1.1 Our Platform provides clinical decision support to Medical Practitioners and facilitates other Services which help them to treat Type II Diabetes Mellitus and certain other chronic diseases and related syndromes (“Applicable Disease”). Twin is not your healthcare provider and does not provide you any medical advice, or treatment through the Platform.
1.2 Our Platform is designed only be used to help a suitable subset of users who are diagnosed with an Applicable Disease If you have been referred to our Platform by your Medical Practitioner, you will have been diagnosed with an Applicable Disease, and the use of our Platform and our Services should have been explained to you. You may also have signed up on our Platform directly. If so, an identified Medical Practitioner will carry out a first consultation with you to assess your suitability to use our Platform, and, if you qualify, explain the Services to you. If you are at any point, unclear on any aspect of the Platform, your treatment, any Service, or are otherwise dissatisfied in any manner, please speak with your Medical Practitioner, and if you do not receive adequate support, use the ‘Call Coach’ function on the Platform to indicate this.
1.6 IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE PER THESE TERMS, OR IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT ALLOWED TO USE THE SERVICE AND YOU SHOULD LET YOUR MEDICAL PRACTITIONER KNOW AT ONCE.
1.7 You acknowledge and agree that the Platform or the Services are not intended for emergency situations. In the event of a medical emergency, please call appropriate emergency responders or visit a registered medical practitioner. The Platform is also not intended to facilitate the treatment of diseases other than the Applicable Diseases.
1.8 Twin may make modifications to these Terms that apply to its users generally from time to time. The version of these Terms posted at the Site or on the App is the one that governs your use of the Service. You are therefore advised to refer to them each time before making use of the Service. Please also watch for alerts from us. Your continued use of the Site and the App is subject to the then current version of the Terms on the Site. We may require you to provide your consent to the updated Terms in a specified manner, but where no such consent is sought, your continued use of the Site and App, following changes to the Terms, will constitute your express acceptance of those Terms.
1.9 The App is licensed, not sold to you, the App and Services are provided “as is” without warranties of any kind and Twin’s liability to you is very limited as described below.
1.10 Your use of the Services is subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), the terms of service of pharmacies, diagnostic centers or other third party service providers on the Platform, or facilitated through the Platform, compliance with which is your sole responsibility.
1.11 You may delete your account and discontinue your use of our Platform at any time. Similarly, we have the right to withdraw our Platform, or any Service at any time without assigning any reason whatsoever. Twin does not guarantee that any Service will be available on a round-the-clock basis or that any Service will remain accessible.
1.12 These Terms are published in compliance with the provisions of Indian laws, including: (a) the Indian Contract Act, 1872; (b) the Information Technology Act, 2000 and rules, guidelines and clarifications thereunder; (c) the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945; (d) the Drugs and Magic Remedies (Objectional Advertisements) Act, 1954; (e) the National Medical Commission Act, 2019 and rules, regulations and guidelines framed/ recognized thereunder; and (f) Pharmacy Act, 1948.
1. Use of Our Services.
(a) By accepting these Terms, you represent and warrant to us that you have the capacity to enter into a legally binding contract under applicable law, in particular, the Indian Contract Act, 1872. You further represent: (a) you are at least 18 (eighteen) years of age; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with all applicable laws and regulations; (d) you are physically located within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive advice from a Medical Practitioner; (f) you are not attempting to use the Service on behalf of any governmental unit; and (g) all information you provide will be truthful, accurate and complete. Twin reserves the right to terminate your account or refuse to provide you access to the Site, App or our Service if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years or that you have been convicted of an offence involving moral turpitude or any offence under the Indian Penal Code, 1860.
(b) We reserve the right to refuse access to use any Service offered on the Platform to new users or to terminate access granted to existing users at any time without according any reasons for doing so and you shall have no right to object to the same.
(c) You are restricted to have more than one active account on the Site or App. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.
(d) The use of the Site or App and the Services is designed to be compliant with the laws of India. You are not permitted to this Site or the App and any Service if you reside outside India. We do not provide any Service on the Platform to users located outside India. If you access our Site or App from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local law.
1.2 Platform Suitability.
The Platform may not be the most appropriate way for you to obtain medical care and treatment and meet your personal needs. To assist you in determining whether the Platform is a fit for your needs, the Medical Practitioner may ask a series of initial questions during registration. Based on your responses to these questions, the Medical Practitioner may determine that the Platform will not be made available to you. In such a case, you will be so advised. If this occurs, your registration information may remain on file with the Platform, but you will not be able to further utilize the Platform at that time. You can always return to the Site or the App at a later time to determine whether your eligibility has changed. In addition, even if you are determined to be eligible to utilize the Platform, the Medical Practitioner may, during the course of your use of the Platform, determine that your medical condition and/or treatment requires an in-person examination or a procedure and/or that the Platform is otherwise not appropriate for you. In such a case, you may receive a notice from your Medical Practitioner notifying you that you should seek medical
1.3 Twin Platform and Services.
Subject to these Terms, you are authorized to use the Platform and avail any Service, on a non-exclusive, limited, non-transferable, revocable basis, along with the Twin Materials (as defined in Section 13) solely for your personal, non-commercial use. Twin reserves all rights not expressly granted herein in the Services and the Twin Materials. Twin may terminate this authorization at any time for any or no reason. After any termination, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Twin Materials.
1.4 Accounts and Registration.
Subject to your eligibility to use the Platform and compliance with these Terms, you may use the Platform and any Service. Some features of the Platform may be available without registration; however, to access most features of the Platform, you must register for an account. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been compromised or corrupted or is no longer secure, then you must immediately notify us at firstname.lastname@example.org. You must ensure that you exit or log out of your account at the end of each session. Furthermore, Twin reserves the right to take any and all action, as it deems necessary, regarding the security of our Platform and your account and password information. Under no circumstances will Twin or any of its officers, directors, employees, consultants, agents, suppliers and customers associated with the Service, or any affiliated individuals or entities, including the Medical Practitioner, Wellness Coach, and/or any professional corporation that employs or contracts with any Medical Practitioners be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure.
Twin may hold you liable for losses incurred by itself or any other user or visitor due to authorized or unauthorized use of your account or as a result of your failure in keeping your account and password confidential.
1.5 Prohibited Conduct.
In consideration for access to the Platform, you agree not to:
(a) use the Platform to compete with the Twin in any manner;
(b) use the Platform for any illegal purpose, or in violation of any applicable law or regulation, including, without limitation, any local, state, provincial, territorial, national, or international law;
(c) use the Platform in any manner that would defame, abuse, harass, threaten or otherwise violate the legal rights of others;
(d) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right;
(e) upload any files that contain software or other material protected by applicable intellectual property laws, unless you own or control the rights thereto or have received all necessary consents;
(f) post, upload, or distribute any User Content as defined in Section 7 (User Content) or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
(g) interfere with security-related features of the Site or the App, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;
(h) interfere with the operation of the Site or the App or enjoyment of the Platform of any user, Medical Practitioner or Wellness Coach, including by: (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement; (iii) attempting to collect personal information about others; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide any Service; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Service by using framing, mirroring or similar navigational technology;
(i) attempt to gain unauthorized access to any portion of feature of the Site or the App or any other systems or networks connected to the Site or the App, to servers operated by us, or to any part of the Site or the App, including by way of hacking, password mining or any other illegitimate means;
(j) Probe, scan or test the vulnerability of the Site or the App or any network connected thereto, nor breach the security or authentication measures on the Site or the App or any network connected to the Site or the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Site or the App, or any other customer, including any account not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Platform;
(k) engage in any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service, without permission, or falsifying your age or date of birth or any other information provided or submitted to the Service;
(l) sell or otherwise transfer the access to the Platform or any Twin Materials; or attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.
2.1 Mobile Software and Equipment. We may make available the App or other software to access the Platform via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Twin does not provide you with equipment to use the App and does not warrant that the Mobile Software will be compatible with your mobile device. You may use data in connection with the Mobile Software and may incur additional charges from your wireless provider. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use the App, including, without limitation, the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Platform (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). You agree that you are solely responsible for any such charges. Twin hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, and in accordance with the features made available to you. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Twin may from time to time make available upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Twin or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Twin reserves all rights not expressly granted under these Terms. The Mobile Software may be subject to the import and export laws of various countries. You agree to comply with all applicable laws related to use of the Mobile Software and the Service.
2.2 Twin’s SMS or Text Messaging Services. By using the Platform, you are automatically enrolled to receive SMS/text messages from Twin regarding account- related news and alerts and/or offers for Twin products and services. By enrolling in Twin’s SMS/text messaging service, you hereby authorize Twin to send you SMS/text messages and agree to receive the text messages from us on your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. To unsubscribe from text messages at any time, reply to the message you received with the text STOP. You consent that following such a request to unsubscribe, you may receive one final text message from Twin confirming your request. For help under this section, contact us at email@example.com.
You agree that your contact number supplied by you as part of registration information is not part of any ‘do not call’ registry or equivalent and that unless otherwise specified by you, we may use such information to send you communication, notices or alerts which may be transactional, informational or promotional in nature, from time to time.
2.3 Mobile Software provided from App Store by Apple. The following applies to any Mobile Software you acquire from the App Store (“App Store-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Twin, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store- Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Twin as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Twin as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third-party’s intellectual property rights, Twin, not Apple, 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. You and Twin acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.
2.4 Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Twin only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Twin, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Twin’s Google-Sourced Software.
2.5 Garmin Activity Tracker. The following pertains to your use of the Garmin Activity tracker (“Device”) that you may use to avail of the Services.
BY USING THE DEVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.
Garmin Limited and its subsidiaries (“Garmin”) will grant you a limited license under their end user documentation to use the software embedded in the Device (the “Garmin Software”) in binary executable form in the normal operation of the product. Title, ownership rights, and intellectual property rights in and to the Garmin Software will remain in and with Garmin and/or its third-party providers.
You acknowledge that Garmin Software is the property of Garmin and/or its third- party providers and is protected under the United States of America copyright laws and international copyright treaties. You further acknowledge that the structure, organization, and code of the Garmin Software, for which source code is not provided, are valuable trade secrets of Garmin and/or its third-party providers and that the Garmin Software in source code form remains a valuable trade secret of Garmin and/or its third-party providers. You agree not to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Garmin Software or any part thereof or create any derivative works based on the Garmin Software. You agree not to export or re-export the Garmin Software to any country in violation of the export control laws of the United States of America or the export control laws of any other applicable country.
3. Consent to Use of Telemedicine Services.
3.1 As part of the Services on the Platform, Twin will facilitate the connection between you and the Medical Practitioner. Telemedicine services involve the delivery of healthcare using electronic communications, information technology or other means between the Medical Practitioner and a patient who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services.
3.2 You acknowledge that you have been provided with necessary information and based on the same, you provide your consent, authorization for the Medical Practitioner, associated doctors, assistants to provide remote telehealth services, including use of the Platform offered by Twin. You understand that you may withdraw your consent and discontinue treatment at any time, however, Twin may not provide you with the Service in such cases. Twin may suspend your account or terminate your access to the Service if you withdraw consent. You acknowledge that the Medical Practitioner has informed you of alternative methods and therapies to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any. You understand that the proposed telemedicine treatment has certain material risks / complications, and have been provided with the requisite information about the same, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention. You also confirm that the Medical Practitioner has answered all questions to your satisfaction regarding the proposed treatment, however, that despite best efforts there can be no assurance about the results or outcome of the proposed treatment / intervention and that you have not been given any guarantee or warranty about the results or outcome of the proposed treatment / intervention.
3.3 In order to utilize all features of the Platform, you will be required to review the Terms and other policies and provide consent to the use of telemedicine services from a Medical Practitioner and Wellness Coach assigned by us or your Medical Practitioner, if you have been referred to our Service, and we may reasonably rely on such consent. If you have not provided consent for the Service, Twin reserves the right to disable your access to or use of our App and Site. You should seek emergency help or follow-up care when recommended by a Medical Practitioner or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the intended benefits of our Platform are improved visibility to healthcare professionals and convenience. However, as with any healthcare service, there are potential risks associated with the use of telehealth services. These risks include, but may not be limited to:
(a) In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the Medical Practitioner;
(b) Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
(c) In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors;
(d) Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information.
3.4 By accepting these Terms, you acknowledge that you understand and agree with the following:
(a) Although you may reasonably expect the intended benefits from the use of the Services, no benefits or results can be guaranteed or assured.
(c) The Medical Practitioner may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth services to you through the Service.
3.5 You undertake to report any instance of non-compliance of applicable law, as part of the consultation with Medical Practitioner, interaction with Wellness Coach and other processes or systems on the Platform, including the Ethics Regulations and Telemedicine Guidelines at the earliest to Twin and provide your fullest cooperation and support to fulfil reporting obligations applicable to us.
5.1 Health Plan and Employer Provider Pricing and Payment Terms. If you are a health plan or employer provider, or if you are an individual using the Platform under a health plan or employer provider, the pricing and payment terms are between the health plan or employer provider and Twin and such terms are set forth in a separate agreement between the health plan or employer provider and Twin.
5.2 Individual Pricing and Payment Terms. If you are not accessing or using the Platform under your health plan or employer provider, then you are accessing or using the Service on an individual basis. If you elect to use aspects of the Platform through your Medical Practitioner, you agree to the pricing and payment terms as set forth in your account or made available to you online. Twin may add new services for additional fees and charges and to add or amend fees and charges for existing services. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. All fees payable on the Platform are payable to Twin directly (“Fees").
5.3 Fees. You agree and acknowledge that the Fees payable by you at the time of registration entitles you to avail the Services, subject to compliance with the Terms and applicable laws, for a period of 12 (twelve) months from the date of your registration on the App. At the time of payment, you may be provided with various payment options, including payment in full or in a staggered manner, as may be specified from time to time. You agree that your continued access to the Platform and the Services is subject to timely payment of your Fees and Twin reserves the right to deny you access to the Platform or any of its Services in the event of your default to pay any scheduled amount or any renewal fees payable.
5.4 Refunds. You may cancel the any Service on the Platform or account on notice to us (at firstname.lastname@example.org); however there are no refunds for cancellation. In the event that we suspend or terminate your account or these Terms for good reason (e.g., your violation of these Terms), you understand and agree that you will receive no refund.
5.5 Access and Connectivity. You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the App or the Site) to enable use of the Platform. Twin reserves the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.
5.6 Medical Equipment. The Medical Practitioner may prescribe medication and use of medical equipment on the Platform, including medical supplies, e.g., diabetic test supplies, including blood sugar and blood ketone strips, which may be supplied by Twin based on the Medial Practitioner’s diagnosis and prescription. The timing, fees, quantity and terms of all such supplies shall be at the Medial Practitioner’s sole discretion. Refusal to provide additional supplies shall not relieve users of their obligation to pay the fees specified for the Service on the Platform. By accepting these Terms, you agree that all items provided to you in connection with the Platform are for your personal use only and not for resale. If you dispense any of these supplies to others, including for resale, you acknowledge and agree that such breach of these Terms is likely to cause irreparable harm as a result of contracts with suppliers that proscribe resale. You further agree that upon Termination of the Services, you will promptly return all supplies to Twin, other than consumable products. Should you fail to promptly return them, you will be obligated to pay for such supplies at the then current replacement cost, not to exceed Rs 100,000. You further agree and acknowledge that Twin is a mere facilitator and the Service does not fall within the purview of the Drugs and Cosmetics Act, 1940, read with the Drugs and Cosmetics Rules, 1945 and the Medical Device Rules, 2017.
6.1 User Content Generally. Certain features of the Platform may permit users to upload content to the Platform (including without limitation the patient portal) or allow us or your Medical Practitioner to input information into the Platform, including messages, reviews, photos, video, images, folders, data, text, and other types of information (“User Content”) and to publish User Content on the Platform.
6.2 Limited License Grant to Twin. By posting or publishing User Content, you grant Twin a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed); all without obligation to notify or compensate you or attribute such Content to you.
6.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Platform, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform.
6.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
(a) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Twin and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by Twin, the Platform, and these Terms; and
(b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third- party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Twin to violate any law or regulation.
6.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Twin may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Platform you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Twin with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Twin does not permit or encourage copyright- infringing activities on the Platform.
7.1 Notification. We respect the rights of third parties in their intellectual property. If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact us at the following address: Twins Digital Services India Private Limited Module 6, 3 rd floor , “D” Block, Phase II, IITM, Research Park, Kanagam Road, Taramani, Chennai, Tamilnadu, India 600113 E-mail: email@example.com. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Platform;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good-faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
7.2 Repeat Violations. Twin will promptly terminate without notice the accounts of users that are determined by Twin to be a “repeat violator.” A repeat violator is a user who has been notified of infringing activity or has had User Content removed from the Platform at least twice.
7.3 Nothing contained in this clause may be perceived as a limitation to the ability of Twin to suspend user accounts for user content violations in the first instance.
control, and we are not responsible for their content. Twin is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials or third-party websites that link to or from the Service or are otherwise referenced on the Platform. Twin also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties. If you choose to use Third Party Materials and third- party websites together with the Platform, such use is entirely at your discretion and risk.
If you violate any provision of these Terms, your permission from to use the Platform will terminate automatically. In addition, Twin may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Platform at any time, with or without notice. We also reserve the right to modify or discontinue the Platform, any features thereof, or any Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Platform incurred prior to termination.
Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Platform. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the “last updated” date at the top of this page and make reasonable efforts to notify you that material changes have been made to the Terms. Your continued use of the Platform after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Platform.
The Platform is owned and operated by Twin Health Inc.. The visual interfaces, trademarks, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Twin Materials”) are the intellectual property of Twin Inc. and are protected by intellectual property and other laws. All Twin Materials contained in the Platform and all trademarks, service marks, patents, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of Twin Inc. or our third-party licensors. Except as expressly authorized by Twin Inc., you may not copy, republish, post, display, translate, transmit, reproduce, distribute or otherwise make use of the Twin Materials. The information displayed on the Platform is for your personal use only. Twin Inc. reserves all rights to the Twin Materials not granted expressly in these Terms. If at any time, you make any submissions, including but not limited to suggestions, feature ideas, bug reports, comments, you assign all rights in these submissions to us. Twin Inc. shall be entitled to use such submissions for any purpose, whatsoever, without compensation to the maker. In any event, such submissions are not and will not be treated as confidential and we will not be liable for any disclosure of submissions.
We act as a technology platform to connect you with Medical Practitioners who may be available to provide you with certain non-emergency medical care, however Twin is not itself a healthcare provider, and the Medical Practitioners are solely responsible for providing you with any medical care and treatment you receive in connection with your use of the Service. We do not manage, control or interfere with the practice of medicine by the Medical Practitioners, each of whom is responsible for the professional medical services he or she provides. The information provided by Twin as part of the Twin Materials and through the Platform is for general informational purposes only. None of the Twin Materials should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
You agree that you will be responsible for your use of the Platform, and you agree to defend and indemnify Twin from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
WHILE THE PLATFORM FACILITATES ACCESS TO CERTAIN MEDICAL PRACTITIONERS FOR NON-EMERGENCY MEDICAL CARE, TWIN IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. TWIN PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE MEDICAL PRACTITIONERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE PLATFORM OR SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL THE CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY. THE PLATFORM AND ALL TWIN’ MATERIALS AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, TWIN DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL TWIN MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TWIN DO NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE SERVICE, OR ANY TWIN MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE PLATFORM, YOUR DEALINGS WITH ANY MEDICAL PRACTITIONER OR OTHER USER, AND ANY TWIN MATERIALS OR ALL CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN TWIN MATERIALS OR CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR PATFORM, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLATFORM OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.
IN NO EVENT WILL TWIN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY TWIN MATERIALS OR CONTENT ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY MEDICAL ADVICE OR TREATMENT BY THE MEDICAL PRACTITONER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TWIN HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
ABSENT OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU AGREE THAT THE AGGREGATE LIABILITY OF TWIN TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT TWIN HAS RECEIVED FOR YOUR ACCESS TO AND USE OF THE PLATFORM IN THE TWELVE MONTHS PRIOR TO THE CLAIM; OR (B) TEN THOUSAND RUPEES (Rs 10,000).
TWIN SHALL IN NO EVENT BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH THE YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE THE PLATFORM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TWIN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND TWIN. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You alone are responsible for your communications, interactions, agreements, representations, promises or any other involvement with other Users. Twin reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release Twin from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
There may be interactive services within the Platform such as blogs, chat rooms, forums, instant messaging etc., and other service member zones that allow them to input their data, details, materials, comments or other similar communications. Using such services on the Platform, the User should realize that they are open for wide access and review, and any personal data that he/she published or provided during registration may become viewable by third parties. Twin is not responsible for the security of the User’s information that is passed by the User to third parties or provided during use of such services. Materials that will be placed by the User in such areas of the Platform will be stored in systems/devices of Twin as per Twin’s policy, if otherwise not directly documented in each particular case.
These Terms are governed by the laws of the India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Twin agree to submit to the personal and exclusive jurisdiction of courts in Chennai for the purpose of litigating any dispute. We also agree that Twin may seek interim equitable relief in any court having jurisdiction. We deliver the Service from our offices in India, and we make no representation that Twin Materials included in the Service are appropriate or available for use in other locations.
These Terms and any Additional Agreements are the entire and exclusive understanding and agreement between you and Twin regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.
23.1 Generally. In the interest of resolving disputes between you and Twin in the most expedient and cost-effective manner, you and Twin agree that every dispute arising in connection with these Terms (including those involving others) will be resolved by binding arbitration, except as noted below. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
23.2 Exceptions. Despite the provisions of Section 24.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action under the Consumer Protection Act prior to demanding arbitration as set forth below; (b) timely pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law at any time; or (d) to file suit in a court of law to address an intellectual property infringement claim at any time.
23.3 Arbitrator. Any arbitration between you and Twin will be governed by Arbitration and Conciliation Act, 1996.
23.4 Notice. Anyone who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). The address for Notice to Twin is: Twins Digital Services India Private Limited, Module 6, 3 rd floor, “D” Block, Phase II, IITM, Research Park, Kanagam Road, Taramani, Chennai, Tamilnadu, India 600113.
23.5 Demand. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We each agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Twin may commence an arbitration proceeding. The litigants will have the ability to take discovery on and exchange relevant information, on a confidential basis, about the dispute. During the arbitration, the amount of any settlement offer made by you or Twin must not be disclosed to the arbitrator until after the arbitrator makes a final, decision and award, if any. Except as required to comply with law or other obligations, the arbitration proceedings, filings and outcome shall be confidential.
23.6 Fees. Any arbitration hearing will take place at a Chennai. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, you agree to reimburse Twin for all monies previously disbursed by Twin.
23.7 Modifications. If Twin makes any future change to this arbitration provision (other than a change to Twin’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Twin’s address for Notice, in which case your account with Twin will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If any portion of Section 23 is found to be unenforceable, then Twin can elect to construe the entirety of this Section 23 to be null and void and, but in any event, we each agree that the exclusive jurisdiction and venue provisions will govern any action arising out of or related to these Terms.
The Service is offered by Twins Digital Services India Private Limited. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
26. Individual patient's results may vary depending on the years of diabetes, health condition of the patient, overall program adherence among many other factors.
27. Twin doesn't promote its whole-body digital twin technology as a cure to Diabetes. Nor does it claim permanent healing or making someone Non-Diabetic. Twin helps its members reverse Diabetes completely and live an energetic, happy life full of vitality.
28. The consultation calls will be recorded for our internal training and quality purposes.
29. Twin health uses https://www.googleapis.com/auth/calendar to add scheduled webinar zoom links in user's calendars. This feature helps our users to have a calendar invite for the webinar and helping them in directly joining the meeting from their calendar invites.