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Souloxy Terms and Conditions

Dhinetra Health Technologies Private Limited, on its own behalf and on behalf of its affiliates and group companies operating under the brand "Souloxy" ("Souloxy"), is the author and publisher of the internet resource located at www.souloxy.com, and any associated software, applications, and platforms available on the World Wide Web. This includes, but is not limited to, the mobile application(s), mobile website, other ancillary applications, products, websites, and the Souloxy Platform managed and operated by Souloxy (collectively referred to, along with the Website, as the "Souloxy Platform"). 1. NATURE AND APPLICABILITY OF TERMS 1.1. Please take a moment to review these Terms of Use ("Terms") and the Privacy Policy, available at https://souloxy.com/privacy-policy ("Privacy Policy"), before accessing the Website or using the services provided through the Souloxy Platform. These Terms and the Privacy Policy together form a binding legal agreement ("Agreement") between you and Souloxy, governing your use of the Website and the Souloxy Platform. 1.2. This Agreement applies to you based on your role, whether you are: 1.2.1. A Mental Health Care Professional or another healthcare provider (e.g., psychologist, practitioner, life coach, etc.), either as an individual or part of an organization, seeking to be listed or already listed on the Website, including any authorized associates ("Practitioner(s)", "you", or "User"); 1.2.2. A Consumer/Client, their representatives, or affiliates, seeking Practitioners through the Website ("End-User", "you", or "User"); or 1.2.3. A general user of the Website ("you" or "User"). 1.3. The Agreement covers the services provided by Souloxy on the Website, which may be offered for free or for a fee. These services include: 1.3.1. For Practitioners: Listing their profiles and contact details for visibility to other Users on the Website. 1.3.2. For other Users: The ability to (i) create and maintain accounts, (ii) search for Practitioners based on name, specialty, location, or other criteria, (iii) book sessions with Practitioners, and (iv) access tools and resources available on the Platform. 1.4. The Souloxy Platform may evolve over time at Souloxy's discretion. This Agreement will apply to your continued use of the Website and services, and to all information you provide while using the Platform. 1.5. These Terms govern how you use the Souloxy Platform and how we handle your account while you're registered with us. If you have any questions, feel free to contact us at help@souloxy.com. 1.6. By downloading or accessing the Website, you agree to these Terms, as well as the Privacy Policy and any other relevant policies. This Agreement overrides any prior terms communicated to you, whether in writing or orally. Your use of the Website and services indicates your acceptance of these terms. 1.7. Souloxy reserves the right to modify or terminate any part of this Agreement at any time. If we make changes, we'll inform you in writing. Please review the Agreement regularly. Continued use of the Website after changes indicates your acceptance of the updated terms. 1.8. By using the Website or services, you acknowledge that you are bound by this Agreement. If you disagree with any part of it, please refrain from using the Website or services. 1.9. Your access to the Website and services is at the sole discretion of Souloxy. 1.10. This Agreement is governed by Indian law, including but not limited to: 1.10.1. The Indian Contract Act, 1872; 1.10.2. The Indian Information Technology Act, 2000; and 1.10.3. Relevant rules and regulations under these laws, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules") and the Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"). 2. CONDITIONS OF USE 2.1. You must be at least 18 years of age to register, use the Souloxy Platform, or visit or interact with the Website in any capacity. By registering, visiting, or using the Website, or by accepting this Agreement, you represent and warrant to Souloxy that you are 18 years of age or older, and that you have the legal right, authority, and capacity to use the Website and the Souloxy Platform as offered through the Website, and that you agree to comply with and be bound by this Agreement. 2.2. In the event that you use the Souloxy Platform on behalf of another person (such as a child, minor, ward, or employee) or on behalf of an entity (such as an employer or organization), you represent and warrant that you are duly authorized by such individual or entity to (i) accept this Agreement and Privacy Policy on their behalf, and (ii) provide consent, on behalf of such individual or entity, for the collection, use, and disclosure of their information in accordance with the terms set out in the Privacy Policy. 2.3. Corporate User: Souloxy may offer certain features and tools designed to enable specific Users (e.g., corporate organizations, businesses, schools, offices, factories, etc.) to engage with their employees and other Users through the Souloxy Platform. These tools may include the provision of personalized content, workshops, therapies, science-based assistance programs, and metrics to assess the mental health of the organization ("Corporate User"). If you are a Corporate User, you are required to complete the registration process for Business Users as prescribed by Souloxy from time to time. Furthermore, if you are a Corporate User registering an account on behalf of an employee, you represent and warrant that you have obtained the explicit consent of the employee to register them on the Souloxy Platform. You also agree to be bound by the terms of this Agreement on behalf of such employees. 3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS 3.1. The terms outlined in this Clause 3 apply exclusively to Users other than Practitioners. 3.2. End-User Account and Data Privacy 3.2.1. The terms “Personal Information” and “Sensitive Personal Data or Information” are defined under the applicable privacy laws and regulations and are reproduced in the Privacy Policy. 3.2.2. Souloxy may, through the Souloxy Platform, collect information regarding the devices through which you access the Website and any anonymous usage data. This collected information will be utilized solely for improving the quality of the Souloxy Platform and for developing new features and services. 3.2.3. The Website allows Souloxy to access registered Users' email addresses or phone numbers for the purpose of communication, which is intended to facilitate better booking of sessions and to obtain feedback regarding Practitioners and their services. 3.2.4. The Privacy Policy sets out, among other things: (a) The type of information collected from Users, including sensitive personal data or information; (b) The purposes, means, and modes of using such information; (c) How and to whom Souloxy may disclose such information; and (d) Other information as mandated by applicable laws and regulations. 3.2.5. The User is expected to read and understand the Privacy Policy to ensure that the User is aware of, among other things: (a) The fact that certain information is being collected; (b) The purposes for which the information is being collected; (c) The intended recipients of the information; (d) The nature of collection and retention of the information; (e) The name and address of the agency collecting and retaining such information; and (f) The various rights available to the User with respect to such information. 3.2.6. Souloxy shall not be responsible for the authenticity of the personal information or sensitive personal data provided by the User to Souloxy or any other party acting on behalf of Souloxy. 3.2.7. The User is responsible for maintaining the confidentiality of their account access information and password if the User is registered on the Souloxy Platform. The User shall be liable for all activities conducted under their account, whether authorized or unauthorized. The User agrees to immediately notify Souloxy of any actual or suspected unauthorized use of their account or password. While Souloxy will not be liable for any losses caused by unauthorized use of the User’s account, the User may be held liable for any losses incurred by Souloxy or any other third parties as a result of such unauthorized use. 3.2.8. If a User provides any information that is untrue, inaccurate, outdated, or incomplete (or becomes untrue, inaccurate, outdated, or incomplete), or if Souloxy has reasonable grounds to believe that such information is untrue, inaccurate, outdated, or incomplete, Souloxy reserves the right to discontinue or restrict the User’s access to the Souloxy Platform at its sole discretion. 3.2.9. Souloxy may use information collected from Users from time to time for the purpose of debugging or addressing customer support issues. 3.2.10. Integrated Services: Souloxy may permit Users to register for the Souloxy Platform through, or otherwise associate their Souloxy account with, third-party social networking or integrated services (such as Facebook, Google, etc.) (“Integrated Service”). By registering for the Souloxy Platform using an Integrated Service, or by otherwise granting access to an Integrated Service, the User consents to Souloxy accessing their account information from the Integrated Service. The User acknowledges that any Integrated Service is a "Reference Site" and agrees that they are solely responsible for their interactions with the Integrated Service. Souloxy does not control the practices of Integrated Services and advises Users to read the privacy policies and terms of use of any Integrated Service to understand their practices. 3.3. Relevance Algorithm Souloxy employs an automated relevance algorithm for listing Practitioners, which determines the order and visibility of Practitioners' profiles and information on the Website. These listings do not constitute an objective ranking or endorsement by Souloxy. Souloxy will not be held liable for any changes to the relevance or ranking of Practitioners in search results, which may fluctuate from time to time based on various factors, including User input such as comments and feedback. These factors may change periodically to enhance the algorithm. Souloxy disclaims responsibility for the accuracy and relevance of Practitioners’ listings on the Website. 3.4. Listing Content and Disseminating Information 3.4.1. Souloxy collects and displays relevant information regarding the profiles and practices of Practitioners listed on the Website, including their specialization, qualifications, fees, location, visiting hours, and other similar details. While Souloxy makes reasonable efforts to ensure that such information is up-to-date, it cannot be held liable for any inaccuracies or incompleteness in the information displayed. 3.4.2. The Souloxy Platform is provided on an "as is" and “as available” basis, without any warranties or conditions, express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, or non-infringement. Souloxy makes no representations or guarantees regarding the Website or the Souloxy Platform. Souloxy disclaims all liability to the fullest extent permitted by law for any loss or damage arising from the User’s use of or reliance upon the Website, services, content, or information provided by Users. 3.4.3. The Website may include links to third-party websites, affiliates, or business partners. Souloxy has no control over, and assumes no responsibility for, the content, accuracy, validity, reliability, or quality of such websites. Inclusion of any such link does not imply endorsement by Souloxy. Users access such third-party websites at their own risk. 3.4.4. Souloxy assumes no responsibility, and shall not be liable for, any damage or viruses that may infect the User’s equipment due to access to, use of, or browsing of the Website, or the downloading of any material from the Website. In case the User is dissatisfied with the Souloxy Platform, the User's sole remedy is to discontinue use of the Souloxy Platform. 3.4.5. In the event Souloxy determines that the User has provided fraudulent, inaccurate, or incomplete information, including through feedback, Souloxy reserves the right to immediately suspend the User’s access to the Souloxy Platform and may publicly disclose such action for the protection of its business interests and the interests of Users. The User agrees to indemnify Souloxy for any losses arising out of fraudulent or misrepresentative actions that adversely affect Souloxy or other Users. 3.5. Booking a Consultation 3.5.1. Souloxy enables Users to connect with Practitioners through various methods, including (a) the “Book Now” facility to book consultations; (b) scheduling consultations via phone, SMS, or WhatsApp; and (c) tele-consultation services (chat, audio, and video) connecting Users directly to Practitioners through the Souloxy Platform. 3.5.2. In instances where a User has scheduled a consultation via phone, SMS, or WhatsApp, or availed tele-consultation services, Souloxy reserves the right to share the User’s information with the Practitioner and store such information and tele-consultation data in accordance with the Privacy Policy. 3.5.3. Notwithstanding the above, Souloxy acts solely as a facilitator and is not involved in providing healthcare or medical advice or diagnosis. Accordingly, Souloxy shall not be held responsible for: (a) Any issues arising from interactions between the User and Practitioners; (b) The performance or failure of Practitioners in fulfilling their obligations to Users; (c) Any incorrect medication, treatment quality, or negligence (medical or otherwise) on the part of Practitioners; (d) Inappropriate treatment or related inconveniences due to a Practitioner’s failure to provide agreed services; (e) Misconduct or inappropriate behavior by Practitioners or their staff; (f) Cancellations, no-shows, or rescheduling by Practitioners, subject to the terms of the Souloxy Guarantee Program. 3.5.4. All cancellations, no-shows, and rescheduling, whether by Users or Practitioners, shall be handled in accordance with Souloxy’s rescheduling, refund, and cancellation policy. 3.6. Rescheduling, Refund & Cancellation Policy 3.6.1. A minimum of 24 hours' notice is required to reschedule or cancel an appointment. If such notice is not provided, the following fees will apply: (a) Cancellations within 24 hours of the appointment: 100% of the session fee. (b) No-shows: 100% of the session fee. (c) Users may avoid cancellation or no-show fees if the session is rescheduled within the same week, subject to Practitioner availability. 3.6.2. In the event of cancellation by the Practitioner, or if the Practitioner fails to meet the User for a paid session, the User must contact Souloxy at help@souloxy.com within five (5) days. In such cases, the User will receive a 100% refund within six (6) business days, or the Practitioner may agree to reschedule the session. 3.6.3. To cancel or reschedule a session, the User may log into the Souloxy Platform or contact Souloxy via email at help@souloxy.com. Any communications made outside of business hours (10 am to 6 pm) will be considered received on the next business day. 3.6.4. Users are not entitled to a refund if the Practitioner is delayed but still meets the User at a later time. Waiting does not entitle the User to a refund or change of fees. 3.7. No Doctor-Patient Relationship; Not for Emergency Use 3.7.1. The content, data, and materials on the Website may be provided by mental health professionals. However, such content does not create a licensed medical professional-patient relationship and should not be construed as medical advice or treatment. It is solely intended to help Users locate appropriate mental health services. 3.7.2. The Information provided by Souloxy is for informational purposes only and should not be relied upon as professional medical advice. Souloxy disclaims all warranties and liability related to any decisions Users make based on such information. 3.7.3. The Souloxy Platform is not intended for medical emergencies or urgent health situations. If you experience a medical or mental health emergency, you should immediately contact emergency services or go to the nearest hospital or clinic. 3.8. Reviews and Feedback 3.8.1. By using the Website, you agree that any information shared by you with Souloxy or Practitioners will be subject to our Privacy Policy. 3.8.2. You are solely responsible for the content you submit for publication, including feedback, ratings, or reviews (“Critical Content”). Souloxy’s role with respect to such content is limited to that of an ‘intermediary’ under applicable laws. Souloxy is not liable for the content of Critical Content and has no obligation to pay for its publication on any platform. 3.8.3. Your publication of reviews and feedback is governed by Clause 8 of these Terms. You agree not to post content that infringes any third-party rights, violates applicable laws, or breaches the terms of the platform. Souloxy may, at its discretion, remove content or contact you for additional feedback. 4. TERMS OF USE APPLICABLE TO PRACTITIONERS 4.1. Listing Policy 4.1.1. Souloxy, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. Souloxy reserves the right, at its sole discretion, to remove any Practitioner’s profile or to display it on the Souloxy Platform, with or without notice to the concerned Practitioner. The information is collected for the purpose of facilitating interaction with End-Users and other Users. In the event any information displayed on the Website in connection with your profile is found to be inaccurate, you are required to inform Souloxy promptly to enable the necessary corrections. 4.1.2. Souloxy shall not be held liable or responsible for the ranking of Practitioners on external websites or search engines. 4.1.3. Souloxy shall not be liable in any manner to the Users for any losses, damages, injuries, or expenses incurred as a result of disclosures or publications made by Souloxy, where the User has expressly or implicitly consented to such disclosures or publications. In the event the User has revoked consent in accordance with the Privacy Policy, Souloxy shall not be responsible for any losses, damages, injuries, or expenses incurred prior to the actual receipt of such revocation. 4.1.4. Souloxy reserves the right to moderate and review feedback provided by Practitioners and to remove any content deemed abusive, inappropriate, or promotional. However, Souloxy shall not be held liable for any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners listed on the Website. 4.1.5. Practitioners explicitly agree that Souloxy reserves the right to publish any content provided by Practitioners to third parties, including content platforms. 4.1.6. As a Practitioner, you represent and warrant that you will use the Souloxy Platform in compliance with all applicable laws. Any violation of applicable laws resulting from your use of the Souloxy Platform shall be your sole responsibility, and Souloxy shall not be held liable for the same. 4.2. Profile Ownership and Editing Rights 4.2.1. Souloxy provides a tool for Practitioners to easily update their profile information. While Souloxy reserves ownership of all Practitioner profiles and photographs, and retains the right to moderate any changes or updates requested, Souloxy makes the final determination whether to publish or reject these changes. You represent and warrant that you are fully entitled to upload all content to your profile and that such content does not infringe upon the rights of third parties, including intellectual property rights. In the event Souloxy becomes aware of a breach of this representation, it reserves the right to modify or delete parts of your profile, with or without notice to you. 4.3. Reviews and Feedback Display Rights of Souloxy 4.3.1. All content, including feedback and reviews ("Critical Content"), submitted by Users of the Website, including End-Users, remains the responsibility of those Users. As a platform, Souloxy acts solely as an "intermediary" under the Information Technology Act, 2000, with respect to such Critical Content. For further details regarding Souloxy's legal obligations and rights relating to Critical Content, refer to Clauses 3.8 and 8 of these Terms. 4.3.2. Souloxy reserves the right to collect feedback and Critical Content from Users about all Practitioners listed on the Website. 4.3.3. Souloxy shall not be obligated to pre-screen, review, flag, filter, modify, refuse, or remove any Critical Content, except as required by applicable law. 4.3.4. You acknowledge that, by using the Souloxy Platform, you may be exposed to Critical Content or other content that you may find offensive or objectionable. Souloxy shall not be liable for any impact on the Practitioner’s business resulting from Critical Content of a negative nature. In these cases, you may use the Souloxy Platform at your own risk. However, as an "intermediary", Souloxy will comply with applicable law regarding the publication of Critical Content, and further legal rights and obligations are detailed in Clauses 3.8 and 8 of these Terms. 4.3.5. Souloxy will remove content in accordance with applicable laws and shall not be held responsible for any Critical Content created by Users. The principles governing third-party content in the Terms of Service of the Website apply equally to Critical Content posted on the Website. 4.3.6. If Souloxy determines that you have provided inaccurate information or facilitated fraudulent feedback, it reserves the right to immediately suspend your account(s) and may publish such action on the Website, including alongside your name or your clinic’s name, for the protection of its business and in the interest of other Users. 4.4. Relevance Algorithm Souloxy has designed the relevance algorithm to prioritize the best interests of the End-Users and may modify the algorithm from time to time to improve the quality of results provided to Users. This is a merit-based, proprietary algorithm which cannot be altered for specific Practitioners. Souloxy shall not be liable for any impact on the business interests of Practitioners resulting from changes to the relevance algorithm. 4.5. Practitioner Undertaking 4.5.1. The Practitioner is duly registered, licensed, and qualified to provide mental health and wellness services in accordance with applicable laws, regulations, and guidelines issued by competent authorities. The Practitioner shall ensure compliance with all applicable laws governing the provision of mental health services in India, and shall take utmost care in delivering services to Users. 4.5.2. The Practitioner possesses the appropriate and current level of training, expertise, and experience required to provide mental healthcare services with due skill, care, and diligence. 4.5.3. The Practitioner shall maintain high standards of professionalism, service, and courtesy when engaging with Users. 4.5.4. The Practitioner acknowledges that they are fully liable for any violation of local laws and regulations arising from the provision of mental healthcare services. 4.6. Usage in Promotional & Marketing Materials 4.6.1. In recognition of the services provided by Souloxy to Practitioners, the Practitioner agrees, subject to reasonable review and approval, to allow Souloxy to: (a) Include a brief description of the services offered by the Practitioner in Souloxy’s marketing, promotional, and advertising materials; (b) Reference the Practitioner in case studies and related marketing materials; (c) Use the Practitioner’s name or logo in product literature, e-mailers, press releases, social media, and other marketing and promotional materials; (d) Provide video logs, testimonials, emailers, banners, interviews with the media, and quotes for press releases; (e) Make presentations at conferences; and/or (f) Use the Practitioner’s name, logo, brand images, taglines, etc., in advertising, promotional, and marketing materials. Here’s a rewritten version of the section you provided, maintaining a formal and legal tone: 5. SOULOXY FEED 5.1. Scope and Applicability These Terms of Use govern the use of Souloxy Self-Care Tools, Mental Health Gym, 'Vent Out' Wall, Blog, and other online resources (collectively referred to as "Souloxy Feed"). These terms apply to both End-Users and Practitioners. 5.2. Platform Overview Souloxy Feed is an online content platform available on the Website, where Practitioners with active Souloxy profiles may log in and post health and wellness-related content. 5.3. Content Uploading by Practitioners Practitioners can access the Souloxy Feed by logging in to their accounts and creating original content, which may include text, audio, video, images, data, or a combination thereof ("Content"). Upon uploading, Souloxy will have the discretion to publish such Content on Souloxy Feed, subject to these Terms of Use. Content uploaded via Souloxy Feed is not intended as medical advice and should not be construed as such by any individual. 5.4. Intellectual Property and Content Ownership Practitioners acknowledge and represent that they are the original authors and creators of any Content they upload via Souloxy Feed. They further affirm that such Content does not infringe on the intellectual property rights of any third party. Souloxy reserves the right to remove any Content deemed by Souloxy to violate intellectual property rights, including but not limited to patents, trademarks, copyrights, or other proprietary rights. The Practitioner agrees to indemnify and hold Souloxy harmless from any claims, including third-party intellectual property claims, arising from the Practitioner’s uploaded Content. 5.5. Assignment of Rights The Practitioner hereby assigns to Souloxy all intellectual property rights in any Content created and uploaded by the Practitioner via Souloxy Feed, for the duration of the content’s existence, on a worldwide and perpetual basis. 5.6. Content Moderation Souloxy reserves the right to edit, modify, or remove any Content or comments posted on the Souloxy Feed at its discretion, as it deems necessary to maintain the platform's integrity and compliance with applicable laws and standards. 5.7. Prohibited Content The Practitioner shall ensure that any Content posted, including responses to Users, does not contain material that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, or invasive of privacy. The Content must not include hate speech, racially or ethnically objectionable material, disparaging remarks, or any content that is unlawful in any manner. Souloxy reserves the right to remove any Content that violates these Terms of Use or any applicable laws. The Practitioner agrees to indemnify Souloxy from any claims arising from legal action related to the nature of the Content posted by the Practitioner. 5.8. Legal Compliance The Practitioner shall ensure that no Content uploaded violates any applicable law in force at the time of posting. 5.9. National Security and Public Order Compliance The Practitioner shall ensure that the Content does not threaten the unity, integrity, defense, security, or sovereignty of India, nor does it negatively affect friendly relations with foreign states or public order. The Content must not incite any cognizable offense or prevent the investigation of an offense, nor should it insult any nation. 5.10. User Interaction with Souloxy Feed Users may also utilize Souloxy Feed to view original content posted by Practitioners and create comments on such Content (where permitted). Users may use the Souloxy Feed to vent their thoughts and feelings, either anonymously or otherwise, communicate with other Users, or engage in discussions with Practitioners ("User Content"). 5.11. User Content Disclaimer The User acknowledges that User Content reflects the views and opinions of the authors of such Content and does not necessarily represent the views of Souloxy. 5.12. No Medical Advice The User agrees that the Content viewed on Souloxy Feed does not constitute medical advice. Any actions or omissions by the User resulting from interpreting or relying on the Content are the sole responsibility of the User. The User agrees to indemnify Souloxy from any claims arising from the User’s actions or reliance on Content posted on the Souloxy Feed. 5.13. Intellectual Property Rights in User Content The User acknowledges that all intellectual property rights in the User Content posted on Souloxy Feed vest with Souloxy. The User agrees not to infringe upon Souloxy's intellectual property by copying, reproducing, or plagiarizing any Content. Souloxy reserves the right to take necessary legal actions in case of such infringement. Additionally, User Content remains the sole intellectual property of Souloxy. The User agrees not to post any Content that infringes upon third-party intellectual property rights, including but not limited to patents, trademarks, copyrights, or other proprietary rights. Souloxy reserves the right to remove any User Content deemed to violate third-party intellectual property rights. 5.14. Prohibited User Content The User shall ensure that any User Content is not harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, or invasive of any individual’s privacy. Additionally, User Content must not contain material that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful. Souloxy reserves the right to remove any User Content that violates these Terms of Use or applicable laws. The User agrees to indemnify Souloxy from any legal claims arising from the nature of the User Content. 5.15. National Security and Public Order Compliance for User Content The User shall ensure that the User Content does not threaten the unity, integrity, defense, security, or sovereignty of India, nor does it affect relations with foreign states or public order. Further, the User ensures that the User Content does not incite a cognizable offense, prevent the investigation of an offense, or insult any nation. 5.16. Content Ownership and Copyright Conditions of Access 5.16.1. Ownership of Content The content available on the Website may either be User-generated or owned by Souloxy. Information collected by Souloxy, whether directly or indirectly from End-Users and Practitioners, is the property of Souloxy. Any unauthorized copying or commercial use of Souloxy’s copyrighted content will be considered a violation of copyright laws, and Souloxy reserves all rights to enforce its intellectual property rights. 5.16.2. Authorization to View and Access Content Souloxy grants Users the limited, non-exclusive right to view and access content on the Website solely for the purpose of engaging with the services as outlined in this Agreement. The content on the Website, including text, graphics, images, logos, software code, and any other materials ("Souloxy Content"), are the property of Souloxy and are protected by copyright, trademark, and other intellectual property laws. Users are prohibited from modifying, reproducing, displaying, publicly performing, distributing, or otherwise using Souloxy Content for any public or commercial purpose without prior authorization. 5.16.3. Prohibited Use for Benchmarking or Competitive Purposes Users shall not access the Souloxy Platform for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive analysis. 6. HEALTH RECORDS 6.1. Types of Health Records Souloxy may provide End-Users with access to a feature called "Health Records" on the Souloxy Platform. These Health Records consist of two types of information: 6.1.1. User-Created Records: This includes information uploaded by you or generated during your interactions with the Souloxy Platform and/or Practitioners, such as session details, journal entries, assignments, to-do lists, and other related activities. 6.1.2. Practitioner-Created Records: This includes Health Records generated through your interactions with a Practitioner who uses the Souloxy Platform. 6.2. Terms and Conditions for Health Records The following specific terms apply to Health Records, in addition to the broader Terms of Use and Privacy Policy: 6.2.1. Your Health Records are only created after you have signed up for the Souloxy Platform and explicitly accepted these Terms. 6.2.2. Any Practitioner-created Health Records are provided "as-is" and are solely the responsibility of the Practitioner. Souloxy does not validate or make any representations regarding this information. If you wish to address discrepancies or make changes to these records, you should contact the relevant Practitioner directly. 6.2.3. Health Records are provided on an "as-is" basis. While Souloxy strives to ensure high levels of service availability, we are not liable for any interruptions or issues with your access to the Souloxy Platform. 6.2.4. Reminders provided by the Health Records feature are intended solely as supplementary notifications to help you keep track of activities prescribed by your Practitioner. Souloxy is not liable if reminders are delayed, missed, or incorrectly delivered despite our best efforts. 6.2.5. It is your responsibility to keep your contact details, including your mobile number and email address, updated on the Souloxy Platform. Souloxy is not responsible for any loss or inconvenience caused due to outdated or incorrect contact information. 6.2.6. Souloxy uses industry-standard security and encryption measures to protect your Health Records. However, we do not guarantee that unauthorized access will be prevented if your login credentials are lost or compromised. In the event of unauthorized use or access, you must notify Souloxy immediately. Please ensure the security of your login credentials and report any actual or suspected security breaches to help@souloxy.com. 6.2.7. If you access Health Records on behalf of another individual (such as a child, minor, ward, or employee) or an entity (such as your employer), you are solely responsible for managing the Health Records of those individuals or entities. You agree to obtain prior consent from such individuals or entities for sharing, uploading, or publishing any sensitive personal information. Souloxy is not liable for any claims or disputes arising from the unauthorized use of such information, and you agree to indemnify Souloxy for any resulting claims or liabilities. 6.2.8. If you wish to delete your Health Records, you can contact Souloxy support. However, only your account and any associated records on the Souloxy Platform will be deleted. Health Records stored by your Practitioner will remain in their respective accounts. 6.2.9. If your "User-Created" Records are not synced to the server, they may be lost. 6.2.10. If a Health Record is left unaccessed for a specified period, you may lose access to it due to security reasons. 6.2.11. Souloxy is not liable for any delays or failures in the delivery of Health Records, despite our best efforts. 6.2.12. Souloxy is not responsible or liable for the content, medical conclusions, or language used in your Health Records. Your Practitioner is solely responsible for the accuracy, content, and information contained in your Health Records. 6.2.13. Souloxy reserves the right, at its sole discretion, to retract or remove Health Records if they are found to have been shared incorrectly or inadvertently, without prior notice. 6.2.14. Souloxy will comply with any legal requirements for sharing Health Records if mandated by a constitutional court or jurisdictional authority. 6.2.15. You agree that Souloxy may need to access your Health Records in case of technical or operational issues preventing you from accessing or managing your records. 6.2.16. By creating an account on the Souloxy Platform, you consent to the storage of your Health Records (as defined in clause 6) both within and outside India, in accordance with applicable laws. You further agree that Souloxy may store and map your Health Records to your user account in Souloxy's database. 7. SPECIFIC TERMS Users will be bound by additional Terms of Use and/or rules, including but not limited to incentive plans, subscription plans, fair usage policies, and any other specific conditions that apply to certain products and features. These terms may be posted from time to time (“Specific Terms”). All such Specific Terms are incorporated by reference into the general Terms of Use. 8. RIGHTS AND OBLIGATIONS RELATING TO CONTENT 8.1. As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, Souloxy hereby informs Users that they are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that: 8.1.1. Belongs to another person and to which the User does not have the necessary rights. 8.1.2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner. 8.1.3. Harm minors in any way. 8.1.4. Infringes any patent, trademark, copyright, or other proprietary rights. 8.1.5. Violates any applicable law in force. 8.1.6. Deceives or misleads the recipient about the origin of such messages or communicates any information which is grossly offensive or menacing in nature. 8.1.7. Impersonates another person. 8.1.8. Contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource. 8.1.9. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or insults any other nation. 8.2. Prohibited Actions by Users Users are also prohibited from: 8.2.1. Violating or attempting to violate the integrity or security of the Souloxy Platform, Website, or any Souloxy Content. 8.2.2. Transmitting any disruptive or competitive information (including job posts, messages, and hyperlinks) through the Website that undermines the services provided by Souloxy. 8.2.3. Submitting incomplete, false, or inaccurate information on the Website. 8.2.4. Making unsolicited communications to other Users. 8.2.5. Using any engine, software, tool, agent, or other device (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website. 8.2.6. Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Souloxy Platform. 8.2.7. Copying or duplicating any Souloxy Content or other information available on the Souloxy Platform. 8.2.8. Framing, hotlinking, or deep linking any Souloxy Content. 8.2.9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software. 8.3. Action for Non-Compliance Souloxy, upon obtaining knowledge by itself or being notified in writing (or via an email signed with an electronic signature) by an affected person about any content in violation of the above clauses, shall be entitled to disable such content. Souloxy will also be entitled to preserve such content and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. 8.4. Termination for Non-Compliance In case of non-compliance with any applicable laws, rules, regulations, or the Agreement (including the Privacy Policy) by a User, Souloxy reserves the right to immediately terminate the User’s access or usage rights to the Website and Souloxy Platform, and to remove non-compliant content from the Website. 8.5. Disclosure of User-Generated Information Souloxy may disclose or transfer User-generated information to its affiliates or governmental authorities as required or permitted by applicable law. By using the Platform, you consent to such transfer. The Sensitive Personal Information (SPI) Rules allow Souloxy to transfer sensitive personal data or information to any other entity, either within or outside India, that provides the same level of data protection as required by Souloxy, if such transfer is necessary for the lawful performance of a contract between Souloxy and the User or where the User has consented to such data transfer. 8.6. Intellectual Property Rights Souloxy respects the intellectual property rights of others. We are not responsible for any violations of intellectual property rights, whether by Users or Practitioners on the Souloxy Platform. 9. TERMINATION 9.1. Souloxy reserves the right to suspend or terminate a User’s access to the Website and the Souloxy Platform with or without notice, and to exercise any other remedy available under law, in cases where: 9.1.1. The User breaches any Terms of Use or Agreement; 9.1.2. A third party reports a violation of its rights resulting from the User’s use of the Souloxy Platform; 9.1.3. Souloxy is unable to verify or authenticate any information provided to Souloxy by the User; 9.1.4. Souloxy has reasonable grounds to suspect any illegal, fraudulent, or abusive activity on the part of the User; 9.1.5. Souloxy, at its sole discretion, believes that the User’s actions may cause legal liability for the User, other Users, or for Souloxy, or are otherwise contrary to the interests of the Website. 9.2. Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same or a different account, nor may they re-register under a new account. Upon termination of the account for any of the reasons outlined herein, the User will no longer have access to data, messages, files, or any other materials stored on the Website. The User is responsible for maintaining a backup of any Health Records on the Souloxy Platform. 10. LIMITATION OF LIABILITY 10.1. In no event, including but not limited to negligence, shall Souloxy or any of its directors, officers, employees, agents, or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, and functions related thereto, the Souloxy Platform, the User’s provision of information via the Website, lost business, or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. The Protected Entities shall not be liable for: 10.1.1. The provision of or failure to provide any service by Practitioners to End Users contacted or managed through the Website; 10.1.2. Any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website; 10.1.3. Any unauthorized access to or alteration of your transmissions or data; 10.1.4. Any other matter relating to the Website or the Service. 10.2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract, tort, including negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Souloxy Platform exceed, in the aggregate, Rs. 1000/- (Rupees One Thousand Only). 11. RETENTION AND REMOVAL Souloxy may retain information collected from Users through the Website or the Souloxy Platform for as long as necessary, depending on the type of information, the purpose, means, and modes of usage of such information, and in accordance with the SPI Rules. Computer web server logs may be preserved for as long as administratively necessary. 12. APPLICABLE LAW AND DISPUTE SETTLEMENT 12.1. You agree that this Agreement and any contractual obligations between Souloxy and the User will be governed by the laws of India. 12.2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Souloxy Platform or information provided therein, shall be determined by arbitration in India, before a sole arbitrator appointed by Souloxy. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). 12.3. The seat and venue of such arbitration shall be Delhi. All proceedings of such arbitration, including any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. 12.4. Subject to Clause 12.3 above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Souloxy Platform, or the information provided through it. 13. CONTACT INFORMATION GRIEVANCE OFFICER 13.1. If you have any questions concerning Souloxy, the Website, this Agreement, the Souloxy Platform, or anything related to any of the foregoing, you can reach Souloxy’s customer support at the following email address: help@souloxy.com or through the contact information available on www.souloxy.com. 13.2. In accordance with the provisions of the Information Technology Act, 2000, and Rule 3(11) of the Information Technology (Intermediaries Guidelines) Rules, 2011, if you have any grievance with respect to the Website or the service, including any discrepancies or grievances with respect to the processing of information, you may communicate such grievance to grievance@souloxy.com. 13.2.1. In the event you suffer as a result of access or usage of our Website by any person in violation of Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, please address your grievance to the above person. 14. SEVERABILITY If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, such provision will be excluded from this Agreement, and the remainder of the Agreement shall be interpreted as if such provision were excluded. The Agreement will be enforced in accordance with its terms to the greatest extent possible and consistent with applicable law. 15. WAIVER No provision of this Agreement shall be deemed waived, nor shall any breach be excused, unless such waiver or consent is in writing and signed by Souloxy. Any consent by Souloxy to or waiver of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
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