Welcome to VitaLyfe (“Platform”), owned and managed by Lupin Digital Health Limited (“Lupin Digital”).

The Platform is AI powered, and offers personalized healthy lifestyle management services at an agreed upon subscription fee to Users.  The objective of the Platform, is to provide the User a tech enabled, self-manageable, easily accessible platform, to control and manage their health and maintain a healthy lifestyle, in a positive and rewarding manner.

1. Nature and Applicability
   1. These Terms and Conditions (“T&C”) sets out eligibility criteria of the User, the conditions of use and certain obligations, which shall be applicable to anybody who downloads and seeks to use the Platform (“User/s” or “You”).
   1. These T&Cs also sets out the manner in which the Users’ information will be collected, generated, stored, used, handled and or transferred or shared for providing the Services and for better performance and management of the Services on this Platform.

1. The Platform can be accessed on mobiles or tablets by downloading the application from Google Play Store, Apple App Store.

1. Users are requested to carefully go through these T&Cs as well as the Cookie Policy and Privacy Policy, featuring on this Platform before subscribing and availing the Services.

1. These T&Cs, Privacy Policy and Cookie Policy and specific guidelines together constitute a legally binding agreement (“Agreement”) between the Users and Lupin Digital in connection with User’s access to the Platform and use of the Services. By accessing and downloading the Platform, Users agree and confirm that they have read and understood and are bound by the terms of the Agreement.

1. This Agreement is subject to revisions and modifications as determined necessary by Lupin Digital to secure, protect and or update the User of any new features and or services etc. Any changes to the Agreement shall be communicated to the Users by email and or by way of a pop-up message featuring on the Platform. It is the Users’ responsibility to go through the modified/amended Agreement. Your continued use of the Services shall be construed as your acceptance of the changes.

1. In addition to having provided a formal consent, You confirm and acknowledge that by clicking the button or checking a box marked “I Accept” after downloading the Platform, You have signified that you have read, understood, and agree to be bound by the Agreement and any amendment or modification made subsequently and communicated to you as afore stated.

• Intellectual Property Ownership
  • Lupin Digital is the owner of the Platform and owns all proprietary rights of whatsoever nature including but not limited to all intellectual property rights, such as trademarks, tradenames, copyright with respect to the Platform, specifically excluding the content, weblinks and information with reference to information of the diagnostic labs, agents, and any such other third parties whose Services are sought for better performance of this Platform.

• The T&Cs are published in compliance with, and shall be governed by the provisions of applicable laws, including but not limited to the Indian Contract Act, 1872, the Indian Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, the National Medical Commission Act, 2019, the Pharmacy Act, 1948, the Telemedicine Practice Guidelines, the Digital Personal Data Protection Act 2023 and any of its rules, regulations and guidelines framed thereunder including any and all amendments made thereafter.

• Eligibility
  • By using/ accessing the Services of the Platform, Users represent and confirm that they have the capacity to enter a legally binding contract under the Indian Contract Act, 1872. The Users further represent and confirm that they are above 18 (eighteen) years of age and that he/she shall provide identity and or documentary proof such as Aadhaar Card, PAN Card, etc. to verify the same, if requested for. You consent that the documents submitted at the time of registering yourself on this Platform are accurate, correct, and valid.

• Key Features of the Platform
  • The Platform offers a broad range of services to its Users (“Services”):
• Provides a health risk assessment and identifies cardiac risk;
• Provides for heart age calculation through the QRisk3 score;
• Provides personalized diet plans and exercise regime with an AI, camera guided exercise trainer;
• Provides for steps integration from Google Fit and Apple Health;
• Provides for stress and lifestyle management by providing breathing exercises, ergonomic exercises and tips to quit smoking;
• Sharing educational content on prevention management of various diseases.;
• Provides certain diagnostic services;
• Provides a constant engagement with the Platform through various gamification approaches and rewards;

• Heart age calculation through the QRisk Score: Lupin Digital, provides the Users access to the QRisk Score via the Platform, which calculates the Users heart age. However, it is the Users responsibility to input recent and accurate data in order for the calculator to provide the correct results. In the event, the User fails to provide the data, it will reflect score based on average population data used by the QRisk Score.

• Personalized Diet Plans: The Platform provides for personalized diet plans basis the food preferences, allergies, choice of cuisine, etc. as provided by the Users. The diet suggestions will take into considerations the most common allergies disclosed by the User, but on a best effort basis. However, it is the User’s responsibility to review the allergies contained in the suggested diet.

• AI driven camera guided exercise trainers: In order for the Platform to provide AI camera guided exercises which monitors the User’s posture and form when exercising, the User shall ensure that the devices through which the exercises are being viewed has a working camera and camera access shall be turned on in the settings to allow the application to monitor the form and posture of the User when exercising. Further, the User shall also provide the application permission to record it exercising in order for the application to enhance and specialize the exercises for the User. While performing the exercises, it is the User’s responsibility to take adequate precaution based on other conditions he/she may have eg. Joint pain, etc.

• Integration of User’s step count data: For the purpose of integrating the User’s steps from the User’s Google Fit or Apple Health account, the User shall give consent to sharing of this required data with the Platform, in order for the Platform to capture, enhance and specialize its Services for the User.

• Booking of Diagnostic Test: The User shall have the option of availing certain diagnostic services through designated diagnostic centres and allows the User to schedule their diagnostic tests through the Platform.

• Games and rewards: The Platform engages the User with games and grants rewards on achievement of certain milestones. The rewards and the process will be at the sole discretion of Lupin Digital.

• Subscription Fees

The Subscription Fees are in Indian Rupees (INR)..

• Disclaimer
  • Content featuring on this Platform has been generated by an artificial intelligence (AI) language model. While all effort is made to strive for accuracy and quality, please note that the information provided may not be entirely error-free or up-to-date. Furthermore, as an AI language model, the content generated is based on the data it has been trained on, which may include biased or incomplete information and its performance is based on Information and data that you, as a User provides.  Should you provide incorrect, false, inaccurate data or information, you will not reap the benefits of the Services offered on this Platform.  It is recommended that the information shared be truthful and complete.
  • Lupin Digital is acting as a ‘facilitator’ for diagnostic services and shall not be held liable or accountable for any default, delay, biased, errors or deficiency for such services.
  • Lupin Digital strives to mitigate biases, but it is important to be aware of potential limitations and to seek alternative perspectives when necessary. It is recommended to consult your Doctors, Healthcare professionals for specific medical advice or information. Lupin Digital does not assume any responsibility or liability for the use or interpretation of the content.
  • Lupin Digital shall ensure that all third parties associated with the Platform, offering diagnostics services etc., provide the best possible services, however Lupin Digital cannot ensure or enforce such third parties to provide services in a timely manner.
  • Lupin Digital may put further terms and conditions on specific Services from time to time and reserves the right to amend, modify and cancel any of the terms already existing in the Platform at any given date. Any changes will be duly notified to all Users through pop-ups and system updates.
  • The Platform and Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, for a particular purpose. Without limiting the foregoing, Lupin Digital makes no warranty, implied or otherwise that (i) the Platform or the Services will meet User’s requirements or use of the Platform, or (ii) the Services will be uninterrupted, timely, secure or error-free (ii) the quality of the Platform, the Services or other materials offered by Lupin Digital, will meet the User’s expectations.

• Lupin Digital is continually working to improve its AI model and the accuracy of the content it generates. The User hereby assumes all risk for any damage that may result from their access to, use or misuse of, or inability to use the Platform, their dealings with any user, and any or all content available through the Platform. The User agrees that they are solely responsible for any damage to property (including computer system or mobile device etc. used in connection with the Platform), or the loss of data that results from the misuse of the Platform or the download or use of any harmful material or content.
  • The Platform consists of general healthcare information and is not to be construed as a substitute for any medical advice or diagnoses or treats any health conditions.  The User is advised to consults his/her Doctor. for specific medical advice and treatment.
  • In case Lupin Digital is made aware of any User attempting to hack the data stored on the Platform, Lupin Digital will be entitled to investigate and seek legal remedy against such User.
  • To the maximum extent permitted by applicable law, Lupin Digital will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Lupin Digital disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User content.

• Limitation of Liability and Indemnity
  • Users shall indemnify and hold Lupin Digital and its directors, employees, or officers harmless, from any and all claims, costs, expenses, judgments or losses as a result of any prohibited, unlawful and unauthorized use of the Platform by Users.
  • Lupin Digital will not be liable to any Users for any damages of any kind whatsoever, including but not limited to direct, indirect, incidental, consequential or punitive damages arising from or connected with User’s access, use or inability to use the Platform.

• Confidentiality and Consents

Access and or Use of the Platform by all Users, service providers, shall be governed by Lupin Digital’s Privacy Policy and the Data Privacy Laws and such other applicable laws of India. Lupin Digital shall endeavor to keep all information of the Users, secure and confidential and shall use the same only for the purpose for bettering the performance of the Platform and providing the Services. Lupin Digital shall not be liable to Users, directly or indirectly, for disclosure of any information which is not asked/called upon for the purpose of performing the Services.

In addition to the consent given at the time of availing the subscription and providing to Lupin Digital the information, You, agree, acknowledge and confirm that by clicking on “I Accept”, You, the User has provided your acknowledgement and consent for:

• Lupin Digital to have full and complete access to the Users information and data, always, for providing the Services on this Platform and otherwise availed by the User.
• Granting permission to Lupin Digital to collect, store, use and share Users personal information and medical and health data for providing the Services offered on this Platform and improving/ enhancing the quality of the Services.
• Granting permission to Lupin Digital to use Users data in anonymized form for marketing, case studies etc.
• Granting approval to receiving marketing and or promotional material, updates of new offers of products and services of Lupin Digital. Should the User wish to opt out from receiving such marketing and or promotional material, updates of new offers of products and services of Lupin Digital, the User shall reach out to Lupin Digital’s customer care for opting out from receiving the same.
• For giving his/her testimonials with respect to the Services offered and availed via this Platform and further according to permission for all kinds of publication on various social media platforms.
• Agreeing and accepting to receive and share information pursuant to the Services vide WhatsApp, and in this regard confirm and acknowledge to comply with the terms of the application.

• Handling & Storage of Data and Service Downtime:
  • The Platform operates digitally, thus all data, images generated, received, uploaded, filed, stored is anonymized, and kept confidential and is accessible only to Lupin Digital for providing the Services to the User and or it is effort to improve its AI model and the accuracy of the content that it generates.

• Lupin Digital shall give prior intimation to the Users in the event of periodic maintenance operations during which the Platform may not be accessible.

9.3          Lupin Digital endeavors to ensure that VitaLyfe has an uptime of 95%. However, to achieve the same, the Platform needs to be constantly upgraded, updated, and serviced. Lupin Digital undertakes to communicate all downtime activities that is required, to better its service performance to you.

1. Miscellaneous
2. Governing law- The Agreement shall be governed by Indian Laws and any dispute shall be subject to the exclusive jurisdiction of the Courts in Mumbai, India only.
3. Waiver- Failure by Lupin Digital to exercise any right/ remedy available under the T&Cs shall not be construed to be waiver of such right or remedy.
4. Force Majeure– Lupin Digital shall endeavor to provide complete Services to its Users, however Lupin Digital shall not be held accountable or liable on account of failure to provide any Service resulting due to a force majeure event; such as an act of God such as fire, floods, acts of terrorism, weather, death, serious injury or other catastrophes, epidemics or quarantine restrictions, pandemics, lockdown imposed by the Government or any other local authority or change in applicable laws or other cause(s) beyond the reasonable control of Lupin Digital , not reasonably foreseeable, not caused by acts or omissions of Lupin Digital, Lupin Digital shall not be held accountable or liable on account of failure to provide any Service due to downtime for maintenance services, upgrades, poor internet connectivity due to power outages etc..
5. Withdrawal of Consent- The User shall have the option to withdraw it consent to these Terms and Conditions, by reaching out to Lupin Digital customer care regarding withdrawal of consent.