Terms of use

These Terms of Use (“Terms”) govern your use of our website, mobile applications and other platform named as Prosperfit (collectively, the “Platform”), and made available by Betterment ConsumerTech Pvt. Ltd. (“Prosperfit”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at HD-005, WeWork Vaishnavi Signature, No. 78/9, Outer Ring Road, Bellandur Village, Varthur Hobli, Bengaluru, Karnataka 560103. The terms “you” and “your” refer to the user of the Platform. Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from the Republic of India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction. You and we are required to follow certain rules while you use our Platform. We have listed these rules in these Terms. Please read these Terms and all other hyperlinks mentioned here carefully. Do remember that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws. 1) CHANGES TO TERMS AND SERVICES Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally. We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments. 2) WHO MAY USE OUR SERVICES Our Platform helps you to consume interesting and benefit-oriented content, interact with experts, stay in touch with your friends, and share audio, video and graphic content (“content”) in your preferred regional language, in accordance with the quality standards set by the platform. We understand your preferred content and personalize your newsfeed to show you and suggest content available on our Platform (“Service/Services”). You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you” and “your” shall refer to the company. 3) HOW TO USE OUR SERVICES We have developed a unique platform. Our Services are available exclusively in regional languages. We strive to give you personalized content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your experience across social media platforms. To use our Services, you must register on our Platform by using your Google Account and/or Apple Appstore Account. We do not read any information stored on your mobile device and computer without your permission. 4) PRIVACY POLICY To effectively provide and introduce any new Services to you, we collect certain information such as your phone number, your gender and your name from you. We may further request and store additional information. Such information is stored securely on amazon web services or “AWS” cloud servers and the “Google Cloud Platform” cloud servers, thereby also subject to the terms of the AWS and Google Cloud privacy policy. The Privacy Policy explains how we collect, use, share and store the information collected. The Privacy Policy also details your rights under law and how you may control the data you provide us. 5) PAYMENTS AND CANCELLATIONS a) Billing We may offer certain content services for purchase ("purchases") through Website, Apple App store, iTunes, Google Play, carrier billing, or other payment platforms authorized by us. If you choose to make purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as iTunes or Google Pay) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Prosperfit or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. b) Auto-Renewal; Cancellation Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. Objections to a payment already made should be directed to Customer support, if you were billed directly us or the relevant third party account such as iTunes. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by submitting a request to Customer Support or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your third party account (or submit a request on Customer Support) to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the our application from your device. Deleting your account or deleting the application from your device does not terminate or cancel your subscription; We will retain all funds charged to your Payment Method until you terminate or cancel your subscription on our or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. 6) YOUR COMMITMENTS Providing a safe Service for a broad community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are: a. No Impersonation or False Information to be Provided While you do not have to use your actual name on our Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services. In the event you are operating a parody account for satirical or comedic purposes, you must state the same in your profile bio. b. Device Security We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and anti-virus software on your mobile devise and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number. c. Content Removal and Termination Your usage of our Platform is governed by our Content and Community Guidelines. If any of our users report your content to be against the Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at: [email protected] d. Platform Not to be Used For Anything Unlawful or Illegal Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents. To this effect, we have developed various tags to classify the nature of the content. You must therefore, correctly identify the nature of the content shared by you and tag it appropriately. All mature content, including any violent content, should be tagged as “Non-Veg”. You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious in nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. Please read the Content and Community Guidelines for further details. In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform. e. Content Rights and Liabilities We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Platform. We may not have any ownership over some or any of the content shared by you and the rights in the content may remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against our Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content. By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content in perpetuity (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read our Privacy Policy. You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform. 6) Intermediary Status and No Liability We are an intermediary under the Information Technology Act, 2000 and the Information Technology Act (Intermediary Guidelines) Rules, 2011. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the rules and regulations, our Privacy Policy, and our terms of Use for accessing and using our Platform. Our role is limited to providing a platform to display the content shared by you and our other users. We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. 7) You Will Not Attempt to Disrupt or Jeopardize We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions. 8) Permissions you give to us You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are: a.Permission to Share Your Profile Information with Third Parties While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep building newer and more interesting types of content and keep offering you our Services for free. Pursuant to this, we may share your user name and gender, and any data that we may collect relating to your usage habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us. If we share any sensitive personal information such as your race, caste, or health information, biometrics etc., we will ask you for your consent prior to sharing the same. b.Automatic Downloads and Updates We are constantly updating our Platform and Services offered. To use our Platform, you may need to download our mobile application to your mobile device and update it from time to time. c.Permission to Use Cookies We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies. d.Data Retention We shall have the right to retain certain information regarding your usage of the Platform. Please view our Privacy Policy for further information relating to the collection, storage and use of your information by us. 9) Our agreement and what happens if we disagree a.Who Has Rights Under These Terms The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company. b.How We Will Handle Disputes In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Bangalore shall have exclusive jurisdiction over all such disputes. c. Grievance Officer We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them. You may contact the Grievance Officer at any of the following: Name: Kshitij S. Address: WeWork Vaishnavi Signature, No. 78/9, Outer Ring Road, Bellandur Village, Varthur Hobli, Bengaluru, Karnataka 560103 Office Hours: 10:00 A.M. to 1:00 P.M. Email: [email protected] 10) Indemnification You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or wilful misconduct. This obligation will survive termination of our Terms. 11) Unsolicited materials We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential. 12) General a.If any aspect of these Terms is unenforceable, the rest will remain in effect. b.Any amendment or waiver to our Terms must be in writing and signed by us. c.If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us. d.We reserve all rights not expressly granted to you. ***