LAST UPDATED: 26Th OCT 2023

We, GOQii (collectively used to refer to GOQii Inc., GOQii Technologies Pvt. Ltd. and/or its subsidiaries, affiliates, successors and assigns) bring to you a digital health and fitness subscription service that combines one-on-one mobile personal coaching and fitness tracking technology to help you shift to a healthier lifestyle and reach your goals. While fitness trackers and apps are useful tools, they are missing the elements of on-going engagement, motivation and accountability. GOQii solves this, by connecting your activity tracker or smart watch to a professional health and fitness coach of your choice via the “GOQii App” (available on iOS and Android platforms) and a wearable GOQii fitness band (“GOQii Tracker”). You can read more about GOQii and our product on the website “goqii.com” (together with the GOQii App is hereby referred to as the "Platform"). For ease of reading and clarity, the Platform, the GOQii App and the GOQii Tracker are collectively referred to as the "Services".

These Terms of Service along with the Privacy Policy ("Terms") govern your access to and use of the Services, so please read them carefully before using the Services. By accessing and using any of the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not access or use any of the Services.

As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. The last date these Terms was revised is written on this page. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimers of GOQii, constitute a valid and binding agreement between you and GOQii.

• Your Use of Services

  • You must be 18 years of age to access and use the Services and should be able to contract as per the laws of your jurisdiction. You may use the Services only in compliance with these Terms and all laws applicable to you and your access and use of the Services.

    Once you purchase GOQii Services, you may learn more about the Services via information available on the Platform, including the Frequently Answered Questions (FAQs) available at: https://goqiisupport.zendesk.com/hc/en-us.

    In order to register an account and access or use the Services, you may be required to provide certain information including but not restricted to your full name, email address, password, gender, profile picture, contact details, address, date of birth, height, weight, dietary information, fitness and exercise details, medical history and conditions and medication details. You are responsible for maintaining the accuracy and completeness of this information provided.

    You may register for use of the Services through your existing email accounts (such as Gmail, Hotmail etc.) Your email address will constitute your username for your account. You are responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify GOQii immediately of any unauthorized use of your account or any other breach of security.

  We Do Not Provide Medical Advice

  • GOQii DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE OR THE SERVICES FOR ANY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU THINK YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR YOU ARE HAVING A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL THE EMERGENCY MEDICAL SERVICES IN YOUR HOME JURISDICTION. The Services provided by GOQii, including information provided through personalized coaching services, does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Platform or in the Services should be construed as an attempt to offer or render a medical or mental health opinion or diagnosis, or otherwise engage in the practice of medicine by GOQii.

    You should consult with your physician before making any changes to your diet or exercise program, including making any changes suggested through any of the GOQii Services. By using the Services, you represent that you have received consent from your physician to participate in the programs, you learn about through the Services. We are not responsible for any medical or mental health problems you may face as a result of accessing or using the Services, or from training programs, nutrition changes, products, or relationships with our Eco-System partners (who are third parties we sign up with to track your health records and data such as Thyrocare Technologies Ltd. and Max Hospitals or any other third party service provider) that you learn about through the Services. If you make any lifestyle changes based on information you receive through the Service, you agree that you do so at your own risk and GOQii will in no manner be liable for any harm of injury, whether bodily or otherwise that may occur as a result of such lifestyle changes.

    GOQii DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, INSTITUTION, PRODUCT, ECO-SYSTEM PARTNER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY COACH OR ECO-SYSTEM PARTNER. GOQii DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ECO-SYSTEM PARTNER OR ANY ADVICE PROVIDED. GOQii WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH OR ECO-SYSTEM PARTNER. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF GOQII FOR ANY LOSSES, HARM OR INJURY THAT MAY OCCUR DUE TO USE OF THE SERVICES, WILL BE LIMITED TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.

  Modifications to Services and Data

  • The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. Please backup your data as GOQii has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services.

  User Content

  • You are solely responsible for all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("User Content") that you upload, transmit, post, publish or display ("Post") on the Platform or email or otherwise transmit or use via the Services, including content posted through use of the GOQii Tracker. You acknowledge that we may use technological tools to screen, track, extract, compile, aggregate or analyze any data or information resulting from use of the Services. You agree to not use the Services to post or otherwise transmit any content that is unlawful, threatening, spam, contains software viruses or, in the sole judgment of GOQii, restricts or inhibits any other person from using or enjoying the Services, or which may expose GOQii or its users to any harm or liability of any type. You acknowledge that GOQii has the right to remove such User Content, at its sole discretion and without prior notice to you.

    You will not use the Services in any way that is unlawful or harms GOQii, its directors, employees, affiliates, distributors, partners, service providers and/or any other user of the Services. You may not use the Services in any manner that could damage, disable, overburden, block, or impair the Services, whether in part or in full and whether permanently or temporarily, or disallow or interfere with any other party's use and enjoyment of the Services.

    GOQii exempts itself from all and any liability arising out of the User Content on the Platform or via the Services that violates any applicable laws, or the rights of any third party.

    We welcome your comments, questions, suggestions and feedback about the Platform or the Services ("Submissions"). But be aware that any comments or suggestions you make to GOQii are non-confidential and become the property of GOQii, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.Further, GOQii will be under no obligation to implement any of the suggestions provided, nor will be obligated to provide a response to feedback.

    You agree that you are the owner of the copyright in the User Content that you post on the Platform and transmit via the Services. You agree to grant GOQii a non-exclusive, non-revocable, worldwide, royalty-free license to copy distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the User Content that you post on the Platform in all forms. This license applies to all works of authorship of User Content.

    You agree that GOQii has the authority and sole discretion to remove or take-down User Content that you post on the Platform.

• Services Content

  The Services may contain content and information such as data, text, audio, video, images ("Services Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights under applicable laws. All Services Content is owned exclusively by GOQii. A royalty-free license is granted to you by GOQii to use the Service Content for personal and non-commercial use only. Apart from that, none of the Platform or the Service Content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.

  You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform or the Services Content other than as authorized by these Terms or for any purpose not intended under these Terms is strictly prohibited and may result in termination of the license granted to you by GOQii under these Terms. The technology and software underlying the Services is the property of GOQii, our affiliates and our partners (the "Software"). You agree not to reverse engineer, reverse assemble, modify or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

  GOQii names and logos are trademarks and service marks which are proprietary to and are owned by GOQii (collectively the "GOQii Trademarks"). Other company products, brand names and logos used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to GOQii. You will not, in any manner, register or attempt to register use any of the GOQii Trademarks or any third party trademark or proprietary material unless expressly authorized by GOQii and/or the relevant third party which is the proprietor of the brand.

  All intellectual property in the Platform and Services and the platform used in the Platform and Services, the software used in the Platform and Services, the underlying works, techniques and processes used by GOQii in the Platform and Services, including copyright in such works, belongs exclusively to GOQii. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by GOQii to you in respect to such works.

• Third Party Content

  The Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. GOQii has no control over such sites and resources and GOQii is not responsible for and does not endorse such sites and resources. GOQii will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Your use of the third party resources, including third party websites, is subject to the terms of use of the respective third party and GQOii is not responsible for your use of any third party resources.

  GOQii does not endorse and will not be liable for any content posted by third parties. You must evaluate the accuracy and usefulness of such third party content. GOQii does not pre-screen content, but GOQii and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by GOQii to be unlawful and / or inappropriate. Your use of such third party content is subject to the terms of use of the respective third party and GOQii is not responsible for your use of such third party content.

• Third Party Services

  The Services may, in certain instances, be offered to you (i) as a result of you purchasing or availing of certain third party products / services, and / or (ii) bundled with certain third party products / services. In such cases, you would be bound by the terms and other applicable policies of the third parties for such products / services availed and GOQii will in no manner be liable to any losses you may incur as a result of you using such third party products or services.GOQii Terms would supersede in case of any conflict between such third party terms and GOQii Terms.

• Intermediary

  In respect of the User Content and Third Party Content uploaded / transmitted via the Services, GOQii is a publisher of such information posted by you and would be acting as an ‘intermediary’ . Being an intermediary, GOQii has no liability in respect to any User Content and Third Party Content on the Platform and is not legally obligated to you or any third party to delete or take-down such User Content and Third Party Content unless in accordance with an order passed by a court or a notification passed by a government agency.

• Repeat Infringer Policy

  GOQii has adopted a policy of terminating, in appropriate circumstances and at GOQii's sole discretion, members who are deemed to be repeat infringers. GOQii may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others or breach of applicable laws, whether or not there is any repeat infringement or violation.

• Doctor Policy

  GOQii Service connects you with GOQii Doctors (General Practitioners) to help and advise you on all routine medical and lifestyle challenges. GOQii Health Service is not for medical care. On the GOQii Health Service, no formal medical diagnosis, treatment, or prescriptions will be provided.

  ALL INFORMATION PROVIDED ON GOQII HEALTH SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY GOQII HEALTH SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH GOQii IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, GOQii HEALTH SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY GOQii HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.

  All chats, emails, audio & video calls are recorded and monitored for quality and training purposes.

  GOQii and any advice, tips, recommendations, suggestions etc. given to you by us and/or by your coach and/or any brand ambassador and/or any person associated with GOQii, on the platform or otherwise, is intended for use only by individuals healthy enough to perform the relevant exercise or recommendation or suggestion. While our and our coaches’ advice, tips, recommendations, suggestions etc. consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans, diets, exercises etc. should not be misconstrued as medical advice, prescriptions, or diagnoses. Consider the risks involved and consult with your medical professional before engaging in any physical activity. GOQii and/or any of its brand ambassadors and/or any person associated with it, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of GOQii or any advice, tips, recommendations, suggestions etc. including that of your coach and/or any person associated with GOQii. Further, you shall not have and you shall not make any claim for any costs, damages, charges, liabilities etc. against GOQii and/or any of its brand ambassadors and/or any person associated with it in the event you do not and/or are not able to achieve results from your use of the features of GOQii and/or any advice, tips, recommendations, suggestions etc. given to you by us and/or any of our coaches and/or any persons associated with GOQii. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If you are greater than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using GOQii or acting on any advice, recommendations etc. including your coach’s advice: heart disease, high blood pressure, family history of high blood pressure or heart disease, chest pain caused by previous exercise, dizziness or loss of consciousness caused by previous exercise, bone or joint or muscular problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to GOQii or your coach for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

• What We Do and What We Don't Do (GOQii Health Service): We Don't Practice Medicine (GOQii Health Service)

  The use of GOQii Health Service is for general informational and educational purposes only and is not for professional medical advice. No prescriptions will be given on the Service. You agree and understand that using GOQii Health Service cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.

• We Cannot Be Substituted for your Primary Care Physician (GOQii Health Service)

  GOQii Doctor on GOQii Health Service are not "your" doctor, physician, or healthcare provider. When you participate in a Consult on GOQii Health Service, you understand and agree that GOQii Doctors on GOQii Health Service are not your Primary Care Physician and you agree not to use GOQii Health Service as a substitute for interactions with your Primary Care Physician. GOQii Health Service contains Content that may help you identify services or may offer services. Everything on GOQii Health Service, including Content accessed or Services provided through GOQii Health Service, are for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.

• We Don't Provide Personal Diagnosis, Treatment or Prescriptions (GOQii Health Service)

  Interactions on GOQii Health Service do not constitute the practice of medicine, and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use GOQii Health Service to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.

• We Support Your Health Decisions (GOQii Health Service)

  GOQii Health Service is structured to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in connection with the advice you receive from your own doctor. Always use common sense when making decisions relating to your health. GOQii Health Services cannot make decisions for you.

• We Offer a One Time Doctor Consult, Not a Continued Interaction (GOQii Health Service)

  The use of GOQii Service is not a continued interaction. A doctor- patient relationship is not formed between You and Us, or between You and other Users at any point, during your use of GOQii Service.

• We're Not For Use in Emergencies

  Never use GOQii Health Service in a potential or actual medical emergency.

• We Need Complete Information

  GOQii Services can only advise you based on what you've described. Please ensure that you share accurate and complete information.

• GOQii Health Locker

  Your medical records include, amongst others, your consultation with GOQii Health, your medical documents, Health Risk Assessment (HRA) Reports. You agree to the entry of your health records into the GOQii database. Your health records would be shared with GOQii including your GOQii Coach and GOQii Doctor, or based on your choice kept private. You understand that all reasonable measures have been taken to safeguard your health information, but no computer or phone system is totally secure.

  You acknowledge and agree that, in order to provide you with some parts of the Services, we may share your data with third-party service providers whose services you decide to utilize as a part of the GOQii Services. We will only share your data with these third parties to the extent necessary to facilitate the services you request and use. Please note that these third-party service providers may have their own privacy policies governing the use and disclosure of your information. We encourage you to review their policies and understand how your data will be handled by them. We take reasonable steps to ensure that our third-party service providers protect your data in accordance with applicable data protection laws. However, we cannot be responsible for the privacy practices of these third parties, and your use of their services is subject to their terms and policies.

• Quality Assurance

  You understand that information collected through your use of the Services may be reviewed under a GOQii quality assurance program. The records of the GOQii Quality Assurance Team is subject to confidentiality. All chats, emails, audio & video calls might be recorded and monitored for quality and training purposes.

  We strongly recommend that you always consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, or before taking any drug or changing your diet

• Indemnity

  You agree to defend, indemnify and hold harmless GOQii (including its affiliates, its directors, employees and officers) from any losses, liabilities, damages, demands, suits, causes of action, judgments, costs or expenses (including court costs and reasonable attorneys' fees) incurred arising out of or relating to any claim or demand made by any third party due to or arising out of or relating to violation of these Terms of use of the Platform and / or Services.

• TERMS FOR PURCHASES ON GOQii HEALTH STORE

  All purchases on GOQii store will not get a cash refund. Products can be exchanged subject to warranty clause given below

  GOQii Cash used on the store will not be refunded even if you cancel the purchase pre or post shipping

  Warranty: Unless expressly stated otherwise in writing, products and services (including third party products or services sold on the GOQii Health Store) are provided 'as is' and 'as available' without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. All sales are final, and no returns, exchanges, or refunds are permitted unless explicitly stated otherwise. We do not guarantee or warrant that any product descriptions, prices, or other content on our website or app are accurate, complete, reliable, current, or error-free. You acknowledge and agree that you have reviewed this policy and understand that you are solely responsible for evaluating the fitness for a particular purpose of our products or services (including third party products or services sold on the GOQii Health Store) before making a purchase. If you have any questions or concerns about a specific product or service, please contact us in advance of making a purchase to seek clarification or request any applicable warranty or return policy.

• Disclaimer of Warranties

  YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTHING ON THE SITE OR SERVICES SHOULD BE TAKEN TO CONSTITUTE MEDICAL ADVICE OR A FORMAL RECOMMENDATION AND WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES AND SERVICES CONTENT.

  GOQii DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE SITE, SERVICES AND SERVICES CONTENT; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS OR OTHER SOURCES PROVIDED ON THE SITE OR VIA THE SERVICES; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH SUCH SITE, LINKS OR PRODUCTS OR SERVICES.

  GOQii MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SITE AND SERVICES WILL BE CORRECTED.

  GOQii ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT WHICH YOU MAY POST ON THE SITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.

  YOU AGREE THAT ANY CONTENT ACCESSED / DOWNLOADED FROM THE SITE WOULD BE AT YOUR SOLE DISCRETION AND YOU WOULD BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER RESOURCE OR FOR ANY LOSS OF YOUR DATA RESULTING FROM YOU ACCESSING / DOWNLOADING SUCH CONTENT.

  YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR GOQii TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. GOQII IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE SITE, NOR FOR THE CONSEQUENCES OF YOU READING SUCH USER CONTENT. YOU AGREE THAT YOU ARE WHOLLY RESPONSIBLE FOR THE USER CONTENT THAT YOU POST ON THE SITE.

  ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.

• Limitation of Liability

  NEITHER GOQii NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE SERVICES. NEITHER GOQII NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT THE SERVICES CONTENT OR YOUR PERSONALIZATION SETTINGS.

  YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOQII WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOQII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES OR THE SITE OR SERVICES CONTENT; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OF DATA; CONTENT OR INFORMATION YOU MAY ACCESS AND USE (d) TECHNICAL OR OTHER OPERATIONAL LAPSES ON THE SITE OR VIA THE SERVICES.. OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL GOQII'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU FOR THE SERVICES.

  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

• Suspension / Termination of your account

  You agree that GOQii, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services for any reason, without prior intimation to you. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. GOQii will not be liable to you or any third-party for any termination of your access to the Services. You cannot suspend or hibernate your service once you have commenced it.

  Upon user account termination or suspension, regardless of the reasons therefore, your right to use the Platform, Services or Services Content immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform and Services. GOQii shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your user account or any other actions taken by us in connection with such account termination or suspension. A single player having multiple accounts isn't permissible. One of the accounts would be terminated without any prior intimation.

• Miscellaneous

  The Terms (including Privacy Policy) constitute the entire agreement between you and GOQii and govern your use of the Services, superseding any prior agreements between you and GOQii with respect to the Services. You also may be subject to additional terms and conditions that will apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of India without regard to its conflict of law provisions. You and GOQii agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai, India. The failure of GOQii to enforce any provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

• Your Privacy

  GOQii may collect personal data (as specified in the Privacy Policy) from you in connection with your access and use of the Platform and /or Services and may be shared with and / or disclosed to third parties. At GOQii, we respect the privacy of our users and have outlined our collection, storage, use and disclosure of your personal data and registration data in our Privacy Policy. Your acceptance of these Terms, and use of the Platform and / or the Services shall be deemed to constitute your acceptance of the terms of the Privacy Policy.

• Warranty

  GOQii Tracker (Device) is completely covered for all Manufacturing Defects for the duration of your Paid Coaching Subscription Plan or 1 year whichever ends earlier.
  To avail the warranty, you would have to raise a support ticket via the GOQii APP.
  You will have to courier the GOQii Device without the strap to the GOQii office at your own expense.
  On receipt of the same, GOQii will send you a new Device or refurbished device, which could be of the same or different specification, at its own discretion.
  Kindly Note:
  Warranty would not be applicable in case you lose your Tracker or damage it.
  Warranty does not cover damages incurred because of faulty usage or any other non-manufacturing defect.
  Warranty would not be applicable on the GOQii strap.
  Warranty would only be applicable for continuous subscription without any gaps i.e. The benefit of warranty cannot be availed if your original subscription has expired & you RENEW it post expiry.

  GOQii Activation codes can only be used for a new account activation and are valid for activation for a period of maximum 90 days from the date of purchase.

• Subscription

  Subscription Handled via Apple ID

  You can subscribe to our GOQii Health Plans using the Apple ID associated with your Apple App Store account by using relevant processes on this Application. When doing so, you acknowledge and accept that,

  * Payment will be charged to iTunes Account at confirmation of purchase.

  * Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.

  * Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.

  * Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's account settings after purchase.

  * Restore of purchase will be managed by GOQii, considered if login with the same GOQii account from which subscription was purchased.

• Transfer of Subscription

  GOQii Services is highly personalized to suit your health and fitness needs. However, if you wish to transfer this to a friend or family, a transfer fee of Rs. 999/- needs to be paid in order to continue using GOQii coaching service.

• End of Subscription

  At the end of your subscribed plan, you need to renew your coaching services.

• Renewals

  Please write to us at renewals@goqii.comfor more information.

• Reward Points Integration

  By using the App, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the App.

  PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GOQII APPLICATION (THE "APP"). BY DOWNLOADING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE APP.

  GOQii reserves the right to integrate or disintegrate any reward points, whether on a centralized ledger or otherwise, at its sole discretion and without prior notice to the User.

  Third-Party Reward Points

  The App may include a reward point system using third-party reward points. The accumulation and use of Third Party Reward Points are subject to the terms and conditions of the respective third-party.

  GOQii may, at its sole discretion, change, terminate, or modify the reward point system, including the redemption of Third Party Reward Points, without notice.

  The User acknowledges that these Third Party Reward Points may be represented under any name or title, and GOQii is not obligated to provide explicit disclosure or information regarding the specific nature of these Third Party Reward Points. The User accepts that GOQii's integration of such Third Party Reward Points into the App is not contingent upon providing detailed information about such reward points.The User agrees to get informed about any such reward points by doing its own research and applying its own discretion in the accumulation or usage of such Third Party Reward Points.

  The User acknowledges and agrees that GOQii is not responsible for the performance, reliability, or any consequences arising from the use of Third Party Reward Points integrated into the App.

  The User understands that any disputes or issues related to third-party reward points must be addressed directly with the respective reward point issuer or supplier, as per their separate terms and conditions.

  The User agrees that they have no legal recourse against GOQii for any damages, losses, or issues related to the Third Party Reward Points.

  Separate Terms with Third Party Reward Point Supplier

  The User acknowledges that there are separate terms and conditions imposed by the specific reward point provider or issuer. By using the reward points integrated into the App, the User accepts these terms and conditions directly with the third party supplier with full responsibility of the aforesaid direct relationship that gets established by the usage of such Third Party Reward Points.

  The User is advised to exercise caution and review the terms and conditions of the reward point provider before using their reward points, by directly reviewing the same on the app / website or any other written contract provided by the aforesaid third party. .

  Relationship to Other Agreements

  This Agreement is supplemental to and does not replace any other agreements, terms, or conditions that the User may have entered into regarding the use of the App. In the event of any conflict or inconsistency between this Agreement and any other agreement, the terms of this Agreement shall prevail only with respect to the matters specifically addressed herein.

  Tax Responsibility

  The User acknowledges and agrees that GOQii is not responsible for any tax implications, including but not limited to income tax, capital gains tax, or any other taxes that may arise as a result of the usage of reward points obtained through the App.

  The User takes full responsibility for understanding and complying with their tax obligations and liabilities arising from the receipt, use, or redemption of reward points, and any associated transactions.

  Data Sharing with Third-Party Reward Providers

  The User acknowledges and agrees that, in order to facilitate the usage of Third Party Reward Points, GOQii may share certain data and information, as necessary, with the respective third-party providers or issuers.

  The User understands that the sharing of data with third-party providers is governed by the separate terms and privacy policies of those providers. GOQii shall not be responsible for the use or protection of the User's data by aforesaid third-party providers.

  The User is encouraged to review the terms and privacy policies of such third-party providers to understand how their data will be used and protected.

  User Content

  You may have the opportunity to submit or upload content to the App. By submitting or uploading content, you grant Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display such content in connection with the App.

  You are solely responsible for the content you submit and for ensuring that your content does not violate the rights of third parties or any applicable laws.

  User Accounts

  To access certain features of the App and availing the benefits of Third Party Reward Points, you may be required to create a user account. You agree to provide accurate and complete information when creating your account. You understand that inaccurate or fraudulent information can have serious implications, including financial losses, harm to reputation, and legal liabilities. We strongly advise you to verify and ensure the accuracy of the information you provide through our services. Company will not be held responsible for any losses or damages incurred by you or third parties due to inaccurate information provided by you.

  You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account (including any separate account you may have to create to access Third Party Reward Points). You agree to notify Company or the Third Party Reward Points provider immediately of any unauthorized use of your account with GOQii or the Third Party Reward Points provider respectively.

  Termination

  GOQii reserves the right to terminate this Agreement and the User's access to the App at any time and for any reason, with or without cause, without incurring any liability towards the User.

  In the event of termination, the User acknowledges and agrees that any accrued reward points (including Third Party Reward Points) may be forfeited, and GOQii shall not be held responsible for any losses or damages incurred by the User as a result of such termination.

  Disclaimer of Warranties

  THE APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  Limitation of Liability

  IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THE ACCESS PROVIDED TO THE AFORESAID THIRD-PARTY REWARD POINTS.

  Changes to Terms

  Company may modify these Terms of Use at any time by posting the revised terms on the App. Your continued use of the App after such changes will constitute your acceptance of the updated terms.

• RETURN POLICY

  If the GOQii-branded device and/or accessory delivered to you has obvious damage upon receipt or is not the GOQii-branded device and/or accessory you ordered, you may request an immediate exchange/replacement if you meet the conditions set forth below. This return right does not apply to the purchase or renewal of any Paid Services, as defined in and governed by our Terms for Paid Services. Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or GST) do not qualify. You are responsible for all costs of returning the device and/or accessory to us. To qualify for a replacement, you must meet all the following conditions:

  • Request a replacement authorization within 48 hours of your delivery date.
  • Please keep the items in its original condition, with brand outer box, MRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up.
  • We may contact you to ascertain the damage or defect in the product prior to issuing replacement.
  • If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it or charge you a restocking fee of up to 15% of the original price.

  Please note: Order once placed will not be refunded but can be replaced. In case of any manufacturing defects the same shall be replaced as indicated in the Warranty Statement.

• Advertisement

  GOQii shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform and via the Services.

• Severability

  If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

• Assignment

  You may not assign or sub-license, without the prior written consent of GOQii, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity. GOQii Technologies Private Limited may assign or sub-license any of its rights, duties or obligations under these Terms, in whole or in part, to any of its affiliates, without your prior consent.

• Conflict

  In the event, there is any conflict between the terms set out in these Terms, the Privacy Policy, and any other policies and disclaimers applicable to specific pages of the Platform or all or part of the Services, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these Terms, (iii) any other policies applicable to specific pages of the Platform.

• Complaints / Grievances

  If you have any complaints or grievances in respect to the Platform, Services and / or Platform Content, please contact us via Live chat from GOQii application or website.

  If you have any questions or concerns regarding the Terms, please contact us via Live chat from GOQii application or website.

• ADDITIONAL TERMS MAY APPLY

  By agreeing to Terms of Service and Terms of Use, you also agree to Terms of Sales (if applicable )

  By agreeing to Terms of Service and Terms of Use, you also agree to UHT Rewards Terms of Use (if applicable )