-approval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that, if you are making online payments: (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card

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10. Eligibility; Site Access, Security and Restrictions; Passwords

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10.1 Users Setting Up Their Own Accounts

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In order to access the Site / App and the Services, you represent and warrant that: (i) you are at least 14 years of age, and (ii) you have the right to provide your information to Beyond in accordance with these Terms of Use and the Beyond In addition, you agree: (i) that you shall only purchase and use the Products in accordance with the eligibility criteria and age cut-offs set forth in Section 3 above, and (ii) to fully, accurately, and truthfully create your Beyond Account (“Account”) by providing correct and accurate information (e.g., your name, mailing address, phone number, email address, and password, which become your Beyond ID and credentials) and keeping such information current. You are solely responsible for maintaining the confidentiality of your Beyond ID and/or credentials, and for all activities that occur under such Beyond ID and/or credentials. You agree to prohibit anyone else from using your Beyond ID and/or credentials and agree to immediately notify Beyond of any actual or suspected unauthorized use of your Beyond ID and/or credentials or other security concerns of which you become aware. Your access to the Services may be revoked by Beyond at any time with or without cause.

10.2 Testing a Minor

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Beyond recognizes that in certain instances, a 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 the age required in Section 3 above for a user to use the Product in question. As used in the preceding sentence, “qualified adult” means the parent or legal guardian of the Minor in question. This person is sometimes referred to herein as a “Qualified Adult”.  In the situation described in the preceding paragraph, 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 he/she/they has/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, he/she/they shall be permitted to have his/her/their test results transferred to his/her/their own new account by emailing Beyond at:
contact@getbeyondhealth.com

10.3

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10.3 General Restrictions

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You are prohibited from violating or attempting to violate the security of the Site / App, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site / App or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site / App, deep-link to any feature or content on the Site / App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site / App. Violations of system or network security may result in civil or criminal liability. Beyond will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site / App or any activity being conducted on the Site / App.

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10.4 Electronic Communications

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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 have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 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.

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10.5 Consent to Receive Calls

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By providing your phone number, you are agreeing to be contacted by or on behalf of Beyond at the number you have provided. You further agree to receive calls and/or text messages with information related to Services (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.). Please note, that by withdrawing your consent, some Site / App features and certain Services may no longer be available to you. Where you provide consent, we may also contact you at the phone number you provide with promotional content. You represent that you are the owner or authorized user of the device you use to sign up for telephonic communications, and that you are authorized to approve any applicable charges. You may not consent on behalf of someone else. If we communicate with you through text messages, we and our service provider may receive and store data about text messages exchanged, including the date and time of the text message, your phone number, and the content of the text messages. To opt out of promotional text messages, you must text “STOP” in response to any such text message. You agree that texting “STOP” in response to our text message is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. We may send you a text confirmation of your opt out. If you opt out of promotional text messages, we may still contact you about your transactions with us. By using the Services, you are providing your consent to receive telephone communications electronically. Please print or download these terms using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent electronically. You may email us at contact@getbeyondhealth.com to request a copy of your consent or revoke your consent. For a free paper copy, email us at contact@getbeyondhealth.com with contact information and the address for delivery.

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11. Proprietary Rights; Additional Restrictions

‍The Site / App and the Beyond products are the property of Beyond, or its licensors or suppliers, as applicable. The Site / App and the Beyond products are protected by India and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, Beyond grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site / App. All rights not expressly granted to you in these Terms of Use are reserved and retained by Beyond or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site / App nor the Beyond products, nor any part of the Site /App or the Beyond products, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Beyond. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beyond without express written consent. You may not use any meta tags or any other "hidden text" utilizing Beyond’s name or trademarks without the express written consent of Beyond. You may not misuse the Services. You may use the Services only as permitted by law. Content available through the Site / App, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site / App 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. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including: images, text, page layout, or form) of Beyond without our express written consent.

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12. Restrictions on Access by Minors

Except as set forth in Section 10 above, the Services are only for users who are 18 years of age or older (for the Beyond Urine test). If you have not reached those required ages, please do not use the Services.

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13. Accuracy of Information; Functionality

‍Although Beyond attempts to ensure the integrity and accurateness of the Services, it makes no representations, warranties or guarantees with respect to the correctness or accuracy of the Site / App or descriptions of the Products and other content on the Site / App. The Services may include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, please inform Beyond so that it can be corrected. Information contained on the Site / App as well as the packaging of the Beyond products may be changed or updated without notice. Additionally, Beyond shall have no responsibility or liability for information or content posted to the Site / App from any non-Beyond affiliated third party. Beyond reserves complete and sole discretion with respect to the operation of the Services. We may withdraw, suspend, or discontinue any or all functionalities or features of the Site / App at any time. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Services in accordance with our internal record retention and/or destruction policies.

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14. Links to Other Sites

‍Beyond makes no representations whatsoever about any other website that you may access through the Services. When you access a non-Beyond site, please understand that it is independent from Beyond, and that Beyond has no control over the content on that website. In addition, a link to a non-Beyond website from the Site / App does not mean that Beyond endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to or otherwise referenced in our Site / App, you do this entirely at your own risk.

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15. 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 (“User Information”), you agree not to provide any User Information that: (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) 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. In addition, you agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. 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 (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) 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, 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; (v) use robots or scripts in connection with the Site / App; (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; (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.

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16. Claims of Copyright Infringement

‍We disclaim any responsibility or liability for copyrighted materials posted on the Site / App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Beyond respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Beyond’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
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 staking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the 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 (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to  Beyond, B-70, Sector C, Mahanagar, Lucknow, UP - 226006. and contact@getbeyondhealth.com

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17. 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 and the packaging of the Beyond products, 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 by Beyond (in that case, the license provider retains all right, title, and interest therein). The information available through the Site / App 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 and/or App. Nothing contained on the Site and/or App 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 and/or App 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.

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18. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Beyond EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

INFLECTION AI MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

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19. Limitation of Liability

‍UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BEYOND BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF Rs. 8,000 (ONE HUNDRED U.S. DOLLARS). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

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20. No Third Party Rights

‍Unless expressly stated in these Terms of Use 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.

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21. 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.

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22. Dispute Resolution; Arbitration Agreement

‍PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We will try to work in good faith to resolve any issue you have with the Site / App, including Products ordered or purchased through the Site / App, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
Binding Arbitration:You and Beyond agree that any dispute, claim or controversy arising out of or relating in anyway to these Terms of Use (including their formation, performance, and breach) or your use of the Site / App, and any Products ordered or purchased through the Site / App, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages. You agree that, by agreeing to these Terms of Use, the Indian Arbitration Acts governs the interpretation and enforcement of this provision, and that you and Beyond are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Beyond. If you desire to assert a claim against Beyond, and you therefore elect to seek arbitration, you must first send to Beyond, by certified mail, a written notice of your claim ("Notice"). The Notice to Beyond should be addressed to: Goodness Factory Living Essentials Pvt Ltd. Attn: Legal Dept. B-70, Sector C, Mahanagar, Lucknow, UP - 226006 ("Notice Address") If Beyond desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Beyond, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Beyond and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Beyond may commence an arbitration proceeding or file a claim in small claims court. Failure to engage in this 30-day informal dispute resolution process could result in the award of fees against you in arbitration. During the arbitration, the amount of any settlement offer made by Beyond or you shall not be disclosed to the arbitrator.
CLASS ACTION WAIVER:YOU AND Beyond AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Beyond agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.  Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence.  Seeking such relief shall not waive a party’s right to arbitration under this agreement.  30-Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Beyond, B-70, Sector C, Mahanagar, Lucknow, UP - 226006, ATTN: Legal. The notice must be sent within 30 days of March 25th, 2021 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those provisions. If you opt-out of these arbitration provisions, Beyond also will not be bound by them.  Changes to this Section: Beyond will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims of which Beyond does not have actual notice are subject to the revised clause.  If this Agreement to Arbitrate provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect. Exclusive jurisdiction and venue for any claims not subject to arbitration will be in state or federal courts located in and for Bangalore, Karnataka. You otherwise agree that the law of the state of Maharashtra governs these Terms of Use and any claim or dispute that you may have against us.

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23. Force Majeure

‍We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use 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.

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24. Indemnification

‍You agree to defend, indemnify, and hold harmless Beyond and its affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Services or any information posted on the Site and/or App (or our products); (ii) your breach of the Terms of Use or Privacy Policy.; (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 (or our products), including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

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25. 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 contact@getbeyondhealth.com . Beyond will use commercially reasonable efforts to respond to questions and provide support during M-F, 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.

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26. 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 conformance with the manufacturer’s original specifications, including use of modified versions of the operating system.

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27 Revisions; General

Beyond reserves the right, in its sole discretion, to terminate your access to all or part of the Services, with or without cause, and with or without notice. Beyond reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of the Services after such changes take effect will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the Site / App so that you may be aware of any changes to these Terms. Except as explicitly provided herein, in the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Terms of Use, the Services, or your relationship with us must be filed within one (1) year or such claim shall be forever barred. That one-year statute of limitations shall begin to run on the date provided under applicable law. Notwithstanding the foregoing, the above statute of limitations shall not apply to residents of New Jersey. These Terms of Use constitute the entire agreement between Beyond and you pertaining to the subject matter hereof. In its sole discretion, Beyond may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Copyright/Trademark Information. Copyright ©2021 Goodness Factory Living Essentials Pvt Ltd. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site /App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

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28. How to Contact Us:

‍If you have any questions, concerns, complaints or suggestions regarding our Terms of Use 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: contact@getbeyondhealth.com

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29. Apple iOS App

‍If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that:
- the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
- these Terms of Use are between you and Beyond, and not with Apple;
- Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Beyond, not Apple;
- except as otherwise expressly set forth in these Terms of Use, any claims relating to the possession or use of the iOS App are between you and Beyond (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these Terms of Use) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and contact@getbeyondhealth.com (mailto:contact@getbeyondhealth.com)
- although these Terms of Service are entered into between you and Beyond (and not Apple), Apple, as a third party beneficiary under these Terms of Use, will have the right to enforce these terms against you[contact@getbeyondhealth.com](mailto:contact@getbeyondhealth.com)
In addition, you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a Indian Government embargo or that has been designated by the Indian Government as a “terrorist supporting” country;
- you are not listed on any Indian Government list of prohibited or restricted parties; and
if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

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30. 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 of Use; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms of Use as it relates to Beyond’s Google-Sourced Software.

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Shipping and Refund Policy

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Average shipping time: 5 days
Your package is shipped within 2-7 days depending upon the destination PIN Code and COVID restrictions in place.
In case you have any queries regarding your shipment feel free to reach us on contact@getbeyondhealth.com or +91-7483127040
If you have any issues with the product or your product is damaged then contact us on contact@getbeyondhealth.com and we will try to resolve your concern. In case the resolution is refund then the process will take around 4-5 days to process the refund.