TERMS OF SERVICE

Last updated: December 2024

1. Acceptance of Terms

By downloading, installing, or using the Aruku mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and AVIFA INFOTECH PVT LTD ("Company," "we," "us," or "our") regarding your use of the App.

2. Description of Service

Aruku is a smart walking companion application designed for Wear OS devices. The App provides interval training features, real-time tracking, and fitness monitoring capabilities to help users maintain a healthy walking routine.

The App is provided "as is" and "as available" without any warranties of any kind.

3. User Eligibility

You must be at least 13 years old to use the App. If you are under 18, you must have parental or guardian consent to use the App.

You represent and warrant that you have the legal capacity to enter into these Terms and to use the App in accordance with these Terms.

4. User Responsibilities

You are responsible for:

  • Using the App in accordance with these Terms and applicable laws
  • Maintaining the security of your device and account
  • Not sharing your device with unauthorized users
  • Ensuring that your use of the App does not interfere with others
  • Using the App for its intended purpose only
  • Consulting with healthcare professionals before starting any fitness program

5. Health and Safety Disclaimer

The App is designed to assist with walking and fitness activities, but it is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with your healthcare provider before starting any fitness program.

We are not responsible for any injuries or health issues that may result from your use of the App. You use the App at your own risk.

6. Intellectual Property Rights

The App and its original content, features, and functionality are owned by AVIFA INFOTECH PVT LTD and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

  • Copy, modify, or distribute the App or its content
  • Reverse engineer, decompile, or disassemble the App
  • Remove any copyright or proprietary notices
  • Use the App for commercial purposes without our written consent

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the App, you consent to the collection and use of information as described in our Privacy Policy.

8. Prohibited Uses

You agree not to use the App to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the App
  • Use the App for any illegal or unauthorized purpose

9. Disclaimers and Limitations

9.1 No Warranty

The App is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

In no event shall AVIFA INFOTECH PVT LTD be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the App.

9.3 Maximum Liability

Our total liability to you for any claims arising from your use of the App shall not exceed the amount you paid for the App, if any, or $10, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless AVIFA INFOTECH PVT LTD and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App or your violation of these Terms.

11. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the App will cease immediately. If you wish to terminate your account, you may simply discontinue using the App.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal, India.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and AVIFA INFOTECH PVT LTD regarding the use of the App, superseding any prior agreements between you and us relating to your use of the App.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • By email: steve@avifainfotech.com
  • By phone: +917278027780
  • By mail: AVIFA INFOTECH PVT LTD, UNIT NO-17, 17TH FLOOR, AURORA WATERFRONT, PLOT NO-34/1, BLOCK-GN, SECTOR-V, SALT LAKE, KOLKATA-700091