BurnCal Healthcare Pvt. Ltd. ("BurnCal", "we" or "us") welcomes you ("you" or "member") to BurnCal's website or application (collectively the "Site").
We may revise these Terms from time to time, without prior notice. When we do, we will revise the "last updated" date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services following any such revision will constitute your acceptance of such revised Terms.
BurnCal offers personalized workout programs through the Site (the "Services"). We may modify, suspend or discontinue (temporarily or permanently) the Services without prior notice. The Services are available only to individual members who are older than 18 years and younger than 65 years, are in good health, did not suffer from a heart condition or a stroke during the 6 month period prior to the date on which use of the Services has commenced, and have been approved by their physician as fit to perform physical workouts similar to those offered by the Services. By using the Services, you declare that you are in full compliance with the words of this paragraph.
Registration and Account
Use of some of our Services by you may require registration and creation of an account. In case registration of an account is required, you will be required to complete an application request for registration and access to the Services by submitting your basic information, including your name, email address, phone number, and the information listed below, and, if accepted, you will be able to register to the Services and open a personal account (the "Account") by choosing a username and a password, or log in with Google/Facebook. The user name you choose, as well as your name, email address, workout scores, and other details you provide or enable the saving of (e.g. your training sessions), will be part of your Account saved on our cloud servers. You will receive confirmation for joining the Services via email, to the email address you provide as part of the registration process (note that this will not be the case if you log in with your Google/Facebook credentials). BurnCal reserves the right to delete your Account after a significant duration of inactivity and you may request that we delete your Account by contacting us at hello @burncal.fit. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration process. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You also agree to notify us promptly at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms.
Saving your images or videos
BurnCal may offer you the possibility to (a) Save videos or images of your workouts to your Account, and (b) publish or share them via BurnCal. The shared videos or images may also be saved on our servers. You understand that all your images or videos (whether your share or post them), are your responsibility and BurnCal cannot guaranty that your shared or posted videos will not be misused. UNDER NO CIRCUMSTANCES WILL BURNCAL BE LIABLE IN ANY WAY FOR ANY OF YOUR SAVED VIDEOS, INCLUDING, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SAVED VIDEOS POSTED, EMAILED, OR OTHERWISE TRANSMITTED. If your saved videos feature the image of any person other than yourself, you confirm that you have received the permission of the relevant person for the use of his/her image by BurnCal in accordance with the terms of these Terms, and you agree to indemnify us for any losses which we may incur in the event of a well-founded complaint, action or claim by any third party concerning our use of this third party’s image, derived from your saved video. We will not transfer your saved videos or images with any 3rd party except as necessary to allow you to share them. In addition, you agree we may disclose your saved videos or images if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process, to enforce these Terms, to respond to claims that any of your saved videos violates the rights of third parties, or to protect the rights, property, or safety of BurnCal, our members and the public. You understand that the technical processing and transmission of your saved videos may involve transmissions over various networks. You agree that we use your saved videos or images for improving the quality and performance of our Services.
How Can You Help Us Improve?
The Services are based on artificial intelligence, as such the more data we collect about the way people train, the better they become. By subscribing to our service, you confirm that we may use your videos for the purposes of updating and enhancing the Services and we may also store and process your videos on our servers. BurnCal reserves the right to delete your videos once they have been analyzed. You may withdraw your consent for use of your videos at any time by notifying us at firstname.lastname@example.org.
Members shall use the Services for personal training. Members are prohibited from using the Services for any other purpose. Member shall be solely and fully responsible for its use of the Site and the Services and for all consequences and results thereof. Member agrees not to and shall not permit or assist any other party to • Use the Site, and/or the Services for any illegal, immoral, unlawful, and/or unauthorized purposes; • Interfere with or violate any Member’s rights to privacy and other rights, or harvest or collect personally identifiable information about members without their express consent, whether manually or with the use of any robot, spider, crawler any search or retrieval application, or use other manual or automatic device, process or method to access the Site, the Services and retrieve, index and/or data-mine information; Make any use of any content available on or through the Site or the Services on any other application, website or networked computer environment for any purpose; or frame or link any information available from the Site, unless permitted by these Terms. If you operate a website and would like to utilize information provided by this Site, we require that you not frame or link to specific portions of the Site, but instead provide a link to the Site.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND BURNCAL AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AND LICENSORS (COLLECTIVELY, "BURNCAL'S REPRESENTATIVES") DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. BURNCAL MAKES NO WARRANTY THAT: (I) THE SITE AND/OR THE SERVICES ARE OR WILL BE SECURE, TIMELY, RELIABLE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, DEFECTS, WORMS, OR OTHER HARMFUL COMPONENTS, (II) ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE SERVICES WILL BE CORRECTED, AND/OR (III) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. BURNCAL IS NOT AND SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS, FAULTS OR OMISSIONS RELATED TO ANY CONTENT CONTAINED IN THE SITE AND/OR THE SERVICES.
Physical Activity Notice
The Site includes features that support physical activity. You should consider the risks involved and consult with certified healthcare advisers and make your medical decisions based on their advice and your judgment before engaging in any physical activity. Your use of our Services is at your own discretion and risk. BurnCal is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. BurnCal is not responsible or liable for any injuries or damages you may sustain from your use of the Site and you agree to release and discharge BurnCal from any and all claims and/or causes of action arising out of your use of the Site and/or the Services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL BURNCAL AND/OR BURNCAL 'S REPRESENTATIVES BE LIABLE TO YOU OR TO OTHERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES AND/OR THE FAILURE OF THE SITE AND/OR THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED OR FROM THE FAILURE OF BURNCAL TO PERFORM UNDER THESE TERMS AND/OR FROM ANY OTHER ACT OR OMISSION OF BURNCAL OR BY ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER BURNCAL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURNCAL'S AND BURNCAL'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER AND/OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF: (I) THE NUMBER OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (II) US$100.00.
Intellectual Property Rights
You acknowledge that the Site, the Services, and any code that BurnCal creates to generate or display any content or the pages making up the Site and any and all intellectual property rights pertaining thereto, including without limitation, copyrights, database rights, domain names, trademarks, trademark applications, trade names, service marks and all goodwill associated therewith and symbolized thereby, patents, patent applications, inventions, discoveries, concepts, improvements, know-how, confidential information, trade secrets and design rights, in each case whether registered or unregistered and including all applications and rights to apply for registration, and all similar or equivalent rights (collectively, "Intellectual Property Rights"), are (i) solely and exclusively owned by and/or licensed to BurnCal, and (ii) are protected by applicable copyright, trademark and other intellectual property laws and international conventions and treaties. Nothing herein shall be deemed to convey to you an interest in or to any BurnCal 's Intellectual Property Rights other than a limited revocable right of use in accordance with these Terms. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of the Site and the Services, you agree not to use the Site, and/or the Services to infringe the Intellectual Property Rights of others in any way. If member provides any feedback or suggestions to BurnCal ("Feedback"), BurnCal shall have an exclusive, worldwide, royalty free, and irrevocable license to incorporate the Feedback into any BurnCal current or future products, technologies and/or services without member's approval and without any compensation payable to member.
The Terms shall remain in effect until terminated as set forth herein. Your failure to comply with any provision of the Terms, your misuse of the Site and/or the Services shall terminate your right to use the Site and the Services. In such circumstances, BurnCal may temporarily or permanently, at BurnCal's discretion, limit or terminate your access to the Site and the Services without notice, in addition to any other remedies that may be available to BurnCal under any applicable law. If you object to any term hereof, as may be amended from time to time, or if you become dissatisfied with the Site and/or the Services, you may terminate the Terms at any time by ceasing your use of the Site and the Services and this will be your sole and exclusive remedy in such circumstances. Upon termination of the Terms for any reason all rights granted to you under these Terms will immediately terminate and you will immediately cease all use of and access to the Site and the Services. The provisions of these Terms which by their nature survive the termination of these Terms shall survive termination of these Terms. Without limiting the generality of the foregoing, the Disclaimer of Warranties, Limitation of Liability, Physical Activity Notice, Intellectual Property Rights and Governing Law will survive the termination of the Terms for any reason whatsoever.
These Terms are personal to you, and you may not assign your rights or obligations hereunder to anyone. BurnCal, however, may assign these Terms without your notice or consent.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of India and you irrevocably submit to the exclusive jurisdiction of the courts in the city of Ahmedabad, Gujarat.