This is an agreement between you and Thrivana Health Pvt. Ltd. ("Thrivana" or "we" or "us") governing your use of Thrivana services as described on www.habitnu.in (“Website”) and the mobile app [HabitNu Thrive] (“App”). You acknowledge and agree that Thrivana, operating under an exclusive license from Prana Diabetes, Inc. d/b/a HabitNu and its subsidiaries and affiliates will be entitled to provide the Services to you under the terms of this Agreement.
1. Scope and Acceptance. The terms and conditions “Agreement” shall govern all access and use of the Website, mobile App, and related services (the “Services”). By accessing or creating an account on the Website/ mobile App or using the Services at your option as a member or guest “Users”, you agree and accept to be bound by this Agreement. This is a valid electronic contract under the Information Technology Act, 2000.
If you do not agree with the terms and conditions contained in this Agreement, you are not permitted to use the Services. We will not be liable for any consequences arising from your unauthorized use.
1.1 Operator. The Services are provided by Thrivana Health Pvt. Ltd. (Thrivana), operating under an exclusive license from Prana Diabetes, Inc. d/b/a HabitNu. Thrivana is your sole contracting entity in India.
1.2 User warranty. By using the Services and completing the registration process, you warrant that:
(a) all the data provided by you is accurate and complete;
(b) you shall maintain the accuracy of such information, and any changes thereto by making regular updates thereto;
(c) you confirm that you are above 18 (eighteen) years of age and are fully able and competent and eligible in accordance with applicable laws to enter into and comply with this Agreement.
(e) you will not access the Website/mobile App through automated or non-human means, or otherwise.
We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/mobile App.
1.3 Non‑Medical Service. Thrivana provides Users, the Services which include guidance to improve fitness, health and educational and behavioral support. Thrivana is not a medical organization, and our recommended support, plans, and advice should not be misconstrued as medical care, medical advice, prescriptions, diagnosis or treatment.
1.4 Account Security. You shall be solely responsible for your account and for keeping your credentials safe. Do not share your login. You are solely responsible and liable to Thrivana for all activities that take place or occur under your account.
1.5 Permitted Use. Thrivana grants you non-transferable, non-exclusive, non-sublicensable limited right and license for you to access use the Services only for lawful purposes as set forth under this Agreement, You agree that you will
(a) not sell, alter, transmit, distribute, license or modify any part of the Services;
(b) you will not copy, reproduce, reverse engineer, interfere with security or distribute any part of the Services in any medium or in any manner whatsoever.
2. Partner Clinics and Physicians.
Partner clinics and physicians act as independent entities and are responsible for clinical decisions. No physician‑patient relationship is created with Thrivana.
3. Fees and Renewals.
Prices for paid services (“fees”) are shown at the checkout page. We may add new services for additional fees, or amend fees for existing services, at any time in our sole discretion.
Your subscriptions to avail the paid Services shall renew automatically until cancelled at least 24 (twenty four) hours prior to the end of the subscription period in the mobile App or Website. For any cancellations kindly refer to the refund and cancellation policy below.
The fees are exclusive of applicable taxes and will apply on the final fees payable.
You are responsible to promptly inform Thrivana about any contact or billing information changes or updates.
4. Privacy and Data Protection.
You confirm that you have read, agreed and understood our Privacy Policy and Data Protection Policy regarding how Thrivana processes personal data in India under the Digital Personal Data Protection Act, 2023 (DPDPA).
5. Click‑Wrap Consent.
You accept these terms and conditions and related policies by clicking Agree or by continuing to use the Services. We record and retain time, IP, and device for legal proof.
6. Third‑Party Services.
The Services may integrate third‑party tools such as devices, payment processors, or analytics. Thrivana is not responsible for third‑party availability or errors.
7. Suspension and Termination.
We may suspend or terminate your access for misuse, fraud, risk to Users or systems, non‑payment, or legal compliance needs.
We cannot guarantee the Website/mobile App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/mobile App, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/mobile App at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/mobile App during any downtime or discontinuance.
Nothing in this Agreement will be construed to obligate us to maintain and support the Website/mobile App or to supply any corrections, updates, or releases in connection therewith.
8. Intellectual Property.
You acknowledge that unless stated otherwise, the Website/mobile App is our proprietary property and all “Content” and “Marks” as described under IP Notice are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
You acknowledge that the Content and the Marks provided on the Website/mobile App are “AS IS” for your information and personal use only. You expressly agree that, no part of the Website/mobile App and no Content or Marks may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part.
9. Indemnity by Users.
You agree to defend, indemnify and hold harmless Thrivana , including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any for loss, damage, liability or claim including reasonable attorney’s fees and expenses arising out of:
(a) your contributions, misuse, illegal conduct, or breach of these Terms.
(b) your use of the Website/mobile App;
(c) any breach of your representations and warranties set forth in these Terms;
(d) your violation of the rights of a third party, including but not limited to intellectual property rights; or
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10. Limitation of Liability.
Thrivana is not liable for indirect, incidental, special, punitive, or consequential damages. Our total liability for all claims in any twelve‑month period is limited to the fees you paid to Thrivana for the Services in that period. Nothing limits liability for fraud or willful misconduct.
11. No Emergency Care.
The Services are not designed or intended to address any medical emergencies, urgent health related situations, or critical care needs. The Services do not constitute emergency medical or clinical care, and should not be used as a substitute for consultation with qualified healthcare professionals. For any medical emergency, urgent issues or situations requiring immediate attention, you must contact local emergency services or seek immediate medical care from a licensed physician or hospital.
12. Changes to the Services.
We may modify or discontinue parts of the Services for operational, security, or legal reasons.
13. Amendment to the Terms.
We may revise these terms and conditions at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ mobile App. All changes are effective as soon as we post them and by continuing to use the Services, you agree to be bound by the revised terms and conditions of use.
14. Disclaimer.
THE WEBSITE AND/OR MOBILE APP, ALONG WITH ALL CONTENT AND SERVICES PROVIDED THEREIN, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE/MOBILE APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED - INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT - ARE HEREBY DISCLAIMED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF THE WEBSITE/MOBILE APP OR ANY LINKED CONTENT. WE SHALL NOT BE LIABLE FOR ANY ERRORS, INTERRUPTIONS, UNAUTHORIZED ACCESS, DATA LOSS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APP. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, OR CONTENT OFFERED BY THIRD PARTIES THROUGH THE WEBSITE/MOBILE APP OR ANY LINKED PLATFORM. USERS ARE ADVISED TO EXERCISE THEIR OWN DISCRETION AND JUDGMENT IN ALL SUCH INTERACTIONS.
15. Governing Law and Venue.
This Agreement shall be governed by the laws of India and courts in Bengaluru, Karnataka, shall have exclusive jurisdiction. Either party may seek urgent injunctive relief for data or IP misuse.