Last updated on [April 17, 2023]

This website, "www.familyprohealth.com", and our corresponding mobile application, "famhealthTM" (collectively, "Platform") are owned, operated, and maintained by us, FamilyProhealth Inc., a company incorporated in the United States of America and having its registered office at 1209 Orange Street, City of Wilmington, County of New Castle, DE 19801 (hereinafter referred to as "Company" or "we" or "us" or "our").

The Platform is a subscription-based interface for potential customers to view the products offered by us and monitor health parameters derived from the data collected from the tracking device. We are a health-tech company with a proprietary health tracking ecosystem to enable people across the globe to track the health metrics of their family and loved ones. Currently, we offer a subscription- based Platform where the person subscribing to our Platform (the "Subscriber") can monitor the health of their family and loved ones (such as parents, relatives, etc.) (the "Beneficiary") remotely using the Platform. The Beneficiary whose health metrics are proposed to be monitored by the Subscriber will be nominated by the Subscriber. The Beneficiary will be provided with hardware devices developed by a third-party manufacturer to track various attributes of their health. The Beneficiary will upload their various health attributes (such as blood pressure, blood sugar, weight, pulse rate, etc.) onto the Platform. In-turn, the Subscriber will be able to access these health records related analytics, and other indicators via the Platform. The Subscriber and Beneficiary also have the option to give other family members the ability to monitor the health of the Beneficiary ("Third Party Contact”). Please refer to our Privacy Policy for further details on how we use your personal data.

These Terms of Use ("Terms") govern the relationship between us, the Subscriber and the Beneficiary, and any other person nominated by the Subscriber/ Beneficiary to have access to the health metrics on the Platform. Additionally, these Terms will also govern any individual accessing the Platform to peruse our product and interact with us for further details. For consistency, we have used the terms "you" or “your" to address the aforenamed persons to whom the Terms apply.

Please read these Terms carefully. These Terms along with any policies referred to herein, constitute your binding obligations with us. If you do not agree with any of these terms, you should immediately terminate use of the Platform, not subscribe to our Platform and/or cancel your subscription. The final discretion to extend our Platform to you is at our sole option.

The Subscriber, Beneficiary, individuals nominated by the Beneficiary/ Subscriber to monitor their health via the Platform, visitors to the Platform, and the Company are hereinafter individually referred to as “Party” and collectively referred to as “Parties”.

These Terms shall be available on the Platform. We reserve the right to change or otherwise modify the Terms without prior notice. It is your responsibility to review these Terms periodically to be updated with the current version of the Terms. For any material changes, we may take reasonable steps to notify you of such changes via e-mail, or by using the Platform. Your continued use of the Platform after such changes are made, will signify your acceptance of the revised Terms.

These Terms are an electronic record, published in accordance with applicable law and does not require physical or digital signatures.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Terms of Registration

1. Eligibility. To subscribe to our Platform, you must be at least 18 years old. While the Beneficiary may be below eighteen years of age, the Subscriber shall have to be at the minimum 18 years old to make payments for subscribing to our Platform.

2. Minor Beneficiary. For Beneficiaries aged below eighteen years of age ("Minor Beneficiary"), the Subscriber should be the parent or legal guardian of the Minor Beneficiary or have the consent of the parent or legal guardian of the Minor Beneficiary. Subscribers associated with Minor Beneficiaries are responsible for such Beneficiary's actions while using the Platform. The Subscriber shall consent and accept the Terms and Privacy Policy on behalf of the Minor Beneficiary.

3. Registration of Subscriber and Beneficiary. At the time of processing your subscription request / onboarding, we may request certain details from you, such as your name, contact details, financial information (such as payment credentials), age, address, etc. We may also request you to agree to receive alerts via email and text messages. You consent to receive SMS messages and telephone calls from us at the provided number for service updates, inquiries, and marketing information. By providing your number, you confirm it's your contact number and that you're authorized to receive such messages. You agree to inform us promptly if you stop using this number. Standard message and data rates may apply, and we may modify or terminate SMS services without notice. You are responsible for providing true, accurate and complete information and updating it by informing us, whenever needed. The terms of collection, processing, storage, period of retention, disclosures to third parties pertaining to the personal data provided by you are detailed in our Privacy Policy; you are expected to review this policy prior to signing up for our Platform. 

4. Account. The Subscriber will be able to register and subscribe to our Platform using their email address and creating a password to protect the account (“Account”). Upon creation of the Account and adding the Beneficiary’s details to the Platform, the Beneficiary will be able to access the Platform. A Third-Party Contact may also be provided access to the Platform by the Subscriber or Beneficiary. Access to the Platform will be password enabled. The Subscriber and/ or Beneficiary and/ or Third Party Contact are expected to create a “strong” password in-line with our requirements specified at the time of registration. We expect you to be cognizant of the sensitive nature of information accessible via the Platform and be responsible for safeguarding and recording the credentials of your Account and not disclose it to any third party.

5. Unauthorized Access. We will not be responsible for any unauthorized access to the Account unless such access can be attributed to any negligence in our operations or deficiency in our security systems. You shall inform us of any unauthorized access to your Account or any other breach of security that you become aware of. Your prompt notification will enable us to address any compromise of our information security and take timely mitigation measures.

6. Additional information. Based on our review of the subscription request, we may request for additional details pertaining to the Subscriber and/or the Beneficiary and/ or any third party. This additional information will enable us to customize your experience of the Platform, address your specific needs and enhance the Platform. If you "opt-out" of providing such additional information, you accept that it may impact your use of the Platform. In such a scenario, we shall not be responsible for the limited functionality of the Platform.

7. No free upgrades. You understand and accept that you will not be entitled to an automatic upgrade of your subscription plan to access any new features or facilities added to our services. Access to any new and added features may be subject to additional charges or subscription to a separate plan which is inclusive of such features.

8. Company's discretion. The grant of a subscription to the Platform is at the Company's sole discretion. We have a comprehensive mechanism to verify the details of the Subscriber, Beneficiary, Third Party Contact and payment credentials of the Subscriber. If the details provided and/or payment credentials linked to the payment of the subscription fee for the services do not meet our eligibility criteria or where required by applicable laws, we may reject such subscription request.

Disclaimers

9. Intent of Services. The Platform is for informational purposes and the information provided on the Platform should not be used to ascertain or deduce any medical diagnosis for treatment, cure, mitigation, or prevention of any medical condition.

10. No Medical Advice. You understand and agree that any assessments or patterns derived by us based on the information collected from the health tracking device do not constitute medical advice or substitute medical advice. We do not provide medical advice or consultation in the capacity of a health care services provider. Our role is limited to collating, extracting, and reproducing data derived from the health tracking devices allocated to the Beneficiary.

11. Medical Emergencies. In case of a medical emergency, noticing a medical anomaly or a medical condition, you should consult a licensed health care provider and not rely on any information provided by us via the Platform. Do not start, alter, stop or otherwise substitute taking any medication or medical treatment based on the information provided on the Platform, unless advised by a medical practitioner, and/or delay seeking any medical advice. You assume sole responsibility for your decisions and actions in relation to your health and understand that we shall not be liable for any decision taken by you by relying on the information provided on the Platform.

12. Use of Health Tracking Device. The health tracking devices allotted to the Beneficiary to track their health metrics are not manufactured by us. We procure and distribute the health tracking device and only facilitate its use and repair, we do not provide any guarantees or warranties with regards to the functionality, efficiency, or performance of the device. Your use of the health tracking device shall be subject to separate terms of use.

13. Thresholds. The mobile application is provided with (default) pre-set thresholds for health metrics defined based on global health standards and market practices. You may be granted the liberty to modify these thresholds based on your individual requirements. We do not affirm to the veracity of these thresholds, and they should not be considered as a health determinant. While these thresholds may be defined in accordance with principles accepted by credible sources in the medical community, please consider customizing them as per your individual requirements and in consultation with a registered medical health professional.

14. No Warranties. The information provided on the Platform will be on an as-is basis. We do not warrant that the information will be accurate, complete, and 'real time'. We shall not be liable for any claims regarding the quality, validity, applicability, and/or the legitimacy of the information on the Platform, including any deficiency thereof.

15. Content. The content on the Platform is owned exclusively by the Company. You are entitled to view and access the content during your relationship with us, for personal and non-commercial use only. You are not permitted to use any external tools to extract the content from the Platform for any purpose.

16. Technology. We exclusively own all rights and interests in respect of all intellectual property rights in or to our name, logos, products, services, systems, and any derivative works of or improvements, enhancements, modifications, or updates thereto. Save and except as provided herein, you shall not use our intellectual property for any purpose, without our prior consent. If during your subscription and/or period of access you attempt to replicate, reverse engineer, alter, extract, disseminate, or otherwise attempt to deconstruct the underlaying technology supporting the operation of the Platform, you will be deemed to be in violation of these terms, and thereby be subject to legal action taken by us, under applicable laws.

17. Prohibited Uses. Any unacceptable or unauthorized use of the Platform may result in civil and/or criminal prosecution against you. The Platform can only be used for the limited purposes specified under these Terms and for lawful use. You should not use the Platform to engage in or facilitate any activity that is illegal, deceptive, fraudulent, harmful or a violation of others’ rights, including:

a. Violation of laws. Violate any applicable laws, regulations, rules, government orders, directions, guidance, and/or any other statutory notifications that may have the force of law. This includes laws (without limitation) relating to privacy, discrimination and harassment, medical negligence, financial disclosure, intellectual property and proprietary information, defamation, and criminal laws.

b. Reverse Engineering. Reverse engineering, copying, disassembling, alteration, deconstructing, reverse reassemble, or decompiling the technology, software, and algorithms used for the operation of the Platform.

c. Falsification of Identity or Origin. Providing information that belongs to another person without their consent, modify or delete information provided by the Beneficiary under the Account you are entitled to access, or provide information which you are not entitled to share with a third party.

d. Intellectual Property Infringement. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you.

e. Unauthorized downloads. Download, reproduce, aggregate, scrap, mine, automate, compile, track, analyze, remove, alter, obscure, or extract any software, files, data, images, logos or proprietary information that is accessible solely due to your right to access the Platform. Download or storing offline of any material from or pertaining the Platform shall only be undertaken using the express functionality provided on the Platform in this regard. Simultaneously, you should not download any information that you have gained access to without requisite authority.

f. Revenue Generation. Any use of the Platform for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended, including distribution, sharing, transfer, sale, leasing, or renting any portion of the Platform to any person.

g. Cyber threats. Download, introduce, spread, store, or propagate malwares, viruses, malicious codes, bugs, or in any other way compromises the Platform and/or the device, probes critical networks, causes data leaks or corruption of data, attack the servers associated with the Platform and/or the device, suspicious activities impacting our cloud infrastructure and/or the third party manufacturer of the health tracking device, transmit suspicious files to us or our service provider, and/or limit the functionality of any computer resource of the Company and/or its service providers. While the above activities may not cover all forms of acts that are not acceptable, it serves as an indication for the nature of activities that are prohibited. You should evaluate a proposed activity against this section to ascertain whether it shall qualify to be acceptable as per these Terms and abstain from any such activity.

Term and Termination

18. Term. Your subscription / ability to use the Platform shall be valid for the period of the subscription plan selected by the Subscriber. You understand that we reserve the right to change or otherwise modify the Terms without prior notice regarding the validity of these Terms. You hereby agree and acknowledge that it is your responsibility to review these Terms periodically. If the Subscriber wishes to extend the term of their subscription, the Subscriber may prior to the expiration of the subscription plan avail a renewal of the subscription via the Platform.

19. Voluntary Termination If you opt to terminate your subscription at any time, your subscription shall continue for the duration for which you have paid for the use of our Platform and not automatically renew thereafter.

20. Termination for Breach. We reserve the right to suspend, deactivate or terminate your subscription if we reasonably deduce that any individual associated with your Account has violated these Terms. We reserve the right to intimate law enforcement authorities and/or any statutory bodies in the event of any suspicion of any unlawful activity committed or attempted by any individual associated with your Account which relates to any portion of the Platform. We will not be liable to you or any third-party for the termination of your subscription and/or access to the Platform under these circumstances. We also have the right to suspend, deactivate or terminate your subscription if we are required to do so under applicable law. When your subscription is suspended, deactivated, or terminated for the reasons noted above, your right to use the Platform immediately ceases. We may immediately deactivate or delete your Account and all related information in your Account and/or bar any further access to information the Platform. In such circumstances, we shall not be liable to refund any subscription fees paid by the Subscriber prior to the suspension, deactivation, or termination of our services.

21. Platform discontinuation. We reserve the right to discontinue the Platform, or any offering provided on the Platform at any time. We will endeavor to provide you with reasonable advance notice of such discontinuation as soon as possible and refund the entire unutilized subscription fees to you. We shall not be obligated to provide you with any substitute for the discontinued Platform.

22. Refund for device. The one-time fee charged for allocation of the health tracking device is non- refundable.

Liability

23. Limitation of Liability. Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Platform paid in the 6 (six) months prior to the date of the initial claim made against us, or (2) US$100.00.

24. Indemnity. You assume full responsibility and risk of loss resulting from your use of information accessed through or obtained via the Platform. You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Platform.

25. Governing Law and Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of State of Delaware, USA and the competent courts in State of Delaware, USA shall have exclusive jurisdiction in respect of any matter.

Miscellaneous

26. Third Party Links. We may provide links to other platforms, which are not under control of the Company. Any access to third party content or re-routing to third party platforms via the Platform is for research and marketing purposes. We shall not be responsible in any way for the content and services provided by the third party platforms accessed through our Platform. Any inclusion of such links shall not imply / interpreted as an endorsement of the owner / sponsor of such platform or the content of the external platform. We disclaim all warranties, express or implied as to accuracy, validity, and legality or otherwise of any materials or information contained on such external platforms.

27. No Waiver. Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.

28. Relationship between the Parties. Nothing contained under these Terms shall be construed to: (i) constitute the parties as principal and agent, partners, joint ventures, employer and employee, co-owners, or otherwise as participants in a joint undertaking; or (ii) allow either party to create or assume any obligation on behalf of the other party, for any purpose whatsoever, except with prior consent of the concerned party. Each of the rights of the parties hereto under these Terms are independent, cumulative and without prejudice to all other rights available to them, and the exercise or non-exercise of any such rights shall not prejudice or constitute a waiver of any other right of the party, whether under these Terms or otherwise.

29. Entire Agreement. Except as otherwise agreed, these Terms, along with the Privacy Policy, constitute the entire agreement of the parties as to its subject matter and supersedes any previous understanding or agreement on such subject matter.

30. Severability. In the event any provision, clause, sentence, phrase or word hereof, or the application thereof in any circumstances, is held by any court or other competent authority to be invalid or unenforceable, or is unenforceable or prohibited by applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of the Terms hereof; or of the application of any such provision, sentence, clause, phrase or word in any other circumstances.