Terms & Conditions

Effective Date: October 1, 2021

Last updated on: September 9, 2025

1. DEFINITIONS

1.1. Monitra, Our, Us, We: Refers to Monitra Healthcare Private Limited, developer and operator of upBeat® Services.

1.2. User, You, Your (and all grammatical variations thereof): Any natural or legal person accessing, browsing, viewing, or using the upBeat® Services or Platform. In the event that a natural person is accessing or using the Platform on behalf of, or in representation of, any entity or legal person, reference to such terms shall include a reference to such entity or legal person as well.

1.3. Platform: Refers to the upBeat® mobile application, website, and any related digital platforms or tools.

1.4. Services: Refers to the digital healthcare services, including but not limited to data collection, monitoring, analysis, and reporting for health-related purposes.

2. ASSENT & ACCEPTANCE

2.1. By purchasing, downloading, installing, accessing, or using the upBeat® Services or Platform, you agree to be bound by these Terms & Conditions (“Terms”) and our Privacy Policy. If you do not agree, please discontinue use immediately.

2.2. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and Monitra.

2.3. These Terms shall constitute an electronic record within the meaning of the Information Technology Act, 2000, the ancillary rules made thereunder, the Digital Personal Data Protection Act, 2023, and all other applicable laws as amended from time to time. It is clarified that this electronic record is generated by a computer system and does not require any physical or digital signatures by us, you, or any other person.

3. REGISTRATION AND ACCOUNT

3.1. To access certain features of the Platform and Services, you may be required to register and create a single account (“Account”) using accurate information and secure login credentials. You are responsible for maintaining your Account and password, and for all activity conducted through it.

4. ABOUT THE SERVICES

4.1. The Services are intended for lawful, responsible, personal use only.

4.2. From time to time, Monitra may make available updates to the Platform or any part thereof and you hereby consent to Monitra applying updates. Such updates may occur automatically without the need for any act on your part. Certain functions or features of the Platform and/or Services may be modified or discontinued as a result of any such update or may not be available if you are not using the latest version of the Platform.

4.3. Monitra reserves the right to alter, suspend, or discontinue any Services at its discretion.

4.4. By using the Service, you expressly consent and agree that Monitra’s authorised personnel may, where required for the provision of the Services, visit you at your designated premises to explain, demonstrate, or facilitate the Services, and communicate with you through electronic means.

4.5. Where any device is provided to you for the purposes of availing the Services, you agree to return the device to Monitra, upon completion or termination of the Services, in good working condition; and be liable for the cost of repair or replacement of the device in the event of any loss of, or damage to, the device while in your possession.

5. INTELLECTUAL PROPERTY

5.1. All content, designs, text, graphics, images, video, audio, logos, button icons, software, code, interfaces, reports, and other materials made available on or through the Platform and Services (collectively, “Platform Content”) are protected under applicable copyright, trademark, and other intellectual property laws. Unless otherwise indicated, all Platform Content is the sole and exclusive property of Monitra.

5.2. You may not reproduce, distribute, commercially exploit or create derivatives without written permission. You are granted no right, title, or interest in or to such intellectual property, except for the limited license expressly granted under these Terms.

6. LICENSE TO USE SERVICES

6.1. Monitra grants you a non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms. Unauthorized use will result in termination.

7. USER OBLIGATIONS

You are responsible for:

7.1. Providing accurate registration information at the time of registration and whenever you update your Account. You represent and warrant that all information provided by you is true, accurate, current, and capable of substantiation, and is not misleading or fraudulent.

7.2. Maintaining confidentiality of your Account credentials.

7.3. Safeguarding against unauthorized access, and promptly reporting any unauthorized access immediately.

7.4. All activities conducted through your Account.

8. FEEDBACK AND TESTIMONIALS

8.1. By providing us with any feedback, suggestions, ideas, or testimonials (including by way of videos and photographs) regarding the Platform or Services, you agree that all rights, title, and interest in such feedback or testimonials shall belong to Monitra. We may use, copy, edit, publish, or distribute them in any medium (including marketing, advertising, or promotional channels) without payment, restriction, or the need for further consent, provided that the meaning of your statements is not materially altered. You also agree to release Monitra from any claims or liability arising from our use of such feedback or testimonials.

9. ACCEPTABLE USE

You must not:

9.1. Violate any laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA” - for Users in United States of America), General Data Protection Regulation (“GDPR” - for Users in the European Union), and the Information Technology Act, 2000 / Digital Personal Data Protection Act, 2023 (“DPDPA” - for Users in India”).

9.2. Upload harmful, illegal, or unauthorized content.

9.3. Attempt to gain unauthorized access to the Platform, another User’s account, or any systems, networks, or data connected to the Services, or otherwise interfere with the use and enjoyment of the Platform by others.

9.4. Upload or distribute viruses, malware, or any other harmful code intended to disrupt, damage, or limit the functionality of the Platform or Services

9.5. Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform or Services, or breach system security.

9.6. Use the services for unlawful, fraudulent, or discriminatory activities.

9.7. Use the Platform or Services in any way that could damage the Platform, Services or general business of Monitra.

10. COMMUNICATION

10.1. By using the Services, you consent to receive application/website notifications, emails, SMS, and electronic communications regarding products, Services, and updates. Such communications are considered transactional and not unsolicited commercial communications under the guidelines of the Telecom Regulatory Authority of India (TRAI) or any other applicable authority.

10.2. You agree not to use abusive, derogatory, or unlawful language when communicating with Monitra representatives or on the Platform, and Monitra reserves the right to suspend or block your access for violations.

11. PRIVACY INFORMATION

11.1. The Platform collects and processes personal health information (PHI) and personal data in compliance with HIPAA, GDPR, and the DPDPA.

(a) HIPAA Notice: PHI is safeguarded using encryption, access controls, audit logging, and security assessments.

(b) GDPR Notice: Personal data is collected only on a lawful basis. Users have rights of access, rectification, erasure, portability, restriction, and objection.

11.2. Users may request correction or deletion of their data at any time.

11.3. See our Privacy Policy (in-app and on the website) for full details.

12. WARRANTY AND LIABILITY DISCLAIMER

12.1. The Services are not intended as medical, legal, or financial advice. Reliance on insights is at your own risk. Consult licensed professionals for clinical decisions.

12.2. The Platform and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. We do not guarantee that the Services will be uninterrupted, error-free, secure, or meet your specific requirements, nor do we guarantee the accuracy or completeness of any content including the reports generated.

12.3. To the fullest extent permitted by law, Monitra disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Nothing on the Platform constitutes professional advice of any other kind.

12.4. Monitra shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform or Services.

12.5. Monitra shall not be liable for failures caused by circumstances beyond our reasonable control, including but not limited to natural disasters, technical failures, internet outages, pandemics, civil unrest, or governmental action.

13. INDEMNIFICATION

13.1. You agree to indemnify and hold harmless Monitra, its affiliates, and their respective officers, directors, employees, agents, service providers, and licensors (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

(a) Your misuse of the Platform or Services;

(b) Any breach of these Terms or the Privacy Policy,

(d) Any misrepresentation, negligence, or misconduct by you.

14. SPAM POLICY

14.1. The Services may not be used to send spam or mass unsolicited communications.

15. MODIFICATION & VARIATION

15.1. Monitra reserves the right to update or modify these Terms at any time. Continued use constitutes acceptance of updated Terms. Such modifications may include, without limitation, changes to the scope of the Services, introduction of new features, or adjustments required by applicable law or regulatory guidance.

15.2. All modifications/amendments to these Terms will be posted on the Platform and will become effective immediately upon such posting to the Platform. Please review these Terms regularly to remain informed of any changes.

15.3. These Terms were last modified on September 9, 2025

16. ENTIRE AGREEMENT

16.1. These Terms, together with our Privacy Policy, represent the full agreement between Monitra and User.

17. TERM, TERMINATION & SUSPENSION

17.1. Monitra may terminate or suspend your Account, your access to Services or Platform for violations of these Terms, the Privacy Policy, or applicable laws.

17.2. If you choose to terminate or delete your Account, or if your Account is terminated by Monitra for any reason, you acknowledge that Monitra has the right, in its sole discretion, to either continue to display or to permanently delete any content or information you may have uploaded or submitted to the Platform. Monitra has no obligation to maintain, store, delete, or transfer to you any such content or information after termination, except as required under applicable law or the Privacy Policy.

17.3. Termination or suspension of your Account or access to the Services shall be without prejudice to any other rights or remedies available to Monitra at law or in equity.

17.4. Any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

18. GENERAL PROVISIONS

18.1. Language: English (default), Telugu, Hindi.

18.2. Jurisdiction: Governed by Indian law; disputes subject to courts in Hyderabad, Telangana, India.

18.3. Assignment: You may not sublicense, assign, or transfer any of your rights or obligations under these Terms, in whole or in part, to any third party, without the prior written consent of Monitra. Monitra may sublicense, assign, or transfer its rights or obligations in whole or in part to its affiliate or a third party without any prior consent from you.

18.4. Severability: If any court of law, having the jurisdiction to decide over a matter relating to these Terms, rules that any provision of these Terms is invalid, illegal or unenforceable in any respect, then that provision will be modified to the extent necessary to render it, as modified, valid and enforceable under applicable laws, and such invalidity, illegality or unenforceability shall not affect the rest of the provisions of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

18.5. No Waiver: No failure or delay by Monitra, its affiliates, or other related third parties to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any other right or power.

18.6. Force Majeure: Monitra is not liable for circumstances beyond reasonable control.

18.7. Electronic Communications/Grievance Redressal: Communications may be electronic. If you have queries, suggestions, or grievances regarding the Platform or Services, please reach us through the ‘Contact Us’ page or email us with details at info@monitrahealth.com, and we will address them in accordance with applicable laws.

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