Evolwe Technologies Private Limited, is a company in India, incorporated under Companies Act, 2013 (referred herein after as "us", "we", "our"). We operate as a health and wellness technology provider, offering a smart ring and mobile application (the "app") that monitor sleep and daily activity, with optional AI-powered features designed to enhance users' overall wellbeing (collectively "Product"). We do not provide medical advice, and our products and services do not diagnose, treat, or cure any disease. Our offering are intended solely for general wellness purpose and should not replace professional medical care or guidance from qualified healthcare providers.
These Terms of Condition ("Agreement" or "Policy") tell you the rules when we offer you access to use of our app, Product, websites, and other services (collectively the "Services") and your Account (as explained below). As used in this Agreement, "you" or "your" means the individual user interacting with our Services. This Agreement is a legal contract between you and Evolwe. By accessing our Product or Services, you are agreeing to be bound by the terms of this Agreement.
Nothing in this Agreement is intended to limit or exclude your rights under any mandatory consumer laws in your jurisdiction of residence. If you do not agree to all the terms in this Agreement, you are not permitted to use the Services or to create an Account.
To provide you full access to our Service, you are required to create Account, under Evolwe App. To create an Account, you may be asked to provide your age information, country/region, and then provide an email address, a username, a password, and such other information as we may deem necessary in connection with the creation of your Account ("Account"), all of which will be processed and stored in accordance with our Privacy Policy. You must provide accurate, current, and complete information about you when creating an Account. You are responsible for keeping your Account username and password secret. You also agree not to sell, transfer, or share your Account, or your Account's username or password, and you agree to notify us immediately if you suspect any unauthorized use of your Account. We have the right to deny the creation of any Account, for any legitimate reason, and we reserve the right to terminate any Account that violates this Agreement in accordance with the termination provisions below and to delete any Account information in accordance with our Privacy Policy.
User of our Services should be of 16 years or age and above, if the requirement stated here is below the minimum legal age of adulthood in your country of residence ("Minor"), the user's parent or legal guardian are entering into this Agreement on their behalf. Minors must ask their parent or guardian to review and explain this Agreement to them, and to agree to this Agreement on their behalf. If you are the parent or guardian of a minor and you agreed to this Agreement on their behalf, you agree that you will be responsible for all uses of the Services or Accounts, by that Minor whether or not such uses were explicitly authorized by you. You are legally and financially responsible for all your actions while using or accessing the Services.
Your use of the Services and Product must follow the rules set forth in this section ("Usage Rules") below. Any other use of the Services and Product is a material breach of these Terms.
Evolwe is the owner and/or licensee of all intellectual property rights in the Product and Services, and in the material published on it including without limitation all graphics, visual and user interfaces, design drawings, text, photographs, artwork, logos, sound, music, trademarks and computer code (collectively, "Content"). Those works and the Content are protected by copyright, patent, trade dress, unfair trade and trademark laws and treaties around the world. All such rights are reserved.
Save as expressly provided in this Agreement, you may not copy, reproduce, upload, republish, translate, compile, encode, transmit or distribute in any way to any other medium, website, server or computer for distribution or publication or for any commercial enterprise, any part of the Product or its Content, without Evolwe's prior written consent.
Services may require you to pay through a third-party ("Digital Storefront"). Your purchase through the Digital Storefront is subject to any applicable terms or conditions by the Digital Storefront, ("Storefront Terms") all of which are incorporated herein by reference. Payment related data is collected and used by us in accordance with our Privacy Policy. Our App is available both on Android and IOS platform, your Account shall be linked with the payment account made by such Digital Storefront offered by android and IOS platforms. Your subscription will automatically renew at the end of each billing period. The Digital Storefront will charge your payment method for the then-current fee unless you cancel your subscription at any time, which will prevent auto-renewal and terminate the subscription at the end of your current billing period or at such other time as is permitted under the Storefront terms. Please note there is no refund for partial billing period.
In no event shall Evolwe be liable to you for any indirect, incidental, special, consequential, or punitive damages, including any health-related insight data visualization or suggestion, as all data provided is only for informational purpose only and do not constitute as medical advice, diagnosis or treatment. You acknowledge and agree that you are solely responsible for any decisions made or actions taken based on the information provided through the service.
Although Evolwe employs industry-standard security measures, we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, and we are not liable for any delays, interruptions, failures, or inaccuracies in the Service.
You agree to indemnify and hold the Company Parties harmless from any claims, damages, or harm arising out of your misuse of the service, including but not limited to: (i) Use of the service for any illegal or unauthorized purpose (ii) Intentional manipulation of data or interference with service security; (iii) Failure to provide accurate information or maintain the confidentiality of your account credentials.
Evolwe reserves the right to do the following at any time, without notice: (1) terminate the use of your Evolwe account and discontinue providing services to you if you violate terms of this Agreement, or if you involved in a fraudulent behaviour; and (2) interrupt the operation of the Product or Service to perform maintenance, error correction or other changes.
We do not guarantee that the Product, or any Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website or app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
This Agreement and any disputes arising under or in connection with it shall be governed by and construed in accordance with Indian law, without regard to its conflict of laws provisions. If there is any conflict between a provision of this Agreement and laws and regulations, the laws and regulations shall prevail.
In the event of any dispute arising under or in connection with this Agreement, the parties shall attempt, promptly and in good faith, to resolve such dispute. If no settlement can be reached, you and we both agree that the courts of India will have exclusive jurisdiction.