Evolve App - Terms of use

Terms and conditions for Evolve App


(Last updated: 9th July 2020)


  1. Introduction


GTA Solutions LLP (GTA) provides its services/ products, in the area of Personal Growth and Motivation. Currently these are offered through a website – “Evolveinc.in” and a mobile application – “Evolveapp”. These and other services / products which may be introduced by GTA in the future together will be referred to as Services/ Products for ease of identification and understanding. Further references to Evolve, We, Us or Our would be deemed to refer to GTA.


  1. Privacy


These terms and conditions must be read along with the privacy policy of Evolve. Please go to Our privacy policy to read and confirm that you are okay with the same at https://www.evolveinc.in/privacy/


  1. Bound to terms if using services


All users will have to confirm that they have read and understood the Terms of Use and Privacy Policy before proceeding to access Our Services/Products. By confirming the same, you will be bound by the Terms and our Privacy Policy so long as you continue being a registered user of Our Services/Products. 


Our Terms and Privacy Policy may undergo changes from time to time and there will always be an updated date available to indicate the date when changes were last incorporated. You will receive a notification that there have been changes in Our Terms or Privacy Policy and it will be your responsibility to access and keep yourself informed of the changes. Continuing to use Our Services/ Products after receiving notification of change in Terms or Privacy Policy would be deemed to mean that you are aware of the changes and have consented to the changes.


Before registering for Our Services/Products if you are not comfortable with our Terms or Privacy Policy you must not register with Us for Our Services/ Products. Similarly, if you are not comfortable with changes in Our Terms or Privacy Policy you have the option to cancel your registration with Us.


  1. Subscription


Apart from certain features available for guest users, Our Services / Products can be categorised as

  1. Free for use – no subscription or payment is required to use these 

  2. Paid – subscription or fees are required to be paid to use these


For clarity, both categories will be covered by Terms of use and the Privacy Policy.


Services/ Products covered under category (i) above can be availed as long as you remain a registered user to Our services/ Products. 


Services/ Products covered under category (ii) above can be availed as long as your subscription or fees are paid and the tenor for which they have been paid has not expired or been completed.


You must check and satisfy for yourself that you wish to pay and subscribe for the Service/ Products under category (ii) above before making any payment for the same. Once a payment is made it shall be deemed that you have made the payment willfully and no refund shall be made except if you wish to opt out before the end of the free trial period. The subscription periods can vary for different Services/Products and so can the payment frequency.


Our subscriptions may come with introductory offers such as a free trial period or discounted pricing. GTA reserves the right to change these offers at their discretion and all such offers are subject to the terms and rules of Apple AppStore and Google PlayStore. In the case of a free trial period offer, once the tenor of the free trial period has expired, the subscription will automatically come into force for the period that it has been selected.


Once the tenor for which you have subscribed expires, the subscription will automatically stand renewed for the same frequency from the immediate next day after the subscription has expired. It is your responsibility to cancel the subscription and/or any payment details directly with Apple AppStore and Google PlayStore.


The fees / subscription rates can be revised by Us at any time without necessarily attributing any reasons for the revision. In the event of a revision, all subscribers will be notified of a revision in the subscription fees and must check the revised fees by visiting our plans page https://www.evolveinc.in/pricing. The revision shall be applicable to all fresh subscriptions, new subscribers as well as renewals. Subscriptions which have not expired will continue unchanged till the expiry of the tenor. 


The subscription for Our Services/ Products is based on what we currently offer. We will endeavor to keep making changes and adding more features from time to time based on our own assessment and feedback received. However, there is no explicit or implicit obligation or commitment to make changes to Our Services/ Products. 


If you have subscribed for Our Product/ Services and we have not received the payment then please refer to our policy on “Loss in transit” for the course of action in such cases.

 


  1. Who can use/ subscribe 


Any individual 18 years or older can register as a user or subscribe to Our Product/ Services. Please make sure that there are no laws in the country, which you are a resident of, which debars you from using Our Products/ Services. While we may not ask for your age or date of birth by agreeing to the Terms of Use, you are confirming that you are 18 years or older.


  1. Information at the time of Registration or Subscribing 


We collect certain information at the time of Registering or Subscribing. This information is necessary for Us to help in identifying you when you visit or login to our App and We will not be able to provide Our Products/ Services without this information. Please visit our Privacy Policy in this regard. If you are not comfortable with sharing this information or our Privacy Policy you should not register or subscribe to Our Products/ Services.


  1. Changes from time to time


We may make changes to Our Products/ Services from time to time. Such changes may be 

-modification of any existing Products/ Services

-addition of new Products/ Services

-deletion of any existing Products /Services


  1. Disclaimers


Our Products/Services are aimed at your personal growth and for your motivation. Benefits from the same may not be quantifiable neither do we claim that they are quantifiable. The benefits are experienced by each user according to the specific sections of Our Products/Services accessed, how they put it to use, the frequency of usage and perception of the benefits. Two or more users with the same usage may also experience varying benefits of Our Products/Services. In the same way a user with lesser usage than an another may experience higher benefits of Our Products/Services.


Our Products/Services are a guide aimed at helping in your personal growth and motivation.


We do not claim 


  • any guaranteed benefits or any guaranteed change in Emotional behavior or mental well being of the user. 


  • any medical or scientific research or studies which back Our Products/Services.


  • that Our Products/Services are any diagnostic test relating to any mental disorders or mental illness or any medical illness 


  • that Our Products/Services are any therapy for any mental disorders or any mental illness or any other medical disorders


The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.


  1. Rights governing Content 


Reference to “content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Our Products/ Services


Reference to “User Content” means any Content that users (including you) provide to be made available through Our Products/ Services. Content includes without limitation User Content.


Content Ownership


Subject to the provisor below on user content, We own all right, title and interest in and to the Products/ Services and Content, including all associated intellectual property rights. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use your User Content. Our Products/Services , content etc are protected by copyright, trademark, and other laws of The Republic of India and foreign countries. You acknowledge this and You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products/Services or Content.


Rights in User Content Granted by You


By your making available any User Content through Our Products/ Services, you hereby grant Us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing Our Products/Services and Content to you and to other users.


Rights in Content Granted by Us


Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.


Rights and Terms for Apps


Rights in App Granted by Us


Subject to your compliance with these Terms, We grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. We reserve all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.


Additional Terms for App Store Apps


If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:


  • These Terms are concluded between you and Us, and not with App Provider, and that, as between Us and the App Provider, We, are solely responsible for the App.


  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.


  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be Our sole responsibility.


  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, We will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.


  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.


  • You must also comply with all applicable third-party terms of service when using the App.


  1. Prohibitions


You agree not to do any of the following:


  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;


  • Use, display, mirror or frame the Services, or any individual element within the Services, Our name, any of Our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;


  • Access, tamper with, or use non-public areas of the Services, Our computer systems, or the technical delivery systems of Our providers;


  • Attempt to probe, scan, or test the vulnerability of any of our systems or network or breach any security or authentication measures;


  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Us or any of Our providers or any other third party (including another user) to protect the Services;


  • Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Us or other generally available third party web browsers;


  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;


  • Use any meta tags or other hidden text or metadata utilizing any of Our trademark, logo URL or product name without Our express written consent;


  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;


  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;


  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;


  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;



  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;


  • Impersonate or misrepresent your affiliation with any person or entity;


  • Violate any applicable law or regulation; or


  • Encourage or enable any other individual to do any of the foregoing.


Although we’re not obligated to monitor access to or use of Our Products/Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating Our Products/Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.


  1. Links to Third Party Websites or Resources


The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.


12. Termination

You may cancel your Account at any time by sending an email to us at info@evolveinc.in. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.


  1. Indemnity

You will indemnify and hold harmless GTA and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.


  1. Limitation of Liability

Neither GTA nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GTA has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will GTA’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to GTA for use of the Services, Products or Content or Indian Rupees 100/- (INR 100) if you have not had any payment obligations to GTA, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between GTA and you.


  1. Change on control


In the event of a change of control or change of constitution of GTA from, for example, a sale to, or merger with, another entity, or upon GTA’s filing for a bankruptcy, information GTA receives from you is GTA’s asset that may be transferred.


  1. Laws


Our Terms of Use shall be constructed and interpreted, and the rights of the Parties (Users and Us) determined in accordance with the laws of India.  Any action under this Agreement shall be brought in Courts of Mumbai, India only.


Users residing in jurisdictions other than India should be aware and also check if any of the laws prevailing in their jurisdiction prevent them from accepting this clause.



  1. Dispute Resolution


In the case of any dispute, the same shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act 1996 of India.  The arbitration proceedings shall be presided by a sole arbitrator appointed by us. The venue of arbitration shall be at Mumbai. These terms of use will be construed in accordance with the laws of India and the courts in Mumbai alone shall have exclusive jurisdiction over any disputes.