This End User License Agreement along with the Privacy Policy ( collectively referred to as "EULA"), is a binding agreement between Jio Platforms Limited and the end user who access JioFit websites, related mobile applications and services (collectively, the "Services"). This EULA is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THE EULA, OR OTHERWISE HAVING ACCESS TO, RECEIVING, AND/OR USING SERVICES, YOU HEREBY CONFIRM TO HAVE READ, UNDERSTOOD AND AGREE TO BE GOVERNED AND BOUND BY, THIS EULA, AND THE PRIVACY POLICY ("POLICY") WHICH IS INCORPORATED BY REFERENCE AND FORMS PART OF EULA AND ANY OTHER RULES OR GUIDELINES, AS MAY BE ISSUED BY JIO PLATFORMS LIMITED WITH RESPECT TO THE SERVICES, FROM TIME TO TIME. YOU MAY ACCESS THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THE EULA, PLEASE DO NOT CLICK THE "I ACCEPT" BUTTON OR DOWNLOAD OR INSTALL THE APPLICATION PROVIDING SERVICES.
Jio Platforms Limited maintains the right to alter this EULA whenever it sees fit. Please occasionally review it. If Jio Platforms Limited modifies this EULA, the revised EULA will be promptly posted. We will give a clear notice if we make any changes that we believe to be significant. However, it is your responsibility to review the EULA from time to time. You should cease using the Service and delete your account if you disagree with any modifications made to this EULA. You will be deemed to have accepted the terms of the EULA, as amended, if you continue to access the Services after the EULA is modified. Discontinuing use of Services will not affect the applicability of the EULA to your prior uses of the Services.
You acknowledge and confirm that Jio Platforms Limited is merely acting as a passive conduit to facilitate storage, transfer of the Content and therefore Jio Platforms Limited is an intermediary under the Information Technology Act, 2000 as amended and the relevant rules made thereunder. This EULA is deemed to be published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Content.
The JioFit Services cannot be provided and the agreement described in this EULA of Service cannot be performed without JioFit processing data about you, and other JioFit users, as elaborated in Privacy Policy. Processing of the data you share with JioFit, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.
Registration and Accounts
The Services are intended solely for persons who are atleast 18 years old. In order to access any Services you will be required to visit its application on your device. The application will require your permission to enable cookies. You acknowledge that you are agreeable to providing such permissions. In doing so, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that JioFit may use your User Data to provide Services that you access or use and as otherwise set forth in this EULA and our Privacy Policy. You also agree to create only one account for your own personal use and not share your account or JioFit subscription with others. If you provide any User Data that is inaccurate or not current or that you have created multiple accounts, JioFit has reasonable grounds to suspect that such User Data is inaccurate or not current, JioFit has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of India.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent unauthorized third parties from illegally accessing the Services or its contents. You agree to immediately notify JioFit of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to JioFit. The use of unique and complex passwords is highly recommended for security reasons.
You may be allowed to register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize JioFit to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
By virtue of certain of the Services connecting to the third party API, you hereby agree to be bound by the https://www.microsoft.com/en-gb/servicesagreement/ and https://privacy.microsoft.com/en-gb/privacystatement in connection with your use of such Services.
Ownership of and Use of Content
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that you, and not JioFit, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. JioFit does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. JioFit may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the EULA or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will JioFit be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that JioFit is not responsible for, and does not endorse, Content posted on the Services. If your Content violates this EULA, you may bear legal responsibility for that Content. As between you and JioFit, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with JioFit is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place JioFit in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of JioFit other than as set forth in our Privacy Policy, and JioFit will not be liable for any use or disclosure of any Content you provide.
You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the JioFit service without compensation to you. For example, we may show your JioFit followers that you use a certain device, product, or service available from a brand that has paid us to display its ads on JioFit.
The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray JioFit or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., GPS systems). While JioFit may recommend the equipment or materials of certain third party suppliers, JioFit shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in this EULA; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Restriction on use of Service
You shall use the Services strictly in accordance with this EULA and shall not: (i) decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Services; (ii) make any modification, adaptation or improvement, enhancement, or derivative work from the Services or incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service; (iii) violate any applicable laws or regulations including but not limited to copyright act, import and export control laws and regulations in connection with your access or use of the Services or the content; (iv) remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Services; (v) use the Services for any revenue generation endeavor, or any other purpose for which it is not designed or intended; (vi) install, use or permit the Services to exist on more than one Device at a time or on any other applicable device, other than by means of your separate access of the Services, each of which is subject to a separate license; (vii) distribute or link the services being provided to multiple devices, or other services; (viii) make available the Services over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use; (ix) use the Services for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the terms of the EULA; (x) use the Services to attempt to interfere with the proper display of the content; (xi) use the Services for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person; (xii) use the Services for creating a service or software that is directly or indirectly, competitive with the Services or any services offered by Jio Platforms Limited; or (xiii) derive any confidential information, processes, data or algorithms from the Services.
You also expressly agree not to engage in any use or activity that (a) may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Services or the content including that of, any associated software, hardware, telecommunications or wireless equipment; (b) may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information; (c) may interfere with the proper working of the JioFit or prevent others from using the Services; or (d) may delete the copyright and other proprietary rights notices on the JioFit.
You agree not to use JioFit for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks, or trade names, privacy rights, personality rights, or any other proprietary rights of any third party. You shall not use the Services and access the content through the Services outside the territory of the Republic of India, unless permitted by Jio Platforms Limited. Jio Platforms Limited shall have the right to use various technologies and digital rights management mechanisms to enforce this territorial restriction and/or to verify your compliance with this restriction.
Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the JioFit, without the prior written consent of the owner of rights in such marks.
You agree not to incorporate the Services into, or stream or retransmit the same via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Jio Platforms Limited.
You shall not access the Services by any means other than through the JioFit. You shall, unless explicitly provided herein, neither directly nor through the use of any device, software, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, / re-publish, modify, translate, broadcast, perform, publicly display, sell, transmit or retransmit, edit, re-use, adapt, incorporate or create any derivative works of, any content streamed / viewed / downloaded from the JioFit.
You are permitted to use and exploit Services only in accordance with the rights granted by Jio Platforms Limited for that particular content in accordance with your subscription package. You agree not to, or permit anyone else to, circumvent, disable or otherwise interfere with security-related features and any digital rights management mechanisms of JioFit including the features that prevent or restrict use or copying of any content provided to you through JioFit. You agree that Jio Platforms Limited shall have no liability for, and you agree to defend, indemnify and hold Jio Platforms Limited harmless against, any claims, losses or damages arising out of, or in connection with, your unauthorized use of any JioFit and/or Services.
Jio Platforms Limited does not endorse any content made available through the JioFit, or any opinion, recommendation, or advice expressed thereon by any user and Jio Platforms Limited expressly disclaims any and all liability in connection with such views or opinions or comments provided by the users.
Jio Platforms Limited shall use reasonable efforts to make the Services available to the users, at all times through the JioFit. However, the Services are provided over the internet, data and cellular networks and so the quality and availability of the same may be affected by factors outside Jio Platforms Limited’s control. Accordingly, Jio Platforms Limited does not accept any responsibility for unavailability of JioFit, Services and/or content, at any time. Jio Platforms Limited will not be responsible for any support or maintenance for the JioFit.
A portion of JioFit may include advertising data, promotional materials, or other content that has been provided to Jio Platforms Limited by third parties. It is solely the responsibility of the entity submitting the information or material to ensure that any material submitted for inclusion on the JioFit complies with all relevant local, state, and federal laws. Your interactions with advertisers in the form of correspondence, commercial dealings, participation in promotions, and any other terms, conditions, warranties, or representations associated with such interactions are exclusively between you and that advertiser. You should independently confirm any advertising material's applicability to your needs before relying on it, and you should get appropriate professional advice. Jio Platforms Limited shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of you relying on the contents of the advertisement.
Third Parties
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with JioFit. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT JIOFIT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
JioFit or third parties may provide links to other internet sites or resources through the Services. JioFit does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that JioFit is not responsible for the availability of such external sites or resources.
Electronic Communications
The Services may allow you to send or post messages to forums or chat rooms, speak via internet voice connections, or send similar messages and communications to third-party service providers, advertisers, your personal contacts, other athletes, and/or JioFit. You agree to use the communication methods available on the Services only to send communications and materials related to the subject matter for which JioFit provided the communication method. You also agree that all such communications by you will be deemed your Content and will be subject to and governed by the EULA and applicable law.
By using the communication methods available on the Services, you agree that:
In other words, JioFit is not responsible for any communications that you send or receive through the Services. You are responsible for ensuring that your communications are appropriate and comply with all applicable laws and regulations. JioFit also reserves the right to monitor communications at any time and to take action against users who violate its policies.
Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by JioFit or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
JioFit grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by JioFit.
The term JIOFIT, the JioFit logo and other JioFit logos and product and service names are the exclusive trademarks of, and are owned by, Jio Platforms Limited and you may not use or display such trademarks in any manner without JioFit’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
JioFit reserves all rights not expressly granted hereunder.
Your Feedback
You are free to give your comments, feedback, suggestions, and other communications regarding the Services and the information and service out of your volition (collectively, “Feedback”). If you provide Feedback, you hereby grant to JioFit a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send JioFit any Feedback that you do not wish to license to us as set forth above.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. JIOFIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. JIOFIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT JIOFIT IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, PLEASE CALL YOUR PHYSICIAN. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND JIOFIT.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, CYCLING, RUNNING, OR FOLLOWING A JIOFIT TRAINING PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF JIOFIT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT JIOFIT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE JIOFIT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE JIOFIT WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY JIOFIT TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY JIOFIT (INCLUDING, WITHOUT LIMITATION, ANY JIOFIT TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JIOFIT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
JIOFIT DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.
THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THIS EULA SHALL NOT EXCEED THE GREATER OF EITHER (a) ONE HUNDRED FIFTY INDIAN NATIONAL RUPEES (INR. 150) OR (b) THE AMOUNT OF FEES PAID BY YOU TO JIOFIT IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
Indemnity
You agree to indemnify and hold JioFit and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which JioFit sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the EULA, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to JioFit are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Dispute Resolution
Arbitration
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the JioFit’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered in accordance with the Arbitration And Conciliation Act, 1996 and its amendements. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction
Governing Law:
This EULA is governed and construed in accordance with the laws of India. The courts in Delhi shall have exclusive jurisdiction to hear disputes arising out of the EULA.
Force Majeure:
Jio Platforms Limited shall be under no liability whatsoever in the event of non-availability of any portion of the Services or subscribed Content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of Jio Platforms Limited.
Termination
You agree that JioFit may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the EULA or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in JioFit’s sole discretion and that JioFit shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the EULA: Content and Conduct, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Governing Law and General.
General
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and JioFit as a result of the EULA or your use of the Services. The EULA constitute the entire agreement between you and JioFit with respect to your use of the Services. You may not assign, delegate or otherwise transfer your account or your obligations under this EULA without the prior written consent of JioFit. JioFit has the right, in its sole discretion, to transfer or assign all or any part of its rights under this EULA and will have the right to delegate or use third party contractors to fulfill its duties and obligations under this EULA and in connection with the Services. JioFit’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the EULA. A printed version of the EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the EULA are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Copyright Notice and Notice for other Grievances
In accordance with the applicable laws, for any grievance including if, you believe in good faith that any information viewed through the Services infringes your copyright, you may reach us at care@Jio.com.
Waiver
Any failure by Jio Platforms Limited to enforce the EULA, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time. If any provision of the this EULA 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 the EULA remain in full force and effect.
Entire Agreement
The EULA including the Policy, as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.
Limited Time to Bring Your Claim
You and Jio Platforms Limited agree that any cause of action arising out of or related to use of the Services or the Content must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
CONTACT DETAILS FOR GRIEVANCE REDRESSAL:
If You have any complaints or concerns with regards to content or to report any abuse of applicable laws, breach of EULA, or any content of Services is in violation of your rights or the Services is in violation of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 then you may immediately contact the Grievance Officer in the following manner,
Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting You prejudicially;
Providing your contact information including email, address, and telephone number where You can be contacted if required.
Giving a declaration cum undertaking along with necessary documents establishing You (i) as the rightful owner of the content to be disabled/ affecting you prejudicially, (ii) as an affected person, stating that the information submitted is true, complete & accurate and no material fact has been hidden, and also stating that JPL, its Affiliates, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying on such requests.
You may forward your request/ complaints to Grievance Officer.
Name: Radha Nair
Contact : E-mail: grievance.officer@jio.com