TERMS OF SERVICE

Last updated: 01 December 2017

We, My22BMI (My22BMi Labs Pvt Ltd) bring a digital healthcare (nutrition, fitness & medical) experience that combines lifestyle logging and personalized mobile coaching by a team of certified healthcare professionals to help you become healthier and to reach your health goals. Currently, several fragmented solutions exist in the market but My22BMI offers a comprehensive solution to prevent and manage Lifestyle Diseases (LDs).  Lifestyle disease management for the masses is best achieved by access to personalized coaching and tools which are easy to use and affordable. Our competitive edge is in delivering affordable and confidential access to health coaches in nutrition, fitness and medical fields by leveraging mobile app technology which allow users hassle free and accurate lifestyle logging. Learn more about our product on our website – www.my22bmi.com.

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 at the top of 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 My22BMI, constitute a valid and binding agreement between you and My22BMI.

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.

In order to register an account and access or use the Services, you may be required to provide certain information such as your full name, contact details, location, date of birth, gender, email address, password, height, weight, activity level and fitness details, goals, dietary information, allergies, medical  conditions, digestive disorders, medication details and profile picture. 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) 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 My22BMI immediately of any unauthorized use of your account or any other breach of security.

WE DO NOT REPLACE your medical practitioner

My22BMI 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. The Services provided by My22BMI, 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 My22BMI.

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 My22BMI 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, 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 My22BMI 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.

My22BMI DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE, OR GUARANTEE ANY ADVICE, INFORMATION, EXERCISE, DIET, NUTRITIONAL OR OTHER PRODUCT, 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 . My22BMI DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY COACH OR ANY ADVICE PROVIDED. My22BMI WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY COACH. NOTWITHSTANDING THE ABOVE, THE AGGREGATE MONETARY LIABILITY OF My22BMI 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 OR YOUR COMPANY 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 My22BMI 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, reports, video, messages or other materials (“User Content”) that you upload, transmit, post, publish or display (“Post”) on the Platform (application) or email or otherwise transmit or use via the Services. You acknowledge that we may use technological tools such as My22BMI app 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 My22BMI, restricts or inhibits any other person from using or enjoying the Services, or which may expose My22BMI or its users to any harm or liability of any type. You acknowledge that My22BMI 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 My22BMI, 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.

My22BMI 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 My22BMI are non-confidential and become the property of My22BMI, 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.

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 My22BMI 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 My22BMI has the authority and sole discretion to remove or take-down User Content that you post on the Platform.

My22BMI Services CONTENT

MY22BMI 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 My22BMI. A worldwide royalty-free license is granted to you by My22BMI 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 My22BMI under these Terms.

My22BMI names and logos are trademarks and service marks which are proprietary to and are owned by My22BMI. You will not, in any manner, register or attempt to register use any of the My22BMI Trademarks or proprietary material unless expressly authorized by My22BMI

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 My22BMI in the Platform and Services, including copyright in such works, belongs exclusively to My22BMI. Through your use of the Platform and Services, by no means is a license or assignment impliedly or expressly granted by My22BMI to you in respect to such works.

DOCTOR POLICY

My22BMI Service connects you with My22BMI Doctors (General Practitioners) to help and guide you on all routine medical and lifestyle challenges. My22BMIHealth Service is not for medical care. On the My22BMI Health Service, no formal medical diagnosis, treatment, or prescriptions will be provided.

ALL INFORMATION PROVIDED ON My22BMI HEALTH SERVICE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY My22BMI HEALTH SERVICE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH My22BMI IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, My22BMI HEALTH SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY My22BMI HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.

My22BMI and any advice given to you by My22BMI is intended for use only by individuals, healthy enough to perform exercise. While our My22BMI Doctors’ & health recommendations consider several factors specific to each individual, including lifestyle factors provided on your profile, we are not a medical organization, and our recommended workout plans, diets, exercises 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. My22BMI 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 My22BMI or your coach’s or My22BMIHealth Service advice. 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 above 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 of the following conditions, you are required to seek approval from a qualified healthcare practitioner prior to using My22BMI or acting on 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 problems, diabetes, high cholesterol, obesity, arthritis. We reserve the right to deny you access to the Services,  your coach or our health services 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 (My22BMI HEALTH SERVICE): WE DON’T PRACTICE MEDICINE (My22BMI HEALTH SERVICE)

The use of My22BMI 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 My22BMI 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 (My22BMI HEALTH SERVICE)

My22BMI Doctor on My22BMI Health Service are not “your” doctor, physician, or healthcare provider. When you participate in a Consult on My22BMI Health Service, you understand and agree that My22BMI Doctors on My22BMI Health Service are not your Primary Care Physician and you agree not to use My22BMI Health Service as a substitute for interactions with your Primary Care Physician. My22BMI Health Service contains Content that may help you identify services or may offer services. Everything on My22BMI Health Service, including Content accessed or Services provided through My22BMI 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 (My22BMI HEALTH SERVICE)

Interactions on My22BMI 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 My22BMIHealth 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 (My22BMI HEALTH SERVICE)

My22BMI 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. My22BMI Health Services cannot make decisions for you.

WE OFFER LIMITED DOCTOR INTERACTION, NOT A CONTINUED INTERACTION (My22BMI HEALTH SERVICE)

The use of My22BMI 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 My22BMIService.

WE’RE NOT FOR USE IN EMERGENCIES

Never use My22BMI Health Service in a potential or actual medical emergency.

WE NEED COMPLETE INFORMA­­TION

My22BMI Services can only advise you based on what you’ve described. Please ensure that you share accurate and complete information.

My22BMIHEALTH RECORDS

Your medical records include your consultation with My22BMI Doctor, your medical documents, Health Risk Assessment (HRA) Reports. You agree to the entry of your health records into the My22BMI database. Your health records would be shared with My22BMI including your My22BMI Coach/es (Dietitian & Fitness) and My22BMI Doctor. You understand that all reasonable measures have been taken to safeguard your health information, but no computer or phone system is totally secure. My22BMI recognizes your privacy and in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law.

QUALITY ASSURANCE

You understand that information collected through your use of the Services may be reviewed under a My22BMI quality assurance program. The records of the My22BMI Quality Assurance Team is subject to confidentiality. All chats, emails, audio & video calls are 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 My22BMI (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.

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.

My22BMI 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.

My22BMI MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE SITE AND SERVICES WILL BE CORRECTED.

My22BMI 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 My22BMI TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT. My22BMI 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 My22BMI 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 My22BMINOR 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 My22BMI 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 My22BMI 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 My22BMI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU OR YOUR CORPORATION 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 My22BMI, 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. My22BMI 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. My22BMI 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 My22BMI and govern your use of the Services, superseding any prior agreements between you and My22BMI with respect to the Services. The Terms will be governed by the laws of India without regard to its conflict of law provisions. You and My22BMI agree to submit to the personal and exclusive jurisdiction of the courts of Delhi, India. The failure of My22BMI 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

My22BMI 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, if applicable. At My22BMI, we respect the privacy of our users. 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.

TRANSFER OF SUBSCRIPTION

My22BMI Services are 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 My22BMI personalized coaching service.

END OF SUBSCRIPTION

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

If you don’t renew your subscriptions you can continue to use the My22BMI app to track and log your lifestyle data with no additional charges and only the coach services will discontinue.

RENEWALS

Please write to us care@my22bmi.com for  more information.

CANCELLATION POLICY

All refunds will be completed within 7-21 working days via a reversal or payment to your account or via cheque, depending on the current circumstances as determined by My22BMI

Please note: Your My22BMI is a Subscription service & can only be transferred. You cannot cancel your subscription mid-term. Hence, pro-rata refunds are not possible.

ADVERTISEMENT

My22BMI 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 My22BMI, the rights, duties or obligations under these Terms, in whole or in part, to any person or entity. My22BMI 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, kindly email us at care@my22bmi.com

If you have any questions or concerns regarding the Terms, please contact us at care@my22bmi.com

PRIVACY POLICY

Date Last Updated: 01 December 2017

We, My22BMI (My22BMI Labs Pvt. Ltd.) bring a digital healthcare (nutrition, fitness & medical) experience that combines lifestyle logging and personalized mobile coaching by a team of certified healthcare professionals to help you become healthier and to reach your health goals. Currently, several fragmented solutions exist in the market but My22BMI offers a comprehensive solution to prevent and manage Lifestyle Diseases (LDs).  Lifestyle disease management for the masses is best achieved by access to personalized coaching and tools which are easy to use and affordable. Our competitive edge is in delivering affordable and confidential access to health coaches in nutrition, fitness and medical fields by leveraging mobile app technology which allow users hassle free and accurate lifestyle logging. Learn more about our product on our website – www.my22bmi.com. For ease of reading and clarity, the Platform and the My22BMI App are collectively referred to as the “Services”. Your use of the Platform and Services are governed by the Terms of Use and other policies of My22BMI.

We know that the privacy of your personal data is very important to you. This Privacy Policy sets forth My22BMI’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from Platform visitors and users.

INFORMATION WE COLLECT

When you interact with us through the Platform and Services, we may collect Personal Data and other information from you, as further described below:

PERSONAL DATA

We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, post information or comments, respond to one of our surveys or questionnaires, register for access to My22BMI Services, allow us to access your location information (such as by using the GPS on your mobile device), or use certain My22BMI Services or access the Platform. This Privacy Policy is applicable to our collection of Personal Data through all of the abovementioned means.

The kind of personal data that we collect may include your full name, contact details, location, date of birth, gender, email address, password, height, weight, activity level and fitness details, goals, dietary information, allergies, medical  conditions, digestive disorders, medication details and profile picture.

By voluntarily providing us with Personal Data, you are consenting to our use of it, in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of My22BMI.

AGGREGATED PERSONAL DATA

In an ongoing effort to better understand and serve the users of  My22BMIServices, My22BMI may conduct research on its customer demographics and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and My22BMI may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. My22BMI may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

LOCATION INFORMATION

Our Service may collect and use your location information (for example, by requesting your location in your profile or by using the GPS on your mobile device) to provide certain functionality of our Service. We may use your location information in conjunction with your Personal Data or in an aggregate way, as described above in the “Aggregated Personal Data” section.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION

My22BMI uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to My22BMI Services, we will use your Personal Data to provide you with access to such services, in conjunction with such services and to monitor your use of such services. My22BMI, may also use your Personal Data and other personally non-identifiable information collected through the Platform to help us improve the content and functionality of the Platform, to better understand our users and to improve My22BMI Services. My22BMI and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. Email communication we send you will contain instructions permitting you to “opt-out” of receiving future communications. SMS communication that is sent to you can be opted out by writing an email to care@my22bmi.com & mentioning what you would like to opt out of.

In addition, if at any time, you wish not to receive any future communications whatsoever or you wish to have your name deleted from our mailing lists, please contact us at care@my22bmi.com.

If My22BMI intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

My22BMI is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

BUSINESS TRANSFERS

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

AGENTS, CONSULTANTS AND RELATED THIRD PARTIES

My22BMI, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

LEGAL REQUIREMENTS

My22BMI may disclose your Personal Data, if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of My22BMI, (iii) act in urgent circumstances to protect the personal safety of users of the Platform or the public, (iv) protect against legal liability.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by My22BMI other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to My22BMI through this Platform or through any other means. This includes, but is not limited to, information posted to any public areas of the Platform (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and My22BMI shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

SOCIAL MEDIAMy22BMI  may allow you to choose to access certain social media websites and services that are owned and/or controlled by third parties (like Facebook and Twitter) (such websites and services, collectively, the “Social Media Services”) through the Platform. If you elect to access and use the Social Media Services, you will be sharing your information (which may include personal data if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the policies and procedures we describe here. When you add Social Media Service accounts to My22BMI Services or log into the Platform using your Social Media Services account, we will collect relevant information necessary to enable the Platform to access that Social Media Service. As part of such integration, the Social Media Service will provide My22BMI with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider and, as a result, My22BMI shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through the Platform.

You may also have the option of posting your Services activities to Social Media Services when you access content through the Services (for example, you may post to Facebook that you performed an activity on the Service); you acknowledge that if you choose to use this feature, your friends, followers and subscribers on any Social Media Services you have enabled will be able to view such activity.

SECURITY

My22BMI takes reasonable steps to protect the Personal Data provided via the Platform and the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We have adopted reasonable security practices and procedure, as further described in our information security policy, available with our CTO to ensure that the Personal Data collected is secure. You agree that such measures are secure and adequate. While we will endeavor to take all reasonable and appropriate steps to keep secure any information which we hold about you and prevent unauthorized access, you acknowledge that, no Internet or e-mail transmission or security measure is ever fully secure or error free. In particular, e-mail sent to or from this Platform may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to My22BMI via the Internet. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by us in relation to your Personal Data.

INTERNATIONAL TRANSFER

Your information may be transferred to, and / or maintained on servers located outside of your state, province or country. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

OTHER TERMS AND CONDITIONS

Your access to and use of this Platform is subject to the Terms of Service.

CHANGES TO My22BMI’S PRIVACY POLICY

The Platform and our business may change from time to time. As a result, at times, it may be necessary for My22BMI to make changes to this Privacy Policy. My22BMI reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION AND CONTACTING My22BMI

You may change or update information in your profile, or delete your account entirely. To keep your Personal Data accurate, current, and complete, please update your profile or contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Platform or the Service.

Please also feel free to contact us, if you have any questions about My22BMI’s Privacy Policy or the information practices of this Platform.

WITHDRAWAL OF PERSONAL DATA

Further, you will have the option to not provide your consent, or withdraw any consent given earlier, provided that the decision to not provide consent / withdrawal of the consent is intimated to us in writing. If you do not provide us Personal Data or withdraw the consent to provide us with any of your Personal Data at any point in time, we shall have the option not to provide the benefits for the purpose of which the said Personal Data was sought.

AUTHORIZATION

You authorize us to collect, store, process, transfer, share, part with your Personal Data, across borders and from your country and jurisdiction to any other countries and jurisdictions across the world (including India), with our affiliates / agent / third party service provider / partners and other agencies for purposes specified under this Privacy Policy or as may be required by law.

WE MAY UPDATE THIS AGREEMENT

These terms of this Privacy Policy may change. Because your use of My22BMI Health Service means you agree to these Terms, if we revise and update these Terms, your continued use of My22BMI Health Service will mean that you accept those changes. You choose whether or not you use My22BMI Health Service. If you do not agree to all of these Terms, please do not use My22BMI Health Service.

You may contact us as follows: care@my22bmi.com

GRIEVANCE OFFICER

If you find any discrepancies or have any grievances in relation to the processing of information under this Privacy Policy, please contact us at: care@my22bmi.com

We will endeavor to respond within an appropriate timeframe.

CONTACTING US

We can address any questions, comments and concerns about our online privacy practices and policy. Please write to Mr. Vipin Tyagi at Vipin.tyagi@my22bmi.com