Neero Health Terms of Use

Date of Last Revision: July 6, 2022

If you have any questions on the terms laid out below, please contact support@Neerohealth.com.Welcome and thank you for your interest in Neero Health! These Terms of Use (the “Agreement”) describe the terms and conditions applicable to your use of neerohealth.com (the “Site”), and the Neero Health mobile application (the “Mobile App”) (collectively, the “Services”). The Site and Mobile App are owned and operated by Neero Health Inc.

In this Agreement, we refer to ourselves as “Neero Health” or “Neero” or “us” or “we”; we refer to you as “you” or “User.” Neero and User are referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

By accessing or using the Services, including access of the Site, you intend and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy (available at neerohealth.com/privacy), which is incorporated by reference. If you do not agree to these terms and conditions, you may not use the Services.
Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and a dispute resolution clause at Section 18 that provides for mandatory arbitration and waiver of class actions.

TERMS OF USE:

‍1. Eligibility.
The challenge(s) are open only to persons above the age of 18 years.
Neero Health may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the challenges(s). Persons who wish to participate must have a valid email address and mobile phone number.
Neero Health may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be not eligible to participate in paid challenges.

‍2. Term.
These Terms of Use will remain in full force and effect while you use the Site/app and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site/app, and/or prohibit you from using or accessing the Site/app (or any portion, aspect or feature of the Site/app) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 or not an Authorized Minor. You may terminate your membership at any time for any reason provided that if you are in an ongoing challenge you will continue to be bound by the terms of that challenge until that challenge/game terminates.

3. Registration Data; Account Security.
You agree to
(a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site/app (“Registration Data”);
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

4. User Rights and Limitations. ‍
a. The User has a nonexclusive, non-transferable, limited, and revocable right to use the Site/app solely for User’s personal, non-commercial use. The User will not use the Site/app for any other purpose, including any commercial purpose, without the Company’s prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User’s account or otherwise posted, transmitted, or shared by the User on or through the Site/app will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site/app in a manner consistent with any and all applicable laws and regulations.
‍b. The User agrees not to use the Site/app/app or to authorize any other person to use the Site/app to:
i. cause the Site/app, or any portion thereof, to be framed in such a way that the Site/app, or any portion thereof, appears on the same screen with a portion of another webSite/app;
ii. harvest or collect email addresses or other contact information of other users from the Site/app by electronic or other means for any reason outside challenge play, including sending unsolicited emails or other unsolicited communications;
iii. use the Site/app in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site/app;
iv. use automated scripts to collect information from or otherwise interact with the Site/app;
v. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players’ written permission;
vi. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
vii. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
viii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
ix. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
x. upload, post, transmit, share, store or otherwise make publicly available on the Site/app any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
xi. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
xii. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xiii. intimidate or harass other Users;
xiv. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xv. use or attempt to use another’s account, service, or system without authorization from the Company, or create a false identity on the Site/app;
xvi. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site/app, or which may expose the Company or its users to any harm or liability of any type;
xvii. manipulate your use of Neero Health Integration Partner services so as to misrepresent or deceive regarding your actual use of the services such as misrepresenting your activity that affects a group fitness challenge goals and results;
xviii. manipulate the group fitness challenge including colluding among Participants or otherwise manipulating the natural course of the group fitness challenge;
xix. participate in more than the allowable number of concurrent group challenges;
xx. without limiting any of the foregoing, you also agree to abide by our Neero Health Code of Conduct that provides further information regarding the authorized conduct of users on any Neero Health Site/app.

5. Proprietary Rights in Site/app Content; Limited License.‍
a. Proprietary Rights. The User acknowledges and agrees that all content on the Site/app, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the “Site/app Content”), are the property of Neero Health and its content providers and that the Company and its content providers retain all right, title, and interest in the Site/app Content. No Site/app Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Neero Health’s prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site/app.
‍b. Limited License. Provided that the User is eligible to use the Site/app, the User is granted a limited license to access and use the Site/app and the Site/app Content and to download or print a copy of any portion of the Site/app Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site/app Content on any Internet, Intranet, or Extranet Site/app or incorporate any Site/app Content in any other database or compilation, and any other use of the Site/app Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site/app or the Site/app Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

6. User Content Posted on the Site/app.‍
a. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site/app (collectively the “User Content”). You may not post, transmit, or share User Content on the Site/app that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site/app and may delete or remove (without notice) any Site/app Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Neero Health Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site/app or provide to the Company.
b. License. When you post User Content to the Site/app, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site/app. By posting User Content to any part of the Site/app, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site/app or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, except that the Company shall retain such license to the extent that the Company has incorporated such content onto its content Site/apps or in its advertising or promotional materials, and shall have the right to retain archived copies of such content.
‍c. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site/app (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Intellectual Property.
a. Trademarks. Neero Health, Neero Health Group Fitness Challenge/Games/Contests, Neero Health Group Challenge/games/contests, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks, or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.b. Copyright Protection.
‍i. You may not post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and posted on the WebSite/app without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
ii. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site/app and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company’s intellectual property rights specifically.

8. Third Party WebSite/apps and Content.
a. The Site/app contains (or you may be sent through the Site/app to) links to other web Site/apps (“Third Party Site/apps”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Site/apps and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Site/apps accessed through the Site/app or any Third Party Applications, Software or Content posted on, available through or installed from the Site/app, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Site/apps or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site/app or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site/app and access the Third Party Site/apps or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site/app to which you navigate from the Site/app or relating to any applications you use or install from the Site/app.
‍b. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warranties about the quality or safety of such products, either explicit or implied.

9. Disputes between Users.
You are solely responsible for your interactions with other Neero Health users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

10. Neero Health Fees/Participation.
‍Neero Health’s fees to participate in challenges/contests/games, subscription fees to use Neero Health Site/Apps including payment and refund requirements, are set forth in the various challenge rules and FAQ’s. These fees may change from time to time. Fees include direct fees as well as a percentage of the payouts. We recommend users to refer to challenge/game/contest rules before joining them.

By entering a challenge, user agrees to be bound by these Terms and the decisions of Neero Health. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a challenge, refuse to award cash prizes and require the return of any cash prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
a. Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Neero Health to enter a challenge and/or claim a prize/winning.;
b. Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter . challenge or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
d. Colluding with any other user(s) or engaging in any type of syndicate play;
e. Any violation of Contest rules or the Terms of Use;
f. Accumulating cash prizes through unauthorized methods such as automated bots, or other automated means;
g. Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
h. Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
i. Tampering with the administration of a challenge or trying to in any way tamper with the computer programs or any security measure associated with a challenge;
j. Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Neero Health Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse);
k. It is clarified that in case a User is found to be in violation of this policy, Neero Health reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
l. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Neero Health has on third parties, any transactions on Neero Health app may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'wal'let Account or Winnings Account may take up to 24 hours to reflect in the User's 'wallet' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'wallet' Account or Winnings Account may take up to 24 hours to reflect in the User's 'wallet' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Neero Health in respect of any delay, including any lost opportunity to join any challenge or match due to delay in crediting of transaction amount into any of the User's accounts.
m. A transaction, once confirmed, is final and no cancellation is permissible.
n. Neero Health may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.

11. Disclaimers.
a. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site/app, whether posted or caused by users of the Site/app, by Neero Health, by third parties, or by any of the equipment or programming associated with or utilized in the Site/app. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site/app and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site/app or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site/app.
‍b. Availability and Data Integrity. The Site/app may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any webSite/app or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site/app. Under no circumstances shall the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death or to losses of rewards on Neero Health, resulting from anyone’s use of the Site/app, any User Content or Third Party Applications, Software or Content posted on or through the Site/app or transmitted to Users, or any interactions between users of the Site/app, whether online or offline.
c. Viruses and Malware. The Company does not represent or warrant that the software, content or materials on the Site/app, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site/app, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
d. Health Disclaimer. Neero Health is not a medical organization. Nothing contained in this Agreement or on the Site/app should be construed as medical advice. The information offered by Neero Health and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that Neero Health has no knowledge of any User’s health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. User shall satisfy himself or herself, including consulting with a physician before participating in any Neero Health challenge. Neero Health may from time to time provide advice and comments as to health and wellness issues on its webSite/app or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. Neero Health does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its Site/app.
e. Results. We believe challenges/games/contests posted on Neero Health site/apps when proposed, accepted, and rewarded properly, will help most people to reach their goals, including being healthier, learning, or improving their lives in other ways. The Company cannot guarantee and does not promise any specific results from use of the Site/app and/or any Third Party Applications, Software, or Content. In no case shall the Company be responsible to you for losing money should you  send or accept a Neero Health challenge/game/contest on any Neero Health Site/apps.
f. Not a game of chance. Neero Health challenges are not games of chance. The intent of the program is to reward Participants only for actions over which they have control or influence. The use of this program to reward Participants for actions over which they have no control or influence is strictly prohibited.
g. Organizers. Neero Health challenges/games/contests can be organized/created/facilitated by an individual user not associated with the Neero Health Inc or associated with other corporations representing as employees/management team member of the corporations. These challenges may be private or open to the public.
Neero Health Inc can organize/create/facilitate challenges/games/contests for a user or groups of users for better participation experience and discovery within Site/app.
h. Hosts. Neero Health challenges/games/contests may be hosted by individuals who may or may not be associated with the company. Neero Health is not responsible for any advice or tips they may offer in their challenges. If Hosts offer specific prizes in their challenges, they are responsible for delivering those prizes directly to players in the challenge. Neero Health is under no obligation to fulfill those prizes or incentives.
i. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your challenge’s Organizer or Host, including violating Neero Health’s rules, Terms of Use, or for displaying bad sportsmanship in the judgment of your Organizer or Host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your challenge’s Organizer or Host has the absolute and unappealable right to eject anyone in the challenge. If you are not comfortable giving the Organizer or Host this power, do not play.

12. Neero Health Rewards.
Users of Neero Health Site/app can top-up/load cash in their wallet or withdraw cash from their wallet to any external account anytime and cash remaining in the wallet of users never expires and it is a liability of Neero Health towards users to pay the balance amount in wallet of user upon demand within stipulated time.  
Neero Health Users can participate in any challenges/games/contests posted on site/app for free or for a fee as mentioned on the challenge/game/contest description. Some challenges/games/contests may permit users to participate with no limit participation fee which means a user or group of users can participate with any amount of money. Their winning upon successfully completing the challenge will be in proportion to their contribution to the prize pool of the challenges/games/contests. For more information, please refer to the Rules & Information section on challenges/games/contests description.

13. Reservation of Rights.
The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site/app at any time without notice; modify and/or discontinue the Site/app at any time without notice; and terminate your username, password and account, should you be in violation of the Terms of Use.14. Disclaimer of Representations, Etc.
THE Site/app AND THE Site/app CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE Site/app AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

15. Limitation on Liability.
a. Users shall access the Neero Health Services provided on Neero Health voluntarily and at their own risk. Neero Health shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Neero Health Services (including participation in the challenge(s)) or as a result of acceptance of any prize. In no event will company or its directors, employees or agents be liable to you or any third person for direct or indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits or lost data arising out of the use of the site/app or any third party applications, software or content of any of the site/app content or other materials on, accessed through or downloaded from the site/app, even if the company is aware or has been advised of the possibility of such damages.
b. Neero Health accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the cash prizes.
c. Users shall be solely responsible for any consequences which may arise due to their access of Neero Health Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Neero Health Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Neero Health and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Neero Health on account of such act on the part of the Users.
d. Notwithstanding anything to the contrary contained in herein, the company’s liability to you for any cause whatsoever, and regardless ofthe form of action, will at all times be limited to the amount paid, if any, by you to us for the site/app during the term of this agreement and in no case will exceed equivalent to Indian rupees 10,000. The company shall bear no liability for any amounts lost through a bet made on or through the site/app. You acknowledge thatif no fees are paid to the company for use of the site/app, you shall be limited to injunctive relief only, unless otherwise permitted by law and shall not be entitled to damages of any kind from the company, regardless of of the cause of action.
e. Users shall indemnify, defend, and hold Neero Health harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Neero Health or participation in any challenge. In no event shall Neero Health be liable to any User for acts or omissions arising out of or related to User's engagement with the Neero Health or his/her participation in any challenges(s).
f. In consideration of Neero Health allowing Users to access the Neero Health Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Neero Health, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Neero Health Services or related to the Contests or the prizes of the Contests.

16. Indemnity.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site/app, your use of the Site/app, your conduct in connection with the Site/app or with other users of the Site/app, or any violation of this Agreement or of any law or the rights of any third party.

17. Communications from Neero Health.
By participating in Neero Health challenges/games/contests you acknowledge that during the challenge you will automatically receive certain messages related to the challenges/games/contests. We default to opt-out because we believe these challenge-related messages are fundamental to the experience of playing. You may control your notifications preferences from our Site/app and opt-out or (or opt back into) messaging at any time. Please see our Privacy Policy for how we protect the private data that you entrust to us.

18. Mandatory Arbitration and Waiver of Class Actions.
PLEASE READ THIS SECTION CAREFULLY IF YOU ARE BASED IN THE U.S.. IT PROVIDES FOR THE USE OF BINDING ARBITRATION TO RESOLVE CERTAIN DISPUTES BETWEEN US AND PROVIDES FOR A WAIVER OF CLASS ACTIONS.The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. You and the Company each waive the right to a trial by jury and to participate in any class action, in a court or in arbitration, with respect to any claim or dispute covered by this provision. Except as specifically provided below, all disputes, controversies or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement shall be finally settled by binding arbitration in Delaware in accordance with the consumer procedures and rules of the American Arbitration Association and shall not involve any class action in a court or in arbitration. You acknowledge that that you have been advised that you may consult with an attorney in deciding whether to accept these Terms of Use with their obligation to arbitrate and their waiver of class actions and of trial by jury.This agreement to arbitrate shall not apply, at the option of the Company, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), and the Company may seek injunctive relief in court to prevent unauthorized use of such rights and shall not be required to arbitrate such dispute.19. Miscellaneous.
a. Governing Law; Venue and Jurisdiction. By visiting or using the Site/app, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Delaware.
b. Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
‍c. No Agency, Etc. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the WebSite/app.
d. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the following provisions of these Terms of Use shall survive any such termination: the introductory provisions; all provisions relating to rights and limitations on rights (except that all rights of users shall terminate on the termination of this Agreement); all disclaimer, limitation on liability, and indemnity provisions; and Sections 18 and 19 of this Agreement.
‍e. Prohibited Use. Use of the Site/app where prohibited is void.
f. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site/app, superseding any prior agreements between you and the Company relating to your use of the Site/app. This Agreement may not be changed orally.
g. Other.
- The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.
- Neero Health shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Neero Health’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. In such circumstances, Neero Health shall also be entitled to cancel any related challenge/contest/game and to process an appropriate refund for all Participants.
- Neero Health reserves the right to moderate, restrict or ban the use of the Neero Health, specifically to any User, or generally, in accordance with Neero Health’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
- Neero Health may, at its sole and absolute discretion, permanently close or temporarily suspend any Neero Health Services (including any challenge/contest).
- Neero Health may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Neero Health platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.19. Disputes between Users.
You are solely responsible for your interactions with other Neero Health users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

20. Standard Terms and Conditions of "Invite Friends" program.
a. The Neero Health Invite Friends Program lets you invite friends to join Neero Health Site/app. In the event that you and your referred friend meet the criteria and complete all the steps specified in these terms, you can earn a Cash Bonus from Neero Health of upto Rs. 500 ("Bonus Amount"), which Bonus Amount will be redeemable to join group challenges/contests/games through the Neero Health’s mobile application for the iOS and/or Android mobile devices ("Neero Health Application") and your friend will receive cash bonus.
b. Eligibility – All users who: (i) have an account registered with Neero Health site/app; and (ii) are eligible to participate in the group fitness challenges (as per the Neero Health’s terms and conditions); and (iii) have downloaded and installed the Neero Health Application on their respective mobile devices, will be eligible to participate in the chalenges/contests/games. Participation in the challenges by proxy is not permitted.
Participation in the challenges is voluntary. A user shall not register or operate more than one user account with Neero Health and shall not participate in the challenges with more than one user account with Neero Health.

MEMBERSHIP PROVISIONS
We encourage good-natured challenges and incentives in the spirit of friendly competition and self-improvement, but we also intend for Neero Health to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using Neero Health and for posting messages, photos, video and other content (“Content”) on Neero Health, which rules are set forth in the Terms of Use and in this Code of Conduct.

WHEN YOU PARTICIPATE IN A Neero Health challenges/games/contests, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON Neero Health OR ANY OF IT’S Site/appS, WITH OR WITHOUT NOTICE, AS DETERMINED BY Neero Health IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of Neero Health and the other rights and remedies of Neero Health.

NEERO HEALTH CODE OF CONDUCT
We encourage good-natured challenges and incentives in the spirit of friendly competition and self-improvement, but we also intend for Neero Health to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using Neero Health and for posting messages, photos, video and other content (“Content”) on Neero Health, which rules are set forth in the Terms of Use and in this Code of Conduct.WHEN YOU PARTICIPATE IN A Neero Health challenge/game/contest, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON Neero Health OR ANY OF IT’S Site/appS, WITH OR WITHOUT NOTICE, AS DETERMINED BY Neero Health IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of Neero Health and the other rights and remedies of Neero Health.

Neero Health’s Anti-cheating provisions
Neero Health expects and requires fairness on the part of its Participants. To assure compliance with its standards, Neero Health reserves the right to require additional audit of results. Some players may be required to submit additional proof of their final submission within 24 hours of being requested to do so. Instructions on the process will be sent to the player upon being notified of this requirement. Non-compliance by a player with these requirements will result in forfeiture of a player’s winning proceeds and initial bet. Further, Neero Health may in its complete discretion decline to permit any individuals to participate in Neero Health challenges. By participating in a Neero Health challenge, the player accepts all of Neero Health’s terms and conditions and acknowledges that the decisions of Neero Health’s officials shall be final and conclusive with respect to all matters involving Neero Health challenges. SUBMISSION OF FRAUDULENT INFORMATION NOT ONLY VIOLATES Neero Health’S CHALLENGE RULES BUT MAY SUBJECT THE PLAYER TO CRIMINAL PENALTIES

THIRD-PARTY CONTENT
Neero Health allows you to upload and share user-generated Content with your friends, including photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and videos of a personal nature that: (i) are of you or others, (ii) are taken by you or others, or (iii) are original art or animation created by you or others. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using Neero Health, you may not: • upload or share any photographs, videos or other Content other than original works that are created by you or another user • post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party • attempt to circumvent any content filtering techniques we may employ.

INAPPROPRIATE CONTENT & CHALLENGES
While we believe users should be able to express themselves and their point of view, certain kinds of speech are not welcome in the Neero Health community. Therefore, you may not post or share Content or create Challenges, either group or individual,  that are:obscene, pornographic, or sexually explicit depicts graphic or gratuitous violence makes threats of any kind or that intimidates, harasses, or bullies anyone is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful.

UNLAWFUL OR HARMFUL CONTENT OR CONDUCT
Although as an online service provider we are not responsible for the conduct of our users, we want Neero Health to be a safe place on the internet. Therefore, in using Neero Health, you may not: • violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense • impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity • use Neero Health to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation • post or share any personally identifiable or private information of any third party • solicit passwords or personal information from anyone, including those under 13 • use information or content you obtained on the Neero Health webSite/app or service in any manner not authorized by the Neero Health Code of Conduct or Terms of Use • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment • register for more than one account; use or attempt to use another’s account, service, or system without authorization; or create a false identity on the Service or the Site/app • engage in any predatory or stalking conduct or taking any action that harasses or embarrasses other usersThis Code of Conduct is subject to change or termination at any time at Neero Health’s sole discretion.

This Code of Conduct is subject to change or termination at any time at Neero Health’s sole discretion.