Longeny

Definitions

“Longeny” as a brand means Longevity Labs Private Ltd, whose principle place of business is at 148, Prestige Featherlite Tech Park, EPIP, Whitefield, Bangalore 560066
Application/App/Website:Means a mobile/tablet or website software application product owned and developed by Longevity Labs Private Limited.
Code of Ethics: Code of Ethics shall mean the Code of Ethics (Professional Conduct, Etiquette and Ethics) prescribed by the Central/State Regulatory Authority of the respective systems of medicine.
Health Care Professional: A Health Care Professional (hereinafter referred to as HCP) shall mean any medical practitioner, practising in Allopathy, Homeopathy, Unani, Ayurveda, Functional Medicine or any other recognised health care profession, who is registered with the Union and/or State regulatory or licensing body of the respective system of medicine and is availing the services of the App.
Usage rights: The App provides User with the rights to use the App based on User Subscription as well as acceptance of this Terms of Use by You.
Longeny Research: means all the scientific research that Longeny performs or intends to perform with an objective to publish in a peer-reviewed scientific journal. “Longeny Research uses genetic and self-reported information from the users who have provided an informed consent as per the consent document available on the application.c. "Product Development" means research and research related activities performed for the purpose of developing new products and research activities performed by Longeny on the de-identified user data. Some of the activities could include improving our Services and or delivering new new products or services to you; data analysis activities and performing quality control activities.d. "Service" or "Services" means Longeny's products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.e. "Personal Information" is the information that can be used to identify you, either alone or in combination with other information. Longeny collects and stores the following types of Personal Information: a. "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email address, user ID and password, and payment information).b. "Genetic Information" is information regarding your genotype (e.g. the As, Ts, Cs, and Gs at particular locations in your genome), generated through processing of your saliva by Longeny or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to Longeny. c."Self-Reported Information" is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your Longeny account. Self-Reported Information is included in Longeny Research only if it has been indicated for Longeny Research use on the website and if you have given consent according to the applicable Consent Document.d. "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Genetic Information and Self-Reported Informationgenerated by users of Longeny Services and transmitted, whether publicly or privately, to or through Longeny. ”Web Behaviour Information" is information on how you use the Longeny website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.f. "Aggregated Genetic and Self-Reported Information" is Genetic and Self-Reported Information that has been combined with that of other users and analysed or evaluated as a whole, such that no specific individual may be reasonably identified.
Parties: Parties shall mean the Users, HCP and the App
Terms of Use: Agreement (to be used interchangeably)
Third-Party: Third Party shall mean any person who is not a party to the Terms of Use, but shall not include any person for whom the services are availed by the User.
User: A User shall mean any natural or legal person, who is competent to enter into a contract as per the Indian Contract Act, 1872, who uses the Application/App, with or without registration, to avail the services offered, for himself or herself and/or for any other person.
For the Purposes of this clause the terms “We” (shall refer to the APP) and the term “you” (shall refer to the User).

Code of Conduct

The User shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:

The Information Technology Act, 2000
The Indian Penal Code, 1860
The Indecent Representation of Women Act, 1986
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Telemedicine Practice Guidelines

Enforcement

The Terms of Use, as herein stated and as modified/amended/changed by the App from time to time, shall be legally binding and enforceable on all the Parties.

Nature of Service & Limitations

No Doctor-Patient Relationship between Us

We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with others (‘Communication Tools”) to consult with a medical practitioner recommended to you.
Medical practitioners listed on the Service have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
The use of the Service does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
Any diet plans or advice or information that may be provided on or through the Service is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
We are not responsible for the accuracy of the results of any Self – Assessment Tests made available as part the Service. These tests are solely for information purposes to suggest probable risks to users having a particular health issue and the results of the tests do not constitute a medical opinion or diagnosis. You should consult a medical professional before acting on the results of any such tests.

Not for Medical Emergencies & Not a replacement for your Primary Care Physician

The Service we provide is NOT for use for medical emergencies, for life threatening conditions or for when you need acute care. You should not disregard or delay to seek medical advice from your physician based on anything that appears or is provided to you by or through the Service.
The consultation provided to you by medical practitioners through the Communication Tools are not intended to replace your relationship with your primary care physician and you should continue to consult with your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your sole opinion.

Limitations of Online Consultation and Informed Consent

When you seek consultation with any medical practitioner using the Communication Tools made available through the Service, you understand the limitations and potential risk of online consultations, including but not limited to the inability to carry out a physical examination or other extensive investigations; delays or failure arising from the disruption of communication devices or Communication Tools; the insufficient quality of information transmitted online, lack of access to your medical records or medical history amongst others and the inherent risks of breach of privacy associated with sharing your sensitive personal information or medical information through the Communication Tools. You take full responsibility for ensuring that any information you submit is complete and accurate and understand that the medical practitioner relies solely on information provided by you. We shall not be responsible for any errors in transmission or for the corruption or compromise of any information communicated over telecommunication services. Therefore, before sharing any information or acting on any information or advice offered to you by or through the Service, you should confirm that you have understood and accept the associated limitations and risks and agree that you are not using the Service as a substitute for consultation with your primary care physician.
The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
Without prejudice to the above, a medical practitioner may, in his or her sole discretion and professional judgment, determine that the online consultations through the Service are not appropriate for some or all of your needs and, accordingly, may elect not to provide services to you through the Service.
Medical practitioners may prescribe medications when medically indicated in their sole professional judgment. In the event that a medical practitioner does prescribe a medication, it will be his/her duty to comply with all applicable laws and we advise them to prescribe a medication as determined appropriate in his/ her sole discretion and professional judgment. You agree that any prescriptions that you acquire from a medical practitioner by/through the Service shall be solely for your personal use. You agree to fully and carefully read and follow all instructions provided to you by the medical practitioner and all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
The third-party pharmacy may require you to produce clear and valid prescriptions as required by law for the sale of drugs / medicinal preparations to you.
User understands and agrees that the App is merely a technology platform and the medicines and pharmaceutical products are sold by respective Merchants. App shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.

You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools.

In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service

User Communication

Users will receive information via email or, and on whatsapp or, and sms on the mobile number provided while availing the services on Longevity Labs Pvt Ltd. This helps Longevity Labs send reminders, order statuses, booking reminders and other relevant information. Users accept the nature and risk associated with such communications.

User Representations

By accessing Longeny Services, you agree to, acknowledge, and represent as follows:

You understand that information you learn from Longeny is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. While Longeny’s information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that Longeny urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Genetic or clinical Information
You give permission to Longeny, its contractors, successors and assignees to perform genotyping services on the DNA extracted from your saliva / blood / stool / urine sample and you specifically request Longeny to disclose the results of analyses performed on your DNA to you and to others you specifically authorize.
You represent that you are eighteen (18) years of age or older if you are providing a saliva sample or accessing your Genetic Information.
You are guaranteeing that any sample you provide is your saliva / blood / stool / urine; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You understand that all your Personal Information will be stored in Longeny databases and will be processed in accordance with the Longeny Privacy Statement (https://www.longeny.com/about/privacy).
Waiver of Property Rights: You understand that by providing any sample, having your Genetic / clinical Information processed, accessing your Genetic / Clinical Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Longeny or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Longeny has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Longeny and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

Account Creation, Customer Account, Password, and Security Obligations

In consideration of your use of the Services, you agree to:

provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and
maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Longeny has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Longeny has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your sample collection kit was shipped from Longeny.

After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Longeny's website through your username and password, you will defend and indemnify Longeny and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Longeny of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Longeny cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Longeny Privacy Statement and Disclosure of Information

In order to use the Services, you must first acknowledge and agree to the Privacy Statement (https://www.longeny.com/about/privacy/). You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by Longeny for any Service; or by (2) actually using the Services. You acknowledge and agree that Longeny has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Longeny Services, website, or other systems. If you have given consent for your Genetic Information and Self-Reported Information to be used in Longeny Research as described in the applicable Consent Document, we may include your information in the Aggregated Genetic

Information and Self-Reported Information we disclose to third parties for the purpose of publication in a peer-reviewed scientific journal. Longeny may also include your information in Aggregated Genetic and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal.

Longeny Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. Longeny Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on genetic research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. Longeny will never release your individual-level Genetic Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.

Further, you acknowledge and agree that Longeny is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that Longeny may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Longeny TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of

Longeny, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, Longeny may, in its sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement to read about data protection related to your information. See our complete Privacy Statement (https:// www.Longeny.com/about/privacy/) here.

The Longeny App shall diligently undertake processes and procedures to protect the privacy of the data collected from the User.

The Longeny App shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User.

The Longeny App shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.

Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Longeny, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

You acknowledge that the Services content presented to you as part of the Services, whether original Longeny Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Longeny and/or the sponsors who provide that content to Longeny (or by other persons or companies on their behalf). Longeny grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from "MD's Perspectives" in the "For the Experts" section of the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the Longeny website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © longeny 2023-2024. All rights reserved; distributed pursuant to a Limited License from Longeny; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Longeny or by the owners of that content, in a separate agreement.

Material Posted Through The Service

Longeny will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such nonLongeny content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. circumstances will Longeny be liable in any way for any non-Longeny content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.

You acknowledge that Longeny and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Longeny and its designees shall have the right to remove any content that violates the TOS or is deemed by Longeny, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Material Provided to Longeny - Your Proprietary Rights

User Content. Longeny does not claim ownership of the User Content you provide to Longeny (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Longeny, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Longeny to make such User Content available to other companies, organizations, or individuals with whom Longeny has relationships, and to use such User Content in connection with the provision of those services.

You understand that Longeny, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Longeny to take these actions. You represent and warrant to Longeny that you have all the rights, power, and authority necessary to grant the above license.

Genetic and/or Self-Reported Information. Disclosure of individual-level Genetic and/ or Self-Reported Information to third parties will not occur without explicit consent, unless required by law. Note that Longeny cannot control any further distribution of Genetic and/or Self-Reported Information that you share publicly on the Longeny website. You acknowledge and agree that you are responsible for protecting and enforcing those rights and that Longeny has no obligation to do so on your behalf.

Your saliva sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you. See our website for more information on sample processing. Any Genetic Information derived from your saliva remains your information, subject to rights we retain as set forth in these TOS. You understand that you should not expect any financial benefit from Longeny as a result of having your Genetic Information processed; made

available to you; or, as provided in our Privacy Statement and Terms of Service, shared with or included in Aggregated Genetic and Self- Reported Information shared with research partners, including commercial partners. Waiver of Property Rights. As stated above, you understand

that by providing any sample, having your Genetic Information processed, accessing your Genetic Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Longeny or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or Self-Reported Information.

Indemnity

You agree to defend and hold Longeny, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another. If you have submitted a saliva sample or otherwise provided your own Genetic Information, you will defend and hold harmless Longeny, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your saliva sample and/or analyzing your Genetic Information, which is disclosed to you consistent with our Privacy Statement or results from any thirdparty add-ons to tools we provide. In addition, if you choose to provide your Genetic and/or Self- Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless Longeny, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Genetic and/or Self-Reported Information.

No Resale of Service

Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and Longeny, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage

You acknowledge that Longeny may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Longeny's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Longeny has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Genetic Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Longeny reserves the right to change these general practices and limits in its sole discretion.

Modifications to Service

Longeny reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Longeny features or Services, and (ii) Longeny shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. The Software that you use may from time to time automatically download and install updates from Longeny. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Longeny to deliver these to you) as part of your use of the Services. You acknowledge that Longeny may offer different or additional technologies or features to collect and/or interpret Genetic Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Genetic Information without fee, and that you will have to pay additional fees in order to have your Genetic Information collected, processed, and/or interpreted using any future or additional technologies or features.

Termination

The TOS will continue to apply until terminated by either you or Longeny as set out in this Section. If you want to terminate your legal agreement with Longeny, you may do so by notifying Longeny at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to Longeny's address, which is set out at the beginning of the TOS, or online via Customer Care (https://customercare.Longeny.com). If you provide notice online, Longeny will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you. Longeny may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) Longeny is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Longeny offered the Services to you has terminated its relationship with Longeny or ceased to offer the Services to you; (4) Longeny is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by Longeny is, in Longeny's opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Longeny shall not be liable to you or any third party for any termination of your access to the Services.

Survival of Terms

When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and Longeny have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4. (Description of the Services); 5.(Risks and Considerations Regarding Longeny Services); 6. (User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(Longeny Privacy Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to Longeny - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18. (Termination); 19.(Survival of Terms); 20. (Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and Longeny Website); 22.(Longeny Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); and 28.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.

Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with-or participation in promotions ofinformation providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Longeny shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

Hyperlinks and the Longeny Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Longeny has no control over such sites and resources, you acknowledge and agree that Longeny is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Longeny shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

Longeny's Proprietary Rights

You acknowledge and agree that Longeny (or Longeny's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Longeny and that you shall not disclose such information without Longeny's prior written consent.

You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Longeny, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Longeny and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Longeny, and other Longeny logos and product and service names are trademarks of Longevity Labs Pvt Ltd and these marks together with any other Longeny trade names, service marks, logos, domain names, and other distinctive brand features are the "Longeny Marks". Unless you have agreed otherwise in writing with Longeny, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any Longeny Marks and you agree not to display, or use in any manner, Longeny Marks.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Longeny, you agree that in using the Services, you will not use any trade mark, service mark, trade name logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks names, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos. For any Software not accompanied by a License Agreement, Longeny grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Longeny, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Longeny, in the manner permitted by the TOS. Unless Longeny has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Longeny for use in accessing the Service. Any rights not expressly granted herein are reserved.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS. Longeny EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) Longeny MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERRORFREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Longeny OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. Longeny DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, Longeny SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

Limitation of Liability

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Longeny SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Longeny HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

Notice

Notices to you may be made via either email or regular mail. Longeny may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices related to this TOS must be sent to us at: Longevity Labs Pvt Ltd, 148, Prestige Featherlite Tech Park, Whitefield, Bangalore 560066.

Additionally, Longeny accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

Changes to the Terms of Service

Longeny may make changes to the TOS from time to time. When these changes are made, Longeny will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Longeny will treat your use as acceptance of the updated TOS.

Violation or Suspected Violation of Terms of Service

If you violate the terms of these TOS and/or Longeny has a reasonable ground to suspect that you have violated the terms of these TOS, Longeny has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Miscellaneous

Entire Agreement. The TOS constitute the entire agreement between you and Longeny and govern your use of the Services, superseding any prior agreements between you and Longeny on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with Longeny arising out of or relating to the Agreement ("Disputes") shall be governed by California law regardless of your country of origin or where you access Longeny, and not with standing of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Waiver. The failure of Longeny to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Longeny.com (https:// www.Longeny.com) or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).
. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Longeny for any third party that assumes our rights and obligations under this Agreement. *Longeny data on file.

Fair usage policy

The Services of Longevity Labs cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. Longevity Labs reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose.

Terms of Use:

The use of free consultations via our Gold plan shall be restricted on a daily, monthly, weekly and yearly basis. Capping of which is subjected to change.
The application is constantly reviewed by our internal teams to ensure we deliver the right benefits to our customers and avoid any mis-use of our services.
To read more about the policy visit, Your Gold/Gold Store page in our applications.
The User's Longeny Wallet balance amount shall expire in the event said wallet amount is unutilized for a period of one year from the date of crediting the amount in the said wallet. Amount credited to the wallet through gift card redemption by the User is exempted and gift card terms shall be applicable in this regard.

Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.

Payment for Service

Some parts of the Service are chargeable as may be specified from time to time. We will tell you about applicable charges for any paid Service and the payment terms presented to you when you use or order a paid Service are deemed part of these Terms of Use. As a convenience to you, we also collect payments due to medical practitioners, pharmacies and diagnostic laboratories / centres for their services that you avail or book through the Service. Subject to receipt of the payments from you, we will be responsible to pass on the payments due to these third parties. We reserve the right to change our charges and payment terms at any time provided however that the new charges will not be applicable to orders accepted before the change is notified. If you don't pay for paid Service on time, we reserve the right to suspend or cancel your order for the said Service or to not provide you with the ordered Service. We shall not be responsible for any Service that is not provided to you if you fail to pay the applicable charges for the same. Charges paid are non-refundable except in our sole discretion.
We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.
We do not store any payment details including but not limited to net banking, Credit card or Debit card details.

Website Security

The App shall undertake necessary processes to secure the data provided by the User. The App currently, encrypts the data provided with 256-bit encryption and stores it in a private cloud with SSL Security Protocols.