TERMS AND CONDITIONS OF USAGE

These Terms and Conditions of Use (hereinafter referred as "Terms of Usage") describe and govern the User's use of the content and services offered by Muthyam through www.muthyam.live (hereinafter referred as "We", "Muthyam", "us", "our" "Muthyam application", "Application").

1. UPDATION AND NOTIFICATIONS

The Application may update/amend/modify these Terms of Usage from time to time. The User (i.e, any user of the Application, including expert members and customer users) is responsible to check the Terms of Usage periodically to remain in compliance with these terms. Updates to these Terms may also reflect compliance with UAE, KSA, Qatar and Kuwait regulations for cross-border digital services. For clarity, Muthyam onboards and contracts experts only in India; there is no expert onboarding outside India.

2. USER CONSENT

By accessing the Application and using it, you ("User", "You", "Your") indicate that you understand the terms and unconditionally & expressly consent to the Terms of Usage of this Application. If you do not agree with the Terms of Usage, please do not click on the "I AGREE" button. The User is advised to read the Terms of Usage carefully before using or registering on the Application or accessing any material, information or services through the Application. Your use and continued usage of the Application (irrespective of the amendments made from time to time) shall signify your acceptance of the terms of usage and your agreement to be legally bound by the same.

For users accessing the Application from the United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, or State of Kuwait, continued use of the Application also constitutes consent under the applicable regional data protection laws, including:

  1. UAE Federal Decree-Law No. 45 of 2021 (Personal Data Protection Law);
  2. Saudi Arabia Personal Data Protection Law (PDPL 2023) issued by SDAIA;
  3. Qatar Law No. 13 of 2016 on the Protection of Personal Data; and
  4. Kuwait Law No. 20 of 2014 on Electronic Transactions.

By using the Application, such Users expressly consent to the transfer and processing of their personal data outside their country of residence, including transfer to India, in accordance with these laws.

3. GENERAL DESCRIPTION

The Application is a mobile application which provides content, reports, data, telephone, video and email consultations (hereinafter referred as "Content"). The Application is offering "Free Services" and "Paid Services" (collectively referred as "Services"). Free Services are easily accessible without becoming a member however for accessing the personalised services and/or receive additional Content and get access to Paid Services, You are required to register as a member on the portal. By registering for Paid Services, a User agrees to:

  1. To provide current, complete, and accurate information about himself as prompted to do so by the Application.
  2. To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete.

4. REGISTRATION AND ELIGIBILITY

  • By using this Application, you agree that you are over the age of 18 years and are allowed to enter into a legally binding and enforceable contract under Indian Contract Act, 1872. The Application would not be held responsible for any misuse that may occur by virtue of any person including a minor using the services provided through the Application. You are however allowed to ask questions related to minors in your family as per the terms and conditions outlined herewith in this Terms of Usage.
  • For the User to avail the services on the Application, the User will be directed to register as a member on the Application whereby You (User) agree to provide update, current and accurate information while filling up the sign-in form. All information that you fill and provide to the Application and all updates thereto are referred to in these Terms of Usage as "Registration Data".
  • An account could be created by you through the Application ID (Your Phone Number) and password (OTP) or other log-in ID and password which can include a facebook, gmail or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User's account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Application is inaccurate, incomplete, untrue and not current, the Application has the right to suspend or terminate the User's account and restrict/refuse the use of the Application by such User in future.
  • Users can verify their accounts voluntarily by providing required details to Muthyam, and Muthyam may provide verified users with a mark of verification. Contact us at support@muthyam.com if the User wants to get verified.
  • The right to use this Application is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User's passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User's account with the Application. The Application cannot and will not be liable for any loss or damage arising from the User's failure to maintain secrecy and confidentiality. The User shall notify the Application immediately if they become aware of any unauthorized use of their Account(s) or breach of any security. The User must log out from its account at the end of the session.
  • The User while availing any service shall be informed whether the service so rendered is personal to the Application or is available from a third party. The Application shall have no control or monitoring on the information disseminated to any third party via the Application.
  • The User agrees, understands and confirms that his/her personal data and sensitive personal data/information including without limitation to details relating to debit card/credit card transmitted over the internet may be susceptible to misuse, hacking, theft and/or fraud and that the Application or the Payment Service Provider(s) have no control over such matters.
  • The Application permits the use of the services by any User under the following conditions:
    1. Muthyam acts only as an intermediary platform and does not guarantee outcomes, availability, or performance of Users on the Application. Muthyam is not responsible or liable to the Users for the content on the Application.
    2. Experts (service providers) are onboarded exclusively in India and must satisfy Indian KYC, PAN/TDS and platform onboarding requirements as may be required by Muthyam. Users in UAE, KSA, Qatar and Kuwait may access services cross-border, but no local expert hiring or onboarding occurs in those countries.

5. FEATURE "CALL WITH EXPERT"

The Application is providing a certain service which is available through the medium of telecommunication with the expert listed and enrolled with the Application. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the Application to arrange a call with you on your mobile number even though your number is on DND service provided by your mobile service provider.

Calls/chats are provided cross-border from India to users located in UAE, KSA, Qatar and Kuwait using legally licensed communication providers. Muthyam does not operate or employ/contract experts locally in those countries.

6. APPLICATION CONTENT

  • The Application and any individual applications which may be available through external hyperlinks within the Application are private property.
  • All interactions on this Application inclusive of the guidance and advice received directly from the experts must comply with these Terms of Usage.
  • The User shall not post or transmit through this Application any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. The Application shall have a right to suspend or terminate access of such User or terminate the User's registration and such User shall not gain access to the Application.
  • The Application reserves the right to terminate the access or to change or discontinue any aspect or feature of the Application including, but not limited to, content, graphics, deals, offers, settings, etc.
  • Any information, guidance and advice, received directly from the third-party service provider on the Application (App/Site), including the educational, graphics, research sources and other incidental information and the content, should not be considered as professional advice.
  • The services provided through the Application are not intended to replace professional medical or psychological advice. Users should always seek the guidance of qualified professionals before making decisions based on advice received through the Application. The User should always talk to an appropriately qualified professional including but not limited to any information regarding which medications or treatment may be appropriate for the User. Muthyam does not represent or warrant that any Content, including particular medication or treatment is safe, appropriate, or effective for you. Muthyam does not endorse any specific tests, medications, products or procedures.
  • The Application does not take guarantee of any untoward incident that may happen with the User after seeking the service. The Application or the Service Provider (i.e., a User who is an expert member) providing the advice is not liable and does not guarantee any results as expected by the User and accessing the Application in such a scenario is purely at the risk of the User.
  • By using the App/Site, Application or Services, User hereby agrees that any legal remedy or liability that you seek to obtain for actions or omissions of other Users inclusive of the Service Provider registered with the Application or other third parties linked with the Application, shall be limited to claim against such particular party who may have caused any harm. You agree not to attempt to impose liability on or seek any legal remedy from Muthyam with respect to such actions or omissions.
  • Content delivered to GCC users is provided from India and will respect local decency and cyber laws of the user's country. If any content is flagged by a GCC regulator, Muthyam may geo-restrict/remove it for that territory.

7. USER ACCOUNT ACCESS

The Application shall have access to the account and the information created by the User for ensuring and maintaining the high-quality services provided by the Application and for addressing the need of the Users in the most effective manner. User hereby consents for the unconditional access of the account by the Application, its employees, agents and other appointed person in such regard. For the purpose of addressing the complaints (if any received) and any suspected abuse reported, the Application shall investigate on a case-to-case basis from the records available. The User is directed to read the terms provided in the Privacy Policy as regards such records.

Account/service delivery is from India. Limited user data of GCC residents may be processed in India subject to applicable cross-border safeguards and your consent (see Privacy Policy).

8. PRIVACY POLICY

The User hereby consents, expresses and agrees that the User has read and fully understands the Privacy Policy of the Application. The User further consents that the terms and contents of such Privacy Policy is acceptable to the User inclusive of any update/alteration/change made and duly displayed on the Application.

9. BREACH AND TERMINATION

The Application may, in whole or in part, without informing the User, modify, discontinue, change or alter the services ordered or the account of the User registered with the Application. The Application may or may not issue notice or provide any reason for such action taken by the Application.

Violation of any conditions mentioned in this Terms of Usage shall lead to immediate cancellation of the registration of the User, if registered with the Application. The Application reserves right to terminate and initiate action immediately, if:

  1. The Application is not able to verify and authenticate the Registration Data or any other relevant information provided by the User.
  2. The Application believes that the actions of the User violate applicable laws or may cause legal liability for the Application, other Users or any service provider linked with the Application.
  3. The Application believes that the User has provided the Application with false and misleading Registration Data or there is interference with the other Users or the administration of the services, or have violated the privacy policy as listed by the Application.

For the Service Provider inclusive of the expert, You understand and agree that your relationship with the Application is limited to being a member and You act exclusively on your own behalf and for your own benefit. The Application may terminate and de-activate the Profile of such service provider for any violation of the present terms of usage and the Service Terms and Conditions agreed upon between the parties while registration of the data by such Service Provider.

Further, for breaches of Terms of Usage and/or violation of applicable laws by any User (including Service Provider and other Users):

  1. Muthyam will immediately remove such content/information and suspend or terminate the User's account.
  2. Muthyam reserves the right to report commission of offences in relation to applicable laws and the concerned User to the appropriate law enforcement authorities.
  3. Muthyam may disclose the identity of the User to a complainant (who is a victim or acting on behalf of the victim) in accordance with applicable laws.

Please note that breaches of applicable laws (including directing, instructing or using the Application for creation, generation, modification, alteration publication, transmission, sharing, or dissemination of any synthetically generated information that violates applicable laws) will attract punishments and/or penalties under such laws and reporting to authorities. The applicable laws here include the Information Technology Act, 2000, Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, the Representation of the People Act, 1951, the Indecent Representation of Women (Prohibition) Act, 1986, the Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013, the Immoral Traffic (Prevention) Act, 1956 and Explosive Substances Act, 1908.

10. CANCELLATION AND REFUND

All orders placed/purchases made on the Application are final, non-cancellable and non-refundable, unless specifically directed by Muthyam. Read more about refunds and cancellations in our Refunds Policy.

Please be careful while making payments to avoid multiple payments against the same order/purchase.

The User agrees to be careful while providing any information to the Application and must re-check the information filled before clicking on "Submit". The User can request for change in the in-correct information or data entered provided, the request for such change has been made with the customer care within 1 (one hour) of execution of the service rendered by the service provider.

For GCC users, payments are collected in local currency (AED/SAR/QAR/KWD) where available, for a cross-border digital service supplied from India. Local VAT (e.g., UAE 5%, KSA 15%) may be charged to GCC consumers as required. Refund method and timelines remain as per the India policy; currency will mirror the original payment currency.

11. EXPERT PAYOUTS

By initiating a payout on Muthyam, you agree to the following:

  1. All payouts are subject to applicable TDS (Tax Deducted at Source) as per government regulations.
  2. TDS deduction rate depends on whether PAN is linked to the provided UPI ID and the total earnings in a financial year.
  3. In case the PAN is not provided or does not match the UPI account holder name, a higher rate of tax may be applied.
  4. It is your responsibility to ensure the accuracy of your PAN and UPI details.
  5. Muthyam is not liable for any higher TDS deductions or delays arising due to incorrect or missing information.
  6. UPI updates can be requested by users once in 30 days.

12. USER OBLIGATIONS

The User (inclusive of the expert and the member customer) is under an obligation not to violate the privacy policy, this Terms of Usage and other terms and conditions defined on the Application. The User represents that he is an individual and not a corporation or other legal business entity. The rights to use the Application's services are personal to the User. The User shall while using the Application and engaged in any form of communication on any of the forums inclusive of the products listed on the Application shall not violate the terms and conditions which are inclusive of:

  1. The User shall not host, display, upload, modify, publish, transmit, store, update or share any information on or over the Application that, among others,
    • belongs to another person and to which the User does not have any right
    • is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable
    • encourages money laundering or gambling or an online game that causes user harm
    • promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence
    • is harmful to children
    • infringes intellectual property rights
    • deceives or misleads the addressee about the origin of the message or communicates misinformation or patently false and untrue information
    • is regarding the Central Government's business that is identified as fake or false or misleading by such authorised fact check unit
    • impersonates another person
    • threatens unity, sovereignty, integrity, defence, security of India, public order or friendly relations with foreign states
    • is insulting to another nation
    • contains viruses or malicious code
    • causes incitement to the commission of any cognizable offence, or prevents investigation of any offence
    • in the nature of an online game that is not verified as a permissible online game, or is in the nature of an advertisement or surrogate advertisement or promotion of such a game or any platform/entity offering such game
    • violates any law in force
    • is in the nature of synthetically generated information, including any synthetically generated information that violates applicable laws
  2. The User shall not upload or post or otherwise make available any content that User do not have a right to make available, under any law or under contractual or fiduciary relationships.
  3. The User hereby declares that the User will not upload, share, publish, transmit, distribute, disseminate, post or otherwise make available any content/information on or over the Application that is in the nature of synthetically generated information.
  4. The User acknowledges and agrees that:
    • the User will not upload, share, publish, transmit, distribute or disseminate any content on or over the Application is in the nature of synthetically generated information; and
    • Application does not enable, permit or facilitate the creation, generation, modification, alteration, publication, transmission, sharing, or dissemination of information that is synthetically generated information.
  5. The User shall not collect screen names and email addresses of members who are registered on the Application for purposes of advertisement, solicitation or spam.
  6. The User shall not send unsolicited email, junk mail, spam, or chain letters, or promotions or advertisements for products or services.
  7. The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's computer.
  8. The User shall not engage in any activity that interferes with or disrupts access to the Application.
  9. The User shall not attempt to gain unauthorized access to any portion or feature of the Application, any other systems or networks connected to the Application, to any of the services offered on or through the Application, by hacking, password mining or any other illegitimate means.
  10. The User shall not violate any applicable laws or regulations for the time being in force within or outside India. The use and continuous use of the Application is subject to but not limited to using the services for personal use.
  11. The User shall not resell or make any commercial use of the Services without the express written consent from the Application.
  12. The User shall not violate these Terms of Usage including but not limited to any applicable Additional terms of the Application contained herein or elsewhere.
  13. The User shall not Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application.
  14. The User by becoming a registering on the Application agrees to the following situations, which list is not exhaustive and may include services incidental to the below mentioned:
    • The user agrees to receive communication through the app/application through email/SMS/RCS or any other communication medium including though Whatsapp Business Messages in regards to the usage of the app/application.
    • The User agrees not to transmit via the Application any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
    • The User not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
    • The User shall not interfere with any other Users' use or enjoyment of the Application or Services.
    • The User is under an obligation to report any misuse or abuse of the App/Site. If you notice any abuse or misuse of the App/Site or anything which is in violation of this Agreement, you shall forthwith report such violation to Application by writing to Customer Care. On receipt of such a complaint, the Application may investigate such complaint and if necessary, may terminate the membership of the User responsible for such violation, abuse or misuse without any refund of the subscription fee.
    • Any false complaint made by a User shall be material breach of these Terms of Usage and make such User liable for termination of his/her membership and account on the Application without any refund of the subscription fee.
    • The Application reserves the right to withdraw its services to any customer who is found to be unreasonable or abusive during their conversation with the Service Provider regardless of any reason. While the Application shall take all steps to resolve any situation that is in violation of the above obligations arises, however if the situation is not controllable, the Application reserves its right to send a written warning henceforth. Such violations, if repeated by the User, shall lead to a total ban for transacting on the platform by such User. If any balance is present in the wallet of the User, the same shall be refunded subject to the other charges that may be applicable for such violations.
  15. GCC users must not upload or request content violating local decency/cyber laws. Since services are provided cross-border from India, users are responsible to ensure their use is lawful in their location.
  16. We reserve the right to review, monitor, and remove your content that violates these Terms of Usage or applicable laws. We may share your information with governmental authorities if required by law.

For the purposes of these Terms of Usage, 'synthetically generated information' means any content or information (audio, visual and audio-visual) which is artificially or algorithmically created, generated, modified or altered such that the content/information appears to be real, authentic or true and it is difficult to distinguish a person or real-world event from that which is contained in such synthetically generated content. Synthetically generated information does not include routine or good faith actions or content/information that arises from:

  1. routine or good-faith editing, formatting, enhancement, technical correction, colour adjustment, noise reduction, transcription, or compression that does not materially alter, distort, or misrepresent the substance, context, or meaning of the underlying audio, visual or audio-visual information; or
  2. the routine or good-faith creation, preparation, formatting, presentation or design of documents, presentations, portable document format (PDF) files, educational or training materials, research outputs, including the use of illustrative, hypothetical, draft, template-based or conceptual content, where such creation or presentation does not result in the creation or presentation of any false document or false electronic record; or
  3. the use of computer resources solely for improving accessibility, clarity, quality, translation, description, searchability, or discoverability, without generating, altering, or manipulating any material part of the underlying audio, visual or audio-visual information.

13. CONTACT US

For any grievances you may have, including those regarding the content on our Application, decisions regarding your account (suspension, termination), or any violation of our Terms of Usage, please contact our Grievance Officer (Muthyam Support Team) at support@muthyam.live.

We have our registered address at 1257/37, 2nd & 3rd Floor, Hanto Orion Center, 14th Main St, Sector-7, HSR Layout, Bengaluru Karnataka 560102.

14. BANK ACCOUNT INFORMATION

The User is under an obligation to provide his banking information as and when required. For that purpose, the obligation of the User are:

  1. The User agrees that the debit/credit card details provided by him/her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/credit card, that is not lawfully owned by him/her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
  2. The User may pay the fees required to the Application by using a debit/credit card or through an online banking account. The User warrants, agrees and confirms that when he/she initiates a payment transaction and/or issues an online payment instruction and provides his/her card/bank details:
    • The User is fully and lawfully entitled to use such credit/debit card, bank account for such transactions;
    • The User is responsible to ensure that the card/bank account details provided by him/her are accurate;
  3. The User is responsible to ensure sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

User payments from GCC may be processed by licensed international/payment partners. Expert payouts are India-only; Muthyam does not open or use GCC bank accounts for expert remuneration.

15. DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY

The User expressly understands and agrees that, to the maximum extent permitted by applicable law, the Application does not provide warranties for the service. Expert Knowledge provided through the Application is based on cumulative or individual knowledge, experience and interpretations and as such, it may vary from one Expert to another.

The Application is offering services through a diverse panel of Experts and such Service Providers may from time to time make recommendations to be used by Users. Such recommendations are being made in good faith by the Experts and the Application and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:

  1. the service will meet your requirements
  2. the service will be uninterrupted, timely, secure or error-free
  3. the results that may be obtained from the use of the service will be accurate or reliable
  4. the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations and
  5. any errors in the software will be corrected.

You are required to make full disclosure about the emotional, mental and physical state of the person seeking advice from the panel of Experts of Application so that the Experts make an informed judgment about giving advice.

The Application, services and other materials are provided by the Application on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Application makes no warranty that (i) the Application or the services will meet your requirements or your use of the Application or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Application, services or materials will be effective, accurate or reliable; (iii) the quality of the Application, services or other materials will meet your expectations; or that (iv) any errors or defects in the Application, services or other materials will be corrected. No advice or information, whether oral or written, obtained by the User from the Application or through or from use of the services shall create any warranty not expressly stated in the terms of use.

To the maximum extent permitted by applicable law, the Application will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Application also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

The Application will not be liable for any loss that the User may incur as a consequence of unauthorized use of their account or account information in connection with the Application or any services or materials, either with or without the User's knowledge. The Application has endeavored to ensure that all the information on the Application is correct, but the Application neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The Application shall not be responsible for the delay or inability to use the Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Application shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond the Application's control.

The User understands and agrees that any material or data downloaded or otherwise obtained through the Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Application is not responsible for any typographical error leading to an invalid coupon. The Application accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

The Services provided by the Application are for entertainment purposes only and the Application on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the Services, any goods or services purchased or obtained through the Application, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from the Application shall create any warranty.

The services may consist of the following, without limitation: content, Reports, live telephone consultations or video consultations or email consultations. Muthyam charges for the chat/call service offered on this platform on a per minute basis and holds no responsibility or liability about the reality or reliability of the effects on human physiology. No advice or information, whether oral or written, obtained by you shall create any warranty.

The advisors/consultants/experts are also Users of the Application and not employees of the Application or the company. However, the Application does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information or other services provided by the advisors/consultants/experts or by the company, nor does it warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content, anything said or written by, or any advice provided by the advisors/consultants/experts.

The Application is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline such as AASRA (91-22-27546669).

The Application shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Application and/or the payment service providers, its employees, directors, and its third party agents involved in processing, delivering or managing the services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services.

Notwithstanding anything to the contrary contained herein, Muthyam liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Application, for the service during the term of membership.

Services are supplied cross-border from India on an "as is" basis. Muthyam does not operate local clinics/offices nor employ/contract experts in GCC. Liability caps in the India Terms apply equally to GCC users.

16. INDEMNIFICATION

The User shall indemnify, defend and hold harmless the Application and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms of Usage, or Your violation of any third party's rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms of Usage will inure to the benefit of Application's successors, assigns, and licensees.

You agree to indemnify muthyam against claims arising from your use in GCC jurisdictions, including breaches of local decency/cyber/VAT rules. This does not create any local employment/establishment relationship for experts in GCC.

17. PROPRIETARY RIGHTS TO CONTENT

The User acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to User by the Application, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Application, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc on all of the portals of the Application are taken from various online portals such as Google Images. Greenhorn Wellness Private Limited is not liable for any copyrights of that content or data.

18. NOTICES

Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or snail mail. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit in the snail mail, to User at the address provided by User in the Registration Data and to the Application at the address set forth below:

1257/37, 14th Main Rd, Sector 3, HSR Layout, Bengaluru, Karnataka 560102.

For territory specific queries:

  1. UAE – support.uae@muthyam.live
  2. Saudi Arabia – support.ksa@muthyam.live
  3. Qatar – support.qa@muthyam.live
  4. Kuwait – support.kw@muthyam.live

19. RESTRICTED CONTENT

1. Child Endangerment

Our App prohibits users from creating, uploading, or distributing content that facilitates the exploitation or abuse of children and will be subject to immediate deletion of the account. This includes all child sexual abuse materials.

We prohibit the use of muthyam app to endanger children. This includes but is not limited to use of apps to promote predatory behaviour towards children, such as:

  • Inappropriate interaction targeted at a child (for example, groping or caressing).
  • Child grooming (for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child).
  • Sexualization of a minor (for example, imagery that depicts, encourages or promotes the sexual abuse of children or the portrayal of children in a manner that could result in the sexual exploitation of children).
  • Sextortion (for example, threatening or blackmailing a child by using real or alleged access to a child's intimate images).
  • Trafficking of a child (for example, advertising or solicitation of a child for commercial sexual exploitation).

We will take appropriate action, if we become aware of content with child sexual abuse materials.

In addition, content that appeal to children but contain adult themes are strictly prohibited, including but not limited to:

  • Content with excessive violence, blood, and gore.
  • Content that depict or encourage harmful and dangerous activities.

We also don't allow users that promote negative body or self-image including apps that depict for entertainment purposes plastic surgery, weight loss, and other cosmetic adjustments to a person's physical appearance.

2. Inappropriate Content

To ensure that Our App remains a safe and respectful platform, we have created standards defining and prohibiting content that is harmful or inappropriate for our users.

3. Sexual Content and Profanity

We don't allow accounts that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. We don't allow app content that appears to promote or solicit a sexual act in exchange for compensation. We don't allow content that contain or promote content associated with sexually predatory behaviour, or distribute non-consensual sexual content.

If an account contains content that violates this policy it gives the absolute right to the owner to delete the account with immediate effect.

4. Hate Speech

We don't allow users that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization.

5. Violence

We don't allow apps that depict or facilitate gratuitous violence or other dangerous activities.

6. Terrorist Content

We do not permit terrorist organizations to publish content for any purpose, including recruitment. We don't allow users with content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks.

7. Dangerous Organizations and Movements

We do not permit movements or organizations that have engaged in, prepared for, or claimed responsibility for acts of violence against civilians to publish content for any purpose, including recruitment. We don't allow users with content related to planning, preparing, or glorifying violence against civilians.

8. Sensitive Events

We don't allow contents that capitalize on or are insensitive toward a sensitive event with significant social, cultural, or political impact, such as civil emergencies, natural disasters, public health emergencies, conflicts, deaths, or other tragic events.

9. Bullying and Harassment

We don't allow content that contain or facilitate threats, harassment, or bullying.

10. Dangerous Products

We don't allow users that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories. We don't allow users that provide instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons.

11. Psychotropic drugs

We don't allow users that facilitate the sale of marijuana or marijuana products, regardless of legality. We don't allow users that facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco. We don't allow users that facilitate the sale of psychotropic drugs or drugs falling under the restricted category of Drugs and Cosmetics Act and Rules 1945.

12. Synthetically Generated Information

We do not enable, permit, allow or facilitate the Users to create, generate, modify, alter, upload, host, publish, share, transmit or disseminate any information/content on or over the Application that is in the nature of synthetically generated information.

We will not tolerate creation, generation, modification, alteration, sharing, publication, transmission, dissemination or use of any synthetically generated information/content on the Application, including such content/information that is in violation of applicable laws. Once brought to our notice or if we believe any content/information is synthetically generated information, we will immediately remove or disable access to such content/information.

We don't allow users who indulge in such activities on our Application, and will suspend or terminate their membership and accounts.

We may also report commission of offences by Users to law enforcement authorities and also reveal the identity and information of a violating User to a complainant/victim of such complaint.

20. muthyam SERVICES

These Terms of Service apply to all users of Muthyam, Information provided by our users through the Muthyam Service may contain links to third party applications that are not owned or controlled by Muthyam. Muthyam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party applications. Also, Muthyam does not assume any liability for any mistakes, misinterpretation of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site/App as well as that of its Users. In addition, Muthyam is not obligated to the Users to censor or edit the content of any Users of the Application and third-party sites/apps. By using the Service, you expressly acknowledge and agree that Muthyam shall not be responsible for any damages, claims or other liability arising from or related to your creation, uploading, hosting, use, transmission, sharing or dissemination of any content on the Application (including those provided by you or other Users) and third-party application. Muthyam will also not be liable or responsible for any content or communications undertaken by the Users outside the Application. You understand that the information and opinions in the content represent solely the thoughts of the expert members and are neither endorsed by nor does it necessarily reflect Muthyam's belief.

21. ERRORS, CORRECTIONS, AND RIGHT TO MODIFY OR DISCONTINUE SERVICE AND APP/SITES

We do not represent or warrant that the Muthyam App will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Muthyam will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Muthyam at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the App/Site. Muthyam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or App/Sites (or any part thereof) with or without notice. Muthyam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.

22. GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this Terms of Usage including the determination of the scope or applicability of this Terms of Usage to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by User and Application. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bengaluru. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Bengaluru for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorney's fees and costs up to One Lakh Rupees INR.

These Terms of Usage and your use of Services shall be governed by and construed in accordance with the laws of India without giving effect to any choice of law rules and principles that would require the application of the laws of a different state or country.

The parties agree to submit any dispute arising under these Terms of Usage to the jurisdiction of a court located in Bengaluru for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

These services constitute cross-border digital supplies from India. Disputes with GCC users will first follow Muthyam's internal process; failing which, the India arbitration clause applies. This clause does not create a permanent establishment or local hiring in GCC.

23. MISCELLANEOUS

The User further agrees that if any part of these Terms of Usage, Privacy Policy or Refund Policy are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent and objectives of the original provision within the limits of applicable laws, and the remainder of these Terms of Usage shall continue in effect.

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Any waiver of any provision of the Terms of Usage shall be effective only if in writing and signed by Muthyam.

These Terms of Usage constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.