Terms of Use & User Agreement
Wealth – Mutual Fund Platform – digiRM
Welcome to digiRM's Terms of Use. These Terms of Service ("Terms") govern your access to and use of the digiRM mobile application, website (www.digirm.com), web-app, dashboards, APIs, portals and all present and future digital interfaces (collectively, the "Platform") operated by digiRM Services, having its registered office at 1518, Tower 3, Lodha Crown, Majiwada, Thane – 400 601, Maharashtra, India, in relation to its mutual fund information, comparison, tracking and transaction-facilitation services ("MF Services").
Definitions & Interpretation
Definitions
- "Platform" means the digiRM mobile application, website, web application, dashboards, APIs, portals and all present and future digital interfaces operated by the Company. References to the "Website" and the "Platform" shall be construed interchangeably.
- "MF Services" shall include mutual fund schemes and, where applicable, Specialized Investment Funds (SIF) distributed in accordance with applicable regulatory approvals.
- "User" means any individual who accesses, registers, subscribes to or uses the Platform.
- "Third-Party Infrastructure Providers" means service providers such as MF Utility (MFU), registrars, payment gateways and other infrastructure entities involved in processing transactions.
Interpretation
- Words importing the singular shall include the plural and vice versa; words importing any gender shall include all genders.
- Headings and sub-headings are inserted for convenience only and shall not affect the interpretation of these Terms.
- References to any statute, law or regulation shall include any amendment, re-enactment or replacement thereof for the time being in force.
- References to "including" or "includes" shall be construed as "including without limitation".
- References to the "Platform", "we", "us" or "our" shall mean digiRM Services, and references to "you", "your" or "User" shall mean the person accessing or using the Platform.
- Any reference to a day shall mean a calendar day, and references to writing shall include electronic communications.
Platform Overview
digiRM is a digital technology platform operated by digiRM Services, accessible through its mobile application, website and all present and future digital interfaces. The Platform provides information technology-enabled tools, dashboards, calculators, educational resources, third-party analytics, ratings and transaction facilitation utilities that assist users in researching, comparing, tracking and facilitating investments in mutual fund schemes.
The Platform operates as a technology-enabled interface providing access to information, tools, analytics and transaction-facilitation utilities in relation to mutual fund schemes and, where applicable, other permitted investment products.
Where mutual fund related activities involve order placement, transaction processing or execution, such activities are carried out in accordance with applicable law either directly in the licensed capacity of the Company as a registered Mutual Fund Distributor holding a valid AMFI Registration Number (ARN), or through authorized infrastructure service providers.
The Platform may, from time to time, introduce additional financial tools, dashboards, analytics engines, partner integrations and related digital financial utilities, all of which shall automatically form part of the Platform and be governed by these Terms.
Target Audience
The Platform is intended for individuals who are legally competent to contract under applicable law and who seek access to general mutual fund information, analytics, tracking tools and transaction-facilitation utilities for their own investment decision-making.
The Platform functions as an information and technology facilitation interface and is not designed to operate as, nor should it be relied upon as, a professional investment advisory, portfolio management, distribution or custodial service. Users remain solely responsible for ensuring their own eligibility prior to accessing or availing the MF Services.
Nature & Purpose of the Platform
The Platform is a technology-driven digital interface designed to provide users with access to informational tools, calculators, dashboards, educational content, third-party analytics, ratings and transaction-facilitation utilities in relation to mutual fund schemes.
All investment decisions are taken solely by users based on their own judgment and discretion. The Platform does not provide portfolio management services or discretionary investment management, and does not assume custody of investor funds or securities. The Platform does not guarantee the performance of any mutual fund scheme, the achievement of returns or the suitability of any investment for any user.
Website Contents
All content made available on the Platform, including but not limited to text, data, graphics, charts, tables, calculators, dashboards, research materials, third-party analytics, ratings, NAV information, logos, trademarks, software, interfaces, designs and other materials ("Content"), is owned by or licensed to digiRM Services and is protected under applicable intellectual property laws.
The Content is provided solely for informational and personal use. Users shall not copy, reproduce, modify, distribute, publish, transmit, sell, license, reverse engineer or commercially exploit any Content without the prior written consent of the Platform.
Content and data sourced from third-party providers are provided on an "as is" basis. The Platform does not warrant the accuracy, completeness, reliability or suitability of such Content. The Platform reserves the right to modify, update, replace or remove any Content at any time without prior notice.
Website Usage & User Responsibilities
Users agree to access and use the Platform solely for lawful, personal and non-commercial purposes in accordance with these Terms and all applicable laws and regulatory requirements.
Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities carried out through their account. Users shall immediately notify the Platform of any unauthorised access or suspected security breach.
Users shall not misuse the Platform, including but not limited to attempting unauthorised access, interfering with Platform operations, reverse engineering any part of the Platform, uploading malicious code, manipulating data, or using the Platform in a manner that violates applicable law.
Users acknowledge that all investment decisions are made at their own discretion and risk. The Platform reserves the right to suspend or terminate user access in case of misuse or breach of these Terms.
Scope of Services
The Platform enables the distribution and execution of mutual fund transactions in accordance with applicable law and through the Company acting in its capacity as a registered Mutual Fund Distributor holding a valid AMFI Registration Number (ARN). All such transactions are carried out only on the basis of instructions provided by the user.
The Platform does not manage investments on a discretionary basis, does not take investment decisions on behalf of users, and does not hold or control any investor funds or securities.
Any regulated activities offered through the Platform are limited strictly to the scope permitted under the applicable licences and regulatory framework.
Distributor Capacity & Execution Disclosure
Where facilitation, execution or transmission of mutual fund transactions is undertaken, such activities are carried out strictly in the capacity of a duly registered Mutual Fund Distributor holding a valid AMFI Registration Number (ARN), and in compliance with applicable SEBI and AMFI regulations.
Where the Platform facilitates access to Specialized Investment Funds (SIF), such offerings shall be subject to applicable regulatory framework, eligibility criteria and distributor authorisation, and may differ in structure, risk profile and regulatory treatment from mutual fund schemes.
Regular Plan & Commission Disclosure
It is hereby expressly disclosed that investments are made under Regular Plans of mutual fund schemes, which involve payment of commission to the distributor, in accordance with applicable SEBI and AMFI regulations.
The Platform clearly identifies such scheme categorisation at the point of investment, and by proceeding with any transaction, the User acknowledges and accepts the same.
Legal Framework & Compliance
The Platform is maintained in compliance with the applicable laws and regulatory frameworks, including:
- The Securities and Exchange Board of India Act, 1992 and rules, regulations, circulars and guidelines issued thereunder.
- The Association of Mutual Funds in India (AMFI) Code of Conduct.
- The Information Technology Act, 2000.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The Digital Personal Data Protection Act, 2023.
- The Consumer Protection Act, 2019.
- Such other laws or governmental directions as may be applicable from time to time.
Workflow of Operations
- User Registration: Users register on the Platform by providing basic personal and regulatory information required for account creation and compliance purposes.
- Profile Creation: Users may complete their profile by providing PAN, KYC details and other information required by regulatory requirements.
- Access to Information Tools: The Platform provides access to dashboards, calculators, analytics, educational content and third-party research.
- Transaction Facilitation: The Platform facilitates integration with authorized infrastructure service providers such as MFU, registrars and payment systems.
- Execution: All mutual fund transactions are executed in the capacity of the Company as a registered Mutual Fund Distributor, through authorized infrastructure providers.
- Portfolio Tracking & Reporting: Users may track portfolio performance, holdings and transaction history through dashboards and third-party integrations.
Eligibility
To access and use the Platform and the MF Services, you must be legally competent to contract under the laws of India and be eligible to invest in mutual fund schemes in accordance with applicable laws and regulatory guidelines.
By accessing or using the Platform, you represent and warrant that you satisfy all eligibility requirements and that all information provided by you is true, accurate and complete.
The Platform reserves the right to restrict, suspend or terminate access in the event of any non-compliance with applicable eligibility requirements.
User Content
The Platform may allow Users to upload or submit content ("User Content"). Users retain ownership of their User Content. By submitting User Content, you grant digiRM a non-exclusive, royalty-free, worldwide and revocable license to host, store, process, transmit and use such User Content solely for the purpose of operating, providing, improving and facilitating the Platform and the MF Services.
You represent and warrant that you have all necessary rights, consents and authorizations to submit User Content and that such User Content does not violate any applicable law or infringe any third-party rights.
digiRM reserves the right to review, moderate, remove or permanently delete any User Content, and to suspend or terminate user accounts where such Content violates these Terms or applicable law.
Indemnity
You agree to indemnify, defend and hold harmless digiRM Services from and against any and all claims, demands, losses, liabilities, damages, penalties, costs and expenses arising out of or in connection with:
- Your access to or use of the Platform and the Services.
- Your breach of these Terms or any applicable law.
- Your violation of any rights of any other user or third party.
- Any User Content submitted by you.
- Any misrepresentation or omission made by you in connection with your use of the Platform.
To the maximum extent permitted by applicable law, the Platform shall not be liable for any indirect, incidental, special, consequential or punitive damages.
Limitation of Liability
The Platform shall not be responsible or liable for any loss, damage or consequences arising out of or in connection with:
- Any interruption or non-availability of the Platform caused by internet connectivity issues, server failures, system errors, third-party service outages or force majeure events.
- Any inaccurate, incomplete or erroneous information or data provided by you, or any deletion, corruption or loss of your data.
- Any delay, failure or inability to transmit or receive communications.
- Any deficiency, defect, suspension or modification in the Services.
- Any failure or malfunction of any third-party services, APIs, cloud infrastructure or integrated systems.
The Platform, Services and all Content are provided on an "as is" and "as available" basis without warranties of any kind. The Platform's total cumulative liability shall be limited in accordance with the Liability Cap specified in these Terms.
Term & Termination
These Terms shall come into effect from the date you access or use the Platform and shall remain in force for as long as you continue to access or use the Platform. You may discontinue use at any time.
The Company reserves the right to suspend, restrict or terminate your access to the Platform, with or without notice, in the event of any breach of these Terms, non-compliance with applicable law, provision of false or misleading information, security concerns, or for operational, legal or regulatory reasons.
Upon termination, your right to access and use the Platform shall immediately cease, without prejudice to any rights or remedies available to the Company.
Communication
By using the Platform, you consent to receive communications from the Company through electronic means including email, SMS or in-app notifications for service-related, transactional and regulatory purposes.
Reporting mail ID: compliance@digirm.com
User Obligations & Undertakings
By accessing and using the Platform, you expressly agree, undertake and covenant that:
- You shall use the Platform solely for lawful, personal and non-commercial purposes.
- You shall provide true, complete and accurate information and shall not misrepresent your identity or eligibility.
- You shall not use the Platform for unauthorized investment advice, solicitation, or any regulated activity requiring statutory registration.
- You shall not attempt to gain unauthorized access to the Platform, its servers, databases or source code.
- You shall not manipulate, scrape, copy, reverse engineer, modify, distribute or commercially exploit any part of the Platform.
- You shall not upload any unlawful, misleading, defamatory, obscene, harmful or infringing content.
- You acknowledge that all investment decisions are taken solely at your own discretion and risk.
- You shall comply with all instructions, guidelines and policies issued by the Platform.
- You shall immediately notify the Platform of any unauthorized use of your account.
- You shall indemnify the Platform against any loss arising from breach of these undertakings.
Suspension of User Access & Activity
The Platform reserves the right to suspend, restrict, disable or terminate a User's access temporarily or permanently in the following circumstances:
- Violation of these Terms, the Privacy Policy or any applicable law.
- Fraudulent, unlawful, abusive, harmful or suspicious activities.
- Submission of false, misleading or incomplete information.
- Actions posing a security, legal or reputational risk to the Platform.
- Requirement pursuant to any legal, regulatory or governmental directive.
- Continued access adversely affecting the operation, security or integrity of the Platform.
Intellectual Property Rights
All intellectual property rights in and to the Platform ("Platform IP") are owned by or lawfully licensed to the Company and are protected under applicable intellectual property laws.
The User is granted a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform strictly in accordance with these Terms. No right, title or interest in the Platform IP is transferred to the User.
The User shall not copy, reproduce, modify, reverse engineer, distribute, publish, sell, commercially exploit or create derivative works from any part of the Platform IP. All third-party trademarks displayed on the Platform are the property of their respective owners.
Unauthorized use of the Platform IP may result in suspension or termination and may give rise to civil and criminal liability.
Disclaimer of Warranties & Liabilities
You are accessing the Platform at your sole risk and are using your best and prudent judgment before availing of any features or accessing any information displayed thereon.
Any information, resources, activities, or recommendations obtained from the Platform will not create any warranty and we disclaim all liabilities resulting from these.
We do not guarantee that the features and content will be uninterrupted or error-free, or that the Platform will be free of viruses or other harmful components.
Customer Acceptance
By accessing, registering on, browsing or using the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms of Service, together with the Privacy Policy, Disclaimer Policy and all other applicable policies. Your continued access constitutes ongoing acceptance of these Terms.
If you do not agree with any part of these Terms, you must refrain from accessing or using the Platform and its services.
Force Majeure
The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control ("Force Majeure Event"), including acts of God, natural disasters, epidemics or pandemics, fires, floods, war, terrorism, riots, strikes, governmental actions, power failures, internet or telecommunications outages, cyber incidents, failure of third-party service providers, and any other event beyond the reasonable control of the Company.
During a Force Majeure Event, the Company's obligations shall be suspended for the duration of such event. Nothing in this clause shall excuse payment obligations that have already accrued.
Dispute Resolution & Jurisdiction
These Terms shall be governed by the laws of India. Subject to arbitration provisions below, each party irrevocably submits to the exclusive jurisdiction of the courts of Thane, Maharashtra, India.
Disputes shall first be settled amicably. If not resolved within fifteen (15) days, either party may refer the dispute for resolution by arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a sole arbitrator, with the seat and venue in Thane, Maharashtra, India, and proceedings in English.
The arbitration award shall be final and conclusive and enforceable in any court of competent jurisdiction.
Miscellaneous Provisions
Entire Agreement
These Terms, read with the Privacy Policy and Disclaimer, form the complete and final contract between us and supersede all other communications and agreements relating thereto.
Severability
If any provision is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Contact Us
digiRM Services
No. 1518, Tower 3, Lodha Crown,
Majiwada, Thane – 400601, Maharashtra, India.
Email: compliance@digirm.com
Terms of Use & User Agreement
Wellness – AI Health Platform – digiRM
Welcome to digiRM's Terms of Use. These Terms of Service ("Terms") govern your access to and use of the digiRM mobile application, website (www.digirm.com), web-app, APIs, dashboards, portals and all present and future digital interfaces (collectively, the "Platform") operated by digiRM Services, having its registered address at No. 1518, Tower 3, Lodha Crown, Majiwada, Thane – 400601, Maharashtra, in relation to its AI-powered health, nutrition and wellness software services ("Wellness Services").
Definitions & Interpretation
Definitions
- "Platform" means the digiRM mobile application, website, web-app, dashboards, APIs, portals and all present and future digital interfaces operated by the Platform.
- "Services" means the AI-based wellness tools, nutrition analysis, lifestyle insights, content engines, reports, biomarker processing, dashboards, educational content, subscriptions and all related digital wellness utilities.
- "User" means any individual who accesses, registers, subscribes to or uses the Platform.
- "AI Output" means any information, insights, recommendations, analytics, reports or content generated using artificial intelligence models and third-party APIs.
- "Biomarkers" means non-clinical wellness indicators derived from user-provided or system-captured inputs including voice-based parameters, facial recognition or facial-analysis derived indicators, image-based parameters, behavioral patterns, and lifestyle-derived data, used solely for wellness analytics and shall not be construed as medical diagnostic data.
- "Third-Party APIs" means external software, AI engines, data services and cloud platforms integrated into the Platform.
- "Subscription" means any paid or free plan that provides access to the Services.
- "Personal Data" means data as defined under the Digital Personal Data Protection Act, 2023.
Interpretation
- Words importing the singular shall include the plural and vice versa; words importing any gender shall include all genders.
- Headings and sub-headings are inserted for convenience only and shall not affect the interpretation of these Terms.
- References to any statute, law or regulation shall include any amendment, re-enactment or replacement thereof.
- References to "including" or "includes" shall be construed as "including without limitation".
- References to the "Platform", "we", "us" or "our" shall mean digiRM Services, and references to "you", "your" or "User" shall mean the person accessing or using the Platform.
- Any reference to a day shall mean a calendar day, and references to writing shall include electronic communications.
Platform Overview
digiRM is a technology-driven digital wellness platform operated by digiRM Services. The Platform provides AI-enabled wellness software solutions, tools and digital services designed to assist users in tracking lifestyle patterns, analyzing food intake, generating wellness insights, delivering educational content, offering non-clinical lifestyle recommendations and providing personalized wellness experiences through artificial intelligence and integrated third-party technologies.
The Platform functions as a wellness-support and information facilitation system and does not operate as a healthcare provider, medical practitioner, diagnostic laboratory, hospital, clinic or pharmaceutical service. All wellness insights, lifestyle suggestions, nutrition-related outputs and content are intended solely for general wellness and informational purposes and shall not be construed as medical advice, diagnosis, treatment or prescription of any kind.
The Platform may, from time to time, introduce additional wellness tools, AI modules, dashboards, digital content, integrations, subscription plans and related wellness services. The Platform may also analyse user-provided images, facial features or other visual inputs for the purpose of generating non-clinical wellness indicators and lifestyle insights.
Target Audience
The Platform is intended solely for individuals seeking general wellness, lifestyle and nutrition-related information and digital wellness support tools. The Services are designed for personal, non-commercial use by individuals who are legally competent to contract under applicable law.
The Platform is not intended for use by healthcare providers for clinical decision-making, by hospitals or laboratories for diagnostic or treatment purposes, or by any person seeking professional medical consultation, diagnosis, treatment or prescription services.
Use of the Platform by minors is permitted only under verifiable parental or legal guardian consent and supervision. The Platform reserves the right to restrict, suspend or terminate access where the Platform is used in a manner inconsistent with its intended wellness-support purpose.
Nature & Purpose of the Platform
The Platform is an AI-powered digital wellness software system designed to provide general wellness support, lifestyle analytics, nutrition-related insights, food intake analysis, wellness tracking tools, educational content and non-clinical personalized wellness outputs through artificial intelligence and integrated third-party technologies.
The primary purpose is to assist users in understanding lifestyle patterns, improving general wellness awareness, supporting healthy habits and accessing informational wellness resources. The Platform does not provide medical advice, diagnosis, treatment, prescriptions, clinical monitoring or emergency healthcare services.
All Services are intended for general wellness and informational purposes only and shall not be used as a substitute for professional medical consultation.
Website Contents
All content made available on the Platform, including text, graphics, images, audio, video, software, interfaces, AI-generated outputs, wellness insights, nutrition-related content, dashboards, reports, educational materials, trademarks, logos and design elements ("Content"), is owned by or licensed to digiRM Services and is protected by applicable intellectual property laws.
The Content is provided solely for general wellness, informational and personal use. Users shall not copy, reproduce, modify, distribute, transmit, display, publish, sell, license, reverse engineer or commercially exploit any Content without prior written consent.
AI-generated content and wellness outputs are automatically produced by computer systems and third-party AI engines and may contain inaccuracies or limitations. Users acknowledge that such Content does not constitute medical advice, diagnosis or treatment and must be independently verified with qualified professionals where appropriate.
The Platform reserves the right to modify, update, replace or remove any Content at any time without prior notice.
Website Usage & User Responsibilities
Users agree to access and use the Platform solely for lawful, personal and wellness-support purposes. Users shall be responsible for maintaining the confidentiality of their account credentials and for all activities carried out through their account.
Users shall ensure that all information provided on the Platform is accurate, complete and up to date. The submission of false, misleading or incomplete information may result in suspension or termination of access.
Users shall not misuse the Platform, including attempting unauthorised access, interfering with the operation of the Platform, reverse engineering, uploading malicious code, manipulating AI systems, or misrepresenting identity.
Users acknowledge that the Platform is not a medical service and agree not to rely solely on the Platform for making medical or health-related decisions. Any reliance on Platform content and AI-generated outputs is at the User's own risk.
Scope of Services
The Platform provides AI-enabled digital wellness services including tracking lifestyle patterns, analysing food intake, generating wellness insights, offering non-clinical nutrition-related outputs, providing educational content, wellness reports, personalised dashboards, biomarker-based lifestyle analytics, voice-based wellness parameters, and other related digital wellness utilities.
The Services are intended solely for general wellness support and informational purposes and do not constitute medical advice, diagnosis, treatment, prescription, emergency healthcare or clinical monitoring services.
The Platform may introduce additional wellness modules, AI-based tools, integrations, content libraries, subscription plans and digital wellness features from time to time.
Legal Framework & Compliance
This Terms of Use is made in accordance with the provisions of the Information Technology Act, 2000 and rules thereunder, along with amendments from time to time. This Terms of Use is published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of the Information Technology Act, 2000 amended through the Information Technology Amendment Act, 2008.
Workflow of Operations
- User Registration: Users register on the Platform by providing basic personal and demographic details and creating a user account.
- Profile Creation: Users may complete their wellness profile by providing lifestyle information, food intake details and other non-clinical wellness parameters.
- Data Processing: The Platform processes user-submitted information using AI models and integrated third-party APIs to analyse lifestyle patterns, nutrition-related inputs and wellness indicators.
- AI-Generated Outputs: Based on processed data, the Platform generates wellness insights, lifestyle suggestions, nutrition-related outputs, reports and dashboards.
- Access Through Subscription: Access to certain features, reports and wellness tools may be provided through subscription plans.
- Continuous Updates: Users may update their information, and the Platform may update AI models, features and wellness tools to improve user experience.
Eligibility
To access and use the digiRM Services, you must be at least eighteen (18) years of age and legally competent to enter into a binding contract. By creating an account, you represent and warrant that you satisfy the age and legal capacity requirements and that all information provided is true, accurate and complete.
The Services are not intended for individuals below the age of eighteen (18) years. The Platform does not knowingly collect personal data from minors. If the Platform becomes aware of a minor's access, appropriate steps shall be taken to suspend the account and delete associated data.
User Content
Users may upload content including images, videos, audio files, text, documents, wellness-related inputs, food intake information and other materials ("User Content"). Users retain ownership. By submitting User Content, you grant digiRM a non-exclusive, royalty-free, worldwide, revocable and sub-licensable license to host, store, process, analyse, reproduce, display, transmit and use such User Content solely for the purpose of providing, operating, improving and personalizing the Platform.
You represent and warrant that you have all necessary rights and that such User Content does not violate any applicable law, infringe third-party rights, or constitute medical advice or professional healthcare content.
digiRM reserves the right to review, moderate, remove or permanently delete any User Content, and to suspend or terminate any User account where such Content violates these Terms.
digiRM shall not be responsible for any financial loss, health outcome, legal liability or damages arising from User Content submitted by Users.
Indemnity
You agree to indemnify, defend and hold harmless digiRM Services from and against any and all losses, liabilities, claims, demands, damages, costs and expenses arising out of or in connection with:
- Your access to or use of the Platform and the Services.
- Your breach of these Terms or any applicable law.
- Your violation of any rights of any other user or third party.
- Any User Content submitted by you.
- Any misuse of the Platform, reliance on AI-generated outputs, or any improper or unlawful conduct by you.
To the maximum extent permitted by applicable law, the Platform shall not be liable for any indirect, incidental, special, consequential or punitive damages.
Limitation of Liability
The Platform shall not be responsible or liable for any loss, damage or consequences arising out of or in connection with:
- Any interruption or non-availability of the Platform caused by connectivity issues, server failures, system errors, third-party outages or force majeure events.
- Any inaccurate, incomplete or erroneous information or data provided by you, or any deletion, corruption or loss of your data.
- Any delay, failure or inability to transmit or receive communications.
- Any deficiency, defect, suspension or modification in the Services.
- Any failure or malfunction of any third-party services, APIs, cloud infrastructure or integrated systems.
The Platform, Services and all Content are provided on an "as is" and "as available" basis without warranties of any kind. The Platform's total cumulative liability shall be limited in accordance with the Liability Cap, and your sole remedy shall be to discontinue use of the Platform.
Term
These Terms of Use shall continue to form a valid and binding agreement between us and shall remain in full force and effect until you continue to access and use the Website. You may terminate your use at any time.
We may terminate these Terms and close your account at any time without notice and/or suspend or terminate your access at any time for any reason if any discrepancy or legal issue arises. Such suspension shall not limit our right to take any other action against you.
We may discontinue the Services without any prior notice.
Termination
We reserve the right, in our sole discretion, to unilaterally terminate your access to the Website, or any portion thereof, at any time, without notice or cause.
We also reserve the right to deny access to you without any prior notice or explanation to protect the interests of the Website and/or other Users.
We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change or introduce new features without prior notice.
You shall continue to be bound by these Terms of Use, and it is expressly agreed that you shall not have the right to terminate these Terms until expiry.
Communication
By creating an account, you consent to receive communications through email, SMS, in-app notifications, WhatsApp or other digital channels. Such communications may include account-related notices, service updates, subscription information, transactional messages, security alerts and policy changes.
You may opt out of promotional or marketing communications at any time; however, you may not opt out of essential service-related and transactional communications.
Reporting mail ID: compliance@digirm.com
User Obligations & Undertakings
- Account Integrity: Provide true, complete and accurate information and keep it updated. Do not impersonate any person or use a fictitious identity.
- Account Security: Maintain the confidentiality of your login credentials. Immediately notify the Platform of any unauthorized use.
- Data Processing Consent: You consent to the Platform collecting, storing, processing and using your personal data, wellness inputs, location information and usage data in accordance with the Privacy Policy.
- Intellectual Property: Do not copy, reproduce, modify, reverse engineer, distribute, publish or commercially exploit any part of the Platform.
- Access Restrictions: Access the Platform only through authorized interfaces. Do not use bots, spiders, scraping tools or automated systems.
- Prohibited Conduct: Do not interfere with Platform operations, security or integrity; impersonate others; probe or breach security systems; use the Platform for unlawful or harmful purposes; or violate any applicable law.
- Law Enforcement: You acknowledge that the Platform may disclose your information to law enforcement or governmental authorities in compliance with applicable law.
- Content Standards: Do not upload content that is defamatory, obscene, offensive, misleading, harmful, illegal, infringing, abusive or threatening.
- Compliance: Comply with all applicable laws, regulations and policies while using the Platform.
Suspension of User Access & Activity
The Platform reserves the right to suspend, restrict, disable or terminate a User's access temporarily or permanently in the following circumstances:
- Violation of these Terms, the Privacy Policy or any applicable law.
- Fraudulent, unlawful, abusive, harmful or suspicious activities.
- Submission of false, misleading or incomplete information.
- Actions posing a security, legal or reputational risk to the Platform.
- Requirement pursuant to any legal, regulatory or governmental directive.
- Continued access adversely affecting the operation, security or integrity of the Platform.
Suspension or termination shall be without prejudice to the Platform's right to pursue any other remedies available under law or contract.
Intellectual Property Rights
All intellectual property rights in and to the Platform, including its software, source code, algorithms, AI models, databases, user interfaces, designs, text, graphics, images, audio, video, logos, trademarks, Content, wellness tools, dashboards, reports and all other materials ("Platform IP"), are owned by or licensed to digiRM Services and are protected under applicable intellectual property laws.
Except for the limited right to access and use the Platform in accordance with these Terms, no right, title or interest in the Platform IP is granted to you. You shall not copy, reproduce, modify, reverse engineer, distribute, publish, sell, license or create derivative works from any Platform IP without prior written consent.
Nothing contained in these Terms shall be construed as granting any license or right to use any trademark, logo, trade name or service mark of the Platform without its express written permission.
Subscription
Access to certain features, tools, reports, dashboards, AI-generated outputs and other functionalities may be provided through subscription-based plans. Users may subscribe on a monthly, quarterly, annual or other periodic basis and shall pay applicable subscription fees in advance through approved payment mechanisms.
All subscription fees are non-refundable except as expressly stated on the Platform or required under applicable law. The Platform reserves the right to modify, revise, suspend or discontinue any subscription plan, pricing structure, features or benefits at its sole discretion.
Failure to renew or maintain an active subscription may result in suspension, restriction or termination of access to subscription-based features.
Disclaimer of Warranties & Liabilities
You are accessing the Platform at your sole risk and are using your best and prudent judgment before availing of any features or accessing any information displayed thereon.
Any information, resources, activities, or recommendations obtained from the Platform will not create any warranty and we disclaim all liabilities resulting from these.
We do not guarantee that the features and content will be uninterrupted or error-free, or that the Platform will be free of viruses or other harmful components.
Force Majeure
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized activities.
Dispute Resolution & Jurisdiction
These Terms shall be governed by the laws of India. Subject to arbitration provisions below, each party irrevocably submits to the exclusive jurisdiction of the courts of Thane, Maharashtra, India.
Disputes shall first be settled amicably. If not resolved within fifteen (15) days, either party may refer the dispute for resolution by arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a sole arbitrator, with the seat and venue in Thane, Maharashtra, India, and proceedings in English.
The arbitration award shall be final and conclusive and enforceable in any court of competent jurisdiction.
Customer Acceptance
By accessing, registering on, browsing, downloading, installing or otherwise using the Platform and its Services, you acknowledge that you have read, understood and agreed to be bound by these Terms, the Privacy Policy and all other applicable policies. Continued use constitutes ongoing acceptance.
If you do not agree with any part of these Terms, you must immediately discontinue access to and use of the Platform and the Services.
Miscellaneous Provisions
Entire Agreement
These Terms, read with the Privacy Policy and Disclaimer, form the complete and final contract between us and supersede all other communications and agreements relating thereto.
Severability
If any provision is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Refund Policy
Subscription fees are generally non-refundable. Refunds may be granted at the sole discretion of the Platform in limited circumstances including duplicate payments, failed activation, erroneous billing, prolonged technical failure attributable to the Platform, or where required under applicable law. Where the Platform permanently discontinues a subscription service, Users may be eligible for a pro-rated refund for the unused portion. No refunds shall be provided for unused subscription periods, change of mind, partial use of Services, or issues arising from the User's device or connectivity.
Contact Us
digiRM Services
No. 1518, Tower 3, Lodha Crown,
Majiwada, Thane – 400601, Maharashtra, India.
Email: compliance@digirm.com