Terms and Condition

BIOART SYNERGY LLP (“Company”, “we”, “us”, or “our”) operates Twellr, an AI-enabled skin, hair and wellness platform. These Terms and Conditions ("Terms") govern your access to and use of the Twellr platform, including any associated software, applications, interfaces, AI-generated reports, partner-operated tablet or kiosk devices, booking services, curated marketplace, and any other services made available through the Platform, whether accessed directly by you or through a third-party partner location (collectively, the "Platform"). These Terms form a binding legal agreement between you and the Company. Please read them carefully before using the Platform.

The Platform is an AI-enabled wellness technology service. It does not constitute a medical service, healthcare offering, or regulated health device. The outputs generated by the Platform are for general informational and wellness purposes only and must not be treated as medical advice, clinical diagnosis, or a substitute for consultation with a qualified medical or healthcare professional.

By accessing, registering for, or using the Platform in any manner including accessing the Platform through a device at a partner location you acknowledge that you have read and understood these Terms and agree to be bound by them, together with our Privacy Policy (available at [URL]) and Cancellation and Refund Policy (available at [URL]), each of which is incorporated into these Terms by reference. If you do not agree to these Terms, the Privacy Policy, or any other applicable policy, you must not access or use the Platform.

Your continued use of the Platform after any amendment to these Terms takes effect constitutes your acceptance of the revised Terms, subject to any notification obligations set out in Clause 17.2.

1. NATURE AND SCOPE OF SERVICES

1.1. Platform Functionality

The Platform is an advanced Artificial Intelligence (AI) enabled wellness analysis tool designed to process user-provided data, including but not limited to facial images, personal information, and other related inputs, to generate automated wellness-related insights and reports ("Outputs"). The Platform leverages sophisticated machine learning algorithms and models to analyse this data. The Platform also facilitates appointment bookings with independent third-party wellness service providers ("Partners") and provides access to a curated marketplace for the purchase of wellness products. These functions are governed by the Cancellation and Refund Policy and the relevant sections of these Terms.

1.2. Automated Processing

The Platform operates primarily through automated AI systems. Unless explicitly stated for a specific feature or service, there is no human review, intervention, or interpretation involved in the data processing or the generation of Outputs. All analyses and insights are algorithmically derived. You acknowledge that you have been informed of this automated nature of processing, consistent with the requirements of the Digital Personal Data Protection Act, 2023 (India) and applicable UAE data protection law.

1.3. Informational Purpose Only

The services provided by the Platform are strictly for informational, general wellness, and self-awareness purposes. The Outputs are designed to offer insights into potential wellness indicators based on the provided data. The accuracy of Outputs depends entirely on the quality, accuracy and completeness of the data you provide. Twellr does not verify user-submitted data and accepts no responsibility for Outputs generated on the basis of inaccurate, incomplete or misleading inputs.

1.4. No Medical Advice, Diagnosis, or Treatment

THE PLATFORM IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, PROGNOSIS, TREATMENT, OR ANY FORM OF HEALTHCARE SERVICE. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before making any decisions related to your health.

1.5. Booking and Marketplace Services

Where the Platform facilitates appointment bookings with Partners, Twellr acts solely as a technology intermediary connecting you with independent third-party service providers. Twellr is not the provider of any services booked through the Platform and assumes no responsibility for the quality, safety, outcome or conduct of any services rendered by a Partner. Similarly, where the Platform provides access to a product marketplace, Twellr acts in the capacity of a marketplace operator. Your relationship in respect of any booking or product purchase is governed by the Cancellation and Refund Policy and any applicable Partner terms.

2. ELIGIBILITY AND USER ACCESS

2.1. Age Requirement

By using the Platform, you represent and warrant that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher, and are legally capable of entering into binding contracts. If you are under the age of majority, you may only use the Platform with the involvement and consent of a parent or legal guardian. Where the Platform is accessed through a partner location, it is the responsibility of the Partner to ensure that the Platform is not made available to minors without appropriate parental or guardian consent and supervision. Twellr shall not be liable for any use of the Platform by a minor at a partner location where this obligation has not been observed.

2.2. Account Types

You may access the Platform either as a guest user, where available, or by creating a registered account. Account registration may require you to provide certain personal information, including your name, email address, and other details. Guest access is available for certain features of the Platform, including AI scans conducted at partner locations. Where you access the Platform as a guest, your data will be processed in accordance with the Privacy Policy and the consent you provide at the time of the scan. Guest users may not have access to all Platform features, including account history, saved reports, or booking management.

2.3. Accuracy of Information

You agree to provide accurate, current, and complete information during the registration process and for all User Content submitted to the Platform. You further agree to maintain and promptly update your account information to keep it accurate, current, and complete. The Company shall not be responsible for any errors or inaccuracies in Outputs resulting from inaccurate or incomplete information provided by you.

2.4. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials (username, password, etc.) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.5. Access at Partner Locations

Where you access the Platform through a device located at a Partner's premises, you acknowledge that: (a) the physical device is provided by Twellr to the Partner under a separate agreement; (b) Twellr does not control or monitor the physical environment in which the device is used;(c) you should not leave personal information visible on the device screen after completing your session; and (d) you should immediately notify Twellr at [support email] if you believe your data has been mishandled at a partner location.

3. USER CONSENT AND DATA PROCESSING

3.1. Explicit and Informed Consent

In compliance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (India) ("DPDP Act"), the Federal Decree-Law No. 45/2021 on the Protection of Personal Data (UAE) ("UAE PDPL"), your use of the Platform is conditional upon your explicit, informed, and freely given consent, obtained prior to any collection or processing of your personal data, including your facial image. Consent will be obtained through a dedicated consent interface before any scan is initiated.

3.2. Consent for Core Services

By submitting your data to the Platform, you expressly consent to the following processing activities, which are essential for providing the core services: (a) The collection, storage, and processing of your personal data, including sensitive personal data such as facial images, and other related inputs, for the specific purpose of generating wellness analysis Outputs. (b) The fully automated processing and analysis of such data by our AI systems and machine learning models. (c) The storage and processing of your data in accordance with our Privacy Policy and the data localization requirements detailed in Section 11. (d) Data minimization principles are applied, meaning we only collect and process data that is necessary for the stated purposes.

3.3. Separate Opt-in Consent

We shall obtain separate, specific, freely given and unambiguous opt-in consent for any processing activities not strictly essential for the core service delivery, including: (a) The use of your anonymised or de-identified data for the purpose of training, validating, and improving our AI models, algorithms, and overall Platform functionality. This consent will be presented as a distinct, unticked checkbox separate from the core service consent. (b) The use of your contact information for sending marketing, promotional, and informational communications about our services, products, and updates. Your refusal to provide either of these optional consents will not affect your ability to use the core features of the Platform.

3.4. Right to Withdraw Consent

You have the right to withdraw your consent at any time for any processing activity for which you have provided consent, through your account settings or by contacting us at [contact email]. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Where you withdraw consent and request deletion of your personal data, we will process your request in accordance with our Privacy Policy and applicable law. Please note that withdrawal of core service consent will prevent you from using the scan and analysis features of the Platform.

4. CRITICAL DISCLAIMERS: MEDICAL AND AI-GENERATED CONTENT

4.1. NO MEDICAL ADVICE

As explicitly stated in Section 1.4, the Outputs generated by the Platform are AI-generated, non-diagnostic, and intended solely for informational and wellness-oriented purposes. The Platform is not a substitute for professional medical advice, diagnosis, or treatment. You must not rely on the Outputs for making any medical decisions, self-diagnosing, or self-treating any health condition. Always consult with a qualified healthcare professional for any health concerns. The Company shall not be liable for any actions taken or not taken based on the Outputs.

This disclaimer applies equally to outputs generated in respect of any skin condition, hair condition, scalp condition, nutritional recommendation, or any other wellness indicator produced by the Platform.

4.2. NO PROFESSIONAL-CLIENT RELATIONSHIP

Your use of the Platform does not create a doctor-patient, therapist-client, fiduciary, or any other form of professional advisory relationship between you and the Company.

4.3. AI LIMITATIONS AND ACCURACY

You acknowledge that AI systems are probabilistic and may produce inaccurate, incomplete, or biased outputs. The Company does not guarantee the accuracy, reliability, or suitability of any Outputs, and your reliance on such Outputs is at your own risk.

AI analysis of facial and scalp images may be affected by factors including lighting conditions, image quality, camera resolution, skin tone variations, age, and the accuracy of information you provide. Outputs may not reflect conditions that are not visually discernible from the image submitted. Twellr continuously works to improve its AI models but cannot guarantee that the analysis will be free from error or bias at any given time.

4.4. PARTNER SERVICES DISCLAIMER

Where the Platform facilitates a booking with a Partner, the service is delivered entirely by the Partner, who is an independent professional or business. Twellr makes no representation or warranty as to the qualifications, licensing, quality, or outcomes of any service provided by a Partner. Any concerns regarding a Partner's service must be directed to the Partner directly. Twellr's liability in respect of Partner services is limited to the extent set out in the Cancellation and Refund Policy.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Company Ownership

All rights, title, and interest in and to the Platform, including its software, source code, object code, algorithms, AI models, machine learning architectures, databases, user interface, design, content, text, graphics, images, video, audio, reports, Outputs, and all other components and intellectual property, are and shall remain the exclusive property of the Company and its licensors. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India, the United States, the UAE, and other international jurisdictions.

5.2. No Implied Rights

These Terms do not grant you any right, title, or interest in the Platform or any of the Company’s intellectual property, other than the limited license to use it as expressly specified in Section 6. All rights not expressly granted to you are reserved by the Company.

5.3. User Data and Outputs

For the avoidance of doubt, Twellr owns all rights in the Platform, its AI models, and the Outputs generated by the Platform. The Outputs are generated by Twellr's AI systems using data you provide as an input. Your provision of input data does not confer on you any rights in the underlying AI model, algorithm, or Output beyond the right to access and use your own Output for personal, non-commercial purposes.

6. LIMITED LICENSE TO USE

6.1. Grant of License

Subject to your strict compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your personal, non-commercial purposes.

6.2. Prohibited Uses

You shall not, and shall not permit any third party to: (a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Platform, including any AI models or algorithms. (b) Reproduce, duplicate, copy, sell, resell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or commercially exploit any part of the Platform or its Outputs. (c) Use any automated tools, such as robots, spiders, data miners, or scrapers, to access, monitor, copy, or extract data from any part of the Platform. (d) Use the Platform or its Outputs for any commercial purpose, including for resale, to provide services to third parties, or to develop competing products or services. (e) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Platform or its Outputs. (f) Attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform. (g) Use the Platform to scan or process the facial image, biometric data, or personal data of any other person without their prior, explicit, and informed consent.

7. PLATFORM AVAILABILITY AND MODIFICATIONS

7.1. Platform Changes

The Company reserves the right, at its sole discretion, to modify, update, suspend, or discontinue, temporarily or permanently, the Platform or any part thereof, including any features, functionalities, or content, at any time, with or without prior notice.

7.2. Availability

The Company does not guarantee that the Platform will be available at all times or that access will be uninterrupted, timely, secure, or error-free. The Platform may be subject to downtime for maintenance, updates, system failures, or other reasons beyond the Company’s control.

7.3. No Liability

To the fullest extent permitted by applicable law, the Company shall not be liable to you or any third party for any modification, suspension, discontinuation, or unavailability of the Platform or any part thereof.

7.4. Scheduled Maintenance

Where possible, the Company will endeavour to provide reasonable advance notice of scheduled downtime or maintenance via the Platform or registered email. The Company does not guarantee any specific response time for resolving unplanned outages and accepts no liability for losses arising from Platform unavailability.

8. USER OBLIGATIONS AND RESPONSIBILITIES

8.1. Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms, all applicable laws, rules, and regulations, including those pertaining to data privacy, intellectual property, and export control.

8.2. User Content Responsibility

You are solely responsible for all data, images, personal information, and other content you upload, submit, or transmit to the Platform ("User Content"). You represent and warrant that: (a) You own or have all necessary rights, licenses, consents, and permissions to submit the User Content to the Platform. (b) Your User Content and its submission and use on the Platform does not and will not violate any applicable law, infringe upon the rights of any third party (including intellectual property, privacy, or publicity rights), or contain any defamatory, obscene, or otherwise unlawful material. (c) All User Content provided by you is accurate, truthful, and not misleading.

8.3. Prohibited Conduct

You agree not to: (a) Upload, post, or transmit any User Content that is false, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. (b) Misuse the Platform by introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. (c) Attempt to interfere with the proper working of the Platform, or interfere with any other user's use of the Platform. (d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. (e) Engage in any activity that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.

8.4. Conduct at Partner Locations

Where you use the Platform at a Partner location, you agree to: (a) Follow the reasonable instructions of Partner staff regarding device use. (b) Not attempt to access the device's operating system, settings, or data outside of the Twellr application. (c) Not interfere with the device, its connectivity, or any other user's session. (d) Treat the device and surrounding equipment with reasonable care.

9. USER CONTENT LICENSE

9.1. Limited License to Company

By submitting User Content to the Platform, you grant the Company a limited, non-exclusive, royalty-free licence to process, store and use your User Content solely for the purpose of: (a) Providing the Platform's services to you, including generating your Outputs. (b) Maintaining and improving the security and integrity of the Platform. (c) Any other purpose for which you have given your separate, explicit consent in accordance with Clause 3.3. This licence does not permit the Company to use your User Content, including your facial images, for AI model training without your separate opt-in consent as specified in Clause 3.3(a). This licence terminates upon deletion of your User Content or closure of your account, subject to applicable data retention obligations under law.

10. DATA RETENTION AND AI TRAINING

10.1. Purpose-Limited Retention

Personal data shall be retained only for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, or for the establishment, exercise, or defense of legal claims.

10.2. Indicative Retention Timelines

(a) Facial Images and Related Inputs: Retained for a period of up to [number of months] months from the date of analysis, unless a longer retention period is explicitly consented to by you, required by law, or necessary for the resolution of disputes. Where you have not consented to retention and have accessed the Platform in guest mode, facial images will be processed for the purpose of the scan and discarded immediately upon generation of the Output (analyse-and-discard approach), unless a technical or legal reason requires otherwise. (b) Account Data: Retained for as long as your account is active and for a reasonable period thereafter in case you decide to re-activate the services or for compliance with legal obligations. (c) Anonymised/De-identified Data: Data that has been irreversibly anonymised or de-identified such that it can no longer be linked to an individual may be retained indefinitely for research, product improvement, and AI model training, subject to your separate opt-in consent as per Section 3.3(a).

10.3. AI Training Data

Any data used for AI training, validation, or improvement purposes shall be strictly anonymised or de-identified to prevent re-identification of individuals. Such processing will only be undertaken with your prior, explicit, opt-in consent, ensuring compliance with DPDP Act, PDPL, and global best practices for privacy-preserving AI development.

11. DATA LOCALISATION AND CROSS-BORDER PROCESSING

11.1. Jurisdictional Compliance

The Company is committed to processing and storing data in compliance with the data localization and cross-border transfer requirements of applicable laws, including the DPDP Act (India), the PDPL (UAE), and relevant US state-specific data protection laws.

11.2. Data Storage and Processing Locations

(a) For Users in India: To the extent required by the DPDP Act and other applicable Indian laws, the personal data of users located in India will be stored and processed in accordance with applicable data localisation requirements under Indian law. (b) For Users in the UAE: The personal data of users located in the UAE will be processed and stored within the UAE or in other jurisdictions that are approved by the relevant UAE authorities as having an adequate level of data protection. (c) For Users in the United States: Personal data of users located in the United States may be stored and processed on servers located within the United States. (d) For Other Users: Your data may be processed and stored in [list of data center countries] or other jurisdictions where the Company or its service providers maintain facilities.

11.3. Cross-Border Transfers

Any cross-border transfer of personal data will be conducted in compliance with applicable data protection laws and only where a lawful transfer mechanism is in place. Applicable mechanisms may include adequacy decisions, Standard Contractual Clauses (SCCs), or your explicit consent for specific transfers. Binding Corporate Rules (BCRs) will only be relied upon where formally adopted by the Company. We implement appropriate technical and organisational security measures to protect personal data during any international transfer. For further detail, please refer to our Privacy Policy.

12. THIRD-PARTY AND PARTNER USAGE

12.1. Access via Partners

The Platform may be made available to you through third-party locations, such as wellness clinics, salons, fitness centers, or retail partners ("Partners").

12.2. Partner Responsibility

The Company is not responsible for the actions, omissions, or data handling practices of these Partners. We do not control the physical environment, security protocols, or the conduct of personnel at Partner locations. Any misuse of devices, unauthorized access to data, or other breaches of privacy by a Partner or its employees is the sole responsibility of the Partner. You should review the privacy practices and terms of service of any Partner before providing your data through their facilities.

12.3. Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

12.4. Partner Data Handling

Partners who operate Twellr devices at their premises are bound by separate agreements with the Company that prohibit Partners from accessing, storing, or using any personal data collected through the Platform. If you believe a Partner has mishandled your data, please contact us immediately at [support@twellr.ai]. The Company will investigate and take appropriate action in accordance with applicable law and the terms of the Partner agreement.

13. DISCLAIMER OF WARRANTIES

13.1.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

13.2.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF THE PLATFORM OR ITS OUTPUTS.

13.3.

THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13.4.

NOTHING IN THESE DISCLAIMERS IS INTENDED TO, NOR SHALL IT, EXCLUDE OR LIMIT ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE MANDATORY CONSUMER PROTECTION LEGISLATION INCLUDING THE CONSUMER PROTECTION ACT, 2019 (INDIA) OR FEDERAL DECREE LAW NO. 5 OF 2023 (UAE). TO THE EXTENT THAT ANY PROVISION OF THESE TERMS CONFLICTS WITH YOUR MANDATORY STATUTORY RIGHTS, YOUR STATUTORY RIGHTS SHALL PREVAIL.

14. LIMITATION OF LIABILITY

14.1.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM, OR RELIANCE ON ANY OUTPUTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2.

UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES IN THE [number of months] MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR [amount in AED], IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

14.3.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

14.4. Exceptions to Limitation

NOTHING IN THIS CLAUSE 14 SHALL LIMIT OR EXCLUDE THE COMPANY’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

15. INDEMNIFICATION

15.1.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) Your violation of these Terms. (b) Your use of the Platform, including your User Content. (c) Your violation of any applicable laws or regulations. (d) Your infringement of any third-party rights, including intellectual property or privacy rights.

15.2.

The Company's right to indemnification under Clause 15.1 shall be exercised reasonably and in proportion to the actual loss, damage or liability suffered by the Company arising from the relevant act or omission. The Company shall take reasonable steps to mitigate its losses before claiming indemnification.

16. DISPUTE RESOLUTION AND GOVERNING LAW

16.1. Amicable Resolution

The parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, including their breach, termination, enforcement, interpretation, or validity, amicably through good-faith negotiations. For the purpose of this clause, the period for amicable resolution shall commence from the date on which one party gives written notice to the other identifying the dispute. Users in India may also raise complaints with Twellr's Grievance Officer, whose details are set out in Clause 17.8 below, before initiating formal dispute resolution proceedings.

16.2. Jurisdiction-Specific Arbitration

If the dispute cannot be resolved amicably within thirty (30) days from the date of the initial notification of the dispute, it shall be finally settled by binding arbitration as follows: (a) For Users in India: The dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of the arbitration shall be Hyderabad, Telangana. The language of the arbitration shall be English. The governing law shall be the substantive laws of India, without regard to its conflict of law principles. (b) For Users in the UAE: The dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC). The seat of the arbitration shall be Dubai, UAE. The language of the arbitration shall be English. The governing law shall be the substantive laws of the UAE, and where applicable, the laws of the Emirate of Dubai without regard to its conflict of law principles. (c) For Users in the United States: The dispute shall be referred to and finally resolved by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in [city state USA]. You waive any right to a jury trial and agree that any such arbitration will be conducted on an individual basis and not in a class, consolidated, or representative action. The governing law shall be the substantive laws of the State of [state USA], without regard to its conflict of law principles.

16.3. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

16.4. Consumer Forum Rights

Nothing in this Clause 16 shall prevent a consumer (as defined under the Consumer Protection Act, 2019) from filing a complaint with the relevant District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, or the National Consumer Disputes Redressal Commission, as applicable. The arbitration provisions above do not override mandatory consumer dispute resolution rights under Indian law.

17. GENERAL PROVISIONS

17.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire and exclusive understanding and agreement between the Company and you regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

17.2. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [number of days notice] days' notice prior to any new terms taking effect. Notice of material changes will be provided via the Platform, by email to your registered address, or by such other means as are reasonably likely to bring the changes to your attention. Changes that are required by law may take effect immediately. What constitutes a material change will be determined at our sole discretion. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

17.3. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

17.4. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.5. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. The Company may freely assign or transfer these Terms without restriction.

17.6. Survival

The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

17.7. Electronic Communications

You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Platform, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17.8. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to acts of God, natural disasters, pandemic, civil unrest, war, government action, power failures, internet outages, or failure of third-party service providers. The Company will use reasonable endeavours to resume performance as soon as practicable.

CONTACT INFORMATION

For any questions about these Terms, please contact us at:

[Company Full Legal Name]
[Company Address]
Email: [Contact Email]
Phone: [Contact Phone Number]