Posted as of 15 Oct 2024
Last updated as of 13 Jan 2025
Welcome to Nurtureaxis Technology Private Limited Terms of Use for Application
This Application and Website is created and operated by M/s. Nurtureaxis Technology Private Limited, having its registered office address at Prestige Cube Site No 26, Laskar Hosur Rd, Adugodi, Tavarekere, Bangalore- 560029, Karnataka (Herein referred as Company). This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA) and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA). This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access or usage of GURUCOSE ("Application/platform") designed as a SaaS solution to provide comprehensive health management assistance tailored for individuals with Diabetes and the website www.gurucose.com ("Websites"). The GURUCOSE Application operates in compliance with Digital Personal Data Protection Act (DPDPA), 2023, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as well as the Consumer Protection Act, 2019.
We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Use ensures your steady commitment to the usage of your platform and the services provided by Company on the Application "GURUCOSE" and the 'Websites' (hereinafter referred to as the "Platform").
For the purpose of these Terms of Use ("Terms of Use"), wherever the context so requires, "We", "Our", and "Us" shall mean and refer to the Platform and/or GURUCOSE, as the context so requires. "You", "Your", "Yourself", "User" shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by GURUCOSE and who is competent to enter into binding contracts, as per Indian laws. "Third Parties" refer to any Application, Platform or individual apart from the Users and the creator of this platform. "Platform" refers to the GURUCOSE Application created by the M/s. Nurtureaxis Technology Private Limited.
The GURUCOSE Application is a platform operated by Nurtureaxis Technology Private Limited. It is designed to provide comprehensive health management services specifically tailored for individuals with Diabetes. The platform leverages data from various devices to monitor key health metrics such as food intake, physical activity, and insulin usage, offering personalized recommendations to help users maintain optimal blood sugar levels throughout the day.
Our services include providing personalized health management insights based on user data, utilizing our SaaS model to analyze information related to food intake, physical activity, and medication patterns to support individuals in managing their health effectively.
Additionally, the GURUCOSE Application integrates seamlessly with third-party devices, other manufacturing devices and health-monitoring tools, making it easier for users to aggregate their health data in one place. While the platform may include features that allow users to consult with healthcare professionals or integrate data from various health apps, it does not directly engage in the sale of goods or services unrelated to its health management function.
The GURUCOSE platform, available via both the application and website, is a proprietary product of Nurtureaxis Technology Private Limited, a registered entity. All trademarks, including Nurtureaxis Technology Private Limited and GURUCOSE, are the exclusive property of Nurtureaxis Technology Private Limited.
The Platform is available for free on both iOS and Android operating systems. For more information about the Platform, users may visit www.gurucose.com or contact us at contact@gurucose.com.
You are required to register yourself on the Platform in order to avail the Platform and its services. The registration and the use of the Platform are free of cost, except for those services that are paid features of the application. For the purpose of registration, you shall be required to provide the following information on the registration link available on the homepage of the platform.
The Registrations shall be deemed complete only upon your authentication and verification of your details through the mobile or email authentication.
As a responsible platform, we do not let you link your social media platform for registration purpose or otherwise.
You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind yourself to these Terms of Use following the Law.
Parental Supervision Disclaimer Users under the age of 18 must use the GURUCOSE Application under the supervision of a parent or legal guardian. By continuing to use the application, users confirm that they have obtained the consent of a parent or guardian. Nurtureaxis emphasizes the importance of parental involvement in the management of a minor's diabetes and supports joint monitoring features, consistent with industry standards such as those employed by FreeStyle LibreLink (Abbott) and Dexcom apps.
You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
The Services are provided to you solely for your personal, non-commercial use. You shall not resell or distribute any insights, recommendations, or features obtained from the Platform.
You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf for your personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow any third party or entity to use the Platform and its Services on your behalf.
The Company grants you a non-transferable, non-exclusive, limited right to access the Platform and utilize the Services provided therein, contingent upon your compliance with the Terms as set out in full. You acknowledge and agree that any access or permissions granted to you by the Company, including but not limited to access links, SMS notifications, OTPs, email address, and QR codes, shall be used exclusively by you. The Company shall not be liable for any loss, cost, expense, or damage incurred by you as a result of accessing the Platform and utilizing its Services through access links, SMS notifications, OTPs, email addresses, QR codes, etc., which have not been delivered to you personally by the Company.
The User represents and warrants that they own or have the necessary rights and permissions to all content uploaded, posted, or otherwise transmitted through the GURUCOSE Application and Website. We shall not be responsible for any content uploaded, posted, or transmitted by Users. Users agree to indemnify and hold Us harmless from and against any and all claims, damages, liabilities, costs, and expenses arising from or related to any content uploaded, posted, or transmitted by the User.
All content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without prior written consent from Us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality, and genuineness of the content you provide on the Platform. While feedback and comments from Users can be made via the Platform, We bear no liability for any feedback or comments made by other Users regarding any content on the Platform. Furthermore, the Platform reserves the right to suspend or terminate the account of any User at its discretion if the User is found to have created, shared, or submitted any content that is untrue, inaccurate, misleading, offensive, or vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation, sharing, or submission of content that is deemed to be untrue, inaccurate, or misleading.
You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, or modify any content without written permission from Us.
You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.
In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.
The Founders, Promoters, Partners, or Associated personnel of GURUCOSE shall not be held responsible for any consequences arising from the following events:
The Platform accepts no liability for any errors, omissions, or inaccuracies, on behalf of itself or any third parties, nor for any damage caused to You, Your belongings, or any third party resulting from the use or misuse of the Platform or any service availed through the Platform. The service, along with any content or material displayed on the service, is provided without any guarantees, conditions, or warranties regarding its accuracy, suitability, completeness, or reliability. We will not be liable to You for the unavailability or failure of the Platform or for any consequences arising from reliance on insights provided by the Platform.
You are required to comply with all applicable laws and regulations concerning your activities, as well as with all policies that are incorporated into these Terms of Use by reference.
The Platform expressly excludes liability for any loss or damage that was not reasonably foreseeable by the Platform and which may be incurred by You, including loss of profits, business, or opportunity, or any other indirect or consequential loss arising from the use of the Platform. Furthermore, any loss or damage incurred as a result of a breach of these Terms of Use by You is excluded from Our liability.
To the fullest extent permitted by law, We shall not be liable to You or any third party for any loss or damage, regardless of the form of action or basis of any claim. Your sole and exclusive remedy for any dissatisfaction or dispute with Us or the Platform is to terminate your use of the Platform.
In no event shall the aggregate liability of Nurtureaxis Technology Private Limited exceed the total amount you paid for the services provided through the GURUCOSE platform that give rise to the claim.
These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continue to access and use the Platforms.
You may terminate your use of the Platform at any time.
We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that We may discontinue the Services and Platforms without any prior notice.
We reserve the right, in our sole discretion, to unilaterally terminate or suspend Your access to the Platform, or any portion thereof, at any time, without notice or cause. This includes, but is not limited to, the following situations:
Users may cancel their subscription at any time through the GURUCOSE application. Upon cancellation, no further charges will be incurred from the next billing cycle. Return or cancellation of the subscription is permitted as outlined in this policy. Users can cancel their subscription directly within the app, and if a subscription is offered, the cancellation will be effective immediately upon confirmation in the app. However, if the subscription month has already commenced, the fees for that month will not be refunded, and the Company will cease charging from the subsequent month onwards.
The GURUCOSE Website and App is linked to a secure payment gateway to facilitate transactions. All transactions conducted through the website are on a recurring subscription basis, with subscriptions automatically renewing every month or quarter or year, depending on the selected plan. Additionally, we do allow international orders for users outside India.
By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive E-mails, SMS, WhatApp messages and calls from Us and/or any of its representatives at any time.
You can report to "contact@gurucose.com" if you find any discrepancy with regard to Platform or content-related information and We will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
You expressly agree that notwithstanding anything contained hereinabove, You may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.
You agree and acknowledges that you are a restricted user of this Platform and you:
You further undertake not to:
Further:
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Platform's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.
You acknowledge and agree that your access to and use of the GURUCOSE Platform is at your sole risk. You are responsible for exercising your best judgment and prudence before availing of any features, services, or information provided on the Platform. We do not guarantee the accuracy, completeness, or suitability of any content, feature, or data obtained from connected Continuous Glucose Monitoring (CGM) devices, health monitoring devices, or other manufacturing devices linked to the Platform.
You agree that any information, resources, recommendations, insights, or activities obtained or accessed through the Platform—whether written, oral, or algorithm-generated—do not create any warranties of any kind, either express or implied. We expressly disclaim all liabilities arising from the use or misuse of such information or services. The Platform is provided "as-is," without any warranties regarding accuracy, reliability, or outcomes based on the insights and recommendations generated.
It is further agreed by you that the disclaimers, limitations of liability, and warranties outlined in this section shall survive even after the termination or expiry of these Terms of Use and/or the Privacy Policy. This ensures that the liability protection remains in effect regardless of any cessation of service.
The recommendations and data provided by Gurucose, as well as any third-party devices connected to our platform, are intended for informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Users are strongly encouraged to consult with their healthcare providers before making any health-related decisions. Gurucose and the manufacturers of connected devices—including CGM devices, fitness trackers, and other health or manufacturing equipment—are not responsible for any health decisions made by users based on the data or recommendations from our platform. Users assume full responsibility for the use of this information in conjunction with their healthcare provider's guidance.
We shall not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay or failure results from events or circumstances beyond Our reasonable control, including but not limited to acts of war, acts of God, earthquakes, natural disasters, riots, fires, sabotage, labor shortages or disputes, internet interruptions, technical failures, breakages of undersea cables, cyber-attacks, hacking, piracy, fraud, illegal or unauthorized activities, or any other events beyond Our control ("Force Majeure Events").
In such cases, our obligations under this agreement will be suspended for the duration of the Force Majeure Event.
It is expressly agreed by You that the formation, interpretation, and performance of these Terms of Use, as well as any disputes arising therefrom, will be resolved through arbitration.
Arbitration Process: In the event that the Parties are unable to amicably resolve a dispute, the dispute shall be referred to arbitration conducted by a sole arbitrator appointed by Us. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, of India, and the award issued by the sole arbitrator shall be final, valid, and binding on all Parties.
All costs associated with the arbitration shall be borne as determined by the arbitrator in their award. The arbitration proceedings shall be conducted in English, and the seat of arbitration shall be in Bangalore, Karnataka, India.
You further agree that these Terms of Use, the Privacy Policy, and any other agreements between the Parties shall be governed by and construed in accordance with the laws of India, irrespective of your location.
The contents of this Section shall survive the termination or expiration of the Terms of Use and/or Privacy Policy.
Any and all communication relating to any dispute or grievance experienced by You may be communicated to Us by emailing to contact@gurucose.com.
The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the Users. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on You using the Platform.
The use of this Platform by You is solely governed by these Terms of Use, the Privacy Policy that may be uploaded on the Platform, and any modifications or amendments made thereto by Us from time to time, at Our sole discretion. This includes the integration and use of data from Continuous Glucose Monitoring (CGM) devices, health monitoring devices, and other manufacturing devices connected to the Platform. If You, as a User, continue to access and use this Platform, You are agreeing to comply with and be bound by these Terms of Use, the Privacy Policy, and any subsequent updates.
You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that your act of visiting any part of the Platform, constitutes the User's full and final acceptance of these Terms of Use and the Privacy Policy.
We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.